Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 159

159 Withdrawing lodged instrument before registration

(1) The registrar may withdraw an instrument, or permit an instrument to be withdrawn, if the registrar is satisfied—

(a) the instrument will not give effect to the intention expressed in it or a related instrument because of the order in which the instrument has been lodged in relation to other instruments; or

(b) the instrument should not have been lodged, including, for example, because the instrument can not be given legal effect.

Example of an instrument that can not be given legal effect—

a power of attorney that names the same person as principal and attorney

(2) An instrument that is withdrawn by the registrar under subsection (1) remains in the land registry, unless the instrument is an instrument that should not have been lodged.

(3) The registrar may relodge an instrument that has been withdrawn by the registrar.

(4) On receiving a written application, the registrar may relodge an instrument that the registrar has permitted to be withdrawn.

(5) An instrument withdrawn under subsection (1) loses its priority and is taken to have been lodged on the date and at the time endorsed on it by the registrar at the time of its relodgement.

(6) Subsection (5) does not apply to a plan of subdivision mentioned in section 53 .