South Australian Current Acts South Australian Current Acts220—Powers of Registrar-General
The Registrar-General may exercise the following powers:
(a) To
compel production of documents and examine person interested
the Registrar-General may summon the proprietor or other person making
application to have any land brought under the provisions of this Act, or the
proprietor, or mortgagee, or any other person interested in any land in
respect of which any instrument is about to be registered or recorded, to
produce any document of title, instrument of title, or other instrument in his
or her possession or under his or her control affecting such land, or the
title thereto, and to appear and give any explanation or information
respecting such land, and the documents and instruments of title relating
thereto, and may examine any such person in respect thereof; and the
Registrar-General, if the document, instrument, explanation, or information
required by him or her be withheld, and the same appear to him or her
material, shall not be bound to proceed with the bringing of such land under
the provisions of this Act, or with the registration or recording of such
instrument, as the case may be;
(b) To
administer oaths
the Registrar-General may administer oaths, or, in lieu of administering an
oath, may require a person who is to be examined to make a declaration of the
truth of the statements to be made by the person;
(d) To
require production of other instruments etc
if in respect of any instrument or other matter arising under this Act the
Registrar-General is of opinion that—
(i)
the production of any other instrument or document; or
(ii)
the giving of any information evidence or notice; or
(iii)
the doing of any act,
is necessary or desirable, the Registrar-General may—
(iv)
require the person lodging the instrument or some other
person concerned in the matter to produce the other instrument or document,
give the information evidence or notice or do the act; and
(v)
until the requirement is complied with and the prescribed
fee, if any, is paid, refuse to proceed with the registration or recording in
the Register Book of the first-mentioned instrument or with the other matter
or to do any act or make any entry in connexion therewith;
(e) To
reject certain instruments
if a requisition made under paragraph (d) of this section is not complied
with within 2 months, the Registrar-General may serve on the person lodging
the instrument and the parties to the instrument notice that the
Registrar-General intends to reject the instrument, and if, after the
expiration of 2 months or such further period as the Registrar-General may
allow, the requisition is not complied with, the Registrar-General may reject
the instrument if, in his or her opinion, it cannot be registered or recorded
under this Act, and any fees paid in respect of any rejected instrument shall
be forfeited;
(f) To
correct errors
the Registrar-General may, upon such evidence as the Registrar-General
considers sufficient—
(i)
correct errors, or update information recorded, in—
(A) the Register Book;
(B) a certificate;
(C) any entry in the Register Book or a
certificate;
(D) any plan of division or other plan in
the Lands Titles Registration Office; or
(ii)
make any entry or notation in or upon the Register Book,
a certificate, plan of division or other plan that has been erroneously
omitted;
Every certificate or entry so corrected or supplied shall have the like
validity and effect as if such error had not been made or such entry omitted.
In exercising his or her powers under this paragraph the Registrar-General may
disregard any difference between the dimensions of boundaries as stated in any
certificate or in the Register Book or in entries made therein respectively
and the actual dimensions of such boundaries as found by admeasurement on the
ground;
(g) To
enter caveats
the Registrar-General may enter caveats prohibiting the registration or
recording in the Register Book of an instrument—
(i)
on behalf of the Crown; or
(ii)
for the prevention of a fraud or an improper dealing; or
(iii)
if it appears to the Registrar-General that an error has
been made by misdescription or otherwise in an instrument; or
(iv)
for the protection of any person absent from the State,
or under the disability of infancy, coverture or mental incapacity; or
(v)
if the Registrar-General considers it is in the public
interest to do so;
(h) To
withdraw caveat on payment of money
the Registrar-General shall, where a caveat is entered to protect a sum of
money, upon payment of such sum to him or her, withdraw such caveat;
(i)
To alter forms of instruments etc
the Registrar-General may, with the consent of the Governor, from time to
time, make such alterations in the several forms of instruments prescribed in
the Schedules hereto as the Registrar-General may deem requisite; and every
form of instrument so altered shall be published in the Government Gazette,
and may thereafter be used in lieu of, and shall have the same effect as, the
corresponding form prescribed by this Act, and shall be deemed an authorised
form;
(j) To
require map to be deposited
the Registrar-General may require any person applying to bring land under the
provisions of this Act, or any registered proprietor desiring to transfer or
otherwise to deal with the land or any portion of the land comprised in his or
her certificate, or other instrument of title, to deposit with him or her a
map or plan of such land, verified by the declaration of a Licensed Surveyor;
and if such person or proprietor shall neglect or refuse to comply with such
requirement, it shall not be incumbent on the Registrar-General to proceed
with the bringing of such land under the provisions of this Act, or with the
registration of such transfer or dealing;
(l) To
destroy certain documents
the Registrar-General may, notwithstanding any other provision of this Act,
with the approval of the Attorney-General, and subject to section 32 of the
Libraries Act 1982 , deliver to an appropriate person or destroy any
record, document, instrument, plan, diagram, book or paper or any other paper
writing, whether of the same kind as those before enumerated or not, that is
deposited with or registered at the Lands Titles Registration Office the
retention of which by the Registrar-General serves no useful purpose in his or
her opinion.