Tasmanian Numbered Regulations
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LAND TITLES REGULATIONS 2022 (S.R. 2022, NO. 95) - REG 20
Recorder may refuse to accept dealings or applications in certain cases
(1) The Recorder may refuse to accept a dealing or application for
lodgment that (a) does not comply in all respects with the
requirements of the Act; or
(b) does not comply with the requirements within
another Act that apply to the dealing or application, or transaction to which
the dealing or application relates; or
(c) appears to the Recorder to form
part of a transaction that is the result of, or would result in, fraud or
improper dealing; or
(d) requires a recording to be made on a certificate of
title or duplicate registered dealing that is not immediately available to the
Recorder for that purpose; or
(e) is not accompanied by writing that is
required by law, or is reasonably required by the Recorder, to be lodged with
that dealing; or
(f) defines land by reference to a sealed plan that has not
taken effect in accordance with Division 4 of Part 3 , or section 112 of the
Local Government (Building and Miscellaneous Provisions) Act 1993 ; or
(g)
refers to a lot on an unregistered strata plan.
(2) Subregulation (1)(d) and (e) do not apply where a dealing or application is accompanied by (a) an application to the Recorder under section 35 of the Act in respect of a certificate of title or duplicate registered dealing that has been lost, mislaid or destroyed; or
(b) a request for the Recorder to use the Recorders discretion under section 160(5) of the Act to dispense with (i) the production of the certificate of title referred to in paragraph (a) ; or
(ii) the production of the duplicate registered dealing referred to in paragraph (a) ; or
(c) a request for the Recorder to call in the certificate of title or duplicate registered dealing that, to the satisfaction of the Recorder, falls under section 163 of the Act.
(3) For the avoidance of doubt, if the Recorder accepts a dealing, or
application, for lodgment, that may be refused by the Recorder under
subregulation (1) (a) the acceptance of the dealing or
application does not mean that the dealing or application is in accordance
with the Act for the purposes of registration; and
(b) section 50 of the Act
still applies in respect of the dealing or application.
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