Victorian Current Acts Victorian Current Acts(1) The Registrar must retain documents which have been lodged under this Part unless the Registrar returns a document in accordance with subsection (2) or (3) or another provision of this Part.
(2) The Registrar must on request return to the person who lodged it or appears to be entitled to it any document which has been lodged under this Part and which—
(a) relates to land which is brought under this Act and is a subsisting lease, mortgage or charge; or
(b) relates to land which is not brought under the operation of this Act and—
(i) is a subsisting lease, mortgage or charge; or
(ii) is the last deed which constitutes, or are the last deeds which together constitute, the fee or equity of redemption.
(3) The Registrar may—
(a) on request return to the person who lodged it or appears to be entitled to it any document which has been lodged under this Part and which the Registrar is not required to return under subsection (2); and
(b) impose conditions or requirements in relation to the return of that document.
(4) Before returning a document under subsection (2) or (3) the Registrar must take a copy or require a copy to be taken of the document and must retain that copy with other documents lodged under the conversion scheme.
(5) No action shall be brought on—
(a) any covenant or agreement for the production of any documents retained under this section; or
(b) any agreement to give or enter into a covenant for the production of any documents retained under this section.
(6) If any action referred to in subsection (5) is commenced it is a sufficient answer to that action that the documents are retained under this Act.
S. 26U inserted by No. 85/1998 s. 6.