Victorian Current Acts Victorian Current Acts(1) A mortgagee or annuitant may apply to the Registrar for the removal of a lease, the removal of a variation of a lease or a reinstatement of a lease if—
(a) section 77 applies; and
(b) the written consent of the mortgagee or annuitant was not obtained before the registration of—
(i) the lease; or
(ii) the variation of the lease; or
(iii) the surrender of the lease.
(2) An application under subsection (1) must be in the approved form.
(3) If an application is made under subsection (1), the Registrar must serve on a person benefited by the lease, or the variation of the lease or the surrender of the lease, notice—
(a) of the application of the mortgagee or annuitant; and
(b) requiring the person to produce evidence, by a day specified in the notice that is not less than 30 days after service of the notice, of the written consent of the mortgagee or annuitant to—
(i) the lease; or
(ii) the variation of the lease; or
(iii) the surrender of the lease.
(4) The Registrar may grant and process an application made under subsection (1) if—
(a) no evidence is produced as required by the notice in subsection (3) within the time specified in that subsection; or
(b) the evidence produced by the person served with a notice under subsection (3) does not prove to the satisfaction of the Registrar that the mortgagee or annuitant provided written consent to—
(i) the lease; or
(ii) the variation of the lease; or
(iii) the surrender of the lease.
S. 88B inserted by No. 70/2014 s. 19.