(1) In this section
—
caveat means a caveat lodged under the Mining Act
1978 ;
registrar means a mining registrar as defined in
the Mining Act 1978 section 8(1).
(2) If a caveat
relates to a dutiable transaction, the registrar must reject the caveat unless
the registrar is satisfied, on evidence provided by the person lodging the
caveat —
(a) that
the transaction has been duty endorsed; or
(b) that
a transaction record for the transaction has been lodged for duty endorsement
in accordance with section 23.
Penalty: a fine of $20 000.
(3) It is a defence to
a charge of an offence under subsection (2) to prove that the accused person
did not know and could not reasonably have been expected to have known that
the caveat related to a dutiable transaction.
(4) If a caveat
relates to a transaction that is not a dutiable transaction, the registrar may
reject the caveat unless when it is lodged it is accompanied by a statutory
declaration —
(a)
stating that the transaction is not a dutiable transaction; and
(b)
setting out why the transaction is not a dutiable transaction (including
reference to any relevant provisions of a duties Act).
[Section 278 amended: No. 2 of 2014 s. 55.]