(1) The Registrar may
exercise and shall perform the powers and duties set out in subsections (2) to
(8).
(2) The Registrar may
administer an oath and may take and receive the declaration of any person
voluntarily making the same (in this Act called a statutory declaration ).
(3) The Registrar
shall upon the direction of the Commissioner correct errors in the Register or
in entries made therein or in instruments or graphics and may supply entries
omitted to be made under the provisions of this Act.
(4) In the correction
of any such error in a paper medium he shall not erase or render illegible the
original words or lines and shall affix the date on which such correction was
made or entry supplied and initial the same.
(5) In the correction
of any such error in a digital medium the Registrar shall keep a permanent
record of any words or lines to be deleted and the date on which the
correction was made or the entry supplied.
(6) Every error 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 except as regards any entry
made in the Register prior to the actual time of correcting the error or
supplying the omitted entry.
(7) The Registrar
shall upon the direction of the Commissioner lodge a caveat on behalf of Her
Majesty or on behalf of any person who shall be under the disability of
infancy lunacy unsoundness of mind or absence from Western Australia to
prohibit the transfer or dealing with any land belonging or supposed to belong
to any such person and also to prohibit the dealing with any land in any case
in which it shall appear that an error has been made by misdescription of such
land or otherwise in any certificate of title or in any plan, diagram or
instrument or for the prevention of any fraud or improper dealing.
(8) Despite any other
provision of this Act, the Registrar may destroy any document that is lodged,
presented, filed or deposited with the Authority or registered in its office
if —
(a) the
Commissioner and the Registrar are of the opinion that the retention of the
document serves no useful purpose; and
(b) the
Minister approves the destruction of —
(i)
the document; or
(ii)
a class of documents in which that document is included.
[(9) deleted]
[Section 188 amended: No. 9 of 1959 s. 2; No. 81
of 1996 s. 112 and 145(1); No. 6 of 2003 s. 72; No. 28 of 2003 s. 129(5); No.
60 of 2006 s. 114; No. 19 of 2010 s. 51; No. 2 of 2014 s. 80; No. 21 of 2022
s. 38.]