Section 164A — Land Transfer Act 1952: Certification

164A Certification (1) Every instrument to which this subsection applies must contain a certification that complies with subsection (3) . (2) Subsection (1) applies to— (a) electronic instruments; and (b) paper instruments of a class specified for the purpose by regulations made under this Act. (3) Certifications must specify that— (a) the person giving the certification has authority to act for the party specified in regulations in relation to that class of instrument and that party has legal capacity to give such authority; and (b) the person giving the certification has taken reasonable steps to confirm the identity of the person who gave the authority to act; and (c) the instrument complies with any statutory requirements specified by the Registrar for that class of instrument; and (d) the person giving the certification has evidence showing the truth of the certifications in paragraphs (a) to (c) and that the evidence will be retained for the period prescribed for the purpose by regulations made under this Act. (4) Regulations made under this Act may prescribe the form of certifications under this section. Sections 164A to 164E were inserted, as from 1 June 2002, by section 57 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).