Section 43 — Land Transfer Act 1952: Where instrument lodged not in order for registration

43 Where instrument lodged not in order for registration (1) Subject to any regulations under this Act, where any instrument lodged for registration with the Registrar is found not to be in order for registration, he may— (a) Return the instrument and all other instruments lodged in connection therewith, or such of them as he thinks fit, to the person by whom they were lodged or, where that person is not available, to such other person as may, in the opinion of the Registrar, be entitled to receive them; or (b) Retain the instrument in his office pending rectification of any matter required by the Registrar to be rectified. (1A) Where the Registrar makes a finding under subsection (1) , but has already returned the instrument lodged for registration (other than pursuant to subsection (1)(a) ), the Registrar must give a notice to the person by whom the instrument was lodged specifying that— (a) The return of the instrument is to be regarded as having been made under subsection (1)(a) ; or (b) The instrument is to be regarded as having been retained pursuant to subsection (1)(b) ,— and the instrument must be treated as so returned or retained for the purposes of this section. (2) If any requisition made by the Registrar in respect of any instrument retained for rectification as aforesaid is not complied with within such time as the Registrar may specify in that behalf in a notice forwarded to the person who lodged the instrument, or to the person entitled under the instrument, the Registrar— (a) May refuse to complete or proceed with the registration of the instrument or to do any act or make any entry in relation thereto; and (b) May thereupon return the instrument and all other instruments lodged in connection therewith, or such of those instruments as he thinks fit, to the person by whom they were lodged or, where that person is not available, to such other person as may, in the opinion of the Registrar, be entitled to receive them. (3) If any instrument is returned as provided in subsection (1)(a) , the Registrar may determine that either— (a) any fees paid to the Registrar in respect of the instrument are forfeited; or (b) any fees paid to the Registrar are forfeited unless any matter required to be rectified to enable the instrument to be registered is so rectified and the instrument is again lodged with the Registrar within a period specified by the Registrar. (4) Where any instrument is returned as provided in paragraph (b) of subsection (2) of this section, any fees paid to the Registrar in respect of that instrument shall be forfeited. (5) [Repealed] (6) Where any instrument is returned pursuant to this section, it shall be deemed not to have been presented for registration. (7) [Repealed] Section 43 was substituted, as from 7 October 1966, by section 5 Land Transfer Amendment Act 1966 (1966 No 37). Subsection (1A) was inserted, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123). Subsection (2) was amended as from 26 August 2002, by section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11) by omitting the words “ by registered letter through the post ” . See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216). Subsection (3) was substituted, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11). Subsections (5) and (7) were repealed, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123).