Section 47 — Land Transfer Act 1952: Presentation of instruments for registration

47 Presentation of instruments for registration (1) A person claiming under an instrument, or anyone acting on his or her behalf, may present the instrument at a designated land registry office— (a) by hand at the public counter; or (b) by depositing the instrument in a secure facility provided for that purpose; or (c) by posting it to that office. (2) For the purpose of subsection (1) , designated land registry office means any land registry office designated for that purpose by the Registrar. (3) Subject to subsections (4) , (5) , and (6) , an instrument presented for registration under this section has priority as provided for in section 37 . (4) An instrument presented in the manner provided for in subsection (1)(b) or (c) is deemed to have been presented for registration on the business day after the day on which it is received by the Registrar and before any other matter presented on the day of registration in relation to the same land. (5) Any caveat of any kind or notice of claim under the Property (Relationships) Act 1976 that is presented to the Registrar in the manner provided for in subsection (1)(b) or (c) is deemed to have been presented for entry after any other instrument presented to the Registrar in the same manner on the same day. (6) Except where subsection (5) applies, if 2 or more instruments are received in the manner provided for in subsection (1)(b) or (c) , they have priority as between themselves,— (a) if section 41(2) applies to the instruments, in accordance with that provision: (b) if section 41(2) does not apply to the instruments, in the order in which they were date and time stamped as received by the Registrar. Section 47 was repealed, as from 20 May 1999, by section 7 Stamp Duty Abolition Act 1999 (1999 No 61). Section 47 was inserted, as from 1 June 2002, by section 41 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11). Subsections (1) and (2) were amended, as from 17 May 2005, by section 5 Land Transfer Amendment Act 2005 (2005 No 58) by substituting the word “ registry ” for the word “ transfer ” wherever it appears.