Section 44 — Property Law Act 2007: Certain instruments authorise payment to practitioner instead of party for whom practitioner acts

44 Certain instruments authorise payment to practitioner instead of party for whom practitioner acts (1) This subsection applies to an electronic instrument— (a) prepared for registration after payment of money or the giving of other consideration for a contract; and (b) that contains a certification that complies with section 164A(3) of the Land Transfer Act 1952; but (c) only if that certification is given by a practitioner acting for the party who, under that contract, is entitled to give a receipt for the payment of that money or the giving of that other consideration. (2) On the production, through an electronic workspace facility, of an electronic instrument to which subsection (1) applies, the person liable under the contract to pay or give the money or other consideration may, without further authority than the instrument, pay or give the money or other consideration to the practitioner who gave the certification. (3) This subsection applies to a paper instrument— (a) that contains, or has written on it, a receipt for the payment of money or the giving of other consideration for a contract; but (b) only if that instrument or receipt is signed by a person entitled to give a receipt for the payment of that money or the giving of that other consideration. (4) On the production by a practitioner of an instrument to which subsection (3) applies, the person liable to pay the money or give the other consideration referred to in the receipt may, without further authority than the instrument, pay or give to the practitioner that money or consideration. (5) In this section,— electronic instrument and electronic workspace facility have the same meanings as in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 paper instrument has the same meaning as in section 2 of the Land Transfer Act 1952 practitioner means— (a) a practitioner as defined in section 6 of the Lawyers and Conveyancers Act 2006; or (b) a landbroker licensed by the Registrar-General under section 229 of the Land Transfer Act 1952. Compare: 1952 No 51 s 56