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Registration of Deeds Regulations 2002

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Registration of Deeds Act 1935 .

25 November 2002

G. S. M. Green

Governor

By His Excellency's Command,

Bryan Green

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1. Short title

These regulations may be cited as the Registration of Deeds Regulations 2002 .

2. Commencement

These regulations take effect on 1 January 2003.

3. Interpretation

(1) In these regulations –
Act means the Registration of Deeds Act 1935 ;
document includes any will, letters of administration, judgment, memorandum of lis pendens, instrument or other writing required or permitted by any Act or these regulations to be –
(a) lodged with, registered by or otherwise dealt with by the Registrar; or
(b) served on the Registrar;
photographic means means photocopying, faxing, scanning or another process that produces, whether in paper or electronic form, an exact copy of a document.

(2) In these regulations, a reference to a form by number is a reference to the form of that number in Schedule 1 .

PART 2 - Registration of Documents

4. General requirements for documents

(1) A document for registration –
(a) is to be an original document; and
(b) is to be printed in permanent black or blue ink; and
(c) is to be clear and legible, especially as regards signatures, seals and plans; and
(d) is to be capable of reproduction by photographic means; and
(e) is to be free from discolouration and blemishes; and
(f) is to be on white or cream paper that is 297 millimetres long and 210 millimetres wide; and
(g) is to have each of its pages sequentially numbered so as to indicate the total number of pages in the document, with each such page number being placed above any writing, printing or plan on the page; and
(h) is to contain the full name, address and occupation of any witness to the document; and
(i) is to be stapled or pinned together only; and
(j) is to be printed on only one side of the page.

(2) Information which forms part of the document and is intended to be in addition to, or inserted in, the document must be annexed to the document and –
(a) is to be the same size and form as the document; and
(b) is to be referred to, and identifiable as the annexure referred to, in the document; and
(c) is to be signed or sealed by the parties; and
(d) is to be stapled or pinned to the document.

(3) For the purposes of numbering the pages of a document under this regulation, a document is taken to include any annexure to that document.

5. Form of applications

(1) An application for registration must be in accordance with –
(a) Form 1 for a document not otherwise specified in this subregulation; or
(b) Form 2 for a judgment; or
(c) Form 3 for a will or letters of administration; or
(d) Form 4 for a certificate of satisfaction of a mortgage; or
(e) Form 5 for a certificate of satisfaction of a judgment; or
(f) Form 6 for a lis pendens; or
(g) Form 7 to vacate a lis pendens.

(2) An application for registration made in accordance with Form 1 or Form 3 must be accompanied by the document to which that application relates.

(3) An application for registration is to be accompanied by a lodgment form approved by the Recorder, with each part being clearly legible.

(4) Where more than one document forms a registrable transaction, a single lodgment form, accompanied by all the documents, may be used.

6. Registrar must accept documents

(1) The Registrar must accept a document for lodgment or registration that was executed before the commencement of these regulations if, apart from the requirements as to size prescribed by regulation 4(1)(f) , it complies with these regulations.

(2) The Registrar must refuse to accept a document for lodgment or registration if it appears to the Registrar that the Duties Act 2001 has not been complied with in respect of that document.

7. Registry records

For the purposes of section 12(3)(c) of the Act, the record of an application for registration is a copy, made by photographic means, of –
(a) the application; and
(b) all the documents lodged with the application.

8. Prescribed form of letters patent

A memorial of a grant by letters patent under section 10(3) of the Land Titles Act 1980 must be in the form of a full copy of the letters patent together with an endorsement on the memorial of a plan, if any, which describes the land affected.

PART 3 - Miscellaneous

9. Index of registered documents

(1) For the purposes of section 13 of the Act, all documents registered under the Act are to be indexed against the name of each person who appears from the documents to be –
(a) in the case of a document not otherwise specified in this subregulation, a party to the document; and
(b) in the case of a judgment, a party to the proceedings in which the judgment was given; and
(c) in the case of a will, the testator or a person proving the will in this State; and
(d) in the case of letters of administration, the deceased person or a person to whom administration is granted in this State; and
(e) in the case of a certificate of satisfaction of a judgment, a person against whom the judgment is registered or the person to whom money is payable by reason of the judgment; and
(f) in the case of a certificate of satisfaction of a mortgage, a mortgagor or mortgagee; and
(g) in the case of a memorandum of, or an application to vacate, a lis pendens, a person whose land or estate is intended to be affected by that memorandum or application.

(2) An entry in the index is to include –
(a) the nature of the document to which the entry relates; and
(b) the number for the purposes of section 12(3)(a) of the Act; and
(c) the date of registration; and
(d) where the application contains a description of land to be affected, so much of the description as the Registrar determines to be appropriate.

(3) The Registrar is to –
(a) list an entry in the index in alphabetical order of surname; and
(b) if the surname consists of more than one name or the Registrar is uncertain which name is the surname, determine which name is to be used as the surname.

(4) The Registrar may use a code or abbreviation in an entry in the index.

10. Copies requested by the public

For section 43A(2) of the Act, a copy is taken to include a copy of the application for registration, unless the person making the application under that section informs the Registrar that a copy of the application is not required.