COMPLIANCE REVIEW

Section 39 of the Amendment Act 2002 introduces specific duties for the Registrar-General of Land and his delegates.

The Registrar is required to have regard to the following objectives:

1. ensuring an efficient and effective system for registering dealings in land
2. managing the risk of fraud and improper dealings
3. ensuring public confidence in the land titles syste
4. ensuring the maintenance of the integrity of the register and the right to claim compensation under Part XI [of the principal Act]

To assist in achieving these objectives, the Registrar has new powers of investigation in relation to electronic instruments.

Section 164C(3) provides:

The Registrar may require a person who has given a certification to do either or both of the following:

1. produce to him or her the evidence referred to in sub-section (1):
2. provide a statement on oath as to -
   1. any further information required by the Registrar; or
   2. the circumstances surrounding the preparation and electronic transmission of any instrument.

When the Registrar exercises this power, the request must be complied with within 10 working days of receiving it (section 164C(4)).

This evidence is required by the Registrar to fulfil his or her obligations under section 164B.

The Registrar may revoke a person's right to give certifications if he or she "believes on reasonable grounds that the person-

1. has given a fraudulent certification; or
2. has given a certification that is materially incorrect; or
3. has failed to comply with any requirement under section 164C."

In order to form a belief on reasonable grounds the Registrar requires information. The Registrar will be using the powers in section 164C(3) to obtain that further information.

Charges may attach for the work the Registrar must undertake to compliance review transactions. Schedule 5 of the Land Transfer Regulations imposes new charges for this work. The conveyancer from whom the information is sought is required to pay the following charges:

There is no charge for examining evidence produced under section 164C(3)(a) when that evidence complies with section 164C(2) and no further action is required by the Registrar.

However, when the Registrar finds that the evidence produced does not meet the requirements of the Act or a statement under section 164(3)(b) is required, the conveyancer concerned is required to pay $130 per hour (inc. GST), plus reasonable disbursements. This charge relates to the work that the Registrar must undertake in order to assess the statement and in deciding whether or not to exercise his or her discretion under section 164B(2).

Intitial Compliance Review
Follow-up Compliance Reviews