SANCTIONS

The Amendment Act 2002 imposed two kinds of sanctions if a conveyancer is found to be acting improperly in the system.

Section 225 of the Land Transfer Act 1952 has been amended to introduce new criminal sanctions.

Section 225 now provides:

(1) Every person commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or to a fine not exceeding [$1,000], who -
(a) ...
(ab) Fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procurement of-
(i) the recording, lodgement, presentation, or registration of any information, instrument, matter or thing under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; or
(ii) The deletion or alteration of any information, matter, or thing recorded under that Act; or
(b) ...
(c) ...
(d) knowingly or recklessly gives a certificate under section 164A that contains an incorrect material particular.

In addition, the Registrar may revoke a person's right to give a certification under section 164A if he or she believes on reasonable grounds the person has done one of the things specified in section 164B(2).