• PART 17 PART 17 POWERS OF AND PROCEEDINGS AGAINST THE REGISTRAR

    • Chapter 1 Chapter 1 Powers

      • 128. General powers of the Registrar

        The Registrar has the power to do whatever the Registrar determines necessary to carry out his or her functions under these Regulations.

      • 129. The Registrar may correct Register

        (1) The Registrar may correct the Register if it determines that —
        (a) the Register is incorrect; and
        (b) the correction will not prejudice the rights of a registered owner or any other person.
        (2) The Register as corrected by the Registrar has the same effect as if the error had not been made.
        (3) For the purposes of subsection (1)(b), the rights of a registered owner are not prejudiced if the registered owner acquired or has dealt with a registered interest with actual or constructive knowledge that the Register was incorrect.
        (4) Before taking action under this section, the Registrar may give notice of the proposed action to any person to whom the Registrar determines prior notice should be given. However, no action lies against the Registrar for failure to give notice.

      • 130. The Registrar may prepare and lodge caveat

        (1) The Registrar may prepare and lodge a caveat over a lot —
        (a) to prevent a dealing that, in the Registrar's opinion, may prejudice a person who has an interest in the lot; or
        (b) to give effect to a Court order directed to the Registrar; or
        (c) whenever the Registrar determines it appropriate to do so to protect the integrity of the Register.
        (2) The caveat may be in the form the Registrar determines appropriate.

      • 131. The Registrar may state a case

        (1) Whenever a question arises concerning the performance of the Registrar's duties or the exercise of the Registrar's functions, the Registrar may state a case for the opinion of the Court.
        (2) The Court's decision binds the Registrar and any other parties to the case.

      • 132. Payment of certain fees to the Registrar

        The Board may make rules requiring the payment of certain fees to the Registrar, as described in section143. The Registrar shall pay the fees and charges into the funds of the Board.

      • 133. The Registrar may approve forms

        The Registrar may approve forms for use under these Regulations.

    • Chapter 2 Chapter 2 Proceedings against Registrar

      • 134. The Registrar may be summoned for refusal to perform duty

        (1) A person who determines that the Registrar has refused to perform a duty under these Regulations may require the Registrar to state in writing the grounds of the refusal.
        (2) The Registrar shall state the grounds within 30 days of receiving the request.
        (3) On receiving the grounds, or if no grounds are received within the 30 days, the person may commence proceedings against the Registrar to substantiate those grounds or the refusal.
        (4) The Court may make the order it determines appropriate, and may give any directions it determines necessary for performance of the order.
        (5) The Court may make the order as to costs and expenses it thinks appropriate.