Western Australian Current Acts Western Australian Current Acts (1) When a memorial is
lodged under this Act with the Registrar of Titles, the Registrar is to
register the memorial.
(2) When a memorial of
the confiscation of registrable real property is lodged under section 31(1)
then, in addition to registering the memorial, the Registrar of Titles is to
—
(a)
register the State of Western Australia as the proprietor of the property; and
(b)
endorse the certificate of title of the property to the effect that, when the
memorial was registered, the property ceased to be subject to or affected by
any interests recorded on the certificate of title, including caveats,
mortgages, charges, obligations and estates (except rights-of-way, easements
and restrictive covenants) to which it was subject immediately before the
registration of the memorial, or by which it was affected immediately before
the registration of the memorial.
(3) The Registrar of
Titles may dispense with the production of any duplicate instrument for the
purposes of entering on the duplicate instrument any memorandum that would,
but for this subsection, be required to be entered under the
Transfer of Land Act 1893 as a result of registering a memorial under this Act
or of doing anything else required or permitted by this Act.
(4) If, under
subsection (3), the Registrar of Titles dispenses with the production of a
duplicate instrument —
(a) the
Registrar must endorse the certificate of title to the effect that the
memorandum concerned has not been entered on the duplicate instrument; and
(b) any
subsequent dealing in the property has effect as if the memorandum had been
entered on the duplicate instrument.
[(5) deleted]
(6) The Registrar of
Titles is not required to obtain the consent or direction of the Commissioner
of Titles to perform a function conferred on the Registrar under this Act.
(7) To the extent that
a provision of this Act relating to registrable real property is inconsistent
with the Transfer of Land Act 1893 , the provision of this Act prevails, but
this Act does not otherwise affect the operation of the
Transfer of Land Act 1893 in relation to registrable real property dealt with
under this Act.
(8) Nothing in this
Act prevents a person from lodging with the Registrar of Titles —
(a) a
caveat relating to frozen registrable real property; or
(b) an
instrument relating to a dealing or purported dealing in registrable real
property that is frozen at the time that the instrument is lodged; or
(c) an
instrument relating to a dealing or purported dealing in registrable real
property that was frozen at the time that the dealing or purported dealing was
carried out.
(9) Nothing in this
Act prevents the Registrar of Titles from —
(a)
giving notice to a person that a caveat has been lodged in relation to frozen
registrable real property; or
(b)
accepting an instrument relating to a dealing or purported dealing in
registrable real property that is frozen at the time that the instrument is
lodged; or
(c)
accepting a memorial of a dealing or purported dealing in registrable real
property that was frozen at the time that the dealing or purported dealing was
carried out.
(10) However, despite
any other law in force in Western Australia, if an instrument (other than a
memorial lodged under this Act) is lodged or registered in relation to frozen
registrable real property —
(a) the
instrument and its lodgement or registration have no effect, at law, in equity
or otherwise, while the freezing notice or freezing order is in force; and
(b) if
the freezing notice or freezing order ceases to be in force, and the property
is not confiscated, then the memorial, and its lodgement or registration (if
any), have effect as if the property had not been frozen at the time that the
instrument was lodged or registered, or at the time that the dealing or
purported dealing to which the instrument relates was carried out.
[Section 113 amended: No. 21 of 2022 s. 51.]