Queensland Consolidated Acts

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LAND TITLE ACT 1994 - SECT 159

159 Withdrawing lodged instrument before registration

(1) If the registrar is satisfied that the order in which an instrument has been lodged in relation to other instruments is such that the instrument will not give effect to the intention expressed in it or a related instrument, or is an instrument that should not have been lodged, the registrar may—

(a) withdraw the instrument; or
(b) permit the instrument to be withdrawn.

(2) An instrument that is withdrawn by the registrar under subsection (1) remains in the land registry, unless the instrument is an instrument that should not have been lodged.

(3) The registrar may relodge an instrument that has been withdrawn by the registrar.

(4) On receiving a written application, the registrar may relodge an instrument that the registrar has permitted to be withdrawn.

(5) An instrument withdrawn under subsection (1) loses its priority and is taken to have been lodged on the date and at the time endorsed on it by the registrar at the time of its relodgement.

(6) Subsection (5) does not apply to a plan of subdivision mentioned in section 53.



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