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LAND TITLE ACT 1994 - SECT 35
Entitlement to search register
35 Entitlement to search register
(1) A person may, on payment of the relevant titles registry fee— (a) search
and obtain a copy of— (i) the indefeasible title of a lot; or
(ii) a
registered instrument; or
(iii) an instrument that has been lodged but is not
registered (whether or not it has been cancelled); or
(iv) information kept
under this Act; and
(b) obtain a copy of the indefeasible title of a lot, or
a registered instrument, certified by the registrar to be an accurate copy.
(2) Subsection (1) (a) (iii) does not apply to an instrument that has been
destroyed by the registrar.
(3) A search under subsection (1) may be carried
out at, or a copy mentioned in subsection (1) obtained from, an office of the
land registry during office hours on a day the office is open for business.
(4) Also, a search under subsection (1) may be carried out by, or a copy
mentioned in subsection (1) obtained from, an entity engaged by the registrar
for allowing persons to search the land registry or obtain copies of
indefeasible titles, registered or other instruments, or information, kept in
the registry.
(5) The registrar may allow a person to carry out a search
under subsection (1) (a) for— (a) only part of an indefeasible title for a
lot; or
(b) only part of an instrument; or
(c) only part of the information
about an instrument.
(6) The registrar may enter into an arrangement with a
department allowing the department to carry out a search, or obtain a copy,
under this section without payment of the fee mentioned in subsection (1) .
(7) However, the registrar may enter into an arrangement under subsection (6)
only if the registrar is reasonably satisfied the information obtained from
the search or the copy will not be— (a) used for a commercial purpose,
including, for example, the marketing or sale of the information or other
information; or
(b) included in another database of information, in any form,
other than with approval from the registrar.
(8) If the registrar delegates
the registrar’s functions of keeping the land registry to the titles
registry operator, subsections (4) , (6) and (7) apply as if each reference to
the registrar were a reference to the operator.
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