South Australian Consolidated Acts South Australian Consolidated Acts41A—Registration of charges on land
(1) Where there is,
under section 41, a charge on land in favour of the board, the board may
deliver to the Registrar-General notice, in a form determined by the
Registrar-General, setting out the amount of the charge and the land subject
to the charge.
(2) On receipt of a
notice under subsection (1), the Registrar-General must, in relation to
any land referred to in the notice, enter a note of the charge against the
relevant instrument of title or, in the case of land not under the provisions
of the Real Property Act 1886 , against the land.
(3) Where a note of a
charge is entered under this section and default is made (whether before or
after the making of that entry) in the payment of an amount to which the
charge relates, the board has the same powers in respect of the land charged
as are given by the Real Property Act 1886 to a mortgagee under a
mortgage in respect of which default has been made in the payment of money
secured by the mortgage.
(4) The board must, if
the amount to which the charge relates is paid or otherwise ceases to be
payable, by notice to the Registrar-General in a form determined by the
Registrar-General, apply for the discharge of the charge.
(5) The
Registrar-General must then cancel the relevant entry.
(6) Unless the board
otherwise determines, any fee or duty payable by the board in connection with
a charge under this section—
(a) will
be recoverable by the board from the person whose land is subject to the
charge; and
(b) will
be added to the amount to which the charge relates.
(7) This section and
section 41 apply notwithstanding the provisions of the Real Property
Act 1886 .
(8) In this
section—
"Registrar-General" includes the Registrar-General of Deeds.