Tasmanian Numbered Acts

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DUTIES ACT 2001 (NO. 15 OF 2001) - SECT 159

159. Stamping counterpart or collateral instrument if mortgage is lost, destroyed or cannot be produced

      (1) A counterpart of a mortgage or a collateral security for an amount secured by a mortgage is taken to be the mortgage and may accordingly be stamped or upstamped for mortgage duty purposes if, on application by or on behalf of a person who is a party to the mortgage, the Commissioner is satisfied that –

(a) the mortgage has been lost or destroyed; or

(b) because of being deposited with the Recorder of Titles or from other reasonable cause, the mortgage cannot conveniently be produced.

      (2) For the purposes of subsection (1), a reproduction of a mortgage or a collateral security for an amount secured by a mortgage is taken to be a counterpart of that mortgage if it is purported to be signed by the Recorder of Titles.

      (3) In this section,

"reproduction" has the same meaning as in section 68A of the Evidence Act 1910 .


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