Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
“caveat” means a caveat lodged
under —
(a) the
Transfer of Land Act 1893 Part V; or
(b) the
Mining Act 1978 ;
"registrar" means the Registrar of Titles or a
mining registrar as defined in the Mining Act 1978 section 8(1) (as
the case requires).
(2) If a caveat
relates to a dutiable transaction, the registrar must reject the caveat unless
the registrar is satisfied, on evidence provided by the person lodging the
caveat —
(a) that
the transaction has been duty endorsed; or
(b) that
a transaction record for the transaction has been lodged for duty endorsement
in accordance with section 23.
Penalty: a fine of $20 000.
(3) It is a defence to
a charge of an offence under subsection (2) to prove that the accused
person did not know and could not reasonably have been expected to have known
that the caveat related to a dutiable transaction.
(4) If a caveat
relates to a transaction that is not a dutiable transaction, the registrar may
reject the caveat unless when it is lodged it is accompanied by a statutory
declaration —
(a)
stating that the transaction is not a dutiable transaction; and
(b)
setting out why the transaction is not a dutiable transaction (including
reference to any relevant provisions of a duties Act).