Real Property Act 1900 No 25
Historical version for 1 July 2009 to 5 July 2009 (accessed 25 May 2013 at 12:13) Current version
Part 17

Part 17 Criminal provisions

141   Certain fraudulent acts to be deemed indictable offences

(1)  If any person:
(a)  fraudulently procures, assists in fraudulently procuring or is privy to the fraudulent procuring of:
(i)  the creation of a folio of the Register,
(ii)  the issue or delivery of a certificate of title,
(iii)  a recording in the Register, or
(iv)  any alteration in any instrument or form issued by the Registrar-General,
(b)  fraudulently uses, assists in fraudulently using, or is privy to the fraudulent using of any form purporting to be issued or sanctioned by the Registrar-General, or
(c)  knowingly misleads or deceives any person hereinbefore authorised to demand explanation or information in respect to any land or the title to any land which is the subject of any application to bring the same under the provisions of this Act, or in respect to which any dealing is proposed to be registered or recorded,
      he or she shall be guilty of an indictable offence, and shall incur a penalty not exceeding 10 penalty units, or may, at the discretion of the Court before whom the case may be tried, be imprisoned for any period not exceeding three years.
(2)  Any folio of the Register, certificate of title, recording or alteration the creation of which, issue or delivery of which or the making of which, as the case may be, has been procured by fraud shall be void as between all parties or privies to the fraud.

142   Conviction not to affect civil remedy

No proceeding or conviction of an indictable offence against this Act shall affect any remedy which any person aggrieved or injured by the offence may be entitled to at law or in equity against the person who has committed the offence or against the estate of the person who has committed the offence.

143   Prosecutions and recovery of penalties

Except in any case herein otherwise expressly provided, all offences against the provisions of this Act may be prosecuted, and all penalties or sums of money imposed or declared to be due or owing by or under the provisions of the same may be sued for and recovered in the name of the Attorney or Solicitor General before any Court having jurisdiction for punishment of offences of the like nature or for the recovery of penalties or sums of money of the like amount.
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