Part 1Preliminary provisions
6Meaning of fraud
For the purpose of this Act, other than subpart 3 of Part 2, fraud means forgery or other dishonest conduct by the registered owner or the registered owner's agent in acquiring a registered estate or interest in land.
For the purposes of subsection (1), the fraud must be against—
- the registered owner of an estate or interest in land; or
- the owner of an unregistered interest, if the registered owner or registered owner's agent,—
- in acquiring the estate or interest had actual knowledge of, or was wilfully blind to, the existence of the unregistered interest; and
- intended at the time of registration of the estate or interest that the registration would defeat the unregistered interest.
- in acquiring the estate or interest had actual knowledge of, or was wilfully blind to, the existence of the unregistered interest; and
For the purpose of subpart 3 of Part 2, fraud means forgery or other dishonest conduct by any person.
The equitable doctrine of constructive notice does not apply for the purposes of deciding whether conduct is fraudulent.


