Part 2Land title and registration
Land title register: Instruments
37Rejection and requisition of instruments
An instrument lodged for registration or notation that does not comply with section 26 may, together with any instruments lodged with it,—
- be rejected and returned to the person who lodged them or, if the instruments cannot be returned to that person, to a person who the Registrar considers is the appropriate person to receive them; or
- be retained by the Registrar for correction (otherwise known as being requisitioned).
The Registrar must give a notice to the person who lodged the instrument—
- that states that the instrument has been rejected under subsection (1)(a); or
- that states that the instrument has been retained under subsection (1)(b) and that specifies a time by which the instrument must be corrected.
A notice under subsection (2) must state the reasons for rejecting or retaining the instrument.
If an instrument retained under subsection (1)(b) is not corrected within the specified time, the Registrar may—
- refuse to register or note the instrument and any instruments lodged with it; and
- return the instrument and any instruments lodged with it to the person who lodged them or, if the instruments cannot be returned to that person, to a person who the Registrar considers is the appropriate person to receive them.
If an instrument is returned under subsection (1)(a) or (4)(b), the Registrar may retain any fees paid to the Registrar.
Fees retained by the Registrar under subsection (5) are forfeited to the Crown.
An instrument that is returned under subsection (1)(a) or (4)(b) must be treated as never having been lodged for registration or notation.

