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Part 2Land title and registration
Land title register: Access to register

41Registrar may withhold information for person’s safety

  1. The Registrar may do the following during any withholding period granted to a person under this section:

  2. refuse to provide under section 40 a copy of an instrument or a record of title that names or contains identifying information about the person:
    1. prevent the name of the person, or identifying information about the person, from being included in any part of the register that is made available to the public.

      1. The Registrar must, on application by a person under section 42, decide whether to grant a withholding period to the person.

      2. The Registrar must grant the withholding period if satisfied that the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family.

      3. The Registrar must, as soon as is reasonably practicable after making the decision, give notice to the person of—

      4. the decision; and
        1. the date of the decision; and
          1. if the withholding period is not granted, the reasons for the decision.

            1. A withholding period for a person starts on the date on which the Registrar decides to grant it.

            2. A withholding period for a person ends 5 years after it starts or on any earlier date on which the Registrar decides to end the period.

            3. The Registrar must decide to end the withholding period if he or she—

            4. receives the person’s application to end the withholding period; or
              1. becomes aware and is satisfied that the basis for granting the withholding period no longer exists (for example, because an order has ceased to have effect or because the person has died and the safety of the person’s family is not prejudiced).

                1. The Registrar must, as soon as is reasonably practicable after making a decision to end a withholding period for a person under subsection (7)(b), give notice to the person of—

                2. the decision; and
                  1. the date of the decision; and
                    1. the reasons for the decision.

                      1. The fact that a withholding period has ended does not prevent the Registrar from deciding to grant another withholding period on the same evidential basis.

                      2. This section overrides any requirements of this Act that relate to the register.