Electronic Conveyancing National Law (NSW)

Electronic Conveyancing National Law (NSW) No 88a of 2012

Editorial note— The Electronic Conveyancing National Law is applied as a law of NSW by the NSW Electronic Conveyancing (Adoption of National Law) Act 2012. This version is the Law as it applies in NSW.

Part 1 Preliminary

1 Short title This Law may be cited as the Electronic Conveyancing National Law (NSW).

2 Commencement This Law commences in a participating jurisdiction as provided by the application law of that jurisdiction.

3 Definitions (1) In this Law— another registrar means a person who is a Registrar as defined in the application law of another participating jurisdiction. application law means a law of a participating jurisdiction that— (a) applies this Law, either with or without modifications, as a law of the participating jurisdiction, or (b) is a corresponding law. ARNECC means the Australian Registrars' National Electronic Conveyancing Council established by the Intergovernmental Agreement. associated financial transaction means a transaction of a financial nature that is associated with a conveyancing transaction.

Examples

1 The payment of the purchase price for the sale and purchase of an interest in land.

2 The advancing of money in return for the granting of a mortgage or charge over an interest in land.

3 The payment of any tax, duty (for example, stamp duty), fee or charge payable in respect of the conveyancing transaction. client authorisation has the meaning given in section 10. compliance examination has the meaning given in section 33. conveyancing transaction means a transaction that involves one or more parties and the purpose of which is— (a) to create, transfer, dispose of, mortgage, charge, lease or deal with in any other way an estate or interest in land, or (b) to get something registered, noted or recorded in the titles register, or (c) to get the registration, note or record of something in the titles register changed, withdrawn or removed. corresponding law— (a) means a law of a jurisdiction that corresponds to this Law, and (b) includes a law of a jurisdiction that is prescribed by regulations made under a law of this jurisdiction as a corresponding law. digital signature means encrypted electronic data intended for the exclusive use of a particular person as a means of identifying that person as the sender of an electronic communication or the signer of a document. digitally sign, in relation to an electronic communication or a document, means create a digital signature for the communication or document. ELN means Electronic Lodgment Network—see section 13. ELNO means Electronic Lodgment Network Operator—see section 15. Intergovernmental Agreement means the Intergovernmental Agreement for a National Electronic Conveyancing Law between the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania and the Northern Territory of Australia, that came into operation on 21 November 2011 and as in force from time to time. interoperability means the interworking of ELNs operated by ELNOs in a way that enables— (a) a subscriber using an ELN (the first subscriber) to complete a conveyancing transaction that involves a subscriber using another ELN without the first subscriber having to be a subscriber to the other ELN, and (b) the preparation of a registry instrument or other document in electronic form using data from different ELNs. interoperability requirement means the requirement set out in section 18A(1). jurisdiction means State. land titles legislation, for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction. law, in relation to a Territory, means a law of, or in force in, that Territory. law of this jurisdiction includes the principles and rules of common law and equity to the extent that they have effect in this jurisdiction from time to time. lodge includes deposit, present and file. operating requirements means the requirements determined under section 22. participating jurisdiction means a jurisdiction that is a party to the Intergovernmental Agreement and in which— (a) this Law applies as a law of the jurisdiction, either with or without modifications, or (b) there is a corresponding law. participation agreement, in relation to an ELN, means— (a) if an ELNO provides and operates the ELN, an agreement between the ELNO and another person under which the other person is authorised to use that ELN, or (b) if the Registrar provides and operates the ELN, an agreement between the Registrar and another person under which the other person is authorised to use that ELN. participation rules means the rules determined under section 23. Registrar, for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction. registry instrument, for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction. responsible tribunal, for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction. State includes a Territory. subscriber means a person who is authorised under a participation agreement to use an ELN to complete conveyancing transactions on behalf of another person or on their own behalf. Territory means the Australian Capital Territory or the Northern Territory of Australia. titles register, for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction. (2) A term used in this Law or a statutory instrument and also in the land titles legislation has the same meaning in this Law or the statutory instrument as it has in that legislation, unless the term is defined in this Law or the statutory instrument or the context requires otherwise.