Electronic Conveyancing Enforcement Act 2022 (NSW)

Electronic Conveyancing Enforcement Act 2022 No 62

An Act to provide for the enforcement of the Electronic Conveyancing National Law (NSW); and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Electronic Conveyancing Enforcement Act 2022.

2 Commencement This Act commences on the date of assent to this Act.

3 Object of Act The object of this Act is to promote compliance with the Electronic Conveyancing National Law (NSW) by establishing mechanisms for the enforcement of the Law.

4 Definitions (1) In this Act— enforceable undertaking—see section 5. enforcement order—see section 16(1). enforcement provision means— (a) the Electronic Conveyancing National Law (NSW), section 18A, or (b) the Electronic Conveyancing National Law (NSW), section 34, or (c) a requirement of a remedial direction or an interim remedial direction. interim remedial direction—see section 11(1). remedial direction—see section 10(1).

Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Words and expressions used in this Act and also in the Electronic Conveyancing National Law (NSW) have the same meanings as in the Law.

Part 2 Enforcement of Electronic Conveyancing National Law (NSW)

Division 1 Enforceable undertakings

5 Registrar may accept undertakings The Registrar may accept a written undertaking (an enforceable undertaking) given by an ELNO if the Registrar reasonably believes the ELNO is contravening, has contravened or is about to contravene— (a) a provision of the Electronic Conveyancing National Law (NSW), or (b) a provision of the operating requirements, or (c) a condition of the approval under the Electronic Conveyancing National Law (NSW), section 15 to which the ELNO is subject.