Intergovernmental Agreement (IGA)
The basis of the regulatory framework for National Electronic Conveyancing in Australia is an Intergovernmental Agreement (IGA) enacted in 2011 by the governments of the six states and the Northern Territory and known as the Electronic Conveyancing National Law Agreement.
Australian Registrars' National Electronic Conveyancing Council (ARNECC)
The Intergovernmental Agreement (IGA) established the Australian Registrars' National Electronic Conveyancing Council (ARNECC) which facilitates the implementation and ongoing management of the regulatory framework for electronic conveyancing of real property in Australia.
Electronic Conveyancing National Law (ECNL)
The Electronic Conveyancing National Law (ECNL) governs the provision and operation of electronic conveyancing in Australia. It is implemented by separate legislation in each state and territory. The ECNL took effect in Victoria in 2013.
Model Operating Requirements (MOR) & Operating Requirements (OR)
Under the Electronic Conveyancing National Law (ECNL), Electronic Lodgment Network Operators (ELNOs) are required to comply with Operating Requirements (OR). In accordance with s22 of the ECNL, the Registrar determined the OR based upon the Model Operating Requirements developed by ARNECC.
Model Participation Rules (MPR) & Participation Rules (PR)
Under the Electronic Conveyancing National Law (ECNL), Subscribers are required to comply with Participation Rules (PR). In accordance with s23 of the ECNL, the Registrar determined the PRs based upon the Model Participation Rules (MPR) developed by ARNECC.
ARNECC provide guidance notes for the following aspects of the MPR:
- Client Authorisation – a document that enables a party to a transaction (the client) to authorise a conveyancer or lawyer to act on their behalf in that transaction.
- Verification of Identity – is a process carried out to ensure that a person is who they claim to be.
- Certifications – are statements made by a Subscriber that they have undertaken a specific action.
- Right to Deal – is the entitlement of a person to be a particular party to a conveyancing transaction.
- Retention of Evidence – is evidence supporting a conveyancing transaction including storage of that evidence.
Registrar’s Requirements for Paper Conveyancing Transactions
Under section 106A of the Transfer of Land Act 1958 the Registrar of Titles determines requirements for paper transactions. The Requirements include direction as to what Instrument types must be lodged in an ELN.
Audit and compliance program
An audit and compliance program has been introduced in Victoria in line with the national guidelines published by ARNECC. The program asks subscribers to provide evidence on dealings. Subscribers are obliged to comply with the compliance examination under the Participation Rules.
Page last updated: 30/05/19