Electronic Conveyancing National Law - Client Authorisation Form
Submission Date: 14 February 2013
The Law Council of Australia provided a submission to the Australian Registrars National Electronic Conveyancing Council (ARNECC) regarding the Client Authorisation Form (the Authorisation) contained in Schedule 4 of the draft Model Participation Rules (the Participation Rules) for electronic conveyancing.1
ARNECC has been established pursuant to an Intergovernmental Agreement for an Electronic Conveyancing National Law (the IGA), which provides for participating States and Territories to cooperate in the implementation of a national electronic conveyancing system.2 ARNECC has been responsible for facilitating the drafting of the Electronic Conveyancing National Law (the National Law) and its passage in New South Wales, which was selected as the host jurisdiction.3 The Law Council understands that other participating jurisdictions will enact legislation applying the National Law or corresponding to the National Law.4
The National Law provides for State and Territory Land Titles Registrars (the Registrars) to determine Operating Requirements and Participation Rules in each jurisdiction. In determining these requirements, Registrars are to have regard to the Model Operating Requirements and Participation Rules agreed by ARNECC.
The Operating Requirements regulate the relationship between an Electronic Lodgement Network Operator (the Operator) and the relevant Registrar. The Participation Rules regulate the relationship between an Operator and a subscriber. Legal practitioners who wish to participate in electronic settlement of conveyancing transactions and electronic lodgement of relevant Land Titles Registry instruments (registry instruments) will be subscribers. Other subscribers are anticipated to be licensed conveyancers and financial institutions. Some subscribers, such as legal practitioners and licensed conveyancers will be representative subscribers who act on behalf of clients.
1 See http://www.arnecc.gov.au/__data/assets/pdf_file/0005/175415/121012_Model_Participation_Rules_- _MPR.pdf
2 See Intergovernmental Agreement for an Electronic Conveyancing National Law, available at http://www.arnecc.gov.au/__data/assets/pdf_file/0009/173907/IGA_for_an_Electronic_Conveyancing_National _Law.pdf
3 See http://www.austlii.edu.au/au/legis/nsw/consol_act/econla2012451/; see also http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/A843B43E984F7EA8CA257A99001EA2C1
4 The National Law has been introduced in the Queensland and Victorian Parliaments, see http://www.legislation.qld.gov.au/Bills/54PDF/2012/EConvNLQB12E.pdf; and http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da40083 7f6b/c3903f30228b972fca257ab600121526/$FILE/571033exi1.pdf
Last Updated on 30/04/2025
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