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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 land 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(Victoria) took effect in Victoria in 2013.
Model Operating Requirements and Operating Requirements
Under the ECNL, Electronic Lodgment Network Operators are required to comply with Operating Requirements (OR). In accordance with s22 of the ECNL, the Registrar determines the OR based on the Model Operating Requirements (MOR) developed by ARNECC.
Model Participation Rules and Participation Rules
Under ECNL, Subscribers (users of an Electronic Lodgment Network) are required to comply with Participation Rules (PR). In accordance with s23 of the ECNL, the Registrar determines the PR based on the Model Participation Rules (MPR) developed by ARNECC.
ARNECC provides 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 the verification of a person’s identity 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 verification of a person’s entitlement to be a party to a conveyancing transaction.
- Retention of Evidence – is retention of evidence supporting a conveyancing transaction.
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 conveyancing transactions. The Requirements include direction as to which instruments must be lodged electronically, see 100% electronic lodgment program
Audit and compliance program
Land Use Victoria follows a nationally consistent Subscriber Compliance Program approved by ARNECC. The program asks subscribers to provide evidence of compliance with obligations under the PR. Subscribers are obliged to comply with the compliance examination under both the ECNL and the PR.
ARNECC provides a guidance note on compliance examinations.
Page last updated: 18/12/20