{"id":"nsw:act-2012-088","name":"Electronic Conveyancing (Adoption of National Law) Act 2012","slug":"electronic-conveyancing-adoption-of-national-law-act-2012","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"88 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30216,"registerId":"nsw-act-2012-088-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Electronic Conveyancing (Adoption of National Law) Act 2012](/view/html/inforce/current/act-2012-088).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on a day or days to be appointed by proclamation.\n> \n> > (2) Different days may be appointed under subsection (1) for the commencement of different provisions of the Electronic Conveyancing National Law.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Electronic Conveyancing National Law set out in the Appendix.\n> \n> > (2) In the local application provisions of this Act—\n> > \n> > Electronic Conveyancing National Law (NSW) means the provisions applying in this jurisdiction because of section 4.\n> > \n> > this jurisdiction means the State of New South Wales.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (3) Terms used in the local application provisions of this Act and also in the Electronic Conveyancing National Law have the same meanings in those provisions as they have in that Law.\n> \n> > (4) The Appendix forms part of this Act but notes included in this Act (other than in the Appendix) do not form part of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Electronic Conveyancing National Law","content":"# Part 2 Application of Electronic Conveyancing National Law\n\nPart 2 Application of Electronic Conveyancing National Law","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Adoption of Electronic Conveyancing National Law","content":"#### 4 Adoption of Electronic Conveyancing National Law\n\n4 Adoption of Electronic Conveyancing National Law\n\n> The Electronic Conveyancing National Law set out in the Appendix—\n> \n> > (a) applies as a law of this jurisdiction, and\n> \n> > (b) as so applying may be referred to as the Electronic Conveyancing National Law (NSW), and\n> \n> > (c) applies as if it were an Act.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of generic terms in Electronic Conveyancing National Law for purposes of this jurisdiction","content":"#### 5 Meaning of generic terms in Electronic Conveyancing National Law for purposes of this jurisdiction\n\n5 Meaning of generic terms in Electronic Conveyancing National Law for purposes of this jurisdiction\n\n> In the Electronic Conveyancing National Law (NSW)—\n> \n> land titles legislation—\n> \n> > (a) means the following Acts—\n> > \n> > > (i) the [Community Land Development Act 2021](/view/html/inforce/current/act-2021-006),\n> > \n> > > (ii) the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006),\n> > \n> > > (iii) the [Real Property Act 1900](/view/html/inforce/current/act-1900-025),\n> > \n> > > (iv) the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051),\n> > \n> > > (v) (Repealed)\n> > \n> > > (vi) any other Act prescribed by the regulations for the purposes of this definition, and\n> \n> > (b) includes any regulations or other instruments made under any of those Acts, and\n> \n> > (c) also includes any other law of this jurisdiction that authorises or requires something to be registered, noted or recorded in the titles register.\n> \n> Registrar means the Registrar-General.\n> \n> registry instrument means any document that may be lodged under the land titles legislation for the purpose of—\n> \n> > (a) creating, transferring, disposing of, mortgaging, charging, leasing or dealing with in any other way an estate or interest in land, or\n> \n> > (b) getting something registered, noted or recorded in the titles register, or\n> \n> > (c) getting the registration, note or record of something in the titles register changed, withdrawn or removed.\n> \n> this jurisdiction means the State of New South Wales.\n> \n> titles register means—\n> \n> > (a) the Register required to be maintained by section 31B (1) of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), or\n> \n> > (b) any other register prescribed by the regulations for the purposes of this definition.\n> \n> **s 5:** Am 2015 No 51, Sch 9.8; 2021 No 6, Sch 5.7.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Responsible tribunal for Electronic Conveyancing National Law (NSW)","content":"#### 6 Responsible tribunal for Electronic Conveyancing National Law (NSW)\n\n6 Responsible tribunal for Electronic Conveyancing National Law (NSW)\n\n> The Supreme Court is the responsible tribunal for this jurisdiction for the purposes of the Electronic Conveyancing National Law (NSW).","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Exclusion of interpretation legislation of this jurisdiction","content":"#### 7 Exclusion of interpretation legislation of this jurisdiction\n\n7 Exclusion of interpretation legislation of this jurisdiction\n\n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) (except Part 6A) does not apply to the Electronic Conveyancing National Law (NSW) or to the instruments made under that Law.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Regulations","content":"#### 8 Regulations\n\n8 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":null,"content":"#### 9\n\n9 (Repealed)","sortOrder":11},{"sectionNumber":"sch","sectionType":"schedule","heading":"Electronic Conveyancing National Law","content":"# sch Electronic Conveyancing National Law\n\nAppendix Electronic Conveyancing National Law\n\n**Appendix:** Am 2022 No 18, Sch 1\\[1\\]–\\[19\\].","sortOrder":13},{"sectionNumber":"Division 1","sectionType":"division","heading":"Electronic lodgment","content":"## Division 1 Electronic lodgment\n\nDivision 1 Electronic lodgment","sortOrder":25},{"sectionNumber":"Division 2","sectionType":"division","heading":"Client authorisations and digital signatures","content":"## Division 2 Client authorisations and digital signatures\n\nDivision 2 Client authorisations and digital signatures","sortOrder":29},{"sectionNumber":"sch-inc-pt.2-div.2-sdiv.1","sectionType":"division","heading":"Client authorisations","content":"### sch-inc-pt.2-div.2-sdiv.1 Client authorisations\n\nSubdivision 1 Client authorisations","sortOrder":30},{"sectionNumber":"10","sectionType":"section","heading":"Client authorisations","content":"#### 10 Client authorisations\n\n10 Client authorisations\n\n> > (1) A client authorisation is a document—\n> > \n> > > (a) that is in the form required by the participation rules, and\n> > \n> > > (b) by which a party to a conveyancing transaction authorises a subscriber to do one or more things on that party’s behalf in connection with the transaction so that the transaction, or part of the transaction, can be completed electronically.\n> \n> > (2) The following are examples of the things that a client authorisation may authorise a subscriber to do—\n> > \n> > > (a) to digitally sign registry instruments or other documents,\n> > \n> > > (b) to present registry instruments or other documents for lodgment electronically,\n> > \n> > > (c) to authorise or complete any associated financial transaction.","sortOrder":31},{"sectionNumber":"11","sectionType":"section","heading":"Effect of client authorisation","content":"#### 11 Effect of client authorisation\n\n11 Effect of client authorisation\n\n> > (1) A properly completed client authorisation—\n> > \n> > > (a) has effect according to its terms, and\n> > \n> > > (b) is not a power of attorney for the purposes of any other law of this jurisdiction relating to powers of attorney.\n> \n> > (2) If a client authorisation is properly completed, the requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.\n> \n> > (3) Subsections (1) and (2) do not limit or affect the application of any law of this jurisdiction relating to powers of attorney in relation to—\n> > \n> > > (a) the execution of a client authorisation under a power of attorney, or\n> > \n> > > (b) a client authorisation executed under a power of attorney.","sortOrder":32},{"sectionNumber":"sch-inc-pt.2-div.2-sdiv.2","sectionType":"division","heading":"Digital signatures","content":"### sch-inc-pt.2-div.2-sdiv.2 Digital signatures\n\nSubdivision 2 Digital signatures","sortOrder":33},{"sectionNumber":"12","sectionType":"section","heading":"Reliance on, and repudiation of, digital signatures","content":"#### 12 Reliance on, and repudiation of, digital signatures\n\n12 Reliance on, and repudiation of, digital signatures\n\n> > (1A) In this section—\n> > \n> > financial institution means—\n> > \n> > > (a) an authorised deposit-taking institution as defined in the [Banking Act 1959](http://www.legislation.gov.au/) of the Commonwealth, section 5(1), or\n> > \n> > > (b) a bank constituted by a law of this jurisdiction or of another State or the Commonwealth.\n> \n> > (1) If a subscriber’s digital signature is created for a registry instrument or other document in connection with a conveyancing transaction, then—\n> > \n> > > (a) unless that subscriber repudiates that digital signature, that registry instrument or other document is to be taken to be signed by that subscriber, and\n> > \n> > > (b) unless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, on—\n> > > \n> > > > (i) that subscriber, and\n> > > \n> > > > (ii) all other persons (if any) for whom that subscriber acts under a client authorisation with respect to that conveyancing transaction, and\n> > \n> > > (c) unless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, for the benefit of—\n> > > \n> > > > (i) each of the parties to that conveyancing transaction, and\n> > > \n> > > > (ii) each subscriber who acts under a client authorisation with respect to that conveyancing transaction, and\n> > > \n> > > > (iia) each ELNO whose ELN is used in connection with that conveyancing transaction, and\n> > > \n> > > > (iii) any person claiming through or under any person to whom subparagraph (i) applies, and\n> > > \n> > > > (iv) the Registrar, once that registry instrument or other document is lodged electronically in accordance with section 7, and\n> > > \n> > > > (v) in the case of a document that contains a direction for the payment of money as part of that conveyancing transaction, each financial institution that pays or receives money in accordance with that direction, and\n> > \n> > > (d) that subscriber cannot repudiate that digital signature except in the circumstances set out in subsection (4).\n> \n> > (2) Subsection (1) applies regardless of—\n> > \n> > > (a) who created the subscriber’s digital signature, and\n> > \n> > > (b) the circumstances (including fraud) in which the subscriber’s digital signature was created.\n> \n> > (3) Subsection (1) does not prevent the unsigning of a registry instrument or other document.\n> \n> > (4) Despite subsections (1) and (2), a subscriber can repudiate the subscriber’s digital signature with respect to a registry instrument or other document if the subscriber establishes—\n> > \n> > > (a) that the digital signature was not created by the subscriber, and\n> > \n> > > (b) that the digital signature was not created by a person who, at the time the subscriber’s digital signature was created for the registry instrument or other document—\n> > > \n> > > > (i) was an employee, agent, contractor or officer (however described) of the subscriber, and\n> > > \n> > > > (ii) had the subscriber’s express or implied authority to create the subscriber’s digital signature for any document or documents, and\n> > \n> > > (c) that neither of the following enabled the subscriber’s digital signature to be created for the registry instrument or other document—\n> > > \n> > > > (i) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to fully comply with the requirements of the participation rules,\n> > > \n> > > > (ii) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to take reasonable care.\n> \n> > (5) For the purposes of subsection (4) (b) (ii), it does not matter whether the authority was—\n> > \n> > > (a) general, or\n> > \n> > > (b) limited or restricted to documents of a particular class or to a particular document or in any other way.","sortOrder":34},{"sectionNumber":"13","sectionType":"section","heading":"Electronic Lodgment Network","content":"#### 13 Electronic Lodgment Network\n\n13 Electronic Lodgment Network\n\n> > (1) An Electronic Lodgment Network (ELN) is an electronic system that enables the lodging of registry instruments and other documents in electronic form for the purposes of the land titles legislation.\n> \n> > (2) An ELN may also enable the preparation of registry instruments and other documents in electronic form for lodging under the land titles legislation.","sortOrder":37},{"sectionNumber":"14","sectionType":"section","heading":"Registrar may provide and operate ELN","content":"#### 14 Registrar may provide and operate ELN\n\n14 Registrar may provide and operate ELN\n\n> The Registrar may provide and operate an ELN.","sortOrder":39},{"sectionNumber":"15","sectionType":"section","heading":"Registrar may approve ELNO to provide and operate ELN","content":"#### 15 Registrar may approve ELNO to provide and operate ELN\n\n15 Registrar may approve ELNO to provide and operate ELN\n\n> > (1) The Registrar may approve a person as an Electronic Lodgment Network Operator (ELNO) to provide and operate an ELN.\n> \n> > (2) The Registrar must not approve a person under this section unless the person meets the qualifications for approval set out in the operating requirements.\n> \n> > (3) An approval under this section must be in writing and must state the period for which it is to have effect.\n> \n> > (4) The Registrar may grant more than one approval under this section.","sortOrder":40},{"sectionNumber":"16","sectionType":"section","heading":"Conditions of approval as ELNO","content":"#### 16 Conditions of approval as ELNO\n\n16 Conditions of approval as ELNO\n\n> > (1) The Registrar may attach conditions to an approval under section 15, and those conditions must be specified in the approval.\n> \n> > (2) The Registrar may at any time, by notice in writing to the ELNO, vary or revoke the conditions attached to the approval of that ELNO or attach new or additional conditions.","sortOrder":41},{"sectionNumber":"17","sectionType":"section","heading":"Effect of approval as ELNO","content":"#### 17 Effect of approval as ELNO\n\n17 Effect of approval as ELNO\n\n> > (1) A person who is approved as an ELNO under section 15 may provide and operate an ELN—\n> > \n> > > (a) for the period stated in the approval, and\n> > \n> > > (b) subject to the conditions (if any) attached to the approval, and\n> > \n> > > (c) in accordance with the operating requirements.\n> \n> > (2) Subsection (1) is subject to sections 19 and 20.\n> \n> > (3) In performing functions as an ELNO, a person approved under section 15 is not and does not represent the State, and is not an agent of the State.\n> \n> > (4) The approval of a person as an ELNO does not restrict or prevent the provision, by that person, of services additional to those provided by the ELN.\n> \n> > (5) Subsection (4) is subject to the operating requirements.","sortOrder":42},{"sectionNumber":"18","sectionType":"section","heading":"ELNO required to comply with operating requirements","content":"#### 18 ELNO required to comply with operating requirements\n\n18 ELNO required to comply with operating requirements\n\n> A person approved as an ELNO under section 15 must comply with the operating requirements.","sortOrder":43},{"sectionNumber":"18A","sectionType":"section","heading":"ELNO required to establish and maintain interoperability","content":"#### 18A ELNO required to establish and maintain interoperability\n\n18A ELNO required to establish and maintain interoperability\n\n> > (1) A person approved as an ELNO under section 15 must, in accordance with the operating requirements, establish and maintain interoperability between the ELN operated by the person and each ELN operated by another ELNO.\n> \n> > (2) The Registrar may waive compliance with the interoperability requirement if the Registrar is satisfied that granting the waiver is reasonably necessary in all the circumstances.\n> \n> > (3) A waiver under subsection (2) may—\n> > \n> > > (a) be total or partial, and\n> > \n> > > (b) apply to particular persons approved as an ELNO under section 15 or particular classes of those persons, and\n> > \n> > > (c) apply generally or be limited in its application by reference to specified exceptions or factors, and\n> > \n> > > (d) apply indefinitely or for a specified period, and\n> > \n> > > (e) be unconditional or subject to conditions or restrictions.","sortOrder":44},{"sectionNumber":"19","sectionType":"section","heading":"Renewal of approval as ELNO","content":"#### 19 Renewal of approval as ELNO\n\n19 Renewal of approval as ELNO\n\n> > (1) The Registrar may renew an approval of a person as an ELNO under section 15 if the Registrar is satisfied that the person meets the qualifications for renewal of approval set out in the operating requirements.\n> \n> > (2) The renewal of an approval under this section must be in writing and must state the period for which the renewal is to have effect.\n> \n> > (3) In renewing an approval, the Registrar may exercise the powers in section 16 to attach conditions to the approval or vary or revoke conditions attached to the approval.","sortOrder":45},{"sectionNumber":"20","sectionType":"section","heading":"Revocation or suspension of approval as ELNO","content":"#### 20 Revocation or suspension of approval as ELNO\n\n20 Revocation or suspension of approval as ELNO\n\n> The Registrar may revoke or suspend the approval of a person as an ELNO in the circumstances set out in the operating requirements.","sortOrder":46},{"sectionNumber":"21","sectionType":"section","heading":"Monitoring of activities in ELN","content":"#### 21 Monitoring of activities in ELN\n\n21 Monitoring of activities in ELN\n\n> > (1) The Registrar may monitor activities in an ELN for any purpose, including (without limitation) for the purpose of maintaining the integrity of the titles register.\n> \n> > (2) This section does not limit Division 5.","sortOrder":47},{"sectionNumber":"Division 3","sectionType":"division","heading":"Operating requirements and participation rules","content":"## Division 3 Operating requirements and participation rules\n\nDivision 3 Operating requirements and participation rules","sortOrder":48},{"sectionNumber":"22","sectionType":"section","heading":"Operating requirements for ELNOs","content":"#### 22 Operating requirements for ELNOs\n\n22 Operating requirements for ELNOs\n\n> > (1) The Registrar may determine, in writing, requirements (operating requirements) relating to—\n> > \n> > > (a) the operation of an ELNO, and\n> > \n> > > (b) the provision and operation, by an ELNO, of an ELN.\n> \n> > (2) The operating requirements may (without limitation) include provisions relating to the following matters—\n> > \n> > > (a) the financial standing of an ELNO,\n> > \n> > > (a1) changes in the control of an ELNO,\n> > \n> > > (b) compliance with the participation rules, including (without limitation)—\n> > > \n> > > > (i) requiring an ELNO to use a participation agreement when authorising persons to use the ELN operated by the ELNO, and\n> > > \n> > > > (ii) requiring participation agreements to incorporate the participation rules,\n> > \n> > > (c) interoperability, including, without limitation—\n> > > \n> > > > (i) requiring an ELNO to enter into agreements with other ELNOs with respect to interoperability, and\n> > > \n> > > > (ii) specifying matters to be dealt with, and standard provisions to be included, in those agreements, and\n> > > \n> > > > (iii) the resolution of disputes between an ELNO and other ELNOs relating to interoperability,\n> > \n> > > (c1) the technical and operational requirements for an ELN, including, without limitation, data standards and other requirements relating to interoperability, for example, data standards with respect to associated financial transactions,\n> > \n> > > (c2) the integration of an ELN with other electronic systems,\n> > \n> > > (c3) the separation of services provided by the ELN operated by an ELNO from other services provided by the ELNO,\n> > \n> > > (c4) fees and charges payable to an ELNO, including, without limitation, principles relating to—\n> > > \n> > > > (i) the setting and publication of fees and charges, and\n> > > \n> > > > (ii) the apportionment of liability to pay fees and charges, and\n> > > \n> > > > (iii) the circumstances in which fees and charges are not payable,\n> > \n> > > (c5) the resolution of disputes between an ELNO and subscribers to the ELN operated by the ELNO or clients of those subscribers,\n> > \n> > > (c6) participation by an ELNO in a scheme for an industry code relating to associated financial transactions and compliance by an ELNO with that code,\n> > \n> > > (d) the insurance cover to be held by an ELNO,\n> > \n> > > (e) the circumstances in which the Registrar may suspend or revoke the approval of a person as an ELNO,\n> > \n> > > (f) the giving of directions to an ELNO by the Registrar, for example a direction to restrict, suspend or terminate a subscriber’s or other person’s use of the ELN operated by the ELNO.","sortOrder":49},{"sectionNumber":"23","sectionType":"section","heading":"Participation rules","content":"#### 23 Participation rules\n\n23 Participation rules\n\n> > (1) The Registrar may determine, in writing, rules relating to the use of an ELN (participation rules).\n> \n> > (2) The participation rules may (without limitation) include provisions relating to the following matters—\n> > \n> > > (a) the eligibility criteria for subscribers,\n> > \n> > > (b) the obligations of subscribers, including (without limitation) any representations or warranties they are required to give,\n> > \n> > > (c) the circumstances in which a subscriber’s authority to use the ELN may be restricted, suspended or terminated,\n> > \n> > > (d) client authorisations,\n> > \n> > > (e) the obligations of subscribers to verify the identity of their clients,\n> > \n> > > (f) the certification of registry instruments and other documents for use in connection with the ELN,\n> > \n> > > (g) digital signing,\n> > \n> > > (h) the retention of documents created or obtained in connection with a subscriber’s use of an ELN,\n> > \n> > > (i) compliance by subscribers with the participation rules, including (without limitation) how subscribers demonstrate compliance with the rules, the procedures for notifying non-compliance and how non-compliance may be remedied.","sortOrder":50},{"sectionNumber":"24","sectionType":"section","heading":"Registrar to have regard to nationally agreed model operating requirements and participation rules","content":"#### 24 Registrar to have regard to nationally agreed model operating requirements and participation rules\n\n24 Registrar to have regard to nationally agreed model operating requirements and participation rules\n\n> > (1) In this section—\n> > \n> > model provisions means any model operating requirements or model participation rules from time to time developed and published by ARNECC.\n> \n> > (2) In determining operating requirements and participation rules under this Law, and in determining changes to those requirements or rules, the Registrar must have regard to the desirability of maintaining consistency with any model provisions.","sortOrder":51},{"sectionNumber":"25","sectionType":"section","heading":"Publication of operating requirements and participation rules","content":"#### 25 Publication of operating requirements and participation rules\n\n25 Publication of operating requirements and participation rules\n\n> > (1) The Registrar must ensure that the following are publicly available—\n> > \n> > > (a) the current operating requirements and participation rules,\n> > \n> > > (b) all superseded versions of the operating requirements and participation rules.\n> \n> > (2) The operating requirements and participation rules, and any changes to either of them, must be made publicly available at least 20 business days before the operating requirements or participation rules or, as the case requires, the changes to them take effect.\n> \n> > (3) However, changes to the operating requirements or participation rules may take effect within a shorter period (including immediately on being made publicly available), if the Registrar is satisfied that the changes need to take effect urgently because an emergency situation exists.\n> \n> > (4) For the purposes of subsection (3), an emergency situation exists if the Registrar considers that, because of the occurrence of an event or the existence of particular circumstances, the operation, security, integrity or stability of an ELN or the titles register or the land titles system is being, or is likely to be, jeopardised.\n> \n> > (5) Documents may be made publicly available in accordance with this section in any manner the Registrar considers appropriate, including (without limitation) by means of a website.\n> \n> > (6) It is sufficient compliance with subsection (1) (b) if a superseded version of the operating requirements or participation rules (other than the most recently superseded version) is publicly available only on request made to the Registrar.","sortOrder":52},{"sectionNumber":"26","sectionType":"section","heading":"Subscribers required to comply with participation rules","content":"#### 26 Subscribers required to comply with participation rules\n\n26 Subscribers required to comply with participation rules\n\n> > (1) A subscriber who is authorised under a participation agreement to use an ELN must comply with the participation rules relating to that ELN.\n> \n> > (2) If a subscriber contravenes those participation rules, the Registrar may—\n> > \n> > > (a) if the Registrar operates the ELN, restrict, suspend or terminate the subscriber’s use of the ELN, or\n> > \n> > > (b) if an ELNO operates the ELN, direct the ELNO to restrict, suspend or terminate the subscriber’s use of the ELN.\n> \n> > (3) Subsection (2) does not limit or affect any right, power, authority or remedy that the Registrar or an ELNO has under the operating requirements, the participation rules, a participation agreement or any other law of this jurisdiction in relation to contravention of the participation rules.","sortOrder":53},{"sectionNumber":"27","sectionType":"section","heading":"Waiving compliance with operating requirements or participation rules","content":"#### 27 Waiving compliance with operating requirements or participation rules\n\n27 Waiving compliance with operating requirements or participation rules\n\n> > (1) The Registrar may waive compliance with all or any provisions of the operating requirements or participation rules if the Registrar is satisfied that granting the waiver is reasonable in all the circumstances.\n> \n> > (2) A waiver under this section may—\n> > \n> > > (a) be total or partial, and\n> > \n> > > (b) apply generally to all persons, or be limited in its application to particular persons or particular classes of persons, and\n> > \n> > > (c) apply generally or be limited in its application by reference to specified exceptions or factors, and\n> > \n> > > (d) apply indefinitely or for a specified period, and\n> > \n> > > (e) be unconditional or subject to conditions or restrictions.","sortOrder":54},{"sectionNumber":"Division 4","sectionType":"division","heading":"Appeals","content":"## Division 4 Appeals\n\nDivision 4 Appeals","sortOrder":55},{"sectionNumber":"28","sectionType":"section","heading":"Appeal against decisions of Registrar","content":"#### 28 Appeal against decisions of Registrar\n\n28 Appeal against decisions of Registrar\n\n> > (1) A person who is the subject of any of the following decisions (an appellable decision) may require the Registrar to provide, in writing, the grounds for the decision—\n> > \n> > > (a) a decision by the Registrar to refuse to approve the person as an ELNO,\n> > \n> > > (b) a decision by the Registrar to refuse to renew the person’s approval as an ELNO,\n> > \n> > > (c) a decision by the Registrar to suspend the person’s approval as an ELNO,\n> > \n> > > (d) a decision by the Registrar to revoke the person’s approval as an ELNO,\n> > \n> > > (e) a decision by the Registrar to attach a condition to the person’s approval as an ELNO, or to vary or revoke a condition of the person’s approval as an ELNO, if the attachment, variation or revocation of the condition is done without the person’s agreement,\n> > \n> > > (f) a decision by the Registrar to restrict, suspend or terminate the person’s use, as a subscriber, of an ELN operated by the Registrar,\n> > \n> > > (g) a decision by the Registrar to direct an ELNO to restrict, suspend or terminate the person’s use, as a subscriber, of the ELN operated by the ELNO.\n> \n> > (2) A person who is the subject of an appellable decision and who has received written grounds for the decision from the Registrar under subsection (1) or otherwise may appeal against the decision to the responsible tribunal.","sortOrder":56},{"sectionNumber":"29","sectionType":"section","heading":"Determination of appeal","content":"#### 29 Determination of appeal\n\n29 Determination of appeal\n\n> > (1) After hearing the appeal, the responsible tribunal may—\n> > \n> > > (a) confirm the appellable decision, or\n> > \n> > > (b) amend the appellable decision, or\n> > \n> > > (c) substitute another decision for the appellable decision.\n> \n> > (2) In amending the appellable decision or substituting another decision for the appellable decision, the responsible tribunal has the same powers as the Registrar under this Law.","sortOrder":57},{"sectionNumber":"30","sectionType":"section","heading":"Costs","content":"#### 30 Costs\n\n30 Costs\n\n> > (1) The responsible tribunal may make any order about costs it considers appropriate for the proceedings under this Division.\n> \n> > (2) This section does not apply if the responsible tribunal has power under another law of this jurisdiction to make an order about costs for proceedings under this Division.","sortOrder":58},{"sectionNumber":"31","sectionType":"section","heading":"Relationship with Act establishing responsible tribunal","content":"#### 31 Relationship with Act establishing responsible tribunal\n\n31 Relationship with Act establishing responsible tribunal\n\n> This Division—\n> \n> > (a) applies despite any provision to the contrary of the Act that establishes or continues the responsible tribunal, but\n> \n> > (b) does not otherwise limit—\n> > \n> > > (i) that Act, or\n> > \n> > > (ii) any rules, regulations or other instrument regulating the practice or procedure of the responsible tribunal.","sortOrder":59},{"sectionNumber":"Division 5","sectionType":"division","heading":"Compliance examinations","content":"## Division 5 Compliance examinations\n\nDivision 5 Compliance examinations","sortOrder":60},{"sectionNumber":"32","sectionType":"section","heading":"Definitions","content":"#### 32 Definitions\n\n32 Definitions\n\n> In this Division—\n> \n> ELNO includes a former ELNO.\n> \n> subscriber includes a former subscriber.","sortOrder":61},{"sectionNumber":"33","sectionType":"section","heading":"Compliance examinations","content":"#### 33 Compliance examinations\n\n33 Compliance examinations\n\n> The Registrar may, on receiving a request or complaint from any person or on the Registrar’s own initiative, conduct an investigation (compliance examination) under this Part—\n> \n> > (a) in relation to an ELNO for any of the following purposes—\n> > \n> > > (i) ascertaining whether or not the operating requirements are being, or have been, complied with,\n> > \n> > > (ia) ascertaining whether or not the interoperability requirement is being, or has been, complied with,\n> > \n> > > (ii) investigating any suspected or alleged case of misconduct with respect to the operation of an ELN, or\n> \n> > (b) in relation to a subscriber for either or both of the following purposes—\n> > \n> > > (i) ascertaining whether or not the participation rules are being, or have been, complied with,\n> > \n> > > (ii) investigating any suspected or alleged case of misconduct with respect to the use of an ELN.","sortOrder":62},{"sectionNumber":"34","sectionType":"section","heading":"Obligation to cooperate with examination","content":"#### 34 Obligation to cooperate with examination\n\n34 Obligation to cooperate with examination\n\n> > (1) An ELNO or a subscriber in relation to whom a compliance examination is being conducted must cooperate fully with the person conducting the compliance examination for the purpose of ensuring that the person is able to conduct a proper compliance examination.\n> \n> > (2) In particular, an ELNO or a subscriber must comply with any reasonable requirement by the person conducting the compliance examination—\n> > \n> > > (a) to furnish specified information or to produce specified documents for the purposes of the compliance examination, or\n> > \n> > > (b) to take specified action for the purposes of the compliance examination.\n> \n> > (3) If an ELNO fails, without reasonable excuse, to cooperate as required by this section, the Registrar may take any action that the Registrar is authorised to take under the operating requirements and that the Registrar considers appropriate, which may include (without limitation) the suspension or revocation of the ELNO’s approval under section 20.\n> \n> > (4) If a subscriber fails, without reasonable excuse, to cooperate as required by this section, the Registrar may take any action that the Registrar is authorised to take under the operating requirements, the participation rules or the land titles legislation and that the Registrar considers appropriate.\n> \n> > (5) For the purposes of subsections (3) and (4), it is not a reasonable excuse for a person to fail to give stated information, answer a question or to produce a document that giving the information, answering the question or producing the document might tend to incriminate the person or make the person liable to a penalty.\n> \n> > (6) However, the following is not admissible in evidence against an individual in a criminal proceeding—\n> > \n> > > (a) information provided by an individual in compliance with a requirement made under this section,\n> > \n> > > (b) an answer given by an individual in response to a question asked under this section,\n> > \n> > > (c) a document produced by an individual in compliance with a requirement made under this section (other than a document to which subsection (7) applies),\n> > \n> > > (d) information directly or indirectly derived from—\n> > > \n> > > > (i) information mentioned in paragraph (a), or\n> > > \n> > > > (ii) an answer mentioned in paragraph (b), or\n> > > \n> > > > (iii) a document mentioned in paragraph (c) (other than a document to which subsection (7) applies).\n> \n> > (7) A document produced by an individual in compliance with a requirement made under this section is not inadmissible in evidence against the individual in a criminal proceeding on the ground that the document might incriminate the individual if the document is required to be kept under this Law, the land titles legislation, the operating requirements or the participation rules.\n> \n> > (8) Subsection (6) does not apply to—\n> > \n> > > (a) a proceeding about the false or misleading nature of anything in the information, answer or document, or\n> > \n> > > (b) a proceeding in which the false or misleading nature of the information, answer or document is relevant evidence.","sortOrder":63},{"sectionNumber":"35","sectionType":"section","heading":"Registrar may refer matter to appropriate authority","content":"#### 35 Registrar may refer matter to appropriate authority\n\n35 Registrar may refer matter to appropriate authority\n\n> > (1) In this section—\n> > \n> > appropriate authority—\n> > \n> > > (a) means a person, body or organisation who or which is empowered by a law of this jurisdiction or of another State or the Commonwealth to take investigatory, disciplinary or other action, and\n> > \n> > > (b) includes (without limiting paragraph (a))—\n> > > \n> > > > (i) a law enforcement agency, and\n> > > \n> > > > (ii) a regulatory or disciplinary body for persons engaged in any profession, occupation, calling or business, and\n> > > \n> > > > (iii) another registrar.\n> \n> > (2) Instead of conducting a compliance examination in relation to a matter, or at any time during a compliance examination or after the completion of a compliance examination in relation to a matter, the Registrar may refer the matter to an appropriate authority.\n> \n> > (3) If the Registrar refers a matter to an appropriate authority, the Registrar is not obliged to take any other action in relation to the matter.\n> \n> > (4) The Registrar may refer a matter to an appropriate authority despite any law of this jurisdiction relating to privacy or confidentiality.","sortOrder":64},{"sectionNumber":"36","sectionType":"section","heading":"Land titles legislation not limited","content":"#### 36 Land titles legislation not limited\n\n36 Land titles legislation not limited\n\n> Nothing in this Division limits or affects any provision of the land titles legislation that authorises or permits any investigation, inquiry or examination of any kind.","sortOrder":65},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":66},{"sectionNumber":"37","sectionType":"section","heading":"Delegation by Registrar","content":"#### 37 Delegation by Registrar\n\n37 Delegation by Registrar\n\n> > (1) The Registrar may delegate the following to any other person—\n> > \n> > > (a) the power conferred by section 21 to monitor activities in an ELN,\n> > \n> > > (b) any function under Division 5 of Part 3,\n> > \n> > > (c) the power conferred by section 44 to approve forms.\n> \n> > (2) The Registrar may, in an instrument of delegation, authorise the person to whom a power or function is delegated to subdelegate that power or function.","sortOrder":68},{"sectionNumber":"38","sectionType":"section","heading":"Registrar not obliged to monitor ELN or conduct compliance examination","content":"#### 38 Registrar not obliged to monitor ELN or conduct compliance examination\n\n38 Registrar not obliged to monitor ELN or conduct compliance examination\n\n> The Registrar is not obliged—\n> \n> > (a) to monitor activities in an ELN under section 21, or\n> \n> > (b) to conduct or complete a compliance examination under Division 5 of Part 3.","sortOrder":70},{"sectionNumber":"39","sectionType":"section","heading":"No compensation","content":"#### 39 No compensation\n\n39 No compensation\n\n> No person is entitled to receive compensation for any loss or damage arising out of anything done or omitted in good faith in, or in connection with, the monitoring of activities in an ELN under section 21 or the conduct of a compliance examination under Division 5 of Part 3, including (without limitation)—\n> \n> > (a) any decision made, in good faith, not to monitor activities in an ELN or not to conduct a compliance examination, and\n> \n> > (b) any decision made, in good faith, as to how activities in an ELN are to be monitored or how a compliance examination is to be conducted.","sortOrder":71},{"sectionNumber":"40","sectionType":"section","heading":"Registrar not responsible for additional services provided by ELNO or associated financial transactions","content":"#### 40 Registrar not responsible for additional services provided by ELNO or associated financial transactions\n\n40 Registrar not responsible for additional services provided by ELNO or associated financial transactions\n\n> > (1) The mere fact that an ELNO provides services that are additional to those provided by the ELN operated by that ELNO does not make the Registrar responsible for the regulation or operation of those additional services.\n> \n> > (2) The mere fact that the operating requirements include provisions relating to the following matters does not make the Registrar responsible for the regulation or conduct of associated financial transactions—\n> > \n> > > (a) data standards relating to those transactions,\n> > \n> > > (b) participation by an ELNO in a scheme for an industry code relating to those transactions and compliance by an ELNO with that code.","sortOrder":72},{"sectionNumber":"41","sectionType":"section","heading":"Other laws relating to electronic transactions not affected","content":"#### 41 Other laws relating to electronic transactions not affected\n\n41 Other laws relating to electronic transactions not affected\n\n> This Law is in addition to, and not in substitution for—\n> \n> > (a) the laws of this jurisdiction in relation to electronic transactions, and\n> \n> > (b) any other law of this jurisdiction that authorises or permits the use of electronic documents for the purposes of the land titles legislation.","sortOrder":74},{"sectionNumber":"42","sectionType":"section","heading":"Powers may be exercised for purposes of this Law","content":"#### 42 Powers may be exercised for purposes of this Law\n\n42 Powers may be exercised for purposes of this Law\n\n> If any provision of the land titles legislation empowers the making of an instrument of a legislative or administrative character, or the doing of any other act or thing, that power is to be construed (with all necessary changes) as including a general power to make instruments of that character, or to do that act or thing, for the purposes of this Law.","sortOrder":75},{"sectionNumber":"43","sectionType":"section","heading":"Registrar authorised to disclose certain information","content":"#### 43 Registrar authorised to disclose certain information\n\n43 Registrar authorised to disclose certain information\n\n> > (1) The Registrar may disclose information about the following matters to ARNECC, another registrar or a person or body who or which has functions under, or responsibility for the administration or oversight of, this Law or the land titles legislation—\n> > \n> > > (a) an ELNO’s compliance with the operating requirements or the interoperability requirement,\n> > \n> > > (b) a subscriber’s compliance with the participation rules,\n> > \n> > > (c) a compliance examination conducted under Part 3, Division 5,\n> > \n> > > (d) any other matter relating to the performance of the Registrar’s functions under this Law.\n> \n> > (2) The Registrar may disclose the information despite any law of this jurisdiction relating to privacy or confidentiality.\n> \n> > (3) This section does not limit or affect section 35 or any power or duty of the Registrar under the land titles legislation or any other law of this jurisdiction to disclose the information.","sortOrder":77},{"sectionNumber":"44","sectionType":"section","heading":"Forms","content":"#### 44 Forms\n\n44 Forms\n\n> The Registrar may approve forms for use under this Law.","sortOrder":78},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Miscellaneous provisions relating to interpretation","content":"# Schedule 1 Miscellaneous provisions relating to interpretation\n\nSchedule 1 Miscellaneous provisions relating to interpretation\n\n(Section 4)","sortOrder":79},{"sectionNumber":"Part 5","sectionType":"part","heading":"Distance, time and age","content":"# Part 5 Distance, time and age\n\nPart 5 Distance, time and age","sortOrder":114},{"sectionNumber":"Part 6","sectionType":"part","heading":"Effect of repeal, amendment or expiration","content":"# Part 6 Effect of repeal, amendment or expiration\n\nPart 6 Effect of repeal, amendment or expiration","sortOrder":116},{"sectionNumber":"Part 7","sectionType":"part","heading":"Instruments under Law","content":"# Part 7 Instruments under Law\n\nPart 7 Instruments under Law","sortOrder":122}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has been amended at least four times since its original commencement in November 2012 (with version changes in January 2013, November 2016, December 2021, and June 2022). This suggests the scope has evolved — likely expanding obligations on industry participants, updating technical standards, and broadening the types of transactions or documents that can be handled electronically, consistent with the growing mainstream adoption of platforms like PEXA across Australian property markets."},"complexity_factors":["Adopts a separate 'national law' instrument by reference, meaning the actual operative rules exist in a schedule or external document rather than the Act itself — readers must consult multiple sources","Involves interplay between NSW state law and a nationally harmonised framework, creating jurisdictional layering","Technical subject matter (electronic lodgment networks, digital signatures, authorised deposit-taking institutions) requires some specialist knowledge to fully understand","Has undergone multiple amendments since 2012, meaning current rules differ from the original text","Responsibility falls under 'Customer Service and Digital Government' — a non-traditional portfolio — which may confuse those seeking guidance"],"plain_english_summary":"## Electronic Conveyancing (Adoption of National Law) Act 2012 (NSW)\n\n**What does this law do?**\n\nThis NSW Act adopts a national framework that allows property transactions — like buying and selling homes — to be completed **electronically** rather than through paper-based processes. Instead of physically exchanging paper documents and cheques, conveyancers (professionals who handle property transfers) and their clients can complete settlements digitally through an approved online platform.\n\n**Who does this affect?**\n\n- **Home buyers and sellers** in NSW who are going through property settlement\n- **Conveyancers and solicitors** (lawyers who specialise in property transfers) who handle settlements on behalf of clients\n- **Banks and lenders** involved in mortgage transactions\n- **NSW Land Registry Services**, which records property ownership\n\n**Why does it matter?**\n\nBefore this law, settling a property purchase meant everyone had to physically meet in a room to exchange paper documents and bank cheques — a process that was slow, costly, and prone to human error. This Act enables the use of platforms like **PEXA** (Property Exchange Australia) to handle settlements online, making the process faster, cheaper, and more secure.\n\nThe 'national law' aspect means NSW is aligning its rules with other states, so the same standards apply across Australia — important for lenders and conveyancers who operate nationally.\n\n**In plain terms:** If you've bought or sold a home in NSW recently and settlement happened online without a physical meeting, this is the law that made that possible."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation adopts the national law as originally intended, with only minor modifications for NSW-specific terms like 'land titles legislation'. The core scope remains the same: enabling electronic conveyancing within the Torrens system."},"complexity_factors":["Over 100 defined terms in the interpretation provisions","Extensive cross-references between the main Act and the Schedule (the National Law)","Nested divisions and subdivisions in Part 2 of the National Law","Multiple conditional rules for digital signature repudiation (section 12)","Detailed operating requirements and participation rules with waiver provisions","Complex compliance examination provisions with self-incrimination limits","Schedule 1 with 37 clauses covering interpretation, powers, and savings"],"plain_english_summary":"This law sets up the legal framework for electronic property conveyancing (the process of transferring land ownership) in New South Wales. It allows documents to be lodged and processed electronically instead of on paper. The law adopts a national model, so the rules are consistent across participating states. It defines who can operate electronic lodgment networks (ELNOs), how subscribers (typically lawyers or conveyancers) must be authorized, and the rules for digital signatures. The law also gives the Registrar-General powers to monitor compliance, conduct investigations, and impose penalties for breaches. It affects anyone involved in buying, selling, mortgaging, or leasing land in NSW. Why it matters: it aims to make conveyancing faster, cheaper, and more secure, but it also imposes new compliance costs on practitioners and gives significant discretion to the Registrar."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of enabling and regulating electronic conveyancing. While the National Law has been amended over time (as noted in the Appendix amendment note referencing 2022 changes), these appear to be refinements and expansions within the original scope—such as adding interoperability requirements and clarifying operating requirements—rather than a fundamental expansion into unrelated areas. The core framework of adopting a national law to enable electronic property transactions remains intact."},"complexity_factors":["Dual-layer structure: The Act contains both 'local application provisions' (the NSW adoption machinery) and the full 'Electronic Conveyancing National Law' set out in the Appendix, requiring readers to understand which provisions apply where.","Extensive cross-referencing: The National Law relies heavily on terms defined in 'land titles legislation' (Real Property Act 1900, Conveyancing Act 1919, etc.) and the 'application law' of each jurisdiction.","Delegated legislation framework: Critical operational details (operating requirements, participation rules) are not in the Act itself but are determined by the Registrar, creating a two-tier regulatory system.","Interoperability requirements: Section 18A and related provisions impose complex technical and commercial obligations on ELNOs to ensure their systems can work with competitors' systems.","Nested definitions: The interpretation section (Schedule 1) contains 47+ defined terms, plus additional definitions in section 3 of the National Law (client authorisation, digital signature, etc.).","Conditional liability rules: Section 12 on digital signatures contains multi-layered exceptions about when a subscriber can repudiate a signature, involving tests about authority, employee status, and compliance with participation rules.","Self-executing interpretation schedule: Schedule 1 contains 37 clauses of interpretative rules that apply unless displaced, including complex provisions on delegation, acting appointments, and statutory instruments."],"plain_english_summary":"This legislation allows property transactions (conveyancing) to be done electronically in New South Wales, rather than using paper documents.\n\n**What it does:**\n- **Adopts a national framework**: NSW adopts the 'Electronic Conveyancing National Law' as its own law, making it apply in NSW as if it were a NSW Act.\n- **Enables electronic property deals**: It creates a system where documents for buying, selling, or mortgaging property can be prepared, signed, and lodged electronically through approved online platforms called Electronic Lodgment Networks (ELNs).\n- **Gives legal force to electronic signatures**: Digital signatures used in these systems have the same legal effect as handwritten signatures on paper. A special 'client authorisation' document lets lawyers or conveyancers sign on behalf of their clients electronically.\n- **Regulates the operators**: Private companies (called Electronic Lodgment Network Operators or ELNOs) can be approved to run these electronic systems, subject to strict operating requirements and participation rules set by the Registrar-General.\n- **Protects the land titles system**: The law ensures that moving to electronic conveyancing doesn't undermine the fundamental principles of the Torrens title system (the system that guarantees ownership of land in Australia).\n\n**Who it affects:**\n- **Property buyers and sellers**: Anyone buying or selling property in NSW, as their transactions will increasingly happen through these electronic systems.\n- **Lawyers and conveyancers**: They become 'subscribers' to ELNs and must follow participation rules, including verifying client identity and using digital signatures properly.\n- **Electronic Lodgment Network Operators (ELNOs)**: Private companies like PEXA that operate the electronic platforms, who must meet strict requirements and maintain interoperability (ability to work with other systems).\n- **The Registrar-General**: The government official responsible for maintaining the land titles register, who approves ELNOs, sets rules, monitors compliance, and can conduct investigations.\n- **Financial institutions**: Banks and lenders involved in property transactions that include payment directions.\n\n**Why it matters:**\nBefore this law, property transactions required physical paper documents to be signed, witnessed, and lodged at the land titles office. This legislation modernises the system, making transactions faster, more efficient, and less prone to errors or fraud, while maintaining legal certainty about property ownership. It also creates a national framework so that electronic conveyancing can work consistently across different Australian states and territories."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/electronic-conveyancing-adoption-of-national-law-act-2012","history":"/api/acts/electronic-conveyancing-adoption-of-national-law-act-2012/history","analysis":"/api/acts/electronic-conveyancing-adoption-of-national-law-act-2012/analysis","conflicts":"/api/acts/electronic-conveyancing-adoption-of-national-law-act-2012/conflicts","importantCases":"/api/acts/electronic-conveyancing-adoption-of-national-law-act-2012/important-cases","documents":"/api/acts/electronic-conveyancing-adoption-of-national-law-act-2012/documents"}}