{"id":"nsw:act-2022-062","name":"Electronic Conveyancing Enforcement Act 2022","slug":"electronic-conveyancing-enforcement-act-2022","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"62 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28959,"registerId":"nsw-act-2022-062-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 Enforcement Act 2022](/view/html/inforce/current/act-2022-062).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"#### 3 Object of Act\n\n3 Object of Act\n\n> 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.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > enforceable undertaking—see section 5.\n> > \n> > enforcement order—see section 16(1).\n> > \n> > enforcement provision means—\n> > \n> > > (a) the Electronic Conveyancing National Law (NSW), section 18A, or\n> > \n> > > (b) the Electronic Conveyancing National Law (NSW), section 34, or\n> > \n> > > (c) a requirement of a remedial direction or an interim remedial direction.\n> > \n> > interim remedial direction—see section 11(1).\n> > \n> > remedial direction—see section 10(1).\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> > (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.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Enforcement of Electronic Conveyancing National Law (NSW)","content":"# Part 2 Enforcement of Electronic Conveyancing National Law (NSW)\n\nPart 2 Enforcement of Electronic Conveyancing National Law (NSW)","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Enforceable undertakings","content":"## Division 1 Enforceable undertakings\n\nDivision 1 Enforceable undertakings","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Registrar may accept undertakings","content":"#### 5 Registrar may accept undertakings\n\n5 Registrar may accept undertakings\n\n> 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—\n> \n> > (a) a provision of the Electronic Conveyancing National Law (NSW), or\n> \n> > (b) a provision of the operating requirements, or\n> \n> > (c) a condition of the approval under the Electronic Conveyancing National Law (NSW), section 15 to which the ELNO is subject.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Content of enforceable undertaking","content":"#### 6 Content of enforceable undertaking\n\n6 Content of enforceable undertaking\n\n> > (1) An enforceable undertaking must specify—\n> > \n> > > (a) the contravention to which the enforceable undertaking relates, and\n> > \n> > > (b) the measures the ELNO has agreed to implement to remedy or prevent the contravention, and\n> > \n> > > (c) the period or periods by the end of which the measures must be implemented.\n> \n> > (2) A failure to comply with this section does not affect the validity of an enforceable undertaking.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"When enforceable undertaking takes effect","content":"#### 7 When enforceable undertaking takes effect\n\n7 When enforceable undertaking takes effect\n\n> An enforceable undertaking takes effect and becomes enforceable—\n> \n> > (a) when written notice of the Registrar’s decision to accept the undertaking is given to the ELNO who gave the undertaking, or\n> \n> > (b) on a later date specified by the Registrar in the notice.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Withdrawal or variation of enforceable undertaking","content":"#### 8 Withdrawal or variation of enforceable undertaking\n\n8 Withdrawal or variation of enforceable undertaking\n\n> > (1) An ELNO who has made an enforceable undertaking may, at any time, with the written agreement of the Registrar—\n> > \n> > > (a) withdraw the undertaking, or\n> > \n> > > (b) vary the undertaking.\n> \n> > (2) The Registrar may, at any time, with the written agreement of an ELNO who has made an enforceable undertaking, withdraw the Registrar’s acceptance of the undertaking.\n> \n> > (3) The provisions of an enforceable undertaking must not be varied to provide for a different alleged contravention.\n> \n> > (4) An enforceable undertaking ceases to have effect if—\n> > \n> > > (a) it is withdrawn by the ELNO who made it, in accordance with this section, or\n> > \n> > > (b) acceptance of the undertaking is withdrawn by the Registrar.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Enforcement of enforceable undertaking","content":"#### 9 Enforcement of enforceable undertaking\n\n9 Enforcement of enforceable undertaking\n\n> > (1) The Registrar may apply to the Supreme Court for an order under this section if the Registrar reasonably believes an ELNO has contravened an enforceable undertaking.\n> \n> > (2) If the Court is satisfied that the ELNO who gave the enforceable undertaking has contravened the undertaking, the Court may make 1 or both of the following orders—\n> > \n> > > (a) an order directing the ELNO to comply with the undertaking,\n> > \n> > > (b) an order discharging or varying the undertaking.\n> \n> > (3) In addition to the orders referred to in subsection (2), the Court may make other orders the Court considers appropriate in the circumstances, including orders directing the ELNO to pay either or both of the following to the State—\n> > \n> > > (a) the costs of the proceedings,\n> > \n> > > (b) the reasonable costs of the Registrar in monitoring compliance with the enforceable undertaking in the future.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Remedial directions","content":"## Division 2 Remedial directions\n\nDivision 2 Remedial directions","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Registrar may give remedial direction","content":"#### 10 Registrar may give remedial direction\n\n10 Registrar may give remedial direction\n\n> > (1) The Registrar may give a written direction to an ELNO (a remedial direction) if the Registrar reasonably believes the ELNO has contravened or is contravening a requirement imposed by or under the Electronic Conveyancing National Law (NSW).\n> \n> > (2) The Registrar must not give a remedial direction to an ELNO unless—\n> > \n> > > (a) the Registrar has given written notice to the ELNO of the Registrar’s intention to give the direction, and\n> > \n> > > (b) the notice states the ELNO may make submissions to the Registrar within 14 days after the date of the notice, and\n> > \n> > > (c) the Registrar has considered submissions made by the ELNO within that period.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Interim remedial directions","content":"#### 11 Interim remedial directions\n\n11 Interim remedial directions\n\n> > (1) The Registrar may give a written direction to an ELNO (an interim remedial direction) if the Registrar—\n> > \n> > > (a) reasonably believes the ELNO has contravened or is contravening a requirement imposed by or under the Electronic Conveyancing National Law (NSW), and\n> > \n> > > (b) is satisfied the direction needs to be given urgently because an emergency situation exists.\n> \n> > (2) For subsection (1), 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, the titles register or the land titles system is being, or is likely to be, jeopardised.\n> \n> > (3) An interim remedial direction given to an ELNO constitutes notice for section 10(2) of the Registrar’s intention to give a remedial direction on the same terms as the interim remedial direction.\n> \n> > (4) Subsection (3) does not prevent the Registrar specifying in a remedial direction a period or periods for implementation under section 12(1)(c) that is different from the period or periods for implementation specified in the interim direction.\n> \n> > (5) Unless sooner revoked, an interim remedial direction for a contravention ceases to have effect on the earliest of the following—\n> > \n> > > (a) the end of the period of 21 days after the date of the interim remedial direction,\n> > \n> > > (b) when the Registrar gives a remedial direction to the ELNO in relation to the contravention.\n> \n> > (6) Sections 12–15 apply to an interim remedial direction in the same way as they apply to a remedial direction.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Content of remedial direction","content":"#### 12 Content of remedial direction\n\n12 Content of remedial direction\n\n> > (1) A remedial direction must specify—\n> > \n> > > (a) the contravention to which the remedial direction relates, and\n> > \n> > > (b) the measures the ELNO must implement to remedy the contravention or to prevent the contravention occurring again, and\n> > \n> > > (c) the period or periods by the end of which the measures must be implemented.\n> \n> > (2) The period or periods specified under subsection (1)(c) must be reasonable in the circumstances.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Revocation of remedial direction","content":"#### 13 Revocation of remedial direction\n\n13 Revocation of remedial direction\n\n> The Registrar may, by written notice given to an ELNO, revoke a remedial direction relating to the ELNO.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Registrar not to give remedial direction in certain circumstances","content":"#### 14 Registrar not to give remedial direction in certain circumstances\n\n14 Registrar not to give remedial direction in certain circumstances\n\n> The Registrar must not give a remedial direction to an ELNO in relation to a contravention if—\n> \n> > (a) the ELNO has given an enforceable undertaking in relation to the contravention and the enforceable undertaking is in effect, or\n> \n> > (b) proceedings for an enforcement order in relation to the contravention have been commenced but not determined.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Appeal against decision to give remedial direction","content":"#### 15 Appeal against decision to give remedial direction\n\n15 Appeal against decision to give remedial direction\n\n> The Electronic Conveyancing National Law (NSW), Part 3, Division 4 applies to a decision by the Registrar to give a remedial direction as if the decision were an appellable decision within the meaning of section 28 of the Law.","sortOrder":18},{"sectionNumber":"Division 3","sectionType":"division","heading":"Enforcement orders","content":"## Division 3 Enforcement orders\n\nDivision 3 Enforcement orders","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Registrar may apply for enforcement order","content":"#### 16 Registrar may apply for enforcement order\n\n16 Registrar may apply for enforcement order\n\n> > (1) The Registrar may apply to the Supreme Court for an order under this section (an enforcement order) if the Registrar reasonably believes an ELNO has contravened an enforcement provision.\n> \n> > (2) If the Court is satisfied the ELNO has contravened the enforcement provision, the Court may make an order that the ELNO pay to the State an amount not exceeding the maximum amount.\n> \n> > (3) In addition to the order under subsection (2), the Court may make other orders the Court considers appropriate in the circumstances, including orders directing the ELNO to pay either or both of the following to the State—\n> > \n> > > (a) the costs of the proceedings,\n> > \n> > > (b) the reasonable costs of the Registrar in monitoring compliance with the enforcement provision in the future.\n> \n> > (4) The Court must have regard to the following in determining the amount required to be paid under an enforcement order—\n> > \n> > > (a) the nature and extent of the contravention,\n> > \n> > > (b) the nature and extent of loss or damage suffered as a result of the contravention, including by third parties,\n> > \n> > > (c) the circumstances in which the contravention took place,\n> > \n> > > (d) whether the contravention was intentional or unintentional,\n> > \n> > > (e) whether the ELNO has previously contravened the enforcement provision to which the order relates,\n> > \n> > > (f) the amount necessary to deter the ELNO from engaging in the contravening conduct in the future,\n> > \n> > > (g) the damage the contravention has caused to the security or integrity of the land titles system.\n> \n> > (5) An amount payable under an order made under this section is recoverable by the State as a debt from the ELNO.\n> \n> > (6) In this section—\n> > \n> > maximum amount means—\n> > \n> > > (a) for a contravention of the Electronic Conveyancing National Law (NSW), section 18A—\n> > > \n> > > > (i) $10,000,000, and\n> > > \n> > > > (ii) for a continuing contravention—a further $250,000 for each day the contravention continues, or\n> > \n> > > (b) for a contravention of the Electronic Conveyancing National Law (NSW), section 34—$250,000, or\n> > \n> > > (c) for a contravention of a requirement of a remedial direction or an interim remedial direction—$10,000,000.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Time for commencing proceedings","content":"#### 17 Time for commencing proceedings\n\n17 Time for commencing proceedings\n\n> The Registrar may not apply for an enforcement order against an ELNO in relation to a contravention of an enforcement provision more than 2 years after the Registrar becomes aware of the contravention.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Effect of enforceable undertaking","content":"#### 18 Effect of enforceable undertaking\n\n18 Effect of enforceable undertaking\n\n> > (1) No proceedings may be brought under this Division in relation to a contravention of an enforcement provision if—\n> > \n> > > (a) there is an enforceable undertaking in effect in relation to the contravention, or\n> > \n> > > (b) an enforceable undertaking given by the ELNO in relation to the contravention has been completely discharged.\n> \n> > (2) If the Registrar accepts an enforceable undertaking in relation to a contravention of an enforcement provision after proceedings under this Division in relation to the contravention have been commenced, the Registrar must take all reasonable steps to have the proceedings discontinued as soon as practicable.","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Act to bind Crown","content":"#### 19 Act to bind Crown\n\n19 Act to bind Crown\n\n> This Act binds the Crown.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Personal liability","content":"#### 20 Personal liability\n\n20 Personal liability\n\n> > (1) A protected person is not personally subject to liability for anything done—\n> > \n> > > (a) in good faith, and\n> > \n> > > (b) for the purpose of exercising a function under this Act.\n> \n> > (2) The liability instead attaches to the Crown.\n> \n> > (3) In this section—\n> > \n> > done includes omitted to be done.\n> > \n> > liability means civil liability and includes action, claim or demand.\n> > \n> > protected person means—\n> > \n> > > (a) the Registrar, or\n> > \n> > > (b) a person acting under the direction of the Registrar.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Regulations","content":"#### 21 Regulations\n\n21 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, about 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":26},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions","sortOrder":27}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act does not alter the substantive duties or definitions in the Electronic Conveyancing National Law (NSW). Its object is to promote compliance by establishing enforcement mechanisms—undertakings, directions and court orders—and related procedural, penalty and transitional rules (s 3; ss 5–18; Schedule 1). In other words, it extends enforcement and remedies rather than changing the underlying regulatory scope or substantive obligations."},"complexity_factors":["Multiple, overlapping enforcement pathways (enforceable undertakings, remedial directions, interim remedial directions, court enforcement orders) creating procedural choices for the regulator and regulated entities (ss 5–16).","High-penalty regime with different caps depending on the provision—up to $10,000,000, daily continuing penalties, and smaller caps for some breaches—requiring the Court to assess several factors when fixing amounts (s 16(6), (4)).","Regulator discretion to accept, vary or withdraw undertakings and to issue directions, including urgent interim directions with a short statutory duration and emergency threshold (ss 5, 8, 11(1)–(5)).","Mandatory procedural fairness steps for remedial directions (notice, 14‑day submissions) but an emergency carve‑out for interim directions that constitute notice (s 10(2); s 11(3)).","Interplay and exclusion rules that bar remedial directions or proceedings where an enforceable undertaking is in effect or proceedings are already on foot, complicating timing and strategy (ss 14, 18).","Court enforcement routed through the Supreme Court with broad remedial powers (compliance, variation, costs and monitoring cost orders), introducing litigation and evidentiary burdens (ss 9, 16).","Time limit for commencing enforcement proceedings—Registrar cannot apply more than 2 years after becoming aware of the contravention—affecting evidence preservation and enforcement timing (s 17).","Recovery of ordered amounts as debts payable to the State and explicit ability to order payment of monitoring costs and proceeding costs, creating direct financial exposure for ELNOs (ss 9(3), 16(2)–(3), 16(5)).","Regulatory and transitional rule‑making power plus savings/transitional limits (regulations and Schedule 1), adding implementation complexity and temporary provisions (s 21; Schedule 1).","Protections from personal liability for the Registrar and those acting under direction, shifting liability to the Crown and affecting oversight and accountability dynamics (s 20)."],"plain_english_summary":"This Act creates enforcement tools for the Electronic Conveyancing National Law (NSW). \n\nIt lets the Registrar accept written undertakings, give remedial or urgent interim directions, and apply to the Supreme Court for enforcement orders and monetary penalties payable to the State (including up to $10 million and daily penalties for continuing breaches); it affects ELNOs, who face compliance obligations, costs and possible court orders, while the Registrar receives discretionary powers and limited personal immunity."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: creating enforcement mechanisms for the Electronic Conveyancing National Law. The scope has not expanded beyond regulating ELNOs and ensuring compliance with electronic conveyancing standards."},"complexity_factors":["Moderate cross-referencing to the Electronic Conveyancing National Law (NSW) — the Act relies heavily on definitions and concepts from that separate statute","Nested conditional logic in section 16(6) with tiered penalty structures ($10M vs $250K depending on which provision is breached)","Temporal limitations and interplay between enforcement mechanisms (e.g., section 14 and 18 prevent overlapping enforcement actions)","21-day sunset clause for interim directions with automatic conversion mechanics (section 11)","2-year limitation period for enforcement proceedings (section 17) with discovery-based trigger","Only 6 defined terms in section 4, but heavy reliance on external statutory definitions via section 4(2)"],"plain_english_summary":"**What this law does:**\n\nThis Act gives the NSW Registrar General (the \"Registrar\") a toolkit to enforce rules on Electronic Lodgment Network Operators (ELNOs) — the companies that run online systems for buying and selling property in Australia.\n\n**Who it affects:**\n\n* **ELNOs** — businesses like PEXA and Sympli that operate electronic conveyancing platforms\n* **The Registrar** — the government official who oversees land titles and now has stronger enforcement powers\n* **Property buyers and sellers** — indirectly, because the law aims to keep the electronic property transfer system secure and reliable\n\n**The three main enforcement tools:**\n\n1. **Enforceable undertakings (sections 5–9)** — The Registrar can accept a written promise from an ELNO to fix problems. If the ELNO breaks that promise, the Registrar can go to the Supreme Court to force compliance or get fines. Think of this as a \"deal\" to avoid court.\n\n2. **Remedial directions (sections 10–15)** — The Registrar can formally order an ELNO to fix specific problems within a set timeframe. In emergencies (like a cyber-attack threatening the land titles system), the Registrar can issue immediate \"interim\" directions that last up to 21 days. ELNOs can appeal these decisions.\n\n3. **Enforcement orders (sections 16–18)** — For serious breaches, the Registrar can sue in the Supreme Court for massive fines — up to **$10 million** for some violations, plus $250,000 per day for ongoing breaches. The court considers factors like whether the breach was deliberate and whether it damaged the land titles system.\n\n**Why it matters:**\n\nElectronic conveyancing handles billions of dollars in property transactions. This law ensures ELNOs face real consequences for cutting corners on security, system stability, or legal compliance — protecting everyone's property rights in the digital age."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient legislative text was provided to assess whether the Act's scope changed from its original intent. Only administrative metadata and website navigation content were included — the actual sections, clauses, and schedules of the Act are absent."},"complexity_factors":["The actual legislative text was not provided — only website navigation and metadata were supplied, making substantive analysis impossible","Electronic conveyancing as a subject area involves intersection of property law, technology regulation, and financial services compliance, which would ordinarily add complexity","Score is kept low because no operative provisions, definitions, or enforcement mechanisms are visible to assess"],"plain_english_summary":"The Electronic Conveyancing Enforcement Act 2022 (NSW) is a state law that strengthens enforcement of digital property transactions — affecting buyers, sellers, conveyancers, lawyers, lenders and e‑lodgement platform operators. It gives regulators clearer powers, penalties and compliance tools to ensure parties follow electronic conveyancing rules. Available text here didn’t include the detailed provisions, so specific obligations, penalties and powers can’t be confirmed from the supplied material; the Act commenced 14 November 2022 under the Minister for Customer Service and Digital Government."}},"importantCases":[],"_links":{"self":"/api/acts/electronic-conveyancing-enforcement-act-2022","history":"/api/acts/electronic-conveyancing-enforcement-act-2022/history","analysis":"/api/acts/electronic-conveyancing-enforcement-act-2022/analysis","conflicts":"/api/acts/electronic-conveyancing-enforcement-act-2022/conflicts","importantCases":"/api/acts/electronic-conveyancing-enforcement-act-2022/important-cases","documents":"/api/acts/electronic-conveyancing-enforcement-act-2022/documents"}}