{"id":"a-db-62259","name":"ELECTRONIC CONVEYANCING NATIONAL LAW (ACT)","slug":"electronic-conveyancing-national-law-act-","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":233497,"registerId":"act-electronic-conveyancing-national-law-act-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Client authorisations","content":"Subdivision 1 Client authorisations\n10 Client authorisations\n(1) A client authorisation is a document:\n(a) that is in the form required by the participation rules, and\n(b) by which a party to a conveyancing transaction authorises a\nsubscriber to do one or more things on that party’s behalf in\nconnection with the transaction so that the transaction, or part of\nthe transaction, can be completed electronically.\n\nPart 2 Electronic\nConveyancing\nDivision 2 Client authorisations and digital\nsignatures\nSection\n11\npage 10 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The following are examples of the things that a client authorisation\nmay authorise a subscriber to do:\n(a) to digitally sign registry instruments or other documents,\n(b) to present registry instruments or other documents for lodgment\nelectronically,\n(c) to authorise or complete any associated financial transaction.\n11 Effect of client authorisation\n(1) A properly completed client authorisation:\n(a) has effect according to its terms, and\n(b) is not a power of attorney for the purposes of any other law of\nthis jurisdiction relating to powers of attorney.\n(2) If a client authorisation is properly completed, the requirements of\nany other law of this jurisdiction relating to the execution, signing,\nwitnessing, attestation or sealing of documents must be regarded as\nhaving been fully satisfied.\n(3) Subsections (1) and (2) do not limit or affect the application of any\nlaw of this jurisdiction relating to powers of attorney in relation to:\n(a) the execution of a client authorisation under a power of attorney,\nor\n(b) a client authorisation executed under a power of attorney.\n","sortOrder":0},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Digital signatures","content":"Subdivision 2 Digital signatures\n12 Reliance on, and repudiation of, digital signatures\n(1A) In this section—\nfinancial institution means—\n(a) an authorised deposit-taking institution as defined in the\nBanking Act 1959 of the Commonwealth, section 5 (1), or\n\nElectronic\nConveyancing\nPart 2\nClient authorisations and digital\nsignatures\nDivision 2\nSection 12\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a bank constituted by a law of this jurisdiction or of another State\nor the Commonwealth.\n(1) If a subscriber’s digital signature is created for a registry instrument\nor other document in connection with a conveyancing transaction,\nthen:\n(a) unless that subscriber repudiates that digital signature, that\nregistry instrument or other document is to be taken to be signed\nby that subscriber, and\n(b) unless that subscriber repudiates that digital signature, that\ndigital signature is binding, in relation to that registry instrument\nor other document, on:\n(i) that subscriber, and\n(ii) all other persons (if any) for whom that subscriber acts\nunder a client authorisation with respect to that\nconveyancing transaction, and\n(c) unless that subscriber repudiates that digital signature, that\ndigital signature is binding, in relation to that registry instrument\nor other document, for the benefit of:\n(i) each of the parties to that conveyancing transaction, and\n(ii) each subscriber who acts under a client authorisation with\nrespect to that conveyancing transaction, and\n(iia) each ELNO whose ELN is used in connection with\nthat conveyancing transaction, and\n(iii) any person claiming through or under any person to whom\nsubparagraph (i) applies, and\n(iv) the Registrar, once that registry instrument or other\ndocument is lodged electronically in accordance with\nsection 7, and\n\nPart 2 Electronic\nConveyancing\nDivision 2 Client authorisations and digital\nsignatures\nSection\n12\npage 12 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(v) in the case of a document that contains a direction for the\npayment of money as part of that conveyancing transaction,\neach financial institution that pays or receives money in\naccordance with that direction, and\n(d) that subscriber cannot repudiate that digital signature except in\nthe circumstances set out in subsection (4).\n(2) Subsection (1) applies regardless of:\n(a) who created the subscriber’s digital signature, and\n(b) the circumstances (including fraud) in which the subscriber’s\ndigital signature was created.\n(3) Subsection (1) does not prevent the unsigning of a registry instrument\nor other document.\n(4) Despite subsections (1) and (2), a subscriber can repudiate the\nsubscriber’s digital signature with respect to a registry instrument or\nother document if the subscriber establishes:\n(a) that the digital signature was not created by the subscriber, and\n(b) that the digital signature was not created by a person who, at the\ntime the subscriber’s digital signature was created for the\nregistry instrument or other document:\n(i) was an employee, agent, contractor or officer (however\ndescribed) of the subscriber, and\n(ii) had the subscriber’s express or implied authority to create\nthe subscriber’s digital signature for any document or\ndocuments, and\n\nElectronic\nConveyancing\nPart 2\nClient authorisations and digital\nsignatures\nDivision 2\nSection 12\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) that neither of the following enabled the subscriber’s digital\nsignature to be created for the registry instrument or other\ndocument:\n(i) a failure by the subscriber, or any of the subscriber’s\nemployees, agents, contractors or officers, to fully comply\nwith the requirements of the participation rules,\n(ii) a failure by the subscriber, or any of the subscriber’s\nemployees, agents, contractors or officers, to take\nreasonable care.\n(5) For the purposes of subsection (4) (b) (ii), it does not matter whether\nthe authority was:\n(a) general, or\n(b) limited or restricted to documents of a particular class or to a\nparticular document or in any other way.\n\nPart 3 Electronic Lodgment\nNetworks\nDivision 1 Preliminary\nSection\n13\npage 14 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Electronic Lodgment Networks\nDivision 1 Preliminary\n13 Electronic Lodgment Network\n(1) An Electronic Lodgment Network (ELN) is an electronic system that\nenables the lodging of registry instruments and other documents in\nelectronic form for the purposes of the land titles legislation.\n(2) An ELN may also enable the preparation of registry instruments and\nother documents in electronic form for lodging under the land titles\nlegislation.\nDivision 2 Operation of Electronic Lodgment\nNetworks\n14 Registrar may provide and operate ELN\nThe Registrar may provide and operate an ELN.\n15 Registrar may approve ELNO to provide and operate ELN\n(1) The Registrar may approve a person as an Electronic Lodgment\nNetwork Operator (ELNO) to provide and operate an ELN.\n(2) The Registrar must not approve a person under this section unless the\nperson meets the qualifications for approval set out in the operating\nrequirements.\n(3) An approval under this section must be in writing and must state the\nperiod for which it is to have effect.\n(4) The Registrar may grant more than one approval under this section.\n\nElectronic Lodgment\nNetworks\nPart 3\nOperation of Electronic Lodgment\nNetworks\nDivision 2\nSection 16\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Conditions of approval as ELNO\n(1) The Registrar may attach conditions to an approval under section 15,\nand those conditions must be specified in the approval.\n(2) The Registrar may at any time, by notice in writing to the ELNO, vary\nor revoke the conditions attached to the approval of that ELNO or\nattach new or additional conditions.\n17 Effect of approval as ELNO\n(1) A person who is approved as an ELNO under section 15 may provide\nand operate an ELN:\n(a) for the period stated in the approval, and\n(b) subject to the conditions (if any) attached to the approval, and\n(c) in accordance with the operating requirements.\n(2) Subsection (1) is subject to sections 19 and 20.\n(3) In performing functions as an ELNO, a person approved under\nsection 15 is not and does not represent the State, and is not an agent\nof the State.\n(4) The approval of a person as an ELNO does not restrict or prevent the\nprovision, by that person, of services additional to those provided by\nthe ELN.\n(5) Subsection (4) is subject to the operating requirements.\n18 ELNO required to comply with operating requirements\nA person approved as an ELNO under section 15 must comply with\nthe operating requirements.\n\nPart 3 Electronic Lodgment\nNetworks\nDivision 2 Operation of Electronic Lodgment\nNetworks\nSection\n18A\npage 16 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":1},{"sectionNumber":"18A","sectionType":"section","heading":"ELNO required to establish and maintain interoperability","content":"18A ELNO required to establish and maintain interoperability\n(1) A person approved as an ELNO under section 15 must, in accordance\nwith the operating requirements, establish and maintain\ninteroperability between the ELN operated by the person and each\nELN operated by another ELNO.\n(2) The Registrar may waive compliance with the interoperability\nrequirement if the Registrar is satisfied that granting the waiver is\nreasonably necessary in all the circumstances.\n(3) A waiver under subsection (2) may—\n(a) be total or partial, and\n(b) apply to particular persons approved as an ELNO under\nsection 15 or particular classes of those persons, and\n(c) apply generally or be limited in its application by reference to\nspecified exceptions or factors, and\n(d) apply indefinitely or for a specified period, and\n(e) be unconditional or subject to conditions or restrictions.\n19 Renewal of approval as ELNO\n(1) The Registrar may renew an approval of a person as an ELNO under\nsection 15 if the Registrar is satisfied that the person meets the\nqualifications for renewal of approval set out in the operating\nrequirements.\n(2) The renewal of an approval under this section must be in writing and\nmust state the period for which the renewal is to have effect.\n(3) In renewing an approval, the Registrar may exercise the powers in\nsection 16 to attach conditions to the approval or vary or revoke\nconditions attached to the approval.\n\nElectronic Lodgment\nNetworks\nPart 3\nOperating requirements and participation\nrules\nDivision 3\nSection 20\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Revocation or suspension of approval as ELNO\nThe Registrar may revoke or suspend the approval of a person as an\nELNO in the circumstances set out in the operating requirements.\n21 Monitoring of activities in ELN\n(1) The Registrar may monitor activities in an ELN for any purpose,\nincluding (without limitation) for the purpose of maintaining the\nintegrity of the titles register.\n(2) This section does not limit Division 5.\nDivision 3 Operating requirements and\nparticipation rules\n22 Operating requirements for ELNOs\n(1) The Registrar may determine, in writing, requirements (operating\nrequirements) relating to:\n(a) the operation of an ELNO, and\n(b) the provision and operation, by an ELNO, of an ELN.\n(2) The operating requirements may (without limitation) include\nprovisions relating to the following matters:\n(a) the financial standing of an ELNO,\n(a1) changes in the control of an ELNO,\n(b) compliance with the participation rules, including (without\nlimitation):\n(i) requiring an ELNO to use a participation agreement when\nauthorising persons to use the ELN operated by the ELNO,\nand\n(ii) requiring participation agreements to incorporate the\nparticipation rules,\n\nPart 3 Electronic Lodgment\nNetworks\nDivision 3 Operating requirements and participation\nrules\nSection\n22\npage 18 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) interoperability, including, without limitation—\n(i) requiring an ELNO to enter into agreements with other\nELNOs with respect to interoperability, and\n(ii) specifying matters to be dealt with, and standard provisions\nto be included, in those agreements, and\n(iii) the resolution of disputes between an ELNO and other\nELNOs relating to interoperability,\n(c1) the technical and operational requirements for an ELN,\nincluding, without limitation, data standards and other\nrequirements relating to interoperability, for example, data\nstandards with respect to associated financial transactions,\n(c2) the integration of an ELN with other electronic systems,\n(c3) the separation of services provided by the ELN operated by an\nELNO from other services provided by the ELNO,\n(c4) fees and charges payable to an ELNO, including, without\nlimitation, principles relating to—\n(i) the setting and publication of fees and charges, and\n(ii) the apportionment of liability to pay fees and charges, and\n(iii) the circumstances in which fees and charges are not\npayable,\n(c5) the resolution of disputes between an ELNO and subscribers to\nthe ELN operated by the ELNO or clients of those subscribers,\n(c6) participation by an ELNO in a scheme for an industry code\nrelating to associated financial transactions and compliance by\nan ELNO with that code,\n(d) the insurance cover to be held by an ELNO,\n(e) the circumstances in which the Registrar may suspend or revoke\nthe approval of a person as an ELNO,\n\nElectronic Lodgment\nNetworks\nPart 3\nOperating requirements and participation\nrules\nDivision 3\nSection 23\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) the giving of directions to an ELNO by the Registrar, for\nexample a direction to restrict, suspend or terminate a\nsubscriber’s or other person’s use of the ELN operated by the\nELNO.\n23 Participation rules\n(1) The Registrar may determine, in writing, rules relating to the use of\nan ELN (participation rules).\n(2) The participation rules may (without limitation) include provisions\nrelating to the following matters:\n(a) the eligibility criteria for subscribers,\n(b) the obligations of subscribers, including (without limitation) any\nrepresentations or warranties they are required to give,\n(c) the circumstances in which a subscriber’s authority to use the\nELN may be restricted, suspended or terminated,\n(d) client authorisations,\n(e) the obligations of subscribers to verify the identity of their\nclients,\n(f) the certification of registry instruments and other documents for\nuse in connection with the ELN,\n(g) digital signing,\n(h) the retention of documents created or obtained in connection\nwith a subscriber’s use of an ELN,\n(i) compliance by subscribers with the participation rules, including\n(without limitation) how subscribers demonstrate compliance\nwith the rules, the procedures for notifying non- compliance and\nhow non-compliance may be remedied.\n\nPart 3 Electronic Lodgment\nNetworks\nDivision 3 Operating requirements and participation\nrules\nSection\n24\npage 20 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Registrar to have regard to nationally agreed model\noperating requirements and participation rules\n(1) In this section:\nmodel provisions means any model operating requirements or model\nparticipation rules from time to time developed and published by\nARNECC.\n(2) In determining operating requirements and participation rules under\nthis Law, and in determining changes to those requirements or rules,\nthe Registrar must have regard to the desirability of maintaining\nconsistency with any model provisions.\n25 Publication of operating requirements and participation\nrules\n(1) An operating requirement or a participation rule—\n(a) is a disallowable instrument; and\n(b) must be notified at least 20 business days before the requirement\nor rule commences.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n(2) However, if the Registrar is satisfied that an operating requirement or\na participation rule must be made urgently because an emergency\nsituation exists, the requirement or rule—\n(a) may state that because of an emergency situation the\nrequirement or rule commences on a stated day before the end\nof the 20 business days; and\n(b) commences on the stated day.\n\nElectronic Lodgment\nNetworks\nPart 3\nOperating requirements and participation\nrules\nDivision 3\nSection 26\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) For subsection (2), an emergency situation exists if the Registrar\nconsiders that because of the occurrence of an event or the existence\nof particular circumstances, the operation, security, integrity or\nstability of an ELN or the titles register or land titles system is being,\nor is likely to be, jeopardised.\n(4) If an operating requirement or a participation rule is notified less than\n20 business days before its proposed commencement and\nsubsection (2) does not apply—\n(a) the requirement or rule is valid; but\n(b) it commences on the 20th business day after its notification day.\n26 Subscribers required to comply with participation rules\n(1) A subscriber who is authorised under a participation agreement to use\nan ELN must comply with the participation rules relating to that ELN.\n(2) If a subscriber contravenes those participation rules, the Registrar\nmay:\n(a) if the Registrar operates the ELN, restrict, suspend or terminate\nthe subscriber’s use of the ELN, or\n(b) if an ELNO operates the ELN, direct the ELNO to restrict,\nsuspend or terminate the subscriber’s use of the ELN.\n(3) Subsection (2) does not limit or affect any right, power, authority or\nremedy that the Registrar or an ELNO has under the operating\nrequirements, the participation rules, a participation agreement or any\nother law of this jurisdiction in relation to contravention of the\nparticipation rules.\n\nPart 3 Electronic Lodgment\nNetworks\nDivision 4 Appeals\nSection\n27\npage 22 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27 Waiving compliance with operating requirements or\nparticipation rules\n(1) The Registrar may waive compliance with all or any provisions of the\noperating requirements or participation rules if the Registrar is\nsatisfied that granting the waiver is reasonable in all the\ncircumstances.\n(2) A waiver under this section may:\n(a) be total or partial, and\n(b) apply generally to all persons, or be limited in its application to\nparticular persons or particular classes of persons, and\n(c) apply generally or be limited in its application by reference to\nspecified exceptions or factors, and\n(d) apply indefinitely or for a specified period, and\n(e) be unconditional or subject to conditions or restrictions.\nDivision 4 Appeals\n28 Appeal against decisions of Registrar\n(1) A person who is the subject of any of the following decisions (an\nappellable decision) may require the Registrar to provide, in writing,\nthe grounds for the decision:\n(a) a decision by the Registrar to refuse to approve the person as an\nELNO,\n(b) a decision by the Registrar to refuse to renew the person’s\napproval as an ELNO,\n(c) a decision by the Registrar to suspend the person’s approval as\nan ELNO,\n(d) a decision by the Registrar to revoke the person’s approval as an\nELNO,\n\nElectronic Lodgment\nNetworks\nPart 3\nAppeals Division 4\nSection 29\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) a decision by the Registrar to attach a condition to the person’s\napproval as an ELNO, or to vary or revoke a condition of the\nperson’s approval as an ELNO, if the attachment, variation or\nrevocation of the condition is done without the person’s\nagreement,\n(f) a decision by the Registrar to restrict, suspend or terminate the\nperson’s use, as a subscriber, of an ELN operated by the\nRegistrar,\n(g) a decision by the Registrar to direct an ELNO to restrict, suspend\nor terminate the person’s use, as a subscriber, of the ELN\noperated by the ELNO.\n(2) A person who is the subject of an appellable decision and who has\nreceived written grounds for the decision from the Registrar under\nsubsection (1) or otherwise may appeal against the decision to the\nresponsible tribunal.\n29 Determination of appeal\n(1) After hearing the appeal, the responsible tribunal may:\n(a) confirm the appellable decision, or\n(b) amend the appellable decision, or\n(c) substitute another decision for the appellable decision.\n(2) In amending the appellable decision or substituting another decision\nfor the appellable decision, the responsible tribunal has the same\npowers as the Registrar under this Law.\n\nPart 3 Electronic Lodgment\nNetworks\nDivision 5 Compliance examinations\nSection\n30\npage 24 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n30 Costs\n(1) The responsible tribunal may make any order about costs it considers\nappropriate for the proceedings under this Division.\n(2) This section does not apply if the responsible tribunal has power\nunder another law of this jurisdiction to make an order about costs for\nproceedings under this Division.\n31 Relationship with Act establishing responsible tribunal\nThis Division:\n(a) applies despite any provision to the contrary of the Act that\nestablishes or continues the responsible tribunal, but\n(b) does not otherwise limit:\n(i) that Act, or\n(ii) any rules, regulations or other instrument regulating the\npractice or procedure of the responsible tribunal.\nDivision 5 Compliance examinations\n32 Definitions\nIn this Division:\nELNO includes a former ELNO.\nsubscriber includes a former subscriber.\n\nElectronic Lodgment\nNetworks\nPart 3\nCompliance\nexaminations\nDivision 5\nSection 33\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n33 Compliance examinations\nThe Registrar may, on receiving a request or complaint from any\nperson or on the Registrar’s own initiative, conduct an investigation\n(compliance examination) under this Part:\n(a) in relation to an ELNO for any of the following purposes:\n(i) ascertaining whether or not the operating requirements are\nbeing, or have been, complied with,\n(ia) ascertaining whether or not the interoperability\nrequirement is being, or has been, complied with,\n(ii) investigating any suspected or alleged case of misconduct\nwith respect to the operation of an ELN, or\n(b) in relation to a subscriber for either or both of the following\npurposes:\n(i) ascertaining whether or not the participation rules are\nbeing, or have been, complied with,\n(ii) investigating any suspected or alleged case of misconduct\nwith respect to the use of an ELN.\n34 Obligation to cooperate with examination\n(1) An ELNO or a subscriber in relation to whom a compliance\nexamination is being conducted must cooperate fully with the person\nconducting the compliance examination for the purpose of ensuring\nthat the person is able to conduct a proper compliance examination.\n(2) In particular, an ELNO or a subscriber must comply with any\nreasonable requirement by the person conducting the compliance\nexamination:\n(a) to furnish specified information or to produce specified\ndocuments for the purposes of the compliance examination, or\n\nPart 3 Electronic Lodgment\nNetworks\nDivision 5 Compliance examinations\nSection\n34\npage 26 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) to take specified action for the purposes of the compliance\nexamination.\n(3) If an ELNO fails, without reasonable excuse, to cooperate as required\nby this section, the Registrar may take any action that the Registrar is\nauthorised to take under the operating requirements and that the\nRegistrar considers appropriate, which may include (without\nlimitation) the suspension or revocation of the ELNO’s approval\nunder section 20.\n(4) If a subscriber fails, without reasonable excuse, to cooperate as\nrequired by this section, the Registrar may take any action that the\nRegistrar is authorised to take under the operating requirements, the\nparticipation rules or the land titles legislation and that the Registrar\nconsiders appropriate.\n(5) For the purposes of subsections (3) and (4), it is not a reasonable\nexcuse for a person to fail to give stated information, answer a\nquestion or to produce a document that giving the information,\nanswering the question or producing the document might tend to\nincriminate the person or make the person liable to a penalty.\n(6) However, the following is not admissible in evidence against an\nindividual in a criminal proceeding:\n(a) information provided by an individual in compliance with a\nrequirement made under this section,\n(b) an answer given by an individual in response to a question asked\nunder this section,\n(c) a document produced by an individual in compliance with a\nrequirement made under this section (other than a document to\nwhich subsection (7) applies),\n(d) information directly or indirectly derived from:\n(i) information mentioned in paragraph (a), or\n(ii) an answer mentioned in paragraph (b), or\n\nElectronic Lodgment\nNetworks\nPart 3\nCompliance\nexaminations\nDivision 5\nSection 35\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) a document mentioned in paragraph (c) (other than a\ndocument to which subsection (7) applies).\n(7) A document produced by an individual in compliance with a\nrequirement made under this section is not inadmissible in evidence\nagainst the individual in a criminal proceeding on the ground that the\ndocument might incriminate the individual if the document is\nrequired to be kept under this Law, the land titles legislation, the\noperating requirements or the participation rules.\n(8) Subsection (6) does not apply to:\n(a) a proceeding about the false or misleading nature of anything in\nthe information, answer or document, or\n(b) a proceeding in which the false or misleading nature of the\ninformation, answer or document is relevant evidence.\n35 Registrar may refer matter to appropriate authority\n(1) In this section:\nappropriate authority:\n(a) means a person, body or organisation who or which is\nempowered by a law of this jurisdiction or of another State or\nthe Commonwealth to take investigatory, disciplinary or other\naction, and\n(b) includes (without limiting paragraph (a)):\n(i) a law enforcement agency, and\n(ii) a regulatory or disciplinary body for persons engaged in\nany profession, occupation, calling or business, and\n(iii) another registrar.\n\nPart 3 Electronic Lodgment\nNetworks\nDivision 5 Compliance examinations\nSection\n36\npage 28 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Instead of conducting a compliance examination in relation to a\nmatter, or at any time during a compliance examination or after the\ncompletion of a compliance examination in relation to a matter, the\nRegistrar may refer the matter to an appropriate authority.\n(3) If the Registrar refers a matter to an appropriate authority, the\nRegistrar is not obliged to take any other action in relation to the\nmatter.\n(4) The Registrar may refer a matter to an appropriate authority despite\nany law of this jurisdiction relating to privacy or confidentiality.\n(4) If the Registrar refers a matter to an appropriate authority, the\nRegistrar may give the appropriate authority any information held by\nthe Registrar that is reasonably relevant to the matter.\n36 Land titles legislation not limited\nNothing in this Division limits or affects any provision of the land\ntitles legislation that authorises or permits any investigation, inquiry\nor examination of any kind.\n\nMiscellaneous Part 4\nDelegation Division 1\nSection 37\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Delegation","content":"Division 1 Delegation\n37 Delegation by Registrar\n(1) The Registrar may delegate the following to any other person:\n(a) the power conferred by section 21 to monitor activities in an\nELN,\n(b) any function under Division 5 of Part 3,\n(c) the power conferred by section 44 to approve forms.\n(2) The Registrar may, in an instrument of delegation, authorise the\nperson to whom a power or function is delegated to subdelegate that\npower or function.\nDivision 2 Liability of Registrar\n","sortOrder":3},{"sectionNumber":"38","sectionType":"section","heading":"Registrar not obliged to monitor ELN or conduct","content":"38 Registrar not obliged to monitor ELN or conduct\ncompliance examination\nThe Registrar is not obliged:\n(a) to monitor activities in an ELN under section 21, or\n(b) to conduct or complete a compliance examination under\nDivision 5 of Part 3.\n\nPart 4 Miscellaneous\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Liability of Registrar","content":"Division 2 Liability of Registrar\nSection\n39\npage 30 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":5},{"sectionNumber":"39","sectionType":"section","heading":"No compensation","content":"39 No compensation\nNo person is entitled to receive compensation for any loss or damage\narising out of anything done or omitted in good faith in, or in\nconnection with, the monitoring of activities in an ELN under\nsection 21 or the conduct of a compliance examination under\n","sortOrder":6},{"sectionNumber":"Div 5","sectionType":"division","heading":"of Part 3, including (without limitation):","content":"Division 5 of Part 3, including (without limitation):\n(a) any decision made, in good faith, not to monitor activities in an\nELN or not to conduct a compliance examination, and\n(b) any decision made, in good faith, as to how activities in an ELN\nare to be monitored or how a compliance examination is to be\nconducted.\n","sortOrder":7},{"sectionNumber":"40","sectionType":"section","heading":"Registrar not responsible for additional services provided","content":"40 Registrar not responsible for additional services provided\nby ELNO or associated financial transactions\n(1) The mere fact that an ELNO provides services that are additional to\nthose provided by the ELN operated by that ELNO does not make the\nRegistrar responsible for the regulation or operation of those\nadditional services.\n(2) The mere fact that the operating requirements include provisions\nrelating to the following matters does not make the Registrar\nresponsible for the regulation or conduct of associated financial\ntransactions—\n(a) data standards relating to those transactions,\n(b) participation by an ELNO in a scheme for an industry code\nrelating to those transactions and compliance by an ELNO with\nthat code.\n\nMiscellaneous Part 4\nRelationship with other\nlaws\nDivision 3\nSection 41\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":8},{"sectionNumber":"Div 3","sectionType":"division","heading":"Relationship with other laws","content":"Division 3 Relationship with other laws\n","sortOrder":9},{"sectionNumber":"41","sectionType":"section","heading":"Other laws relating to electronic transactions not affected","content":"41 Other laws relating to electronic transactions not affected\nThis Law is in addition to, and not in substitution for:\n(a) the laws of this jurisdiction in relation to electronic transactions,\nand\n(b) any other law of this jurisdiction that authorises or permits the\nuse of electronic documents for the purposes of the land titles\nlegislation.\n","sortOrder":10},{"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\nIf any provision of the land titles legislation empowers the making of\nan instrument of a legislative or administrative character, or the doing\nof any other act or thing, that power is to be construed (with all\nnecessary changes) as including a general power to make instruments\nof that character, or to do that act or thing, for the purposes of this\nLaw.\nDivision 4 Other matters\n","sortOrder":11},{"sectionNumber":"43","sectionType":"section","heading":"Registrar authorised to disclose certain information","content":"43 Registrar authorised to disclose certain information\n(1) The Registrar may disclose information about the following matters\nto ARNECC, another registrar or a person or body who or which has\nfunctions under, or responsibility for the administration or oversight\nof, this Law or the land titles legislation—\n(a) an ELNO’s compliance with the operating requirements or\nthe interoperability requirement,\n(b) a subscriber’s compliance with the participation rules,\n(c) a compliance examination conducted under Part 3, Division 5,\n(d) any other matter relating to the performance of the Registrar’s\nfunctions under this Law.\n\nPart 4 Miscellaneous\n","sortOrder":12},{"sectionNumber":"Div 4","sectionType":"division","heading":"Other matters","content":"Division 4 Other matters\nSection\n44\npage 32 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The Registrar may disclose the information despite any law of this\njurisdiction relating to privacy or confidentiality.\n(3) This section does not limit or affect section 35 or any power or duty\nof the Registrar under the land titles legislation or any other law of\nthis jurisdiction to disclose the information.\n","sortOrder":13},{"sectionNumber":"44","sectionType":"section","heading":"Forms","content":"44 Forms\nThe Registrar may approve forms for use under this Law.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nPreliminary Part 1\nSection\n1\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Miscellaneous provisions\nrelating to interpretation\n(Section 4)\n","sortOrder":14},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1 Preliminary\n1 Displacement of Schedule by contrary intention\nThe application of this Schedule may be displaced, wholly or partly,\nby a contrary intention appearing in this Law.\nPart 2 General\n2 Law to be construed not to exceed legislative power of\nLegislature\n(1) This Law is to be construed as operating to the full extent of, but so\nas not to exceed, the legislative power of the Legislature of this\njurisdiction.\n(2) If a provision of this Law, or the application of a provision of this\nLaw to a person, subject matter or circumstance, would, but for this\nclause, be construed as being in excess of the legislative power of the\nLegislature of this jurisdiction:\n(a) it is a valid provision to the extent to which it is not in excess of\nthe power, and\n(b) the remainder of this Law, and the application of the provision\nto other persons, subject matters or circumstances, is not\naffected.\n(3) This clause applies to this Law in addition to, and without limiting\nthe effect of, any provision of this Law.\n\nSchedule 1 Miscellaneous provisions relating to interpretation\nPart 2 General\nSection 3\npage 34 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Every section to be a substantive enactment\nEvery section of this Law has effect as a substantive enactment\nwithout introductory words.\n4 Material that is, and is not, part of this Law\n(1) The heading to a Part, Division or Subdivision into which this Law is\ndivided is part of this Law.\n(2) A Schedule to this Law is part of this Law.\n(3) Punctuation in this Law is part of this Law.\n(4) A heading to a section or subsection of this Law does not form part\nof this Law.\n(5) Notes included in this Law (including footnotes and endnotes) do not\nform part of this Law.\n5 References to particular Acts and to enactments\nIn this Law:\n(a) an Act of this jurisdiction may be cited:\n(i) by its short title, or\n(ii) by reference to the year in which it was passed and its\nnumber, and\n(b) a Commonwealth Act may be cited:\n(i) by its short title, or\n(ii) in another way sufficient in a Commonwealth Act for the\ncitation of such an Act,\ntogether with a reference to the Commonwealth, and\n\nMiscellaneous provisions relating to interpretation Schedule 1\nGeneral Part 2\nSection\n6\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) an Act of another jurisdiction may be cited:\n(i) by its short title, or\n(ii) in another way sufficient in an Act of the jurisdiction for\nthe citation of such an Act,\ntogether with a reference to the jurisdiction.\n","sortOrder":15},{"sectionNumber":"6","sectionType":"section","heading":"References taken to be included in Act or Law citation etc","content":"6 References taken to be included in Act or Law citation etc\n(1) A reference in this Law to an Act includes a reference to:\n(a) the Act as originally enacted, and as amended from time to time\nsince its original enactment, and\n(b) if the Act has been repealed and re-enacted (with or without\nmodification) since the enactment of the reference, the Act as\nre-enacted, and as amended from time to time since its re-\nenactment.\n(2) A reference in this Law to a provision of this Law or of an Act\nincludes a reference to:\n(a) the provision as originally enacted, and as amended from time\nto time since its original enactment, and\n(b) if the provision has been omitted and re-enacted (with or without\nmodification) since the enactment of the reference, the provision\nas re-enacted, and as amended from time to time since its re-\nenactment.\n(3) Subclauses (1) and (2) apply to a reference in this Law to a law of the\nCommonwealth or another jurisdiction as they apply to a reference in\nthis Law to an Act and to a provision of an Act.\n\nSchedule 1 Miscellaneous provisions relating to interpretation\nPart 2 General\nSection 7\npage 36 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":16},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation best achieving Law’s purpose","content":"7 Interpretation best achieving Law’s purpose\n(1) In the interpretation of a provision of this Law, the interpretation that\nwill best achieve the purpose or object of this Law is to be preferred\nto any other interpretation.\n(2) Subclause (1) applies whether or not the purpose is expressly stated\nin this Law.\n","sortOrder":17},{"sectionNumber":"8","sectionType":"section","heading":"Use of extrinsic material in interpretation","content":"8 Use of extrinsic material in interpretation\n(1) In this clause:\nextrinsic material means relevant material not forming part of this\nLaw, including, for example:\n(a) material that is set out in the document containing the text of this\nLaw as printed by the Government Printer, and\n(b) a relevant report of a Royal Commission, Law Reform\nCommission, commission or committee of inquiry, or a similar\nbody, that was laid before the Parliament of this jurisdiction\nbefore the provision concerned was enacted, and\n(c) a relevant report of a committee of the Parliament of this\njurisdiction that was made to the Parliament before the provision\nwas enacted, and\n(d) a treaty or other international agreement that is mentioned in this\nLaw, and\n(e) an explanatory note or memorandum relating to the Bill that\ncontained the provision, or any relevant document, that was laid\nbefore, or given to the members of, the Parliament of this\njurisdiction by the member bringing in the Bill before the\nprovision was enacted, and\n(f) the speech made to the Parliament of this jurisdiction by the\nmember in moving a motion that the Bill be read a second time,\nand\n\nMiscellaneous provisions relating to interpretation Schedule 1\nGeneral Part 2\nSection\n8\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) material in the Votes and Proceedings of the Parliament of this\njurisdiction or in any official record of debates in the Parliament\nof this jurisdiction, and\n(h) a document that is declared by this Law to be a relevant\ndocument for the purposes of this clause.\nordinary meaning means the ordinary meaning conveyed by a\nprovision having regard to its context in this Law and to the purpose\nof this Law.\n(2) Subject to subclause (3), in the interpretation of a provision of this\nLaw, consideration may be given to extrinsic material capable of\nassisting in the interpretation:\n(a) if the provision is ambiguous or obscure, to provide an\ninterpretation of it, or\n(b) if the ordinary meaning of the provision leads to a result that is\nmanifestly absurd or is unreasonable, to provide an\ninterpretation that avoids such a result, or\n(c) in any other case, to confirm the interpretation conveyed by the\nordinary meaning of the provision.\n(3) In determining whether consideration should be given to extrinsic\nmaterial, and in determining the weight to be given to extrinsic\nmaterial, regard is to be had to:\n(a) the desirability of a provision being interpreted as having its\nordinary meaning, and\n(b) the undesirability of prolonging proceedings without\ncompensating advantage, and\n(c) other relevant matters.\n\nSchedule 1 Miscellaneous provisions relating to interpretation\n","sortOrder":18},{"sectionNumber":"Part 2","sectionType":"part","heading":"General","content":"Part 2 General\nSection 9\npage 38 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":19},{"sectionNumber":"9","sectionType":"section","heading":"Effect of change of drafting practice","content":"9 Effect of change of drafting practice\nIf:\n(a) a provision of this Law expresses an idea in particular words,\nand\n(b) a provision enacted later appears to express the same idea in\ndifferent words for the purpose of implementing a different\nlegislative drafting practice, including, for example:\n(i) the use of a clearer or simpler style, or\n(ii) the use of gender neutral language,\nthe ideas must not be taken to be different merely because different\nwords are used.\n","sortOrder":20},{"sectionNumber":"10","sectionType":"section","heading":"Use of examples","content":"10 Use of examples\nIf this Law includes an example of the operation of a provision:\n(a) the example is not exhaustive, and\n(b) the example does not limit, but may extend, the meaning of the\nprovision, and\n(c) the example and the provision are to be read in the context of\neach other and the other provisions of this Law, but, if the\nexample and the provision so read are inconsistent, the provision\nprevails.\n","sortOrder":21},{"sectionNumber":"11","sectionType":"section","heading":"Compliance with forms","content":"11 Compliance with forms\n(1) If a form is prescribed or approved by or for the purpose of this Law,\nstrict compliance with the form is not necessary and substantial\ncompliance is sufficient.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nTerms and references Part 3\nSection\n12\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If a form prescribed or approved by or for the purpose of this Law\nrequires:\n(a) the form to be completed in a specified way, or\n(b) specified information or documents to be included in, attached\nto or given with the form, or\n(c) the form, or information or documents included in, attached to\nor given with the form, to be verified in a specified way,\nthe form is not properly completed unless the requirement is complied\nwith.\nPart 3 Terms and references\n","sortOrder":22},{"sectionNumber":"12","sectionType":"section","heading":"Definitions","content":"12 Definitions\n(1) In this Law:\nAct means an Act of the Legislature of this jurisdiction.\nadult means an individual who is 18 or more.\naffidavit, in relation to a person allowed by law to affirm, declare or\npromise, includes affirmation, declaration and promise.\namend includes:\n(a) omit or omit and substitute, or\n(b) alter or vary, or\n(c) amend by implication.\nappoint includes reappoint.\nAustralia means the Commonwealth of Australia but, when used in a\ngeographical sense, does not include an external Territory.\n\nSchedule 1 Miscellaneous provisions relating to interpretation\nPart 3 Terms and references\nSection 12\npage 40 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nbusiness day means a day that is not:\n(a) a Saturday or Sunday, or\n(b) a public holiday, special holiday or bank holiday in the place in\nwhich any relevant act is to be or may be done.\ncalendar month means a period starting at the beginning of any day\nof one of the 12 named months and ending:\n(a) immediately before the beginning of the corresponding day of\nthe next named month, or\n(b) if there is no such corresponding day, at the end of the next\nnamed month.\ncalendar year means a period of 12 months beginning on 1 January.\ncommencement, in relation to this Law or an Act or a provision of\nthis Law or an Act, means the time at which this Law, the Act or\nprovision comes into operation.\nCommonwealth means the Commonwealth of Australia but, when\nused in a geographical sense, does not include an external Territory.\nconfer, in relation to a function, includes impose.\ncontravene includes fail to comply with.\ncountry includes:\n(a) a federation, or\n(b) a state, province or other part of a federation.\ndate of assent, in relation to an Act, means the day on which the Act\nreceives the Royal Assent.\ndefinition means a provision of this Law (however expressed) that:\n(a) gives a meaning to a word or expression, or\n(b) limits or extends the meaning of a word or expression.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nTerms and references Part 3\nSection\n12\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndocument means any record of information however recorded, and\nincludes:\n(a) anything on which there is writing, or\n(b) anything on which there are marks, figures, symbols or\nperforations having a meaning for persons qualified to interpret\nthem, or\n(c) anything from which sounds, images or writings can be\nreproduced with or without the aid of anything else, or\n(d) a map, plan, drawing or photograph, or\n(e) any record of information that exists in a digital form and is\ncapable of being reproduced, transmitted, stored and duplicated\nby electronic means.\nexpire includes lapse or otherwise cease to have effect.\nexternal Territory means a Territory, other than an internal Territory,\nfor the government of which as a Territory provision is made by a\nCommonwealth Act.\nfail includes refuse.\nfinancial year means a period of 12 months beginning on 1 July.\nforeign country means a country (whether or not an independent\nsovereign State) outside Australia and the external Territories.\nfunction includes a power, authority or duty.\nGazette means the Government Gazette of this jurisdiction.\nGazette notice means notice published in the Gazette.\ngazetted means published in the Gazette.\nGovernment Printer means the Government Printer of this\njurisdiction, and includes any other person authorised by the\nGovernment of this jurisdiction to print an Act or instrument.\n\nSchedule 1 Miscellaneous provisions relating to interpretation\nPart 3 Terms and references\nSection 12\npage 42 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nindividual means a natural person.\ninsert, in relation to a provision of this Law, includes substitute.\ninstrument includes a statutory instrument.\ninternal Territory means the Australian Capital Territory, the Jervis\nBay Territory or the Northern Territory.\nJervis Bay Territory means the Territory mentioned in the Jervis Bay\nTerritory Acceptance Act 1915 (Commonwealth).\nmake includes issue or grant.\nminor means an individual who is under 18.\nmodification includes addition, omission or substitution.\nmonth means a calendar month.\nnamed month means 1 of the 12 months of the year.\nNorthern Territory means the Northern Territory of Australia.\nnumber means:\n(a) a number expressed in figures or words, or\n(b) a letter, or\n(c) a combination of a number so expressed and a letter.\noath, in relation to a person allowed by law to affirm, declare or\npromise, includes affirmation, declaration or promise.\noffice includes position.\nomit, in relation to a provision of this Law or an Act, includes repeal.\nparty includes an individual or a body politic or corporate.\npenalty includes forfeiture or punishment.\nperson includes an individual or a body politic or corporate.\npower includes authority.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nTerms and references Part 3\nSection\n12\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprinted includes typewritten, lithographed or reproduced by any\nmechanical or electronic means.\nproceeding means a legal or other action or proceeding.\nprovision, in relation to this Law or an Act, means words or other\nmatter that form or forms part of this Law or the Act, and includes:\n(a) a Chapter, Part, Division, Subdivision, section, subsection,\nparagraph, subparagraph, sub- subparagraph or Schedule of or\nto this Law or the Act, or\n(b) a section, clause, subclause, item, column, table or form of or in\na Schedule to this Law or the Act, or\n(c) the long title and any preamble to the Act.\nrecord includes information stored or recorded by means of a\ncomputer.\nrepeal includes:\n(a) revoke or rescind, or\n(b) repeal by implication, or\n(c) abrogate or limit the effect of this Law or the instrument\nconcerned, or\n(d) exclude from, or include in, the application of this Law or the\ninstrument concerned any person, subject matter or\ncircumstance.\nsign includes the affixing of a seal or the making of a mark.\nstatutory declaration means a declaration made under an Act, or\nunder a Commonwealth Act or an Act of another jurisdiction, that\nauthorises a declaration to be made otherwise than in the course of a\njudicial proceeding.\n\nSchedule 1 Miscellaneous provisions relating to interpretation\nPart 3 Terms and references\nSection 13\npage 44 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nstatutory instrument means an instrument made or in force under or\nfor the purposes of this Law, and includes an instrument made or in\nforce under any such instrument.\nswear, in relation to a person allowed by law to affirm, declare or\npromise, includes affirm, declare or promise.\nword includes any symbol, figure or drawing.\nwriting includes any mode of representing or reproducing words in a\nvisible form.\n(2) In a statutory instrument:\nthe Law means this Law.\n","sortOrder":23},{"sectionNumber":"13","sectionType":"section","heading":"Provisions relating to defined terms and gender and","content":"13 Provisions relating to defined terms and gender and\nnumber\n(1) If this Law defines a word or expression, other parts of speech and\ngrammatical forms of the word or expression have corresponding\nmeanings.\n(2) Definitions in or applicable to this Law apply except so far as the\ncontext or subject matter otherwise indicates or requires.\n(3) In this Law, words indicating a gender include each other gender.\n(4) In this Law:\n(a) words in the singular include the plural, and\n(b) words in the plural include the singular.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nTerms and references Part 3\nSection\n14\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":24},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of “may” and “must” etc","content":"14 Meaning of “may” and “must” etc\n(1) In this Law, the word may, or a similar word or expression, used in\nrelation to a power indicates that the power may be exercised or not\nexercised, at discretion.\n(2) In this Law, the word must, or a similar word or expression, used in\nrelation to a power indicates that the power is required to be\nexercised.\n(3) This clause has effect despite any rule of construction to the contrary.\n","sortOrder":25},{"sectionNumber":"15","sectionType":"section","heading":"Words and expressions used in statutory instruments","content":"15 Words and expressions used in statutory instruments\n(1) Words and expressions used in a statutory instrument have the same\nmeanings as they have, from time to time, in this Law, or relevant\nprovisions of this Law, under or for the purposes of which the\ninstrument is made or in force.\n(2) This clause has effect in relation to an instrument except so far as the\ncontrary intention appears in the instrument.\n","sortOrder":26},{"sectionNumber":"16","sectionType":"section","heading":"Effect of express references to bodies corporate and","content":"16 Effect of express references to bodies corporate and\nindividuals\nIn this Law, a reference to a person generally (whether the expression\n“person”, “party”, “someone”, “anyone”, “no-one”, “one”, “another”\nor “whoever” or another expression is used):\n(a) does not exclude a reference to a body corporate or an individual\nmerely because elsewhere in this Law there is particular\nreference to a body corporate (however expressed), and\n(b) does not exclude a reference to a body corporate or an individual\nmerely because elsewhere in this Law there is particular\nreference to an individual (however expressed).\n\nSchedule 1 Miscellaneous provisions relating to interpretation\n","sortOrder":27},{"sectionNumber":"Part 3","sectionType":"part","heading":"Terms and references","content":"Part 3 Terms and references\nSection 17\npage 46 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":28},{"sectionNumber":"17","sectionType":"section","heading":"Production of records kept in computers etc","content":"17 Production of records kept in computers etc\nIf a person who keeps a record of information by means of a\nmechanical, electronic or other device is required by or under this\nLaw:\n(a) to produce the information or a document containing the\ninformation to a court, tribunal or person, or\n(b) to make a document containing the information available for\ninspection by a court, tribunal or person,\nthen, unless the court, tribunal or person otherwise directs:\n(c) the requirement obliges the person to produce or make available\nfor inspection, as the case may be, a document that reproduces\nthe information in a form capable of being understood by the\ncourt, tribunal or person, and\n(d) the production to the court, tribunal or person of the document\nin that form complies with the requirement.\n","sortOrder":29},{"sectionNumber":"18","sectionType":"section","heading":"References to this jurisdiction to be implied","content":"18 References to this jurisdiction to be implied\nIn this Law:\n(a) a reference to an officer, office or statutory body is a reference\nto such an officer, office or statutory body in and for this\njurisdiction, and\n(b) a reference to a locality or other matter or thing is a reference to\nsuch a locality or other matter or thing in and of this jurisdiction.\n","sortOrder":30},{"sectionNumber":"19","sectionType":"section","heading":"References to officers and holders of offices","content":"19 References to officers and holders of offices\nIn this Law, a reference to a particular officer, or to the holder of a\nparticular office, includes a reference to the person for the time being\noccupying or acting in the office concerned.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nTerms and references Part 3\nSection\n20\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":31},{"sectionNumber":"20","sectionType":"section","heading":"Reference to certain provisions of Law","content":"20 Reference to certain provisions of Law\nIf a provision of this Law refers:\n(a) to a Part, section or Schedule by a number and without reference\nto this Law, the reference is a reference to the Part, section or\nSchedule, designated by the number, of or to this Law, or\n(b) to a Schedule without reference to it by a number and without\nreference to this Law, the reference, if there is only one Schedule\nto this Law, is a reference to the Schedule, or\n(c) to a Division, Subdivision, subsection, paragraph, subparagraph,\nsub-subparagraph, clause, subclause, item, column, table or\nform by a number and without reference to this Law, the\nreference is a reference to:\n(i) the Division, designated by the number, of the Part in\nwhich the reference occurs, and\n(ii) the Subdivision, designated by the number, of the Division\nin which the reference occurs, and\n(iii) the subsection, designated by the number, of the section in\nwhich the reference occurs, and\n(iv) the paragraph, designated by the number, of the section,\nsubsection, Schedule or other provision in which the\nreference occurs, and\n(v) the paragraph, designated by the number, of the clause,\nsubclause, item, column, table or form of or in the Schedule\nin which the reference occurs, and\n(vi) the subparagraph, designated by the number, of the\nparagraph in which the reference occurs, and\n\nSchedule 1 Miscellaneous provisions relating to interpretation\nPart 4 Functions and powers\nSection 21\npage 48 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(vii) the sub-subparagraph, designated by the number, of the\nsubparagraph in which the reference occurs, and\n(viii) the section, clause, subclause, item, column, table or form,\ndesignated by the number, of or in the Schedule in which\nthe reference occurs,\nas the case requires.\n","sortOrder":32},{"sectionNumber":"21","sectionType":"section","heading":"Reference to provisions of this Law or an Act is inclusive","content":"21 Reference to provisions of this Law or an Act is inclusive\nIn this Law, a reference to a portion of this Law or an Act includes:\n(a) a reference to the Chapter, Part, Division, Subdivision, section,\nsubsection or other provision of this Law or the Act referred to\nthat forms the beginning of the portion, and\n(b) a reference to the Chapter, Part, Division, Subdivision, section,\nsubsection or other provision of this Law or the Act referred to\nthat forms the end of the portion.\nExample\nA reference to “sections 5 to 9” includes both section 5 and section 9. It is not\nnecessary to refer to “sections 5 to 9 (both inclusive)” to ensure that the reference\nis given an inclusive interpretation.\nPart 4 Functions and powers\n","sortOrder":33},{"sectionNumber":"22","sectionType":"section","heading":"Performance of statutory functions","content":"22 Performance of statutory functions\n(1) If this Law confers a function or power on a person or body, the\nfunction may be performed, or the power may be exercised, from time\nto time as occasion requires.\n(2) If this Law confers a function or power on a particular officer or the\nholder of a particular office, the function may be performed, or the\npower may be exercised, by the person for the time being occupying\nor acting in the office concerned.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nFunctions and powers Part 4\nSection\n23\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If this Law confers a function or power on a body (whether or not\nincorporated), the performance of the function, or the exercise of the\npower, is not affected merely because of vacancies in the membership\nof the body.\n","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Power to make instrument or decision includes power to","content":"23 Power to make instrument or decision includes power to\namend or repeal\nIf this Law authorises or requires the making of an instrument or\ndecision:\n(a) the power includes power to amend or repeal the instrument or\ndecision, and\n(b) the power to amend or repeal the instrument or decision is\nexercisable in the same way, and subject to the same conditions,\nas the power to make the instrument or decision.\n","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":"Matters for which statutory instruments may make","content":"24 Matters for which statutory instruments may make\nprovision\n(1) If this Law authorises or requires the making of a statutory instrument\nin relation to a matter, a statutory instrument made under this Law\nmay make provision for the matter by applying, adopting or\nincorporating (with or without modification) the provisions of:\n(a) an Act or statutory instrument, or\n(b) another document (whether of the same or a different kind),\nas in force at a particular time or as in force from time to time.\n(2) If a statutory instrument applies, adopts or incorporates the provisions\nof a document, the statutory instrument applies, adopts or\nincorporates the provisions as in force from time to time, unless the\nstatutory instrument otherwise expressly provides.\n\nSchedule 1 Miscellaneous provisions relating to interpretation\nPart 4 Functions and powers\nSection 24\npage 50 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A statutory instrument may:\n(a) apply generally throughout this jurisdiction or be limited in its\napplication to a particular part of this jurisdiction, or\n(b) apply generally to all persons, matters or things or be limited in\nits application to:\n(i) particular persons, matters or things, or\n(ii) particular classes of persons, matters or things, or\n(c) otherwise apply generally or be limited in its application by\nreference to specified exceptions or factors.\n(4) A statutory instrument may:\n(a) apply differently according to different specified factors, or\n(b) otherwise make different provision in relation to:\n(i) different persons, matters or things, or\n(ii) different classes of persons, matters or things.\n(5) A statutory instrument may authorise a matter or thing to be from time\nto time determined, applied or regulated by a specified person or\nbody.\n(6) If this Law authorises or requires a matter to be regulated by statutory\ninstrument, the power may be exercised by prohibiting by statutory\ninstrument the matter or any aspect of the matter.\n(7) If this Law authorises or requires provision to be made with respect\nto a matter by statutory instrument, a statutory instrument made under\nthis Law may make provision with respect to a particular aspect of\nthe matter despite the fact that provision is made by this Law in\nrelation to another aspect of the matter or in relation to another matter.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nFunctions and powers Part 4\nSection\n25\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(8) A statutory instrument may provide for the review of, or a right of\nappeal against, a decision made under the statutory instrument, or this\nLaw, and may, for that purpose, confer jurisdiction on any court,\ntribunal, person or body.\n(9) A statutory instrument may require a form prescribed by or under the\nstatutory instrument, or information or documents included in,\nattached to or given with the form, to be verified by statutory\ndeclaration.\n","sortOrder":36},{"sectionNumber":"25","sectionType":"section","heading":"Presumption of validity and power to make","content":"25 Presumption of validity and power to make\n(1) All conditions and preliminary steps required for the making of a\nstatutory instrument are presumed to have been satisfied and\nperformed in the absence of evidence to the contrary.\n(2) A statutory instrument is taken to be made under all powers under\nwhich it may be made, even though it purports to be made under this\nLaw or a particular provision of this Law.\n","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Appointments may be made by name or office","content":"26 Appointments may be made by name or office\n(1) If this Law authorises or requires a person or body:\n(a) to appoint a person to an office, or\n(b) to appoint a person or body to exercise a power, or\n(c) to appoint a person or body to do another thing,\nthe person or body may make the appointment by:\n(d) appointing a person or body by name, or\n(e) appointing a particular officer, or the holder of a particular\noffice, by reference to the title of the office concerned.\n(2) An appointment of a particular officer, or the holder of a particular\noffice, is taken to be the appointment of the person for the time being\noccupying or acting in the office concerned.\n\nSchedule 1 Miscellaneous provisions relating to interpretation\nPart 4 Functions and powers\nSection 27\npage 52 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":38},{"sectionNumber":"27","sectionType":"section","heading":"Acting appointments","content":"27 Acting appointments\n(1) If this Law authorises a person or body to appoint a person to act in\nan office, the person or body may, in accordance with this Law,\nappoint:\n(a) a person by name, or\n(b) a particular officer, or the holder of a particular office, by\nreference to the title of the office concerned,\nto act in the office.\n(2) The appointment may be expressed to have effect only in the\ncircumstances specified in the instrument of appointment.\n(3) The appointer may:\n(a) determine the terms and conditions of the appointment,\nincluding remuneration and allowances, and\n(b) terminate the appointment at any time.\n(4) The appointment, or the termination of the appointment, must be in,\nor evidenced by, writing signed by the appointer.\n(5) The appointee must not act for more than one year during a vacancy\nin the office.\n(6) If the appointee is acting in the office otherwise than because of a\nvacancy in the office and the office becomes vacant, then, subject to\nsubclause (2), the appointee may continue to act until:\n(a) the appointer otherwise directs, or\n(b) the vacancy is filled, or\n(c) the end of a year from the day of the vacancy,\nwhichever happens first.\n(7) The appointment ceases to have effect if the appointee resigns by\nwriting signed and delivered to the appointer.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nFunctions and powers Part 4\nSection\n28\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(8) While the appointee is acting in the office:\n(a) the appointee has all the powers and functions of the holder of\nthe office, and\n(b) this Law and other laws apply to the appointee as if the\nappointee were the holder of the office.\n(9) Anything done by or in relation to a person purporting to act in the\noffice is not invalid merely because:\n(a) the occasion for the appointment had not arisen, or\n(b) the appointment had ceased to have effect, or\n(c) the occasion for the person to act had not arisen or had ceased.\n(10) If this Law authorises the appointer to appoint a person to act during\na vacancy in the office, an appointment to act in the office may be\nmade by the appointer whether or not an appointment has previously\nbeen made to the office.\n","sortOrder":39},{"sectionNumber":"28","sectionType":"section","heading":"Powers of appointment imply certain incidental powers","content":"28 Powers of appointment imply certain incidental powers\n(1) If this Law authorises or requires a person or body to appoint a person\nto an office:\n(a) the power may be exercised from time to time as occasion\nrequires, and\n(b) the power includes:\n(i) power to remove or suspend, at any time, a person\nappointed to the office, and\n(ii) power to appoint another person to act in the office if a\nperson appointed to the office is removed or suspended,\nand\n(iii) power to reinstate or reappoint a person removed or\nsuspended, and\n\nSchedule 1 Miscellaneous provisions relating to interpretation\nPart 4 Functions and powers\nSection 29\npage 54 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iv) power to appoint a person to act in the office if it is vacant\n(whether or not the office has ever been filled), and\n(v) power to appoint a person to act in the office if the person\nappointed to the office is absent or is unable to discharge\nthe functions of the office (whether because of illness or\notherwise).\n(2) The power to remove or suspend a person under subclause (1) (b) may\nbe exercised even if this Law provides that the holder of the office to\nwhich the person was appointed is to hold office for a specified\nperiod.\n(3) The power to make an appointment under subclause (1) (b) may be\nexercised from time to time as occasion requires.\n(4) An appointment under subclause (1) (b) may be expressed to have\neffect only in the circumstances specified in the instrument of\nappointment.\n","sortOrder":40},{"sectionNumber":"29","sectionType":"section","heading":"Delegation of functions","content":"29 Delegation of functions\n(1) If this Law authorises a person or body to delegate a function, the\nperson or body may, in accordance with this Law and any other\napplicable law, delegate the function to:\n(a) a person or body by name, or\n(b) a specified officer, or the holder of a specified office, by\nreference to the title of the office concerned.\n(2) The delegation may be:\n(a) general or limited, and\n(b) made from time to time, and\n(c) revoked, wholly or partly, by the delegator.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nFunctions and powers Part 4\nSection\n29\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The delegation, or a revocation of the delegation, must be in, or\nevidenced by, writing signed by the delegator or, if the delegator is a\nbody, by a person authorised by the body for the purpose.\n(4) A delegated function may be exercised only in accordance with any\nconditions to which the delegation is subject.\n(5) The delegate may, in the performance of a delegated function, do\nanything that is incidental to the delegated function.\n(6) A delegated function that purports to have been exercised by the\ndelegate is taken to have been properly exercised by the delegate\nunless the contrary is proved.\n(7) A delegated function that is properly exercised by the delegate is\ntaken to have been exercised by the delegator.\n(8) If, when exercised by the delegator, a function is dependent on the\ndelegator’s opinion, belief or state of mind, then, when exercised by\nthe delegate, the function is dependent on the delegate’s opinion,\nbelief or state of mind.\n(9) If:\n(a) the delegator is a specified officer or the holder of a specified\noffice, and\n(b) the person who was the specified officer or holder of the\nspecified office when the delegation was made ceases to be the\nholder of the office,\nthen:\n(c) the delegation continues in force, and\n(d) the person for the time being occupying or acting in the office\nconcerned is taken to be the delegator for the purposes of this\nclause.\n\nSchedule 1 Miscellaneous provisions relating to interpretation\nPart 4 Functions and powers\nSection 29\npage 56 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(10) If:\n(a) the delegator is a body, and\n(b) there is a change in the membership of the body,\nthen:\n(c) the delegation continues in force, and\n(d) the body as constituted for the time being is taken to be the\ndelegator for the purposes of this clause.\n(11) If a function is delegated to a specified officer or the holder of a\nspecified office:\n(a) the delegation does not cease to have effect merely because the\nperson who was the specified officer or the holder of the\nspecified office when the function was delegated ceases to be\nthe officer or the holder of the office, and\n(b) the function may be exercised by the person for the time being\noccupying or acting in the office concerned.\n(12) A function that has been delegated may, despite the delegation, be\nexercised by the delegator.\n(13) The delegation of a function does not relieve the delegator of the\ndelegator’s obligation to ensure that the function is properly\nexercised.\n(14) Subject to subclause (15), this clause applies to a subdelegation of a\nfunction in the same way as it applies to a delegation of a function.\n(15) If this Law authorises the delegation of a function, the function may\nbe subdelegated only if this Law expressly authorises the function to\nbe subdelegated.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nFunctions and powers Part 4\nSection\n30\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Exercise of powers before commencement","content":"30 Exercise of powers before commencement\n(1) If a provision of this Law (the empowering provision) that has not\ncommenced would, had it commenced, confer a power:\n(a) to make an appointment, or\n(b) to make a statutory instrument of a legislative or administrative\ncharacter, or\n(c) to do another thing,\nthen:\n(d) the power may be exercised, and\n(e) anything may be done for the purpose of enabling the exercise\nof the power or of bringing the appointment, instrument or other\nthing into effect,\nbefore the empowering provision commences.\n(2) If a provision of a New South Wales Act (the empowering provision)\nthat does not commence on its enactment would, had it commenced,\namend a provision of this Law so that it would confer a power:\n(a) to make an appointment, or\n(b) to make a statutory instrument of a legislative or administrative\ncharacter, or\n(c) to do another thing,\nthen:\n(d) the power may be exercised, and\n(e) anything may be done for the purpose of enabling the exercise\nof the power or of bringing the appointment, instrument or other\nthing into effect,\nbefore the empowering provision commences.\n\nSchedule 1 Miscellaneous provisions relating to interpretation\n","sortOrder":42},{"sectionNumber":"Part 4","sectionType":"part","heading":"Functions and powers","content":"Part 4 Functions and powers\nSection 30\npage 58 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If:\n(a) this Law has commenced and confers a power to make a\nstatutory instrument (the basic statutory instrument-making\npower), and\n(b) a provision of a New South Wales Act that does not commence\non its enactment would, had it commenced, amend this Law so\nas to confer additional power to make a statutory instrument (the\nadditional instrument-making power),\nthen:\n(c) the basic instrument-making power and the additional\ninstrument-making power may be exercised by making a single\ninstrument, and\n(d) any provision of the instrument that required an exercise of the\nadditional instrument- making power is to be treated as made\nunder subclause (2).\n(4) If an instrument, or a provision of an instrument, is made under\nsubclause (1) or (2) that is necessary for the purpose of:\n(a) enabling the exercise of a power mentioned in the subclause, or\n(b) bringing an appointment, instrument or other thing made or done\nunder such a power into effect,\nthe instrument or provision takes effect:\n(c) on the making of the instrument, or\n(d) on such later day (if any) on which, or at such later time (if any)\nat which, the instrument or provision is expressed to take effect.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nFunctions and powers Part 4\nSection\n30\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If:\n(a) an appointment is made under subclause (1) or (2), or\n(b) an instrument, or a provision of an instrument, made under\nsubclause (1) or (2) is not necessary for a purpose mentioned in\nsubclause (4),\nthe appointment, instrument or provision takes effect:\n(c) on the commencement of the relevant empowering provision, or\n(d) on such later day (if any) on which, or at such later time (if any)\nat which, the appointment, instrument or provision is expressed\nto take effect.\n(6) Anything done under subclause (1) or (2) does not confer a right, or\nimpose a liability, on a person before the relevant empowering\nprovision commences.\n(7) After the enactment of a provision mentioned in subclause (2) but\nbefore the provision’s commencement, this clause applies as if the\nreferences in subclauses (2) and (5) to the commencement of the\nempowering provision were references to the commencement of the\nprovision mentioned in subclause (2) as amended by the empowering\nprovision.\n(8) In the application of this clause to a statutory instrument, a reference\nto the enactment of the instrument is a reference to the making of the\ninstrument.\n\nSchedule 1 Miscellaneous provisions relating to interpretation\nPart 5 Distance, time and age\nSection 31\npage 60 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":43},{"sectionNumber":"Part 5","sectionType":"part","heading":"Distance, time and age","content":"Part 5 Distance, time and age\n","sortOrder":44},{"sectionNumber":"31","sectionType":"section","heading":"Matters relating to distance, time and age","content":"31 Matters relating to distance, time and age\n(1) In the measurement of distance for the purposes of this Law, the\ndistance is to be measured along the shortest road ordinarily used for\ntravelling.\n(2) If a period beginning on a given day, act or event is provided or\nallowed for a purpose by this Law, the period is to be calculated by\nexcluding the day, or the day of the act or event, and:\n(a) if the period is expressed to be a specified number of clear days\nor at least a specified number of days, by excluding the day on\nwhich the purpose is to be fulfilled, and\n(b) in any other case, by including the day on which the purpose is\nto be fulfilled.\n(3) If the last day of a period provided or allowed by this Law for doing\nanything is not a business day in the place in which the thing is to be\nor may be done, the thing may be done on the next business day in\nthe place.\n(4) If the last day of a period provided or allowed by this Law for the\nfiling or registration of a document is a day on which the office is\nclosed where the filing or registration is to be or may be done, the\ndocument may be filed or registered at the office on the next day that\nthe office is open.\n(5) If no time is provided or allowed for doing anything, the thing is to\nbe done as soon as possible, and as often as the prescribed occasion\nhappens.\n(6) If, in this Law, there is a reference to time, the reference is, in relation\nto the doing of anything in a jurisdiction, a reference to the legal time\nin the jurisdiction.\n\nMiscellaneous provisions relating to interpretation Schedule 1\nEffect of repeal, amendment or expiration Part 6\nSection\n32\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) For the purposes of this Law, a person attains an age in years at the\nbeginning of the person’s birthday for the age.\n","sortOrder":45},{"sectionNumber":"Part 6","sectionType":"part","heading":"Effect of repeal, amendment or","content":"Part 6 Effect of repeal, amendment or\nexpiration\n","sortOrder":46},{"sectionNumber":"32","sectionType":"section","heading":"Time of Law ceasing to have effect","content":"32 Time of Law ceasing to have effect\nIf a provision of this Law is expressed:\n(a) to expire on a specified day, or\n(b) to remain or continue in force, or otherwise have effect, until a\nspecified day,\nthe provision has effect until the last moment of the specified day.\n","sortOrder":47},{"sectionNumber":"33","sectionType":"section","heading":"Repealed Law provisions not revived","content":"33 Repealed Law provisions not revived\nIf a provision of this Law is repealed or amended by a New South\nWales Act, or a provision of a New South Wales Act, the provision\nis not revived merely because the New South Wales Act or the\nprovision of the New South Wales Act:\n(a) is later repealed or amended, or\n(b) later expires.\n","sortOrder":48},{"sectionNumber":"34","sectionType":"section","heading":"Saving of operation of repealed Law provisions","content":"34 Saving of operation of repealed Law provisions\n(1) The repeal, amendment or expiry of a provision of this Law does not:\n(a) revive anything not in force or existing at the time the repeal,\namendment or expiry takes effect, or\n(b) affect the previous operation of the provision or anything\nsuffered, done or begun under the provision, or\n(c) affect a right, privilege or liability acquired, accrued or incurred\nunder the provision, or\n\n","sortOrder":49},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Miscellaneous provisions relating to interpretation","content":"Schedule 1 Miscellaneous provisions relating to interpretation\nPart 7 Instruments under Law\nSection 35\npage 62 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) affect a penalty incurred in relation to an offence arising under\nthe provision, or\n(e) affect an investigation, proceeding or remedy in relation to such\na right, privilege, liability or penalty.\n(2) Any such penalty may be imposed and enforced, and any such\ninvestigation, proceeding or remedy may be begun, continued or\nenforced, as if the provision had not been repealed or amended or had\nnot expired.\n","sortOrder":50},{"sectionNumber":"35","sectionType":"section","heading":"Continuance of repealed provisions","content":"35 Continuance of repealed provisions\nIf a New South Wales Act repeals some provisions of this Law and\nenacts new provisions in substitution for the repealed provisions, the\nrepealed provisions continue in force until the new provisions\ncommence.\n","sortOrder":51},{"sectionNumber":"36","sectionType":"section","heading":"Law and amending Acts to be read as one","content":"36 Law and amending Acts to be read as one\nThis Law and all New South Wales Acts amending this Law are to be\nread as one.\n","sortOrder":52},{"sectionNumber":"Part 7","sectionType":"part","heading":"Instruments under Law","content":"Part 7 Instruments under Law\n","sortOrder":53},{"sectionNumber":"37","sectionType":"section","heading":"Schedule applies to statutory instruments","content":"37 Schedule applies to statutory instruments\n(1) This Schedule applies to a statutory instrument, and to things that may\nbe done or are required to be done under a statutory instrument, in the\nsame way as it applies to this Law, and things that may be done or are\nrequired to be done under this Law, except so far as the context or\nsubject matter otherwise indicates or requires.\n(2) The fact that a provision of this Schedule refers to this Law and not\nalso to a statutory instrument does not, by itself, indicate that the\nprovision is intended to apply only to this Law.\n\nEndnotes\nAbout the endnotes 1\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 64 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":54},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\nElectronic Conveyancing (Adoption of National Law) Act 2012\nAct 2012 No 88 (NSW) appendix\ndate of assent 20 November 2012\nappendix commenced 1 June 2020 (see appendix s 2)\nas applied and as modified by\nElectronic Conveyancing National Law (ACT) Act 2020 A2020-15\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\nremainder commenced 1 June 2020 (s 2)\nas amended by\nElectronic Conveyancing (Adoption of National Law) Amendment\nAct 2022 A2022-18 (NSW)\ndate of assent 6 June 2022\ncommenced 4 September 2022 (s 2 and see Electronic Conveyancing\nNational Law (ACT) Act 2020 A2020-15 s 6 (2) (a))\n\nEndnotes\nAmendment history 4\nR3\n04/09/22\nElectronic Conveyancing National Law (ACT)\nEffective: 04/09/22\npage 65\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":55},{"sectionNumber":"4","sectionType":"section","heading":"Amendment history","content":"4 Amendment history\nDefinitions\ns 3 def another registrar ins A2022-18 (NSW) sch 1 [1]\ndef interoperability ins A2022-18 (NSW) sch 1 [1]\ndef interoperability requirement ins A2022-18 (NSW)\nsch 1 [1]\nDocuments may be lodged electronically\ns 7 am A2022-18 (NSW) sch 1 [2]\nReliance on, and repudiation of, digital signatures\ns 12 am A2022-18 (NSW) sch 1 [3]–[5]\nELNO required to establish and maintain interoperability\ns 18A ins A2022-18 (NSW) sch 1 [6]\nRenewal of approval as ELNO\ns 19 am A2022-18 (NSW) sch 1 [7]\nOperating requirements for ELNOs\ns 22 am A2022-18 (NSW) sch 1 [8]-[10]\nPublication of operating requirements and participation rules\ns 25 sub as mod A2020-15 mod 1.1\n(5), (6) exp 1 June 2021 (s 25 (6))\nCompliance examinations\ns 33 am A2022-18 (NSW) sch 1 [11], [12]\nRegistrar may refer matter to appropriate authority\ns 35 mod A2020-15 mod 1.2\nam A2022-18 (NSW) sch 1 [13], [14]\nDelegation by Registrar\ns 37 am A2022-18 (NSW) sch 1 [15], [16]\nRegistrar not responsible for additional services provided by ELNO or\nassociated financial transactions\ns 40 hdg am A2022-18 (NSW) sch 1 [17]\ns 40 am A2022-18 (NSW) sch 1 [18]\nOther matters\ndiv 4 hdg ins A2022-18 (NSW) sch 1 [19]\nRegistrar authorised to disclose certain information\ns 43 ins A2022-18 (NSW) sch 1 [19]\nForms\ns 44 ins A2022-18 (NSW) sch 1 [19]\n\nEndnotes\n5 Earlier republications\npage 66 Electronic Conveyancing National Law (ACT)\nEffective: 04/09/22\nR3\n04/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":56},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 June 2020\n","sortOrder":57},{"sectionNumber":"1","sectionType":"section","heading":"June 2020–","content":"1 June 2020–\n1 June 2021\nnot amended new Law and\nmodifications by\nA2020-15\nR2\n2 June 2021\n","sortOrder":58},{"sectionNumber":"2","sectionType":"section","heading":"June 2021–","content":"2 June 2021–\n3 Sept 2022\nnot amended expiry of\nmodifications by\nA2020-15 (s 25 (5),\n(6))\n© Australian Capital Territory 2022","sortOrder":59}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Amendments (notably A2022‑18 (NSW) listed in the amendment history) broadened scope by: adding an ELNO interoperability obligation (s 18A); revising digital signature reliance and repudiation rules (s 12); expanding operating requirements including technical, interoperability and financial standards (s 22); updating renewal/revocation and compliance examination powers (ss 19, 20, 33); and adding Registrar disclosure (s 43) and forms approval (s 44). These changes increase regulatory and technical obligations beyond the original enactment."},"complexity_factors":["Cross‑jurisdictional structure and application law model (definitions and interplay in s 3 and Part 1) creating multi‑jurisdictional alignment and modifications.","Delegated rulemaking: extensive use of operating requirements and participation rules (ss 22–25) as disallowable instruments increases regulatory detail outside the primary Act.","High administrative discretion: Registrar powers to approve, attach/vary conditions, waive requirements, monitor ELNs and disclose information (ss 15–17, 18A(2), 21, 27, 43) concentrate decisionmaking.","Technical and interoperability obligations on ELNOs, including requirement to interwork with other ELNs (s 18A) and related technical standards (s 22(c1)), raising implementation complexity.","Public–private interface: approvals and non‑agent status of ELNOs (s 17) plus permitted additional services (s 17(4)) create commercial‑regulatory boundaries and potential conflicts.","Compliance and enforcement regime: compliance examinations, cooperation and limited admissibility protections (ss 33–36) introduce investigatory procedures and evidentiary rules.","Interaction with existing land titles law and financial transactions (ss 5, 7–9, 12, 40) requiring coordination between titles registers, ELNs and financial institutions.","Operational detail delegated to participation agreements and rules affecting many private parties (ss 22(b), 23, 26) shifting compliance burdens to subscribers and clients.","Timeliness and emergency provisions for rule commencement (s 25) add operational uncertainty in urgent situations.","Extensive interpretative and saving provisions in Schedule 1 that broaden statutory instruments and delegated powers (Schedule 1, Parts 3–4)."],"plain_english_summary":"This law lets land title documents be prepared, signed and lodged electronically across participating Australian jurisdictions. It authorises registrars or approved private operators (ELNOs) to run Electronic Lodgment Networks, sets rules for client authorisations and digital signatures, and establishes operating, interoperability and compliance requirements. It affects registrars, ELNOs, subscribers (conveyancers, lawyers), financial institutions and parties to property transactions. It matters because it replaces paper processes with regulated electronic networks, shifting compliance costs to network operators and subscribers and giving registrars regulatory discretion."},"kimi_summary":{"_metrics":{"completionTokens":814},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of enabling electronic conveyancing through a national framework. The 2022 amendments added interoperability requirements and information sharing powers, but these are natural extensions of the core scheme rather than scope creep. The law has not expanded beyond property transaction digitisation and land title registry operations."},"complexity_factors":["National law framework applied across multiple jurisdictions with modifications","Extensive cross-referencing to 'application law' and 'land titles legislation' of each participating jurisdiction","Schedule 1 contains 37 sections of standard interpretation provisions that apply to the main law","Multiple layers of rules: operating requirements, participation rules, and interoperability requirements (ss 22, 23, 18A)","Conditional logic for digital signature repudiation with three cumulative requirements (s 12(4))","Nested definitions: 'ELN' defined by reference to 'registry instrument', which is defined by 'application law' (s 3)","Emergency powers allowing bypass of standard notification periods (s 25(2)–(4))","Complex delegation and sub-delegation provisions with 15 subsections (s 29)","Interaction with NSW legislation as the source law, requiring reading across jurisdictions"],"plain_english_summary":"This law sets up a national system for **electronic conveyancing** — that is, buying, selling, and transferring property (land) using digital documents rather than paper.\n\n**What it does:**\n- **Allows electronic lodgment**: Property documents can be lodged electronically with the land titles registry instead of using paper forms (s 7).\n- **Gives electronic documents legal status**: Digitally signed electronic documents have the same legal effect as paper documents (s 9).\n- **Creates \"Electronic Lodgment Networks\" (ELNs)**: These are secure digital systems for handling property transactions. The Registrar (the government official responsible for land titles) can run an ELN directly, or approve private operators called **ELNOs** (Electronic Lodgment Network Operators) to run them (ss 14–15).\n- **Sets up rules and oversight**: \n  - **Operating requirements** that ELNOs must follow (s 22)\n  - **Participation rules** that users (called **subscribers** — typically lawyers, conveyancers, or financial institutions) must follow (s 23)\n  - **Interoperability requirements**: ELNOs must make their systems work with each other so subscribers on different networks can complete transactions together (s 18A)\n- **Provides for compliance and appeals**: The Registrar can monitor ELNs, conduct compliance examinations, and subscribers or ELNOs can appeal decisions to a tribunal (ss 21, 33, 28–31).\n\n**Who it affects:**\n- **Property buyers and sellers** — their lawyers or conveyancers will use these electronic systems on their behalf\n- **Lawyers, conveyancers, and financial institutions** — who become \"subscribers\" to use ELNs\n- **ELNOs** — private companies approved to operate electronic conveyancing platforms\n- **Land title registries** — who oversee the system\n\n**Why it matters:**\nThis law modernises property transactions, making them faster and more efficient while maintaining the security and legal certainty of the traditional land titles system (known as the **Torrens system**). It ensures electronic signatures are legally binding and creates a regulated framework for private operators to provide these services.\n\n**Key protections:**\n- Digital signatures are binding and cannot easily be repudiated (denied) except in limited circumstances (s 12)\n- Client authorisations allow subscribers to act on behalf of property owners without needing a formal power of attorney (s 10–11)\n- The Registrar has broad powers to ensure system integrity and can share information with other regulators (s 43)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/electronic-conveyancing-national-law-act-","history":"/api/acts/electronic-conveyancing-national-law-act-/history","analysis":"/api/acts/electronic-conveyancing-national-law-act-/analysis","conflicts":"/api/acts/electronic-conveyancing-national-law-act-/conflicts","importantCases":"/api/acts/electronic-conveyancing-national-law-act-/important-cases","documents":"/api/acts/electronic-conveyancing-national-law-act-/documents"}}