{"id":"qld:act-2013-ecnlq","name":"Electronic Conveyancing National Law (Queensland)","slug":"electronic-conveyancing-national-law-queensland","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"ecnlq of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29705,"registerId":"qld-act-2013-ecnlq-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Law may be cited as the Electronic Conveyancing National Law (Queensland) .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Law commences in a participating jurisdiction as provided by the application law of that jurisdiction.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Law:\nanother registrar means a person who is a Registrar as defined in the application law of another participating jurisdiction.\ns 3(1) def another registrar ins 2022 No. 18 (NSW) sch 1 s 1\napplication law means a law of a participating jurisdiction that:\napplies this Law, either with or without modifications, as a law of the participating jurisdiction, or\nis a corresponding law.\nARNECC means the Australian Registrars’ National Electronic Conveyancing Council established by the Intergovernmental Agreement.\nassociated financial transaction means a transaction of a financial nature that is associated with a conveyancing transaction.\nThe payment of the purchase price for the sale and purchase of an interest in land.\nThe advancing of money in return for the granting of a mortgage or charge over an interest in land.\nThe payment of any tax, duty (for example, stamp duty), fee or charge payable in respect of the conveyancing transaction.\nclient authorisation has the meaning given in section 10 .\ncompliance examination has the meaning given in section 33 .\nconveyancing transaction means a transaction that involves one or more parties and the purpose of which is:\nto create, transfer, dispose of, mortgage, charge, lease or deal with in any other way an estate or interest in land, or\nto get something registered, noted or recorded in the titles register, or\nto get the registration, note or record of something in the titles register changed, withdrawn or removed.\ncorresponding law :\nmeans a law of a jurisdiction that corresponds to this Law, and\nincludes a law of a jurisdiction that is prescribed by regulations made under a law of this jurisdiction as a corresponding law.\ndigital signature means encrypted electronic data intended for the exclusive use of a particular person as a means of identifying that person as the sender of an electronic communication or the signer of a document.\ndigitally sign , in relation to an electronic communication or a document, means create a digital signature for the communication or document.\nELN means Electronic Lodgment Network—see section 13 .\nELNO means Electronic Lodgment Network Operator—see section 15 .\nIntergovernmental Agreement means the Intergovernmental Agreement for a National Electronic Conveyancing Law between the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania and the Northern Territory of Australia, that came into operation on 21 November 2011 and as in force from time to time.\ninteroperability means the interworking of ELNs operated by ELNOs in a way that enables—\na subscriber using an ELN (the first subscriber ) to complete a conveyancing transaction that involves a subscriber using another ELN without the first subscriber having to be a subscriber to the other ELN, and\nthe preparation of a registry instrument or other document in electronic form using data from different ELNs.\ns 3(1) def interoperability ins 2022 No. 18 (NSW) sch 1 s 1\ninteroperability requirement means the requirement set out in section 18A (1) .\ns 3(1) def interoperability requirement ins 2022 No. 18 (NSW) sch 1 s 1\njurisdiction means State.\nland titles legislation , for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction.\nlaw , in relation to a Territory, means a law of, or in force in, that Territory.\nlaw of this jurisdiction includes the principles and rules of common law and equity to the extent that they have effect in this jurisdiction from time to time.\nlodge includes deposit, present and file.\noperating requirements means the requirements determined under section 22 .\nparticipating jurisdiction means a jurisdiction that is a party to the Intergovernmental Agreement and in which:\nthis Law applies as a law of the jurisdiction, either with or without modifications, or\nthere is a corresponding law.\nparticipation agreement , in relation to an ELN, means:\nif an ELNO provides and operates the ELN, an agreement between the ELNO and another person under which the other person is authorised to use that ELN, or\nif the Registrar provides and operates the ELN, an agreement between the Registrar and another person under which the other person is authorised to use that ELN.\nparticipation rules means the rules determined under section 23 .\nRegistrar , for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction.\nregistry instrument , for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction.\nresponsible tribunal , for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction.\nState includes a Territory.\nsubscriber means a person who is authorised under a participation agreement to use an ELN to complete conveyancing transactions on behalf of another person or on their own behalf.\nTerritory means the Australian Capital Territory or the Northern Territory of Australia.\ntitles register , for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction.\nA term used in this Law or a statutory instrument and also in the land titles legislation has the same meaning in this Law or the statutory instrument as it has in that legislation, unless the term is defined in this Law or the statutory instrument or the context requires otherwise.\n(sec.3-ssec.1) In this Law: another registrar means a person who is a Registrar as defined in the application law of another participating jurisdiction. s 3(1) def another registrar ins 2022 No. 18 (NSW) sch 1 s 1 application law means a law of a participating jurisdiction that: applies this Law, either with or without modifications, as a law of the participating jurisdiction, or is a corresponding law. ARNECC means the Australian Registrars’ National Electronic Conveyancing Council established by the Intergovernmental Agreement. associated financial transaction means a transaction of a financial nature that is associated with a conveyancing transaction. The payment of the purchase price for the sale and purchase of an interest in land. The advancing of money in return for the granting of a mortgage or charge over an interest in land. The payment of any tax, duty (for example, stamp duty), fee or charge payable in respect of the conveyancing transaction. client authorisation has the meaning given in section 10 . compliance examination has the meaning given in section 33 . conveyancing transaction means a transaction that involves one or more parties and the purpose of which is: to create, transfer, dispose of, mortgage, charge, lease or deal with in any other way an estate or interest in land, or to get something registered, noted or recorded in the titles register, or to get the registration, note or record of something in the titles register changed, withdrawn or removed. corresponding law : means a law of a jurisdiction that corresponds to this Law, and includes a law of a jurisdiction that is prescribed by regulations made under a law of this jurisdiction as a corresponding law. digital signature means encrypted electronic data intended for the exclusive use of a particular person as a means of identifying that person as the sender of an electronic communication or the signer of a document. digitally sign , in relation to an electronic communication or a document, means create a digital signature for the communication or document. ELN means Electronic Lodgment Network—see section 13 . ELNO means Electronic Lodgment Network Operator—see section 15 . Intergovernmental Agreement means the Intergovernmental Agreement for a National Electronic Conveyancing Law between the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania and the Northern Territory of Australia, that came into operation on 21 November 2011 and as in force from time to time. interoperability means the interworking of ELNs operated by ELNOs in a way that enables— a subscriber using an ELN (the first subscriber ) to complete a conveyancing transaction that involves a subscriber using another ELN without the first subscriber having to be a subscriber to the other ELN, and the preparation of a registry instrument or other document in electronic form using data from different ELNs. s 3(1) def interoperability ins 2022 No. 18 (NSW) sch 1 s 1 interoperability requirement means the requirement set out in section 18A (1) . s 3(1) def interoperability requirement ins 2022 No. 18 (NSW) sch 1 s 1 jurisdiction means State. land titles legislation , for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction. law , in relation to a Territory, means a law of, or in force in, that Territory. law of this jurisdiction includes the principles and rules of common law and equity to the extent that they have effect in this jurisdiction from time to time. lodge includes deposit, present and file. operating requirements means the requirements determined under section 22 . participating jurisdiction means a jurisdiction that is a party to the Intergovernmental Agreement and in which: this Law applies as a law of the jurisdiction, either with or without modifications, or there is a corresponding law. participation agreement , in relation to an ELN, means: if an ELNO provides and operates the ELN, an agreement between the ELNO and another person under which the other person is authorised to use that ELN, or if the Registrar provides and operates the ELN, an agreement between the Registrar and another person under which the other person is authorised to use that ELN. participation rules means the rules determined under section 23 . Registrar , for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction. registry instrument , for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction. responsible tribunal , for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction. State includes a Territory. subscriber means a person who is authorised under a participation agreement to use an ELN to complete conveyancing transactions on behalf of another person or on their own behalf. Territory means the Australian Capital Territory or the Northern Territory of Australia. titles register , for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction.\n(sec.3-ssec.2) A term used in this Law or a statutory instrument and also in the land titles legislation has the same meaning in this Law or the statutory instrument as it has in that legislation, unless the term is defined in this Law or the statutory instrument or the context requires otherwise.\n- (a) applies this Law, either with or without modifications, as a law of the participating jurisdiction, or\n- (b) is a corresponding law.\n- 1 The payment of the purchase price for the sale and purchase of an interest in land.\n- 2 The advancing of money in return for the granting of a mortgage or charge over an interest in land.\n- 3 The payment of any tax, duty (for example, stamp duty), fee or charge payable in respect of the conveyancing transaction.\n- (a) to create, transfer, dispose of, mortgage, charge, lease or deal with in any other way an estate or interest in land, or\n- (b) to get something registered, noted or recorded in the titles register, or\n- (c) to get the registration, note or record of something in the titles register changed, withdrawn or removed.\n- (a) means a law of a jurisdiction that corresponds to this Law, and\n- (b) includes a law of a jurisdiction that is prescribed by regulations made under a law of this jurisdiction as a corresponding law.\n- (a) a subscriber using an ELN (the first subscriber ) to complete a conveyancing transaction that involves a subscriber using another ELN without the first subscriber having to be a subscriber to the other ELN, and\n- (b) the preparation of a registry instrument or other document in electronic form using data from different ELNs.\n- (a) this Law applies as a law of the jurisdiction, either with or without modifications, or\n- (b) there is a corresponding law.\n- (a) if an ELNO provides and operates the ELN, an agreement between the ELNO and another person under which the other person is authorised to use that ELN, or\n- (b) if the Registrar provides and operates the ELN, an agreement between the Registrar and another person under which the other person is authorised to use that ELN.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Interpretation generally","content":"### sec.4 Interpretation generally\n\nSchedule 1 applies in relation to this Law.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Object of this Law","content":"### sec.5 Object of this Law\n\nThe object of this Law is to promote efficiency throughout Australia in property conveyancing by providing a common legal framework that:\nenables documents in electronic form to be lodged and processed under the land titles legislation of each participating jurisdiction, but\ndoes not derogate from the fundamental principles of the Torrens system of land title as incorporated in the land titles legislation of each participating jurisdiction, such as indefeasibility of title.\nIn order to achieve this object, this Law, among other things, authorises the Registrar in each participating jurisdiction to operate or authorise the operation of an Electronic Lodgment Network, and provides for the making of rules relating to the operation of the Electronic Lodgment Network.\n(sec.5-ssec.1) The object of this Law is to promote efficiency throughout Australia in property conveyancing by providing a common legal framework that: enables documents in electronic form to be lodged and processed under the land titles legislation of each participating jurisdiction, but does not derogate from the fundamental principles of the Torrens system of land title as incorporated in the land titles legislation of each participating jurisdiction, such as indefeasibility of title.\n(sec.5-ssec.2) In order to achieve this object, this Law, among other things, authorises the Registrar in each participating jurisdiction to operate or authorise the operation of an Electronic Lodgment Network, and provides for the making of rules relating to the operation of the Electronic Lodgment Network.\n- (a) enables documents in electronic form to be lodged and processed under the land titles legislation of each participating jurisdiction, but\n- (b) does not derogate from the fundamental principles of the Torrens system of land title as incorporated in the land titles legislation of each participating jurisdiction, such as indefeasibility of title.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Law binds the State","content":"### sec.6 Law binds the State\n\nThis Law binds the State.\nIn this section:\nState means the Crown in right of this jurisdiction, and includes:\nthe Government of this jurisdiction, and\na Minister of the Crown in right of this jurisdiction, and\na statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\n(sec.6-ssec.1) This Law binds the State.\n(sec.6-ssec.2) In this section: State means the Crown in right of this jurisdiction, and includes: the Government of this jurisdiction, and a Minister of the Crown in right of this jurisdiction, and a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\n- (a) the Government of this jurisdiction, and\n- (b) a Minister of the Crown in right of this jurisdiction, and\n- (c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Electronic Conveyancing","content":"# Electronic Conveyancing","sortOrder":7},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Electronic lodgment","content":"## Electronic lodgment","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Documents may be lodged electronically","content":"### sec.7 Documents may be lodged electronically\n\nA document may be lodged electronically for the purposes of the land titles legislation if the document is lodged:\nin a form approved by the Registrar, and\nby means of an ELN provided and operated under this Law.\nAn approval for the purposes of subsection (1) (a) may be given under section 44 or the land titles legislation or in some other way that the Registrar considers appropriate.\ns 7 amd 2022 No. 18 (NSW) sch 1 s 2\n(sec.7-ssec.1) A document may be lodged electronically for the purposes of the land titles legislation if the document is lodged: in a form approved by the Registrar, and by means of an ELN provided and operated under this Law.\n(sec.7-ssec.2) An approval for the purposes of subsection (1) (a) may be given under section 44 or the land titles legislation or in some other way that the Registrar considers appropriate.\n- (a) in a form approved by the Registrar, and\n- (b) by means of an ELN provided and operated under this Law.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Registrar to process documents lodged electronically","content":"### sec.8 Registrar to process documents lodged electronically\n\nIf a document is lodged electronically in accordance with section 7 , the Registrar must receive and process the document in accordance with the land titles legislation.\nThis section does not limit or affect the need for the document to comply with the requirements of the land titles legislation, this Law or any other law of this jurisdiction.\n(sec.8-ssec.1) If a document is lodged electronically in accordance with section 7 , the Registrar must receive and process the document in accordance with the land titles legislation.\n(sec.8-ssec.2) This section does not limit or affect the need for the document to comply with the requirements of the land titles legislation, this Law or any other law of this jurisdiction.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Status of electronic registry instruments","content":"### sec.9 Status of electronic registry instruments\n\nA registry instrument that is in a form in which it can be lodged electronically under section 7 has the same effect as if that instrument were in the form of a paper document.\nA registry instrument that is digitally signed by a subscriber in accordance with the participation rules applicable to that instrument has the same effect as if a paper document having the equivalent effect had been executed by:\nif the subscriber signs under a client authorisation, each person for whom the subscriber signs in accordance with the client authorisation, or\nthe subscriber in any other case.\nIf a registry instrument is digitally signed in accordance with the participation rules applicable to that instrument:\nthe instrument is to be taken to be in writing for the purposes of every other law of this jurisdiction, and\nthe requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.\n(sec.9-ssec.1) A registry instrument that is in a form in which it can be lodged electronically under section 7 has the same effect as if that instrument were in the form of a paper document.\n(sec.9-ssec.2) A registry instrument that is digitally signed by a subscriber in accordance with the participation rules applicable to that instrument has the same effect as if a paper document having the equivalent effect had been executed by: if the subscriber signs under a client authorisation, each person for whom the subscriber signs in accordance with the client authorisation, or the subscriber in any other case.\n(sec.9-ssec.3) If a registry instrument is digitally signed in accordance with the participation rules applicable to that instrument: the instrument is to be taken to be in writing for the purposes of every other law of this jurisdiction, and the requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.\n- (a) if the subscriber signs under a client authorisation, each person for whom the subscriber signs in accordance with the client authorisation, or\n- (b) the subscriber in any other case.\n- (a) the instrument is to be taken to be in writing for the purposes of every other law of this jurisdiction, and\n- (b) the requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Client authorisations and digital signatures","content":"## Client authorisations and digital signatures","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Client authorisations","content":"### sec.10 Client authorisations\n\nA client authorisation is a document:\nthat is in the form required by the participation rules, and\nby which a party to a conveyancing transaction authorises a subscriber to do one or more things on that party’s behalf in connection with the transaction so that the transaction, or part of the transaction, can be completed electronically.\nThe following are examples of the things that a client authorisation may authorise a subscriber to do:\nto digitally sign registry instruments or other documents,\nto present registry instruments or other documents for lodgment electronically,\nto authorise or complete any associated financial transaction.\n(sec.10-ssec.1) A client authorisation is a document: that is in the form required by the participation rules, and by which a party to a conveyancing transaction authorises a subscriber to do one or more things on that party’s behalf in connection with the transaction so that the transaction, or part of the transaction, can be completed electronically.\n(sec.10-ssec.2) The following are examples of the things that a client authorisation may authorise a subscriber to do: to digitally sign registry instruments or other documents, to present registry instruments or other documents for lodgment electronically, to authorise or complete any associated financial transaction.\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 subscriber to do one or more things on that party’s behalf in connection with the transaction so that the transaction, or part of the transaction, can be completed electronically.\n- (a) to digitally sign registry instruments or other documents,\n- (b) to present registry instruments or other documents for lodgment electronically,\n- (c) to authorise or complete any associated financial transaction.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Effect of client authorisation","content":"### sec.11 Effect of client authorisation\n\nA properly completed client authorisation:\nhas effect according to its terms, and\nis not a power of attorney for the purposes of any other law of this jurisdiction relating to powers of attorney.\nIf a client authorisation is properly completed, the requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.\nSubsections (1) and (2) do not limit or affect the application of any law of this jurisdiction relating to powers of attorney in relation to:\nthe execution of a client authorisation under a power of attorney, or\na client authorisation executed under a power of attorney.\n(sec.11-ssec.1) A properly completed client authorisation: has effect according to its terms, and is not a power of attorney for the purposes of any other law of this jurisdiction relating to powers of attorney.\n(sec.11-ssec.2) If a client authorisation is properly completed, the requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.\n(sec.11-ssec.3) Subsections (1) and (2) do not limit or affect the application of any law of this jurisdiction relating to powers of attorney in relation to: the execution of a client authorisation under a power of attorney, or a client authorisation executed under a power of attorney.\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 this jurisdiction relating to powers of attorney.\n- (a) the execution of a client authorisation under a power of attorney, or\n- (b) a client authorisation executed under a power of attorney.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Reliance on, and repudiation of, digital signatures","content":"### sec.12 Reliance on, and repudiation of, digital signatures\n\nIn this section—\nfinancial institution means—\nan authorised deposit-taking institution as defined in the Banking Act 1959 of the Commonwealth, section 5 (1) , or\na bank constituted by a law of this jurisdiction or of another State or the Commonwealth.\nIf a subscriber’s digital signature is created for a registry instrument or other document in connection with a conveyancing transaction, then:\nunless that subscriber repudiates that digital signature, that registry instrument or other document is to be taken to be signed by that subscriber, and\nunless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, on:\nthat subscriber, and\nall other persons (if any) for whom that subscriber acts under a client authorisation with respect to that conveyancing transaction, and\nunless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, for the benefit of:\neach of the parties to that conveyancing transaction, and\neach subscriber who acts under a client authorisation with respect to that conveyancing transaction, and\neach ELNO whose ELN is used in connection with that conveyancing transaction, and\nany person claiming through or under any person to whom subparagraph (i) applies, and\nthe Registrar, once that registry instrument or other document is lodged electronically in accordance with section 7 , and\nin the case of a document that contains a direction for the payment of money as part of that conveyancing transaction, each financial institution that pays or receives money in accordance with that direction, and\nthat subscriber cannot repudiate that digital signature except in the circumstances set out in subsection (4) .\nSubsection (1) applies regardless of:\nwho created the subscriber’s digital signature, and\nthe circumstances (including fraud) in which the subscriber’s digital signature was created.\nSubsection (1) does not prevent the unsigning of a registry instrument or other document.\nDespite subsections (1) and (2) , a subscriber can repudiate the subscriber’s digital signature with respect to a registry instrument or other document if the subscriber establishes:\nthat the digital signature was not created by the subscriber, and\nthat the digital signature was not created by a person who, at the time the subscriber’s digital signature was created for the registry instrument or other document:\nwas an employee, agent, contractor or officer (however described) of the subscriber, and\nhad the subscriber’s express or implied authority to create the subscriber’s digital signature for any document or documents, and\nthat neither of the following enabled the subscriber’s digital signature to be created for the registry instrument or other document:\na failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to fully comply with the requirements of the participation rules,\na failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to take reasonable care.\nFor the purposes of subsection (4) (b) (ii), it does not matter whether the authority was:\ngeneral, or\nlimited or restricted to documents of a particular class or to a particular document or in any other way.\ns 12 amd 2022 No. 18 (NSW) sch 1 ss 3 – 5\n(sec.12-ssec.1A) In this section— financial institution means— an authorised deposit-taking institution as defined in the Banking Act 1959 of the Commonwealth, section 5 (1) , or a bank constituted by a law of this jurisdiction or of another State or the Commonwealth.\n(sec.12-ssec.1) If a subscriber’s digital signature is created for a registry instrument or other document in connection with a conveyancing transaction, then: unless that subscriber repudiates that digital signature, that registry instrument or other document is to be taken to be signed by that subscriber, and unless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, on: that subscriber, and all other persons (if any) for whom that subscriber acts under a client authorisation with respect to that conveyancing transaction, and unless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, for the benefit of: each of the parties to that conveyancing transaction, and each subscriber who acts under a client authorisation with respect to that conveyancing transaction, and each ELNO whose ELN is used in connection with that conveyancing transaction, and any person claiming through or under any person to whom subparagraph (i) applies, and the Registrar, once that registry instrument or other document is lodged electronically in accordance with section 7 , and in the case of a document that contains a direction for the payment of money as part of that conveyancing transaction, each financial institution that pays or receives money in accordance with that direction, and that subscriber cannot repudiate that digital signature except in the circumstances set out in subsection (4) .\n(sec.12-ssec.2) Subsection (1) applies regardless of: who created the subscriber’s digital signature, and the circumstances (including fraud) in which the subscriber’s digital signature was created.\n(sec.12-ssec.3) Subsection (1) does not prevent the unsigning of a registry instrument or other document.\n(sec.12-ssec.4) Despite subsections (1) and (2) , a subscriber can repudiate the subscriber’s digital signature with respect to a registry instrument or other document if the subscriber establishes: that the digital signature was not created by the subscriber, and that the digital signature was not created by a person who, at the time the subscriber’s digital signature was created for the registry instrument or other document: was an employee, agent, contractor or officer (however described) of the subscriber, and had the subscriber’s express or implied authority to create the subscriber’s digital signature for any document or documents, and that neither of the following enabled the subscriber’s digital signature to be created for the registry instrument or other document: a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to fully comply with the requirements of the participation rules, a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to take reasonable care.\n(sec.12-ssec.5) For the purposes of subsection (4) (b) (ii), it does not matter whether the authority was: general, or limited or restricted to documents of a particular class or to a particular document or in any other way.\n- (a) an authorised deposit-taking institution as defined in the Banking Act 1959 of the Commonwealth, section 5 (1) , or\n- (b) a bank constituted by a law of this jurisdiction or of another State or the Commonwealth.\n- (a) unless that subscriber repudiates that digital signature, that registry instrument or other document is to be taken to be signed by that subscriber, and\n- (b) unless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, on: (i) that subscriber, and (ii) all other persons (if any) for whom that subscriber acts under a client authorisation with respect to that conveyancing transaction, and\n- (i) that subscriber, and\n- (ii) all other persons (if any) for whom that subscriber acts under a client authorisation with respect to that conveyancing transaction, and\n- (c) unless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, for the benefit of: (i) each of the parties to that conveyancing transaction, and (ii) each subscriber who acts under a client authorisation with respect to that conveyancing transaction, and (iia) each ELNO whose ELN is used in connection with that conveyancing transaction, and (iii) any person claiming through or under any person to whom subparagraph (i) applies, and (iv) the Registrar, once that registry instrument or other document is lodged electronically in accordance with section 7 , and (v) in the case of a document that contains a direction for the payment of money as part of that conveyancing transaction, each financial institution that pays or receives money in accordance with that direction, and\n- (i) each of the parties to that conveyancing transaction, and\n- (ii) each subscriber who acts under a client authorisation with respect to that conveyancing transaction, and\n- (iia) each ELNO whose ELN is used in connection with that conveyancing transaction, and\n- (iii) any person claiming through or under any person to whom subparagraph (i) applies, and\n- (iv) the Registrar, once that registry instrument or other document is lodged electronically in accordance with section 7 , and\n- (v) in the case of a document that contains a direction for the payment of money as part of that conveyancing transaction, each financial institution that pays or receives money in accordance with that direction, and\n- (d) that subscriber cannot repudiate that digital signature except in the circumstances set out in subsection (4) .\n- (i) that subscriber, and\n- (ii) all other persons (if any) for whom that subscriber acts under a client authorisation with respect to that conveyancing transaction, and\n- (i) each of the parties to that conveyancing transaction, and\n- (ii) each subscriber who acts under a client authorisation with respect to that conveyancing transaction, and\n- (iia) each ELNO whose ELN is used in connection with that conveyancing transaction, and\n- (iii) any person claiming through or under any person to whom subparagraph (i) applies, and\n- (iv) the Registrar, once that registry instrument or other document is lodged electronically in accordance with section 7 , and\n- (v) in the case of a document that contains a direction for the payment of money as part of that conveyancing transaction, each financial institution that pays or receives money in accordance with that direction, and\n- (a) who created the subscriber’s digital signature, and\n- (b) the circumstances (including fraud) in which the subscriber’s digital signature was created.\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 time the subscriber’s digital signature was created for the registry instrument or other document: (i) was an employee, agent, contractor or officer (however described) of the subscriber, and (ii) had the subscriber’s express or implied authority to create the subscriber’s digital signature for any document or documents, and\n- (i) was an employee, agent, contractor or officer (however described) of the subscriber, and\n- (ii) had the subscriber’s express or implied authority to create the subscriber’s digital signature for any document or documents, and\n- (c) that neither of the following enabled the subscriber’s digital signature to be created for the registry instrument or other document: (i) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to fully comply with the requirements of the participation rules, (ii) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to take reasonable care.\n- (i) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to fully comply with the requirements of the participation rules,\n- (ii) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to take reasonable care.\n- (i) was an employee, agent, contractor or officer (however described) of the subscriber, and\n- (ii) had the subscriber’s express or implied authority to create the subscriber’s digital signature for any document or documents, and\n- (i) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to fully comply with the requirements of the participation rules,\n- (ii) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to take reasonable care.\n- (a) general, or\n- (b) limited or restricted to documents of a particular class or to a particular document or in any other way.","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Electronic Lodgment Networks","content":"# Electronic Lodgment Networks","sortOrder":16},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Electronic Lodgment Network","content":"### sec.13 Electronic Lodgment Network\n\nAn Electronic Lodgment Network ( ELN ) is an electronic system that enables the lodging of registry instruments and other documents in electronic form for the purposes of the land titles legislation.\nAn ELN may also enable the preparation of registry instruments and other documents in electronic form for lodging under the land titles legislation.\n(sec.13-ssec.1) An Electronic Lodgment Network ( ELN ) is an electronic system that enables the lodging of registry instruments and other documents in electronic form for the purposes of the land titles legislation.\n(sec.13-ssec.2) An ELN may also enable the preparation of registry instruments and other documents in electronic form for lodging under the land titles legislation.","sortOrder":18},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Operation of Electronic Lodgment Networks","content":"## Operation of Electronic Lodgment Networks","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Registrar may provide and operate ELN","content":"### sec.14 Registrar may provide and operate ELN\n\nThe Registrar may provide and operate an ELN.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Registrar may approve ELNO to provide and operate ELN","content":"### sec.15 Registrar may approve ELNO to provide and operate ELN\n\nThe Registrar may approve a person as an Electronic Lodgment Network Operator ( ELNO ) to provide and operate an ELN.\nThe Registrar must not approve a person under this section unless the person meets the qualifications for approval set out in the operating requirements.\nAn approval under this section must be in writing and must state the period for which it is to have effect.\nThe Registrar may grant more than one approval under this section.\n(sec.15-ssec.1) The Registrar may approve a person as an Electronic Lodgment Network Operator ( ELNO ) to provide and operate an ELN.\n(sec.15-ssec.2) The Registrar must not approve a person under this section unless the person meets the qualifications for approval set out in the operating requirements.\n(sec.15-ssec.3) An approval under this section must be in writing and must state the period for which it is to have effect.\n(sec.15-ssec.4) The Registrar may grant more than one approval under this section.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Conditions of approval as ELNO","content":"### sec.16 Conditions of approval as ELNO\n\nThe Registrar may attach conditions to an approval under section 15 , and those conditions must be specified in the approval.\nThe Registrar may at any time, by notice in writing to the ELNO, vary or revoke the conditions attached to the approval of that ELNO or attach new or additional conditions.\n(sec.16-ssec.1) The Registrar may attach conditions to an approval under section 15 , and those conditions must be specified in the approval.\n(sec.16-ssec.2) The Registrar may at any time, by notice in writing to the ELNO, vary or revoke the conditions attached to the approval of that ELNO or attach new or additional conditions.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Effect of approval as ELNO","content":"### sec.17 Effect of approval as ELNO\n\nA person who is approved as an ELNO under section 15 may provide and operate an ELN:\nfor the period stated in the approval, and\nsubject to the conditions (if any) attached to the approval, and\nin accordance with the operating requirements.\nSubsection (1) is subject to sections 19 and 20 .\nIn performing functions as an ELNO, a person approved under section 15 is not and does not represent the State, and is not an agent of the State.\nThe approval of a person as an ELNO does not restrict or prevent the provision, by that person, of services additional to those provided by the ELN.\nSubsection (4) is subject to the operating requirements.\n(sec.17-ssec.1) A person who is approved as an ELNO under section 15 may provide and operate an ELN: for the period stated in the approval, and subject to the conditions (if any) attached to the approval, and in accordance with the operating requirements.\n(sec.17-ssec.2) Subsection (1) is subject to sections 19 and 20 .\n(sec.17-ssec.3) In performing functions as an ELNO, a person approved under section 15 is not and does not represent the State, and is not an agent of the State.\n(sec.17-ssec.4) The approval of a person as an ELNO does not restrict or prevent the provision, by that person, of services additional to those provided by the ELN.\n(sec.17-ssec.5) Subsection (4) is subject to the operating requirements.\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.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"ELNO required to comply with operating requirements","content":"### sec.18 ELNO required to comply with operating requirements\n\nA person approved as an ELNO under section 15 must comply with the operating requirements.","sortOrder":24},{"sectionNumber":"sec.18A","sectionType":"section","heading":"ELNO required to establish and maintain interoperability","content":"### sec.18A ELNO required to establish and maintain interoperability\n\nA person approved as an ELNO under section 15 must, in accordance with the operating requirements, establish and maintain interoperability between the ELN operated by the person and each ELN operated by another ELNO.\nThe Registrar may waive compliance with the interoperability requirement if the Registrar is satisfied that granting the waiver is reasonably necessary in all the circumstances.\nA waiver under subsection (2) may—\nbe total or partial, and\napply to particular persons approved as an ELNO under section 15 or particular classes of those persons, and\napply generally or be limited in its application by reference to specified exceptions or factors, and\napply indefinitely or for a specified period, and\nbe unconditional or subject to conditions or restrictions.\ns 18A ins 2022 No. 18 (NSW) sch 1 s 6\n(sec.18A-ssec.1) A person approved as an ELNO under section 15 must, in accordance with the operating requirements, establish and maintain interoperability between the ELN operated by the person and each ELN operated by another ELNO.\n(sec.18A-ssec.2) The Registrar may waive compliance with the interoperability requirement if the Registrar is satisfied that granting the waiver is reasonably necessary in all the circumstances.\n(sec.18A-ssec.3) A waiver under subsection (2) may— be total or partial, and apply to particular persons approved as an ELNO under section 15 or particular classes of those persons, and apply generally or be limited in its application by reference to specified exceptions or factors, and apply indefinitely or for a specified period, and be unconditional or subject to conditions or restrictions.\n- (a) be total or partial, and\n- (b) apply to particular persons approved as an ELNO under section 15 or particular classes of those persons, and\n- (c) apply generally or be limited in its application by reference to specified exceptions or factors, and\n- (d) apply indefinitely or for a specified period, and\n- (e) be unconditional or subject to conditions or restrictions.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Renewal of approval as ELNO","content":"### sec.19 Renewal of approval as ELNO\n\nThe Registrar may renew an approval of a person as an ELNO under section 15 if the Registrar is satisfied that the person meets the qualifications for renewal of approval set out in the operating requirements.\nThe renewal of an approval under this section must be in writing and must state the period for which the renewal is to have effect.\nIn renewing an approval, the Registrar may exercise the powers in section 16 to attach conditions to the approval or vary or revoke conditions attached to the approval.\ns 19 amd 2022 No. 18 (NSW) sch 1 s 7\n(sec.19-ssec.1) The Registrar may renew an approval of a person as an ELNO under section 15 if the Registrar is satisfied that the person meets the qualifications for renewal of approval set out in the operating requirements.\n(sec.19-ssec.2) The renewal of an approval under this section must be in writing and must state the period for which the renewal is to have effect.\n(sec.19-ssec.3) In renewing an approval, the Registrar may exercise the powers in section 16 to attach conditions to the approval or vary or revoke conditions attached to the approval.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Revocation or suspension of approval as ELNO","content":"### sec.20 Revocation or suspension of approval as ELNO\n\nThe Registrar may revoke or suspend the approval of a person as an ELNO in the circumstances set out in the operating requirements.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Monitoring of activities in ELN","content":"### sec.21 Monitoring of activities in ELN\n\nThe Registrar may monitor activities in an ELN for any purpose, including (without limitation) for the purpose of maintaining the integrity of the titles register.\nThis section does not limit Division 5 .\n(sec.21-ssec.1) The Registrar may monitor activities in an ELN for any purpose, including (without limitation) for the purpose of maintaining the integrity of the titles register.\n(sec.21-ssec.2) This section does not limit Division 5 .","sortOrder":28},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Operating requirements and participation rules","content":"## Operating requirements and participation rules","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Operating requirements for ELNOs","content":"### sec.22 Operating requirements for ELNOs\n\nThe Registrar may determine, in writing, requirements ( operating requirements ) relating to:\nthe operation of an ELNO, and\nthe provision and operation, by an ELNO, of an ELN.\nThe operating requirements may (without limitation) include provisions relating to the following matters:\nthe financial standing of an ELNO,\nchanges in the control of an ELNO,\ncompliance with the participation rules, including (without limitation):\nrequiring an ELNO to use a participation agreement when authorising persons to use the ELN operated by the ELNO, and\nrequiring participation agreements to incorporate the participation rules,\ninteroperability, including, without limitation—\nrequiring an ELNO to enter into agreements with other ELNOs with respect to interoperability, and\nspecifying matters to be dealt with, and standard provisions to be included, in those agreements, and\nthe resolution of disputes between an ELNO and other ELNOs relating to interoperability,\nthe technical and operational requirements for an ELN, including, without limitation, data standards and other requirements relating to interoperability, for example, data standards with respect to associated financial transactions,\nthe integration of an ELN with other electronic systems,\nthe separation of services provided by the ELN operated by an ELNO from other services provided by the ELNO,\nfees and charges payable to an ELNO, including, without limitation, principles relating to—\nthe setting and publication of fees and charges, and\nthe apportionment of liability to pay fees and charges, and\nthe circumstances in which fees and charges are not payable,\nthe resolution of disputes between an ELNO and subscribers to the ELN operated by the ELNO or clients of those subscribers,\nparticipation by an ELNO in a scheme for an industry code relating to associated financial transactions and compliance by an ELNO with that code,\nthe insurance cover to be held by an ELNO,\nthe circumstances in which the Registrar may suspend or revoke the approval of a person as an ELNO,\nthe giving of directions to an ELNO by the Registrar, for example a direction to restrict, suspend or terminate a subscriber’s or other person’s use of the ELN operated by the ELNO.\ns 22 amd 2022 No. 18 (NSW) sch 1 ss 8 – 10\n(sec.22-ssec.1) The Registrar may determine, in writing, requirements ( operating requirements ) relating to: the operation of an ELNO, and the provision and operation, by an ELNO, of an ELN.\n(sec.22-ssec.2) The operating requirements may (without limitation) include provisions relating to the following matters: the financial standing of an ELNO, changes in the control of an ELNO, compliance with the participation rules, including (without limitation): requiring an ELNO to use a participation agreement when authorising persons to use the ELN operated by the ELNO, and requiring participation agreements to incorporate the participation rules, interoperability, including, without limitation— requiring an ELNO to enter into agreements with other ELNOs with respect to interoperability, and specifying matters to be dealt with, and standard provisions to be included, in those agreements, and the resolution of disputes between an ELNO and other ELNOs relating to interoperability, the technical and operational requirements for an ELN, including, without limitation, data standards and other requirements relating to interoperability, for example, data standards with respect to associated financial transactions, the integration of an ELN with other electronic systems, the separation of services provided by the ELN operated by an ELNO from other services provided by the ELNO, fees and charges payable to an ELNO, including, without limitation, principles relating to— the setting and publication of fees and charges, and the apportionment of liability to pay fees and charges, and the circumstances in which fees and charges are not payable, the resolution of disputes between an ELNO and subscribers to the ELN operated by the ELNO or clients of those subscribers, participation by an ELNO in a scheme for an industry code relating to associated financial transactions and compliance by an ELNO with that code, the insurance cover to be held by an ELNO, the circumstances in which the Registrar may suspend or revoke the approval of a person as an ELNO, the giving of directions to an ELNO by the Registrar, for example a direction to restrict, suspend or terminate a subscriber’s or other person’s use of the ELN operated by the ELNO.\n- (a) the operation of an ELNO, and\n- (b) the provision and operation, by an ELNO, of an ELN.\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 limitation): (i) requiring an ELNO to use a participation agreement when authorising persons to use the ELN operated by the ELNO, and (ii) requiring participation agreements to incorporate the participation rules,\n- (i) requiring an ELNO to use a participation agreement when authorising persons to use the ELN operated by the ELNO, and\n- (ii) requiring participation agreements to incorporate the participation rules,\n- (c) interoperability, including, without limitation— (i) requiring an ELNO to enter into agreements with other ELNOs with respect to interoperability, and (ii) specifying matters to be dealt with, and standard provisions to be included, in those agreements, and (iii) the resolution of disputes between an ELNO and other ELNOs relating to interoperability,\n- (i) requiring an ELNO to enter into agreements with other ELNOs with respect to interoperability, and\n- (ii) specifying matters to be dealt with, and standard provisions to be included, in those agreements, and\n- (iii) the resolution of disputes between an ELNO and other ELNOs relating to interoperability,\n- (c1) the technical and operational requirements for an ELN, including, without limitation, data standards and other requirements relating to interoperability, for example, data standards with respect to associated financial transactions,\n- (c2) the integration of an ELN with other electronic systems,\n- (c3) the separation of services provided by the ELN operated by an ELNO from other services provided by the ELNO,\n- (c4) fees and charges payable to an ELNO, including, without limitation, principles relating to— (i) the setting and publication of fees and charges, and (ii) the apportionment of liability to pay fees and charges, and (iii) the circumstances in which fees and charges are not payable,\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 payable,\n- (c5) the resolution of disputes between an ELNO and subscribers to the ELN operated by the ELNO or clients of those subscribers,\n- (c6) participation by an ELNO in a scheme for an industry code relating to associated financial transactions and compliance by an ELNO with that code,\n- (d) the insurance cover to be held by an ELNO,\n- (e) the circumstances in which the Registrar may suspend or revoke the approval of a person as an ELNO,\n- (f) the giving of directions to an ELNO by the Registrar, for example a direction to restrict, suspend or terminate a subscriber’s or other person’s use of the ELN operated by the ELNO.\n- (i) requiring an ELNO to use a participation agreement when authorising persons to use the ELN operated by the ELNO, and\n- (ii) requiring participation agreements to incorporate the participation rules,\n- (i) requiring an ELNO to enter into agreements with other ELNOs with respect to interoperability, and\n- (ii) specifying matters to be dealt with, and standard provisions to be included, in those agreements, and\n- (iii) the resolution of disputes between an ELNO and other ELNOs relating to interoperability,\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 payable,","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Participation rules","content":"### sec.23 Participation rules\n\nThe Registrar may determine, in writing, rules relating to the use of an ELN ( participation rules ).\nThe participation rules may (without limitation) include provisions relating to the following matters:\nthe eligibility criteria for subscribers,\nthe obligations of subscribers, including (without limitation) any representations or warranties they are required to give,\nthe circumstances in which a subscriber’s authority to use the ELN may be restricted, suspended or terminated,\nclient authorisations,\nthe obligations of subscribers to verify the identity of their clients,\nthe certification of registry instruments and other documents for use in connection with the ELN,\ndigital signing,\nthe retention of documents created or obtained in connection with a subscriber’s use of an ELN,\ncompliance by subscribers with the participation rules, including (without limitation) how subscribers demonstrate compliance with the rules, the procedures for notifying non-compliance and how non-compliance may be remedied.\n(sec.23-ssec.1) The Registrar may determine, in writing, rules relating to the use of an ELN ( participation rules ).\n(sec.23-ssec.2) The participation rules may (without limitation) include provisions relating to the following matters: the eligibility criteria for subscribers, the obligations of subscribers, including (without limitation) any representations or warranties they are required to give, the circumstances in which a subscriber’s authority to use the ELN may be restricted, suspended or terminated, client authorisations, the obligations of subscribers to verify the identity of their clients, the certification of registry instruments and other documents for use in connection with the ELN, digital signing, the retention of documents created or obtained in connection with a subscriber’s use of an ELN, compliance by subscribers with the participation rules, including (without limitation) how subscribers demonstrate compliance with the rules, the procedures for notifying non-compliance and how non-compliance may be remedied.\n- (a) the eligibility criteria for subscribers,\n- (b) the obligations of subscribers, including (without limitation) any representations or warranties they are required to give,\n- (c) the circumstances in which a subscriber’s authority to use the ELN may be restricted, suspended or terminated,\n- (d) client authorisations,\n- (e) the obligations of subscribers to verify the identity of their clients,\n- (f) the certification of registry instruments and other documents for use in connection with the ELN,\n- (g) digital signing,\n- (h) the retention of documents created or obtained in connection with a subscriber’s use of an ELN,\n- (i) compliance by subscribers with the participation rules, including (without limitation) how subscribers demonstrate compliance with the rules, the procedures for notifying non-compliance and how non-compliance may be remedied.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Registrar to have regard to nationally agreed model operating requirements and participation rules","content":"### sec.24 Registrar to have regard to nationally agreed model operating requirements and participation rules\n\nIn this section:\nmodel provisions means any model operating requirements or model participation rules from time to time developed and published by ARNECC.\nIn determining operating requirements and participation rules under this Law, and in determining changes to those requirements or rules, the Registrar must have regard to the desirability of maintaining consistency with any model provisions.\n(sec.24-ssec.1) In this section: model provisions means any model operating requirements or model participation rules from time to time developed and published by ARNECC.\n(sec.24-ssec.2) In determining operating requirements and participation rules under this Law, and in determining changes to those requirements or rules, the Registrar must have regard to the desirability of maintaining consistency with any model provisions.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Publication of operating requirements and participation rules","content":"### sec.25 Publication of operating requirements and participation rules\n\nThe Registrar must ensure that the following are publicly available:\nthe current operating requirements and participation rules,\nall superseded versions of the operating requirements and participation rules.\nThe operating requirements and participation rules, and any changes to either of them, must be made publicly available at least 20 business days before the operating requirements or participation rules or, as the case requires, the changes to them take effect.\nHowever, changes to the operating requirements or participation rules may take effect within a shorter period (including immediately on being made publicly available), if the Registrar is satisfied that the changes need to take effect urgently because an emergency situation exists.\nFor the purposes of subsection (3) , an emergency situation exists if the Registrar considers that, because of the occurrence of an event or the existence of particular circumstances, the operation, security, integrity or stability of an ELN or the titles register or the land titles system is being, or is likely to be, jeopardised.\nDocuments may be made publicly available in accordance with this section in any manner the Registrar considers appropriate, including (without limitation) by means of a website.\nIt is sufficient compliance with subsection (1) (b) if a superseded version of the operating requirements or participation rules (other than the most recently superseded version) is publicly available only on request made to the Registrar.\n(sec.25-ssec.1) The Registrar must ensure that the following are publicly available: the current operating requirements and participation rules, all superseded versions of the operating requirements and participation rules.\n(sec.25-ssec.2) The operating requirements and participation rules, and any changes to either of them, must be made publicly available at least 20 business days before the operating requirements or participation rules or, as the case requires, the changes to them take effect.\n(sec.25-ssec.3) However, changes to the operating requirements or participation rules may take effect within a shorter period (including immediately on being made publicly available), if the Registrar is satisfied that the changes need to take effect urgently because an emergency situation exists.\n(sec.25-ssec.4) For the purposes of subsection (3) , an emergency situation exists if the Registrar considers that, because of the occurrence of an event or the existence of particular circumstances, the operation, security, integrity or stability of an ELN or the titles register or the land titles system is being, or is likely to be, jeopardised.\n(sec.25-ssec.5) Documents may be made publicly available in accordance with this section in any manner the Registrar considers appropriate, including (without limitation) by means of a website.\n(sec.25-ssec.6) It is sufficient compliance with subsection (1) (b) if a superseded version of the operating requirements or participation rules (other than the most recently superseded version) is publicly available only on request made to the Registrar.\n- (a) the current operating requirements and participation rules,\n- (b) all superseded versions of the operating requirements and participation rules.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Subscribers required to comply with participation rules","content":"### sec.26 Subscribers required to comply with participation rules\n\nA subscriber who is authorised under a participation agreement to use an ELN must comply with the participation rules relating to that ELN.\nIf a subscriber contravenes those participation rules, the Registrar may:\nif the Registrar operates the ELN, restrict, suspend or terminate the subscriber’s use of the ELN, or\nif an ELNO operates the ELN, direct the ELNO to restrict, suspend or terminate the subscriber’s use of the ELN.\nSubsection (2) does not limit or affect any right, power, authority or remedy that the Registrar or an ELNO has under the operating requirements, the participation rules, a participation agreement or any other law of this jurisdiction in relation to contravention of the participation rules.\n(sec.26-ssec.1) A subscriber who is authorised under a participation agreement to use an ELN must comply with the participation rules relating to that ELN.\n(sec.26-ssec.2) If a subscriber contravenes those participation rules, the Registrar may: if the Registrar operates the ELN, restrict, suspend or terminate the subscriber’s use of the ELN, or if an ELNO operates the ELN, direct the ELNO to restrict, suspend or terminate the subscriber’s use of the ELN.\n(sec.26-ssec.3) Subsection (2) does not limit or affect any right, power, authority or remedy that the Registrar or an ELNO has under the operating requirements, the participation rules, a participation agreement or any other law of this jurisdiction in relation to contravention of the participation rules.\n- (a) if the Registrar operates the ELN, restrict, suspend or terminate the subscriber’s use of the ELN, or\n- (b) if an ELNO operates the ELN, direct the ELNO to restrict, suspend or terminate the subscriber’s use of the ELN.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Waiving compliance with operating requirements or participation rules","content":"### sec.27 Waiving compliance with operating requirements or participation rules\n\nThe Registrar may waive compliance with all or any provisions of the operating requirements or participation rules if the Registrar is satisfied that granting the waiver is reasonable in all the circumstances.\nA waiver under this section may:\nbe total or partial, and\napply generally to all persons, or be limited in its application to particular persons or particular classes of persons, and\napply generally or be limited in its application by reference to specified exceptions or factors, and\napply indefinitely or for a specified period, and\nbe unconditional or subject to conditions or restrictions.\n(sec.27-ssec.1) The Registrar may waive compliance with all or any provisions of the operating requirements or participation rules if the Registrar is satisfied that granting the waiver is reasonable in all the circumstances.\n(sec.27-ssec.2) A waiver under this section may: be total or partial, and apply generally to all persons, or be limited in its application to particular persons or particular classes of persons, and apply generally or be limited in its application by reference to specified exceptions or factors, and apply indefinitely or for a specified period, and be unconditional or subject to conditions or restrictions.\n- (a) be total or partial, and\n- (b) apply generally to all persons, or be limited in its application to particular persons or particular classes of persons, and\n- (c) apply generally or be limited in its application by reference to specified exceptions or factors, and\n- (d) apply indefinitely or for a specified period, and\n- (e) be unconditional or subject to conditions or restrictions.","sortOrder":35},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Appeal against decisions of Registrar","content":"### sec.28 Appeal against decisions of Registrar\n\nA person who is the subject of any of the following decisions (an appellable decision ) may require the Registrar to provide, in writing, the grounds for the decision:\na decision by the Registrar to refuse to approve the person as an ELNO,\na decision by the Registrar to refuse to renew the person’s approval as an ELNO,\na decision by the Registrar to suspend the person’s approval as an ELNO,\na decision by the Registrar to revoke the person’s approval as an ELNO,\na decision by the Registrar to attach a condition to the person’s approval as an ELNO, or to vary or revoke a condition of the person’s approval as an ELNO, if the attachment, variation or revocation of the condition is done without the person’s agreement,\na decision by the Registrar to restrict, suspend or terminate the person’s use, as a subscriber, of an ELN operated by the Registrar,\na decision by the Registrar to direct an ELNO to restrict, suspend or terminate the person’s use, as a subscriber, of the ELN operated by the ELNO.\nA person who is the subject of an appellable decision and who has received written grounds for the decision from the Registrar under subsection (1) or otherwise may appeal against the decision to the responsible tribunal.\n(sec.28-ssec.1) A person who is the subject of any of the following decisions (an appellable decision ) may require the Registrar to provide, in writing, the grounds for the decision: a decision by the Registrar to refuse to approve the person as an ELNO, a decision by the Registrar to refuse to renew the person’s approval as an ELNO, a decision by the Registrar to suspend the person’s approval as an ELNO, a decision by the Registrar to revoke the person’s approval as an ELNO, a decision by the Registrar to attach a condition to the person’s approval as an ELNO, or to vary or revoke a condition of the person’s approval as an ELNO, if the attachment, variation or revocation of the condition is done without the person’s agreement, a decision by the Registrar to restrict, suspend or terminate the person’s use, as a subscriber, of an ELN operated by the Registrar, a decision by the Registrar to direct an ELNO to restrict, suspend or terminate the person’s use, as a subscriber, of the ELN operated by the ELNO.\n(sec.28-ssec.2) A person who is the subject of an appellable decision and who has received written grounds for the decision from the Registrar under subsection (1) or otherwise may appeal against the decision to the responsible tribunal.\n- (a) a decision by the Registrar to refuse to approve the person as an ELNO,\n- (b) a decision by the Registrar to refuse to renew the person’s approval as an ELNO,\n- (c) a decision by the Registrar to suspend the person’s approval as an ELNO,\n- (d) a decision by the Registrar to revoke the person’s approval as an ELNO,\n- (e) a decision by the Registrar to attach a condition to the person’s approval as an ELNO, or to vary or revoke a condition of the person’s approval as an ELNO, if the attachment, variation or revocation of the condition is done without the person’s agreement,\n- (f) a decision by the Registrar to restrict, suspend or terminate the person’s use, as a subscriber, of an ELN operated by the Registrar,\n- (g) a decision by the Registrar to direct an ELNO to restrict, suspend or terminate the person’s use, as a subscriber, of the ELN operated by the ELNO.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Determination of appeal","content":"### sec.29 Determination of appeal\n\nAfter hearing the appeal, the responsible tribunal may:\nconfirm the appellable decision, or\namend the appellable decision, or\nsubstitute another decision for the appellable decision.\nIn amending the appellable decision or substituting another decision for the appellable decision, the responsible tribunal has the same powers as the Registrar under this Law.\n(sec.29-ssec.1) After hearing the appeal, the responsible tribunal may: confirm the appellable decision, or amend the appellable decision, or substitute another decision for the appellable decision.\n(sec.29-ssec.2) In amending the appellable decision or substituting another decision for the appellable decision, the responsible tribunal has the same powers as the Registrar under this Law.\n- (a) confirm the appellable decision, or\n- (b) amend the appellable decision, or\n- (c) substitute another decision for the appellable decision.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Costs","content":"### sec.30 Costs\n\nThe responsible tribunal may make any order about costs it considers appropriate for the proceedings under this Division.\nThis section does not apply if the responsible tribunal has power under another law of this jurisdiction to make an order about costs for proceedings under this Division.\n(sec.30-ssec.1) The responsible tribunal may make any order about costs it considers appropriate for the proceedings under this Division.\n(sec.30-ssec.2) This section does not apply if the responsible tribunal has power under another law of this jurisdiction to make an order about costs for proceedings under this Division.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Relationship with Act establishing responsible tribunal","content":"### sec.31 Relationship with Act establishing responsible tribunal\n\nThis Division:\napplies despite any provision to the contrary of the Act that establishes or continues the responsible tribunal, but\ndoes not otherwise limit:\nthat Act, or\nany rules, regulations or other instrument regulating the practice or procedure of the responsible tribunal.\n- (a) applies despite any provision to the contrary of the Act that establishes or continues the responsible tribunal, but\n- (b) does not otherwise limit: (i) that Act, or (ii) any rules, regulations or other instrument regulating the practice or procedure of the responsible tribunal.\n- (i) that Act, or\n- (ii) any rules, regulations or other instrument regulating the practice or procedure of the responsible tribunal.\n- (i) that Act, or\n- (ii) any rules, regulations or other instrument regulating the practice or procedure of the responsible tribunal.","sortOrder":40},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Compliance examinations","content":"## Compliance examinations","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Definitions","content":"### sec.32 Definitions\n\nIn this Division:\nELNO includes a former ELNO.\nsubscriber includes a former subscriber.","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Compliance examinations","content":"### sec.33 Compliance examinations\n\nThe Registrar may, on receiving a request or complaint from any person or on the Registrar’s own initiative, conduct an investigation ( compliance examination ) under this Part:\nin relation to an ELNO for any of the following purposes:\nascertaining whether or not the operating requirements are being, or have been, complied with,\nascertaining whether or not the interoperability requirement is being, or has been, complied with,\ninvestigating any suspected or alleged case of misconduct with respect to the operation of an ELN, or\nin relation to a subscriber for either or both of the following purposes:\nascertaining whether or not the participation rules are being, or have been, complied with,\ninvestigating any suspected or alleged case of misconduct with respect to the use of an ELN.\ns 33 amd 2022 No. 18 (NSW) sch 1 ss 11 – 12\n- (a) in relation to an ELNO for any of the following purposes: (i) ascertaining whether or not the operating requirements are being, or have been, complied with, (ia) ascertaining whether or not the interoperability requirement is being, or has been, complied with, (ii) investigating any suspected or alleged case of misconduct with respect to the operation of an ELN, or\n- (i) ascertaining whether or not the operating requirements are being, or have been, complied with,\n- (ia) ascertaining whether or not the interoperability requirement is being, or has been, complied with,\n- (ii) investigating any suspected or alleged case of misconduct with respect to the operation of an ELN, or\n- (b) in relation to a subscriber for either or both of the following purposes: (i) ascertaining whether or not the participation rules are being, or have been, complied with, (ii) investigating any suspected or alleged case of misconduct with respect to the use of an ELN.\n- (i) ascertaining whether or not the participation rules are being, or have been, complied with,\n- (ii) investigating any suspected or alleged case of misconduct with respect to the use of an ELN.\n- (i) ascertaining whether or not the operating requirements are being, or have been, complied with,\n- (ia) ascertaining whether or not the interoperability requirement is being, or has been, complied with,\n- (ii) investigating any suspected or alleged case of misconduct with respect to the operation of an ELN, or\n- (i) ascertaining whether or not the participation rules are being, or have been, complied with,\n- (ii) investigating any suspected or alleged case of misconduct with respect to the use of an ELN.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Obligation to cooperate with examination","content":"### sec.34 Obligation to cooperate with examination\n\nAn ELNO or a subscriber in relation to whom a compliance examination is being conducted must cooperate fully with the person conducting the compliance examination for the purpose of ensuring that the person is able to conduct a proper compliance examination.\nIn particular, an ELNO or a subscriber must comply with any reasonable requirement by the person conducting the compliance examination:\nto furnish specified information or to produce specified documents for the purposes of the compliance examination, or\nto take specified action for the purposes of the compliance examination.\nIf an ELNO fails, without reasonable excuse, to cooperate as required by this section, the Registrar may take any action that the Registrar is authorised to take under the operating requirements and that the Registrar considers appropriate, which may include (without limitation) the suspension or revocation of the ELNO’s approval under section 20 .\nIf a subscriber fails, without reasonable excuse, to cooperate as required by this section, the Registrar may take any action that the Registrar is authorised to take under the operating requirements, the participation rules or the land titles legislation and that the Registrar considers appropriate.\nFor the purposes of subsections (3) and (4) , it is not a reasonable excuse for a person to fail to give stated information, answer a question or to produce a document that giving the information, answering the question or producing the document might tend to incriminate the person or make the person liable to a penalty.\nHowever, the following is not admissible in evidence against an individual in a criminal proceeding:\ninformation provided by an individual in compliance with a requirement made under this section,\nan answer given by an individual in response to a question asked under this section,\na document produced by an individual in compliance with a requirement made under this section (other than a document to which subsection (7) applies),\ninformation directly or indirectly derived from:\ninformation mentioned in paragraph (a) , or\nan answer mentioned in paragraph (b) , or\na document mentioned in paragraph (c) (other than a document to which subsection (7) applies).\nA document produced by an individual in compliance with a requirement made under this section is not inadmissible in evidence against the individual in a criminal proceeding on the ground that the document might incriminate the individual if the document is required to be kept under this Law, the land titles legislation, the operating requirements or the participation rules.\nSubsection (6) does not apply to:\na proceeding about the false or misleading nature of anything in the information, answer or document, or\na proceeding in which the false or misleading nature of the information, answer or document is relevant evidence.\n(sec.34-ssec.1) An ELNO or a subscriber in relation to whom a compliance examination is being conducted must cooperate fully with the person conducting the compliance examination for the purpose of ensuring that the person is able to conduct a proper compliance examination.\n(sec.34-ssec.2) In particular, an ELNO or a subscriber must comply with any reasonable requirement by the person conducting the compliance examination: to furnish specified information or to produce specified documents for the purposes of the compliance examination, or to take specified action for the purposes of the compliance examination.\n(sec.34-ssec.3) If an ELNO fails, without reasonable excuse, to cooperate as required by this section, the Registrar may take any action that the Registrar is authorised to take under the operating requirements and that the Registrar considers appropriate, which may include (without limitation) the suspension or revocation of the ELNO’s approval under section 20 .\n(sec.34-ssec.4) If a subscriber fails, without reasonable excuse, to cooperate as required by this section, the Registrar may take any action that the Registrar is authorised to take under the operating requirements, the participation rules or the land titles legislation and that the Registrar considers appropriate.\n(sec.34-ssec.5) For the purposes of subsections (3) and (4) , it is not a reasonable excuse for a person to fail to give stated information, answer a question or to produce a document that giving the information, answering the question or producing the document might tend to incriminate the person or make the person liable to a penalty.\n(sec.34-ssec.6) However, the following is not admissible in evidence against an individual in a criminal proceeding: information provided by an individual in compliance with a requirement made under this section, an answer given by an individual in response to a question asked under this section, a document produced by an individual in compliance with a requirement made under this section (other than a document to which subsection (7) applies), information directly or indirectly derived from: information mentioned in paragraph (a) , or an answer mentioned in paragraph (b) , or a document mentioned in paragraph (c) (other than a document to which subsection (7) applies).\n(sec.34-ssec.7) A document produced by an individual in compliance with a requirement made under this section is not inadmissible in evidence against the individual in a criminal proceeding on the ground that the document might incriminate the individual if the document is required to be kept under this Law, the land titles legislation, the operating requirements or the participation rules.\n(sec.34-ssec.8) Subsection (6) does not apply to: a proceeding about the false or misleading nature of anything in the information, answer or document, or a proceeding in which the false or misleading nature of the information, answer or document is relevant evidence.\n- (a) to furnish specified information or to produce specified documents for the purposes of the compliance examination, or\n- (b) to take specified action for the purposes of the compliance examination.\n- (a) information provided by an individual in compliance with a requirement made under this section,\n- (b) an answer given by an individual in response to a question asked under this section,\n- (c) a document produced by an individual in compliance with a requirement made under this section (other than a document to which subsection (7) applies),\n- (d) information directly or indirectly derived from: (i) information mentioned in paragraph (a) , or (ii) an answer mentioned in paragraph (b) , or (iii) a document mentioned in paragraph (c) (other than a document to which subsection (7) applies).\n- (i) information mentioned in paragraph (a) , or\n- (ii) an answer mentioned in paragraph (b) , or\n- (iii) a document mentioned in paragraph (c) (other than a document to which subsection (7) applies).\n- (i) information mentioned in paragraph (a) , or\n- (ii) an answer mentioned in paragraph (b) , or\n- (iii) a document mentioned in paragraph (c) (other than a document to which subsection (7) applies).\n- (a) a proceeding about the false or misleading nature of anything in the information, answer or document, or\n- (b) a proceeding in which the false or misleading nature of the information, answer or document is relevant evidence.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Registrar may refer matter to appropriate authority","content":"### sec.35 Registrar may refer matter to appropriate authority\n\nIn this section:\nappropriate authority :\nmeans a person, body or organisation who or which is empowered by a law of this jurisdiction or of another State or the Commonwealth to take investigatory, disciplinary or other action, and\nincludes (without limiting paragraph (a) ):\na law enforcement agency, and\na regulatory or disciplinary body for persons engaged in any profession, occupation, calling or business, and\nanother registrar.\nInstead of conducting a compliance examination in relation to a matter, or at any time during a compliance examination or after the completion of a compliance examination in relation to a matter, the Registrar may refer the matter to an appropriate authority.\nIf the Registrar refers a matter to an appropriate authority, the Registrar is not obliged to take any other action in relation to the matter.\nThe Registrar may refer a matter to an appropriate authority despite any law of this jurisdiction relating to privacy or confidentiality.\ns 35 amd 2022 No. 18 (NSW) sch 1 ss 13 – 14\n(sec.35-ssec.1) In this section: appropriate authority : means a person, body or organisation who or which is empowered by a law of this jurisdiction or of another State or the Commonwealth to take investigatory, disciplinary or other action, and includes (without limiting paragraph (a) ): a law enforcement agency, and a regulatory or disciplinary body for persons engaged in any profession, occupation, calling or business, and another registrar.\n(sec.35-ssec.2) Instead of conducting a compliance examination in relation to a matter, or at any time during a compliance examination or after the completion of a compliance examination in relation to a matter, the Registrar may refer the matter to an appropriate authority.\n(sec.35-ssec.3) If the Registrar refers a matter to an appropriate authority, the Registrar is not obliged to take any other action in relation to the matter.\n(sec.35-ssec.4) The Registrar may refer a matter to an appropriate authority despite any law of this jurisdiction relating to privacy or confidentiality.\n- (a) means a person, body or organisation who or which is empowered by a law of this jurisdiction or of another State or the Commonwealth to take investigatory, disciplinary or other action, and\n- (b) includes (without limiting paragraph (a) ): (i) a law enforcement agency, and (ii) a regulatory or disciplinary body for persons engaged in any profession, occupation, calling or business, and (iii) another registrar.\n- (i) a law enforcement agency, and\n- (ii) a regulatory or disciplinary body for persons engaged in any profession, occupation, calling or business, and\n- (iii) another registrar.\n- (i) a law enforcement agency, and\n- (ii) a regulatory or disciplinary body for persons engaged in any profession, occupation, calling or business, and\n- (iii) another registrar.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Land titles legislation not limited","content":"### sec.36 Land titles legislation not limited\n\nNothing in this Division limits or affects any provision of the land titles legislation that authorises or permits any investigation, inquiry or examination of any kind.","sortOrder":46},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":47},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Delegation","content":"## Delegation","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Delegation by Registrar","content":"### sec.37 Delegation by Registrar\n\nThe Registrar may delegate the following to any other person:\nthe power conferred by section 21 to monitor activities in an ELN,\nany function under Division 5 of Part 3 ,\nthe power conferred by section 44 to approve forms.\nThe Registrar may, in an instrument of delegation, authorise the person to whom a power or function is delegated to subdelegate that power or function.\ns 37 amd 2022 No. 18 (NSW) sch 1 ss 15 – 16\n(sec.37-ssec.1) The Registrar may delegate the following to any other person: the power conferred by section 21 to monitor activities in an ELN, any function under Division 5 of Part 3 , the power conferred by section 44 to approve forms.\n(sec.37-ssec.2) The Registrar may, in an instrument of delegation, authorise the person to whom a power or function is delegated to subdelegate that power or function.\n- (a) the power conferred by section 21 to monitor activities in an ELN,\n- (b) any function under Division 5 of Part 3 ,\n- (c) the power conferred by section 44 to approve forms.","sortOrder":49},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Liability of Registrar","content":"## Liability of Registrar","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Registrar not obliged to monitor ELN or conduct compliance examination","content":"### sec.38 Registrar not obliged to monitor ELN or conduct compliance examination\n\nThe Registrar is not obliged:\nto monitor activities in an ELN under section 21 , or\nto conduct or complete a compliance examination under Division 5 of Part 3 .\n- (a) to monitor activities in an ELN under section 21 , or\n- (b) to conduct or complete a compliance examination under Division 5 of Part 3 .","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"No compensation","content":"### sec.39 No compensation\n\nNo person is entitled to receive compensation for any loss or damage arising out of anything done or omitted in good faith in, or in connection with, the monitoring of activities in an ELN under section 21 or the conduct of a compliance examination under Division 5 of Part 3 , including (without limitation):\nany decision made, in good faith, not to monitor activities in an ELN or not to conduct a compliance examination, and\nany decision made, in good faith, as to how activities in an ELN are to be monitored or how a compliance examination is to be conducted.\n- (a) any decision made, in good faith, not to monitor activities in an ELN or not to conduct a compliance examination, and\n- (b) any decision made, in good faith, as to how activities in an ELN are to be monitored or how a compliance examination is to be conducted.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Registrar not responsible for additional services provided by ELNO or associated financial transactions","content":"### sec.40 Registrar not responsible for additional services provided by ELNO or associated financial transactions\n\nThe mere fact that an ELNO provides services that are additional to those provided by the ELN operated by that ELNO does not make the Registrar responsible for the regulation or operation of those additional services.\nThe mere fact that the operating requirements include provisions relating to the following matters does not make the Registrar responsible for the regulation or conduct of associated financial transactions—\ndata standards relating to those transactions,\nparticipation by an ELNO in a scheme for an industry code relating to those transactions and compliance by an ELNO with that code.\ns 40 amd 2022 No. 18 (NSW) sch 1 ss 17 – 18\n(sec.40-ssec.1) The mere fact that an ELNO provides services that are additional to those provided by the ELN operated by that ELNO does not make the Registrar responsible for the regulation or operation of those additional services.\n(sec.40-ssec.2) The mere fact that the operating requirements include provisions relating to the following matters does not make the Registrar responsible for the regulation or conduct of associated financial transactions— data standards relating to those transactions, participation by an ELNO in a scheme for an industry code relating to those transactions and compliance by an ELNO with that code.\n- (a) data standards relating to those transactions,\n- (b) participation by an ELNO in a scheme for an industry code relating to those transactions and compliance by an ELNO with that code.","sortOrder":53},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Relationship with other laws","content":"## Relationship with other laws","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Other laws relating to electronic transactions not affected","content":"### sec.41 Other laws relating to electronic transactions not affected\n\nThis Law is in addition to, and not in substitution for:\nthe laws of this jurisdiction in relation to electronic transactions, and\nany other law of this jurisdiction that authorises or permits the use of electronic documents for the purposes of the land titles legislation.\n- (a) the laws of this jurisdiction in relation to electronic transactions, and\n- (b) any other law of this jurisdiction that authorises or permits the use of electronic documents for the purposes of the land titles legislation.","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Powers may be exercised for purposes of this Law","content":"### sec.42 Powers may be exercised for purposes of this Law\n\nIf any provision of the land titles legislation empowers the making of an instrument of a legislative or administrative character, or the doing of any other act or thing, that power is to be construed (with all necessary changes) as including a general power to make instruments of that character, or to do that act or thing, for the purposes of this Law.","sortOrder":56},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Registrar authorised to disclose certain information","content":"### sec.43 Registrar authorised to disclose certain information\n\nThe Registrar may disclose information about the following matters to ARNECC, another registrar or a person or body who or which has functions under, or responsibility for the administration or oversight of, this Law or the land titles legislation—\nan ELNO’s compliance with the operating requirements or the interoperability requirement,\na subscriber’s compliance with the participation rules,\na compliance examination conducted under Part 3 , Division 5 ,\nany other matter relating to the performance of the Registrar’s functions under this Law.\nThe Registrar may disclose the information despite any law of this jurisdiction relating to privacy or confidentiality.\nThis section does not limit or affect section 35 or any power or duty of the Registrar under the land titles legislation or any other law of this jurisdiction to disclose the information.\ns 43 ins 2022 No. 18 (NSW) sch 1 s 19\n(sec.43-ssec.1) The Registrar may disclose information about the following matters to ARNECC, another registrar or a person or body who or which has functions under, or responsibility for the administration or oversight of, this Law or the land titles legislation— an ELNO’s compliance with the operating requirements or the interoperability requirement, a subscriber’s compliance with the participation rules, a compliance examination conducted under Part 3 , Division 5 , any other matter relating to the performance of the Registrar’s functions under this Law.\n(sec.43-ssec.2) The Registrar may disclose the information despite any law of this jurisdiction relating to privacy or confidentiality.\n(sec.43-ssec.3) This section does not limit or affect section 35 or any power or duty of the Registrar under the land titles legislation or any other law of this jurisdiction to disclose the information.\n- (a) an ELNO’s compliance with the operating requirements or the 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 functions under this Law.","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Forms","content":"### sec.44 Forms\n\nThe Registrar may approve forms for use under this Law.\ns 44 ins 2022 No. 18 (NSW) sch 1 s 19","sortOrder":59},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":60},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Displacement of Schedule by contrary intention","content":"### sch.1-sec.1 Displacement of Schedule by contrary intention\n\nThe application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law.","sortOrder":61},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"General","content":"# General","sortOrder":62},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Law to be construed not to exceed legislative power of Legislature","content":"### sch.1-sec.2 Law to be construed not to exceed legislative power of Legislature\n\nThis Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\nIf a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction:\nit is a valid provision to the extent to which it is not in excess of the power, and\nthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\nThis clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n(sch.1-sec.2-ssec.1) This Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\n(sch.1-sec.2-ssec.2) If a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction: it is a valid provision to the extent to which it is not in excess of the power, and the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n(sch.1-sec.2-ssec.3) This clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n- (a) it is a valid provision to the extent to which it is not in excess of the power, and\n- (b) the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.","sortOrder":63},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Every section to be a substantive enactment","content":"### sch.1-sec.3 Every section to be a substantive enactment\n\nEvery section of this Law has effect as a substantive enactment without introductory words.","sortOrder":64},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Material that is, and is not, part of this Law","content":"### sch.1-sec.4 Material that is, and is not, part of this Law\n\nThe heading to a Part, Division or Subdivision into which this Law is divided is part of this Law.\nA Schedule to this Law is part of this Law.\nPunctuation in this Law is part of this Law.\nA heading to a section or subsection of this Law does not form part of this Law.\nNotes included in this Law (including footnotes and endnotes) do not form part of this Law.\n(sch.1-sec.4-ssec.1) The heading to a Part, Division or Subdivision into which this Law is divided is part of this Law.\n(sch.1-sec.4-ssec.2) A Schedule to this Law is part of this Law.\n(sch.1-sec.4-ssec.3) Punctuation in this Law is part of this Law.\n(sch.1-sec.4-ssec.4) A heading to a section or subsection of this Law does not form part of this Law.\n(sch.1-sec.4-ssec.5) Notes included in this Law (including footnotes and endnotes) do not form part of this Law.","sortOrder":65},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"References to particular Acts and to enactments","content":"### sch.1-sec.5 References to particular Acts and to enactments\n\nIn this Law:\nan Act of this jurisdiction may be cited:\nby its short title, or\nby reference to the year in which it was passed and its number, and\na Commonwealth Act may be cited:\nby its short title, or\nin another way sufficient in a Commonwealth Act for the citation of such an Act,\ntogether with a reference to the Commonwealth, and\nan Act of another jurisdiction may be cited:\nby its short title, or\nin another way sufficient in an Act of the jurisdiction for the citation of such an Act,\ntogether with a reference to the jurisdiction.\n- (a) an Act of this jurisdiction may be cited: (i) by its short title, or (ii) by reference to the year in which it was passed and its number, and\n- (i) by its short title, or\n- (ii) by reference to the year in which it was passed and its number, and\n- (b) a Commonwealth Act may be cited: (i) by its short title, or (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act, together with a reference to the Commonwealth, and\n- (i) by its short title, or\n- (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act,\n- (c) an Act of another jurisdiction may be cited: (i) by its short title, or (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act, together with a reference to the jurisdiction.\n- (i) by its short title, or\n- (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act,\n- (i) by its short title, or\n- (ii) by reference to the year in which it was passed and its number, and\n- (i) by its short title, or\n- (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act,\n- (i) by its short title, or\n- (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act,","sortOrder":66},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"References taken to be included in Act or Law citation etc","content":"### sch.1-sec.6 References taken to be included in Act or Law citation etc\n\nA reference in this Law to an Act includes a reference to:\nthe Act as originally enacted, and as amended from time to time since its original enactment, and\nif the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference, the Act as re-enacted, and as amended from time to time since its re-enactment.\nA reference in this Law to a provision of this Law or of an Act includes a reference to:\nthe provision as originally enacted, and as amended from time to time since its original enactment, and\nif the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference, the provision as re-enacted, and as amended from time to time since its re-enactment.\nSubclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n(sch.1-sec.6-ssec.1) A reference in this Law to an Act includes a reference to: the Act as originally enacted, and as amended from time to time since its original enactment, and if the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference, the Act as re-enacted, and as amended from time to time since its re-enactment.\n(sch.1-sec.6-ssec.2) A reference in this Law to a provision of this Law or of an Act includes a reference to: the provision as originally enacted, and as amended from time to time since its original enactment, and if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference, the provision as re-enacted, and as amended from time to time since its re-enactment.\n(sch.1-sec.6-ssec.3) Subclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n- (a) the Act as originally enacted, and as amended from time to time since its original enactment, and\n- (b) if the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference, the Act as re-enacted, and as amended from time to time since its re-enactment.\n- (a) the provision as originally enacted, and as amended from time to time since its original enactment, and\n- (b) if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference, the provision as re-enacted, and as amended from time to time since its re-enactment.","sortOrder":67},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Interpretation best achieving Law’s purpose","content":"### sch.1-sec.7 Interpretation best achieving Law’s purpose\n\nIn the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\nSubclause (1) applies whether or not the purpose is expressly stated in this Law.\n(sch.1-sec.7-ssec.1) In the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\n(sch.1-sec.7-ssec.2) Subclause (1) applies whether or not the purpose is expressly stated in this Law.","sortOrder":68},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Use of extrinsic material in interpretation","content":"### sch.1-sec.8 Use of extrinsic material in interpretation\n\nIn this clause:\nextrinsic material means relevant material not forming part of this Law, including, for example:\nmaterial that is set out in the document containing the text of this Law as printed by the Government Printer, and\na relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted, and\na relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted, and\na treaty or other international agreement that is mentioned in this Law, and\nan explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted, and\nthe speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time, and\nmaterial in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction, and\na document that is declared by this Law to be a relevant document for the purposes of this clause.\nordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law.\nSubject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation:\nif the provision is ambiguous or obscure, to provide an interpretation of it, or\nif the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable, to provide an interpretation that avoids such a result, or\nin any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\nIn determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to:\nthe desirability of a provision being interpreted as having its ordinary meaning, and\nthe undesirability of prolonging proceedings without compensating advantage, and\nother relevant matters.\n(sch.1-sec.8-ssec.1) In this clause: extrinsic material means relevant material not forming part of this Law, including, for example: material that is set out in the document containing the text of this Law as printed by the Government Printer, and a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted, and a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted, and a treaty or other international agreement that is mentioned in this Law, and an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted, and the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time, and material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction, and a document that is declared by this Law to be a relevant document for the purposes of this clause. ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law.\n(sch.1-sec.8-ssec.2) Subject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation: if the provision is ambiguous or obscure, to provide an interpretation of it, or if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable, to provide an interpretation that avoids such a result, or in any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\n(sch.1-sec.8-ssec.3) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to: the desirability of a provision being interpreted as having its ordinary meaning, and the undesirability of prolonging proceedings without compensating advantage, and other relevant matters.\n- (a) material that is set out in the document containing the text of this Law as printed by the Government Printer, and\n- (b) a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted, and\n- (c) a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted, and\n- (d) a treaty or other international agreement that is mentioned in this Law, and\n- (e) an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted, and\n- (f) the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time, and\n- (g) material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction, and\n- (h) a document that is declared by this Law to be a relevant document for the purposes of this clause.\n- (a) if the provision is ambiguous or obscure, to provide an interpretation of it, or\n- (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable, to provide an interpretation that avoids such a result, or\n- (c) in any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\n- (a) the desirability of a provision being interpreted as having its ordinary meaning, and\n- (b) the undesirability of prolonging proceedings without compensating advantage, and\n- (c) other relevant matters.","sortOrder":69},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Effect of change of drafting practice","content":"### sch.1-sec.9 Effect of change of drafting practice\n\nIf:\na provision of this Law expresses an idea in particular words, and\na provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example:\nthe use of a clearer or simpler style, or\nthe use of gender neutral language,\nthe ideas must not be taken to be different merely because different words are used.\n- (a) a provision of this Law expresses an idea in particular words, and\n- (b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example: (i) the use of a clearer or simpler style, or (ii) the use of gender neutral language,\n- (i) the use of a clearer or simpler style, or\n- (ii) the use of gender neutral language,\n- (i) the use of a clearer or simpler style, or\n- (ii) the use of gender neutral language,","sortOrder":70},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Use of examples","content":"### sch.1-sec.10 Use of examples\n\nIf this Law includes an example of the operation of a provision:\nthe example is not exhaustive, and\nthe example does not limit, but may extend, the meaning of the provision, and\nthe example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails.\n- (a) the example is not exhaustive, and\n- (b) the example does not limit, but may extend, the meaning of the provision, and\n- (c) the example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails.","sortOrder":71},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Compliance with forms","content":"### sch.1-sec.11 Compliance with forms\n\nIf a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\nIf a form prescribed or approved by or for the purpose of this Law requires:\nthe form to be completed in a specified way, or\nspecified information or documents to be included in, attached to or given with the form, or\nthe form, or information or documents included in, attached to or given with the form, to be verified in a specified way,\nthe form is not properly completed unless the requirement is complied with.\n(sch.1-sec.11-ssec.1) If a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\n(sch.1-sec.11-ssec.2) If a form prescribed or approved by or for the purpose of this Law requires: the form to be completed in a specified way, or specified information or documents to be included in, attached to or given with the form, or the form, or information or documents included in, attached to or given with the form, to be verified in a specified way, the form is not properly completed unless the requirement is complied with.\n- (a) the form to be completed in a specified way, or\n- (b) specified information or documents to be included in, attached to or given with the form, or\n- (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way,","sortOrder":72},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Terms and references","content":"# Terms and references","sortOrder":73},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.12 Definitions\n\nIn 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 promise, includes affirmation, declaration and promise.\namend includes:\nomit or omit and substitute, or\nalter or vary, or\namend by implication.\nappoint includes reappoint.\nAustralia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.\nbusiness day means a day that is not:\na Saturday or Sunday, or\na public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.\ncalendar month means a period starting at the beginning of any day of one of the 12 named months and ending:\nimmediately before the beginning of the corresponding day of the next named month, or\nif there is no such corresponding day, at the end of the next named 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 this Law or an Act, means the time at which this Law, the Act or provision comes into operation.\nCommonwealth means the Commonwealth of Australia but, when used 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:\na federation, or\na state, province or other part of a federation.\ndate of assent , in relation to an Act, means the day on which the Act receives the Royal Assent.\ndefinition means a provision of this Law (however expressed) that:\ngives a meaning to a word or expression, or\nlimits or extends the meaning of a word or expression.\ndocument means any record of information however recorded, and includes:\nanything on which there is writing, or\nanything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, or\nanything from which sounds, images or writings can be reproduced with or without the aid of anything else, or\na map, plan, drawing or photograph, or\nany record of information that exists in a digital form and is capable of being reproduced, transmitted, stored and duplicated by electronic means.\nexpire includes lapse or otherwise cease to have effect.\nexternal Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth 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 sovereign 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 jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument.\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 Bay Territory or the Northern Territory.\nJervis Bay Territory means the Territory mentioned in the Jervis Bay Territory 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:\na number expressed in figures or words, or\na letter, or\na combination of a number so expressed and a letter.\noath , in relation to a person allowed by law to affirm, declare or promise, 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.\nprinted includes typewritten, lithographed or reproduced by any mechanical 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 matter that form or forms part of this Law or the Act , and includes:\na Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act , or\na section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act , or\nthe long title and any preamble to the Act .\nrecord includes information stored or recorded by means of a computer.\nrepeal includes:\nrevoke or rescind, or\nrepeal by implication, or\nabrogate or limit the effect of this Law or the instrument concerned, or\nexclude from, or include in, the application of this Law or the instrument concerned any person, subject matter or circumstance.\nsign includes the affixing of a seal or the making of a mark.\nstatutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding.\nstatutory instrument means an instrument made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument.\nswear , in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise.\nword includes any symbol, figure or drawing.\nwriting includes any mode of representing or reproducing words in a visible form.\nIn a statutory instrument:\nthe Law means this Law.\n(sch.1-sec.12-ssec.1) In this Law: Act means an Act of the Legislature of this jurisdiction. adult means an individual who is 18 or more. affidavit , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise. amend includes: omit or omit and substitute, or alter or vary, or amend by implication. appoint includes reappoint. Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. business day means a day that is not: a Saturday or Sunday, or a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done. calendar month means a period starting at the beginning of any day of one of the 12 named months and ending: immediately before the beginning of the corresponding day of the next named month, or if there is no such corresponding day, at the end of the next named month. calendar year means a period of 12 months beginning on 1 January. commencement , in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation. Commonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. confer , in relation to a function, includes impose. contravene includes fail to comply with. country includes: a federation, or a state, province or other part of a federation. date of assent , in relation to an Act, means the day on which the Act receives the Royal Assent. definition means a provision of this Law (however expressed) that: gives a meaning to a word or expression, or limits or extends the meaning of a word or expression. document means any record of information however recorded, and includes: anything on which there is writing, or anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, or anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or a map, plan, drawing or photograph, or any record of information that exists in a digital form and is capable of being reproduced, transmitted, stored and duplicated by electronic means. expire includes lapse or otherwise cease to have effect. external Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act. fail includes refuse. financial year means a period of 12 months beginning on 1 July. foreign country means a country (whether or not an independent sovereign State) outside Australia and the external Territories. function includes a power, authority or duty. Gazette means the Government Gazette of this jurisdiction. Gazette notice means notice published in the Gazette. gazetted means published in the Gazette. Government Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument. individual means a natural person. insert , in relation to a provision of this Law, includes substitute. instrument includes a statutory instrument. internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory. Jervis Bay Territory means the Territory mentioned in the Jervis Bay Territory Acceptance Act 1915 (Commonwealth) . make includes issue or grant. minor means an individual who is under 18. modification includes addition, omission or substitution. month means a calendar month. named month means 1 of the 12 months of the year. Northern Territory means the Northern Territory of Australia. number means: a number expressed in figures or words, or a letter, or a combination of a number so expressed and a letter. oath , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise. office includes position. omit , in relation to a provision of this Law or an Act, includes repeal. party includes an individual or a body politic or corporate. penalty includes forfeiture or punishment. person includes an individual or a body politic or corporate. power includes authority. printed includes typewritten, lithographed or reproduced by any mechanical or electronic means. proceeding means a legal or other action or proceeding. provision , in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act , and includes: a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act , or a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act , or the long title and any preamble to the Act . record includes information stored or recorded by means of a computer. repeal includes: revoke or rescind, or repeal by implication, or abrogate or limit the effect of this Law or the instrument concerned, or exclude from, or include in, the application of this Law or the instrument concerned any person, subject matter or circumstance. sign includes the affixing of a seal or the making of a mark. statutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding. statutory instrument means an instrument made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument. swear , in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise. word includes any symbol, figure or drawing. writing includes any mode of representing or reproducing words in a visible form.\n(sch.1-sec.12-ssec.2) In a statutory instrument: the Law means this Law.\n- (a) omit or omit and substitute, or\n- (b) alter or vary, or\n- (c) amend by implication.\n- (a) a Saturday or Sunday, or\n- (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.\n- (a) immediately before the beginning of the corresponding day of the next named month, or\n- (b) if there is no such corresponding day, at the end of the next named month.\n- (a) a federation, or\n- (b) a state, province or other part of a federation.\n- (a) gives a meaning to a word or expression, or\n- (b) limits or extends the meaning of a word or expression.\n- (a) anything on which there is writing, or\n- (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, or\n- (c) anything from which sounds, images or writings can be reproduced 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 capable of being reproduced, transmitted, stored and duplicated by electronic 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.\n- (a) a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act , or\n- (b) a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act , or\n- (c) the long title and any preamble to the Act .\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 concerned, or\n- (d) exclude from, or include in, the application of this Law or the instrument concerned any person, subject matter or circumstance.","sortOrder":74},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Provisions relating to defined terms and gender and number","content":"### sch.1-sec.13 Provisions relating to defined terms and gender and number\n\nIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\nDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\nIn this Law, words indicating a gender include each other gender.\nIn this Law:\nwords in the singular include the plural, and\nwords in the plural include the singular.\n(sch.1-sec.13-ssec.1) If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n(sch.1-sec.13-ssec.2) Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n(sch.1-sec.13-ssec.3) In this Law, words indicating a gender include each other gender.\n(sch.1-sec.13-ssec.4) In this Law: words in the singular include the plural, and words in the plural include the singular.\n- (a) words in the singular include the plural, and\n- (b) words in the plural include the singular.","sortOrder":75},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Meaning of “may” and “must” etc","content":"### sch.1-sec.14 Meaning of “may” and “must” etc\n\nIn this Law, the word may , or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\nIn this Law, the word must , or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\nThis clause has effect despite any rule of construction to the contrary.\n(sch.1-sec.14-ssec.1) In this Law, the word may , or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\n(sch.1-sec.14-ssec.2) In this Law, the word must , or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\n(sch.1-sec.14-ssec.3) This clause has effect despite any rule of construction to the contrary.","sortOrder":76},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Words and expressions used in statutory instruments","content":"### sch.1-sec.15 Words and expressions used in statutory instruments\n\nWords and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\nThis clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.\n(sch.1-sec.15-ssec.1) Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\n(sch.1-sec.15-ssec.2) This clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.","sortOrder":77},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Effect of express references to bodies corporate and individuals","content":"### sch.1-sec.16 Effect of express references to bodies corporate and individuals\n\nIn this Law, a reference to a person generally (whether the expression “person”, “party”, “someone”, “anyone”, “no-one”, “one”, “another” or “whoever” or another expression is used):\ndoes not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed), and\ndoes not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).\n- (a) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed), and\n- (b) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).","sortOrder":78},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Production of records kept in computers etc","content":"### sch.1-sec.17 Production of records kept in computers etc\n\nIf a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law:\nto produce the information or a document containing the information to a court, tribunal or person, or\nto make a document containing the information available for inspection by a court, tribunal or person,\nthen, unless the court, tribunal or person otherwise directs:\nthe requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person, and\nthe production to the court, tribunal or person of the document in that form complies with the requirement.\n- (a) to produce the information or a document containing the information to a court, tribunal or person, or\n- (b) to make a document containing the information available for inspection by a court, tribunal or person,\n- (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person, and\n- (d) the production to the court, tribunal or person of the document in that form complies with the requirement.","sortOrder":79},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"References to this jurisdiction to be implied","content":"### sch.1-sec.18 References to this jurisdiction to be implied\n\nIn this Law:\na reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction, and\na reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.\n- (a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction, and\n- (b) a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.","sortOrder":80},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"References to officers and holders of offices","content":"### sch.1-sec.19 References to officers and holders of offices\n\nIn this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.","sortOrder":81},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Reference to certain provisions of Law","content":"### sch.1-sec.20 Reference to certain provisions of Law\n\nIf a provision of this Law refers:\nto a Part, section or Schedule by a number and without reference to this Law, the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law, or\nto a Schedule without reference to it by a number and without reference to this Law, the reference, if there is only one Schedule to this Law, is a reference to the Schedule, or\nto a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law, the reference is a reference to:\nthe Division, designated by the number, of the Part in which the reference occurs, and\nthe Subdivision, designated by the number, of the Division in which the reference occurs, and\nthe subsection, designated by the number, of the section in which the reference occurs, and\nthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs, and\nthe paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs, and\nthe subparagraph, designated by the number, of the paragraph in which the reference occurs, and\nthe sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs, and\nthe section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs,\nas the case requires.\n- (a) to a Part, section or Schedule by a number and without reference to this Law, the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law, or\n- (b) to a Schedule without reference to it by a number and without reference to this Law, the reference, if there is only one Schedule to this Law, is a reference to the Schedule, or\n- (c) to a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law, the reference is a reference to: (i) the Division, designated by the number, of the Part in which the reference occurs, and (ii) the Subdivision, designated by the number, of the Division in which the reference occurs, and (iii) the subsection, designated by the number, of the section in which the reference occurs, and (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs, and (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs, and (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs, and (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs, and (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs,\n- (i) the Division, designated by the number, of the Part in which the reference occurs, and\n- (ii) the Subdivision, designated by the number, of the Division in which the reference occurs, and\n- (iii) the subsection, designated by the number, of the section in which the reference occurs, and\n- (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs, and\n- (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs, and\n- (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs, and\n- (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs, and\n- (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs,\n- (i) the Division, designated by the number, of the Part in which the reference occurs, and\n- (ii) the Subdivision, designated by the number, of the Division in which the reference occurs, and\n- (iii) the subsection, designated by the number, of the section in which the reference occurs, and\n- (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs, and\n- (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs, and\n- (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs, and\n- (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs, and\n- (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs,","sortOrder":82},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Reference to provisions of this Law or an Act is inclusive","content":"### sch.1-sec.21 Reference to provisions of this Law or an Act is inclusive\n\nIn this Law, a reference to a portion of this Law or an Act includes:\na reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion, and\na reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.\nA reference to “ sections 5 to 9 ” includes both section 5 and section 9 . It is not necessary to refer to “ sections 5 to 9 (both inclusive)” to ensure that the reference is given an inclusive interpretation.\n- (a) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion, and\n- (b) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.","sortOrder":83},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Functions and powers","content":"# Functions and powers","sortOrder":84},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Performance of statutory functions","content":"### sch.1-sec.22 Performance of statutory functions\n\nIf this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.\nIf this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\nIf this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.\n(sch.1-sec.22-ssec.1) If this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.\n(sch.1-sec.22-ssec.2) If this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\n(sch.1-sec.22-ssec.3) If this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.","sortOrder":85},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Power to make instrument or decision includes power to amend or repeal","content":"### sch.1-sec.23 Power to make instrument or decision includes power to amend or repeal\n\nIf this Law authorises or requires the making of an instrument or decision:\nthe power includes power to amend or repeal the instrument or decision, and\nthe power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.\n- (a) the power includes power to amend or repeal the instrument or decision, and\n- (b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.","sortOrder":86},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"Matters for which statutory instruments may make provision","content":"### sch.1-sec.24 Matters for which statutory instruments may make provision\n\nIf this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of:\nan Act or statutory instrument, or\nanother document (whether of the same or a different kind),\nas in force at a particular time or as in force from time to time.\nIf a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\nA statutory instrument may:\napply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction, or\napply generally to all persons, matters or things or be limited in its application to:\nparticular persons, matters or things, or\nparticular classes of persons, matters or things, or\notherwise apply generally or be limited in its application by reference to specified exceptions or factors.\nA statutory instrument may:\napply differently according to different specified factors, or\notherwise make different provision in relation to:\ndifferent persons, matters or things, or\ndifferent classes of persons, matters or things.\nA statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\nIf this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\nIf this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\nA statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\nA statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n(sch.1-sec.24-ssec.1) If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of: an Act or statutory instrument, or another document (whether of the same or a different kind), as in force at a particular time or as in force from time to time.\n(sch.1-sec.24-ssec.2) If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\n(sch.1-sec.24-ssec.3) A statutory instrument may: apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction, or apply generally to all persons, matters or things or be limited in its application to: particular persons, matters or things, or particular classes of persons, matters or things, or otherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n(sch.1-sec.24-ssec.4) A statutory instrument may: apply differently according to different specified factors, or otherwise make different provision in relation to: different persons, matters or things, or different classes of persons, matters or things.\n(sch.1-sec.24-ssec.5) A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\n(sch.1-sec.24-ssec.6) If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\n(sch.1-sec.24-ssec.7) If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\n(sch.1-sec.24-ssec.8) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\n(sch.1-sec.24-ssec.9) A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n- (a) an Act or statutory instrument, or\n- (b) another document (whether of the same or a different kind),\n- (a) apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction, or\n- (b) apply generally to all persons, matters or things or be limited in its application to: (i) particular persons, matters or things, or (ii) particular classes of persons, matters or things, or\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 reference to specified exceptions or factors.\n- (i) particular persons, matters or things, or\n- (ii) particular classes of persons, matters or things, or\n- (a) apply differently according to different specified factors, or\n- (b) otherwise make different provision in relation to: (i) different persons, matters or things, or (ii) different classes of persons, matters or things.\n- (i) different persons, matters or things, or\n- (ii) different classes of persons, matters or things.\n- (i) different persons, matters or things, or\n- (ii) different classes of persons, matters or things.","sortOrder":87},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"Presumption of validity and power to make","content":"### sch.1-sec.25 Presumption of validity and power to make\n\nAll conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\nA statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.\n(sch.1-sec.25-ssec.1) All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\n(sch.1-sec.25-ssec.2) A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.","sortOrder":88},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"Appointments may be made by name or office","content":"### sch.1-sec.26 Appointments may be made by name or office\n\nIf this Law authorises or requires a person or body:\nto appoint a person to an office, or\nto appoint a person or body to exercise a power, or\nto appoint a person or body to do another thing,\nthe person or body may make the appointment by:\nappointing a person or body by name, or\nappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\nAn appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n(sch.1-sec.26-ssec.1) If this Law authorises or requires a person or body: to appoint a person to an office, or to appoint a person or body to exercise a power, or to appoint a person or body to do another thing, the person or body may make the appointment by: appointing a person or body by name, or appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n(sch.1-sec.26-ssec.2) An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\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,\n- (d) appointing a person or body by name, or\n- (e) appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.","sortOrder":89},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Acting appointments","content":"### sch.1-sec.27 Acting appointments\n\nIf this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint:\na person by name, or\na particular officer, or the holder of a particular office, by reference to the title of the office concerned,\nto act in the office.\nThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\nThe appointer may:\ndetermine the terms and conditions of the appointment, including remuneration and allowances, and\nterminate the appointment at any time.\nThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\nThe appointee must not act for more than one year during a vacancy in the office.\nIf the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until:\nthe appointer otherwise directs, or\nthe vacancy is filled, or\nthe end of a year from the day of the vacancy,\nwhichever happens first.\nThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\nWhile the appointee is acting in the office:\nthe appointee has all the powers and functions of the holder of the office, and\nthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\nAnything done by or in relation to a person purporting to act in the office is not invalid merely because:\nthe occasion for the appointment had not arisen, or\nthe appointment had ceased to have effect, or\nthe occasion for the person to act had not arisen or had ceased.\nIf this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n(sch.1-sec.27-ssec.1) If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint: a person by name, or a particular officer, or the holder of a particular office, by reference to the title of the office concerned, to act in the office.\n(sch.1-sec.27-ssec.2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n(sch.1-sec.27-ssec.3) The appointer may: determine the terms and conditions of the appointment, including remuneration and allowances, and terminate the appointment at any time.\n(sch.1-sec.27-ssec.4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n(sch.1-sec.27-ssec.5) The appointee must not act for more than one year during a vacancy in the office.\n(sch.1-sec.27-ssec.6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until: the appointer otherwise directs, or the vacancy is filled, or the end of a year from the day of the vacancy, whichever happens first.\n(sch.1-sec.27-ssec.7) The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n(sch.1-sec.27-ssec.8) While the appointee is acting in the office: the appointee has all the powers and functions of the holder of the office, and this Law and other laws apply to the appointee as if the appointee were the holder of the office.\n(sch.1-sec.27-ssec.9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because: the occasion for the appointment had not arisen, or the appointment had ceased to have effect, or the occasion for the person to act had not arisen or had ceased.\n(sch.1-sec.27-ssec.10) If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n- (a) a person by name, or\n- (b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned,\n- (a) determine the terms and conditions of the appointment, including remuneration and allowances, and\n- (b) terminate the appointment at any time.\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,\n- (a) the appointee has all the powers and functions of the holder of the office, and\n- (b) this Law and other laws apply to the appointee as if the appointee were the holder of the office.\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.","sortOrder":90},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Powers of appointment imply certain incidental powers","content":"### sch.1-sec.28 Powers of appointment imply certain incidental powers\n\nIf this Law authorises or requires a person or body to appoint a person to an office:\nthe power may be exercised from time to time as occasion requires, and\nthe power includes:\npower to remove or suspend, at any time, a person appointed to the office, and\npower to appoint another person to act in the office if a person appointed to the office is removed or suspended, and\npower to reinstate or reappoint a person removed or suspended, and\npower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled), and\npower to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\nThe power to remove or suspend a person under subclause (1) (b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\nThe power to make an appointment under subclause (1) (b) may be exercised from time to time as occasion requires.\nAn appointment under subclause (1) (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n(sch.1-sec.28-ssec.1) If this Law authorises or requires a person or body to appoint a person to an office: the power may be exercised from time to time as occasion requires, and the power includes: power to remove or suspend, at any time, a person appointed to the office, and power to appoint another person to act in the office if a person appointed to the office is removed or suspended, and power to reinstate or reappoint a person removed or suspended, and power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled), and power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n(sch.1-sec.28-ssec.2) The power to remove or suspend a person under subclause (1) (b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\n(sch.1-sec.28-ssec.3) The power to make an appointment under subclause (1) (b) may be exercised from time to time as occasion requires.\n(sch.1-sec.28-ssec.4) An appointment under subclause (1) (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n- (a) the power may be exercised from time to time as occasion requires, and\n- (b) the power includes: (i) power to remove or suspend, at any time, a person appointed to the office, and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended, and (iii) power to reinstate or reappoint a person removed or suspended, and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled), and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n- (i) power to remove or suspend, at any time, a person appointed to the office, and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended, and\n- (iii) power to reinstate or reappoint a person removed or suspended, and\n- (iv) power to appoint a person to act in the office if it is vacant (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 appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n- (i) power to remove or suspend, at any time, a person appointed to the office, and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended, and\n- (iii) power to reinstate or reappoint a person removed or suspended, and\n- (iv) power to appoint a person to act in the office if it is vacant (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 appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).","sortOrder":91},{"sectionNumber":"sch.1-sec.29","sectionType":"section","heading":"Delegation of functions","content":"### sch.1-sec.29 Delegation of functions\n\nIf this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to:\na person or body by name, or\na specified officer, or the holder of a specified office, by reference to the title of the office concerned.\nThe delegation may be:\ngeneral or limited, and\nmade from time to time, and\nrevoked, wholly or partly, by the delegator.\nThe delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\nA delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\nThe delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.\nA delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.\nA delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\nIf, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.\nIf:\nthe delegator is a specified officer or the holder of a specified office, and\nthe person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office,\nthen:\nthe delegation continues in force, and\nthe person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this clause.\nIf:\nthe delegator is a body, and\nthere is a change in the membership of the body,\nthen:\nthe delegation continues in force, and\nthe body as constituted for the time being is taken to be the delegator for the purposes of this clause.\nIf a function is delegated to a specified officer or the holder of a specified office:\nthe delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office, and\nthe function may be exercised by the person for the time being occupying or acting in the office concerned.\nA function that has been delegated may, despite the delegation, be exercised by the delegator.\nThe delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.\nSubject to subclause (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.\nIf this Law authorises the delegation of a function, the function may be subdelegated only if this Law expressly authorises the function to be subdelegated.\n(sch.1-sec.29-ssec.1) If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to: a person or body by name, or a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n(sch.1-sec.29-ssec.2) The delegation may be: general or limited, and made from time to time, and revoked, wholly or partly, by the delegator.\n(sch.1-sec.29-ssec.3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\n(sch.1-sec.29-ssec.4) A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\n(sch.1-sec.29-ssec.5) The delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.\n(sch.1-sec.29-ssec.6) A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.\n(sch.1-sec.29-ssec.7) A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\n(sch.1-sec.29-ssec.8) If, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.\n(sch.1-sec.29-ssec.9) If: the delegator is a specified officer or the holder of a specified office, and the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office, then: the delegation continues in force, and the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this clause.\n(sch.1-sec.29-ssec.10) If: the delegator is a body, and there is a change in the membership of the body, then: the delegation continues in force, and the body as constituted for the time being is taken to be the delegator for the purposes of this clause.\n(sch.1-sec.29-ssec.11) If a function is delegated to a specified officer or the holder of a specified office: the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office, and the function may be exercised by the person for the time being occupying or acting in the office concerned.\n(sch.1-sec.29-ssec.12) A function that has been delegated may, despite the delegation, be exercised by the delegator.\n(sch.1-sec.29-ssec.13) The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.\n(sch.1-sec.29-ssec.14) Subject to subclause (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.\n(sch.1-sec.29-ssec.15) If this Law authorises the delegation of a function, the function may be subdelegated only if this Law expressly authorises the function to be subdelegated.\n- (a) a person or body by name, or\n- (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n- (a) general or limited, and\n- (b) made from time to time, and\n- (c) revoked, wholly or partly, by the delegator.\n- (a) the delegator is a specified officer or the holder of a specified office, and\n- (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office,\n- (c) the delegation continues in force, and\n- (d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this clause.\n- (a) the delegator is a body, and\n- (b) there is a change in the membership of the body,\n- (a) the delegation continues in force, and\n- (b) the body as constituted for the time being is taken to be the delegator for the purposes of this clause.\n- (a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office, and\n- (b) the function may be exercised by the person for the time being occupying or acting in the office concerned.","sortOrder":92},{"sectionNumber":"sch.1-sec.30","sectionType":"section","heading":"Exercise of powers before commencement","content":"### sch.1-sec.30 Exercise of powers before commencement\n\nIf a provision of this Law (the empowering provision ) that has not commenced would, had it commenced, confer a power:\nto make an appointment, or\nto make a statutory instrument of a legislative or administrative character, or\nto do another thing,\nthen:\nthe power may be exercised, and\nanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\nbefore the empowering provision commences.\nIf a provision of a New South Wales Act (the empowering provision ) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power:\nto make an appointment, or\nto make a statutory instrument of a legislative or administrative character, or\nto do another thing,\nthen:\nthe power may be exercised, and\nanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\nbefore the empowering provision commences.\nIf:\nthis Law has commenced and confers a power to make a statutory instrument (the basic statutory instrument-making power ), and\na provision of a New South Wales Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power ),\nthen:\nthe basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument, and\nany provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).\nIf an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of:\nenabling the exercise of a power mentioned in the subclause, or\nbringing an appointment, instrument or other thing made or done under such a power into effect \nthe instrument or provision takes effect:\non the making of the instrument, or\non such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\nIf:\nan appointment is made under subclause (1) or (2), or\nan instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4),\nthe appointment, instrument or provision takes effect:\non the commencement of the relevant empowering provision, or\non such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\nAnything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\nAfter the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\nIn the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\n(sch.1-sec.30-ssec.1) If a provision of this Law (the empowering provision ) that has not commenced would, had it commenced, confer a power: to make an appointment, or to make a statutory instrument of a legislative or administrative character, or to do another thing, then: the power may be exercised, and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect, before the empowering provision commences.\n(sch.1-sec.30-ssec.2) If a provision of a New South Wales Act (the empowering provision ) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power: to make an appointment, or to make a statutory instrument of a legislative or administrative character, or to do another thing, then: the power may be exercised, and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect, before the empowering provision commences.\n(sch.1-sec.30-ssec.3) If: this Law has commenced and confers a power to make a statutory instrument (the basic statutory instrument-making power ), and a provision of a New South Wales Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power ), then: the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument, and any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).\n(sch.1-sec.30-ssec.4) If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of: enabling the exercise of a power mentioned in the subclause, or bringing an appointment, instrument or other thing made or done under such a power into effect  the instrument or provision takes effect: on the making of the instrument, or on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\n(sch.1-sec.30-ssec.5) If: an appointment is made under subclause (1) or (2), or an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4), the appointment, instrument or provision takes effect: on the commencement of the relevant empowering provision, or on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\n(sch.1-sec.30-ssec.6) Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\n(sch.1-sec.30-ssec.7) After the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\n(sch.1-sec.30-ssec.8) In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\n- (a) to make an appointment, or\n- (b) to make a statutory instrument of a legislative or administrative character, or\n- (c) to do another thing,\n- (d) the power may be exercised, and\n- (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\n- (a) to make an appointment, or\n- (b) to make a statutory instrument of a legislative or administrative character, or\n- (c) to do another thing,\n- (d) the power may be exercised, and\n- (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\n- (a) this Law has commenced and confers a power to make a statutory instrument (the basic statutory instrument-making power ), and\n- (b) a provision of a New South Wales Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power ),\n- (c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument, and\n- (d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).\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 under such a power into 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) at which, the instrument or provision is expressed to take effect.\n- (a) an appointment is made under subclause (1) or (2), or\n- (b) an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4),\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) at which, the appointment, instrument or provision is expressed to take effect.","sortOrder":93},{"sectionNumber":"sch.1-pt.5","sectionType":"part","heading":"Distance, time and age","content":"# Distance, time and age","sortOrder":94},{"sectionNumber":"sch.1-sec.31","sectionType":"section","heading":"Matters relating to distance, time and age","content":"### sch.1-sec.31 Matters relating to distance, time and age\n\nIn the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\nIf a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and:\nif the period is expressed to be a specified number of clear days or at least a specified number of days, by excluding the day on which the purpose is to be fulfilled, and\nin any other case, by including the day on which the purpose is to be fulfilled.\nIf the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\nIf the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\nIf no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\nIf, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\nFor the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.\n(sch.1-sec.31-ssec.1) In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\n(sch.1-sec.31-ssec.2) If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and: if the period is expressed to be a specified number of clear days or at least a specified number of days, by excluding the day on which the purpose is to be fulfilled, and in any other case, by including the day on which the purpose is to be fulfilled.\n(sch.1-sec.31-ssec.3) If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\n(sch.1-sec.31-ssec.4) If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\n(sch.1-sec.31-ssec.5) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\n(sch.1-sec.31-ssec.6) If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\n(sch.1-sec.31-ssec.7) For the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.\n- (a) if the period is expressed to be a specified number of clear days or at least a specified number of days, by excluding the day on which the purpose is to be fulfilled, and\n- (b) in any other case, by including the day on which the purpose is to be fulfilled.","sortOrder":95},{"sectionNumber":"sch.1-pt.6","sectionType":"part","heading":"Effect of repeal, amendment or expiration","content":"# Effect of repeal, amendment or expiration","sortOrder":96},{"sectionNumber":"sch.1-sec.32","sectionType":"section","heading":"Time of Law ceasing to have effect","content":"### sch.1-sec.32 Time of Law ceasing to have effect\n\nIf a provision of this Law is expressed:\nto expire on a specified day, or\nto remain or continue in force, or otherwise have effect, until a specified day,\nthe provision has effect until the last moment of the specified day.\n- (a) to expire on a specified day, or\n- (b) to remain or continue in force, or otherwise have effect, until a specified day,","sortOrder":97},{"sectionNumber":"sch.1-sec.33","sectionType":"section","heading":"Repealed Law provisions not revived","content":"### sch.1-sec.33 Repealed Law provisions not revived\n\nIf a provision of this Law is repealed or amended by a New South Wales Act, or a provision of a New South Wales Act, the provision is not revived merely because the New South Wales Act or the provision of the New South Wales Act:\nis later repealed or amended, or\nlater expires.\n- (a) is later repealed or amended, or\n- (b) later expires.","sortOrder":98},{"sectionNumber":"sch.1-sec.34","sectionType":"section","heading":"Saving of operation of repealed Law provisions","content":"### sch.1-sec.34 Saving of operation of repealed Law provisions\n\nThe repeal, amendment or expiry of a provision of this Law does not:\nrevive anything not in force or existing at the time the repeal, amendment or expiry takes effect, or\naffect the previous operation of the provision or anything suffered, done or begun under the provision, or\naffect a right, privilege or liability acquired, accrued or incurred under the provision, or\naffect a penalty incurred in relation to an offence arising under the provision, or\naffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\nAny such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n(sch.1-sec.34-ssec.1) The repeal, amendment or expiry of a provision of this Law does not: revive anything not in force or existing at the time the repeal, amendment or expiry takes effect, or affect the previous operation of the provision or anything suffered, done or begun under the provision, or affect a right, privilege or liability acquired, accrued or incurred under the provision, or affect a penalty incurred in relation to an offence arising under the provision, or affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n(sch.1-sec.34-ssec.2) Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n- (a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect, or\n- (b) affect the previous operation of the provision or anything suffered, done or begun under the provision, or\n- (c) affect a right, privilege or liability acquired, accrued or incurred under the provision, or\n- (d) affect a penalty incurred in relation to an offence arising under the provision, or\n- (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.","sortOrder":99},{"sectionNumber":"sch.1-sec.35","sectionType":"section","heading":"Continuance of repealed provisions","content":"### sch.1-sec.35 Continuance of repealed provisions\n\nIf a New South Wales Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.","sortOrder":100},{"sectionNumber":"sch.1-sec.36","sectionType":"section","heading":"Law and amending Acts to be read as one","content":"### sch.1-sec.36 Law and amending Acts to be read as one\n\nThis Law and all New South Wales Acts amending this Law are to be read as one.","sortOrder":101},{"sectionNumber":"sch.1-pt.7","sectionType":"part","heading":"Instruments under Law","content":"# Instruments under Law","sortOrder":102},{"sectionNumber":"sch.1-sec.37","sectionType":"section","heading":"Schedule applies to statutory instruments","content":"### sch.1-sec.37 Schedule applies to statutory instruments\n\nThis Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\nThe fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.\n(sch.1-sec.37-ssec.1) This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\n(sch.1-sec.37-ssec.2) The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.","sortOrder":103}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.3 (definition of 'jurisdiction') and sec.3 (definition of 'State') and sec.3 (definition of 'Territory')","severity":"high","reasoning":"Section 3 defines 'jurisdiction' as 'State', and 'State' as including a 'Territory'. Section 6(2) then provides a separate, substantive definition of 'State' meaning 'the Crown in right of this jurisdiction'. These two definitions are used throughout the Law without disambiguation. A court must determine which definition of 'State' applies in any given provision, yet the Law provides no resolution mechanism beyond the general interpretive provision in sec.3(2). The circularity is further compounded because 'participating jurisdiction' depends on 'jurisdiction' which depends on 'State' which in sec.6 means something else entirely.","confidence":0.82,"description":"Circular definitional loop: 'jurisdiction' means 'State'; 'State' includes a 'Territory'; 'Territory' means the ACT or NT. But 'jurisdiction' is then used in 'participating jurisdiction', which is used to define the scope of the Law itself. Meanwhile sec.6(2) redefines 'State' to mean the Crown in right of the jurisdiction — a completely different meaning from the sec.3 definition of 'State'. Two irreconcilable definitions of 'State' exist within the same instrument."},{"type":"other","section":"sec.12(1) and sec.12(2)","severity":"high","reasoning":"While sec.12(4) provides a repudiation mechanism, the burden falls entirely on the subscriber to affirmatively establish multiple conjunctive conditions. Subsection (2) expressly makes fraud irrelevant to the initial binding effect. The repudiation test in sec.12(4)(c) requires proving no failure of 'reasonable care' by the subscriber or any employee/agent/contractor/officer — a near-impossible standard in a fraud scenario where, by definition, care was subverted by a third party. The combination creates a practical impossibility of repudiation despite acknowledged fraud.","confidence":0.78,"description":"Section 12(2) states that subsection (1) — making a digital signature binding — applies 'regardless of the circumstances (including fraud) in which the subscriber's digital signature was created.' This means a signature obtained by fraud is legally binding on the subscriber and all persons on whose behalf they act, which is a fundamental inversion of the general legal principle that fraud vitiates consent and voids obligations."},{"type":"self_contradicting","section":"sec.34(5) and sec.34(6)","severity":"high","reasoning":"The structure is: (5) you must disclose despite self-incrimination risk; (6) we protect you from that evidence being used; (8) but not if the evidence shows you lied or committed fraud. The net effect is that the most serious forms of misconduct (fraud, forgery) receive no protection, while trivial technical non-compliances do. The person most at risk of criminal prosecution receives the least protection. This is arguably the intended policy outcome but creates a logical absurdity in the stated rationale of the immunity.","confidence":0.75,"description":"Section 34(5) removes the privilege against self-incrimination as a 'reasonable excuse' for non-cooperation, effectively compelling potentially self-incriminating disclosures under threat of sanction. Section 34(6) then provides a use immunity for that compelled evidence. However, sec.34(8) carves out proceedings about 'false or misleading' content from that immunity. This means a person compelled to produce a document that is false (e.g. a forged document they themselves created) loses the immunity protection — they are compelled to produce evidence of their own crime without effective protection."},{"type":"impossible_compliance","section":"sec.25(2) and sec.25(3)","severity":"medium","reasoning":"The 20-day notice requirement is the substantive protection for ELNOs and subscribers against sudden rule changes. The emergency exception is defined entirely by the Registrar's subjective satisfaction, with no objective threshold, no independent check, and no definition of what constitutes jeopardy to 'stability' of an ELN. Given the breadth of the exception, the mandatory notice period can be bypassed at will, making it illusory.","confidence":0.8,"description":"Section 25(2) requires 20 business days' public notice before operating requirements or participation rules take effect. Section 25(3) allows changes to take effect immediately if an 'emergency situation' exists. Section 25(4) defines 'emergency situation' by reference to the Registrar's own subjective opinion ('the Registrar considers'). The Registrar can therefore always bypass the 20-day requirement by forming the view that an emergency exists, rendering the 20-day requirement effectively optional."},{"type":"other","section":"sec.38 and sec.21","severity":"medium","reasoning":"Section 37(1)(a) allows delegation of the sec.21 monitoring power to 'any other person' without qualification. An ELNO is 'any other person'. Combined with the Registrar's lack of obligation to monitor (sec.38), a scenario arises where the Registrar delegates monitoring to the very entity being monitored, with no oversight obligation. While operationally unlikely, the legislative text permits it.","confidence":0.55,"description":"Section 21 confers a power on the Registrar to monitor ELN activities, framed as discretionary ('may'). Section 38 then confirms the Registrar has no obligation to monitor. However, sec.37 permits the Registrar to delegate the monitoring power to 'any other person' — including potentially the ELNO being monitored. There is no restriction on to whom delegation may be made, which could result in an ELNO monitoring itself."},{"type":"circular_definition","section":"sec.3 (definition of 'application law') and sec.3 (definition of 'corresponding law')","severity":"low","reasoning":"Application law includes corresponding law. Corresponding law means a law corresponding to this Law — but this Law is itself spread across participating jurisdictions via application laws. The definition of 'participating jurisdiction' then depends on both these definitions. While functional in practice (there is a clear real-world referent), the text creates a logical loop that could cause interpretive difficulties at the margins.","confidence":0.65,"description":"The definition of 'application law' includes 'a corresponding law'. 'Corresponding law' means a law that 'corresponds to this Law'. A law that 'corresponds to this Law' may itself be an 'application law'. The definitions are mutually referential and do not ground out in a non-circular definition."},{"type":"self_contradicting","section":"sec.11(1)(b) and sec.11(3)","severity":"medium","reasoning":"The deeming in sec.11(1)(b) removes the client authorisation from the powers of attorney regime. However, sec.11(3) re-applies that regime to client authorisations that are themselves executed under a power of attorney. This means: (a) the client authorisation is not a power of attorney, but (b) when created using a power of attorney, it is governed by power of attorney law. The instrument cannot simultaneously be exempt from and subject to a legal regime, causing uncertainty about which requirements govern execution.","confidence":0.72,"description":"Section 11(1)(b) declares that a client authorisation 'is not a power of attorney for the purposes of any other law of this jurisdiction relating to powers of attorney.' Section 11(3) then preserves the application of powers of attorney law to client authorisations executed under a power of attorney. The instrument is simultaneously declared not to be a power of attorney and subjected to power of attorney law."}],"contradictions":[{"severity":"high","section_a":"sec.6(2) (definition of 'State')","section_b":"sec.3 (definition of 'State' and 'jurisdiction')","confidence":0.85,"description":"Section 3 defines 'jurisdiction' as 'State' and 'State' as including a Territory (ACT or NT). Section 6(2) defines 'State' as 'the Crown in right of this jurisdiction' including the Government, Ministers and statutory corporations. These are fundamentally different definitions of the same term operating in the same instrument without a clear mechanism to determine which applies in any given context."},{"severity":"medium","section_a":"sec.12(1) (digital signature binding regardless of fraud)","section_b":"sec.12(4) (repudiation available where signature not created by subscriber)","confidence":0.7,"description":"Section 12(1)-(2) makes a digital signature binding regardless of fraud. Section 12(4) provides that a subscriber can repudiate if they prove the signature was not created by them or an authorised person AND there was no failure of reasonable care. The repudiation provision is internally contradicted by sec.12(2)'s statement that subsection (1) applies 'regardless of the circumstances (including fraud)' — if fraud is expressly included as irrelevant, the fraud-based repudiation in sec.12(4) is conceptually undermined even where technically available."},{"severity":"medium","section_a":"sec.25(2) (mandatory 20 business days notice)","section_b":"sec.25(3) and sec.25(4) (immediate effect available on Registrar's subjective satisfaction)","confidence":0.82,"description":"Section 25(2) imposes a mandatory minimum 20 business days' notice period framed in obligatory terms ('must be made publicly available at least 20 business days before'). Section 25(3) allows this to be reduced to zero days based solely on the Registrar's own satisfaction that urgency exists, with sec.25(4) defining urgency by reference to the Registrar's own opinion. The mandatory obligation in sec.25(2) is effectively negated by the subjective exception."},{"severity":"medium","section_a":"sec.17(3) (ELNO is not an agent of the State)","section_b":"sec.26(2)(b) (Registrar may direct ELNO to restrict subscriber access)","confidence":0.68,"description":"Section 17(3) declares that an ELNO 'is not and does not represent the State, and is not an agent of the State.' However, sec.26(2)(b) allows the Registrar to direct an ELNO to restrict, suspend or terminate a subscriber's use of the ELN. The ability to issue binding regulatory directions is a hallmark of an agency or principal-agent relationship. An entity subject to binding directions from a public official to take adverse action against third parties is functionally acting as an agent of that official, contradicting the express non-agency declaration."},{"severity":"high","section_a":"sec.34(5) (self-incrimination not a reasonable excuse)","section_b":"sec.34(6) (compelled evidence inadmissible in criminal proceedings)","confidence":0.78,"description":"Section 34(5) removes the privilege against self-incrimination as a defence to non-compliance, compelling disclosure. Section 34(6) provides use immunity for compelled disclosures. However, sec.34(7) renders sec.34(6) inapplicable to documents required to be kept by law — meaning those documents are both compellable (sec.34(5)) and admissible (sec.34(7) overriding sec.34(6)). Section 34(5) and sec.34(7) together compel production of potentially incriminating records with full admissibility, directly contradicting the protective purpose of sec.34(6)."},{"severity":"medium","section_a":"sec.9(3)(b) (all execution/witnessing/attestation requirements deemed satisfied)","section_b":"sec.11(3) (powers of attorney law preserved for client authorisations executed under POA)","confidence":0.65,"description":"Section 9(3)(b) deems all requirements relating to 'execution, signing, witnessing, attestation or sealing' to be fully satisfied when a registry instrument is digitally signed in accordance with participation rules. Section 11(3) preserves the application of powers of attorney law (which includes execution, witnessing and attestation requirements) to client authorisations executed under a power of attorney. Where a client authorisation is used to digitally sign a registry instrument, it is unclear whether the blanket satisfaction in sec.9(3)(b) overrides or coexists with the preserved POA requirements under sec.11(3)."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This version expands the regulatory reach beyond a narrow facilitation of electronic lodgment. Notable scope extensions include: (1) a statutory interoperability requirement imposed on ELNOs (sec 18A) with a defined waiver regime (2022 insertion), which adds technical and cross‑network obligations; (2) strengthened monitoring, compliance examination and disclosure powers for the Registrar (secs 21, 33–35, 43), including the ability to refer matters to law enforcement or disciplinary bodies despite privacy constraints; (3) broadened delegated rule‑making and enforcement mechanisms through detailed operating requirements and participation rules (secs 22–23) that can cover fees, data standards, separation of services, and dispute resolution; and (4) tighter statutory effect and protection for digital signatures and client authorisations (secs 9, 11–12). Collectively these changes move the law from being primarily an enabling vehicle for electronic lodgment to a more active regulatory regime shaping technical standards, operator conduct and market arrangements."},"complexity_factors":["Over 50 defined terms spread across s3 and Schedule 1, with many terms carrying specialised technical or cross-jurisdictional meaning (e.g. 'ELN', 'ELNO', 'participating jurisdiction', 'land titles legislation').","Extensive delegated rule‑making powers: Registrar can determine operating requirements and participation rules with broad open‑ended subject lists (secs 22–23).","Multiple layers of conditional discretion and exceptions (waivers, emergency rule changes, delegation, Registrar directions) creating branching outcomes (secs 18A(2), 25(3), 27, 37).","New interoperability obligation (sec 18A) with technical, contractual and standards implications and a specified waiver framework (2022 insertion).","Cross‑references to external instruments and regimes (land titles legislation of each participating jurisdiction, ARNECC model provisions, industry codes for associated financial transactions), increasing interpretive dependencies (secs 22, 24).","Enforcement and oversight complexity: monitoring, compliance examinations, evidentiary protections, and referral powers interact with other regulatory and criminal frameworks (secs 21, 33–35, 34(6)–(7)).","Appeals structure with specified appellable decisions and tribunal powers to confirm/amend/substitute Registrar decisions (secs 28–29) — procedural overlay to substantive discretion.","Broad publication and timing rules with an emergency exception that shortens usual notice requirements, adding conditional timing complexity (sec 25).","Numerous administrative powers that may be delegated or subdelegated, creating possible multi‑actor implementation pathways (sec 37 and Schedule 1 delegation provisions).","Significant interaction between technical standards (data/interoperability), commercial contracts (participation agreements), and statutory obligations — multiple legal and operational domains intersect."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a legal framework that allows land title documents and related conveyancing paperwork to be created, signed and lodged electronically using an Electronic Lodgment Network (ELN) (secs 5, 7, 13).\n- Authorises the Registrar in each participating jurisdiction either to run an ELN or to approve private operators (ELNOs) to provide and operate ELNs (secs 14–17).\n- Gives the Registrar power to set written operating requirements for ELNOs and participation rules for people who use ELNs (subscribers). Those rules cover matters such as eligibility, identity verification, digital signing, retention of documents, fees, technical standards and dispute resolution (secs 22–23).\n- Treats an electronic registry instrument (a document created and lodged through an ELN in the approved form) as having the same legal effect as the equivalent paper document and as being “in writing” for other laws (sec 9).\n- Provides for client authorisations (authorities from a party to a conveyancing transaction that allow a subscriber to act or sign on their behalf electronically) and says a properly completed client authorisation operates according to its terms and is not itself a general power of attorney (secs 10–11).\n- Makes digital signatures created under the participation rules binding and treated as the subscriber’s signature unless the subscriber successfully repudiates it under narrow grounds (sec 12).\n- Requires ELNOs to establish and maintain interoperability between their ELNs and other ELNs so that users of different networks can complete transactions together (sec 18A). The Registrar may waive this requirement in specified circumstances.\n- Gives the Registrar powers to monitor ELN activity, to inspect or investigate ELNOs and subscribers through compliance examinations, to suspend or revoke approvals, and to direct ELNOs to restrict or terminate a subscriber’s access (secs 21, 33–35, 16, 20, 26).\n- Provides an appeal route to the responsible tribunal against specified Registrar decisions (secs 28–31).\n- Requires public publication of the current operating requirements and participation rules and any changes (with a 20 business day minimum notice period, subject to an emergency exception) (sec 25).\n- Permits the Registrar to disclose compliance and other operational information to ARNECC, other registrars or bodies with oversight responsibilities, even if privacy or confidentiality laws might otherwise limit disclosure (secs 24, 43).\n\nWho is affected\n\n- Registrars (state/territory land registries): can operate ELNs, approve ELNOs, set rules, monitor activity, and make regulatory decisions (many sections).\n- ELNOs (Electronic Lodgment Network Operators): must meet operating requirements, comply with participation rules, implement interoperability, maintain insurance, publish fees, and face suspension or revocation for non‑compliance (secs 15–22, 18A).\n- Subscribers (e.g. conveyancers, lawyers, mortgagees, agents authorised under a participation agreement): must comply with participation rules, verify client identity, adopt client authorisations, use digital signing as required and face suspension or termination for breaches (secs 23, 26).\n- Parties to conveyancing transactions and their financial institutions: electronic registry instruments and digital signatures are binding and treated like paper documents; financial institutions that pay or receive money under an electronic payment direction are covered (secs 9, 12).\n- ARNECC (the national council of registrars) and other registrars: influence model rules and receive compliance information (secs 24, 43).\n\nWhy it matters (official rationale and practical test)\n\n- Officially: the law’s object is to improve efficiency in property conveyancing across Australia by enabling electronic lodgment while preserving fundamental Torrens title principles such as indefeasibility (sec 5).\n\n- Tested against costs, incentives and trade-offs:\n  - Who pays: subscribers and ELNOs bear operational and compliance costs (technology, identity verification, insurance, audit), and these costs may be passed to clients via fees (secs 22–23, 25).\n  - Who decides: the Registrar has substantial discretion to set operating requirements and participation rules and to grant waivers or attach conditions (secs 22, 23, 27). That central role concentrates regulatory control at the registry level.\n  - Behaviour change: lawyers, conveyancers and banks will shift from paper lodgment and manual signature practices to digital workflows and client authorisations; ELNOs must prioritise interoperability and data standards (secs 9, 10, 18A, 22–23).\n  - Competition and market structure: the interoperability requirement (sec 18A) is intended to allow subscribers on different ELNs to transact together, which reduces lock-in to a single ELN and supports competition between ELNOs. At the same time, the Registrar’s control over approvals, operating requirements and fees (secs 15, 22, 25) means regulation can shape market entry and pricing.\n  - Compliance burden and implementation risk: detailed participation rules, monitoring and compliance examinations create ongoing compliance obligations for subscribers and ELNOs (secs 23, 33–34). Technical interoperability and secure integration with financial transaction systems are non-trivial (secs 22(c1), 22(c2), 33).\n  - Concentrated benefits vs diffuse costs: approved ELNOs and parties that can influence model rules (ARNECC, registrars) gain concentrated benefits from operating the networks; many small subscribers face diffuse compliance costs.\n  - Discretion, waiver and referral powers: wide waiver powers (secs 18A(2), 27) and the Registrar’s ability to refer matters to enforcement or disciplinary authorities (sec 35) create flexibility but increase regulatory discretion and potential administrative unpredictability.\n  - Data sharing and privacy trade-offs: the Registrar may disclose information to ARNECC or other authorities despite privacy laws (secs 35, 43), shifting some privacy risk toward the regulator and participants.\n\nPractical points to note (how the law operates day-to-day)\n\n- An electronic registry instrument signed under the participation rules is legally equivalent to a paper-signed instrument and satisfies witnessing and execution formalities across other laws (sec 9).\n- A client authorisation replaces the need for repeat wet signatures for electronic completion, but is narrowly defined and is not itself a general power of attorney (secs 10–11).\n- A subscriber’s digital signature will be binding for many parties (including financial institutions paying under an electronic payment instruction) unless the subscriber proves narrowly defined repudiation grounds (sec 12).\n- The Registrar publishes rules and may change them with 20 business days’ notice unless an urgent emergency exists, in which case changes can take immediate effect (sec 25).\n- If a subscriber or ELNO does not cooperate with a compliance examination, the Registrar has powers to suspend or revoke approvals; information provided in examinations is protected from criminal prosecution in certain respects (sec 34).\n\nSelected relevant sections: 5 (object), 7–9 (electronic lodgment and legal effect), 10–12 (client authorisations and digital signatures), 13–20 (ELNs and ELNO approvals), 18A (interoperability requirement), 22–27 (operating requirements, participation rules, waivers), 33–35 (compliance examinations and referrals), 43 (disclosure to ARNECC/registrars)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original law focused on enabling basic electronic lodgment of property documents. Its scope has meaningfully expanded through amendments (notably the 2022 NSW amendments applied via schedule) to include: mandatory interoperability between competing Electronic Lodgment Network Operators; express disclosure powers for the Registrar to share information with other registrars and oversight bodies despite privacy laws; explicit regulation of associated financial transactions (e.g., settlement payments); and inclusion of ELNOs as beneficiaries of binding digital signatures. The law has evolved from a simple electronic filing enabler into a comprehensive regulatory regime for an entire digital property transaction ecosystem."},"complexity_factors":["Multi-jurisdictional national law framework — Queensland adopts a law originally based in NSW with amendments, requiring cross-referencing between jurisdictions","Highly technical definitions with interdependencies (e.g., ELN, ELNO, subscriber, participation rules, operating requirements all reference each other)","Digital signature liability provisions (section 12) are legally complex — the conditions for repudiating a digital signature are narrow and technically precise","Three-tiered regulatory structure: Registrar sets rules, ELNOs operate networks, subscribers use networks — each layer has different obligations and enforcement mechanisms","Interoperability requirements (section 18A) involve novel technical and legal obligations between competing commercial operators","Compliance examination provisions (sections 33-36) include modified privilege/self-incrimination rules that interact with criminal law","Many substantive matters are left to subordinate instruments (operating requirements and participation rules) that are not contained in the Act itself, requiring readers to locate external documents","The law interacts with and preserves multiple existing frameworks: land titles legislation, electronic transactions laws, powers of attorney laws, and Torrens title principles"],"plain_english_summary":"This law creates a national framework letting land and property transfers in Queensland and other states be done entirely online through approved electronic platforms. It makes electronically lodged documents and digital signatures legally equivalent to paper, enabling faster, cheaper settlements while requiring interoperability between platforms.\n\nIt affects buyers and sellers, the lawyers/conveyancers/banks who act for them (subscribers), platform operators (ELNOs), and the Queensland Government; it also imposes strict identity, signature and oversight rules — and a high bar for undoing digital signatures."},"kimi_summary":{"_metrics":{"completionTokens":720},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded beyond its original 2011 framework through the 2022 amendments (2022 No. 18). New provisions include: mandatory interoperability between competing ELNOs (section 18A), enhanced data standards for financial transactions, expanded Registrar powers to disclose information to ARNECC and other jurisdictions, and more detailed compliance examination powers. The original law focused on establishing electronic lodgment; the amended version actively regulates competition and data sharing between ELNOs."},"complexity_factors":["Extensive cross-referencing to external documents: operating requirements and participation rules are determined separately by the Registrar and incorporated by reference","Multiple nested definitions with circular dependencies (e.g., 'participating jurisdiction' depends on 'application law' which depends on 'corresponding law')","Complex conditional logic for digital signature repudiation in section 12 with multiple cumulative requirements","Federal-state interplay: the law is a 'template' law applied differently in each participating jurisdiction through 'application laws'","Interoperability requirements (section 18A) create technical obligations that depend on external agreements between competing ELNOs","Schedule 1 contains 37 sections of general interpretation provisions that apply across the entire Act","Multiple waiver provisions with detailed conditions (sections 18A, 27)","Compliance examination provisions include complex evidentiary protections (section 34) with exceptions to those protections"],"plain_english_summary":"This law creates a national framework for **electronic property conveyancing** in Australia — that is, buying, selling, and transferring land through digital systems rather than paper documents.\n\n**What it does:**\n- **Establishes Electronic Lodgment Networks (ELNs)** — digital platforms where property documents can be prepared, signed, and lodged with land registries\n- **Authorises \"Electronic Lodgment Network Operators\" (ELNOs)** — private companies approved by the Registrar to run these platforms (the Registrar can also operate an ELN directly)\n- **Creates a system of \"subscribers\"** — typically lawyers and conveyancers who are authorised to use ELNs to complete transactions on behalf of clients\n- **Provides for \"client authorisations\"** — documents where property owners authorise subscribers to digitally sign documents and handle settlements on their behalf\n- **Gives electronic documents legal force** — a digitally signed document has the same effect as a paper one, and satisfies requirements for writing, witnessing, and sealing under other laws\n\n**Key protections:**\n- Digital signatures are binding and cannot be repudiated (denied) except in limited circumstances — such as where the signature was created by fraud and the subscriber took reasonable care\n- The Registrar monitors compliance and can investigate ELNOs and subscribers\n- Decisions about approvals and suspensions can be appealed to a tribunal\n\n**Who it affects:**\n- Property buyers and sellers (indirectly — their transactions go through this system)\n- Lawyers, conveyancers, and other professionals who handle property transactions\n- ELNOs like PEXA and other electronic settlement platforms\n- State and Territory land registries (Registrars)\n\n**Why it matters:**\nBefore this law, property transactions required physical paper documents and often in-person settlements. This law enables fully electronic conveyancing, making property transactions faster, more efficient, and less reliant on physical meetings — while preserving the fundamental protections of Australia's Torrens land title system (such as the guarantee of title)."}},"importantCases":[],"_links":{"self":"/api/acts/electronic-conveyancing-national-law-queensland","history":"/api/acts/electronic-conveyancing-national-law-queensland/history","analysis":"/api/acts/electronic-conveyancing-national-law-queensland/analysis","conflicts":"/api/acts/electronic-conveyancing-national-law-queensland/conflicts","importantCases":"/api/acts/electronic-conveyancing-national-law-queensland/important-cases","documents":"/api/acts/electronic-conveyancing-national-law-queensland/documents"}}