{"id":"electronic-conveyancing-national-law-south-australia-act-2013","name":"Electronic Conveyancing National Law (South Australia) Act 2013","slug":"electronic-conveyancing-national-law-south-australia-act-2013","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31963,"registerId":"sa-electronic-conveyancing-national-law-south-australia-act-2013-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electronic Conveyancing National Law (South Australia) Act 2013","content":"South Australia\nElectronic Conveyancing National Law (South Australia) Act 2013\nAn Act to make provision for a national law relating to electronic conveyancing.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tDefinitions\nPart 2—Application of Electronic Conveyancing National Law\n4\tApplication of Electronic Conveyancing National Law\n5\tMeaning of generic terms in Electronic Conveyancing National Law for purposes of this jurisdiction\n6\tAmendments to Schedule to maintain national consistency\n7\tTime for appeal against decisions of Registrar\n8\tExclusion of legislation of this jurisdiction\nPart 3—Regulations\n9\tRegulations\nSchedule 1—Electronic Conveyancing National Law\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tDefinitions\n4\tInterpretation generally\n5\tObject of this Law\n6\tLaw binds the State\nPart 2—Electronic Conveyancing\nDivision 1—Electronic lodgement\n7\tDocuments may be lodged electronically\n8\tRegistrar to process documents lodged electronically\n9\tStatus of electronic registry instruments\nDivision 2—Client authorisations and digital signatures\nSubdivision 1—Client authorisations\n10\tClient authorisations\n11\tEffect of client authorisation\nSubdivision 2—Digital signatures\n12\tReliance on, and repudiation of, digital signatures\nPart 3—Electronic Lodgement Networks\nDivision 1—Preliminary\n13\tElectronic Lodgement Network\nDivision 2—Operation of Electronic Lodgement Networks\n14\tRegistrar may provide and operate ELN\n15\tRegistrar may approve ELNO to provide and operate ELN\n16\tConditions of approval as ELNO\n17\tEffect of approval as ELNO\n18\tELNO required to comply with operating requirements\n19\tRenewal of approval as ELNO\n20\tRevocation or suspension of approval as ELNO\n21\tMonitoring of activities in ELN\nDivision 3—Operating requirements and participation rules\n22\tOperating requirements for ELNOs\n23\tParticipation rules\n24\tRegistrar to have regard to nationally agreed model operating requirements and participation rules\n25\tPublication of operating requirements and participation rules\n26\tSubscribers required to comply with participation rules\n27\tWaiving compliance with operating requirements or participation rules\nDivision 4—Appeals\n28\tAppeal against decisions of Registrar\n29\tDetermination of appeal\n30\tCosts\n31\tRelationship with Act establishing responsible tribunal\nDivision 5—Compliance examinations\n32\tDefinitions\n33\tCompliance examinations\n34\tObligation to cooperate with examination\n35\tRegistrar may refer matter to appropriate authority\n36\tLand titles legislation not limited\nPart 4—Miscellaneous\nDivision 1—Delegation\n37\tDelegation by Registrar\nDivision 2—Liability of Registrar\n38\tRegistrar not obliged to monitor ELN or conduct compliance examination\n39\tNo compensation\n40\tRegistrar not responsible for additional services provided by ELNO\nDivision 3—Relationship with other laws\n41\tOther laws relating to electronic transactions not affected\n42\tPowers may be exercised for purposes of this Law\nSchedule 1—Miscellaneous provisions relating to interpretation\nPart 1—Preliminary\n1\tDisplacement of Schedule by contrary intention\nPart 2—General\n2\tLaw to be construed not to exceed legislative power of Legislature\n3\tEvery section to be a substantive enactment\n4\tMaterial that is, and is not, part of this Law\n5\tReferences to particular Acts and to enactments\n6\tReferences taken to be included in Act or Law citation etc\n7\tInterpretation best achieving Law's purpose\n8\tUse of extrinsic material in interpretation\n9\tEffect of change of drafting practice\n10\tUse of examples\n11\tCompliance with forms\nPart 3—Terms and references\n12\tDefinitions\n13\tProvisions relating to defined terms and gender and number\n14\tMeaning of \"may\" and \"must\" etc\n15\tWords and expressions used in statutory instruments\n16\tEffect of express references to bodies corporate and individuals\n17\tProduction of records kept in computers etc\n18\tReferences to this jurisdiction to be implied\n19\tReferences to officers and holders of offices\n20\tReference to certain provisions of Law\n21\tReference to provisions of this Law or an Act is inclusive\nPart 4—Functions and powers\n22\tPerformance of statutory functions\n23\tPower to make instrument or decision includes power to amend or repeal\n24\tMatters for which statutory instruments may make provision\n25\tPresumption of validity and power to make\n26\tAppointments may be made by name or office\n27\tActing appointments\n28\tPowers of appointment imply certain incidental powers\n29\tDelegation of functions\n30\tExercise of powers before commencement\nPart 5—Distance, time and age\n31\tMatters relating to distance, time and age\nPart 6—Effect of repeal, amendment or expiration\n32\tTime of Law ceasing to have effect\n33\tRepealed Law provisions not revived\n34\tSaving of operation of repealed Law provisions\n35\tContinuance of repealed provisions\n36\tLaw and amending Acts to be read as one\nPart 7—Instruments under Law\n37\tSchedule applies to statutory instruments\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Electronic Conveyancing National Law (South Australia) Act 2013.\n2—Commencement\n\t(1)\tThis Act will come into operation on a day to be fixed by proclamation.\n\t(2)\tSection 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or a provision of this Act.\n3—Definitions\n\t(1)\tFor the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Electronic Conveyancing National Law set out in the Schedule.\n\t(2)\tIn the local application provisions of this Act—\nElectronic Conveyancing National Law (South Australia) means the provisions applying in this jurisdiction because of section 4;\nSouth Australian Electronic Conveyancing National Law text means the Electronic Conveyancing National Law set out in Schedule 1 (as in force for the time being).\n\t(3)\tTerms used in the local application provisions of this Act and also in the South Australian Electronic Conveyancing National Law text have the same meanings in those provisions as they have in that text.\n\t(4)\tThe Schedule forms part of this Act but notes included in this Act (other than in the Schedule) do not form part of this Act.\nPart 2—Application of Electronic Conveyancing National Law\n4—Application of Electronic Conveyancing National Law\nThe South Australian Electronic Conveyancing National Law text—\n\t(a)\tapplies as a law of South Australia; and\n\t(b)\tas so applying may be referred to as the Electronic Conveyancing National Law (South Australia).\n5—Meaning of generic terms in Electronic Conveyancing National Law for purposes of this jurisdiction\nIn the Electronic Conveyancing National Law (South Australia)—\nland titles legislation includes any law of this jurisdiction that authorises or requires something to be registered, noted or recorded in the titles register;\nRegistrar means the Registrar‑General;\nregistry instrument means any document that may be lodged under the land titles legislation for the purpose of—\n\t(a)\tcreating, transferring, disposing of, mortgaging, charging, leasing or dealing with in any other way an estate or interest in land; or\n\t(b)\tgetting something registered, noted or recorded in the titles register; or\n\t(c)\tgetting the registration, note or record of something in the titles register changed, withdrawn or removed;\nresponsible tribunal means the Administrative and Disciplinary Division of the District Court;\nthis jurisdiction means the State of South Australia;\ntitles register means—\n\t(a)\tthe Register Book maintained under the Real Property Act 1886; or\n\t(b)\tany other register prescribed by the regulations for the purposes of this definition.\n6—Amendments to Schedule to maintain national consistency\n\t(1)\tIf—\n\t(a)\tthe Parliament of New South Wales enacts an amendment to the Electronic Conveyancing National Law set out in the Appendix to the Electronic Conveyancing (Adoption of National Law) Act 2012 of New South Wales; and\n\t(b)\tthe Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of New South Wales should be made to the Electronic Conveyancing National Law (South Australia),\nthe Governor may, by regulation, amend the South Australian Electronic Conveyancing National Law text.\n\t(2)\tThe Governor may, as part of a regulation made under subsection (1), make any additional provisions (including so as to modify the terms of an amendment that has been made to the Electronic Conveyancing National Law by the Parliament of New South Wales or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Electronic Conveyancing National Law has proper effect in South Australia.\n\t(3)\tA regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment to the Electronic Conveyancing National Law made by the Parliament of New South Wales (including a day that is earlier than the day of the regulation's publication in the Gazette).\n7—Time for appeal against decisions of Registrar\nA person who appeals against a decision of the Registrar under section 28(2) of the Electronic Conveyancing National Law (South Australia) must institute the appeal within 28 days after receiving the written grounds for the decision referred to in subsection (1) of that section.\n8—Exclusion of legislation of this jurisdiction\nThe Acts Interpretation Act 1915 does not apply to the Electronic Conveyancing National Law (South Australia) or other instruments (excluding local regulations) made under the Electronic Conveyancing National Law (South Australia).\nPart 3—Regulations\n9—Regulations\n\t(1)\tThe Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may make provision in relation to the operating requirements and the participation rules, including—\n\t(a)\tprovisions of a savings or transitional nature; and\n\t(b)\tdefinitions, interpretive and other provisions to apply in South Australia.\nSchedule 1—Electronic Conveyancing National Law\n\nPart 1—Preliminary\n1—Short title\nThis Law may be cited as the Electronic Conveyancing National Law.\n2—Commencement\nThis Law commences in a participating jurisdiction as provided by the application law of that jurisdiction.\n3—Definitions\n\t(1)\tIn this Law:\napplication law means a law of a participating jurisdiction that—\n\t(a)\tapplies this Law, either with or without modifications, as a law of the participating jurisdiction; or\n\t(b)\tis 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;\nExamples—\n1\tThe payment of the purchase price for the sale and purchase of an interest in land.\n2\tThe advancing of money in return for the granting of a mortgage or charge over an interest in land.\n3\tThe 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—\n\t(a)\tto create, transfer, dispose of, mortgage, charge, lease or deal with in any other way an estate or interest in land; or\n\t(b)\tto get something registered, noted or recorded in the titles register; or\n\t(c)\tto get the registration, note or record of something in the titles register changed, withdrawn or removed;\ncorresponding law—\n\t(a)\tmeans a law of a jurisdiction that corresponds to this Law; and\n\t(b)\tincludes 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 Lodgement Network—see section 13;\nELNO means Electronic Lodgement 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;\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—\n\t(a)\tthis Law applies as a law of the jurisdiction, either with or without modifications; or\n\t(b)\tthere is a corresponding law;\nparticipation agreement, in relation to an ELN, means—\n\t(a)\tif 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\t(b)\tif 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.\n\t(2)\tA 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.\n4—Interpretation generally\nSchedule 1 applies in relation to this Law.\n5—Object of this Law\n\t(1)\tThe object of this Law is to promote efficiency throughout Australia in property conveyancing by providing a common legal framework that—\n\t(a)\tenables documents in electronic form to be lodged and processed under the land titles legislation of each participating jurisdiction; but\n\t(b)\tdoes 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\t(2)\tIn 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 Lodgement Network, and provides for the making of rules relating to the operation of the Electronic Lodgement Network.\n6—Law binds the State\n\t(1)\tThis Law binds the State.\n\t(2)\tIn this section—\nState means the Crown in right of this jurisdiction, and includes—\n\t(a)\tthe Government of this jurisdiction; and\n\t(b)\ta Minister of the Crown in right of this jurisdiction; and \n\t(c)\ta statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\nPart 2—Electronic Conveyancing\nDivision 1—Electronic lodgement\n7—Documents may be lodged electronically\n\t(1)\tA document may be lodged electronically for the purposes of the land titles legislation if the document is lodged—\n\t(a)\tin a form approved by the Registrar; and\n\t(b)\tby means of an ELN provided and operated under this Law.\n\t(2)\tAn approval for the purposes of subsection (1)(a) may be given under the land titles legislation or in some other way that the Registrar considers appropriate.\n8—Registrar to process documents lodged electronically\n\t(1)\tIf 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\t(2)\tThis 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.\n9—Status of electronic registry instruments\n\t(1)\tA 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\t(2)\tA 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—\n\t(a)\tif the subscriber signs under a client authorisation, each person for whom the subscriber signs in accordance with the client authorisation; or\n\t(b)\tthe subscriber in any other case.\n\t(3)\tIf a registry instrument is digitally signed in accordance with the participation rules applicable to that instrument—\n\t(a)\tthe instrument is to be taken to be in writing for the purposes of every other law of this jurisdiction; and\n\t(b)\tthe 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.\nDivision 2—Client authorisations and digital signatures\nSubdivision 1—Client authorisations\n10—Client authorisations\n\t(1)\tA client authorisation is a document—\n\t(a)\tthat is in the form required by the participation rules; and\n\t(b)\tby 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\t(2)\tThe following are examples of the things that a client authorisation may authorise a subscriber to do:\n\t(a)\tto digitally sign registry instruments or other documents;\n\t(b)\tto present registry instruments or other documents for lodgement electronically;\n\t(c)\tto authorise or complete any associated financial transaction. \n11—Effect of client authorisation\n\t(1)\tA properly completed client authorisation—\n\t(a)\thas effect according to its terms; and\n\t(b)\tis not a power of attorney for the purposes of any other law of this jurisdiction relating to powers of attorney.\n\t(2)\tIf 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\t(3)\tSubsections (1) and (2) do not limit or affect the application of any law of this jurisdiction relating to powers of attorney in relation to—\n\t(a)\tthe execution of a client authorisation under a power of attorney; or\n\t(b)\ta client authorisation executed under a power of attorney.\nSubdivision 2—Digital signatures\n12—Reliance on, and repudiation of, digital signatures\n\t(1)\tIf a subscriber's digital signature is created for a registry instrument or other document in connection with a conveyancing transaction, then—\n\t(a)\tunless that subscriber repudiates that digital signature, that registry instrument or other document is to be taken to be signed by that subscriber; and\n\t(b)\tunless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, on—\n\t(i)\tthe subscriber; and\n\t(ii)\tall other persons (if any) for whom that subscriber acts under a client authorisation with respect to that conveyancing transaction; and\n\t(c)\tunless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, for the benefit of—\n\t(i)\teach of the parties to that conveyancing transaction; and\n\t(ii)\teach subscriber who acts under a client authorisation with respect to that conveyancing transaction; and\n\t(iii)\tany person claiming through or under any person to whom subparagraph (i) applies; and\n\t(iv)\tthe Registrar, once that registry instrument or other document is lodged electronically in accordance with section 7; and\n\t(d)\tthat subscriber cannot repudiate that digital signature except in the circumstances set out in subsection (4).\n\t(2)\tSubsection (1) applies regardless of—\n\t(a)\twho created the subscriber's digital signature; and\n\t(b)\tthe circumstances (including fraud) in which the subscriber's digital signature was created.\n\t(3)\tSubsection (1) does not prevent the unsigning of a registry instrument or other document.\n\t(4)\tDespite subsections (1) and (2), a subscriber can repudiate the subscriber's digital signature with respect to a registry instrument or other document if the subscriber establishes—\n\t(a)\tthat the digital signature was not created by the subscriber; and\n\t(b)\tthat the digital signature was not created by a person who, at the time the subscriber's digital signature was created for the registry instrument or other document—\n\t(i)\twas an employee, agent, contractor or officer (however described) of the subscriber; and\n\t(ii)\thad the subscriber's express or implied authority to create the subscriber's digital signature for any document or documents; and\n\t(c)\tthat neither of the following enabled the subscriber's digital signature to be created for the registry instrument or other document:\n\t(i)\ta 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\t(ii)\ta failure by the subscriber, or any of the subscriber's employees, agents, contractors or officers, to take reasonable care.\n\t(5)\tFor the purposes of subsection (4)(b)(ii), it does not matter whether the authority was—\n\t(a)\tgeneral; or\n\t(b)\tlimited or restricted to documents of a particular class or to a particular document or in any other way.\nPart 3—Electronic Lodgement Networks\nDivision 1—Preliminary\n13—Electronic Lodgement Network\n\t(1)\tAn Electronic Lodgement 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\t(2)\tAn ELN may also enable the preparation of registry instruments and other documents in electronic form for lodging under the land titles legislation.\nDivision 2—Operation of Electronic Lodgement Networks\n14—Registrar may provide and operate ELN\nThe Registrar may provide and operate an ELN.\n15—Registrar may approve ELNO to provide and operate ELN\n\t(1)\tThe Registrar may approve a person as an Electronic Lodgement Network Operator (ELNO) to provide and operate an ELN.\n\t(2)\tThe Registrar must not approve a person under this section unless the person meets the qualifications for approval set out in the operating requirements.\n\t(3)\tAn approval under this section must be in writing and must state the period for which it is to have effect.\n\t(4)\tThe Registrar may grant more than one approval under this section.\n16—Conditions of approval as ELNO\n\t(1)\tThe Registrar may attach conditions to an approval under section 15, and those conditions must be specified in the approval.\n\t(2)\tThe 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.\n17—Effect of approval as ELNO\n\t(1)\tA person who is approved as an ELNO under section 15 may provide and operate an ELN—\n\t(a)\tfor the period stated in the approval; and\n\t(b)\tsubject to the conditions (if any) attached to the approval; and\n\t(c)\tin accordance with the operating requirements.\n\t(2)\tSubsection (1) is subject to sections 19 and 20.\n\t(3)\tIn 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\t(4)\tThe 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\t(5)\tSubsection (4) is subject to the operating requirements.\n18—ELNO required to comply with operating requirements\nA person approved as an ELNO under section 15 must comply with the operating requirements.\n19—Renewal of approval as ELNO\n\t(1)\tThe Registrar may renew an approval of a person as an ELNO under section 15 if the Registrar is satisfied that the person continues to meet the qualifications for approval set out in the operating requirements.\n\t(2)\tThe 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\t(3)\tIn 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.\n20—Revocation or suspension of approval as ELNO\nThe Registrar may revoke or suspend the approval of a person as an ELNO in the circumstances set out in the operating requirements.\n21—Monitoring of activities in ELN\n\t(1)\tThe 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\t(2)\tThis section does not limit Division 5.\nDivision 3—Operating requirements and participation rules\n22—Operating requirements for ELNOs\n\t(1)\tThe Registrar may determine, in writing, requirements (operating requirements) relating to—\n\t(a)\tthe operation of an ELNO; and\n\t(b)\tthe provision and operation, by an ELNO, of an ELN.\n\t(2)\tThe operating requirements may (without limitation) include provisions relating to the following matters:\n\t(a)\tthe financial standing of an ELNO;\n\t(b)\tcompliance with the participation rules, including (without limitation)—\n\t(i)\trequiring an ELNO to use a participation agreement when authorising persons to use an ELN; and\n\t(ii)\trequiring participation agreements to incorporate the participation rules;\n\t(c)\tthe technical and operational requirements for an ELN;\n\t(d)\tthe insurance cover to be held by an ELNO;\n\t(e)\tthe circumstances in which the Registrar may suspend or revoke the approval of a person as an ELNO;\n\t(f)\tthe 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 an ELN.\n23—Participation rules\n\t(1)\tThe Registrar may determine, in writing, rules relating to the use of an ELN (participation rules).\n\t(2)\tThe participation rules may (without limitation) include provisions relating to the following matters:\n\t(a)\tthe eligibility criteria for subscribers;\n\t(b)\tthe obligations of subscribers, including (without limitation) any representations or warranties they are required to give;\n\t(c)\tthe circumstances in which a subscriber’s authority to use the ELN may be restricted, suspended or terminated;\n\t(d)\tclient authorisations;\n\t(e)\tthe obligations of subscribers to verify the identity of their clients;\n\t(f)\tthe certification of registry instruments and other documents for use in connection with the ELN;\n\t(g)\tdigital signing;\n\t(h)\tthe retention of documents created or obtained in connection with a subscriber’s use of an ELN;\n\t(i)\tcompliance 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.\n24—Registrar to have regard to nationally agreed model operating requirements and participation rules\n\t(1)\tIn this section—\nmodel provisions means any model operating requirements or model participation rules from time to time developed and published by ARNECC.\n\t(2)\tIn 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.\n25—Publication of operating requirements and participation rules\n\t(1)\tThe Registrar must ensure that the following are publicly available:\n\t(a)\tthe current operating requirements and participation rules;\n\t(b)\tall superseded versions of the operating requirements and participation rules.\n\t(2)\tThe 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\t(3)\tHowever, 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\t(4)\tFor 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\t(5)\tDocuments 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\t(6)\tIt 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.\n26—Subscribers required to comply with participation rules\n\t(1)\tA subscriber who is authorised under a participation agreement to use an ELN must comply with the participation rules relating to that ELN.\n\t(2)\tIf a subscriber contravenes those participation rules, the Registrar may—\n\t(a)\tif the Registrar operates the ELN, restrict, suspend or terminate the subscriber’s use of the ELN; or\n\t(b)\tif an ELNO operates the ELN, direct the ELNO to restrict, suspend or terminate the subscriber’s use of the ELN.\n\t(3)\tSubsection (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.\n27—Waiving compliance with operating requirements or participation rules\n\t(1)\tThe 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\t(2)\tA waiver under this section may—\n\t(a)\tbe total or partial; and\n\t(b)\tapply generally to all persons, or be limited in its application to particular persons or particular classes of persons; and\n\t(c)\tapply generally or be limited in its application by reference to specified exceptions or factors; and\n\t(d)\tapply indefinitely or for a specified period; and\n\t(e)\tbe unconditional or subject to conditions or restrictions.\nDivision 4—Appeals\n28—Appeal against decisions of Registrar\n\t(1)\tA person who is the subject of any of the following decisions (an appealable decision) may require the Registrar to provide, in writing, the grounds for the decision:\n\t(a)\ta decision by the Registrar to refuse to approve the person as an ELNO;\n\t(b)\ta decision by the Registrar to refuse to renew the person’s approval as an ELNO;\n\t(c)\ta decision by the Registrar to suspend the person’s approval as an ELNO;\n\t(d)\ta decision by the Registrar to revoke the person’s approval as an ELNO;\n\t(e)\ta 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\t(f)\ta decision by the Registrar to restrict, suspend or terminate the person’s use, as a subscriber, of an ELN operated by the Registrar;\n\t(g)\ta 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\t(2)\tA person who is the subject of an appealable 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.\n29—Determination of appeal\n\t(1)\tAfter hearing the appeal, the responsible tribunal may—\n\t(a)\tconfirm the appealable decision; or\n\t(b)\tamend the appealable decision; or\n\t(c)\tsubstitute another decision for the appealable decision.\n\t(2)\tIn amending the appealable decision or substituting another decision for the appealable decision, the responsible tribunal has the same powers as the Registrar under this Law.\n30—Costs\n\t(1)\tThe responsible tribunal may make any order about costs it considers appropriate for the proceedings under this Division.\n\t(2)\tThis 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.\n31—Relationship with Act establishing responsible tribunal\nThis Division—\n\t(a)\tapplies despite any provision to the contrary of the Act that establishes or continues the responsible tribunal; but\n\t(b)\tdoes not otherwise limit—\n\t(i)\tthat Act; or\n\t(ii)\tany rules, regulations or other instrument regulating the practice or procedure of the responsible tribunal.\nDivision 5—Compliance examinations\n32—Definitions\nIn this Division—\nELNO includes a former ELNO;\nsubscriber includes a former subscriber.\n33—Compliance examinations\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—\n\t(a)\tin relation to an ELNO for either or both of the following purposes:\n\t(i)\tascertaining whether or not the operating requirements are being, or have been, complied with;\n\t(ii)\tinvestigating any suspected or alleged case of misconduct with respect to the operation of an ELN; or\n\t(b)\tin relation to a subscriber for either or both of the following purposes:\n\t(i)\tascertaining whether or not the participation rules are being, or have been, complied with;\n\t(ii)\tinvestigating any suspected or alleged case of misconduct with respect to the use of an ELN.\n34—Obligation to cooperate with examination\n\t(1)\tAn 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\t(2)\tIn particular, an ELNO or a subscriber must comply with any reasonable requirement by the person conducting the compliance examination—\n\t(a)\tto furnish specified information or to produce specified documents for the purposes of the compliance examination; or\n\t(b)\tto take specified action for the purposes of the compliance examination.\n\t(3)\tIf 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\t(4)\tIf 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\t(5)\tFor 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\t(6)\tHowever, the following is not admissible in evidence against an individual in a criminal proceeding:\n\t(a)\tinformation provided by an individual in compliance with a requirement made under this section;\n\t(b)\tan answer given by an individual in response to a question asked under this section;\n\t(c)\ta document produced by an individual in compliance with a requirement made under this section (other than a document to which subsection (7) applies);\n\t(d)\tinformation directly or indirectly derived from—\n\t(i)\tinformation mentioned in paragraph (a); or\n\t(ii)\tan answer mentioned in paragraph (b); or\n\t(iii)\ta document mentioned in paragraph (c)(other than a document to which subsection (7) applies).\n\t(7)\tA 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\t(8)\tSubsection (6) does not apply to—\n\t(a)\ta proceeding about the false or misleading nature of anything in the information, answer or document; or\n\t(b)\ta proceeding in which the false or misleading nature of the information, answer or document is relevant evidence.\n35—Registrar may refer matter to appropriate authority\n\t(1)\tIn this section—\nappropriate authority—\n\t(a)\tmeans 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\t(b)\tincludes (without limiting paragraph (a))—\n\t(i)\ta law enforcement agency; and\n\t(ii)\ta regulatory or disciplinary body for persons engaged in any profession, occupation, calling or business.\n\t(2)\tInstead 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\t(3)\tIf the Registrar refers a matter to an appropriate authority, the Registrar is not obliged to take any other action in relation to the matter.\n36—Land titles legislation not limited\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.\nPart 4—Miscellaneous\nDivision 1—Delegation\n37—Delegation by Registrar\nThe Registrar may delegate the following to any other person:\n\t(a)\tthe power conferred by section 21 to monitor activities in an ELN;\n\t(b)\tany function under Part 3 Division 5.\nDivision 2—Liability of Registrar\n38—Registrar not obliged to monitor ELN or conduct compliance examination\nThe Registrar is not obliged—\n\t(a)\tto monitor activities in an ELN under section 21; or\n\t(b)\tto conduct or complete a compliance examination under Part 3 Division 5.\n39—No compensation\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 Part 3 Division 5, including (without limitation)—\n\t(a)\tany decision made, in good faith, not to monitor activities in an ELN or not to conduct a compliance examination; and\n\t(b)\tany 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.\n40—Registrar not responsible for additional services provided by ELNO\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.\nDivision 3—Relationship with other laws\n41—Other laws relating to electronic transactions not affected\nThis Law is in addition to, and not in substitution for—\n\t(a)\tthe laws of this jurisdiction in relation to electronic transactions; and\n\t(b)\tany other law of this jurisdiction that authorises or permits the use of electronic documents for the purposes of the land titles legislation.\n42—Powers may be exercised for purposes of this Law\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.\nSchedule 1—Miscellaneous provisions relating to interpretation\nPart 1—Preliminary\n1—Displacement of Schedule by contrary intention\nThe application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law.\nPart 2—General\n2—Law to be construed not to exceed legislative power of Legislature\n\t(1)\tThis 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\t(2)\tIf 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—\n\t(a)\tit is a valid provision to the extent to which it is not in excess of the power; and\n\t(b)\tthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n\t(3)\tThis clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n3—Every section to be a substantive enactment\nEvery section of this Law has effect as a substantive enactment without introductory words.\n4—Material that is, and is not, part of this Law\n\t(1)\tThe heading to a Part, Division or Subdivision into which this Law is divided is part of this Law.\n\t(2)\tA Schedule to this Law is part of this Law.\n\t(3)\tPunctuation in this Law is part of this Law.\n\t(4)\tA heading to a section or subsection of this Law does not form part of this Law.\n\t(5)\tNotes included in this Law (including footnotes and endnotes) do not form part of this Law.\n5—References to particular Acts and to enactments\nIn this Law—\n\t(a)\tan Act of this jurisdiction may be cited—\n\t(i)\tby its short title; or\n\t(ii)\tby reference to the year in which it was passed and its number; and\n\t(b)\ta Commonwealth Act may be cited—\n\t(i)\tby its short title; or\n\t(ii)\tin another way sufficient in a Commonwealth Act for the citation of such an Act,\ntogether with a reference to the Commonwealth; and\n\t(c)\tan Act of another jurisdiction may be cited—\n\t(i)\tby its short title; or\n\t(ii)\tin another way sufficient in an Act of the jurisdiction for the citation of such an Act,\ntogether with a reference to the jurisdiction.\n6—References taken to be included in Act or Law citation etc\n\t(1)\tA reference in this Law to an Act includes a reference to—\n\t(a)\tthe Act as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif 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\t(2)\tA reference in this Law to a provision of this Law or of an Act includes a reference to—\n\t(a)\tthe provision as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif 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\t(3)\tSubclauses (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.\n7—Interpretation best achieving Law's purpose\n\t(1)\tIn 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\t(2)\tSubclause (1) applies whether or not the purpose is expressly stated in this Law.\n8—Use of extrinsic material in interpretation\n\t(1)\tIn this clause—\nextrinsic material means relevant material not forming part of this Law, including, for example—\n\t(a)\tmaterial that is set out in the document containing the text of this Law as printed by the Government Printer; and\n\t(b)\ta 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\t(c)\ta relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\n\t(d)\ta treaty or other international agreement that is mentioned in this Law; and\n\t(e)\tan 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\t(f)\tthe 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\t(g)\tmaterial 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\t(h)\ta 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.\n\t(2)\tSubject 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—\n\t(a)\tif the provision is ambiguous or obscure, to provide an interpretation of it; or\n\t(b)\tif 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\t(c)\tin any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\n\t(3)\tIn 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—\n\t(a)\tthe desirability of a provision being interpreted as having its ordinary meaning; and\n\t(b)\tthe undesirability of prolonging proceedings without compensating advantage; and\n\t(c)\tother relevant matters.\n9—Effect of change of drafting practice\nIf—\n\t(a)\ta provision of this Law expresses an idea in particular words; and\n\t(b)\ta 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—\n\t(i)\tthe use of a clearer or simpler style; or\n\t(ii)\tthe use of gender neutral language,\nthe ideas must not be taken to be different merely because different words are used.\n10—Use of examples\nIf this Law includes an example of the operation of a provision—\n\t(a)\tthe example is not exhaustive; and\n\t(b)\tthe example does not limit, but may extend, the meaning of the provision; and\n\t(c)\tthe 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.\n11—Compliance with forms\n\t(1)\tIf 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\t(2)\tIf a form prescribed or approved by or for the purpose of this Law requires—\n\t(a)\tthe form to be completed in a specified way; or\n\t(b)\tspecified information or documents to be included in, attached to or given with the form; or\n\t(c)\tthe 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.\nPart 3—Terms and references\n12—Definitions\n\t(1)\tIn 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—\n\t(a)\tomit or omit and substitute; or\n\t(b)\talter or vary; or\n\t(c)\tamend 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—\n\t(a)\ta Saturday or Sunday; or\n\t(b)\ta public holiday under the Holidays Act 1910;\ncalendar month means a period starting at the beginning of any day of one of the 12 named months and ending—\n\t(a)\timmediately before the beginning of the corresponding day of the next named month; or\n\t(b)\tif 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—\n\t(a)\ta federation; or\n\t(b)\ta 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—\n\t(a)\tgives a meaning to a word or expression; or\n\t(b)\tlimits or extends the meaning of a word or expression;\ndocument means any record of information however recorded, and includes—\n\t(a)\tanything on which there is writing; or\n\t(b)\tanything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or\n\t(c)\tanything from which sounds, images or writings can be reproduced with or without the aid of anything else; or\n\t(d)\ta map, plan, drawing or photograph; or\n\t(e)\tany 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 refusal;\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;\ngazetted means published in the Gazette;\nGazette notice means notice 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—\n\t(a)\ta number expressed in figures or words; or\n\t(b)\ta letter; or\n\t(c)\ta 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—\n\t(a)\ta Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub‑subparagraph or Schedule of or to this Law or the Act; or\n\t(b)\ta section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; or\n\t(c)\tthe long title and any preamble to the Act;\nrecord includes information stored or recorded by means of a computer;\nrepeal includes—\n\t(a)\trevoke or rescind; or\n\t(b)\trepeal by implication; or\n\t(c)\tabrogate or limit the effect of this Law or the instrument concerned; or\n\t(d)\texclude 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;\n\t(2)\tIn a statutory instrument—\nthe Law means this Law.\n13—Provisions relating to defined terms and gender and number\n\t(1)\tIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n\t(2)\tDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n\t(3)\tIn this Law, words indicating a gender include each other gender.\n\t(4)\tIn this Law—\n\t(a)\twords in the singular include the plural; and\n\t(b)\twords in the plural include the singular.\n14—Meaning of \"may\" and \"must\" etc\n\t(1)\tIn 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\t(2)\tIn 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\t(3)\tThis clause has effect despite any rule of construction to the contrary.\n15—Words and expressions used in statutory instruments\n\t(1)\tWords 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\t(2)\tThis clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.\n16—Effect of express references to bodies corporate and individuals\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)—\n\t(a)\tdoes 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\t(b)\tdoes 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).\n17—Production of records kept in computers etc\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—\n\t(a)\tto produce the information or a document containing the information to a court, tribunal or person; or\n\t(b)\tto make a document containing the information available for inspection by a court, tribunal or person,\nthen, unless the court, tribunal or person otherwise directs—\n\t(c)\tthe 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\t(d)\tthe production to the court, tribunal or person of the document in that form complies with the requirement.\n18—References to this jurisdiction to be implied\nIn this Law—\n\t(a)\ta 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\t(b)\ta 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.\n19—References to officers and holders of offices\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.\n20—Reference to certain provisions of Law\nIf a provision of this Law refers—\n\t(a)\tto 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\t(b)\tto 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\t(c)\tto 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—\n\t(i)\tthe Division, designated by the number, of the Part in which the reference occurs; and\n\t(ii)\tthe Subdivision, designated by the number, of the Division in which the reference occurs; and\n\t(iii)\tthe subsection, designated by the number, of the section in which the reference occurs; and\n\t(iv)\tthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n\t(v)\tthe 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\t(vi)\tthe subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n\t(vii)\tthe sub‑subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n\t(viii)\tthe 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.\n21—Reference to provisions of this Law or an Act is inclusive\nIn this Law, a reference to a portion of this Law or an Act includes—\n\t(a)\ta 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\t(b)\ta 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.\nExample—\nA reference to \"sections 5 to 9\" includes both section 5 and section 9.\nIt is not necessary to refer to \"sections 5 to 9 (both inclusive)\" to ensure that the reference is given an inclusive interpretation.\nPart 4—Functions and powers\n22—Performance of statutory functions\n\t(1)\tIf 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\t(2)\tIf 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\t(3)\tIf 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.\n23—Power to make instrument or decision includes power to amend or repeal\nIf this Law authorises or requires the making of an instrument or decision—\n\t(a)\tthe power includes power to amend or repeal the instrument or decision; and\n\t(b)\tthe 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.\n24—Matters for which statutory instruments may make provision\n\t(1)\tIf 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—\n\t(a)\tan Act or statutory instrument; or\n\t(b)\tanother document (whether of the same or a different kind),\nas in force at a particular time or as in force from time to time.\n\t(2)\tIf 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\t(3)\tA statutory instrument may—\n\t(a)\tapply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\n\t(b)\tapply generally to all persons, matters or things or be limited in its application to—\n\t(i)\tparticular persons, matters or things; or\n\t(ii)\tparticular classes of persons, matters or things; or\n\t(c)\totherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n\t(4)\tA statutory instrument may—\n\t(a)\tapply differently according to different specified factors; or\n\t(b)\totherwise make different provision in relation to—\n\t(i)\tdifferent persons, matters or things; or\n\t(ii)\tdifferent classes of persons, matters or things.\n\t(5)\tA 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\t(6)\tIf 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\t(7)\tIf 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\t(8)\tA 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\t(9)\tA 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.\n25—Presumption of validity and power to make\n\t(1)\tAll 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\t(2)\tA 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.\n26—Appointments may be made by name or office\n\t(1)\tIf this Law authorises or requires a person or body—\n\t(a)\tto appoint a person to an office; or\n\t(b)\tto appoint a person or body to exercise a power; or\n\t(c)\tto appoint a person or body to do another thing,\nthe person or body may make the appointment by—\n\t(d)\tappointing a person or body by name; or\n\t(e)\tappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n\t(2)\tAn 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.\n27—Acting appointments\n\t(1)\tIf 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—\n\t(a)\ta person by name; or\n\t(b)\ta particular officer, or the holder of a particular office, by reference to the title of the office concerned,\nto act in the office.\n\t(2)\tThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n\t(3)\tThe appointer may—\n\t(a)\tdetermine the terms and conditions of the appointment, including remuneration and allowances; and\n\t(b)\tterminate the appointment at any time.\n\t(4)\tThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n\t(5)\tThe appointee must not act for more than one year during a vacancy in the office.\n\t(6)\tIf 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—\n\t(a)\tthe appointer otherwise directs; or\n\t(b)\tthe vacancy is filled; or\n\t(c)\tthe end of a year from the day of the vacancy,\nwhichever happens first.\n\t(7)\tThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n\t(8)\tWhile the appointee is acting in the office—\n\t(a)\tthe appointee has all the powers and functions of the holder of the office; and\n\t(b)\tthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\n\t(9)\tAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\n\t(a)\tthe occasion for the appointment had not arisen; or\n\t(b)\tthe appointment had ceased to have effect; or\n\t(c)\tthe occasion for the person to act had not arisen or had ceased.\n\t(10)\tIf 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.\n28—Powers of appointment imply certain incidental powers\n\t(1)\tIf this Law authorises or requires a person or body to appoint a person to an office—\n\t(a)\tthe power may be exercised from time to time as occasion requires; and\n\t(b)\tthe power includes—\n\t(i)\tpower to remove or suspend, at any time, a person appointed to the office; and\n\t(ii)\tpower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n\t(iii)\tpower to reinstate or reappoint a person removed or suspended; and\n\t(iv)\tpower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n\t(v)\tpower 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\t(2)\tThe 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\t(3)\tThe power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\n\t(4)\tAn appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n29—Delegation of functions\n\t(1)\tIf 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—\n\t(a)\ta person or body by name; or\n\t(b)\ta specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n\t(2)\tThe delegation may be—\n\t(a)\tgeneral or limited; and\n\t(b)\tmade from time to time; and\n\t(c)\trevoked, wholly or partly, by the delegator.\n\t(3)\tThe 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\t(4)\tA delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\n\t(5)\tThe delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.\n\t(6)\tA 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\t(7)\tA delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\n\t(8)\tIf, 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\t(9)\tIf—\n\t(a)\tthe delegator is a specified officer or the holder of a specified office; and\n\t(b)\tthe 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—\n\t(c)\tthe delegation continues in force; and\n\t(d)\tthe 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\t(10)\tIf—\n\t(a)\tthe delegator is a body; and\n\t(b)\tthere is a change in the membership of the body,\nthen—\n\t(c)\tthe delegation continues in force; and\n\t(d)\tthe body as constituted for the time being is taken to be the delegator for the purposes of this clause.\n\t(11)\tIf a function is delegated to a specified officer or the holder of a specified office—\n\t(a)\tthe 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\t(b)\tthe function may be exercised by the person for the time being occupying or acting in the office concerned.\n\t(12)\tA function that has been delegated may, despite the delegation, be exercised by the delegator.\n\t(13)\tThe delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.\n\t(14)\tSubject 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\t(15)\tIf this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.\n30—Exercise of powers before commencement\n\t(1)\tIf a provision of this Law (the empowering provision) that has not commenced would, had it commenced, confer a power—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing,\nthen—\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything 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.\n\t(2)\tIf a provision of an Act or regulation (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—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing,\nthen—\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything 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.\n\t(3)\tIf—\n\t(a)\tthis Law has commenced and confers a power to make a statutory instrument (the basic statutory instrument‑making power); and\n\t(b)\ta provision of an Act or regulation 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—\n\t(c)\tthe basic instrument making power and the additional instrument making power may be exercised by making a single instrument; and\n\t(d)\tany provision of the instrument that required an exercise of the additional instrument making power is to be treated as made under subclause (2).\n\t(4)\tIf an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—\n\t(a)\tenabling the exercise of a power mentioned in the subclause; or\n\t(b)\tbringing an appointment, instrument or other thing made or done under such a power into effect,\nthe instrument or provision takes effect—\n\t(c)\ton the making of the instrument; or\n\t(d)\ton 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\t(5)\tIf—\n\t(a)\tan appointment is made under subclause (1) or (2); or\n\t(b)\tan 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—\n\t(c)\ton the commencement of the relevant empowering provision; or\n\t(d)\ton 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\t(6)\tAnything 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\t(7)\tAfter 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\t(8)\tIn 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.\nPart 5—Distance, time and age\n31—Matters relating to distance, time and age\n\t(1)\tIn 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\t(2)\tIf 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—\n\t(a)\tif 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\t(b)\tin any other case, by including the day on which the purpose is to be fulfilled.\n\t(3)\tIf 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\t(4)\tIf 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\t(5)\tIf 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\t(6)\tIf, 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\t(7)\tFor the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.\nPart 6—Effect of repeal, amendment or expiration\n32—Time of Law ceasing to have effect\nIf a provision of this Law is expressed—\n\t(a)\tto expire on a specified day; or\n\t(b)\tto 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.\n33—Repealed Law provisions not revived\nIf a provision of this Law is repealed or amended by an Act or regulation, or a provision of an Act or regulation, the provision is not revived merely because the Act or regulation or the provision of the Act or regulation—\n\t(a)\tis later repealed or amended; or\n\t(b)\tlater expires.\n34—Saving of operation of repealed Law provisions\n\t(1)\tThe repeal, amendment or expiry of a provision of this Law does not—\n\t(a)\trevive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n\t(b)\taffect the previous operation of the provision or anything suffered, done or begun under the provision; or\n\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the provision; or\n\t(d)\taffect a penalty incurred in relation to an offence arising under the provision; or\n\t(e)\taffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n\t(2)\tAny 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.\n35—Continuance of repealed provisions\nIf an Act or regulation 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.\n36—Law and amending Acts to be read as one\nThis Law and all Acts or regulations amending this Law are to be read as one.\nPart 7—Instruments under Law\n37—Schedule applies to statutory instruments\n\t(1)\tThis 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\t(2)\tThe 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.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2013\n89\nElectronic Conveyancing National Law (South Australia) Act 2013 \n5.12.2013\n21.1.2016 (Gazette 21.1.2016 p152)\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of enabling electronic conveyancing. While it includes comprehensive administrative machinery (delegations, appointments, interpretation rules), these are standard supporting provisions for a regulatory scheme rather than scope creep. The national consistency mechanism (section 6) was part of the original design to maintain uniformity across jurisdictions."},"complexity_factors":["Dual-layer structure: The Act contains both 'local application provisions' and a scheduled 'Electronic Conveyancing National Law', creating parallel interpretation tracks","Extensive cross-referencing between the South Australian Act and the scheduled National Law, including definitions that 'have the meaning given by the application law'","47+ defined terms in the National Law alone, plus additional definitions in the local provisions","Complex conditional logic in section 12 regarding repudiation of digital signatures, with nested exceptions (subsection 4) and qualifications (subsection 5)","Detailed procedural requirements for compliance examinations (Division 5) with specific evidentiary protections and admissibility rules (sections 34(6)-(8))","Incorporation of external documents by reference, including the Intergovernmental Agreement and model provisions from ARNECC","Standard interpretation provisions (Schedule 1) running to 37 sections covering drafting conventions, delegation, appointments, and statutory instruments","Mechanism for automatic adoption of NSW amendments (section 6) creating potential for dynamic legislative change without parliamentary scrutiny"],"plain_english_summary":"**What this law does:**\n\nThis legislation creates a national framework for handling property transactions (conveyancing) electronically in South Australia. Instead of physically lodging paper documents at a land titles office, lawyers and conveyancers can now lodge documents digitally through approved electronic systems.\n\n**Key things it sets up:**\n\n*   **Electronic Lodgement Networks (ELNs):** Special secure online systems where property documents can be lodged. The Registrar-General can run these directly, or approve private operators (called ELNOs) to run them.\n*   **Digital signatures:** Legal recognition of electronic signatures for property documents, making them just as valid as handwritten signatures on paper.\n*   **Client authorisations:** A formal way for property buyers and sellers to authorise their lawyer or conveyancer (called a \"subscriber\") to sign documents and handle money on their behalf electronically.\n*   **Rules and oversight:** The Registrar-General sets operating requirements for network operators and participation rules for users, with powers to suspend or revoke approvals for non-compliance.\n*   **Appeals:** Decisions by the Registrar-General (like refusing to approve an operator) can be appealed to the District Court.\n\n**Who it affects:**\n\n*   **Property lawyers and conveyancers** (subscribers) who use the electronic systems\n*   **Electronic Lodgement Network Operators** (ELNOs) who provide the technology platforms\n*   **Anyone buying or selling property** in South Australia, as their transactions will increasingly move online\n*   The **Registrar-General** who oversees the system\n\n**Why it matters:**\n\nThis law modernises property transactions, making them faster and more efficient while maintaining the security and legal certainty of the traditional land titles system (the \"Torrens system\"). It ensures electronic documents have the same legal weight as paper ones and protects against fraud through strict identity verification and digital signature rules."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act gives local effect to the national electronic conveyancing law rather than expanding its object. It implements a national framework for electronic lodgement and signatures in this State while expressly permitting the Governor and Registrar to make local modifications and operational rules to maintain consistency with other jurisdictions and manage implementation detail (see ss4,6,22–23)."},"complexity_factors":["Extensive definitions and cross-references across the Act and Schedule 1 (many terms defined and reused).","Significant delegation of detailed rule‑making to the Registrar via operating requirements and participation rules (ss22–23).","Discretionary approval, conditioning, suspension and revocation regime for ELNOs with procedural safeguards and appeal rights (ss15–20,28–31).","Interplay with existing land titles legislation and other electronic‑transaction laws, requiring alignment and co‑operation (ss5,41–42).","Compliance and investigatory powers with compulsory cooperation, evidentiary protections and referral powers (ss33–35,34(6)–(7)).","Mechanism to keep South Australian text consistent with amendments in another jurisdiction (Governor may amend under s6), adding interjurisdictional complexity.","Provisions allowing urgent changes and varying publication/commencement timing (s25(2)–(4)) increasing operational unpredictability."],"plain_english_summary":"This Act applies the Electronic Conveyancing National Law in South Australia, creating a legal framework that allows registry instruments and related documents to be prepared, digitally signed and lodged electronically through authorised Electronic Lodgement Networks (ELNs).\n\nIt affects registries, ELN operators, subscribers (conveyancers, lawyers, banks) and parties to property transactions by imposing participation rules, operating requirements and compliance powers on ELNOs and subscribers, and gives the Registrar discretion to approve, monitor, suspend or refer matters to other authorities (see ss7–9,15,22–26,33–35)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the legislative text was not accessible. Based on the Act's title alone, it appears to implement the national Electronic Conveyancing National Law (ECNL) model in South Australia, consistent with a coordinated national rollout across Australian states and territories. No divergence from original intent can be confirmed or denied without the text."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Only the Act's title is available for analysis, preventing assessment of its actual provisions","Cannot evaluate definitional complexity, regulatory mechanisms, cross-jurisdictional interactions, or amendment history","The low complexity score reflects the minimal information available, not the Act's true complexity — the actual Act is likely a 5–7 in complexity given it adopts a national uniform law framework"],"plain_english_summary":"The Act implements South Australia’s adoption of a national uniform law enabling property transactions to be carried out electronically rather than by paper and in-person settlements. It governs how conveyancers, solicitors, banks and land registries can use electronic platforms to complete and record transfers and mortgages.\n\nThis modernises and speeds up buying and selling land, making digital settlements legally recognised and reducing reliance on physical document exchanges."}},"importantCases":[],"_links":{"self":"/api/acts/electronic-conveyancing-national-law-south-australia-act-2013","history":"/api/acts/electronic-conveyancing-national-law-south-australia-act-2013/history","analysis":"/api/acts/electronic-conveyancing-national-law-south-australia-act-2013/analysis","conflicts":"/api/acts/electronic-conveyancing-national-law-south-australia-act-2013/conflicts","importantCases":"/api/acts/electronic-conveyancing-national-law-south-australia-act-2013/important-cases","documents":"/api/acts/electronic-conveyancing-national-law-south-australia-act-2013/documents"}}