{"id":"electronic-conveyancing-national-uniform-legislation-act-2013","name":"Electronic Conveyancing (National Uniform Legislation) Act 2013","slug":"electronic-conveyancing-national-uniform-legislation-act-2013","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30042,"registerId":"nt-electronic-conveyancing-national-uniform-legislation-act-2013-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electronic Conveyancing (National Uniform Legislation) Act 2013","content":"NORTHERN TERRITORY OF AUSTRALIA\nELECTRONIC CONVEYANCING (NATIONAL UNIFORM LEGISLATION)\nACT 2013\nAs in force at 19 April 2024\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Application of Criminal Code ........................................................... 2\nPart 2 Adoption of National Law\nDivision 1 Provisions for adoption of National Law\n5 Adoption of Electronic Conveyancing National Law ........................ 2\n6 Uniform adoption of nationally approved amendments to\nElectronic Conveyancing National Law ........................................... 2\n7 Exclusion of legislation of this jurisdiction ........................................ 3\nDivision 2 Provisions for interpretation of National Law\nas adopted\n8 Meaning of generic terms ................................................................ 3\nPart 3 Miscellaneous matters\n9 Misleading information or document ................................................ 4\n10 Acquisition on just terms .................................................................. 5\n11 Regulations...................................................................................... 5\nAppendix Electronic Conveyancing National Law\nPart 1 Preliminary\n1 Short title ......................................................................................... 6\n2 Commencement .............................................................................. 6\n3 Definitions ........................................................................................ 6\n4 Interpretation generally .................................................................... 9\n5 Object of this Law ............................................................................ 9\n6 Law binds the State ....................................................................... 10\n\nElectronic Conveyancing (National Uniform Legislation) Act 2013 ii\nPart 2 Electronic Conveyancing\nDivision 1 Electronic lodgment\n7 Documents may be lodged electronically ...................................... 10\n8 Registrar to process documents lodged electronically................... 10\n9 Status of electronic registry instruments ........................................ 10\nDivision 2 Client authorisations and digital signatures\nSubdivision 1 Client authorisations\n10 Client authorisations ...................................................................... 11\n11 Effect of client authorisation........................................................... 12\nSubdivision 2 Digital signatures\n12 Reliance on, and repudiation of, digital signatures ........................ 12\nPart 3 Electronic Lodgment Networks\nDivision 1 Preliminary\n13 Electronic Lodgment Network ........................................................ 14\nDivision 2 Operation of Electronic Lodgment Networks\n14 Registrar may provide and operate ELN ....................................... 14\n15 Registrar may approve ELNO to provide and operate ELN ........... 15\n16 Conditions of approval as ELNO ................................................... 15\n17 Effect of approval as ELNO ........................................................... 15\n18 ELNO required to comply with operating requirements ................. 15\n18A ELNO required to establish and maintain interoperability .............. 16\n19 Renewal of approval as ELNO ...................................................... 16\n20 Revocation or suspension of approval as ELNO ........................... 16\n21 Monitoring of activities in ELN ....................................................... 16\nDivision 3 Operating requirements and participation\nrules\n22 Operating requirements for ELNOs ............................................... 17\n23 Participation rules .......................................................................... 18\n24 Registrar to have regard to nationally agreed model operating\nrequirements and participation rules.............................................. 19\n25 Publication of operating requirements and participation rules ....... 19\n26 Subscribers required to comply with participation rules ................. 20\n27 Waiving compliance with operating requirements or\nparticipation rules .......................................................................... 20\n\nElectronic Conveyancing (National Uniform Legislation) Act 2013 iii\nDivision 4 Appeals\n28 Appeal against decisions of Registrar ........................................... 21\n29 Determination of appeal ................................................................ 22\n30 Costs ............................................................................................. 22\n31 Relationship with Act establishing responsible tribunal ................. 22\nDivision 5 Compliance examinations\n32 Definitions ...................................................................................... 22\n33 Compliance examinations.............................................................. 23\n34 Obligation to cooperate with examination ...................................... 23\n35 Registrar may refer matter to appropriate authority ....................... 25\n36 Land titles legislation not limited .................................................... 25\nPart 4 Miscellaneous\nDivision 1 Delegation\n37 Delegation by Registrar ................................................................. 25\nDivision 2 Liability of Registrar\n38 Registrar not obliged to monitor ELN or conduct compliance\nexamination ................................................................................... 26\n39 No compensation........................................................................... 26\n40 Registrar not responsible for additional services provided by\nELNO or associated financial transactions .................................... 26\nDivision 3 Relationship with other laws\n41 Other laws relating to electronic transactions not affected ............ 27\n42 Powers may be exercised for purposes of this Law....................... 27\nDivision 4 Other matters\n43 Registrar authorised to disclose certain information ...................... 27\n44 Forms ............................................................................................ 28\nSchedule Miscellaneous provisions relating to\ninterpretation\nPart 1 Preliminary\n1 Displacement of Schedule by contrary intention ............................ 29\n\nElectronic Conveyancing (National Uniform Legislation) Act 2013 iv\nPart 2 General\n2 Law to be construed not to exceed legislative power of\nLegislature ..................................................................................... 29\n3 Every section to be a substantive enactment ................................ 29\n4 Material that is, and is not, part of this Law ................................... 29\n5 References to particular Acts and to enactments .......................... 30\n6 References taken to be included in Act or Law citation etc. .......... 30\n7 Interpretation best achieving Law's purpose .................................. 31\n8 Use of extrinsic material in interpretation ....................................... 31\n9 Effect of change of drafting practice .............................................. 32\n10 Use of examples ............................................................................ 33\n11 Compliance with forms .................................................................. 33\nPart 3 Terms and references\n12 Definitions ...................................................................................... 34\n13 Provisions relating to defined terms and gender and number........ 38\n14 Meaning of may and must etc........................................................ 38\n15 Words and expressions used in statutory instruments .................. 39\n16 Effect of express references to bodies corporate and\nindividuals ...................................................................................... 39\n17 Production of records kept in computers etc.................................. 39\n18 References to this jurisdiction to be implied................................... 40\n19 References to officers and holders of offices ................................. 40\n20 Reference to certain provisions of Law.......................................... 40\n21 Reference to provisions of this Law or an Act is inclusive ............. 41\nPart 4 Functions and powers\n22 Performance of statutory functions ................................................ 41\n23 Power to make instrument or decision includes power to\namend or repeal ............................................................................ 42\n24 Matters for which statutory instruments may make provision ........ 42\n25 Presumption of validity and power to make ................................... 43\n26 Appointments may be made by name or office.............................. 43\n27 Acting appointments ...................................................................... 44\n28 Powers of appointment imply certain incidental powers ................ 45\n29 Delegation of functions .................................................................. 46\n30 Exercise of powers before commencement ................................... 48\nPart 5 Distance, time and age\n31 Matters relating to distance, time and age ..................................... 50\nPart 6 Effect of repeal, amendment or expiration\n32 Time of Law ceasing to have effect ............................................... 51\n33 Repealed Law provisions not revived ............................................ 51\n\nElectronic Conveyancing (National Uniform Legislation) Act 2013 v\n34 Saving of operation of repealed Law provisions ............................ 52\n35 Continuance of repealed provisions .............................................. 52\n36 Law and amending Acts to be read as one.................................... 52\nPart 7 Instruments under Law\n37 Schedule applies to statutory instruments ..................................... 52\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 19 April 2024\n____________________\nELECTRONIC CONVEYANCING (NATIONAL UNIFORM LEGISLATION)\nACT 2013\nAn Act to provide for a national law relating to electronic conveyancing,\nand for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Electronic Conveyancing (National\nUniform Legislation) Act 2013.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Interpretation\n(1) For the purposes of this Act, the local application provisions of\nthis Act are the provisions of this Act other than the Electronic\nConveyancing National Law set out in the Appendix to this Act.\n(2) In the local application provisions of this Act:\nElectronic Conveyancing National Law (NT) means the\nprovisions applying in this jurisdiction because of section 5.\n(3) Terms used in the local application provisions of this Act and also in\nthe Electronic Conveyancing National Law set out in the Appendix\nto this Act have the same meanings in those provisions as they\nhave in that Law.\n\nPart 2 Adoption of National Law\nDivision 1 Provisions for adoption of National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 2\n4 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Adoption of National Law\nDivision 1 Provisions for adoption of National Law\n5 Adoption of Electronic Conveyancing National Law\nThe Electronic Conveyancing National Law set out in the Appendix\nto this Act:\n(a) applies as a law of this jurisdiction; and\n(b) as so applying may be referred to as the Electronic\nConveyancing National Law (NT); and\n(c) as so applying, is a part of this Act.\n6 Uniform adoption of nationally approved amendments to\nElectronic Conveyancing National Law\n(1) The Administrator may, by regulation, amend the Electronic\nConveyancing National Law set out in the Appendix to this Act to\ngive effect in this jurisdiction to any nationally approved\namendment.\n(2) In this section:\namend includes insert, omit and repeal a provision.\nnationally approved amendment means an amendment of the\nElectronic Conveyancing National Law set out in the Appendix to\nthe Electronic Conveyancing (Adoption of National Law)\nAct 2012 (NSW) that is of a kind that has been approved in\naccordance with the Intergovernmental Agreement.\n\nPart 2 Adoption of National Law\nDivision 2 Provisions for interpretation of National Law as adopted\nElectronic Conveyancing (National Uniform Legislation) Act 2013 3\n7 Exclusion of legislation of this jurisdiction\n(1) Even though the Interpretation Act 1978 applies to the local\napplication provisions of this Act, it does not apply to the Electronic\nConveyancing National Law (NT) or to instruments made under that\nLaw other than as prescribed by regulation for this subsection.\n(2) An Act prescribed by regulation does not apply to the Electronic\nConveyancing National Law (NT) or to instruments made under\nthat Law.\nDivision 2 Provisions for interpretation of National Law as\nadopted\n8 Meaning of generic terms\nIn the Electronic Conveyancing National Law (NT):\nland titles legislation means:\n(a) the following Acts:\n(i) the Land Title Act 2000;\n(ii) the Law of Property Act 2000;\n(iii) the Real Property (Unit Titles) Act 1975;\n(iv) the Unit Title Schemes Act 2009;\n(v) the Unit Titles Act 1975;\n(vi) any other Act prescribed by regulation for this\ndefinition; and\n(b) any regulations made under any of those Acts; and\n(c) any other law of this jurisdiction that authorises or requires\nsomething to be registered, noted or recorded in the titles\nregister.\nRegistrar means the Registrar-General.\nregistry instrument means any document that may be lodged\nunder the land titles legislation for the purposes of:\n(a) creating, transferring, disposing of, mortgaging, charging,\nleasing or dealing with in any other way an estate or interest in\nland; or\n\nPart 3 Miscellaneous matters\nElectronic Conveyancing (National Uniform Legislation) Act 2013 4\n(b) getting something registered, noted or recorded in the titles\nregister; or\n(c) getting the registration, note or record of something in the\ntitles register changed, withdrawn or removed.\nresponsible tribunal means NTCAT.\nthis jurisdiction means the Territory.\ntitles register means the land register kept under section 6 of the\nLand Title Act 2000 and any other register prescribed by regulation.\nPart 3 Miscellaneous matters\n9 Misleading information or document\n(1) A person commits an offence if:\n(a) the person gives information or an answer to the\nRegistrar-General under the Electronic Conveyancing National\nLaw (NT) or an instrument under the Law; and\n(b) the person knows the information or answer is misleading.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(2) A person commits an offence if:\n(a) the person gives a document to the Registrar-General under\nthe Electronic Conveyancing National Law (NT) or an\ninstrument under the Law; and\n(b) the person knows the document contains misleading\ninformation.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(3) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\nRegistrar-General's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe Registrar-General the information necessary to remedy\nthe misleading aspect of the document.\n\nPart 3 Miscellaneous matters\nElectronic Conveyancing (National Uniform Legislation) Act 2013 5\n(4) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n10 Acquisition on just terms\nIf the operation of the Electronic Conveyancing National Law (NT)\nwould, apart from this section, result in an acquisition of property\nfrom a person otherwise than on just terms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n11 Regulations\nThe Administrator may make regulations under this Act.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 6\nAppendix Electronic Conveyancing National Law\nsection 3\nPart 1 Preliminary\n1 Short title\nThis Law may be cited as the Electronic Conveyancing National\nLaw (NT).\n2 Commencement\nThis Law commences in a participating jurisdiction as provided by\nthe application law of that jurisdiction.\n3 Definitions\n(1) In this Law:\nanother registrar means a person who is a Registrar as defined in\nthe application law of another participating jurisdiction.\napplication law means a law of a participating jurisdiction that:\n(a) applies this Law, either with or without modifications, as a law\nof the participating jurisdiction; or\n(b) is a corresponding law.\nARNECC means the Australian Registrars' National Electronic\nConveyancing Council established by the Intergovernmental\nAgreement.\nassociated financial transaction means a transaction of a\nfinancial nature that is associated with a conveyancing transaction.\nExamples for definition associated financial transaction\n1 The payment of the purchase price for the sale and purchase of an interest in\nland.\n2 The advancing of money in return for the granting of a mortgage or charge\nover an interest in land.\n3 The payment of any tax, duty (for example, stamp duty), fee or charge\npayable in respect of the conveyancing transaction.\nclient authorisation has the meaning given in section 10.\ncompliance examination has the meaning given in section 33.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 7\nconveyancing transaction means a transaction that involves one\nor more parties and the purpose of which is:\n(a) to create, transfer, dispose of, mortgage, charge, lease or deal\nwith in any other way an estate or interest in land; or\n(b) to get something registered, noted or recorded in the titles\nregister; or\n(c) to get the registration, note or record of something in the titles\nregister changed, withdrawn or removed.\ncorresponding law:\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\nmade under a law of this jurisdiction as a corresponding law.\ndigital signature means encrypted electronic data intended for the\nexclusive use of a particular person as a means of identifying that\nperson as the sender of an electronic communication or the signer\nof a document.\ndigitally sign, in relation to an electronic communication or a\ndocument, means create a digital signature for the communication\nor document.\nELN means Electronic Lodgment Network – see section 13.\nELNO means Electronic Lodgment Network Operator – see\nsection 15.\nIntergovernmental Agreement means the Intergovernmental\nAgreement for a National Electronic Conveyancing Law between\nthe State of New South Wales, the State of Victoria, the State of\nQueensland, the State of Western Australia, the State of South\nAustralia, the State of Tasmania and the Northern Territory of\nAustralia, that came into operation on 21 November 2011 and as in\nforce from time to time.\ninteroperability means the interworking of ELNs operated by\nELNOs in a way that enables:\n(a) a subscriber using an ELN (the first subscriber) to complete\na conveyancing transaction that involves a subscriber using\nanother ELN without the first subscriber having to be a\nsubscriber to the other ELN; and\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 8\n(b) the preparation of a registry instrument or other document in\nelectronic form using data from different ELNs.\ninteroperability requirement means the requirement set out in\nsection 18A(1).\njurisdiction means State.\nland titles legislation, for the purposes of the application of this\nLaw as a law of a participating jurisdiction, has the meaning given\nby the application law of the jurisdiction.\nlaw, in relation to a Territory, means a law of, or in force in, that\nTerritory.\nlaw of this jurisdiction includes the principles and rules of\ncommon law and equity to the extent that they have effect in this\njurisdiction from time to time.\nlodge includes deposit, present and file.\noperating requirements means the requirements determined\nunder section 22.\nparticipating jurisdiction means a jurisdiction that is a party to the\nIntergovernmental Agreement and in which:\n(a) this Law applies as a law of the jurisdiction, either with or\nwithout modifications; or\n(b) there is a corresponding law.\nparticipation agreement, in relation to an ELN, means:\n(a) if an ELNO provides and operates the ELN an agreement\nbetween the ELNO and another person under which the other\nperson is authorised to use that ELN; or\n(b) if the Registrar provides and operates the ELN an agreement\nbetween the Registrar and another person under which the\nother 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\nof a participating jurisdiction, has the meaning given by the\napplication law of the jurisdiction.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 9\nregistry instrument, for the purposes of the application of this Law\nas a law of a participating jurisdiction, has the meaning given by the\napplication law of the jurisdiction.\nresponsible tribunal, for the purposes of the application of this\nLaw as a law of a participating jurisdiction, has the meaning given\nby the application law of the jurisdiction.\nState includes a Territory.\nsubscriber means a person who is authorised under a participation\nagreement to use an ELN to complete conveyancing transactions\non behalf of another person or on their own behalf.\nTerritory means the Australian Capital Territory or the Northern\nTerritory of Australia.\ntitles register, for the purposes of the application of this Law as a\nlaw of a participating jurisdiction, has the meaning given by the\napplication law of the jurisdiction.\n(2) A term used in this Law or a statutory instrument and also in the\nland titles legislation has the same meaning in this Law or the\nstatutory instrument as it has in that legislation, unless the term is\ndefined in this Law or the statutory instrument or the context\nrequires otherwise.\n4 Interpretation generally\nThe Schedule applies in relation to this Law.\n5 Object of this Law\n(1) The object of this Law is to promote efficiency throughout Australia\nin property conveyancing by providing a common legal framework\nthat:\n(a) enables documents in electronic form to be lodged and\nprocessed under the land titles legislation of each participating\njurisdiction; but\n(b) does not derogate from the fundamental principles of the\nTorrens system of land title as incorporated in the land titles\nlegislation of each participating jurisdiction, such as\nindefeasibility of title.\n(2) In order to achieve this object, this Law, among other things,\nauthorises the Registrar in each participating jurisdiction to operate\nor authorise the operation of an ELN, and provides for the making\nof rules relating to the operation of the ELN.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 10\n6 Law binds the State\n(1) This Law binds the State.\n(2) In this section:\nState means the Crown in right of this jurisdiction, and includes:\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\nin right of this jurisdiction.\nPart 2 Electronic Conveyancing\nDivision 1 Electronic lodgment\n7 Documents may be lodged electronically\n(1) A document may be lodged electronically for the purposes of the\nland titles legislation if the document is lodged:\n(a) in a form approved by the Registrar; and\n(b) by means of an ELN provided and operated under this Law.\n(2) An approval for the purposes of subsection (1)(a) may be given\nunder section 44 or the land titles legislation or in some other way\nthat the Registrar considers appropriate.\n8 Registrar to process documents lodged electronically\n(1) If a document is lodged electronically in accordance with section 7,\nthe Registrar must receive and process the document in\naccordance with the land titles legislation.\n(2) This section does not limit or affect the need for the document to\ncomply with the requirements of the land titles legislation, this Law\nor any other law of this jurisdiction.\n9 Status of electronic registry instruments\n(1) A registry instrument that is in a form in which it can be lodged\nelectronically under section 7 has the same effect as if that\ninstrument were in the form of a paper document.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 11\n(2) A registry instrument that is digitally signed by a subscriber in\naccordance with the participation rules applicable to that instrument\nhas the same effect as if a paper document having the equivalent\neffect had been executed by:\n(a) if the subscriber signs under a client authorisation, each\nperson for whom the subscriber signs in accordance with the\nclient authorisation; or\n(b) the subscriber in any other case.\n(3) If a registry instrument is digitally signed in accordance with the\nparticipation rules applicable to that instrument:\n(a) the instrument is to be taken to be in writing for the purposes\nof every other law of this jurisdiction; and\n(b) the requirements of any other law of this jurisdiction relating to\nthe execution, signing, witnessing, attestation or sealing of\ndocuments must be regarded as having been fully satisfied.\nDivision 2 Client authorisations and digital signatures\nSubdivision 1 Client authorisations\n10 Client authorisations\n(1) A client authorisation is a document:\n(a) that is in the form required by the participation rules; and\n(b) by which a party to a conveyancing transaction authorises a\nsubscriber to do one or more things on that party's behalf in\nconnection with the transaction so that the transaction, or part\nof the transaction, can be completed electronically.\n(2) The following are examples of the things that a client authorisation\nmay authorise a subscriber to do:\n(a) to digitally sign registry instruments or other documents;\n(b) to present registry instruments or other documents for\nlodgment electronically;\n(c) to authorise or complete any associated financial transaction.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 12\n11 Effect of client authorisation\n(1) A properly completed client authorisation:\n(a) has effect according to its terms; and\n(b) is not a power of attorney for the purposes of any other law of\nthis jurisdiction relating to powers of attorney.\n(2) If a client authorisation is properly completed, the requirements of\nany other law of this jurisdiction relating to the execution, signing,\nwitnessing, attestation or sealing of documents must be regarded\nas having been fully satisfied.\n(3) Subsections (1) and (2) do not limit or affect the application of any\nlaw of this jurisdiction relating to powers of attorney in relation to:\n(a) the execution of a client authorisation under a power of\nattorney; or\n(b) a client authorisation executed under a power of attorney.\nSubdivision 2 Digital signatures\n12 Reliance on, and repudiation of, digital signatures\n(1) If a subscriber's digital signature is created for a registry instrument\nor other document in connection with a conveyancing transaction,\nthen:\n(a) unless that subscriber repudiates that digital signature, that\nregistry instrument or other document is to be taken to be\nsigned by that subscriber; and\n(b) unless that subscriber repudiates that digital signature, that\ndigital signature is binding, in relation to that registry\ninstrument or other document, on:\n(i) that subscriber; and\n(ii) all other persons (if any) for whom that subscriber acts\nunder a client authorisation with respect to that\nconveyancing transaction; and\n(c) unless that subscriber repudiates that digital signature, that\ndigital signature is binding, in relation to that registry\ninstrument or other document, for the benefit of:\n(i) each of the parties to that conveyancing transaction; and\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 13\n(ii) each subscriber who acts under a client authorisation\nwith respect to that conveyancing transaction; and\n(iia) each ELNO whose ELN is used in connection with that\nconveyancing transaction; and\n(iii) any person claiming through or under any person to\nwhom subparagraph (i) applies; and\n(iv) the Registrar, once that registry instrument or other\ndocument is lodged electronically in accordance with\nsection 7; and\n(v) in the case of a document that contains a direction for\nthe payment of money as part of that conveyancing\ntransaction – each financial institution that pays or\nreceives money in accordance with that direction; and\n(d) that subscriber cannot repudiate that digital signature except\nin the circumstances set out in subsection (4).\n(2) Subsection (1) applies regardless of:\n(a) who created the subscriber's digital signature; and\n(b) the circumstances (including fraud) in which the subscriber's\ndigital signature was created.\n(3) Subsection (1) does not prevent the unsigning of a registry\ninstrument or other document.\n(4) Despite subsections (1) and (2), a subscriber can repudiate the\nsubscriber's digital signature with respect to a registry instrument or\nother document if the subscriber establishes:\n(a) that the digital signature was not created by the\nsubscriber; and\n(b) that the digital signature was not created by a person who, at\nthe time the subscriber's digital signature was created for the\nregistry instrument or other document:\n(i) was an employee, agent, contractor or officer (however\ndescribed) of the subscriber; and\n(ii) had the subscriber's express or implied authority to\ncreate the subscriber's digital signature for any\ndocument or documents; and\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 14\n(c) that neither of the following enabled the subscriber's digital\nsignature to be created for the registry instrument or other\ndocument:\n(i) a failure by the subscriber, or any of the subscriber's\nemployees, agents, contractors or officers, to fully\ncomply with the requirements of the participation rules;\n(ii) a failure by the subscriber, or any of the subscriber's\nemployees, agents, contractors or officers, to take\nreasonable care.\n(5) For the purposes of subsection (4)(b)(ii), it does not matter whether\nthe authority was:\n(a) general; or\n(b) limited or restricted to documents of a particular class or to a\nparticular document or in any other way.\n(6) In this section:\nfinancial institution means:\n(a) an authorised deposit-taking institution as defined in\nsection 5(1) of the Banking Act 1959 (Cth); or\n(b) a bank constituted by a law of this jurisdiction or of another\nState or the Commonwealth.\nPart 3 Electronic Lodgment Networks\nDivision 1 Preliminary\n13 Electronic Lodgment Network\n(1) An Electronic Lodgment Network (ELN) is an electronic system that\nenables the lodging of registry instruments and other documents in\nelectronic form for the purposes of the land titles legislation.\n(2) An ELN may also enable the preparation of registry instruments\nand other documents in electronic form for lodging under the land\ntitles legislation.\nDivision 2 Operation of Electronic Lodgment Networks\n14 Registrar may provide and operate ELN\nThe Registrar may provide and operate an ELN.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 15\n15 Registrar may approve ELNO to provide and operate ELN\n(1) The Registrar may approve a person as an Electronic Lodgment\nNetwork Operator (ELNO) to provide and operate an ELN.\n(2) The Registrar must not approve a person under this section unless\nthe person meets the qualifications for approval set out in the\noperating requirements.\n(3) An approval under this section must be in writing and must state the\nperiod for which it is to have effect.\n(4) The Registrar may grant more than one approval under this section.\n16 Conditions of approval as ELNO\n(1) The Registrar may attach conditions to an approval under\nsection 15, and those conditions must be specified in the approval.\n(2) The Registrar may at any time, by notice in writing to the ELNO,\nvary or revoke the conditions attached to the approval of that ELNO\nor attach new or additional conditions.\n17 Effect of approval as ELNO\n(1) A person who is approved as an ELNO under section 15 may\nprovide and operate an ELN:\n(a) for the period stated in the approval; and\n(b) subject to the conditions (if any) attached to the approval; and\n(c) in accordance with the operating requirements.\n(2) Subsection (1) is subject to sections 19 and 20.\n(3) In performing functions as an ELNO, a person approved under\nsection 15 is not and does not represent the State, and is not an\nagent of the State.\n(4) The approval of a person as an ELNO does not restrict or prevent\nthe provision, by that person, of services additional to those\nprovided by the ELN.\n(5) Subsection (4) is subject to the operating requirements.\n18 ELNO required to comply with operating requirements\nA person approved as an ELNO under section 15 must comply with\nthe operating requirements.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 16\n18A ELNO required to establish and maintain interoperability\n(1) A person approved as an ELNO under section 15 must, in\naccordance with the operating requirements, establish and maintain\ninteroperability between the ELN operated by the person and each\nELN operated by another ELNO.\n(2) The Registrar may waive compliance with the interoperability\nrequirement if the Registrar is satisfied that granting the waiver is\nreasonably necessary in all the circumstances.\n(3) A waiver under subsection (2) may:\n(a) be total or partial; and\n(b) apply to particular persons approved as an ELNO under\nsection 15 or particular classes of those persons; and\n(c) apply generally or be limited in its application by reference to\nspecified exceptions or factors; and\n(d) apply indefinitely or for a specified period; and\n(e) be unconditional or subject to conditions or restrictions.\n19 Renewal of approval as ELNO\n(1) The Registrar may renew an approval of a person as an ELNO\nunder section 15 if the Registrar is satisfied that the person meets\nthe qualifications for renewal of approval set out in the operating\nrequirements.\n(2) The renewal of an approval under this section must be in writing\nand must state the period for which the renewal is to have effect.\n(3) In renewing an approval, the Registrar may exercise the powers in\nsection 16 to attach conditions to the approval or vary or revoke\nconditions attached to the approval.\n20 Revocation or suspension of approval as ELNO\nThe Registrar may revoke or suspend the approval of a person as\nan ELNO in the circumstances set out in the operating\nrequirements.\n21 Monitoring of activities in ELN\n(1) The Registrar may monitor activities in an ELN for any purpose,\nincluding (without limitation) for the purpose of maintaining the\nintegrity of the titles register.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 17\n(2) This section does not limit Division 5.\nDivision 3 Operating requirements and participation rules\n22 Operating requirements for ELNOs\n(1) The Registrar may determine, in writing, requirements (operating\nrequirements) relating to:\n(a) the operation of an ELNO; and\n(b) the provision and operation, by an ELNO, of an ELN.\n(2) The operating requirements may (without limitation) include\nprovisions relating to the following matters:\n(a) the financial standing of an ELNO;\n(ab) changes in the control of an ELNO;\n(b) compliance with the participation rules, including (without\nlimitation):\n(i) requiring an ELNO to use a participation agreement\nwhen authorising persons to use the ELN operated by\nthe ELNO; and\n(ii) requiring participation agreements to incorporate the\nparticipation rules;\n(c) interoperability, including, without limitation:\n(i) requiring an ELNO to enter into agreements with other\nELNOs with respect to interoperability; and\n(ii) specifying matters to be dealt with, and standard\nprovisions to be included, in those agreements; and\n(iii) the resolution of disputes between an ELNO and other\nELNOs relating to interoperability;\n(ca) the technical and operational requirements for an ELN,\nincluding, without limitation, data standards and other\nrequirements relating to interoperability, for example, data\nstandards with respect to associated financial transactions;\n(cb) the integration of an ELN with other electronic systems;\n(cc) the separation of services provided by the ELN operated by an\nELNO from other services provided by the ELNO;\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 18\n(cd) fees and charges payable to an ELNO, including, without\nlimitation, principles relating to:\n(i) the setting and publication of fees and charges; and\n(ii) the apportionment of liability to pay fees and charges;\nand\n(iii) the circumstances in which fees and charges are not\npayable;\n(ce) the resolution of disputes between an ELNO and subscribers\nto the ELN operated by the ELNO or clients of those\nsubscribers;\n(cf) participation by an ELNO in a scheme for an industry code\nrelating to associated financial transactions and compliance by\nan ELNO with that code;\n(d) the insurance cover to be held by an ELNO;\n(e) the circumstances in which the Registrar may suspend or\nrevoke the approval of a person as an ELNO;\n(f) the giving of directions to an ELNO by the Registrar, for\nexample a direction to restrict, suspend or terminate a\nsubscriber's or other person's use of the ELN operated by the\nELNO.\n23 Participation rules\n(1) The Registrar may determine, in writing, rules relating to the use of\nan ELN (participation rules).\n(2) The participation rules may (without limitation) include provisions\nrelating to the following matters:\n(a) the eligibility criteria for subscribers;\n(b) the obligations of subscribers, including (without limitation) any\nrepresentations or warranties they are required to give;\n(c) the circumstances in which a subscriber's authority to use the\nELN may be restricted, suspended or terminated;\n(d) client authorisations;\n(e) the obligations of subscribers to verify the identity of their\nclients;\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 19\n(f) the certification of registry instruments and other documents\nfor use in connection with the ELN;\n(g) digital signing;\n(h) the retention of documents created or obtained in connection\nwith a subscriber's use of an ELN;\n(i) compliance by subscribers with the participation rules,\nincluding (without limitation) how subscribers demonstrate\ncompliance with the rules, the procedures for notifying\nnon-compliance and how non-compliance may be remedied.\n24 Registrar to have regard to nationally agreed model operating\nrequirements and participation rules\n(1) In determining operating requirements and participation rules under\nthis Law, and in determining changes to those requirements or\nrules, the Registrar must have regard to the desirability of\nmaintaining consistency with any model provisions.\n(2) In this section:\nmodel provisions means any model operating requirements or\nmodel participation rules from time to time developed and published\nby ARNECC.\n25 Publication of operating requirements and participation rules\n(1) The Registrar must ensure that the following are publicly available:\n(a) the current operating requirements and participation rules;\n(b) all superseded versions of the operating requirements and\nparticipation rules.\n(2) The operating requirements and participation rules, and any\nchanges to either of them, must be made publicly available at least\n20 business days before the operating requirements or participation\nrules or, as the case requires, the changes to them take effect.\n(3) However, changes to the operating requirements or participation\nrules may take effect within a shorter period (including immediately\non being made publicly available), if the Registrar is satisfied that\nthe changes need to take effect urgently because an emergency\nsituation exists.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 20\n(4) For the purposes of subsection (3), an emergency situation exists if\nthe Registrar considers that, because of the occurrence of an event\nor the existence of particular circumstances, the operation, security,\nintegrity or stability of an ELN or the titles register or the land titles\nsystem is being, or is likely to be, jeopardised.\n(5) Documents may be made publicly available in accordance with this\nsection in any manner the Registrar considers appropriate,\nincluding (without limitation) by means of a website.\n(6) It is sufficient compliance with subsection (1)(b) if a superseded\nversion of the operating requirements or participation rules (other\nthan the most recently superseded version) is publicly available\nonly on request made to the Registrar.\n26 Subscribers required to comply with participation rules\n(1) A subscriber who is authorised under a participation agreement to\nuse an ELN must comply with the participation rules relating to that\nELN.\n(2) If a subscriber contravenes those participation rules, the Registrar\nmay:\n(a) if the Registrar operates the ELN, restrict, suspend or\nterminate the subscriber's use of the ELN; or\n(b) if an ELNO operates the ELN, direct the ELNO to restrict,\nsuspend or terminate the subscriber's use of the ELN.\n(3) Subsection (2) does not limit or affect any right, power, authority or\nremedy that the Registrar or an ELNO has under the operating\nrequirements, the participation rules, a participation agreement or\nany other law of this jurisdiction in relation to contravention of the\nparticipation rules.\n27 Waiving compliance with operating requirements or\nparticipation rules\n(1) The Registrar may waive compliance with all or any provisions of\nthe operating requirements or participation rules if the Registrar is\nsatisfied that granting the waiver is reasonable in all the\ncircumstances.\n(2) A waiver under this section may:\n(a) be total or partial; and\n(b) apply generally to all persons, or be limited in its application to\nparticular persons or particular classes of persons; and\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 21\n(c) apply generally or be limited in its application by reference to\nspecified exceptions or factors; and\n(d) apply indefinitely or for a specified period; and\n(e) be unconditional or subject to conditions or restrictions.\nDivision 4 Appeals\n28 Appeal against decisions of Registrar\n(1) A person who is the subject of any of the following decisions (an\nappellable decision) may require the Registrar to provide, in\nwriting, the grounds for the decision:\n(a) a decision by the Registrar to refuse to approve the person as\nan ELNO;\n(b) a decision by the Registrar to refuse to renew the person's\napproval as an ELNO;\n(c) a decision by the Registrar to suspend the person's approval\nas an ELNO;\n(d) a decision by the Registrar to revoke the person's approval as\nan ELNO;\n(e) a decision by the Registrar to attach a condition to the\nperson's approval as an ELNO, or to vary or revoke a\ncondition of the person's approval as an ELNO, if the\nattachment, variation or revocation of the condition is done\nwithout the person's agreement;\n(f) a decision by the Registrar to restrict, suspend or terminate\nthe person's use, as a subscriber, of an ELN operated by the\nRegistrar;\n(g) a decision by the Registrar to direct an ELNO to restrict,\nsuspend or terminate the person's use, as a subscriber, of the\nELN operated by the ELNO.\n(2) A person who is the subject of an appellable decision and who has\nreceived written grounds for the decision from the Registrar under\nsubsection (1) or otherwise may appeal against the decision to the\nresponsible tribunal.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 22\n29 Determination of appeal\n(1) After hearing the appeal, the responsible tribunal may:\n(a) confirm the appellable decision; or\n(b) amend the appellable decision; or\n(c) substitute another decision for the appellable decision.\n(2) In amending the appellable decision or substituting another\ndecision for the appellable decision, the responsible tribunal has the\nsame powers as the Registrar under this Law.\n30 Costs\n(1) The responsible tribunal may make any order about costs it\nconsiders appropriate for the proceedings under this Division.\n(2) This section does not apply if the responsible tribunal has power\nunder another law of this jurisdiction to make an order about costs\nfor proceedings under this Division.\n31 Relationship with Act establishing responsible tribunal\nThis Division:\n(a) applies despite any provision to the contrary of the Act that\nestablishes or continues the responsible tribunal; but\n(b) does not otherwise limit:\n(i) that Act; or\n(ii) any rules, regulations or other instrument regulating the\npractice or procedure of the responsible tribunal.\nDivision 5 Compliance examinations\n32 Definitions\nIn this Division:\nELNO includes a former ELNO.\nsubscriber includes a former subscriber.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 23\n33 Compliance examinations\nThe Registrar may, on receiving a request or complaint from any\nperson or on the Registrar's own initiative, conduct an investigation\n(compliance examination) under this Part:\n(a) in relation to an ELNO for any of the following purposes:\n(i) ascertaining whether or not the operating requirements\nare being, or have been, complied with;\n(ia) ascertaining whether or not the interoperability\nrequirement is being, or has been, complied with;\n(ii) investigating any suspected or alleged case of\nmisconduct with respect to the operation of an ELN; or\n(b) in relation to a subscriber for either or both of the following\npurposes:\n(i) ascertaining whether or not the participation rules are\nbeing, or have been, complied with;\n(ii) investigating any suspected or alleged case of\nmisconduct with respect to the use of an ELN.\n34 Obligation to cooperate with examination\n(1) An ELNO or a subscriber in relation to whom a compliance\nexamination is being conducted must cooperate fully with the\nperson conducting the compliance examination for the purpose of\nensuring that the person is able to conduct a proper compliance\nexamination.\n(2) In particular, an ELNO or a subscriber must comply with any\nreasonable requirement by the person conducting the compliance\nexamination:\n(a) to furnish specified information or to produce specified\ndocuments for the purposes of the compliance examination; or\n(b) to take specified action for the purposes of the compliance\nexamination.\n(3) If an ELNO fails, without reasonable excuse, to cooperate as\nrequired by this section, the Registrar may take any action that the\nRegistrar is authorised to take under the operating requirements\nand that the Registrar considers appropriate, which may include\n(without limitation) the revocation or suspension of the ELNO's\napproval under section 20.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 24\n(4) If a subscriber fails, without reasonable excuse, to cooperate as\nrequired by this section, the Registrar may take any action that the\nRegistrar is authorised to take under the operating requirements,\nthe participation rules or the land titles legislation and that the\nRegistrar considers appropriate.\n(5) For the purposes of subsections (3) and (4), it is not a reasonable\nexcuse for a person to fail to give stated information, answer a\nquestion or to produce a document that giving the information,\nanswering the question or producing the document might tend to\nincriminate the person or make the person liable to a penalty.\n(6) However, the following is not admissible in evidence against an\nindividual in a criminal proceeding:\n(a) information provided by an individual in compliance with a\nrequirement made under this section;\n(b) an answer given by an individual in response to a question\nasked under this section;\n(c) a document produced by an individual in compliance with a\nrequirement made under this section (other than a document\nto which subsection (7) applies);\n(d) information directly or indirectly derived from:\n(i) information mentioned in paragraph (a); or\n(ii) an answer mentioned in paragraph (b); or\n(iii) a document mentioned in paragraph (c) (other than a\ndocument to which subsection (7) applies).\n(7) A document produced by an individual in compliance with a\nrequirement made under this section is not inadmissible in evidence\nagainst the individual in a criminal proceeding on the ground that\nthe document might incriminate the individual if the document is\nrequired to be kept under this Law, the land titles legislation, the\noperating requirements or the participation rules.\n(8) Subsection (6) does not apply to:\n(a) a proceeding about the false or misleading nature of anything\nin the information, answer or document; or\n(b) a proceeding in which the false or misleading nature of the\ninformation, answer or document is relevant evidence.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 25\n35 Registrar may refer matter to appropriate authority\n(1) Instead of conducting a compliance examination in relation to a\nmatter, or at any time during a compliance examination or after the\ncompletion of a compliance examination in relation to a matter, the\nRegistrar may refer the matter to an appropriate authority.\n(2) If the Registrar refers a matter to an appropriate authority, the\nRegistrar is not obliged to take any other action in relation to the\nmatter.\n(2A) The Registrar may refer a matter to an appropriate authority despite\nany law of this jurisdiction relating to privacy or confidentiality.\n(3) In this section:\nappropriate authority:\n(a) means a person, body or organisation who or which is\nempowered by a law of this jurisdiction or of another State or\nthe Commonwealth to take investigatory, disciplinary or other\naction; and\n(b) includes (without limiting paragraph (a)):\n(i) a law enforcement agency; and\n(ii) a regulatory or disciplinary body for persons engaged in\nany profession, occupation, calling or business; and\n(iii) another registrar.\n36 Land titles legislation not limited\nNothing in this Division limits or affects any provision of the land\ntitles legislation that authorises or permits any investigation, inquiry\nor examination of any kind.\nPart 4 Miscellaneous\nDivision 1 Delegation\n37 Delegation by Registrar\n(1) The Registrar may delegate the following to any other person:\n(a) the power conferred by section 21 to monitor activities in an\nELN;\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 26\n(b) any function under Part 3, Division 5;\n(c) the power conferred by section 44 to approve forms.\n(2) The Registrar may, in an instrument of delegation, authorise the\nperson to whom a power or function is delegated to subdelegate\nthat power or function.\nDivision 2 Liability of Registrar\n38 Registrar not obliged to monitor ELN or conduct compliance\nexamination\nThe Registrar is not obliged:\n(a) to monitor activities in an ELN under section 21; or\n(b) to conduct or complete a compliance examination under\nPart 3, Division 5.\n39 No compensation\nNo person is entitled to receive compensation for any loss or\ndamage arising out of anything done or omitted in good faith in, or\nin connection with, the monitoring of activities in an ELN under\nsection 21 or the conduct of a compliance examination under\nPart 3, Division 5, including (without limitation):\n(a) any decision made, in good faith, not to monitor activities in an\nELN or not to conduct a compliance examination; and\n(b) any decision made, in good faith, as to how activities in an\nELN are to be monitored or how a compliance examination is\nto be conducted.\n40 Registrar not responsible for additional services provided by\nELNO or associated financial transactions\n(1) The mere fact that an ELNO provides services that are additional to\nthose provided by the ELN operated by that ELNO does not make\nthe Registrar responsible for the regulation or operation of those\nadditional services.\n(2) The mere fact that the operating requirements include provisions\nrelating to the following matters does not make the Registrar\nresponsible for the regulation or conduct of associated financial\ntransactions:\n(a) data standards relating to those transactions;\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 27\n(b) participation by an ELNO in a scheme for an industry code\nrelating to those transactions and compliance by an ELNO\nwith that code.\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(a) the laws of this jurisdiction in relation to electronic\ntransactions; and\n(b) any other law of this jurisdiction that authorises or permits the\nuse of electronic documents for the purposes of the land titles\nlegislation.\n42 Powers may be exercised for purposes of this Law\nIf any provision of the land titles legislation empowers the making of\nan instrument of a legislative or administrative character, or the\ndoing of any other act or thing, that power is to be construed (with\nall necessary changes) as including a general power to make\ninstruments of that character, or to do that act or thing, for the\npurposes of this Law.\nDivision 4 Other matters\n43 Registrar authorised to disclose certain information\n(1) The Registrar may disclose information about the following matters\nto ARNECC, another registrar or a person or body who or which\nhas functions under, or responsibility for the administration or\noversight of, this Law or the land titles legislation:\n(a) an ELNO's compliance with the operating requirements or the\ninteroperability requirement;\n(b) a subscriber's compliance with the participation rules;\n(c) a compliance examination conducted under Part 3, Division 5;\n(d) any other matter relating to the performance of the Registrar's\nfunctions under this Law.\n(2) The Registrar may disclose the information despite any law of this\njurisdiction relating to privacy or confidentiality.\n\nAppendix Electronic Conveyancing National Law\nElectronic Conveyancing (National Uniform Legislation) Act 2013 28\n(3) This section does not limit or affect section 35 or any power or duty\nof the Registrar under the land titles legislation or any other law of\nthis jurisdiction to disclose the information.\n44 Forms\nThe Registrar may approve forms for use under this Law.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 29\nSchedule Miscellaneous provisions relating to\ninterpretation\nsection 5\nPart 1 Preliminary\n1 Displacement of Schedule by contrary intention\nThe application of this Schedule may be displaced, wholly or partly,\nby a contrary intention appearing in this Law.\nPart 2 General\n2 Law to be construed not to exceed legislative power of\nLegislature\n(1) This Law is to be construed as operating to the full extent of, but so\nas not to exceed, the legislative power of the Legislature of this\njurisdiction.\n(2) If a provision of this Law, or the application of a provision of this\nLaw to a person, subject matter or circumstance, would, but for this\nclause, be construed as being in excess of the legislative power of\nthe Legislature of this jurisdiction:\n(a) it is a valid provision to the extent to which it is not in excess of\nthe power; and\n(b) the remainder of this Law, and the application of the provision\nto other persons, subject matters or circumstances, is not\naffected.\n(3) This clause applies to this Law in addition to, and without limiting\nthe effect of, any provision of this Law.\n3 Every section to be a substantive enactment\nEvery section of this Law has effect as a substantive enactment\nwithout introductory words.\n4 Material that is, and is not, part of this Law\n(1) The heading to a Part, Division or Subdivision into which this Law is\ndivided is part of this Law.\n(2) A Schedule to this Law is part of this Law.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 30\n(3) Punctuation in this Law is part of this Law.\n(4) A heading to a section or subsection of this Law does not form part\nof this Law.\n(5) Notes included in this Law (including footnotes and endnotes) do\nnot form part of this Law.\n5 References to particular Acts and to enactments\nIn this Law:\n(a) an Act of this jurisdiction may be cited:\n(i) by its short title; or\n(ii) by reference to the year in which it was passed and its\nnumber; and\n(b) a Commonwealth Act may be cited:\n(i) by its short title; or\n(ii) in another way sufficient in a Commonwealth Act for the\ncitation of such an Act;\ntogether with a reference to the Commonwealth; and\n(c) an Act of another jurisdiction may be cited:\n(i) by its short title; or\n(ii) in another way sufficient in an Act of the jurisdiction for\nthe citation of such an Act;\ntogether with a reference to the jurisdiction.\n6 References taken to be included in Act or Law citation etc.\n(1) A reference in this Law to an Act includes a reference to:\n(a) the Act as originally enacted, and as amended from time to\ntime since its original enactment; and\n(b) if the Act has been repealed and re-enacted (with or without\nmodification) since the enactment of the reference, the Act as\nre-enacted, and as amended from time to time since its re-\nenactment.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 31\n(2) A reference in this Law to a provision of this Law or of an Act\nincludes a reference to:\n(a) the provision as originally enacted, and as amended from time\nto time since its original enactment; and\n(b) if the provision has been omitted and re-enacted (with or\nwithout modification) since the enactment of the reference, the\nprovision as re-enacted, and as amended from time to time\nsince its re-enactment.\n(3) Subclauses (1) and (2) apply to a reference in this Law to a law of\nthe Commonwealth or another jurisdiction as they apply to a\nreference in this Law to an Act and to a provision of an Act.\n7 Interpretation best achieving Law's purpose\n(1) In the interpretation of a provision of this Law, the interpretation that\nwill best achieve the purpose or object of this Law is to be preferred\nto any other interpretation.\n(2) Subclause (1) applies whether or not the purpose is expressly\nstated in this Law.\n8 Use of extrinsic material in interpretation\n(1) In this clause:\nextrinsic material means relevant material not forming part of this\nLaw, including, for example:\n(a) material that is set out in the document containing the text of\nthis Law as printed by the Government Printer; and\n(b) a relevant report of a Royal Commission, Law Reform\nCommission, commission or committee of inquiry, or a similar\nbody, that was laid before the Parliament of this jurisdiction\nbefore the provision concerned was enacted; and\n(c) a relevant report of a committee of the Parliament of this\njurisdiction that was made to the Parliament before the\nprovision was enacted; and\n(d) a treaty or other international agreement that is mentioned in\nthis Law; and\n(e) an explanatory note or memorandum relating to the Bill that\ncontained the provision, or any relevant document, that was\nlaid before, or given to the members of, the Parliament of this\njurisdiction by the member bringing in the Bill before the\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 32\nprovision was enacted; and\n(f) the speech made to the Parliament of this jurisdiction by the\nmember in moving a motion that the Bill be read a second\ntime; and\n(g) material in the Votes and Proceedings of the Parliament of this\njurisdiction or in any official record of debates in the\nParliament of this jurisdiction; and\n(h) a document that is declared by this Law to be a relevant\ndocument for the purposes of this clause.\nordinary meaning means the ordinary meaning conveyed by a\nprovision having regard to its context in this Law and to the purpose\nof this Law.\n(2) Subject to subclause (3), in the interpretation of a provision of this\nLaw, consideration may be given to extrinsic material capable of\nassisting in the interpretation:\n(a) if the provision is ambiguous or obscure to provide an\ninterpretation of it; or\n(b) if the ordinary meaning of the provision leads to a result that is\nmanifestly absurd or is unreasonable to provide an\ninterpretation that avoids such a result; or\n(c) in any other case to confirm the interpretation conveyed by the\nordinary meaning of the provision.\n(3) In determining whether consideration should be given to extrinsic\nmaterial, and in determining the weight to be given to extrinsic\nmaterial, regard is to be had to:\n(a) the desirability of a provision being interpreted as having its\nordinary meaning; and\n(b) the undesirability of prolonging proceedings without\ncompensating advantage; and\n(c) other relevant matters.\n9 Effect of change of drafting practice\nIf:\n(a) a provision of this Law expresses an idea in particular\nwords; and\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 33\n(b) a provision enacted later appears to express the same idea in\ndifferent words for the purpose of implementing a different\nlegislative drafting practice, including, for example:\n(i) the use of a clearer or simpler style; or\n(ii) the use of gender neutral language;\nthe ideas must not be taken to be different merely because\ndifferent words are used.\n10 Use of examples\nIf this Law includes an example of the operation of a provision:\n(a) the example is not exhaustive; and\n(b) the example does not limit, but may extend, the meaning of\nthe provision; and\n(c) the example and the provision are to be read in the context of\neach other and the other provisions of this Law, but, if the\nexample and the provision so read are inconsistent, the\nprovision prevails.\n11 Compliance with forms\n(1) If a form is prescribed or approved by or for the purpose of this\nLaw, strict compliance with the form is not necessary and\nsubstantial compliance is sufficient.\n(2) If a form prescribed or approved by or for the purpose of this Law\nrequires:\n(a) the form to be completed in a specified way; or\n(b) specified information or documents to be included in, attached\nto or given with the form; or\n(c) the form, or information or documents included in, attached to\nor given with the form, to be verified in a specified way;\nthe form is not properly completed unless the requirement is\ncomplied with.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 34\nPart 3 Terms and references\n12 Definitions\n(1) In this Law:\nAct means an Act of the Legislature of this jurisdiction.\nadult means an individual who is 18 or more.\naffidavit, in relation to a person allowed by law to affirm, declare or\npromise, includes affirmation, declaration and promise.\namend includes:\n(a) omit or omit and substitute; or\n(b) alter or vary; or\n(c) amend by implication.\nappoint includes reappoint.\nAustralia means the Commonwealth of Australia but, when used in\na geographical sense, does not include an external Territory.\nbusiness day means a day that is not:\n(a) a Saturday or Sunday; or\n(b) a public holiday, special holiday or bank holiday in the place in\nwhich any relevant act is to be or may be done.\ncalendar month means a period starting at the beginning of any\nday of one of the 12 named months and ending:\n(a) immediately before the beginning of the corresponding day of\nthe next named month; or\n(b) if there is no such corresponding day at the end of the next\nnamed month.\ncalendar year means a period of 12 months beginning\non 1 January.\ncommencement, in relation to this Law or an Act or a provision of\nthis Law or an Act, means the time at which this Law, the Act or\nprovision comes into operation.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 35\nCommonwealth means the Commonwealth of Australia but, when\nused in a geographical sense, does not include an external\nTerritory.\nconfer, in relation to a function, includes impose.\ncontravene includes fail to comply with.\ncountry includes:\n(a) a federation; or\n(b) a state, province or other part of a federation.\ndate of assent, in relation to an Act, means the day on which the\nAct receives the Royal Assent.\ndefinition means a provision of this Law (however expressed) that:\n(a) gives a meaning to a word or expression; or\n(b) limits or extends the meaning of a word or expression.\ndocument means any record of information however recorded, and\nincludes:\n(a) anything on which there is writing; or\n(b) anything on which there are marks, figures, symbols or\nperforations having a meaning for persons qualified to\ninterpret them; or\n(c) anything from which sounds, images or writings can be\nreproduced with or without the aid of anything else; or\n(d) a map, plan, drawing or photograph; or\n(e) any record of information that exists in a digital form and is\ncapable of being reproduced, transmitted, stored and\nduplicated by electronic means.\nexpire includes lapse or otherwise cease to have effect.\nexternal Territory means a Territory, other than an internal\nTerritory, for the government of which as a Territory provision is\nmade by a Commonwealth Act.\nfail includes refuse.\nfinancial year means a period of 12 months beginning on 1 July.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 36\nforeign country means a country (whether or not an independent\nsovereign State) outside Australia and the external Territories.\nfunction includes a power, authority or duty.\nGazette means the Government Gazette of this jurisdiction.\nGazette notice means notice published in the Gazette.\ngazetted means published in the Gazette.\nGovernment Printer means the Government Printer of this\njurisdiction, and includes any other person authorised by the\nGovernment of this jurisdiction to print an Act or instrument.\nindividual means a natural person.\ninsert, in relation to a provision of this Law, includes substitute.\ninstrument includes a statutory instrument.\ninternal Territory means the Australian Capital Territory, the Jervis\nBay Territory or the Northern Territory.\nJervis Bay Territory means the Territory mentioned in the Jervis\nBay Territory Acceptance Act 1915 (Cth).\nmake includes issue or grant.\nminor means an individual who is under 18.\nmodification includes addition, omission or substitution.\nmonth means a calendar month.\nnamed month means 1 of the 12 months of the year.\nNorthern Territory means the Northern Territory of Australia.\nnumber means:\n(a) a number expressed in figures or words; or\n(b) a letter; or\n(c) a combination of a number so expressed and a letter.\noath, in relation to a person allowed by law to affirm, declare or\npromise, includes affirmation, declaration or promise.\noffice includes position.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 37\nomit, in relation to a provision of this Law or an Act, includes\nrepeal.\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\nmechanical or electronic means.\nproceeding means a legal or other action or proceeding.\nprovision, in relation to this Law or an Act, means words or other\nmatter that form or forms part of this Law or the Act, and includes:\n(a) a Chapter, Part, Division, Subdivision, section, subsection,\nparagraph, subparagraph, sub-subparagraph or Schedule of\nor to this Law or the Act; or\n(b) a section, clause, subclause, item, column, table or form of or\nin a Schedule to this Law or the Act; or\n(c) the long title and any preamble to the Act.\nrecord includes information stored or recorded by means of a\ncomputer.\nrepeal includes:\n(a) revoke or rescind; or\n(b) repeal by implication; or\n(c) abrogate or limit the effect of this Law or the instrument\nconcerned; or\n(d) exclude from, or include in, the application of this Law or the\ninstrument concerned any person, subject matter or\ncircumstance.\nsign includes the affixing of a seal or the making of a mark.\nstatutory declaration means a declaration made under an Act, or\nunder a Commonwealth Act or an Act of another jurisdiction, that\nauthorises a declaration to be made otherwise than in the course of\na judicial proceeding.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 38\nstatutory instrument means an instrument made or in force under\nor for the purposes of this Law, and includes an instrument made or\nin force under any such instrument.\nswear, in relation to a person allowed by law to affirm, declare or\npromise, includes affirm, declare or promise.\nword includes any symbol, figure or drawing.\nwriting includes any mode of representing or reproducing words in\na visible form.\n(2) In a statutory instrument:\nthe Law means this Law.\n13 Provisions relating to defined terms and gender and number\n(1) If this Law defines a word or expression, other parts of speech and\ngrammatical forms of the word or expression have corresponding\nmeanings.\n(2) Definitions in or applicable to this Law apply except so far as the\ncontext or subject matter otherwise indicates or requires.\n(3) In this Law, words indicating a gender include each other gender.\n(4) In this Law:\n(a) words in the singular include the plural; and\n(b) words in the plural include the singular.\n14 Meaning of may and must etc.\n(1) In this Law, the word may, or a similar word or expression, used in\nrelation to a power indicates that the power may be exercised or not\nexercised, at discretion.\n(2) In this Law, the word must, or a similar word or expression, used in\nrelation to a power indicates that the power is required to be\nexercised.\n(3) This clause has effect despite any rule of construction to the\ncontrary.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 39\n15 Words and expressions used in statutory instruments\n(1) Words and expressions used in a statutory instrument have the\nsame meanings as they have, from time to time, in this Law, or\nrelevant provisions of this Law, under or for the purposes of which\nthe instrument is made or in force.\n(2) This clause has effect in relation to an instrument except so far as\nthe contrary intention appears in the instrument.\n16 Effect of express references to bodies corporate and\nindividuals\nIn this Law, a reference to a person generally (whether the\nexpression person, party, someone, anyone, no-one, one,\nanother or whoever or another expression is used):\n(a) does not exclude a reference to a body corporate or an\nindividual merely because elsewhere in this Law there is\nparticular reference to a body corporate (however\nexpressed); and\n(b) does not exclude a reference to a body corporate or an\nindividual merely because elsewhere in this Law there is\nparticular 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\nmechanical, electronic or other device is required by or under this\nLaw:\n(a) to produce the information or a document containing the\ninformation to a court, tribunal or person; or\n(b) to make a document containing the information available for\ninspection by a court, tribunal or person;\nthen, unless the court, tribunal or person otherwise directs:\n(c) the requirement obliges the person to produce or make\navailable for inspection, as the case may be, a document that\nreproduces the information in a form capable of being\nunderstood by the court, tribunal or person; and\n(d) the production to the court, tribunal or person of the document\nin that form complies with the requirement.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 40\n18 References to this jurisdiction to be implied\nIn this Law:\n(a) a reference to an officer, office or statutory body is a reference\nto such an officer, office or statutory body in and for this\njurisdiction; and\n(b) a reference to a locality or other matter or thing is a reference\nto such a locality or other matter or thing in and of this\njurisdiction.\n19 References to officers and holders of offices\nIn this Law, a reference to a particular officer, or to the holder of a\nparticular office, includes a reference to the person for the time\nbeing occupying or acting in the office concerned.\n20 Reference to certain provisions of Law\nIf a provision of this Law refers:\n(a) to a Part, section or Schedule by a number and without\nreference to this Law, the reference is a reference to the Part,\nsection or Schedule, designated by the number, of or to this\nLaw; or\n(b) to a Schedule without reference to it by a number and without\nreference to this Law, the reference, if there is only one\nSchedule to this Law, is a reference to the Schedule; or\n(c) to a Division, Subdivision, subsection, paragraph,\nsubparagraph, sub-subparagraph, clause, subclause, item,\ncolumn, table or form by a number and without reference to\nthis Law, the reference is a reference to:\n(i) the Division, designated by the number, of the Part in\nwhich the reference occurs; and\n(ii) the Subdivision, designated by the number, of the\nDivision in which the reference occurs; and\n(iii) the subsection, designated by the number, of the section\nin which the reference occurs; and\n(iv) the paragraph, designated by the number, of the section,\nsubsection, Schedule or other provision in which the\nreference occurs; and\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 41\n(v) the paragraph, designated by the number, of the clause,\nsubclause, item, column, table or form of or in the\nSchedule in which the reference occurs; and\n(vi) the subparagraph, designated by the number, of the\nparagraph in which the reference occurs; and\n(vii) the sub-subparagraph, designated by the number, of the\nsubparagraph in which the reference occurs; and\n(viii) the section, clause, subclause, item, column, table or\nform, designated by the number, of or in the Schedule in\nwhich 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(a) a reference to the Chapter, Part, Division, Subdivision,\nsection, subsection or other provision of this Law or the Act\nreferred to that forms the beginning of the portion; and\n(b) a reference to the Chapter, Part, Division, Subdivision,\nsection, subsection or other provision of this Law or the Act\nreferred to that forms the end of the portion.\nExample for section 21\nA reference to \"sections 5 to 9\" includes both section 5 and section 9. It is not\nnecessary to refer to \"sections 5 to 9 (both inclusive)\" to ensure that the\nreference is given an inclusive interpretation.\nPart 4 Functions and powers\n22 Performance of statutory functions\n(1) If this Law confers a function or power on a person or body, the\nfunction may be performed, or the power may be exercised, from\ntime to time as occasion requires.\n(2) If this Law confers a function or power on a particular officer or the\nholder of a particular office, the function may be performed, or the\npower may be exercised, by the person for the time being\noccupying or acting in the office concerned.\n(3) If this Law confers a function or power on a body (whether or not\nincorporated), the performance of the function, or the exercise of\nthe power, is not affected merely because of vacancies in the\nmembership of the body.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 42\n23 Power to make instrument or decision includes power to\namend or repeal\nIf this Law authorises or requires the making of an instrument or\ndecision:\n(a) the power includes power to amend or repeal the instrument\nor decision; and\n(b) the power to amend or repeal the instrument or decision is\nexercisable in the same way, and subject to the same\nconditions, as the power to make the instrument or decision.\n24 Matters for which statutory instruments may make provision\n(1) If this Law authorises or requires the making of a statutory\ninstrument in relation to a matter, a statutory instrument made\nunder this Law may make provision for the matter by applying,\nadopting or incorporating (with or without modification) the\nprovisions of:\n(a) an Act or statutory instrument; or\n(b) another document (whether of the same or a different kind);\nas in force at a particular time or as in force from time to time.\n(2) If a statutory instrument applies, adopts or incorporates the\nprovisions of a document, the statutory instrument applies, adopts\nor incorporates the provisions as in force from time to time, unless\nthe statutory instrument otherwise expressly provides.\n(3) A statutory instrument may:\n(a) apply generally throughout this jurisdiction or be limited in its\napplication to a particular part of this jurisdiction; or\n(b) apply generally to all persons, matters or things or be limited\nin its application to:\n(i) particular persons, matters or things; or\n(ii) particular classes of persons, matters or things; or\n(c) otherwise apply generally or be limited in its application by\nreference to specified exceptions or factors.\n(4) A statutory instrument may:\n(a) apply differently according to different specified factors; or\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 43\n(b) otherwise make different provision in relation to:\n(i) different persons, matters or things; or\n(ii) different classes of persons, matters or things.\n(5) A statutory instrument may authorise a matter or thing to be from\ntime to time determined, applied or regulated by a specified person\nor body.\n(6) If this Law authorises or requires a matter to be regulated by\nstatutory instrument, the power may be exercised by prohibiting by\nstatutory instrument the matter or any aspect of the matter.\n(7) If this Law authorises or requires provision to be made with respect\nto a matter by statutory instrument, a statutory instrument made\nunder this Law may make provision with respect to a particular\naspect of the matter despite the fact that provision is made by this\nLaw in relation to another aspect of the matter or in relation to\nanother matter.\n(8) A statutory instrument may provide for the review of, or a right of\nappeal against, a decision made under the statutory instrument, or\nthis Law, and may, for that purpose, confer jurisdiction on any court,\ntribunal, person or body.\n(9) A statutory instrument may require a form prescribed by or under\nthe statutory instrument, or information or documents included in,\nattached to or given with the form, to be verified by statutory\ndeclaration.\n25 Presumption of validity and power to make\n(1) All conditions and preliminary steps required for the making of a\nstatutory instrument are presumed to have been satisfied and\nperformed in the absence of evidence to the contrary.\n(2) A statutory instrument is taken to be made under all powers under\nwhich it may be made, even though it purports to be made under\nthis Law or a particular provision of this Law.\n26 Appointments may be made by name or office\n(1) If this Law authorises or requires a person or body:\n(a) to appoint a person to an office; or\n(b) to appoint a person or body to exercise a power; or\n(c) to appoint a person or body to do another thing;\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 44\nthe person or body may make the appointment by:\n(d) appointing a person or body by name; or\n(e) appointing a particular officer, or the holder of a particular\noffice, by reference to the title of the office concerned.\n(2) An appointment of a particular officer, or the holder of a particular\noffice, is taken to be the appointment of the person for the time\nbeing occupying or acting in the office concerned.\n27 Acting appointments\n(1) If this Law authorises a person or body to appoint a person to act in\nan office, the person or body may, in accordance with this Law,\nappoint:\n(a) a person by name; or\n(b) a particular officer, or the holder of a particular office, by\nreference to the title of the office concerned;\nto act in the office.\n(2) The appointment may be expressed to have effect only in the\ncircumstances specified in the instrument of appointment.\n(3) The appointer may:\n(a) determine the terms and conditions of the appointment,\nincluding remuneration and allowances; and\n(b) terminate the appointment at any time.\n(4) The appointment, or the termination of the appointment, must be in,\nor evidenced by, writing signed by the appointer.\n(5) The appointee must not act for more than 1 year during a vacancy\nin the office.\n(6) If the appointee is acting in the office otherwise than because of a\nvacancy in the office and the office becomes vacant, then, subject\nto subclause (2), the appointee may continue to act until:\n(a) the appointer otherwise directs; or\n(b) the vacancy is filled; or\n(c) the end of a year from the day of the vacancy;\nwhichever happens first.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 45\n(7) The appointment ceases to have effect if the appointee resigns by\nwriting signed and delivered to the appointer.\n(8) While the appointee is acting in the office:\n(a) the appointee has all the powers and functions of the holder of\nthe office; and\n(b) this Law and other laws apply to the appointee as if the\nappointee were the holder of the office.\n(9) Anything done by or in relation to a person purporting to act in the\noffice is not invalid merely because:\n(a) the occasion for the appointment had not arisen; or\n(b) the appointment had ceased to have effect; or\n(c) the occasion for the person to act had not arisen or had\nceased.\n(10) If this Law authorises the appointer to appoint a person to act\nduring a vacancy in the office, an appointment to act in the office\nmay be made by the appointer whether or not an appointment has\npreviously been made to the office.\n28 Powers of appointment imply certain incidental powers\n(1) If this Law authorises or requires a person or body to appoint a\nperson to an office:\n(a) the power may be exercised from time to time as occasion\nrequires; and\n(b) the power includes:\n(i) power to remove or suspend, at any time, a person\nappointed to the office; and\n(ii) power to appoint another person to act in the office if a\nperson appointed to the office is removed or\nsuspended; and\n(iii) power to reinstate or reappoint a person removed or\nsuspended; and\n(iv) power to appoint a person to act in the office if it is\nvacant (whether or not the office has ever been\nfilled); and\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 46\n(v) power to appoint a person to act in the office if the\nperson appointed to the office is absent or is unable to\ndischarge the functions of the office (whether because of\nillness or otherwise).\n(2) The power to remove or suspend a person under subclause (1)(b)\nmay be exercised even if this Law provides that the holder of the\noffice to which the person was appointed is to hold office for a\nspecified period.\n(3) The power to make an appointment under subclause (1)(b) may be\nexercised from time to time as occasion requires.\n(4) An appointment under subclause (1)(b) may be expressed to have\neffect only in the circumstances specified in the instrument of\nappointment.\n29 Delegation of functions\n(1) If this Law authorises a person or body to delegate a function, the\nperson or body may, in accordance with this Law and any other\napplicable law, delegate the function to:\n(a) a person or body by name; or\n(b) a specified officer, or the holder of a specified office, by\nreference to the title of the office concerned.\n(2) The delegation may be:\n(a) general or limited; and\n(b) made from time to time; and\n(c) revoked, wholly or partly, by the delegator.\n(3) The delegation, or a revocation of the delegation, must be in, or\nevidenced by, writing signed by the delegator or, if the delegator is\na body, by a person authorised by the body for the purpose.\n(4) A delegated function may be exercised only in accordance with any\nconditions to which the delegation is subject.\n(5) The delegate may, in the performance of a delegated function, do\nanything that is incidental to the delegated function.\n(6) A delegated function that purports to have been exercised by the\ndelegate is taken to have been properly exercised by the delegate\nunless the contrary is proved.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 47\n(7) A delegated function that is properly exercised by the delegate is\ntaken to have been exercised by the delegator.\n(8) If, when exercised by the delegator, a function is dependent on the\ndelegator's opinion, belief or state of mind, then, when exercised by\nthe delegate, the function is dependent on the delegate's opinion,\nbelief or state of mind.\n(9) If:\n(a) the delegator is a specified officer or the holder of a specified\noffice; and\n(b) the person who was the specified officer or holder of the\nspecified office when the delegation was made ceases to be\nthe holder of the office;\nthen:\n(c) the delegation continues in force; and\n(d) the person for the time being occupying or acting in the office\nconcerned is taken to be the delegator for the purposes of this\nclause.\n(10) If:\n(a) the delegator is a body; and\n(b) there is a change in the membership of the body;\nthen:\n(c) the delegation continues in force; and\n(d) the body as constituted for the time being is taken to be the\ndelegator for the purposes of this clause.\n(11) If a function is delegated to a specified officer or the holder of a\nspecified office:\n(a) the delegation does not cease to have effect merely because\nthe person who was the specified officer or the holder of the\nspecified office when the function was delegated ceases to be\nthe officer or the holder of the office; and\n(b) the function may be exercised by the person for the time being\noccupying or acting in the office concerned.\n(12) A function that has been delegated may, despite the delegation, be\nexercised by the delegator.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 48\n(13) The delegation of a function does not relieve the delegator of the\ndelegator's obligation to ensure that the function is properly\nexercised.\n(14) Subject to subclause (15), this clause applies to a subdelegation of\na function in the same way as it applies to a delegation of a\nfunction.\n(15) If this Law authorises the delegation of a function, the function may\nbe subdelegated only if this Law expressly authorises the function\nto be subdelegated.\n30 Exercise of powers before commencement\n(1) If a provision of this Law (the empowering provision) that has not\ncommenced would, had it commenced, confer a power:\n(a) to make an appointment; or\n(b) to make a statutory instrument of a legislative or administrative\ncharacter; or\n(c) to do another thing;\nthen:\n(d) the power may be exercised; and\n(e) anything may be done for the purpose of enabling the exercise\nof the power or of bringing the appointment, instrument or\nother thing into effect;\nbefore the empowering provision commences.\n(2) If a provision of a Northern Territory Act or regulation (the\nempowering provision) that does not commence on its enactment\nwould, had it commenced, amend a provision of this Law so that it\nwould confer a power:\n(a) to make an appointment; or\n(b) to make a statutory instrument of a legislative or administrative\ncharacter; or\n(c) to do another thing;\nthen:\n(d) the power may be exercised; and\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 49\n(e) anything may be done for the purpose of enabling the exercise\nof the power or of bringing the appointment, instrument or\nother thing into effect;\nbefore the empowering provision commences.\n(3) If:\n(a) this Law has commenced and confers a power to make a\nstatutory instrument (the basic statutory instrument-making\npower); and\n(b) a provision of a Northern Territory Act or regulation that does\nnot commence on its enactment would, had it commenced,\namend this Law so as to confer additional power to make a\nstatutory instrument (the additional instrument-making\npower);\nthen:\n(c) the basic instrument-making power and the additional\ninstrument-making power may be exercised by making a\nsingle instrument; and\n(d) any provision of the instrument that required an exercise of the\nadditional instrument-making power is to be treated as made\nunder subclause (2).\n(4) If an instrument, or a provision of an instrument, is made under\nsubclause (1) or (2) that is necessary for the purpose of:\n(a) enabling the exercise of a power mentioned in the\nsubclause; or\n(b) bringing an appointment, instrument or other thing made or\ndone under such a power into effect;\nthe instrument or provision takes effect:\n(c) on the making of the instrument; or\n(d) on such later day (if any) on which, or at such later time (if\nany) at which, the instrument or provision is expressed to take\neffect.\n(5) If:\n(a) an appointment is made under subclause (1) or (2); or\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 50\n(b) an instrument, or a provision of an instrument, made under\nsubclause (1) or (2) is not necessary for a purpose mentioned\nin subclause (4);\nthe appointment, instrument or provision takes effect:\n(c) on the commencement of the relevant empowering\nprovision; or\n(d) on such later day (if any) on which, or at such later time (if\nany) at which, the appointment, instrument or provision is\nexpressed to take effect.\n(6) Anything done under subclause (1) or (2) does not confer a right, or\nimpose a liability, on a person before the relevant empowering\nprovision commences.\n(7) After the enactment of a provision mentioned in subclause (2) but\nbefore the provision's commencement, this clause applies as if the\nreferences in subclauses (2) and (5) to the commencement of the\nempowering provision were references to the commencement of\nthe provision mentioned in subclause (2) as amended by the\nempowering provision.\n(8) In the application of this clause to a statutory instrument, a\nreference to the enactment of the instrument is a reference to the\nmaking of the instrument.\nPart 5 Distance, time and age\n31 Matters relating to distance, time and age\n(1) In the measurement of distance for the purposes of this Law, the\ndistance is to be measured along the shortest road ordinarily used\nfor travelling.\n(2) If a period beginning on a given day, act or event is provided or\nallowed for a purpose by this Law, the period is to be calculated by\nexcluding the day, or the day of the act or event, and:\n(a) if the period is expressed to be a specified number of clear\ndays or at least a specified number of days, by excluding the\nday on which the purpose is to be fulfilled; and\n(b) in any other case, by including the day on which the purpose\nis to be fulfilled.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 51\n(3) If the last day of a period provided or allowed by this Law for doing\nanything is not a business day in the place in which the thing is to\nbe or may be done, the thing may be done on the next business\nday in the place.\n(4) If the last day of a period provided or allowed by this Law for the\nfiling or registration of a document is a day on which the office is\nclosed where the filing or registration is to be or may be done, the\ndocument may be filed or registered at the office on the next day\nthat the office is open.\n(5) If no time is provided or allowed for doing anything, the thing is to\nbe done as soon as possible, and as often as the prescribed\noccasion happens.\n(6) If, in this Law, there is a reference to time, the reference is, in\nrelation to the doing of anything in a jurisdiction, a reference to the\nlegal time in the jurisdiction.\n(7) For the purposes of this Law, a person attains an age in years at\nthe 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(a) to expire on a specified day; or\n(b) to remain or continue in force, or otherwise have effect, until a\nspecified day;\nthe provision has effect until the last moment of the specified day.\n33 Repealed Law provisions not revived\nIf a provision of this Law is repealed or amended by a Northern\nTerritory Act or regulation, or a provision of a Northern Territory Act\nor regulation, the provision is not revived merely because the\nNorthern Territory Act or regulation or the provision of the Northern\nTerritory Act or regulation:\n(a) is later repealed or amended; or\n(b) later expires.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 52\n34 Saving of operation of repealed Law provisions\n(1) The repeal, amendment or expiry of a provision of this Law does\nnot:\n(a) revive anything not in force or existing at the time the repeal,\namendment or expiry takes effect; or\n(b) affect the previous operation of the provision or anything\nsuffered, done or begun under the provision; or\n(c) affect a right, privilege or liability acquired, accrued or incurred\nunder the provision; or\n(d) affect a penalty incurred in relation to an offence arising under\nthe provision; or\n(e) affect an investigation, proceeding or remedy in relation to\nsuch a right, privilege, liability or penalty.\n(2) Any such penalty may be imposed and enforced, and any such\ninvestigation, proceeding or remedy may be begun, continued or\nenforced, as if the provision had not been repealed or amended or\nhad not expired.\n35 Continuance of repealed provisions\nIf a Northern Territory Act or regulation repeals some provisions of\nthis Law and enacts new provisions in substitution for the repealed\nprovisions, the repealed provisions continue in force until the new\nprovisions commence.\n36 Law and amending Acts to be read as one\nThis Law and all Northern Territory Acts and regulations amending\nthis Law are to be read as one.\nPart 7 Instruments under Law\n37 Schedule applies to statutory instruments\n(1) This Schedule applies to a statutory instrument, and to things that\nmay be done or are required to be done under a statutory\ninstrument, in the same way as it applies to this Law, and things\nthat may be done or are required to be done under this Law, except\nso far as the context or subject matter otherwise indicates or\nrequires.\n\nSchedule Miscellaneous provisions relating to interpretation\nElectronic Conveyancing (National Uniform Legislation) Act 2013 53\n(2) The fact that a provision of this Schedule refers to this Law and not\nalso to a statutory instrument does not, by itself, indicate that the\nprovision is intended to apply only to this Law.\n\nENDNOTES\nElectronic Conveyancing (National Uniform Legislation) Act 2013 54\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nElectronic Conveyancing (National Uniform Legislation) Act 2013 (Act No. 13, 2013)\nAssent date 6 June 2013\nCommenced 17 July 2013 (Gaz G29, 17 July 2013, pp 2 and 3)\nLand Legislation Amendment Act 2023 (Act No. 3, 2023)\nAssent date 2 March 2023\nCommenced 2 January 2024 (Gaz G16, 3 August 2023, p 1)\nElectronic Conveyancing (National Uniform Legislation) (Act Amendment)\nRegulations 2024 (SL No. 5, 2024)\nDate made 18 April 2024\nCommenced 19 April 2024\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 7 and 8.\n4 LIST OF AMENDMENTS\ns 3 amd SL No. 5, 2024, r 4\ns 7 amd SL No. 5, 2024, r 5\ns 8 amd No. 3, 2023, s 4\ns 12 amd SL No. 5, 2024, r 6\ns 18A ins SL No. 5, 2024, r 7\ns 19 amd SL No. 5, 2024, r 8\ns 22 amd SL No. 5, 2024, r 9\ns 33 amd SL No. 5, 2024, r 10\ns 35 amd SL No. 5, 2024, r 11\ns 37 amd SL No. 5, 2024, r 12\n\nENDNOTES\nElectronic Conveyancing (National Uniform Legislation) Act 2013 55\ns 40 amd SL No. 5, 2024, r 13\npt 4 hdg exp No. 13, 2013, s 16\npt 4\ndiv 1 hdg exp No. 13, 2013, s 16\nss 12 – 13 exp No. 13, 2013, s 16\npt 4\ndiv 2 hdg exp No. 13, 2013, s 16\nss 14 – 15 exp No. 13, 2013, s 16\npt 4\ndiv 3 hdg exp No. 13, 2013, s 16\ns 16 exp No. 13, 2013, s 16\npt 4\ndiv 4 hdg ins SL No. 5, 2024, r 14\nss 43 – 44 ins SL No. 5, 2024, r 14","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded beyond simple electronic document lodgment. The 2024 amendments (Regulations SL No. 5, 2024) introduced significant new obligations including: mandatory interoperability between competing ELN platforms (section 18A), expanded operating requirements covering financial transactions and dispute resolution (section 22), and new information disclosure powers (section 43). The original 2013 Act focused primarily on enabling electronic signatures and basic ELN approval; the current version regulates a complex ecosystem of competing private operators, financial integration, and national consistency requirements."},"complexity_factors":["Dual-layer structure: The Act adopts a 'National Law' set out in an Appendix, creating interaction between the local Northern Territory provisions and the uniform national provisions.","Extensive cross-referencing: Terms like 'land titles legislation', 'Registrar', and 'titles register' are defined in the local Act (section 8) but apply throughout the National Law in the Appendix.","Nested definitions: Section 3 of the National Law contains 25+ defined terms, including complex concepts like 'interoperability' and 'associated financial transaction'.","Conditional liability rules: Section 12 on digital signatures contains multiple nested exceptions (subsections 4-6) governing when a subscriber can repudiate a signature.","Intergovernmental dependencies: The law references an 'Intergovernmental Agreement' and 'ARNECC' (Australian Registrars' National Electronic Conveyancing Council), requiring external knowledge.","Delegated legislation framework: Operating requirements and participation rules are not in the Act itself but determined by the Registrar (sections 22-23), creating a two-tier regulatory system.","Comprehensive interpretation Schedule: The Schedule contains 37 clauses of generic interpretation rules that apply unless displaced by contrary intention.","Sunset/expiry provisions: Part 4 of the original Act (sections 12-16) expired on commencement, leaving residual references and amendment notes."],"plain_english_summary":"This law enables property conveyancing in the Northern Territory to be done electronically through certified Electronic Lodgment Networks (ELNs), letting lawyers, conveyancers and approved operators lodge documents, register interests and complete transfers online. Electronic signatures and client authorisations are given legal effect (distinct from general powers of attorney), and different ELNs must interoperate under rules set by the Registrar-General.\n\nIt modernises and speeds up property dealings while preserving Torrens-title security and aligning with national electronic conveyancing frameworks."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. Amendments noted in the Act's endnotes and 2023–2024 regulations have expanded operational detail and regulator powers — notably adding an explicit interoperability requirement (s 18A), inserting disclosure/forms provisions (ss 43–44) and amending multiple operational sections (eg ss 3, 7, 8, 12, 19, 22, 33, 35, 37, 40). See the List of Amendments and Endnotes in the source."},"complexity_factors":["Cross‑jurisdictional adoption and amendment mechanics tying local law to the National Law and Intergovernmental Agreement (s 5; s 6; Appendix definitions).","Broad discretionary powers and delegation to the Registrar (approval, conditions, waivers, monitoring, directions) (ss 15–16, 18A(2), 19–21, 27, 37).","Key technical standards, interoperability obligations and many operational details deferred to operating requirements and participation rules (ss 22–23, 18A).","Enforcement and oversight framework combining compliance examinations, mandatory cooperation, evidentiary protections and appeal rights to a tribunal (ss 33–35, 34(6)–(7), 28–31).","Fee setting, apportionment and commercial terms left to ELNOs subject to principles in operating requirements, creating commercial and regulatory complexity (s 22(cd), 17(4)).","Extensive defined terms and an interpretive Schedule that affect construction across multiple provisions (Appendix s 3; Schedule).","Interplay with existing land titles legislation and other electronic transaction laws creates layered legal relationships (ss 8, 41–42).","Powers to disclose information despite privacy/confidentiality laws increases regulatory interaction with other authorities (ss 35(2), 43)."],"plain_english_summary":"This Act applies the Electronic Conveyancing National Law in the Territory so documents can be prepared, digitally signed and lodged electronically through Electronic Lodgment Networks (ELNs). It creates roles and rules for Registrars, ELN operators (ELNOs), subscribers and financial institutions (ss 5, 7–9, 13–18A, 22–23). \n\nThe Registrar sets operating requirements and participation rules, may approve, suspend or revoke ELNOs, and run compliance examinations; subscribers face obligations to comply and pay ELN fees (ss 15, 20, 22(cd), 26, 33–35, 34)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/electronic-conveyancing-national-uniform-legislation-act-2013","history":"/api/acts/electronic-conveyancing-national-uniform-legislation-act-2013/history","analysis":"/api/acts/electronic-conveyancing-national-uniform-legislation-act-2013/analysis","conflicts":"/api/acts/electronic-conveyancing-national-uniform-legislation-act-2013/conflicts","importantCases":"/api/acts/electronic-conveyancing-national-uniform-legislation-act-2013/important-cases","documents":"/api/acts/electronic-conveyancing-national-uniform-legislation-act-2013/documents"}}