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Electronic Conveyancing (Adoption of National Law) Act 2012
22Operating requirements for ELNOs
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#### 22 Operating requirements for ELNOs
22 Operating requirements for ELNOs
> > (1) The Registrar may determine, in writing, requirements (operating requirements) relating to—
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> > > (a) the operation of an ELNO, and
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> > > (b) the provision and operation, by an ELNO, of an ELN.
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> > (2) The operating requirements may (without limitation) include provisions relating to the following matters—
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> > > (a) the financial standing of an ELNO,
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> > > (a1) changes in the control of an ELNO,
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> > > (b) compliance with the participation rules, including (without limitation)—
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> > > > (i) requiring an ELNO to use a participation agreement when authorising persons to use the ELN operated by the ELNO, and
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> > > > (ii) requiring participation agreements to incorporate the participation rules,
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> > > (c) interoperability, including, without limitation—
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> > > > (i) requiring an ELNO to enter into agreements with other ELNOs with respect to interoperability, and
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> > > > (ii) specifying matters to be dealt with, and standard provisions to be included, in those agreements, and
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> > > > (iii) the resolution of disputes between an ELNO and other ELNOs relating to interoperability,
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> > > (c1) the technical and operational requirements for an ELN, including, without limitation, data standards and other requirements relating to interoperability, for example, data standards with respect to associated financial transactions,
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> > > (c2) the integration of an ELN with other electronic systems,
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> > > (c3) the separation of services provided by the ELN operated by an ELNO from other services provided by the ELNO,
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> > > (c4) fees and charges payable to an ELNO, including, without limitation, principles relating to—
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> > > > (i) the setting and publication of fees and charges, and
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> > > > (ii) the apportionment of liability to pay fees and charges, and
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> > > > (iii) the circumstances in which fees and charges are not payable,
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> > > (c5) the resolution of disputes between an ELNO and subscribers to the ELN operated by the ELNO or clients of those subscribers,
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> > > (c6) participation by an ELNO in a scheme for an industry code relating to associated financial transactions and compliance by an ELNO with that code,
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> > > (d) the insurance cover to be held by an ELNO,
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> > > (e) the circumstances in which the Registrar may suspend or revoke the approval of a person as an ELNO,
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> > > (f) the giving of directions to an ELNO by the Registrar, for example a direction to restrict, suspend or terminate a subscriber’s or other person’s use of the ELN operated by the ELNO.