Electronic Conveyancing Enforcement Act 2022
11Interim remedial directions
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11 Interim remedial directions
11 Interim remedial directions
(1) The Registrar may give a written direction to an ELNO (an interim remedial direction) if the Registrar—
(a) reasonably believes the ELNO has contravened or is contravening a requirement imposed by or under the Electronic Conveyancing National Law (NSW), and
(b) is satisfied the direction needs to be given urgently because an emergency situation exists.
(2) For subsection (1), an emergency situation exists if the Registrar considers that, because of the occurrence of an event or the existence of particular circumstances, the operation, security, integrity or stability of an ELN, the titles register or the land titles system is being, or is likely to be, jeopardised.
(3) An interim remedial direction given to an ELNO constitutes notice for section 10(2) of the Registrar’s intention to give a remedial direction on the same terms as the interim remedial direction.
(4) Subsection (3) does not prevent the Registrar specifying in a remedial direction a period or periods for implementation under section 12(1)(c) that is different from the period or periods for implementation specified in the interim direction.
(5) Unless sooner revoked, an interim remedial direction for a contravention ceases to have effect on the earliest of the following—
(a) the end of the period of 21 days after the date of the interim remedial direction,
(b) when the Registrar gives a remedial direction to the ELNO in relation to the contravention.
(6) Sections 12–15 apply to an interim remedial direction in the same way as they apply to a remedial direction.