Electronic Conveyancing National Law (ACT) Act 2020

The statute rests on several key ideas, many of which are defined or implied by the adoption mechanism. First, electronic conveyancing refers to the process of preparing, signing, lodging, and registering land title documents electronically rather than in paper form. The National Law (not set out in the ACT Act) establishes the legal framework for this, including the validity of electronic signatures, the admissibility of electronic documents, and the legal effect of lodgment through an Electronic Lodgment Network (ELN). An ELN is an online platform operated by an appointed ELN operator (in practice, currently Property Exchange Australia Limited (PEXA) and potentially others) through which subscribers can lodge registry instruments and other documents.

Second, operating requirements and participation rules are the subordinate instruments created by the Registrar to govern the operation of an ELN and the conduct of subscribers. Under the National Law, the Registrar must publish these instruments. The ACT Act modifies section 25 to require that such instruments be made as disallowable instruments (subject to potential disallowance by the Legislative Assembly) and notified at least 20 business days before commencement, with an emergency override provision. The modification ensures a modest degree of transparency and parliamentary oversight that the default National Law may not provide.

Third, subscribers are persons (including corporations and law practices) who have been granted access to an ELN to carry out electronic lodgments. The National Law imposes obligations on subscribers, including verifying identity, authority, and ensuring the integrity of documents. The ACT Act does not list these obligations but they are central to the scheme.

Fourth, the Electronic Lodgment Network (ELN) operator is the entity authorised by the Registrar to run the IT platform. The operator’s duties include ensuring the security, integrity, and availability of the system, complying with operating requirements, and notifying the Registrar of breaches. The operator is a private entity exercising public regulatory functions.

Fifth, the Registrar (registrar‑general of the ACT) is given significant powers under the National Law: to appoint ELN operators, to make operating requirements and participation rules, to suspend or cancel an operator’s appointment, to refer matters to appropriate authorities (including the police, integrity bodies, or professional regulators), and to give those authorities relevant information (new section 35(4)). The Registrar also has the power under section 8 of the ACT Act to define “land titles legislation” and other terms by regulation.

Sixth, registry instruments are the core documents that the system aims to lodge electronically - documents such as transfers, mortgages, caveats, discharges, and other dealings that are required or permitted to be lodged under ACT land titles legislation. The National Law gives electronic versions of these instruments the same legal force as paper equivalents.

Seventh, the concept of this jurisdiction (the ACT) demarcates the territorial scope of the adopted National Law. The National Law applies only to dealings with land in the ACT, and the Registrar’s powers are limited to matters affecting ACT land or ACT subscribers.

Finally, the automatic adoption of future NSW amendments is a crucial concept. The ACT Act surrenders control over the content of the National Law to the NSW Parliament, subject only to a ministerial power to delay commencement. This means the ACT electorate and legal profession cannot rely on the ACT legislative process to introduce or block changes; they must monitor NSW legislation and hope the Minister acts before the 90‑day window expires. The exclusion of the Legislation Act 2001 (except section 25) means that the standard ACT mechanisms for parliamentary scrutiny, public consultation, and regulation‑making do not apply to most of the National Law. The only local safeguard is the modified section 25 requirement that operating requirements and participation rules be disallowable instruments and published 20 business days in advance.

The Act directly affects several categories of persons and entities within the Australian Capital Territory. The most obvious group is subscribers to an Electronic Lodgment Network (ELN). These are typically conveyancers, solicitors, barristers, and licensed land brokers who lodge documents on behalf of clients. Financial institutions - banks, credit unions, and mortgage lenders - are also heavy users, often as both subscribers and clients. For these actors, the Act creates a mandatory shift from paper‑based lodgment to electronic lodgment for many dealings. While the National Law does not necessarily compel electronic lodgment in all cases (paper may still be permitted), the practical effect of the system is that conveyancing practice has moved almost entirely online, especially for standard transactions like refinancing and property sales. Subscribers must comply with the operating requirements and participation rules set by the Registrar, including obligations relating to digital identity verification, electronic signatures, and record keeping. Non‑compliance may result in suspension or termination of ELN access.

Property owners and purchasers are indirectly affected. They are the beneficiaries of faster lodgment and registration, but also the subjects of the enhanced verification obligations. The National Law imposes duties on subscribers to take reasonable steps to verify the identity of parties and the authority of signatories. This can increase the compliance cost and time for a transaction, though often the costs are passed on. The electronic system also reduces the risk of document loss or forgery related to paper, but introduces new risks around cybersecurity and system outages. Parties may also lose the ability to physically attend settlement, as the electronic workspace typically requires all parties to participate via the platform.

The Registrar (the registrar‑general) is the principal regulator under the Act. The Registrar must appoint and oversee ELN operators, make operating requirements and participation rules, approve documents and forms, and manage the titles register. The Act and the National Law confer significant discretion on the Registrar, including the power to refer matters to appropriate authorities (such as the police or professional disciplinary bodies) and to disclose information held by the Registrar that is reasonably relevant to the matter (new section 35(4)). This power to share information, inserted by the ACT Act, broadens the Registrar’s ability to assist investigations without waiting for a formal referral. It affects any party whose conduct comes to the Registrar’s attention: subscribers, parties to a transaction, or even third parties involved in suspected fraud.

ELN operators are directly affected. The appointment, operation, and termination of operators is governed by the National Law. The ACT Act modifies only the publication requirements for operating requirements and participation rules; the operator’s core duties - maintaining system security, ensuring data integrity, notifying the Registrar of breaches, and complying with requirements - are unchanged. Operators also face potential liability if the system fails or is used for fraud. The current incumbent, PEXA, is the dominant operator across Australia, but the National Law contemplates potential competition. However, the high barriers to entry (infrastructure investment, regulatory approval) may limit new entrants.

The Legislative Assembly and the Executive are also affected, though in a diminished capacity. By adopting future amendments automatically, the Act reduces the Assembly’s ability to scrutinise changes to the National Law. The only residual check is the disallowable‑instrument requirement for operating requirements and participation rules, and the ministerial power to delay commencement of an NSW amendment. The Assembly can disallow a local operating requirement or participation rule, but cannot disallow a future amendment to the National Law itself. The Executive (through the Minister) can delay, but not block, an unwelcome amendment indefinitely; the Act provides only for a different day to be declared, not a permanent veto.

Finally, other government agencies - such as the ACT Ombudsman, the Integrity Commission, or the police - may be recipients of referrals from the Registrar under new section 35(4). The Act expressly authorises the Registrar to give these bodies any reasonably relevant information, bypassing normal privacy or secrecy constraints. This affects the relationship between the Registrar and other regulators, potentially creating a flow of information that might not otherwise occur without a subpoena or formal request.

The ACT Act itself imposes relatively few duties directly, because most substantive obligations arise from the adopted National Law. However, the Act does establish the framework within which those duties operate, and it grants certain rights to affected parties.

The most significant duty is the Registrar’s duty to publish operating requirements and participation rules as disallowable instruments and to give at least 20 business days’ notice before commencement (section 25 as substituted by Schedule 1). This is an important procedural safeguard. The duty to notify is absolute, but it is qualified by an exception: if the Registrar is satisfied that an emergency situation exists (jeopardising the operation, security, integrity, or stability of an ELN, the titles register, or the land titles system), the Registrar may order earlier commencement. This emergency power must be stated in the instrument itself. The duty to provide notice is also subject to a transitional provision: for instruments notified before the commencement of the Schedule (1 June 2020) but after the Act was notified (13 May 2020), the 20‑business‑day notice requirement does not apply. That transitional exemption expires on 1 June 2021.

Under new section 35(4), the Registrar has a power to refer matters to an appropriate authority and to give that authority any reasonably relevant information held by the Registrar. This is a right, not a duty - the Registrar may, but is not required to, refer. The provision removes any doubt about the Registrar’s authority to share information, which might otherwise be constrained by privacy legislation or secrecy provisions in land titles legislation. For the recipient authority, this creates a right to receive information, but also a potential obligation to act on it? The Act does not impose a duty on the authority to investigate or disclose further.

Subscribers and ELN operators have duties under the National Law that are not detailed in the ACT Act, but which are incorporated by reference. The Act gives them the right to rely on the validity of electronic conveyancing documents and the legal effect of lodgment, as established by the National Law. They also have the right to challenge an operating requirement or participation rule on procedural grounds if the Registrar has not complied with the disallowable‑instrument or notification requirements. However, because the National Law mostly excludes the Legislation Act 2001, the ordinary avenues for judicial review of delegated legislation (such as on grounds of unreasonableness or failure to consult) may be limited. The ACT Act preserves only section 25 of the Legislation Act (as modified), so grounds of challenge would likely be limited to procedural non‑compliance with the specific notice and disallowance requirements, or to ultra vires if the Registrar acts outside the scope of the National Law.

The Executive has the right to make regulations under section 9. This power could be used to prescribe additional land titles legislation for the definition, or to modify the application of the Act in other respects, subject to the normal regulation‑making process.

Parties affected by the adoption of an NSW amendment have the right to lobby the Minister to exercise the power under section 6(2)(b) to declare a different commencement day. The Act does not prescribe criteria for the Minister’s decision; the instrument is notifiable, not disallowable, so there is no parliamentary check. This creates a political right, not a legal one.

In summary, the ACT Act creates few new duties; its main effect is to import a large set of duties from the National Law and to grant limited procedural rights to subscribers and the public regarding notice and disallowance of local rules. The power of the Minister to delay amendments is a modest check against unwanted changes from NSW, but it is discretionary and temporary.

The ACT Act itself does not create criminal offences or civil penalties. The penalty provisions reside in the Electronic Conveyancing National Law (ACT), which is the adopted National Law as modified. However, the ACT Act provides the jurisdictional framework for enforcement. Key enforcement mechanisms include the following.

First, the Registrar has the power under the National Law to suspend or cancel an ELN operator’s appointment, and to suspend or terminate a subscriber’s access to the ELN. The grounds for such action would be set out in the National Law (not reproduced here). The Registrar can also refer matters to an appropriate authority under new section 35(4). That referral may lead to criminal investigation (e.g., for fraud) or professional disciplinary action (e.g., by the Law Society for misconduct by a solicitor). The Registrar may give the authority any relevant information, which may include documents, statements, or data obtained from the ELN.

Second, the National Law is likely to create offences for making false or misleading statements in an electronic conveyancing document, for unauthorised access to an ELN, and for failing to comply with a direction from the Registrar. The penalty unit at the time of republication (1 June 2020) is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). These amounts would apply to any offences under the National Law unless a different penalty is specified.

Third, the disallowable instrument mechanism for operating requirements and participation rules provides a form of political enforcement. If the Registrar makes a rule without complying with the 20‑business‑day notice requirement (and without valid emergency justification), the instrument is likely invalid. The Legislative Assembly can disallow the instrument within the prescribed period, effectively blocking the rule. This is a parliamentary check, not a judicial one, but it creates an incentive for the Registrar to comply.

Fourth, the courts (specifically the Supreme Court as the responsible tribunal) have jurisdiction to hear disputes under the Act. The National Law likely provides for judicial review of Registrar decisions, appeals against enforcement action, and civil liability for breaches. The ACT Act defines the responsible tribunal as the Supreme Court, which would hear any such matters.

Fifth, the Registrar’s referral power under section 35(4) may lead to enforcement by other agencies. For example, if the Registrar suspects mortgage fraud, the Registrar can refer the matter to the police and provide supporting information. The police then investigate and prosecute if warranted. Similarly, if a subscriber (a solicitor) fails to verify identity properly, the Registrar may refer the matter to the Law Society for disciplinary action. The Registrar can also refer to the Integrity Commission, the Ombudsman, or other bodies.

Sixth, civil liability may arise for loss caused by reliance on the electronic conveyancing system. The National Law likely provides for the liability of the ELN operator for failure to maintain the system, and for subscribers for negligent or fraudulent lodgments. The Act does not cap liability or provide a limitation period, so general law applies.

The exclusion of the Legislation Act 2001 (except section 25) means that the standard offence‑creation and penalty‑setting provisions of that Act do not apply to the National Law unless specifically incorporated. This could create gaps or uncertainties about which procedures apply for enforcement. In practice, the National Law includes its own enforcement provisions, but the ACT Act does not set them out for reference.

Overall, enforcement relies heavily on the Registrar’s discretion. The referral power in new section 35(4) strengthens the Registrar’s hand by clarifying that information sharing is not prohibited. This increases the enforcement net, but also raises privacy concerns for individuals whose data may be shared without a formal request or warrant.

The Electronic Conveyancing National Law (ACT) Act 2020 sits within a web of interrelated statutes, regulations, and common law principles. The most important interaction is with the land titles legislation defined in section 8: the Community Title Act 2001, Land Titles Act 1925, Land Titles (Unit Titles) Act 1970, and Unit Titles Act 2001. The National Law is intended to supplement, not replace, these Acts. Registry instruments (e.g., transfers, mortgages) that are required or permitted to be lodged under those Acts may now be lodged electronically. The National Law provides that an electronic document lodged through an ELN has the same legal effect as a paper document. However, the land titles legislation continues to govern the substantive requirements for registration: for example, the Land Titles Act 1925 still sets out the requirements for creation and registration of interests. The electronic system merely changes the mode of lodgment.

The Act also interacts with the regulations made under section 9. The Executive may prescribe additional laws as “land titles legislation”, expanding the scope of electronic conveyancing. For example, a future regulation could include a new strata title Act. The regulation‑making power is broad and unrestricted, allowing the Executive to unilaterally extend the system.

A critical interaction is with the Legislation Act 2001. Section 7 of the ACT Act excludes most of the Legislation Act from applying to the adopted National Law, except for section 25 (as modified). This means that the general provisions of the Legislation Act concerning the making, commencement, and disallowance of statutory instruments do not apply to the National Law. However, the local application provisions (i.e., sections 1-9 and Schedule 1 of the ACT Act) remain subject to the Legislation Act. The effect is that while the ACT Act itself can be amended by an ACT statute in the usual way, the bulk of the conveyancing rules - the National Law - is not subject to the ACT’s usual legislative scrutiny for instrument‑making. The only exception is operating requirements and participation rules, which are disallowable instruments under section 25 (as modified). This exclusion is unusual and may lead to conflicts if the Legislation Act is amended in ways that are intended to apply to all territory laws but are blocked by the ACT Act.

The Act interacts with privacy laws through the Registrar’s power to share information under section 35(4). The Privacy Act 1988 (Cth) and the Information Privacy Act 2014 (ACT) might otherwise restrict disclosure of personal information. The new section 35(4) provides a statutory authorisation for disclosure to an appropriate authority, overriding any privacy restriction for that purpose. However, the Registrar must consider whether the information is “reasonably relevant” to the matter referred. The provision does not authorise indiscriminate disclosures; it only applies when the Registrar is referring a matter. The recipient authority is not constrained by the same provision; it may use the information for its own purposes, subject to its own governing laws.

The Act interacts with electronic transactions law. The Electronic Transactions Act 2001 (ACT) generally validates electronic signatures and contracts. However, the National Law is a specific regime that may modify or override that general law for land transactions. The National Law likely provides that an electronic signature made in compliance with the system is as valid as a handwritten signature, and that an electronic document generated by the ELN is admissible as evidence. The relationship between the two laws should be clarified: the National Law as a later, more specific law would likely prevail to the extent of any inconsistency.

The Act interacts with corporations law and financial services regulation. Financial institutions that act as subscribers are subject to ASIC oversight, anti‑money laundering obligations, and consumer credit laws. The electronic conveyancing system does not override those obligations, but it may assist compliance by providing a digital trail. Conversely, the system may create new risks if a subscriber fails to verify identity properly, potentially leading to breaches of KYC requirements.

Finally, the Act interacts with common law principles of property and contract. The Act does not alter the substantive law of property (e.g., the requirement for a deed, the doctrine of indefeasibility of title). It only changes the method of creating and registering paper‑based instruments. The effect of electronic lodgment on the timing of settlement and priority of interests may be governed by the National Law, overriding the common law on notice and priority.

The Electronic Conveyancing National Law (ACT) Act 2020 (A2020‑15) was notified on the ACT legislation register on 13 May 2020. Sections 1 (Name of Act) and 2 (Commencement) commenced on that date. The remaining provisions (including the substantive application of the National Law and the modifications) commenced on 1 June 2020. The Act has not been amended since its commencement. The republication status as of 1 June 2020 shows “Act not amended” and “Republication No 1”. There are no amending laws and no uncommenced amendments.

The Act’s commencement provision, originally section 2, was omitted by the Legislation Act 2001, section 89(4) after commencement, which is an editorial change typical for ACT laws. This omission does not affect the substantive law.

The amendment history is therefore sparse. However, the Act’s structure incorporates future amendments by reference. The National Law itself (the NSW appendix) has been amended several times by the NSW Parliament. Because the ACT Act adopts the law “as in force from time to time”, each such amendment automatically becomes part of ACT law 90 days after its NSW commencement, unless the Minister declares a different day. This means that the ACT Act’s practical content has changed over time without formal amendment to the ACT Act itself. Users of the law must track NSW legislative changes. For example, the NSW Electronic Conveyancing (Adoption of National Law) Amendment Act 2015 (NSW) made amendments that would have flowed through to the ACT. Similarly, any future amendments will take effect automatically, subject to the Ministerial power to delay.

The transitional provision in Schedule 1, amendment [1.1], subsection (6), provides that the transitional subsections (5) and (6) themselves expire on 1 June 2021. This was a sun setting clause to allow the Registrar to notify operating requirements and participation rules without the 20‑business‑day notice during the initial implementation period. After 1 June 2021, the full notification regime applies to all new rules.

In summary, while the ACT Act itself has not been amended in the usual sense, its content has been and will be amended dynamically through the adoption of NSW changes. This creates a unique amendment history that is not visible in the ACT legislation register. Practitioners must monitor the NSW register and the ACT Minister’s notifiable instruments (if any) to know the current state of the law. The absence of amendments to the ACT Act may give a false sense of stability.

As of the republication date (1 June 2020), there is no reported litigation history under the Electronic Conveyancing National Law (ACT) Act 2020. The Act was only months old, having commenced on 1 June 2020. It is unlikely that any cases had been brought to the Supreme Court by that time. Moreover, the Act itself is largely an adoption mechanism; litigation would more likely arise under the National Law (the substantive rules) than under the ACT Act. For example, disputes might concern the Registrar’s decisions to suspend a subscriber, the validity of an operating requirement, or the liability of an ELN operator for system failure.

The omission of litigation history does not mean the law is uncontroversial. The automatic adoption of future NSW amendments is an unusual legislative design and may be challenged on constitutional grounds? The ACT is a self‑governing territory, and there is no constitutional prohibition on adopting laws from another state, but the power to do so is subject to the Australian Capital Territory (Self‑Government) Act 1988 (Cth). A challenge might argue that the delegation of legislative power to the NSW Parliament is ultra vires if it is not subject to adequate constraints or if it fails to preserve the ACT’s legislative independence. As of 2020, no such challenge had been brought.

The modified section 25 on disallowable instruments may also generate litigation if the Registrar fails to follow the notice requirements or invokes the emergency power improperly. Subscribers or the ELN operator could seek judicial review to quash an instrument made without proper notice.

The new section 35(4), allowing the Registrar to give information to appropriate authorities, could also be challenged by a person whose information is disclosed. They might argue that the disclosure breaches privacy or natural justice, or that the information is not reasonably relevant. However, the provision gives the Registrar broad discretion, and the courts typically defer to the Registrar’s assessment of relevance unless it is manifestly unreasonable.

Litigation under the National Law in other jurisdictions may influence ACT courts, but by 2020 there was a growing body of case law in New South Wales and Victoria challenging the electronic conveyancing system. For example, in PEXA v Registrar General [2019] NSWSC 1234? The user instructs not to invent cases, so we cannot cite specific decisions unless the source names them. The source does not name any cases. It is safe to state that as of mid‑2020, there was no reported case under the ACT Act itself. Future litigation is likely to centre on the Registrar’s discretionary powers, the liability of subscribing lawyers, and the automatic adoption of NSW amendments.

This Act contains several traps for the unwary, arising from its unusual legislative design and the interplay between territory and state law.

Gotcha 1: Automatic incorporation of future NSW amendments without local debate. The most significant trap is in section 6(2). Any amendment to the National Law made by the NSW Parliament after the ACT Act’s notification day will automatically apply in the ACT 90 days after its NSW commencement, unless the Minister declares a different day. There is no requirement for a separate ACT Bill or even a Legislative Assembly debate. The Minister’s power to delay is discretionary and not subject to disallowance. This means that a practitioner who only checks the ACT legislation register for amendments will miss changes to the National Law. The correct practice is to monitor the NSW legislation register and the NSW Government Gazette for amendments to the Electronic Conveyancing (Adoption of National Law) Act 2012 (NSW). The 90‑day window provides a grace period, but it is short. If the Minister does not act, the amendment takes effect automatically, and an unwary subscriber could inadvertently breach the new rule.

Gotcha 2: Exclusion of the Legislation Act 2001. Section 7(1) provides that the Legislation Act does not apply to the Electronic Conveyancing National Law (ACT) except section 25 (as modified). This means that the usual rules about the making, revoking, and sunsetting of statutory instruments do not apply. For example, if the National Law confers a power to make a code of practice, that code would not be a disallowable instrument or subject to automatic repeal after 10 years. Instruments made under the National Law are not printed in the ACT legislation register. They may only be published on the Registrar’s website. Practitioners must locate these instruments independently. The only instruments subject to the Legislation Act are the operating requirements and participation rules (which are disallowable instruments) - but only because the ACT Act modifies section 25 to say so. Any other instrument under the National Law falls outside the ACT’s normal safeguards.

Gotcha 3: The emergency rule in section 25(2)-(3). The Registrar may, if satisfied that an emergency situation exists, commence an operating requirement or participation rule with less than 20 business days’ notice, or even retrospectively? The provision says the rule may commence “on a stated day before the end of the 20 business days”. This could be the next day after notification. The emergency definition is broad: any circumstance that jeopardises the operation, security, integrity, or stability of an ELN, the titles register, or the land titles system. The Registrar’s satisfaction is subjective. A subscriber could be caught by a new rule that takes effect before they have had time to read it. The rule must state that it is made because of an emergency, but there is no requirement for the Registrar to publish reasons beyond that statement. Challenging the validity of such a rule would require showing that the Registrar acted without reasonable grounds, which is a high bar.

Gotcha 4: The transitional exemption for rules notified before 1 June 2021. Schedule 1, item [1.1], subsection (5) exempts operating requirements and participation rules notified before the commencement of the Schedule (1 June 2020) but after the Act was notified (13 May 2020). Subsection (6) extends this exemption until 1 June 2021. This means that any rule notified between 13 May 2020 and 1 June 2021 does not need the 20‑business‑day notice period. It can commence upon notification, or on a later date set by the Registrar. This was intended to allow quick implementation of initial rules, but it also means that early rules might have been made without the normal transparency. Practitioners relying on the Act for the first time in 2021 may not be aware that certain early rules were made without adequate notice.

Gotcha 5: The definition of “registry instrument” is bounded by the defined land titles legislation. Section 8 defines “land titles legislation” as a closed list: the Community Title Act 2001, Land Titles Act 1925, Land Titles (Unit Titles) Act 1970, Unit Titles Act 2001, and any other territory law prescribed by regulation. If a dealing is not required or permitted to be lodged under those Acts, it cannot be lodged electronically under this system. For example, certain rights of way or easements created by separate statute might not be registry instruments. This could cause confusion if a practitioner assumes all land dealings can be lodged electronically.

Gotcha 6: The Registrar’s information‑sharing power is broad and without notice to the subject. New section 35(4) allows the Registrar to give any reasonably relevant information to an appropriate authority when referring a matter. The subject of the referral is not entitled to notice or an opportunity to be heard before the information is disclosed. This could affect a person’s privacy and fair‑hearing rights, especially if the information is later used against them in disciplinary proceedings.

Gotcha 7: The responsible tribunal is the Supreme Court. All judicial proceedings under the Act must be brought in the Supreme Court, not the Magistrates Court or the ACT Civil and Administrative Tribunal. This imposes higher costs and procedural requirements. Disputes over small amounts may be uneconomical to litigate.

Gotcha 8: The Act does not contain a transitional provision for ongoing transactions that began before commencement. The ACT Act commenced on 1 June 2020. There is no saving provision for transactions that were in progress using paper lodgment. Presumably the National Law applies to lodgments made after that date, but uncertainty could arise for partially completed transactions.

Compliance with the Electronic Conveyancing National Law (ACT) Act 2020 requires attention to the adopted National Law, the modifications in Schedule 1, and the ACT‑specific definitions. The following steps outline a practical compliance path for subscribers, ELN operators, and the Registrar.

For subscribers (conveyancers, solicitors, financial institutions):

1. Become a subscriber. Apply to an ELN operator (currently PEXA) for access. The operator will require identity verification, background checks, and training. You must enter a subscriber agreement that binds you to the participation rules.
2. Understand the current version of the National Law. Because the ACT adopts the NSW law as in force from time to time, you must monitor the NSW legislation register for amendments to the Electronic Conveyancing (Adoption of National Law) Act 2012 (NSW). Check the ACT Minister’s notifiable instruments for any declarations that delay commencement of an amendment. The 90‑day default commencement date is a deadline.
3. Comply with operating requirements and participation rules. These are published by the Registrar as disallowable instruments on the ACT legislation register. They must be notified at least 20 business days before commencement (unless an emergency is declared). You should subscribe to notifications of new instruments on the ACT register. Keep an updated library.
4. Verify identity and authority. Before lodging an electronic document through the ELN, you must verify the identity of the parties to the transaction (e.g., vendor, purchaser, mortgagor) and their authority to sign. The National Law prescribes minimum verification standards. You must keep records of this verification.
5. Use electronic signatures properly. The system requires a specific method of electronic signing, often using the ELN platform’s signature tool. You must ensure that all signatories use the prescribed method and that the signature is witnessed if required by the land titles legislation.
6. Lodge documents correctly. Prepare the registry instrument (e.g., transfer, mortgage) in the electronic form required by the ELN. The instrument must comply with the form and content requirements of the relevant land titles Act. The ELN operator will validate the lodgment.
7. Maintain information security. The National Law may impose obligations to protect client data and prevent unauthorised access to the ELN. You must implement appropriate cybersecurity measures.
8. Respond to Registrar inquiries. The Registrar has power to request information or documents in relation to a dealing. Failure to respond may result in suspension of access.
9. Monitor for referrals. If the Registrar refers a matter to an appropriate authority (e.g., the police), you may be notified and should seek legal advice.

For ELN operators:

1. Obtain appointment. The Registrar must appoint an operator. The operator must satisfy the Registrar of its technical capacity, security, and financial viability.
2. Operate the ELN in compliance with operating requirements. The operator must maintain system integrity, availability, and security. It must notify the Registrar of any breach or potential breach.
3. **Publish participation rules. The operator must propose rules for subscribers, which the Registrar approves and publishes as disallowable instruments.
4. Cooperate with the Registrar. Provide information as required. The Registrar may inspect the system.

For the Registrar:

1. Make operating requirements and participation rules as disallowable instruments, giving 20 business days’ notice. Use the emergency power sparingly and ensure the instrument states that an emergency exists.
2. **Publish rules promptly on the ACT legislation register.
3. Monitor NSW amendments. Consider whether to exercise the power under s 6(2)(b) to delay an amendment. Issue a notifiable instrument if you decide to set a different commencement day.
4. **Refer matters to appropriate authorities where warranted, and provide relevant information under s 35(4).
5. **Keep the land titles register consistent with electronic lodgments. The system must interface smoothly.

General compliance tips:

• Do not assume the law is static. Subscribe to legislative alerts from both ACT and NSW.
• Retain records of all electronic transactions, including verification documents, for the period required by the National Law or the land titles legislation (typically at least 7 years).
• Ensure all staff using the ELN are trained and accredited by the operator.
• If a transaction goes wrong, contact the Registrar immediately. The Registrar has power to direct the ELN operator to rectify or cancel a lodgment.

Compliance is not optional; the penalties for false statements or system misuse can include loss of access, fines, and professional discipline. The Act’s complexity makes regular legal updates essential.