Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Electronic Conveyancing National Law
(ACT) Act 2020
A2020-15
Republication No 1
Effective: 1 June 2020
Republication date: 1 June 2020
Act not amended
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Electronic Conveyancing National Law (ACT) Act 2020 (including
any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force
on 1 June 2020. It also includes any commencement, repeal or expiry affecting this republished
law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Electronic Conveyancing National Law
(ACT) Act 2020
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Terms used in Electronic Conveyancing National Law (ACT) 2
5 Notes 2
Part 2 Application of Electronic Conveyancing
National Law
6 Application of Electronic Conveyancing National Law 3
7 Exclusion of Legislation Act 3
8 Meaning of certain terms in Electronic Conveyancing National Law
(ACT) 4
9 Regulation-making power 4
Contents
Page
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Schedule 1 Modifications—Electronic Conveyancing
National Law 5
Dictionary 7
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 9
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Australian Capital Territory
Electronic Conveyancing National Law
(ACT) Act 2020
An Act to apply a national law relating to electronic conveyancing, and for other
purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Electronic Conveyancing National Law (ACT)
Act 2020.
3 Dictionary
(1) The dictionary at the end of this Act is part of this Act.
(2) A definition in the dictionary applies to the local application
provisions of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Terms used in Electronic Conveyancing National Law
(ACT)
Terms used in the local application provisions of this Act and also in
the Electronic Conveyancing National Law (ACT) have the same
meanings in those provisions as they have in the Electronic
Conveyancing National Law (ACT).
Note A definition in an Act applies except so far as the contrary intention
appears (see Legislation Act, s 155).
5 Notes
A note included in the local application provisions of this Act is
explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Application of Electronic Conveyancing National Law Part 2
Section 6
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Part 2 Application of Electronic
Conveyancing National Law
6 Application of Electronic Conveyancing National Law
(1) Subject to subsection (2), the Electronic Conveyancing National Law,
as in force from time to time, set out in the appendix to the Electronic
Conveyancing (Adoption of National Law) Act 2012 (NSW)—
(a) applies as a territory law, as modified by schedule 1; and
(b) as so applying may be referred to as the Electronic
Conveyancing National Law (ACT); and
(c) so applies as if it were part of this Act.
(2) A law that amends the Electronic Conveyancing National Law set out
in the appendix to the Electronic Conveyancing (Adoption of National
Law) Act 2012 (NSW), and is passed by the New South Wales
Parliament after this Act’s notification day, commences on—
(a) the 90th day after the day the law commences in NSW (the
default commencement day); or
(b) if a different day is declared by the Minister before the default
commencement day—that day.
(3) A declaration under subsection (2) (b) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
7 Exclusion of Legislation Act
(1) The Legislation Act does not apply to the Electronic Conveyancing
National Law (ACT) other than section 25, as modified by schedule 1.
(2) Subsection (1) does not limit the application of the Legislation Act to
the local application provisions of this Act.
Part 2 Application of Electronic Conveyancing National Law
Section 8
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8 Meaning of certain terms in Electronic Conveyancing
National Law (ACT)
In the Electronic Conveyancing National Law (ACT):
land titles legislation means the following:
(a) the Community Title Act 2001;
(b) the Land Titles Act 1925;
(c) the Land Titles (Unit Titles) Act 1970;
(d) the Unit Titles Act 2001;
(e) any other territory law prescribed by regulation.
Registrar means the registrar-general.
registry instrument means any instrument that is required or
permitted by a law in force in the Territory to be lodged with the
registrar-general under the land titles legislation.
responsible tribunal means the Supreme Court.
this jurisdiction means the Australian Capital Territory.
titles register means the register kept under the Land Titles Act 1925,
section 43.
9 Regulation-making power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
Modifications—Electronic Conveyancing National Law Schedule 1
Amendment [1.1]
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Schedule 1 Modifications—Electronic
Conveyancing National Law
(see s 6 (a))
[1.1] Section 25
substitute
25 Publication of operating requirements and participation
rules
(1) An operating requirement or a participation rule—
(a) is a disallowable instrument; and
(b) must be notified at least 20 business days before the requirement
or rule commences.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
(2) However, if the Registrar is satisfied that an operating requirement or
a participation rule must be made urgently because an emergency
situation exists, the requirement or rule—
(a) may state that because of an emergency situation the
requirement or rule commences on a stated day before the end
of the 20 business days; and
(b) commences on the stated day.
(3) For subsection (2), an emergency situation exists if the Registrar
considers that because of the occurrence of an event or the existence
of particular circumstances, the operation, security, integrity or
stability of an ELN or the titles register or land titles system is being,
or is likely to be, jeopardised.
Schedule 1 Modifications—Electronic Conveyancing National Law
Amendment [1.2]
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(4) If an operating requirement or a participation rule is notified less than
20 business days before its proposed commencement and
subsection (2) does not apply—
(a) the requirement or rule is valid; but
(b) it commences on the 20th business day after its notification day.
(5) Subsection (1) (b) and (4) do not apply to an operating requirement
or participation rule notified before the day this schedule commences.
Note An operating requirement or participation rule may be notified after this
Act is notified and before it commences (see Legislation Act, s 81).
(6) Subsection (5) and this subsection expire on 1 June 2021.
[1.2] New section 35 (4)
insert
(4) If the Registrar refers a matter to an appropriate authority, the
Registrar may give the appropriate authority any information held by
the Registrar that is reasonably relevant to the matter.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• disallowable instrument (see s 9)
• notification
• registrar-general
• Supreme Court
• territory law.
Electronic Conveyancing National Law (ACT) means the provisions
applying because of section 6.
local application provisions of this Act means the provisions of this
Act other than the Electronic Conveyancing National Law (ACT).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired