Electronic Conveyancing National Law Application Bill 2026

63—1 page i Western Australia Electronic Conveyancing National Law Application Bill 2026 Contents Part 1 — Preliminary

1. Short title 2
2. Commencement 2
3. Terms used 2
4. Act binds Crown 3 Part 2 — Electronic Conveyancing National Law Division 1 — Application of Electronic Conveyancing National Law
5. Application of National Law as law of State 4
6. Commencement of National Law as law of State 4
7. Tabling amending Acts 4
8. Disallowance of amending Acts 5
9. Commencement of provisions of amending Acts 6
10. Amending Acts enacted after 11 March 2026 but before commencement day 6
11. Tabling of amending Act taken to be publication for Standing Orders 6 Division 2 — Matters specified for Electronic Conveyancing National Law (WA)
12. Meaning of generic terms in Electronic Conveyancing National Law (WA) for purposes of this jurisdiction 7 Division 3 — Relationship with other laws
13. Interaction between Electronic Conveyancing National Law (WA) and this Act 9

Electronic Conveyancing National Law Application Bill 2026 Contents page ii 14. Exclusion of Interpretation Act 1984 9 Part 3 — Modification of National Law 15. Modification of National Law 10 16. Section 3 modified 10 17. Section 5 modified 10 18. Section 8 modified 10 19. Section 12 modified 11 20. Section 14 modified 11 21. Section 15 modified 11 22. Section 16 modified 11 23. Section 18A modified 12 24. Section 19 modified 12 25. Section 20 modified 12 26. Section 21 modified 12 27. Section 22 modified 13 28. Section 25 modified 13 29. Section 26 modified 13 30. Section 27 modified 14 31. Section 28 modified 14 32. Section 29 modified 15 33. Section 30 modified 15 34. Section 33 modified 16 35. Section 34 modified 16 36. Section 37 modified 17 37. Part 4 Division 2 heading modified 17 38. Section 38 modified 17 39. Section 40 modified 17 40. Section 43 modified 18 Part 4 — Other matters 41. Responsible tribunal to consider Government policy relating to ELNOs 19 42. Notification, tabling and disallowance of operating requirements and participation rules 19 43. Proof of operating requirements and participation rules 20 44. Giving false or misleading information, answer or document an offence 21

Electronic Conveyancing National Law Application Bill 2026 Contents page iii 45. Local regulations 22 Part 5 — Repeal and transitional provisions Division 1 — Repeal 46. Written law repealed 23 Division 2 — Transitional provisions 47. Terms used 23 48. Application of Interpretation Act 1984 23 49. References to new Law and this Act 24 50. Existing right of appeal 24 51. Undecided appeal 25 52. Transitional regulations 25 Part 6 — Consequential amendments Division 1 — Duties Act 2008 amended 53. Act amended 27 54. Section 3 amended 27 55. Section 22A deleted 27 56. Section 107 amended 27 57. Section 273A amended 28 Division 2 — Settlement Agents Act 1981 amended 58. Act amended 28 59. Section 46 amended 28 60. Schedule 2 amended 29 Division 3 — Taxation Administration Act 2003 amended 61. Act amended 30 62. Section 114 amended 30 Division 4 — Transfer of Land Act 1893 amended 63. Act amended 30 64. Section 3 amended 30 65. Section 4 amended 31 66. Section 52 amended 31 67. Section 105 amended 31 68. Section 105AA amended 31

Electronic Conveyancing National Law Application Bill 2026 Contents page iv 69. Section 127A amended 32 70. Section 181 amended 32 71. Section 182A amended 32 72. Section 192A amended 33 73. Section 192B amended 33 74. Section 192C amended 33 75. Section 192D amended 34 76. Section 193 amended 34 77. Section 198 amended 34 78. Section 238A amended 34 79. Section 238B amended 34 80. Section 239 amended 35 81. Part XV deleted 35 Defined terms

page 1 Western Australia LEGISLATIVE COUNCIL Electronic Conveyancing National Law Application Bill 2026 A Bill for An Act — • to apply the Electronic Conveyancing National Law (with modifications) as a law of the State; and • to repeal the Electronic Conveyancing Act 2014; and • to make savings and transitional arrangements; and • to make consequential amendments to other Acts; and • for related purposes. The Parliament of Western Australia enacts as follows:

Electronic Conveyancing National Law Application Bill 2026 Part 1 Preliminary s. 1 page 2 Part 1 — Preliminary1

1. Short title2 This is the Electronic Conveyancing National Law Application3 Act 2026.4
2. Commencement5 This Act comes into operation as follows —6 (a) Part 1 (but only sections 1 and 2) — on the day on7 which this Act receives the Royal Assent;8 (b) the rest of the Act — on a day fixed by proclamation,9 and different days may be fixed for different provisions.10
3. Terms used11 (1) In this Act —12 amending Act means a New South Wales Act that receives the13 Royal Assent after 11 March 2026 and amends the National14 Law;15 Authority means the Western Australian Land Information16 Authority established by the Land Information Authority17 Act 2006 section 5(1);18 commencement day means the day on which section 5 comes19 into operation;20 Commissioner means the person designated to be the21 Commissioner of Titles under the Transfer of Land Act 189322 section 5(1);23 Electronic Conveyancing National Law (WA) means the24 provisions applying in this State because of section 5;25 local regulations means regulations made under section 45;26 National Law means the Electronic Conveyancing National27 Law set out in the Appendix to the Electronic Conveyancing28 (Adoption of National Law) Act 2012 (NSW).29

Electronic Conveyancing National Law Application Bill 2026 Preliminary Part 1 s. 4 page 3 (2) If a term used in this Act is given a meaning in the Electronic1 Conveyancing National Law (WA), it has the same meaning in2 this Act.3 4. Act binds Crown4 This Act binds the Crown in right of Western Australia and, so5 far as the legislative power of the Parliament permits, the Crown6 in all its other capacities.7

Electronic Conveyancing National Law Application Bill 2026 Part 2 Electronic Conveyancing National Law Division 1 Application of Electronic Conveyancing National Law s. 5 page 4 Part 2 — Electronic Conveyancing National Law1 Division 1 — Application of Electronic Conveyancing National2 Law3 5. Application of National Law as law of State4 (1) In this section —5 Electronic Conveyancing National Law means the National6 Law as in force on 11 March 2026 —7 (a) as amended by each provision that —8 (i) is in an amending Act that has effect for the9 purposes of this Part under section 8(2); and10 (ii) has come into operation for the purposes of this11 Part under section 9;12 and13 (b) as modified by Part 3.14 (2) The Electronic Conveyancing National Law —15 (a) applies as a law of the State; and16 (b) as so applying, may be referred to as the Electronic17 Conveyancing National Law (WA); and18 (c) so applies as if it were an Act.19 6. Commencement of National Law as law of State20 For the purposes of the Electronic Conveyancing National21 Law (WA) section 2, the Law, as it applies in the State because22 of section 5, comes into operation on commencement day.23 7. Tabling amending Acts24 An amending Act must be laid before each House of Parliament25 within 18 sitting days of the House after the day on which the26 Act receives the Royal Assent.27

Electronic Conveyancing National Law Application Bill 2026 Electronic Conveyancing National Law Part 2 Application of Electronic Conveyancing National Law Division 1 s. 8 page 5 8. Disallowance of amending Acts1 (1) In this section —2 disallowance period, in relation to a disallowance resolution of3 which notice is given in a House of Parliament, means the4 period of 30 sitting days of the House after the day on which the5 notice is given;6 disallowance resolution means a resolution that an amending7 Act be disallowed;8 notice period, in relation to an amending Act laid before a9 House of Parliament under section 7, means the period of10 14 sitting days of the House after the day on which the11 amending Act is laid before it.12 (2) An amending Act has effect for the purposes of this Part if the13 amending Act is laid before each House of Parliament under14 section 7 and either —15 (a) no notice of a disallowance resolution is given in either16 House within the notice period; or17 (b) at least 1 notice of a disallowance resolution is given in18 a House within the notice period and, for each such19 notice, 1 of the following applies —20 (i) the notice is withdrawn or discharged within the21 disallowance period;22 (ii) the disallowance resolution is lost in the House23 or not agreed to within the disallowance period.24 (3) For the purposes of this section and section 7 —25 (a) the period specified in section 7, a notice period or a26 disallowance period continues to run even though a27 House of Parliament is prorogued or dissolved or28 expires; and29

Electronic Conveyancing National Law Application Bill 2026 Part 2 Electronic Conveyancing National Law Division 1 Application of Electronic Conveyancing National Law s. 9 page 6 (b) notice of a disallowance resolution given in a House of1 Parliament, or a motion that an amending Act be2 disallowed in the House, does not lapse even though the3 House is prorogued or dissolved or expires.4 9. Commencement of provisions of amending Acts5 (1) If an amending Act has effect for the purposes of this Part under6 section 8(2), the Governor must declare that fact by7 proclamation as soon as practicable.8 (2) If a provision of the amending Act has come into operation in9 New South Wales before the proclamation is published —10 (a) the proclamation must fix a day on which the provision11 comes into operation for the purposes of this Part, which12 must be after the day on which the proclamation is13 published; and14 (b) the provision comes into operation for the purposes of15 this Part on that day.16 (3) If a provision of the amending Act has not come into operation17 in New South Wales before the proclamation is published, the18 provision comes into operation for the purposes of this Part19 when the provision comes into operation in New South Wales.20 10. Amending Acts enacted after 11 March 2026 but before21 commencement day22 If an amending Act receives the Royal Assent after23 11 March 2026, but before commencement day, sections 7 to 924 apply to that Act as if it received the Royal Assent on25 commencement day.26 11. Tabling of amending Act taken to be publication for27 Standing Orders28 (1) In this section —29 parliamentary committee means a committee established by30 either or both of the Houses of Parliament.31

Electronic Conveyancing National Law Application Bill 2026 Electronic Conveyancing National Law Part 2 Matters specified for Electronic Conveyancing National Law (WA) Division 2 s. 12 page 7 (2) If a Standing Order of a House of Parliament provides that on1 the publication of an instrument under a written law the2 instrument is referred to a parliamentary committee for3 consideration, the laying of an amending Act before the House4 under section 7 is taken to be publication of that Act for the5 purposes of the Standing Order.6 (3) This section does not apply if the Standing Orders of the House7 provide specifically for an amending Act to be considered by a8 parliamentary committee.9 Division 2 — Matters specified for Electronic Conveyancing10 National Law (WA)11 12. Meaning of generic terms in Electronic Conveyancing12 National Law (WA) for purposes of this jurisdiction13 In the Electronic Conveyancing National Law (WA) —14 land titles legislation —15 (a) means the following Acts —16 (i) the Community Titles Act 2018;17 (ii) the Licensed Surveyors Act 1909;18 (iii) the Strata Titles Act 1985;19 (iv) the Transfer of Land Act 1893;20 and21 (b) includes any subsidiary legislation made under any of22 those Acts; and23 (c) also includes any other written law that authorises,24 permits or requires something —25 (i) to be lodged for registration, noting or recording26 in the titles register; or27 (ii) to be registered, noted or recorded in the titles28 register;29 and30

Electronic Conveyancing National Law Application Bill 2026 Part 2 Electronic Conveyancing National Law Division 2 Matters specified for Electronic Conveyancing National Law (WA) s. 12 page 8 (d) also includes any Commonwealth Act that authorises,1 permits or requires something —2 (i) to be lodged for registration, noting or recording3 in the titles register; or4 (ii) to be registered, noted or recorded in the titles5 register;6 and7 (e) also includes any legislative instrument (within the8 meaning of the Legislation Act 2003 (Cth)) made under9 any Commonwealth Act to which paragraph (d) applies;10 Registrar means the person designated as the Registrar of Titles11 under the Transfer of Land Act 1893 section 7(1);12 registry instrument means —13 (a) any document that may be lodged under the land titles14 legislation for the purpose of —15 (i) creating, transferring, disposing of, mortgaging,16 charging, leasing or dealing with in any other17 way an estate or interest in land; or18 (ii) getting something registered, noted or recorded19 in the titles register; or20 (iii) getting the registration, note or record of21 something in the titles register changed,22 withdrawn or removed;23 or24 (b) a document that belongs to a class of document that —25 (i) may be lodged under the land titles legislation;26 and27 (ii) is prescribed by local regulations for the28 purposes of this definition;29 responsible tribunal means the State Administrative Tribunal30 established by the State Administrative Tribunal Act 200431 section 7;32

Electronic Conveyancing National Law Application Bill 2026 Electronic Conveyancing National Law Part 2 Relationship with other laws Division 3 s. 13 page 9 titles register means —1 (a) the Register referred to in the Transfer of Land Act 18932 section 48; or3 (b) any register, database or system that —4 (i) under another Act is a titles register for the5 purposes of this definition; or6 (ii) is prescribed by local regulations, or regulations7 made under another Act, for the purposes of this8 definition.9 Division 3 — Relationship with other laws10 13. Interaction between Electronic Conveyancing National11 Law (WA) and this Act12 A provision of this Act prevails over a provision of the13 Electronic Conveyancing National Law (WA) to the extent of14 any inconsistency.15 14. Exclusion of Interpretation Act 198416 The Interpretation Act 1984 does not apply to the Electronic17 Conveyancing National Law (WA) or to any instrument made18 under that Law (except as provided by section 42(6) of this19 Act).20 Note for this section:21 See the Electronic Conveyancing National Law (WA) section 4.22

Electronic Conveyancing National Law Application Bill 2026 Part 3 Modification of National Law s. 15 page 10 Part 3 — Modification of National Law1 15. Modification of National Law2 For the purposes of the definition of Electronic Conveyancing3 National Law in section 5(1), the National Law applies as if4 amended as set out in this Part.5 16. Section 3 modified6 In section 3(1) in the definition of participation agreement7 paragraph (b) delete “Registrar” (each occurrence) and insert:8 9 Authority10 11 17. Section 5 modified12 In section 5(2) delete “Registrar in each participating13 jurisdiction” and insert:14 15 Authority16 17 18. Section 8 modified18 In section 8(1) delete “Registrar” and insert:19 20 Authority, the Commissioner or the Registrar, as the case21 requires,22 23 Note: The heading to modified section 8 is to read:24 Authority, Commissioner or Registrar to process documents25 lodged electronically26

Electronic Conveyancing National Law Application Bill 2026 Modification of National Law Part 3 s. 19 page 11 19. Section 12 modified1 In section 12(1)(c)(iv) before “the Registrar,” insert:2 3 the Authority, the Commissioner and4 5 20. Section 14 modified6 In section 14 delete “Registrar” and insert:7 8 Authority9 10 Note: The heading to modified section 14 is to read:11 Authority may provide and operate ELN12 21. Section 15 modified13 In section 15(1), (2) and (4) delete “Registrar” and insert:14 15 Authority16 17 Note: The heading to modified section 15 is to read:18 Authority may approve ELNO to provide and operate ELN19 22. Section 16 modified20 In section 16(1) and (2) delete “Registrar” and insert:21 22 Authority23 24

Electronic Conveyancing National Law Application Bill 2026 Part 3 Modification of National Law s. 23 page 12 23. Section 18A modified1 In section 18A(2):2 (a) before “Registrar” (1st occurrence) insert:3 4 Authority or the5 6 (b) delete “the Registrar is”.7 24. Section 19 modified8 In section 19(1) and (3) delete “Registrar” (each occurrence)9 and insert:10 11 Authority12 13 25. Section 20 modified14 In section 20 delete “Registrar” and insert:15 16 Authority17 18 26. Section 21 modified19 In section 21(1) delete “Registrar may” and insert:20 21 Authority, the Commissioner and the Registrar may, but are22 not obliged to,23 24

Electronic Conveyancing National Law Application Bill 2026 Modification of National Law Part 3 s. 27 page 13 27. Section 22 modified1 In section 22(2):2 (a) in paragraph (e) delete “Registrar” and insert:3 4 Authority5 6 (b) in paragraph (f) before “the Registrar,” insert:7 8 the Authority or9 10 28. Section 25 modified11 In section 25(4) before “Registrar” insert:12 13 Authority, the Commissioner or the14 15 29. Section 26 modified16 (1) In section 26(2):17 (a) delete “rules, the Registrar may —” and insert:18 19 rules —20 21 (b) in paragraph (a) delete “Registrar operates the ELN,”22 and insert:23 24 Authority operates the ELN, the Authority may25 26

Electronic Conveyancing National Law Application Bill 2026 Part 3 Modification of National Law s. 30 page 14 (c) in paragraph (b) before “direct” insert:1 2 the Authority or the Registrar may3 4 (2) In section 26(3) before “the Registrar” insert:5 6 the Authority,7 8 30. Section 27 modified9 (1) In section 27(1) delete “operating requirements or”.10 (2) After section 27(1) insert:11 12 (1A) The Authority or the Registrar may waive compliance13 with all or any provisions of the operating requirements14 if satisfied that granting the waiver is reasonable in all15 the circumstances.16 17 31. Section 28 modified18 (1) In section 28(1):19 (a) delete “Registrar” (1st occurrence) and insert:20 21 person who made the decision22 23 (b) in paragraphs (a), (b), (c), (d) and (e) delete “Registrar”24 and insert:25 26 Authority27 28

Electronic Conveyancing National Law Application Bill 2026 Modification of National Law Part 3 s. 32 page 15 (c) in paragraph (f) delete “Registrar” (1st occurrence) and1 insert:2 3 Authority4 5 (d) in paragraph (f) delete “Registrar,” and insert:6 7 Authority,8 9 (e) in paragraph (g) before “Registrar” insert:10 11 Authority or the12 13 (2) In section 28(2) delete “from the Registrar under subsection (1)14 or otherwise”.15 Note: The heading to modified section 28 is to read:16 Appeal against decisions17 32. Section 29 modified18 In section 29(2) delete “Registrar” and insert:19 20 person who made the appellable decision21 22 33. Section 30 modified23 Delete section 30.24

Electronic Conveyancing National Law Application Bill 2026 Part 3 Modification of National Law s. 34 page 16 34. Section 33 modified1 (1) In section 33 delete “The Registrar” and insert:2 3 (1) The Registrar4 5 (2) At the end of section 33 insert:6 7 (2) The Registrar must conduct a compliance examination8 if requested to do so by the Authority or the9 Commissioner.10 11 35. Section 34 modified12 In section 34(3):13 (a) delete “Registrar may” and insert:14 15 Authority and the Registrar may each16 17 (b) delete “the Registrar is” and insert:18 19 they are20 21 (c) delete “the Registrar considers” and insert:22 23 they consider24 25

Electronic Conveyancing National Law Application Bill 2026 Modification of National Law Part 3 s. 36 page 17 36. Section 37 modified1 (1) After section 37(1) insert:2 3 (1A) The Authority and the Commissioner may delegate the4 power conferred by section 21 to monitor activities in5 an ELN to any other person.6 7 (2) Delete section 37(2) and insert:8 9 (2) The Authority, the Commissioner and the Registrar10 may each, in an instrument of delegation, authorise any11 person to whom they have delegated a power or12 function to subdelegate the power or function.13 14 Note: The heading to modified section 37 is to read:15 Delegation16 37. Part 4 Division 2 heading modified17 In the heading to Part 4 Division 2 delete “of Registrar”.18 38. Section 38 modified19 Delete section 38.20 39. Section 40 modified21 In section 40(1) and (2) before “Registrar” insert:22 23 Authority or the24 25 Note: The heading to modified section 40 is to read:26 Authority and Registrar not responsible for additional services27 provided by ELNO or associated financial transactions28

Electronic Conveyancing National Law Application Bill 2026 Part 3 Modification of National Law s. 40 page 18 40. Section 43 modified1 (1) In section 43(1):2 (a) before “Registrar” insert:3 4 Authority, the Commissioner and the5 6 (b) in paragraph (d) delete “the Registrar’s” and insert:7 8 their9 10 (2) In section 43(2) before “Registrar” insert:11 12 Authority, the Commissioner and the13 14 (3) In section 43(3) before “Registrar” insert:15 16 Authority, the Commissioner or the17 18 Note: The heading to modified section 43 is to read:19 Authority, Commissioner and Registrar authorised to disclose20 certain information21

Electronic Conveyancing National Law Application Bill 2026 Other matters Part 4 s. 41 page 19 Part 4 — Other matters1 41. Responsible tribunal to consider Government policy relating2 to ELNOs3 (1) This section applies to an appeal to the responsible tribunal4 against a decision referred to in the Electronic Conveyancing5 National Law (WA) section 28(1)(b).6 (2) The State Administrative Tribunal Act 2004 section 28 (the7 relevant provision) applies to, and in relation to, an appeal to8 which this section applies as if a direction given to the Authority9 under the Land Information Authority Act 2006 section 65 were10 a statement of policy of the kind referred to in the relevant11 provision.12 (3) Subsection (2) does not apply unless, at the time of the decision13 to which the appeal relates, the direction had been —14 (a) either —15 (i) laid before each House of Parliament in16 accordance with the Land Information Authority17 Act 2006 section 65(2); or18 (ii) dealt with under section 91 of that Act;19 and20 (b) published in the Gazette.21 42. Notification, tabling and disallowance of operating22 requirements and participation rules23 (1) In this section —24 business day means a day that is not —25 (a) a Saturday or Sunday; or26 (b) a public holiday in the metropolitan region (as defined27 in the Planning and Development Act 200528 section 4(1)).29

Electronic Conveyancing National Law Application Bill 2026 Part 4 Other matters s. 43 page 20 (2) This section applies to the following documents —1 (a) operating requirements;2 (b) participation rules;3 (c) changes to operating requirements or participation rules.4 (3) If a document to which this section applies is made publicly5 available in accordance with the Electronic Conveyancing6 National Law (WA) section 25, the Registrar must, within7 10 business days after the day on which the document is first8 made publicly available, cause to be published in the Gazette9 notice of —10 (a) the making of the document; and11 (b) where the document is publicly available.12 (4) If notification of the making of a document to which this section13 applies is not published in the Gazette in accordance with14 subsection (3), the document ceases to have effect on the expiry15 of the 10th business day after the day on which the document16 was first made publicly available, but without affecting the17 validity or curing the invalidity of anything done or of the18 omission of anything in the meantime.19 (5) A copy of a document to which this section applies must be laid20 before each House of Parliament within 6 sitting days after21 notification of the making of the document in the Gazette in22 accordance with subsection (3).23 (6) If notification of the making of a document to which this section24 applies is published in the Gazette, the Interpretation Act 198425 section 42 applies as if the document were a regulation26 published in the Gazette.27 43. Proof of operating requirements and participation rules28 (1) In any proceedings in any court or before any person acting29 judicially, a copy of all or part of any operating requirements or30 participation rules certified by the Registrar as a true copy of the31 requirements or rules as at any date or during any period is32

Electronic Conveyancing National Law Application Bill 2026 Other matters Part 4 s. 44 page 21 sufficient evidence of the requirements or rules as at that date or1 during that period in the absence of proof to the contrary.2 (2) The Registrar must make certified copies of the operating3 requirements and participation rules available on request and on4 payment of the prescribed fee (if any).5 44. Giving false or misleading information, answer or document6 an offence7 (1) In this section —8 authorised person means —9 (a) the Authority; or10 (b) the Registrar; or11 (c) the Commissioner; or12 (d) any person to whom a function of the Authority, the13 Registrar or the Commissioner is delegated under the14 Electronic Conveyancing National Law (WA).15 (2) A person must not, under the Electronic Conveyancing National16 Law (WA) or an instrument made under that Law —17 (a) give information or an answer to an authorised person18 that the person knows is false or misleading in a material19 particular; or20 (b) produce a document to an authorised person that the21 person knows is false or misleading in a material22 particular.23 (3) A person who contravenes subsection (2) is guilty of a crime.24 Penalty for this subsection: imprisonment for 10 years and a25 fine of $100 000.26 Summary conviction penalty for this subsection: imprisonment27 for 3 years and a fine of $40 000.28

Electronic Conveyancing National Law Application Bill 2026 Part 4 Other matters s. 45 page 22 (4) It is a defence to a charge of an offence under subsection (2)(b)1 if the accused proves that, when producing the document to an2 authorised person, the accused either —3 (a) indicated the way in which the document was false or4 misleading and, where practicable, provided correct5 information; or6 (b) accompanied the document with a written certificate —7 (i) stating that the document was, to the accused’s8 knowledge, false or misleading in a material9 particular; and10 (ii) setting out, or referring to, the material particular11 in which the document was, to the accused’s12 knowledge, false or misleading.13 45. Local regulations14 (1) The Governor may make regulations prescribing all matters —15 (a) required or permitted by this Act to be prescribed; or16 (b) necessary or convenient to be prescribed for giving17 effect to this Act.18 (2) Without limiting subsection (1), the regulations may, for the19 purposes of the definition of Electronic Conveyancing National20 Law in section 5(1), amend Part 3 to modify the application of21 the National Law in relation to the conferral of a function of the22 Registrar under the National Law on 1 or more of the23 following —24 (a) the Authority;25 (b) the Commissioner;26 (c) the Registrar.27 (3) If a regulation made under this section is inconsistent with any28 subsidiary legislation made under the land titles legislation, the29 regulation made under this section prevails to the extent of the30 inconsistency.31

Electronic Conveyancing National Law Application Bill 2026 Repeal and transitional provisions Part 5 Repeal Division 1 s. 46 page 23 Part 5 — Repeal and transitional provisions1 Division 1 — Repeal2 46. Written law repealed3 The Electronic Conveyancing Act 2014 is repealed.4 Division 2 — Transitional provisions5 47. Terms used6 (1) In this Division —7 new Law means the Electronic Conveyancing National8 Law (WA);9 repealed Act means the Electronic Conveyancing Act 2014.10 (2) In this Division, a provision of the new Law corresponds to a11 provision of the repealed Act, and vice versa, if the 2 provisions12 are substantially the same.13 48. Application of Interpretation Act 198414 (1) The provisions of the Interpretation Act 1984 about the repeal15 of enactments and the substitution of other enactments applies16 as if the provisions of the repealed Act were repealed and17 re-enacted by this Act.18 (2) Despite subsection (1), the Interpretation Act 198419 sections 36(d) (to the extent to which it applies to subsidiary20 legislation) and 38 do not apply in relation to the repealed Act.21 (3) The Interpretation Act 1984 applies to and in relation to the22 repeal of the repealed Act, unless otherwise provided by this23 Division or by regulations made for the purposes of section 52.24

Electronic Conveyancing National Law Application Bill 2026 Part 5 Repeal and transitional provisions Division 2 Transitional provisions s. 49 page 24 49. References to new Law and this Act1 (1) In the new Law —2 (a) a reference to the Law or this Law includes a reference3 to the repealed Act; and4 (b) a reference to something done under the Law includes a5 reference to the thing being done under the6 corresponding provision of the repealed Act.7 (2) In this Act —8 (a) a reference to this Act includes a reference to the9 repealed Act; and10 (b) a reference to something done under this Act includes a11 reference to the thing being done under the12 corresponding provision of the repealed Act.13 (3) This section does not limit, and is not limited by, another14 provision of this Division.15 50. Existing right of appeal16 (1) This section applies if —17 (a) a person had a right under the repealed Act section 28 to18 appeal to the responsible tribunal against a decision of19 the Authority or the Registrar; and20 (b) before commencement day, the person had not appealed21 to the responsible tribunal against the decision.22 (2) The person may start an appeal against the decision and the23 responsible tribunal must hear and decide the appeal under the24 new Law section 28 as if the decision had been made under the25 corresponding provision of the new Law.26

Electronic Conveyancing National Law Application Bill 2026 Repeal and transitional provisions Part 5 Transitional provisions Division 2 s. 51 page 25 51. Undecided appeal1 (1) This section applies if —2 (a) before commencement day, a person appealed to the3 responsible tribunal, under the repealed Act section 28,4 against a decision of the Authority or the Registrar; and5 (b) before commencement day, the appeal has not been6 decided or withdrawn.7 (2) The responsible tribunal hearing the appeal, or any proceeding8 relating to the appeal, must continue to hear, and decide, the9 appeal under the new Law section 28 as if the decision appealed10 against had been made under the corresponding provision of the11 new Law.12 52. Transitional regulations13 (1) In this section —14 publication day, in relation to transitional regulations, means15 the day on which the transitional regulations are published in16 accordance with the Interpretation Act 1984 section 41(1)(a);17 transitional matter —18 (a) means a matter or issue of a transitional nature that19 arises as a result of any of the following —20 (i) the repeal of the repealed Act;21 (ii) the enactment of this Act or an amending Act;22 (iii) the coming into operation of the new Law;23 (iv) the coming into operation of an amending Act24 for the purposes of Part 2;25 and26 (b) includes a matter or issue of a savings or application27 nature;28 transitional regulations means local regulations made for the29 purposes of subsection (2).30

Electronic Conveyancing National Law Application Bill 2026 Part 5 Repeal and transitional provisions Division 2 Transitional provisions s. 52 page 26 (2) If there is no sufficient provision in this Division for dealing1 with a transitional matter, local regulations may prescribe2 anything required, necessary or convenient to be prescribed in3 relation to that matter.4 (3) Without limiting subsection (2), transitional regulations may —5 (a) provide that a specified provision of this Act or the new6 Law does not apply, or applies with specified7 modifications, to or in relation to a transitional matter;8 or9 (b) otherwise facilitate the coming into operation of —10 (i) the new Law; or11 (ii) an amending Act for the purposes of Part 2.12 (4) If transitional regulations provide that a state of affairs is taken13 to have existed, or not to have existed, on and from a day that is14 earlier than publication day, but not earlier than commencement15 day, the regulations have effect according to their terms.16 (5) If transitional regulations contain a provision referred to in17 subsection (4), the provision does not operate to —18 (a) affect, in a manner prejudicial to any person (other than19 the State or an authority of the State), the rights of that20 person existing before publication day; or21 (b) impose liabilities on any person (other than the State or22 an authority of the State) in respect of anything done or23 omitted to be done before publication day.24

Electronic Conveyancing National Law Application Bill 2026 Consequential amendments Part 6 Duties Act 2008 amended Division 1 s. 53 page 27 Part 6 — Consequential amendments1 Division 1 — Duties Act 2008 amended2 53. Act amended3 This Division amends the Duties Act 2008.4 54. Section 3 amended5 In section 3 insert in alphabetical order:6 7 digitally sign has the meaning given in the Electronic8 Conveyancing National Law (WA) section 3(1);9 electronic conveyancing instrument means an10 instrument in electronic form that, on being digitally11 signed, has, under the Electronic Conveyancing12 National Law (WA) section 9(2), the same effect as if a13 paper document having the equivalent effect had been14 executed as provided in section 9(2)(a) or (b) of that15 Law;16 17 55. Section 22A deleted18 Delete section 22A.19 56. Section 107 amended20 (1) In section 107(1) insert in alphabetical order:21 22 participation rules has the meaning given in the23 Electronic Conveyancing National Law (WA)24 section 3(1);25 26

Electronic Conveyancing National Law Application Bill 2026 Part 6 Consequential amendments Division 2 Settlement Agents Act 1981 amended s. 57 page 28 (2) In section 107(3A):1 (a) in paragraph (b) delete “instrument (as defined in2 section 22A); and”; and insert:3 4 instrument; and5 6 (b) in paragraph (d) delete “signed (as defined in the7 Electronic Conveyancing Act 2014 section 3(1))” and8 insert:9 10 signed,11 12 (c) in paragraph (d) delete “(as so defined)”.13 57. Section 273A amended14 Delete section 273A(1).15 Division 2 — Settlement Agents Act 1981 amended16 58. Act amended17 This Division amends the Settlement Agents Act 1981.18 59. Section 46 amended19 (1) In section 46(8):20 (a) delete “Act 2014 — ” and insert:21 22 National Law (WA) —23 24 (b) in paragraph (a) delete “subscriber (as defined in25 section 3(1) of that Act),” and insert:26 27 subscriber,28 29

Electronic Conveyancing National Law Application Bill 2026 Consequential amendments Part 6 Settlement Agents Act 1981 amended Division 2 s. 60 page 29 (c) in paragraph (b) and (c) delete “subscriber (as so1 defined),” and insert:2 3 subscriber,4 5 (d) in paragraph (d) delete “any participation rules6 determined under section 23 of that Act,” and insert:7 8 the participation rules,9 10 (2) After section 46(8) insert:11 12 (8A) If a term used in subsection (8) is given a meaning in13 the Electronic Conveyancing National Law (WA), it14 has the same meaning in subsection (8).15 16 Note: The heading to amended section 46 is to read:17 Functions of real estate settlement agents18 60. Schedule 2 amended19 (1) Delete Schedule 2 clause 1(1A).20 (2) After Schedule 2 clause 1(2A) insert:21 22 (2B) If a term used in subclause (2A) is given a meaning in the23 Electronic Conveyancing National Law (WA), it has the24 same meaning in subclause (2A).25 26

Electronic Conveyancing National Law Application Bill 2026 Part 6 Consequential amendments Division 3 Taxation Administration Act 2003 amended s. 61 page 30 Division 3 — Taxation Administration Act 2003 amended1 61. Act amended2 This Division amends the Taxation Administration Act 2003.3 62. Section 114 amended4 (1) Delete section 114(4A) and insert:5 6 (4A) If a term used in subsection (4B) is given a meaning in7 the Electronic Conveyancing National Law (WA), it8 has the same meaning in subsection (4B).9 10 (2) In section 114(4B) delete “ELN provided and operated under11 the Electronic Conveyancing Act 2014.” and insert:12 13 ELN.14 15 Division 4 — Transfer of Land Act 1893 amended16 63. Act amended17 This Division amends the Transfer of Land Act 1893.18 64. Section 3 amended19 Delete section 3(2A) and insert:20 21 (2A) Despite the Electronic Conveyancing National22 Law (WA) section 41, a provision of that Law prevails23 over a provision of this Act to the extent of any24 inconsistency.25 26 Note: The heading to amended section 3 is to read:27 Application of other laws28

Electronic Conveyancing National Law Application Bill 2026 Consequential amendments Part 6 Transfer of Land Act 1893 amended Division 4 s. 65 page 31 65. Section 4 amended1 In section 4(1) in the definitions of conveyancing transaction,2 digital signature, digitally sign, ELN, ELNO, participation3 rules and subscriber delete “Act 2014” and insert:4 5 National Law (WA)6 7 66. Section 52 amended8 After section 52(2) insert:9 10 (2A) Subsection (2) extends to an instrument presented for11 registration, but not registered, before 3 June 2014.12 13 67. Section 105 amended14 After section 105(3) insert:15 16 (3A) Despite subsection (3), subsection (4) does not apply17 to, or in relation to, any instrument registered before18 3 June 2014.19 20 Note: The heading to amended section 105 is to read:21 Creating mortgages and charges for annuities22 68. Section 105AA amended23 In section 105AA delete “Electronic Conveyancing Act 2014”24 and insert:25 26 Electronic Conveyancing National Law (WA)27 28

Electronic Conveyancing National Law Application Bill 2026 Part 6 Consequential amendments Division 4 Transfer of Land Act 1893 amended s. 69 page 32 69. Section 127A amended1 In section 127A(5) delete “the Electronic Conveyancing2 Act 2014 section 74 comes into operation.” and insert:3 4 3 June 2014.5 6 70. Section 181 amended7 In section 181(1) delete “Electronic Conveyancing Act 2014”8 (each occurrence) and insert:9 10 Electronic Conveyancing National Law (WA)11 12 71. Section 182A amended13 (1) In section 182A(1) delete “Electronic Conveyancing Act 2014”14 (each occurrence) and insert:15 16 Electronic Conveyancing National Law (WA)17 18 (2) After section 182A(1) insert:19 20 (1A) A statement is taken to be a requirement determined21 under this section in the same terms as the original22 statement if the statement —23 (a) was included in any practice manual, customer24 information bulletin or other similar publication25 issued by the Authority before 3 June 2014 (a26 relevant publication); and27 (b) has not been superseded by any other28 statement included in a relevant publication;29 and30

Electronic Conveyancing National Law Application Bill 2026 Consequential amendments Part 6 Transfer of Land Act 1893 amended Division 4 s. 72 page 33 (c) relates to any matter in relation to which a1 requirement may be determined under2 subsection (1); and3 (d) specifies, or has the effect of specifying, a4 requirement in relation to one of those matters.5 6 (3) In section 182A(4) delete “Electronic Conveyancing Act 20147 section 46,” and insert:8 9 Electronic Conveyancing National Law Application Act 202610 section 45 or 52,11 12 72. Section 192A amended13 In section 192A(4) delete “the Electronic Conveyancing14 Act 2014 section 82 comes into operation.” and insert:15 16 3 June 2014.17 18 73. Section 192B amended19 In section 192B(2)(a)(iii) delete “Act 2014 or any” and insert:20 21 National Law (WA) or the22 23 74. Section 192C amended24 In section 192C(1)(a)(iii) delete “Act 2014 or any” and insert:25 26 National Law (WA) or the27 28

Electronic Conveyancing National Law Application Bill 2026 Part 6 Consequential amendments Division 4 Transfer of Land Act 1893 amended s. 75 page 34 75. Section 192D amended1 In section 192D(3)(a)(iii) delete “Act 2014 or any” and insert:2 3 National Law (WA) or the4 5 76. Section 193 amended6 In section 193 delete “Act 2014” and insert:7 8 National Law (WA)9 10 77. Section 198 amended11 In section 198 delete “Act 2014.” and insert:12 13 National Law (WA).14 15 78. Section 238A amended16 In section 238A(2) and (4)(a) delete “Act 2014” and insert:17 18 National Law (WA)19 20 79. Section 238B amended21 In section 238B(1)(a) delete “Act 2014” and insert:22 23 National Law (WA)24 25

Electronic Conveyancing National Law Application Bill 2026 Consequential amendments Part 6 Transfer of Land Act 1893 amended Division 4 s. 80 page 35 80. Section 239 amended1 In section 239(4)(a) delete “Act 2014” and insert:2 3 National Law (WA)4 5 81. Part XV deleted6 Delete Part XV.7

Electronic Conveyancing National Law Application Bill 2026 Defined terms page 36 Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) amending Act ................................................................................................... 3(1) authorised person ........................................................................................... 44(1) Authority .......................................................................................................... 3(1) business day ................................................................................................... 42(1) commencement day ......................................................................................... 3(1) Commissioner .................................................................................................. 3(1) corresponds .................................................................................................... 47(2) disallowance period ......................................................................................... 8(1) disallowance resolution .................................................................................... 8(1) Electronic Conveyancing National Law ......................................... 5(1), 15, 45(2) Electronic Conveyancing National Law (WA) ................................................ 3(1) land titles legislation ........................................................................................... 12 local regulations ............................................................................................... 3(1) National Law.................................................................................................... 3(1) new Law......................................................................................................... 47(1) notice period .................................................................................................... 8(1) parliamentary committee ............................................................................... 11(1) publication day ............................................................................................... 52(1) Registrar .............................................................................................................. 12 registry instrument .............................................................................................. 12 relevant provision .......................................................................................... 41(2) repealed Act ................................................................................................... 47(1) responsible tribunal ............................................................................................. 12 titles register ........................................................................................................ 12 transitional matter .......................................................................................... 52(1) transitional regulations ................................................................................... 52(1)