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
Short title2
This is the Electronic Conveyancing National Law Application3
Act 2026.4
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
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