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
Section retrieval-0002 - Electronic Conveyancing National Law Application Bill 2026 - Document excerpt 2 | Zoe