197BVerification of identity requirements

197B Verification of identity requirements (1) The identity of the following must be verified in accordance with any prescribed requirements (the verification of identity requirements): (a) a party to an instrument; (b) a person executing a document for this Act (other than a legal practitioner or conveyancing agent acting under a client authorisation). (2) The verification of identity requirements prescribed under subsection (1) may adopt or apply requirements determined, in writing, by the Registrar-General, as in force at a particular time or from time to time. (3) If requirements determined by the Registrar-General are adopted or applied by the regulations: (a) the Registrar-General must ensure the following are published on the Agency's website: (i) the current verification of identity requirements; (ii) all superseded versions of the verification of identity requirements; and (b) if the regulations adopt or apply the requirements as in force from time to time, any new version of the requirements will come into force: (i) on the day on which the version is published on the Agency's website; or (ii) on a later day specified by the Registrar-General in the requirements. (4) The verification of identity requirements may: (a) require verification of identity in relation to all, or specified classes of, instruments or documents; and

Land Title Act 2000 101 (b) include a requirement for a person to retain a document or record produced in connection with the verification of another person's identity for a period specified in the requirements. (5) A reference in this Act to the verification of identity requirements, in relation to an instrument or other document, is a reference to the verification of identity requirements in force under this section at the time the identity of a party to the instrument or other document is verified (or purportedly verified). (6) In civil proceedings (other than review proceedings under this Act) if it is alleged that a person failed to comply with a requirement under the verification of identity requirements, that person bears the onus of proving the person's compliance with the requirement. (7) In this section: party to an instrument includes a person executing an instrument on behalf of another (whether under a power of attorney or otherwise) but does not include a legal practitioner or conveyancing agent acting under a client authorisation.