Electronic Conveyancing National Law Professor Cameron Stewart

Section 5 Object of this Law (1) The object of this Law is to promote efficiency throughout Australia in property conveyancing by providing a common legal framework that: (a) enables documents in electronic form to be lodged and processed under the land titles legislation of each participating jurisdiction, but (b) does not derogate from the fundamental principles of the Torrens system of land title as incorporated in the land titles legislation of each participating jurisdiction, such as indefeasibility of title.

Lodgement Sec 7 – documents may be lodged electronically Sec 8 – RG must deal with electronically registered documents Sec 9 – electronic documents have the same status as other registered documents and satisfy the requirements of formality

Electronic Lodgement Networks Sec 14 the Registrar can create a ELN A person can be licensed as a Network Operator (ELNO) Model rules will be created by the Australian Registrars’ National Electronic Conveyancing Council (ARNECC) that will tell the ELNOs how to operate

Client authorisations Sec 10 – a client can authorise a Network Operator (ELNO) to lodge documents on their behalf electronically Sec 11 – this is not a power of attorney

Digital signatures Sec 12 – a digital signature is taken to be the subscriber’s signature You can repudiate a signature on the condition that: (a) the digital signature was not created by the subscriber, and (b) that the digital signature was not created by a person who, at the time the subscriber’s digital signature was created for the registry instrument or other document (i) was an employee, agent, contractor or officer (however described) of the subscriber, and (ii) had the subscriber’s express or implied authority to create the subscriber’s digital signature for any document or documents,

Digital signatures (c) that neither of the following enabled the subscriber’s digital signature to be created for the registry instrument or other document: (i) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to fully comply with the requirements of the participation rules, (ii) a failure by the subscriber, or any of the subscriber’s employees, agents, contractors or officers, to take reasonable care.