New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 12E

12E Conveyancing rules

(1) Making of conveyancing rules The Registrar-General may from time to time determine, in writing, rules for or with respect to the preparation and lodgment of documents to give effect to conveyancing transactions (the
"conveyancing rules" ), including rules for or with respect to the following--

(a) the verification of identity and authority, including--

(i) the standards to which identity and authority are to be verified, and

(ii) the classes of persons in respect of whom identity and authority are to be verified, and

(iii) the classes of documents in relation to which verification of identity and authority requirements apply, and

(iv) the classes of persons who can undertake verification of identity and authority, and

(v) any supporting evidence and retention requirements,

(b) client authorisations, including--

(i) the form of a client authorisation, and

(ii) the classes of documents to which a client authorisation applies, and

(iii) any supporting evidence and retention requirements,

(c) matters to be certified, or relating to the certification of matters, for the purposes of documents, including--

(i) the form of certifications, and

(ii) the classes of persons who may certify those matters, and

(iii) any supporting evidence and retention requirements,

(d) the retention of documents supporting or authenticating documents generally, including periods of retention,

(e) the classes of conveyancing transactions that must be lodged electronically,

(f) the obligations of persons lodging documents (including warranties and representations),

(g) the execution and attestation of documents that give effect to conveyancing transactions (including providing for certification, authentication or other alternatives to execution or attestation to prove or establish such transactions),

(g1) the way that consent may be given to the registration of caveats, dealings and documents,

(h) any other matter that by this Act or the regulations is required or permitted to be dealt with by the conveyancing rules.

(2) Publication of conveyancing rules The Registrar-General must ensure that the following are publicly available--

(a) the current conveyancing rules,

(b) all superseded versions of the conveyancing rules.

(3) The conveyancing rules, and any changes to them, must be made publicly available at least 20 business days before the conveyancing rules or, as the case requires, the changes take effect.

(4) However, changes to the conveyancing rules may take effect within a shorter period (including immediately on being made publicly available), if the Registrar-General is satisfied that the changes need to take effect urgently because an emergency situation exists.

(5) For the purposes of subsection (4), an emergency situation exists if the Registrar-General considers that, because of the occurrence of an event or the existence of particular circumstances, the operation, security, integrity or stability of an Electronic Lodgment Network or the Register or the land titles system is being, or is likely to be, jeopardised.

(6) Documents may be made publicly available in accordance with this section in any manner the Registrar-General considers appropriate, including (without limitation) by means of a website.

(7) It is sufficient compliance with subsection (2) (b) if a superseded version of the conveyancing rules (other than the most recently superseded version) is publicly available only on request made to the Registrar-General.

(8) Compliance with conveyancing rules A person lodging a document giving effect to a conveyancing transaction must comply with the conveyancing rules.

(9) The Registrar-General--

(a) may refuse to accept or register, or may reject, a conveyancing transaction that does not comply with the requirements of the conveyancing rules relating to the transaction, and

(b) if the Registrar-General is satisfied that a person has contravened the conveyancing rules--may do either or both of the following--

(i) suspend any right or other entitlement of the person to lodge documents giving effect to conveyancing transactions, for a period not exceeding 21 days, for a particular contravention,

(ii) impose such conditions on any right or other entitlement of the person to lodge documents giving effect to conveyancing transactions as the Registrar-General considers appropriate so as to prevent further contraventions.

(10) The Registrar-General may waive compliance with all or any provisions of the conveyancing rules if the Registrar-General is satisfied that granting the waiver is reasonable in all the circumstances.

(11) A waiver under subsection (10) may--

(a) be total or partial, and

(b) apply generally to all persons or conveyancing transactions, or be limited in its application to particular persons or conveyancing transactions or particular classes of persons or conveyancing transactions, and

(c) apply generally or be limited in its application by reference to specified exceptions or factors, and

(d) apply indefinitely or for a specified period, and

(e) be unconditional or subject to conditions or restrictions.

(12) Effect on other legislative provisions Nothing in this section limits any other power conferred on the Registrar-General by another provision of this Part or any other Act.