Northern Territory Consolidated Acts Northern Territory Consolidated ActsThe Administrator may make regulations under this Act.
Appendix Electronic Conveyancing National Law
section 3
This Law may be cited as the Electronic Conveyancing National Law (NT) .
This Law commences in a participating jurisdiction as provided by the application law of that jurisdiction.
(1) In this Law:
"another registrar "means a person who is a Registrar as defined in the application law of another participating jurisdiction.
"application law" means a law of a participating jurisdiction that:
(a) applies this Law, either with or without modifications, as a law of the participating jurisdiction; or
(b) is a corresponding law.
"ARNECC" means the Australian Registrars' National Electronic Conveyancing Council established by the Intergovernmental Agreement.
"associated financial transaction" means a transaction of a financial nature that is associated with a conveyancing transaction.
Examples for definition associated financial transaction
1 The payment of the purchase price for the sale and purchase of an interest in land.
2 The advancing of money in return for the granting of a mortgage or charge over an interest in land.
3 The payment of any tax, duty (for example, stamp duty), fee or charge payable in respect of the conveyancing transaction.
client authorisation has the meaning given in section 10.
compliance examination has the meaning given in section 33.
"conveyancing transaction" means a transaction that involves one or more parties and the purpose of which is:
(a) to create, transfer, dispose of, mortgage, charge, lease or deal with in any other way an estate or interest in land; or
(b) to get something registered, noted or recorded in the titles register; or
(c) to get the registration, note or record of something in the titles register changed, withdrawn or removed.
"corresponding law":
(a) means a law of a jurisdiction that corresponds to this Law; and
(b) includes a law of a jurisdiction that is prescribed by regulations made under a law of this jurisdiction as a corresponding law.
"digital signature" means encrypted electronic data intended for the exclusive use of a particular person as a means of identifying that person as the sender of an electronic communication or the signer of a document.
"digitally sign", in relation to an electronic communication or a document, means create a digital signature for the communication or document.
"ELN "means Electronic Lodgment Network – see section 13.
"ELNO "means Electronic Lodgment Network Operator – see section 15.
"Intergovernmental Agreement" means the Intergovernmental Agreement for a National Electronic Conveyancing Law between the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania and the Northern Territory of Australia, that came into operation on 21 November 2011 and as in force from time to time.
"interoperability "means the interworking of ELNs operated by ELNOs in a way that enables:
(a) a subscriber using an ELN (the first subscriber ) to complete a conveyancing transaction that involves a subscriber using another ELN without the first subscriber having to be a subscriber to the other ELN; and
(b) the preparation of a registry instrument or other document in electronic form using data from different ELNs.
"interoperability requirement" means the requirement set out in section 18A(1).
"jurisdiction" means State.
"land titles legislation", for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction.
"law", in relation to a Territory, means a law of, or in force in, that Territory.
"law of this jurisdiction" includes the principles and rules of common law and equity to the extent that they have effect in this jurisdiction from time to time.
"lodge" includes deposit, present and file.
"operating requirements" means the requirements determined under section 22.
"participating jurisdiction" means a jurisdiction that is a party to the Intergovernmental Agreement and in which:
(a) this Law applies as a law of the jurisdiction, either with or without modifications; or
(b) there is a corresponding law.
"participation agreement", in relation to an ELN, means:
(a) if an ELNO provides and operates the ELN an agreement between the ELNO and another person under which the other person is authorised to use that ELN; or
(b) if the Registrar provides and operates the ELN an agreement between the Registrar and another person under which the other person is authorised to use that ELN.
"participation rules" means the rules determined under section 23.
"Registrar", for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction.
"registry instrument", for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction.
"responsible tribunal", for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction.
"State" includes a Territory.
"subscriber" means a person who is authorised under a participation agreement to use an ELN to complete conveyancing transactions on behalf of another person or on their own behalf.
"Territory" means the Australian Capital Territory or the Northern Territory of Australia.
"titles register", for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction.
(2) A term used in this Law or a statutory instrument and also in the land titles legislation has the same meaning in this Law or the statutory instrument as it has in that legislation, unless the term is defined in this Law or the statutory instrument or the context requires otherwise.
The Schedule applies in relation to 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.
(2) In order to achieve this object, this Law, among other things, authorises the Registrar in each participating jurisdiction to operate or authorise the operation of an ELN, and provides for the making of rules relating to the operation of the ELN.
(1) This Law binds the State.
(2) In this section:
"State" means the Crown in right of this jurisdiction, and includes:
(a) the Government of this jurisdiction; and
(b) a Minister of the Crown in right of this jurisdiction; and
(c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.
(1) A document may be lodged electronically for the purposes of the land titles legislation if the document is lodged:
(a) in a form approved by the Registrar; and
(b) by means of an ELN provided and operated under this Law.
(2) An approval for the purposes of subsection (1)(a) may be given under section 44 or the land titles legislation or in some other way that the Registrar considers appropriate.
(1) If a document is lodged electronically in accordance with section 7, the Registrar must receive and process the document in accordance with the land titles legislation.
(2) This section does not limit or affect the need for the document to comply with the requirements of the land titles legislation, this Law or any other law of this jurisdiction.
(1) A registry instrument that is in a form in which it can be lodged electronically under section 7 has the same effect as if that instrument were in the form of a paper document.
(2) A registry instrument that is digitally signed by a subscriber in accordance with the participation rules applicable to that instrument has the same effect as if a paper document having the equivalent effect had been executed by:
(a) if the subscriber signs under a client authorisation, each person for whom the subscriber signs in accordance with the client authorisation; or
(b) the subscriber in any other case.
(3) If a registry instrument is digitally signed in accordance with the participation rules applicable to that instrument:
(a) the instrument is to be taken to be in writing for the purposes of every other law of this jurisdiction; and
(b) the requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.
(1) A client authorisation is a document:
(a) that is in the form required by the participation rules; and
(b) by which a party to a conveyancing transaction authorises a subscriber to do one or more things on that party's behalf in connection with the transaction so that the transaction, or part of the transaction, can be completed electronically.
(2) The following are examples of the things that a client authorisation may authorise a subscriber to do:
(a) to digitally sign registry instruments or other documents;
(b) to present registry instruments or other documents for lodgment electronically;
(c) to authorise or complete any associated financial transaction.
(1) A properly completed client authorisation:
(a) has effect according to its terms; and
(b) is not a power of attorney for the purposes of any other law of this jurisdiction relating to powers of attorney.
(2) If a client authorisation is properly completed, the requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.
(3) Subsections (1) and (2) do not limit or affect the application of any law of this jurisdiction relating to powers of attorney in relation to:
(a) the execution of a client authorisation under a power of attorney; or
(b) a client authorisation executed under a power of attorney.