Queensland Consolidated Acts

ELECTRONIC CONVEYANCING NATIONAL LAW (QUEENSLAND) - SECT 22

22 Operating requirements for ELNOs

(1) The Registrar may determine, in writing, requirements (
"operating requirements" ) relating to:

(a) the operation of an ELNO, and

(b) the provision and operation, by an ELNO, of an ELN.

(2) The operating requirements may (without limitation) include provisions relating to the following matters:

(a) the financial standing of an ELNO,

(a1) changes in the control of an ELNO,

(b) compliance with the participation rules, including (without limitation):

(i) requiring an ELNO to use a participation agreement when authorising persons to use the ELN operated by the ELNO, and

(ii) requiring participation agreements to incorporate the participation rules,

(c) interoperability, including, without limitation—

(i) requiring an ELNO to enter into agreements with other ELNOs with respect to interoperability, and

(ii) specifying matters to be dealt with, and standard provisions to be included, in those agreements, and

(iii) the resolution of disputes between an ELNO and other ELNOs relating to interoperability,

(c1) the technical and operational requirements for an ELN, including, without limitation, data standards and other requirements relating to interoperability, for example, data standards with respect to associated financial transactions,

(c2) the integration of an ELN with other electronic systems,

(c3) the separation of services provided by the ELN operated by an ELNO from other services provided by the ELNO,

(c4) fees and charges payable to an ELNO, including, without limitation, principles relating to—

(i) the setting and publication of fees and charges, and

(ii) the apportionment of liability to pay fees and charges, and

(iii) the circumstances in which fees and charges are not payable,

(c5) the resolution of disputes between an ELNO and subscribers to the ELN operated by the ELNO or clients of those subscribers,

(c6) participation by an ELNO in a scheme for an industry code relating to associated financial transactions and compliance by an ELNO with that code,

(d) the insurance cover to be held by an ELNO,

(e) the circumstances in which the Registrar may suspend or revoke the approval of a person as an ELNO,

(f) the giving of directions to an ELNO by the Registrar, for example a direction to restrict, suspend or terminate a subscriber’s or other person’s use of the ELN operated by the ELNO.