Queensland Numbered Acts

ELECTRONIC CONVEYANCING NATIONAL LAW (QUEENSLAND) ACT 2013 No. 17 - SECT 19

Sections 289 and 290—

omit, insert—

'(1) Subject to subsections (2) to (4), if the consent of a person is required or permitted for a dealing with a lease, sublease or licence, the consent must be—

(a) written on the document for the dealing (the relevant document); or

(b) if the chief executive considers it appropriate—deposited with the relevant document.

'(2) If the relevant document is an electronic conveyancing document, the person is taken to have complied with subsection (1) if the consent—

(a) is in the form of an electronic conveyancing document; and

(b) is deposited with the relevant document.

'(3) Subsection (4) applies if the relevant document is lodged or deposited in an electronic form by an electronic communication under—

(a) this Act or another law, other than the Electronic Conveyancing National Law (Queensland); and

(b) the Electronic Transactions (Queensland) Act 2001.

'(4) The person is taken to have complied with subsection (1) if—

(a) a method is used to identify the person and to indicate the person's consent; and

(b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the consent was communicated; and

(c) the chief executive consents to the requirement being met by using the method.'.