South Australian Current Acts South Australian Current ActsSchedule 1—Electronic Conveyancing National Law
Part 1—Preliminary
1—Short title
This Law may be cited as the Electronic Conveyancing National Law.
2—Commencement
This Law commences in a participating jurisdiction as provided by the
application law of that jurisdiction.
3—Definitions
(1) In this Law:
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—
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changed, withdrawn or removed;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 Lodgement Network—see section 13;
ELNO means Electronic Lodgement 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;
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.
4—Interpretation generally
Schedule 1 applies in relation to this Law.
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.
(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
Electronic Lodgement Network, and provides for the making of rules relating to
the operation of the Electronic Lodgement Network.
6—Law binds the State
(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.
Part 2—Electronic Conveyancing
Division 1—Electronic lodgement
7—Documents may be lodged electronically
(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 the
land titles legislation or in some other way that the Registrar considers
appropriate.
8—Registrar to process documents lodged electronically
(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.
9—Status of electronic registry instruments
(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.
Division 2—Client authorisations and digital signatures
Subdivision 1—Client authorisations
10—Client authorisations
(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 lodgement electronically;
(c) to
authorise or complete any associated financial transaction.
11—Effect of client authorisation
(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.
Subdivision 2—Digital signatures
12—Reliance on, and repudiation of, digital signatures
(1) If a subscriber's
digital signature is created for a registry instrument or other document in
connection with a conveyancing transaction, then—
(a)
unless that subscriber repudiates that digital signature, that
registry instrument or other document is to be taken to be signed by that
subscriber; and
(b)
unless that subscriber repudiates that digital signature, that digital
signature is binding, in relation to that registry instrument or other
document, on—
(i)
the subscriber; and
(ii)
all other persons (if any) for whom that subscriber acts
under a client authorisation with respect to that conveyancing transaction;
and
(c)
unless that subscriber repudiates that digital signature, that digital
signature is binding, in relation to that registry instrument or other
document, for the benefit of—
(i)
each of the parties to that conveyancing transaction; and
(ii)
each subscriber who acts under a client authorisation
with respect to that conveyancing transaction; and
(iii)
any person claiming through or under any person to whom
subparagraph (i) applies; and
(iv)
the Registrar, once that registry instrument or other
document is lodged electronically in accordance with section 7; and
(d) that
subscriber cannot repudiate that digital signature except in the circumstances
set out in subsection (4).
(2) Subsection (1)
applies regardless of—
(a) who
created the subscriber's digital signature; and
(b) the
circumstances (including fraud) in which the subscriber's digital signature
was created.
(3) Subsection (1)
does not prevent the unsigning of a registry instrument or other document.
(4) Despite
subsections (1) and (2), a subscriber can repudiate the subscriber's digital
signature with respect to a registry instrument or other document if the
subscriber establishes—
(a) that
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; and
(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.
(5) For the purposes
of subsection (4)(b)(ii), it does not matter whether the authority
was—
(a)
general; or
(b)
limited or restricted to documents of a particular class or to a particular
document or in any other way.
Part 3—Electronic Lodgement Networks
Division 1—Preliminary
13—Electronic Lodgement Network
(1) An Electronic
Lodgement Network ( ELN ) is an electronic system that enables the lodging of
registry instruments and other documents in electronic form for the purposes
of the land titles legislation.
(2) An ELN may also
enable the preparation of registry instruments and other documents in
electronic form for lodging under the land titles legislation.
Division 2—Operation of Electronic Lodgement Networks
14—Registrar may provide and operate ELN
The Registrar may provide and operate an ELN.
15—Registrar may approve ELNO to provide and operate ELN
(1) The Registrar may
approve a person as an Electronic Lodgement Network Operator ( ELNO ) to
provide and operate an ELN.
(2) The Registrar must
not approve a person under this section unless the person meets the
qualifications for approval set out in the operating requirements.
(3) An approval under
this section must be in writing and must state the period for which it is to
have effect.
(4) The Registrar may
grant more than one approval under this section.
16—Conditions of approval as ELNO
(1) The Registrar may
attach conditions to an approval under section 15, and those conditions
must be specified in the approval.
(2) The Registrar may
at any time, by notice in writing to the ELNO, vary or revoke the conditions
attached to the approval of that ELNO or attach new or additional conditions.
17—Effect of approval as ELNO
(1) A person who is
approved as an ELNO under section 15 may provide and operate an
ELN—
(a) for
the period stated in the approval; and
(b)
subject to the conditions (if any) attached to the approval; and
(c) in
accordance with the operating requirements.
(2) Subsection (1) is
subject to sections 19 and 20.
(3) In performing
functions as an ELNO, a person approved under section 15 is not and does
not represent the State, and is not an agent of the State.
(4) The approval of a
person as an ELNO does not restrict or prevent the provision, by that person,
of services additional to those provided by the ELN.
(5) Subsection (4) is
subject to the operating requirements.
18—ELNO required to comply with operating requirements
A person approved as an ELNO under section 15 must comply with the
operating requirements.
19—Renewal of approval as ELNO
(1) The Registrar may
renew an approval of a person as an ELNO under section 15 if the
Registrar is satisfied that the person continues to meet the qualifications
for approval set out in the operating requirements.
(2) The renewal of an
approval under this section must be in writing and must state the period for
which the renewal is to have effect.
(3) In renewing an
approval, the Registrar may exercise the powers in section 16 to attach
conditions to the approval or vary or revoke conditions attached to the
approval.
20—Revocation or suspension of approval as ELNO
The Registrar may revoke or suspend the approval of a person as an ELNO in the
circumstances set out in the operating requirements.
21—Monitoring of activities in ELN
(1) The Registrar may
monitor activities in an ELN for any purpose, including (without limitation)
for the purpose of maintaining the integrity of the titles register.
(2) This section does
not limit Division 5.
Division 3—Operating requirements and participation rules
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;
(b)
compliance with the participation rules, including (without limitation)—
(i)
requiring an ELNO to use a participation agreement when
authorising persons to use an ELN; and
(ii)
requiring participation agreements to incorporate the
participation rules;
(c) the
technical and operational requirements for an ELN;
(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 an ELN.
23—Participation rules
(1) The Registrar may
determine, in writing, rules relating to the use of an ELN ( participation
rules ).
(2) The participation
rules may (without limitation) include provisions relating to the following
matters:
(a) the
eligibility criteria for subscribers;
(b) the
obligations of subscribers, including (without limitation) any representations
or warranties they are required to give;
(c) the
circumstances in which a subscriber’s authority to use the ELN may be
restricted, suspended or terminated;
(d)
client authorisations;
(e) the
obligations of subscribers to verify the identity of their clients;
(f) the
certification of registry instruments and other documents for use in
connection with the ELN;
(g)
digital signing;
(h) the
retention of documents created or obtained in connection with a
subscriber’s use of an ELN;
(i)
compliance by subscribers with the participation rules,
including (without limitation) how subscribers demonstrate compliance with the
rules, the procedures for notifying non-compliance and how non-compliance may
be remedied.
24—Registrar to have regard to nationally agreed model operating
requirements and participation rules
(1) In this
section—
model provisions means any model operating requirements or model participation
rules from time to time developed and published by ARNECC.
(2) In determining
operating requirements and participation rules under this Law, and in
determining changes to those requirements or rules, the Registrar must have
regard to the desirability of maintaining consistency with any model
provisions.
25—Publication of operating requirements and participation rules
(1) The Registrar must
ensure that the following are publicly available:
(a) the
current operating requirements and participation rules;
(b) all
superseded versions of the operating requirements and participation rules.
(2) The operating
requirements and participation rules, and any changes to either of them, must
be made publicly available at least 20 business days before the
operating requirements or participation rules or, as the case requires, the
changes to them take effect.
(3) However, changes
to the operating requirements or participation rules may take effect within a
shorter period (including immediately on being made publicly available), if
the Registrar is satisfied that the changes need to take effect urgently
because an emergency situation exists.
(4) For the purposes
of subsection (3), an emergency situation exists if the Registrar
considers that, because of the occurrence of an event or the existence of
particular circumstances, the operation, security, integrity or stability of
an ELN or the titles register or the land titles system is being, or is likely
to be, jeopardised.
(5) Documents may be
made publicly available in accordance with this section in any manner the
Registrar considers appropriate, including (without limitation) by means of a
website.
(6) It is sufficient
compliance with subsection (1)(b) if a superseded version of the
operating requirements or participation rules (other than the most recently
superseded version) is publicly available only on request made to the
Registrar.
26—Subscribers required to comply with participation rules
(1) A subscriber who
is authorised under a participation agreement to use an ELN must comply with
the participation rules relating to that ELN.
(2) If a subscriber
contravenes those participation rules, the Registrar may—
(a) if
the Registrar operates the ELN, restrict, suspend or terminate the
subscriber’s use of the ELN; or
(b) if
an ELNO operates the ELN, direct the ELNO to restrict, suspend or terminate
the subscriber’s use of the ELN.
(3) Subsection (2)
does not limit or affect any right, power, authority or remedy that the
Registrar or an ELNO has under the operating requirements, the participation
rules, a participation agreement or any other law of this jurisdiction in
relation to contravention of the participation rules.
27—Waiving compliance with operating requirements or participation rules
(1) The Registrar may
waive compliance with all or any provisions of the operating requirements or
participation rules if the Registrar is satisfied that granting the waiver is
reasonable in all the circumstances.
(2) A waiver under
this section may—
(a) be
total or partial; and
(b)
apply generally to all persons, or be limited in its application to particular
persons or particular classes of persons; 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.
Division 4—Appeals
28—Appeal against decisions of Registrar
(1) A person who is
the subject of any of the following decisions (an appealable decision ) may
require the Registrar to provide, in writing, the grounds for the decision:
(a) a
decision by the Registrar to refuse to approve the person as an ELNO;
(b) a
decision by the Registrar to refuse to renew the person’s approval as an
ELNO;
(c) a
decision by the Registrar to suspend the person’s approval as an ELNO;
(d) a
decision by the Registrar to revoke the person’s approval as an ELNO;
(e) a
decision by the Registrar to attach a condition to the person’s approval
as an ELNO, or to vary or revoke a condition of the person’s approval as
an ELNO, if the attachment, variation or revocation of the condition is done
without the person’s agreement;
(f) a
decision by the Registrar to restrict, suspend or terminate the person’s
use, as a subscriber, of an ELN operated by the Registrar;
(g) a
decision by the Registrar to direct an ELNO to restrict, suspend or terminate
the person’s use, as a subscriber, of the ELN operated by the ELNO.
(2) A person who is
the subject of an appealable decision and who has received written grounds for
the decision from the Registrar under subsection (1) or otherwise may
appeal against the decision to the responsible tribunal.
29—Determination of appeal
(1) After hearing the
appeal, the responsible tribunal may—
(a)
confirm the appealable decision; or
(b)
amend the appealable decision; or
(c)
substitute another decision for the appealable decision.
(2) In amending the
appealable decision or substituting another decision for the appealable
decision, the responsible tribunal has the same powers as the Registrar under
this Law.
30—Costs
(1) The
responsible tribunal may make any order about costs it considers appropriate
for the proceedings under this Division.
(2) This section does
not apply if the responsible tribunal has power under another law of
this jurisdiction to make an order about costs for proceedings under this
Division.
31—Relationship with Act establishing responsible tribunal
This Division—
(a)
applies despite any provision to the contrary of the Act that establishes or
continues the responsible tribunal; but
(b) does
not otherwise limit—
(i)
that Act; or
(ii)
any rules, regulations or other instrument regulating the
practice or procedure of the responsible tribunal.
Division 5—Compliance examinations
32—Definitions
In this Division—
ELNO includes a former ELNO;
subscriber includes a former subscriber.
33—Compliance examinations
The Registrar may, on receiving a request or complaint from any person or on
the Registrar’s own initiative, conduct an investigation ( compliance
examination ) under this Part—
(a) in
relation to an ELNO for either or both of the following purposes:
(i)
ascertaining whether or not the operating requirements
are being, or have been, complied with;
(ii)
investigating any suspected or alleged case of misconduct
with respect to the operation of an ELN; or
(b) in
relation to a subscriber for either or both of the following purposes:
(i)
ascertaining whether or not the participation rules are
being, or have been, complied with;
(ii)
investigating any suspected or alleged case of misconduct
with respect to the use of an ELN.
34—Obligation to cooperate with examination
(1) An ELNO or a
subscriber in relation to whom a compliance examination is being conducted
must cooperate fully with the person conducting the compliance examination for
the purpose of ensuring that the person is able to conduct a proper compliance
examination.
(2) In particular, an
ELNO or a subscriber must comply with any reasonable requirement by the person
conducting the compliance examination—
(a) to
furnish specified information or to produce specified documents for the
purposes of the compliance examination; or
(b) to
take specified action for the purposes of the compliance examination.
(3) If an ELNO fails,
without reasonable excuse, to cooperate as required by this section, the
Registrar may take any action that the Registrar is authorised to take under
the operating requirements and that the Registrar considers appropriate, which
may include (without limitation) the suspension or revocation of the
ELNO’s approval under section 20.
(4) If a subscriber
fails, without reasonable excuse, to cooperate as required by this section,
the Registrar may take any action that the Registrar is authorised to take
under the operating requirements, the participation rules or the
land titles legislation and that the Registrar considers appropriate.
(5) For the purposes
of subsections (3) and (4), it is not a reasonable excuse for a person to fail
to give stated information, answer a question or to produce a document that
giving the information, answering the question or producing the document might
tend to incriminate the person or make the person liable to a penalty.
(6) However, the
following is not admissible in evidence against an individual in a criminal
proceeding:
(a)
information provided by an individual in compliance with a requirement made
under this section;
(b) an
answer given by an individual in response to a question asked under this
section;
(c) a
document produced by an individual in compliance with a requirement made under
this section (other than a document to which subsection (7) applies);
(d)
information directly or indirectly derived from—
(i)
information mentioned in paragraph (a); or
(ii)
an answer mentioned in paragraph (b); or
(iii)
a document mentioned in paragraph (c)(other than a
document to which subsection (7) applies).
(7) A document
produced by an individual in compliance with a requirement made under this
section is not inadmissible in evidence against the individual in a criminal
proceeding on the ground that the document might incriminate the individual if
the document is required to be kept under this Law, the
land titles legislation, the operating requirements or the participation
rules.
(8) Subsection (6)
does not apply to—
(a) a
proceeding about the false or misleading nature of anything in the
information, answer or document; or
(b) a
proceeding in which the false or misleading nature of the information, answer
or document is relevant evidence.
35—Registrar may refer matter to appropriate authority
(1) In this
section—
appropriate authority —
(a)
means a person, body or organisation who or which is empowered by a law of
this jurisdiction or of another State or the Commonwealth to take
investigatory, disciplinary or other action; and
(b)
includes (without limiting paragraph (a))—
(i)
a law enforcement agency; and
(ii)
a regulatory or disciplinary body for persons engaged in
any profession, occupation, calling or business.
(2) Instead of
conducting a compliance examination in relation to a matter, or at any time
during a compliance examination or after the completion of a compliance
examination in relation to a matter, the Registrar may refer the matter to an
appropriate authority.
(3) If the Registrar
refers a matter to an appropriate authority, the Registrar is not obliged to
take any other action in relation to the matter.
36—Land titles legislation not limited
Nothing in this Division limits or affects any provision of the land titles
legislation that authorises or permits any investigation, inquiry or
examination of any kind.
Part 4—Miscellaneous
Division 1—Delegation
37—Delegation by Registrar
The Registrar may delegate the following to any other person:
(a) the
power conferred by section 21 to monitor activities in an ELN;
(b) any
function under Part 3 Division 5.
Division 2—Liability of Registrar
38—Registrar not obliged to monitor ELN or conduct compliance
examination
The Registrar is not obliged—
(a) to
monitor activities in an ELN under section 21; or
(b) to
conduct or complete a compliance examination under Part 3
Division 5.
39—No compensation
No person is entitled to receive compensation for any loss or damage arising
out of anything done or omitted in good faith in, or in connection with, the
monitoring of activities in an ELN under section 21 or the conduct of a
compliance examination under Part 3 Division 5, including (without
limitation)—
(a) any
decision made, in good faith, not to monitor activities in an ELN or not to
conduct a compliance examination; and
(b) any
decision made, in good faith, as to how activities in an ELN are to be
monitored or how a compliance examination is to be conducted.
40—Registrar not responsible for additional services provided by ELNO
The mere fact that an ELNO provides services that are additional to those
provided by the ELN operated by that ELNO does not make the Registrar
responsible for the regulation or operation of those additional services.
Division 3—Relationship with other laws
41—Other laws relating to electronic transactions not affected
This Law is in addition to, and not in substitution for—
(a) the
laws of this jurisdiction in relation to electronic transactions; and
(b) any
other law of this jurisdiction that authorises or permits the use of
electronic documents for the purposes of the land titles legislation.
42—Powers may be exercised for purposes of this Law
If any provision of the land titles legislation empowers the making of an
instrument of a legislative or administrative character, or the doing of any
other act or thing, that power is to be construed (with all necessary changes)
as including a general power to make instruments of that character, or to do
that act or thing, for the purposes of this Law.