(1) In this section
—
digitally sign has the meaning given in the
Electronic Conveyancing Act 2014 section 3(1);
electronic conveyancing instrument means an
instrument in electronic form that, on being digitally signed, has, under the
Electronic Conveyancing Act 2014 section 9(2), the same effect as if a paper
document having the equivalent effect had been executed as provided in
section 9(2)(a) or (b) of that Act.
(2) If the
Commissioner has established procedures for the duty endorsement of
transaction records that are in the form of electronic conveyancing
instruments, a reference in this Act to a transaction record being duty
endorsed includes a reference to a transaction record in that form being
verified or certified by the Commissioner in accordance with those procedures
to the effect that an amount of duty has been paid or is payable or that duty
is not chargeable.
(3) The procedures
referred to in subsection (2) may include procedures for verifying or
certifying electronic conveyancing instruments before they are digitally
signed, and in that case —
(a) the
verification or certification of an electronic conveyancing instrument must be
undertaken in accordance with those procedures as if the transaction to be
effected by the instrument were a dutiable transaction, even though the
instrument is not digitally signed; but
(b) the
verification or certification of the electronic conveyancing instrument in
accordance with those procedures becomes a duty endorsement under subsection
(2) only when the instrument is digitally signed.
[Section 273A inserted: No. 2 of 2014 s. 54.]