Western Australian Current Acts Western Australian Current Acts (1) In this Act
—
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 this definition:
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.
Authority means the Western Australian Land
Information Authority established by the Land Information Authority Act 2006
section 5;
client authorisation has the meaning given in
section 10;
Commissioner means the Commissioner of Titles
under the Transfer of Land Act 1893 section 5;
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changed, withdrawn or removed;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 the ECNL; and
(b)
includes a law of a jurisdiction that is prescribed by regulations made under
this Act as a corresponding law;
digitally sign , in relation to an electronic
communication or a document, means create a digital signature for the
communication or document;
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;
Electronic Conveyancing National Law or ECNL
means the law set out in the Appendix to the Electronic Conveyancing
(Adoption of National Law) Act 2012 (NSW) as that Appendix is in force from
time to time;
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;
jurisdiction means State;
land titles legislation —
(a)
means these Acts —
(ia) the
Community Titles Act 2018 ;
(i)
the Licensed Surveyors Act 1909 ;
(ii)
the Strata Titles Act 1985 ;
(iii)
the Transfer of Land Act 1893 ;
(iv)
any other Act prescribed by regulations made under this
Act for the purposes of this definition;
and
(b)
includes any subsidiary legislation (as defined in the Interpretation Act 1984
section 5) made under any of those Acts; and
(c) also
includes any other written law (as defined in the Interpretation Act 1984
section 5) that authorises, permits or requires something —
(i)
to be lodged for registration, noting or recording in the
titles register; or
(ii)
to be registered, noted or recorded in the titles
register;
and
(d) also
includes any Commonwealth Act (as defined in the Interpretation Act 1984
section 5) that authorises, permits or requires something —
(i)
to be lodged for registration, noting or recording in the
titles register; or
(ii)
to be registered, noted or recorded in the titles
register;
and
(e) also
includes any legislative instrument (within the meaning of the
Legislative Instruments Act 2003 2 (Commonwealth)) made under any Commonwealth
Act to which paragraph (d) applies;
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) the
ECNL 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 Authority provides and operates the ELN, an agreement between the
Authority and another person under which the other person is authorised to use
that ELN;
participation rules means the rules determined
under section 23;
Registrar means the Registrar of Titles under the
Transfer of Land Act 1893 section 7;
registry instrument means —
(a) any
document that may be lodged under the land titles legislation for the purpose
of —
(i)
creating, transferring, disposing of, mortgaging,
charging, leasing or dealing with in any other way an estate or interest in
land; or
(ii)
getting something registered, noted or recorded in the
titles register; or
(iii)
getting the registration, note or record of something in
the titles register changed, withdrawn or removed;
or
(b) a
document that belongs to a class of document that —
(i)
may be lodged under the land titles legislation; and
(ii)
is prescribed by regulations made under this Act for the
purposes of this definition;
responsible tribunal means the State
Administrative Tribunal established under the State Administrative Tribunal
Act 2004 ;
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;
this jurisdiction means the State of Western
Australia;
titles register means —
(a) the
Register referred to in the Transfer of Land Act 1893 section 48; or
(b) any
register, database or system that —
(i)
under another Act is a titles register for the purposes
of this definition; or
(ii)
is prescribed by regulations made under this Act or
another Act for the purposes of this definition.
(2) A term used in
this Act (other than Parts 5 to 9) or a statutory instrument and also in the
land titles legislation has the same meaning in this Act (other than Parts 5
to 9) or the statutory instrument as it has in that legislation, unless
—
(a) the
term is defined in this Act or the statutory instrument; or
(b) the
context requires otherwise.
[Section 3 amended: No. 32 of 2018 s. 208.]