Transcript PPT

Electronic Conveyancing National
Law
Professor Cameron Stewart
Section 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.
Lodgement
• Sec 7 – documents may be lodged
electronically
• Sec 8 – RG must deal with electronically
registered documents
• Sec 9 – electronic documents have the same
status as other registered documents and
satisfy the requirements of formality
Electronic Lodgement Networks
• Sec 14 the Registrar can create a ELN
• A person can be licensed as a Network
Operator (ELNO)
• Model rules will be created by the Australian
Registrars’ National Electronic Conveyancing
Council (ARNECC) that will tell the ELNOs how
to operate
Client authorisations
• Sec 10 – a client can authorise a Network
Operator (ELNO) to lodge documents on their
behalf electronically
• Sec 11 – this is not a power of attorney
Digital signatures
• Sec 12 – a digital signature is taken to be the subscriber’s
signature
• You can repudiate a signature on the condition that:
• (a) 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,
Digital signatures
• (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.