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This is the Electronic Conveyancing Act 2014.
This Act comes into operation as follows —
Part 1 (other than sections 3 to 7A) — on the day on which this Act receives the Royal Assent;
the following provisions — on the day after that day —
sections 3 to 7A;
Parts 3 to 5;
Schedule 1;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
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 —
to create, transfer, dispose of, mortgage, charge, lease or deal with in any other way an estate or interest in land; or
to get something registered, noted or recorded in the titles register; or
to get the registration, note or record of something in the titles register changed, withdrawn or removed;
corresponding law —
means a law of a jurisdiction that corresponds to the ECNL; and
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 —
means these Acts —
the Community Titles Act 2018;
the Licensed Surveyors Act 1909;
the Strata Titles Act 1985;
the Transfer of Land Act 1893;
any other Act prescribed by regulations made under this Act for the purposes of this definition;
and
includes any subsidiary legislation (as defined in the Interpretation Act 1984 section 5) made under any of those Acts; and
also includes any other written law (as defined in the Interpretation Act 1984 section 5) that authorises, permits or requires something —
to be lodged for registration, noting or recording in the titles register; or
to be registered, noted or recorded in the titles register;
and
also includes any Commonwealth Act (as defined in the Interpretation Act 1984 section 5) that authorises, permits or requires something —
to be lodged for registration, noting or recording in the titles register; or
to be registered, noted or recorded in the titles register;
and
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 —
the ECNL applies as a law of the jurisdiction, either with or without modifications; or
there is a corresponding law;
participation agreement, in relation to an ELN, means —
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
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 —
any document that may be lodged under the land titles legislation for the purpose of —
creating, transferring, disposing of, mortgaging, charging, leasing or dealing with in any other way an estate or interest in land; or
getting something registered, noted or recorded in the titles register; or
getting the registration, note or record of something in the titles register changed, withdrawn or removed;
or
a document that belongs to a class of document that —
may be lodged under the land titles legislation; and
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 —
the Register referred to in the Transfer of Land Act 1893 section 48; or
any register, database or system that —
under another Act is a titles register for the purposes of this definition; or
is prescribed by regulations made under this Act or another Act for the purposes of this definition.
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 —
the term is defined in this Act or the statutory instrument; or
the context requires otherwise.
[Section 3 amended: No. 32 of 2018 s. 208.]
Schedule 1 applies in relation to this Act (other than Parts 5 to 9).
The Interpretation Act 1984 does not apply to —
this Act (other than Parts 5 to 9); or
the instruments made under this Act (other than regulations made under section 46).
This Act is numbered in order to maintain consistent numbering between the provisions of Parts 2 to 4 of the ECNL and the corresponding provisions of Parts 2 to 4.
A section in Parts 2 to 4 that corresponds to a section of the ECNL includes in its heading a reference to “ECNL” together with a reference to the corresponding ECNL provision.
If the ECNL includes a section that is not required in Parts 2 to 4, the section number and heading appearing in the ECNL are included in Parts 2 to 4 even though the body of the section is omitted.
Schedule 1 corresponds to Schedule 1 to the ECNL.
The purpose of this Act is to provide for electronic conveyancing in Western Australia by enacting provisions that correspond to the Electronic Conveyancing National Law and in that way achieve the object of that Law.
The object of the Electronic Conveyancing National Law is to promote efficiency throughout Australia in property conveyancing by providing a common legal framework that —
enables documents in electronic form to be lodged and processed under the land titles legislation of each participating jurisdiction; but
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.
This Act binds the State.
In this section —
State means the Crown in right of this jurisdiction, and includes —
the Government of this jurisdiction; and
a Minister of the Crown in right of this jurisdiction; and
a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.
A document may be lodged electronically for the purposes of the land titles legislation if the document is lodged —
in a form approved by the Registrar; and
by means of an ELN provided and operated under this Act.
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.
If a document is lodged electronically in accordance with section 7, the Registrar, the Commissioner or the Authority (whichever is appropriate) must receive and process the document in accordance with the land titles legislation.
This section does not limit or affect the need for the document to comply with the requirements of the land titles legislation, this Act or any other law of this jurisdiction.
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.
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 —
if the subscriber signs under a client authorisation, each person for whom the subscriber signs in accordance with the client authorisation; or
the subscriber in any other case.
If a registry instrument is digitally signed in accordance with the participation rules applicable to that instrument —
the instrument is to be taken to be in writing for the purposes of every other law of this jurisdiction; and
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.
A client authorisation is a document —
that is in the form required by the participation rules; and
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.
The following are examples of the things that a client authorisation may authorise a subscriber to do —
to digitally sign registry instruments or other documents;
to present registry instruments or other documents for lodgment electronically;
to authorise or complete any associated financial transaction.