The Registrar oversees the eConveyancing framework in NSW and monitors participants’ compliance with legislative and regulatory requirements.
Principal legislation
The principal pieces of legislation for eConveyancing in NSW are the Real Property Act 1900 (RPA) and the Electronic Conveyancing National Law (NSW) (ECNL). The ECNL was first enacted in NSW and has been replicated in other States and Territories.
Rules, requirements and waivers
In determining the Operating Requirements and Participation Rules, the Registrar General has adopted the Model Operating Requirements and Model Participation Rules developed and approved by the Australian Registrars’ National Electronic Conveyancing Council (ARNECC), amended only to include reference to specific New South Wales legislation where appropriate.
Under the ECNL, the Registrar General may waive compliance with any of the Operating Requirements and Participation Rules if it is reasonable to do so.
Guidance Notes
ARNECC publishes Guidance Notes on the Operating Requirements and Guidance Notes on the Participation Rules to assist in understanding what is expected in complying with the requirements and rules in each jurisdiction.
Approval and Conditions
Entities that propose to operate an Electronic Lodgment Network in NSW must obtain approval from the Registrar General.
More information on conditions of approval
Participation agreements
In addition, each subscriber to an ELNO must enter into a participation agreement with the ELNO.
ELNOs
The Registrar General monitors ELNOs’ compliance with the Electronic Conveyancing National Law and related regulatory framework, including:
- conditions of approval, as set by the Registrar General under section 16 of the Electronic Conveyancing National Law (ECNL); and
- the Operating Requirements, determined by the Registrar General under section 22 of the ECNL
- the ECNL in general.
Under section 33(a) of the ECNL, the Registrar General may conduct an investigation in relation to an ELNO to ascertain compliance with the Operating Requirements, and/or investigate any suspected or alleged case of misconduct with respect to the operation of an Electronic Lodgment Network.
For further information, please see our conditions of approval page.
Subscribers
The Registrar General monitors Subscribers’ compliance with the ECNL, including Participation Rules determined by the Registrar General under section 23.
Under section 33(b) of the ECNL, the Registrar General may conduct an investigation in relation to a Subscriber to ascertain compliance with the Participation Rules, and/or investigate any suspected or alleged case of misconduct with respect to the use of an Electronic Lodgment Network.
For further information, please see our subscriber compliance page.