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Definitions

Australian Registrars' National Electronic Conveyancing Council (ARNECC)

The body established by the IGA to facilitate the ongoing management of the regulatory framework for National Electronic Conveyancing.

Australian Registrars' Business Practices

The operational policies and procedures relating to the registration of interests on title within each jurisdiction Land Registry as they impact on National Electronic Conveyancing.

Client Authorisation

A prescribed form of authority, provided for in s.10 of the ECNL and set out in Schedule 4 of the Model Participation Rules, to be obtained by Subscribers representing a Transacting Party.

Council of Australian Governments (COAG)

The Governments of the Commonwealth of Australia and each of the States and Territories meeting together.

COAG Agreement

The National Partnership Agreement to Deliver a Seamless National Economy, and Implementation Plan, between the Commonwealth of Australia and the States and Territories.

Compliance Examination

A procedure carried out in accordance with s.33 of the ECNL for ascertaining whether the Operating Requirements or Participation Rules as relevant have been complied with and, if relevant, to investigate any suspected or alleged misconduct in relation to the use of an ELN.

Electronic Conveyancing National Law (ECNL)

A national application law agreed to be established by Part 8 of the IGA that facilitates the implementation and operation of National Electronic Conveyancing in accordance with the COAG Agreement, as amended from time to time.

Electronic Lodgment Network (ELN)

A network established to create and electronically lodge registry instruments and other electronic documents with the jurisdiction's Land Registry.

Electronic Lodgment Network Operator (ELNO)

The legal entity authorised by a jurisdiction to operate an ELN in that jurisdiction.

Guidance Notes

Advice published by ARNECC on behalf of all Registrars for the assistance of ELNOs and Subscribers in complying with their obligations under the Operating Requirements and Participation Rules respectively.

Inter-Governmental Agreement (IGA)

The agreement between the States and Territories created to provide governance for the development, implementation and management of the regulatory framework for National Electronic Conveyancing.

Model Operating Requirements (MOR)

A uniform set of requirements determined by ARNECC that are promulgated by the Registrars as Operating Requirements for ELNOs to comply with in their jurisdiction.

Model Operating Requirements Guidance Notes (MORGN)

Advice published by ARNECC on behalf of all Registrars to assist ELNOs in complying with the Operating Requirements.

Model Participation Rules (MPR)

A uniform set of rules determined by ARNECC that are promulgated by the Registrars as Participation Rules for the Subscribers to an ELN to comply with in their jursidiction.

Model Participation Rules Guidance Notes (MPRGN)

Advice published by ARNECC on behalf of all Registrars to assist Subscribers in complying with the Participation Rules.

National Electronic Conveyancing

The legislative and business environment for a national system of electronic conveyancing providing for:

  • preparation of registry instruments and other documents in electronic form for the purposes of land title legislation
  • settlement of property transactions electronically and
  • lodgment of registry instruments and other documents with Land Registries electronically.

Notice

A notification to Subscribers issued by ARNECC on behalf of all Registrars and delivered by the Subscriber’s ELNO that provides advice on a specific aspect of the regulatory framework for National Electronic Conveyancing.

Operating Requirements (OR)

The requirements for ELNOs in a jurisdiction promulgated by that jurisdiction’s Registrar and based upon ARNECC’s Model Operating Requirements.

Participation Rules (PR)

The rules for Subscribers to an ELN in a jurisdiction promulgated by that jurisdiction’s Registrar and based upon ARNECC’s Model Participation Rules.

Registrar

The State and Territory officials who have responsibility for each jurisdiction's Land Registry function.

Subscriber Identity Verification Standard

The procedure set out in Schedule 7 of the MOR to be used by ELNOs to verify the identity of potential Subscribers to their ELN.

Subscriber

A legal entity registered to use an ELN to complete conveyancing transactions electronically, as or on behalf of, a Transacting Party.

Transacting Party

A person or corporation engaged in a land transaction in relation to land registered in a Torrens Title Register that will result in the lodgment of registry instruments and other documents with the Land Registry.

Verification of Identity

The steps taken to verify the identity of a Transacting Party.

Verification of Identity Standard

The steps set out in Schedule 8 of the MPR that are deemed reasonable for verifying the identity of a Transacting Party.

Waiver

An instrument published by a Registrar that provides relief for an ELNO or Subscriber, or a class of ELNOs and Subscribers, from all or any provisions of the respective Operating Requirements or Participation Rules in the jurisdiction in accordance with s.27 of the ECNL.