There are a number of Acts, rules, requirements, waivers, guidance notes and agreements that, together, govern eConveyancing in NSW and help guide all parties through the process.
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 Electronic Conveyancing National Law, the Registrar General may waive compliance with any of the Operating Requirements and Participation Rules if it is reasonable to do so.
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.
Parties to eConveyancing transactions will also be guided by agreements:
- Operating agreement: a contract between a Registrar General and an ELNO
- Participation agreement: a contract between an ELNO and a subscriber.