Operating Requirements and Participation Rules Version 7
The Australian Registrars’ National Electronic Conveyancing Council (ARNECC) has published Version 7 of the Model Operating Requirements (MORs) and the Model Participation Rules - ARNECC (MPRs).
Version 7 (adopting the Model versions) will take effect on and from 28 March 2024:
On and from that date, Subscribers must use the updated Client Authorisation Version 7.
To assist Subscribers, ARNECC has published a standalone Client Authorisation Version 7.
Key changes
Key changes between Version 6 and Version 7 of the Model Operating Requirements include, but are not limited to:
- provisions establishing the framework for Interoperability (defined under the Electronic Conveyancing National Law (ECNL)), pursuant to section 22(2)(c) of the ECNL (see for example 2.1.2, 5.2, 5.7, 5.8, 10.3.2 and Schedule 8)
- a requirement for an ELNO to, at least once a year, obtain a SOC 2 Type 2 report or such other report approved by the Registrar in writing, and Promptly take any action to ensure the ELNO’s controls and processes are effective and rectify any identified weaknesses in the report (see 7.3.2)
- a requirement for an ELNO to comply with any reasonable release management requirements specified by the Registrar following reasonable consultation with the ELNO (see 13.4)
- associated amendments to the Schedule 3 reporting requirements.
Key changes between Version 6 and Version 7 of the Model Participation Rules include, but are not limited to:
- provisions relating to Interoperability (see 2.1.2, and the Client Authorisation Version 7 in Schedule 4)
- amendments acknowledging that a Person may be a Subscriber to more than one ELN (see 5.5.2(c), 7.3, 7.8, 7.9, 10(b))
- amendments acknowledging that duplicate (or paper) certificates of title requirements no longer apply in the ACT, NSW, QLD, SA and WA (see Schedule 1).
There have also been amendments to definitions across both the Model Operating Requirements and Model Participation Rules.
Responses to stakeholder feedback
Feedback Tables detailing the actions taken by ARNECC in response to industry feedback are available on the ARNECC website. Some changes (summarised above) have been made between consultation draft Version 7.2 of the Model Operating Requirements and consultation draft Version 7 of the Model Participation Rules.
Guidance Notes
ARNECC will review and publish updated Guidance Notes on the ARNECC website to reflect the new changes and assist Electronic Lodgment Network Operators and Subscribers to understand their obligations.
Enquiries may be made via email to the Office of the Registrar General at [email protected].