2013
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
ELECTRONIC CONVEYANCING (NATIONAL UNIFORM LEGISLATION) BILL 2013

SERIAL NO. 21

EXPLANATORY STATEMENT

GENERAL OUTLINE
The purpose of the legislation is to enact the Electronic Conveyancing National Law as a law of the Northern Territory. The National Law is set out as an Appendix to this Bill.
The purpose of the Electronic Conveyancing National Law is to promote efficiency throughout Australia in property conveyancing by providing a common legal framework that enables documents to be prepared, lodged and processed in electronic form.  
Electronic conveyancing removes the need for the manual processing of documentation associated with the exchange of property allowing land titles registries, financial institutions, conveyancers and legal practitioners to complete the document exchanges electronically.  This will provide tangible time and cost benefits to the conveyancing industry and property sellers/owners as physical attendance at final settlement is not required.
In order to achieve these objectives, the National Law provides that the Registrar in each participating jurisdiction (Registrar-General in the case of the Northern Territory) to either operate or authorise others to operate and manage the operation of an Electronic Lodgment Network.  The legislation provides for the authorisation of “subscribers” will be entitled to electronically sign documents on behalf of their clients.    Relationships between clients and subscribers will be regulated by “participation rules” approved by the Registrar-General (in consultation with the other state and territory Registrars of Title).  
The National Law does not extinguish the fundamental principles of the Torrens system of land titles as incorporated in the Land Title Act of the Northern Territory, such as indefeasibility of title.
For the purposes of the application of the National Law as a law of the 
Northern Territory, the Bill contains provisions which provide for the meaning of generic terms used in the National Law, provides for the application of other Northern Territory land titles legislation in relation to the National Law, amends to the Land Title Act to enable the 
National Law to have effect in the Northern Territory and through Schedule 1 to the Electronic Conveyancing National Law, provides uniform interpretation and definition provisions.
The proposed participating jurisdictions under the National Law are the Northern Territory, New South Wales, Queensland, South Australia, Tasmania, Western Australia and Victoria.  The Australian Capital Territory has not yet agreed to participate in the scheme.
The Bill also amends:
·	section 210 of the Land Title Act so that the Registrar-General can issue directions for the purposes of any legislation under which the Registrar-General has powers and functions.  Currently the Registrar-General can only issue directions for the purposes of the Land Title Act. 
·	Section 47 of the Law of Property Act so that it is clear that that Act does not affect the operation of the Electronic Conveyancing National Law. 
NOTES ON CLAUSES
PART 1 - PRELIMINARY
Clause 1.	Short title.
This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Electronic Conveyancing (National Uniform Legislation) Act 2013.
Clause 2.	Commencement.
The provisions of the legislation commence on the day fixed by the Administrator by Gazette Notice.
Clause 3.	Interpretation
This clause defines terms used in this Bill.
Sub-clause (1) clarifies that a reference to “the local application provisions of this Act” is a reference to the provisions of this Bill other than the provisions of the Electronic Conveyancing National Law set out in the Appendix.
Sub-clause (2) provides that in the local application provisions a reference to the “Electronic Conveyancing National Law (NT)” means the Electronic Conveyancing National Law as applied by 
Clause 4 of the Bill.
Sub-clause (3) provides that if a term is used in the local application provisions of this Bill and in the Electronic Conveyancing National Law set out in the Appendix, the term has the same meaning in the local application provisions as it has in the Electronic Conveyancing National Law.
Clause 4.	Application of Criminal Code
This clause provides that the principles of criminal responsibility contained in Part IIAA of the Criminal Code apply to any offence in the Bill. 
PART 2 – ADOPTION OF NATIONAL LAW
Division 1- Provisions for adoption of National Law
Clause 5.	Adoption of Electronic Conveyancing National Law.
This clause provides that the Electronic Conveyancing National Law set out in the Appendix applies as a law of the Northern Territory (paragraph (a)), may be referred to as the Electronic Conveyancing National Law (NT) (paragraph (b)) and applies as if it were apart of this Bill (paragraph (c)).
Clause 6.	Uniform adoption of nationally approved amendments to Electronic Conveyancing National Law
This clause enables the Administrator of the Northern Territory to amend, insert or repeal a provision of the Electronic Conveyancing National Law by way of regulations.
This is a limited “Henry VIII” provision in that it applies only to the changes agreed to in accordance with an intergovernmental agreement signed in 2012.  

Clause 7.	Exclusion of legislation of this jurisdiction
This clause provides that the Northern Territory Interpretation Act does not apply to the Electronically Conveyancing National Law (NT) or instruments, including regulations, made under that law.
This clause also states that an Act prescribed by regulation does not apply to the Electronically Conveyancing National Law (NT) or to instruments made under that law. 
This clause ensures nationally consistency interpretation of the Electronic Conveyancing National Law and specific provisions have been made in the Electronic Conveyancing National Law relating to definitions and interpretation of the Electronic Conveyancing National Law.
Division 2 – Provisions for interpretation of National Law as adopted
Clause 8.	Meaning of generic terms
This clause provides for the interpretation of terms used in the Electronic Conveyancing National Law
land titles legislation means the following Acts:
(i)	the Land Title Act,
(ii)	the Law of Property Act,
(iii)	the Real Property (Unit Titles) Act,
(iv)	the Unit Title Schemes Act,
(v)	the Unit Titles Act,
(vi)	any other Act prescribed by regulation for this definition.
Land title legislation also includes any regulations made under the above Acts as well as any other NT Act that authorises or requires something to be registered, noted or recorded in the titles register.
Registrar means the Registrar-General for the Northern Territory who controls the land register where registry instruments are lodged.  The Registrar-General is appointed under the Registration Act.
registry instrument means a document lodged in the land register, with the Land Title Office, under the land titles legislation for the purpose of:
(a)	creating, transferring, disposing of, mortgaging, charging, leasing or dealing with in any other way an estate or interest in land,
(b)	getting something registered, noted or recorded in the titles register,
(c)	getting the registration, note or record of something in the titles register changed, withdrawn or removed.
responsible tribunal means the Supreme Court of the 
Northern Territory.
this jurisdiction means the jurisdiction of the Northern Territory.
titles register means the land register kept under section 6 of the 
Land Title Act where registry instruments are lodged, and any other register prescribed by regulation.

PART 3 – MISCELLANOUS MATTERS
Clause 9.	Misleading information or document
This clause provides that it is an offence to provide misleading information to the Registrar-General or to answer a question from the Registrar-General in a misleading way.  Similarly if a document or an instrument is produced that is misleading.  The maximum penalty is 6 months imprisonment and or 50 penalty units.

Clause 10.	Acquisition on just terms
This clause ensures that the Electronic Conveyancing National Law (NT) conforms with section 50(1) of the Northern Territory (Self-Government) Act 1978 (Cwth), by providing that where the operation of the legislation would result in an acquisition of property from a person otherwise than on just terms, the person is entitled to receive just terms compensation the amount of which may be decided by a court of competent jurisdiction.
11.  Regulations
This clause enables the Administrator to make regulations under this Act.  This clause is read with the Interpretation Act which spells out what kinds of regulations can also be made. 
PART 4 – CONSEQUENTIAL AMENDMENTS
Division 1 – Land Title Act
Clause 12.	Act amended
This clause amends the Land Titles Act.
Clause 13.	Section 210 amended
This clause amends section 210 of the Land Titles Act.  
In section 210(1) the words “directions not inconsistent with this Act” are omitted and the words “directions” are inserted.  In section 210(1) after the words “under this Act” the words “or any other Act” are inserted.  After section 210(2)(a) a new sub-clause is inserted “(ab) the object of any other Act for which directions are issued; and”.  
These amendments broaden the scope of section 210 of the 
Land Titles Act so that it is clear that the Registrar-General can issue directions for other legislation (additional to directions for the purposes of the Land Titles Act).  These other Acts will include the Electronic Conveyancing National Law (NT). 
Division 2	Law of Property Act
Clause 14.	Act amended
This clause amends the Law of Property Act.
Clause 15.	Section 47 amended
This clause amends section 47 of the Law of Property Act.  
Section 47 is amended so that it is clear that nothing in section 47 affect the operation of the Electronic Conveyancing National Law (NT). 

Division 3 – Expiry of Part
Clause 16.	Expiry
This clause provides that Part 4 is to expire on the day after it commences.  This clause is a technical clause providing for the repeal of provisions once their operation has taken effect – that is., they are spent.
APPENDIX- ELECTRONIC CONVEYANCING NATIONAL LAW (NT)
Clause 5 provides for this appendix.
PART 1 – PRELIMINARY
Clause 1	Short title
This clause provides that the law may be cited as the Electronic Conveyancing National Law (NT).

Clause 2.	Commencement
This clause states the law commences in a participating jurisdiction as provided by the application of that jurisdiction.  The application of this law in the NT will be at the commencement of the Electronic Conveyancing (National Uniform Legislation) Act 2013, on a day fixed by the Administrator, by Gazette notice.
Clause 3.	Definitions
Sub-clause (1) provides for the definitions of terms used in the National Law.
application law means a law of the participating jurisdiction that can either apply the law, with or without modifications, as a law of the participating jurisdiction, or as a corresponding law.
ARNECC means the Australian Registrars’ National Electronic Conveyancing Council established by the Intergovernmental Agreement.
associated financial transaction means a conveyancing transaction of a financial nature.  This could include the payment of the purchase price for the sale and purchase of an interest in land, advancing money in return for granting of a mortgage or charge over an interest in land, or payment of any tax, duty (stamp duty), fee or charge payable in respect of the conveyancing transaction.
client authorisation has the meaning given to it in clause 10 of the Appendix.
compliance examination has the meaning given to it in clause 33 of the Appendix.
conveyancing transaction means a transaction that involves one or more parties for the purpose of:
(a)	to create, transfer, dispose of, mortgage, charge, lease or deal with in any other way and estate or interest in land; or
(b)	to get something registered, noted or recorded in the titles register; or
(c)	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 this law and includes a law of a jurisdiction that is prescribed by regulations made under a law of this jurisdiction as a corresponding law.
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.
digitally sign means the creation of a digital signature for the communication or document in relation to an electronic communication or a document.
ELN is the acronym for Electronic Lodgment Network as described in clause 13.
ELNO is the acronym for Electronic Lodgment Network Operator as described in clause 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 as time to time.
jurisdiction means State. State is defined so as to includes a Territory.
land titles legislation has the meaning given by the application law of the jurisdiction for the purposes of the application of this Law as a law of a participating jurisdiction.
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:
(a)	this Law applies as a law of the jurisdiction, either with or without modifications; or
(b)	there is a corresponding law.
participation agreement in relation to an ELN, means:  
	(a)	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 the ELN; or
(b) 	if the Registrar provides and operates the ELN, an agreement between the Registrar and another person under which the other person is authorised to use the ELN.
participation rules means the rules determined under clause 23.
Registrar for the purposes of the application of this Law as a law of a participating jurisdiction has the meaning given by the application of the jurisdiction.
registry instrument for the purposes of the application of this Law as a law of a participating jurisdiction has the meaning given by the applicable law of the jurisdiction.
responsible tribunal for the purposes of the application of this Law as a law of a participating jurisdiction has the meaning given by the application law of the jurisdiction.
State includes a Territory.
subscriber means a person who is authorized 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.
titles register for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application of the jurisdiction.
Sub-clause (2) states that term used in this Law, land titles legislation or a statutory instrument has the same meaning in this Law or the statutory instrument as it has in that legislation, unless the term defined in this Law or the statutory instrument or the context requires otherwise.
Clause 4.	Interpretation generally
This clause gives effect to the Schedule to the Electronic Conveyancing National Law, which provides for the interpretation of the Electronic Conveyancing National Law.
Clause 5.	Object of this law
This clause identifies the objectives for the Electronic Conveyancing National Law to promote efficiency throughout Australia in property conveyancing which is provided by a framework.  The framework:
(a)	enables documents in electronic form to be lodged and processed under the land titles legislation of each participating jurisdiction; but
(b)	does not derogate from the Torrens System of land title, such as indefeasibility of title.
Clause 6.	Law binds the State
This clause provides that the National Law binds the State.  
State is defined in this clause to mean the Crown in right of this jurisdiction, and includes:
(a)	the Government of this jurisdiction;
(b)	a Minister of the Crown in right of this jurisdiction; and 
(c)	a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.

PART 2 – ELECTRONIC CONVEYANCING
Division 1 – Electronic lodgment
Clause 7.	Documents may be lodged electronically
Sub-clause (1) allows a document to 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 law.
Sub-clause (2) provides the approval for a document to be lodged electronically for the purposes of the land titles legislation or in some other way, may be given, if Registrar considers the form appropriate.
Clause 8.	Registrar to process documents lodged electronically
Sub-clause (1) requires the Registrar to process a document lodged electronically in accordance with clause 7.
Sub-clause (2) sets out the requirement to process a document lodged under clause 7 does not affect the  need to comply with the requirements of the land titles legislation, this Law or any other law of this jurisdiction.

Clause 9.	Status of electronic registry instruments
Sub-clause (1) provides that a registry instrument, if in a form which can be lodged in accordance with clause 7, has the same effect as if it was in the form of a paper document.
Sub-clause (2) provides that a digitally signed registry instrument that is in accordance with the participation rules applicable to that instrument has the same effect as if it was in the form of a paper document executed by either the subscriber or each person authorised as a subscriber with client authorisation.
Sub-clause (3) provides that a digitally signed registry instrument that is in accordance with the participation rules applicable to that instrument, is to be taken to be in writing for the purposes of any other law in this jurisdiction as well as any execution, signing, witnessing, attestation or sealing of document requirements of any other law in this jurisdiction.
Division 2 – Client authorisations and digital signatures
Subdivision 1 – Client authorisations
Clause 10.	Client authorisations
This clause provides for client authorisations.
Sub-clause (1) defines a client authorisation to be a form required by participation rules by which a party to a conveyancing transaction authorises a subscriber to complete or part complete a conveyancing transaction electronically.
Sub-clause (2) gives examples of what a client authorisation may authorise a subscriber to do.  These include:
(a)	to digitally sign registry instruments or other documents;
(b)	to present registry instruments or other documents for lodgment electronically; and
(c)	to authorise or complete any associated financial transaction.
Clause 11.	Effect of client authorisation
This clause gives effect to client authorisations.
Sub-clause (1) provides a properly completed client authorisation has effect according to its terms and is not a power of attorney for the purposes of any other law of this jurisdiction relating to powers of attorney.
Sub-clause (2) provides a properly completed client authorisation fully satisfies the requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents.
Sub-clause (3) sets out that sub-clause (1) and (2) do not limit or affect the application of any other law of this jurisdiction relating to the execution of a client authorisation under a power of attorney or a client authorisation executed under a power of attorney.
Subdivision 2 – Digital signatures
Clause 12.	Reliance on, and repudiation of, digital signatures
This clause provides for the digital signing of documents by subscribers and the effect of documents that are digitally signed.  
Sub-clause (1) sets out that unless the subscriber repudiates that digital signature, that digital signature or other document is to be taken to be signed, is binding in relation to that registry instrument or other document on that subscriber or other person acting under client authorisation.  The digital signature is binding for the benefit of each of the parties, each subscriber acting under client authorisation, any person claiming through or under any person and the Registrar, to that conveyancing.  
The subscriber cannot repudiate that digital signature except in the circumstances set out in sub-clause (4).
Sub-clause (2) provides sub-clause (1) applies regardless of who created the digital signature and the circumstances (including fraud) in which the subscriber’s digital signature was created.
Sub-clause (3) sets out that sub-clause (1), does not prevent the unsigning of a document, which may occur prior to settlement.
Sub-clause (4) The clause sets out the circumstances in which a digital signature may be repudiated, namely, that the digital signature was not signed by the subscriber or by a person authorised to create digital signatures on behalf of the subscriber, or had the express or implied authority to create the subscriber’s digital signature, and the subscriber did not fail to comply with the participation rules or to take reasonable care with respect to the creation of the digital signature.
Sub-clause (5) provides that for the purposes of sub-clause (4)(b)(ii) it does not matter whether the expressed or implied authority was general, limited or restricted to documents of a particular class or to a particular document or in any other way.

PART 3 – ELECTRONIC LODGMENT NETWORKS
Division 1 – Preliminary
Clause 13.	Electronic Lodgment Network
This clause explains what is meant by an Electronic Lodgment Network (ELN).
Sub-clause (1) defines an ELN as an electronic system that enables the lodging of the registry instruments and other documents in electronic form for the purposes of land titles legislation.
Sub-clause (2) provides that ELN may also enable the preparation of registry instruments and other documents in electronic form for lodging under the land titles legislation.
Division 2 – Operation of Electronic Lodgment Networks
Clause 14.	Registrar may provide and operate ELN
This clause provides the Registrar with the power to provide and operate an ELN..
Clause 15.	Registrar may approve ELNO to provide and operate ELN
Sub-clause (1) allows the Registrar to approve a person as an Electronic Lodgment Network Operator (ELNO) to provide and operate an ELN.
Sub-clause (2) sets out the Registrar must not approve a person under this section unless the person meets the qualifications for approval of operating requirements.
Sub-clause (3) sets out the qualifications for approval under this section must be in writing and must state the period for which it is to have effect.
Sub-clause (4) permits the Registrar to grant more than one approval under this section. 
Clause 16.	Conditions of approval as ELNO
Sub-clause (1) permits the Registrar to attach conditions to an approval under clause 15.  Conditions must be specific.
Sub-clause (2) permits the Registrar, by notice of writing to the ELNO, to vary or revoke the conditions attached to the approval of that ELNO or attach new or additional conditions.
Clause 17.	Effect of approval as ELNO
Sub-clause (1) permits a person approved as an ELNO under clause 15 to provide and operate an ELN in accordance with the approval.
Sub-clause (2) provides that sub-clause (1) operates subject to clause 19 (need for renewals) and clause 20(revocations and suspensions).
Sub-clause (3) sets out performance of functions as an ELNO is not and does not represent the NT and is not an agent of the NT.
Sub-clause (4) sets out approval of a person as an ELNO does not restrict or prevent the provision, by that person, of services additional to those provided by the ELN.
Clause 18.	ELNO required to comply with operating requirements
This clause requires a person approved as an ELNO to provide an ELN must comply with the operating requirements (see clause 22).
Clause 19.	Renewal of approval as ELNO
Sub-clause (1) provides for the renewal of approval as an ELNO if Registrar is satisfied the person meets the qualifications for approval set out in the operating requirements.
Sub-clause (2) provides the approval must be in writing and must state the period for which the renewal is to have effect.
Sub-clause (3) provides the power for the Registrar to attach conditions to an approval or to vary or revoke conditions.
Clause 20.	Revocation or suspension of approval as ELNO
This clause permits the Registrar to revoke or suspend the approval of a person as an ELNO
Clause 21.	Monitoring of activities in ELN
Sub-clause (1) permits the Registrar to monitor activities in an ELN.
Sub-clause (2) sets out this clause, does not limit Division 5, namely, compliance examinations.
Division 3 – Operating requirements and participation rules
Clause 22.	Operating requirements for ELNOs
Sub-division (1) enables the Registrar to determine, in writing, requirements in relation to the operation of an ELNO and the provisions and operations, by an ELNO, of an ELN (operating requirements).
Sub-clause (2) sets out the operating requirements to include provisions (without limitation).  These provisions relate to:
(a) financial standing;
(b) compliance with the participation rules including (without limitation) the use of a participation agreement when authorising persons to use an ELN and requiring participation agreements to incorporate the participation rules;
(c) the technical and operational requirements for an ELN, insurance cover to be held by the ELN; 
(d) circumstances in which Registrar may suspend or revoke the approval of  a person as an ELNO; and 
(e) the giving of directions to an ELNO by the Registrar.
Clause 23.	 Participation rules
Sub-clause (1) defines participation rules as rules relating to the use of an ELN which the Registrar may determine in writing.
Sub-clause (2) sets out the participation rules to include provisions (without limitation) to relate to:
(a)	the eligibility criteria for subscribers;
(b)	obligations of subscribers including (without limitation), any representations or warranties they are required to give;
(c)	circumstances in which subscriber’s authority to use the ELN may be restricted, suspended or terminated;
(d)	client authorisations;
(e)	obligations of subscribers to verify the identify of their clients;
(f)	certifications of registry instruments and other documents for use in connection with the ELN; 
(g)	digital signing;
(h)	retention of documents created or obtained in connection with a subscriber’s use of ELN; and 
(i)	compliance by subscribers with the participation rules, including (without limitation) how subscriber’s demonstrate compliance with the rules, the procedures for notifying non-compliance and how non-compliance may be remedied.
Clause 24.	Registrar to have regard to nationally agreed model operating requirements and participation rules
Sub-clause (1) defines model provisions as any model operating requirements or model participation rules from time to time developed and published by ARNECC.
Sub-clause (2) in determining operating requirement and participation rules under this Law, and determining changes to those requirement or rules, the Registrar must have regard to the desirability of maintaining consistency with any model provisions.
Clause 25.	Publication of operating requirements and participation rules
Sub-clause (1) requires the Registrar to ensure that copies of the current operating requirements and participation rules, and superseded versions, are publicly available. 
Sub-clause (2) requires the operating requirements and participation rules, and any changes to either of them, must be made publicly available at least 20 days before the operating requirements or participation rules or, as the case requires, the changes to them take effect.
Sub-clause (3) sets out if an emergency situation exists the Registrar if satisfied, can change the operating requirements or participation rules which can take effect within a shorter period (including immediately on being made publicly available).
Sub-clause (4) the consideration of the Registrar sets out when an emergency situation exists because of an event or the existence of particular circumstances, the operation, security, integrity or stability of an ELN or is likely to jeopardise the land titles register or the land titles system. 
Sub-clause (5) provides for documents publicly made available in accordance with this section in any manner the Registrar considers appropriate, including (without limitation) by means of a website.
Sub-clause (6) provides for a superseded version of the operating requirements or participations rules (other than the most recently superseded version) is to be made publicly available only on request of the Registrar.
Clause 26.	Subscribers required to comply with participation rules
Sub-clause (1) a subscriber who is authorised under a participation agreement to use an ELN must comply with the participation rules relating to that ELN.
Sub-clause (2) sets out if the subscriber contravenes those participation rules, the Registrar may restrict, suspend or terminate the subscriber’s use for the ELN or if the ELNO operates the ELN, can direct the ELNO to restrict, suspend or terminate the subscriber’s use of the ELN.
Sub-clause (3) sets out that sub-section (2) does not limit or affect any right, power, authority or remedy that the Registrar or an ELNO has under the operating requirements, the participation rules, a participation agreement or any other law of this jurisdiction in relation to contravention of the participation rules.
Clause 27.	Waiving compliance with operating requirements or participation rules
Sub-clause (1) allows the Registrar to waive compliance with all or any provisions of the operating requirements or participation rules if Registrar is satisfied, the waiver is reasonable in all circumstances.
Sub-clause (2) a waiver may 
(a)	be total or partial; and
(b)	apply generally to all persons, or limited in application to particular persons or particular classes of persons; and 
(c)	apply generally or be limited in its application by reference to specified exceptions or factors; and 
(d)	apply indefinitely or for a specified period; and 
(e)	be unconditional or subject to conditions or restrictions.
Division 4 – Appeals
Clause 28.		Appeal against decisions of Registrar

Sub-clause (1) defines an appellable decision requiring the Registrar to provide in writing the grounds for the decision, namely for:

(a)	refusing to approve the person as a ELNO;
(b)	refusing to renew the person’s approval as an ELNO;
(c)	suspending the person’s approval as an ELNO
(d)	revoking the person’s approval as an ELNO
(e)	attaching a condition to the person’s approval as an ELNO, or vary or revoke a condition  of the person’s approval as an ELNO, if the attachment, variation or revocation of the condition is done without the person’s agreement;
(f)	restricting, suspending or terminating the person’s use, as a subscriber, of an ELN operated by the Registrar;
(g)	directing an ELNO to restrict, suspend or terminate the person’s use, as a subscriber, of the ELN operated by the ELNO.
Sub-clause (2) provides that a person subject of an appellable decision and who has received written grounds for the decision from the Registrar may appeal against decision to the responsible tribunal  (in the case of the NT, the Supreme Court of the Northern Territory)

Clause 29.	Determination of appeal
Sub-clause (1) provides that after hearing the appeal the responsible tribunal (in the case of the NT, the Supreme Court of the Northern Territory) may confirm or amend the appellable decision or substitute another decision for the appellable decision.

Sub-clause (2) provides that in amending or substituting the appellable decision, the responsible tribunal has the same powers as the Registrar under this Law.
Clause 30.	Costs
Sub-clause (1) provides for the awarding of costs on appeal by the responsible tribunal.
Sub-clause (2) states this clause does not apply if the responsible tribunal has power under another law of this jurisdiction to make a cost order for proceedings under this Division.
Clause 41.	Relationship with Act establishing responsible tribunal
This clause makes it clear that the proposed Division applies despite any Act that establishes or continues the responsible tribunal, but does not otherwise limit such an Act or any rules, regulations or other instrument regulating the practice or procedure of the responsible tribunal.
Division 5 – Compliance examinations
Clause 32.	Definitions
This clause defines and makes it clear that the Division extends to former ELNOs and former subscribers.
Clause 33.	Compliance examinations
This clause enables the Registrar to conduct investigations (compliance examinations) in relation to ELNO or for the purposes of ascertaining whether or not the operating requirements and participation rules are being complied with, or investigating any suspected misconduct with respect to the use of an ELN.

Clause 34.	Obligation to cooperate with examination
Sub-clause (1) sets out the requirement of an ELNO or subscriber needs to cooperate with a compliance examination to ensure for a proper compliance examination.
Sub-clause (2) sets out an ELNO or subscriber must comply with any reasonable requirement by person conducting examination, namely, to furnish specific information or to produce specified documents or to take specified action for the purpose of the compliance examination.
Sub-clause (3) provides that if a ELNO fails, without reasonable excuse, the Registrar may take authorised action and which is considered appropriate, taken under the operating requirements and may include (without limitation), the suspension or revocation of the ELNOs approval. 
Sub-clause (4) provides that if a Subscriber fails, without reasonable excuse, the Registrar may take any action authorised and which is considered appropriate, taken under the operating requirements, the participation rules or the land titles legislation.
Sub-clause (5) sets out for the purpose of sub clause (3) and (4), it is not reasonable for a person to fail to give information, answer a question, produce a document, that giving the information, answering the question or producing the document, may tend to incriminate the person or make the person liable to penalty.
Sub-clause (6) sets out information that is not admissible as evidence against an individual in a criminal proceeding, namely, information directly or indirectly provided, answer or document (other than a document which sub-clause (7) applies) given by the individual which compiles with a response or requirement under this clause. 
Sub-clause (7) provides a document produced in compliance with a requirement made under this clause is not inadmissible in evidence in a criminal proceeding against the individual on the ground that the document may incriminate the individual, if the document is required under this Law, land titles legislation, operating requirements or the participation rules.
Sub-clause (8) provides sub-clause (6) does not apply in a proceeding to false or misleading information, answer or document or in which the false or misleading information, answer or document is relevant evidence.
Clause 35.	Registrar may refer matter to appropriate authority
Sub-clause (1) defines an appropriate authority as a person, body or organisation empowered by a law of this jurisdiction or another State or the Commonwealth to take investigatory, disciplinary or other action. 
Appropriate authority can include a law enforcement agency and a regulatory or disciplinary body for persons engaged in any profession, occupation or business.
Sub-clause (2) allows the Registrar, instead of conducting a compliance examination or during or after the conduct of a compliance examination, to refer a matter to an appropriate authority.
Sub-clause (3) sets out that once the Registrar refers a matter to appropriate authority there is no further actionable obligation remaining on the matter in regards to the Registrar.
Clause 36.	Land titles legislation not limited
This clause makes it clear that the Division does not limit any provisions of the land titles legislation that also authorises investigations, inquiries or examinations.
PART 4 – MISCELLANEOUS
Division 1 – Delegation
Clause 37.	Delegation by Registrar
This clause permits the Registrar to delegate functions to any other person under the power conferred by clause 21 or to any function under Division 5 of Part 3.

Division 2  - Liability of Registrar
Clause 38.	Registrar not obliged to monitor ELN or conduct compliance examination
This clause makes it clear that the Registrar is not obliged to monitor activities under clause 21 in an ELN or to conduct compliance examinations.
Clause 39.	No compensation
This clause provides that no compensation is payable for things done or omitted in good faith in connection with the monitoring of activities in an ELN under clause 21, or the conduct of compliance examinations under Division 5 of Part 3, including (without limitation) decisions not to monitor activities, not to conduct a compliance examination, as to how activities are to be monitored or how compliance examination is to be conducted.
Clause 40.	Registrar not responsible for additional services provided by ELNO
This clause makes it clear that the Registrar is not responsible for the regulation or operation of any services provided by an ELNO that are additional to the ELN.
Division 3 – Relationship with other laws
Clause 41.	Other laws relating to electronic transactions not affected
This clause makes it clear that this Law is in addition to and not in substitution for the laws of this jurisdiction relating to electronic transactions or for the use of electronic documents for purposes of land title legislation.
Clause 42.	Powers may be exercised for purposes of this law
This clause provides that a power conferred by the land title legislation to make an instrument of a legislative or administrative character, or to do any other thing, extends to making instruments, or doing other things, for the purposes of this Law.
SCHEDULE  – MISCELLANEOUS PROVISIONS RELATING TO INTERPRETATION
The Schedule to this Appendix provides the uniform interpretation provisions of a kind usually contained in the Interpretation Act of a State or Territory.  This type of provision is standard for national scheme legislation and ensures consistency in interpretation amongst the participating jurisdiction.