The NSW Registrar General determines both the NSW Operating Requirements and NSW Participation Rules for electronic conveyancing under section 22 and section 23 respectively of the Electronic Conveyancing National Law (NSW).
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, a Registrar General (or equivalent) in each respective jurisdiction may grant a waiver from compliance with any of their jurisdiction’s Operating Requirements and Participation Rules where it is considered reasonable to do so under the circumstances. See the NSW Operating Requirements Waivers and NSW Participation Rules Waivers.
Model Operating Requirements and Model Participation Rules have been determined by ARNECC for promulgation by each Registrar. These only come into effect in each Australian jurisdiction when made as Operating Requirements in accordance with Section 22 and Participation Rules in accordance with Section 23 of the Electronic Conveyancing National Law by the Registrar General (or equivalent) in each respective jurisdiction.
ARNECC publishes Guidance Notes on the Operating Requirements and aspects of the Participation Rules to assist in understanding what is expected in complying with the Registrar’s Operating Requirements and Participation Rules in each jurisdiction.
Go to the ARNECC website for publications from all jurisdictions.