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National Electronic Conveyancing a step closer - New Verification of Identity policy proposed in South Australia – How it compares to provisions in other jurisdictions


The Australian Registrars National Electronic Conveyancing Council (ARNECC) was established in 2010 to facilitate the implementation and ongoing management of the regulatory framework for the National Electronic Conveyancing (NEC) system and to ensure a consistent national approach in the regulation of electronic conveyancing.            

Written by

Hunt & Hunt 



 

 

In preparation for the introduction of the NEC, South Australia is proposing to introduce Verification of Identity (VOI) requirements from 1 July 2013. This follows New South Wales and Western Australia implementation of VOI procedures on 1 November 2011 and 1 January 2013 respectively. Queensland’s VOI provisions are included in the Department of Natural Resources and Mines Land Title Practice Manual issued under section 286A(2)(c) of the Land Act 1994 (QLD Land Title Practice Manual) and have been in place for some time ( 2005). These are currently being reviewed. Draft VOI rules for South Australia have been released for consultation and a copy of the rules can be accessed here.

Submissions on the rules may be made by 31 May 2013 and can be emailed to LSBRProgram@sa.gov.au.

The Model Participation Rules drafted by the ARNECC have also been updated with its most recent version being released in April 2013. A copy this version can be accessed here.

The rules specify a verification of identity standard, however mortgagees are able to adopt a different standard provided they are satisfied reasonable steps have been taken to identify the mortgagor.

Due to this flexibility, differences exist between the VOI standards adopted or proposed by each state. No formal VOI policy has been introduced in VIC, TAS, NT and the ACT at this time.

In brief, New South Wales’ VOI provisions are similar to those of Queensland, while South Australia is proposing to adopt a more onerous VOI standard similar to that of Western Australia.

In Queensland and NSW, mortgagees are required to take “reasonable steps” to confirm the identity of the mortgagor. “reasonable steps” will be considered to be taken:

  • NSW: if a mortgagee complies with the steps required under the Commonwealth Anti-Money Laundering and Counter- Terrorism Financing Act 2006 (AML/CTF Act)
  • Queensland: if a mortgagee complies with the practices contained in the QLD Land Title Practice Manual to the extent they may reasonably apply. (These reflect the “100 points identification” provisions under the Financial Transaction Reports Act 1988 and the Financial Transaction Reports Regulations 1990).

Compared to WA and South Australia, in Queensland and NSW:

  • there is no separate identity standard that applies to documents executed in a foreign country; and
  • there is no requirement for a visual identification of the mortgagor.

NSW is the only state that is not required to complete a certificate certifying confirmation of the identity of the mortgagor or to provide a separate statement to the Registrar General.

A summary of the differences between the VOI standards in Western Australia, South Australia, New South Wales and Queensland is contained in the table we prepared click here.

Please see the update to this newsletter and new VOI table Click here

Contact us

Penny Cable, Sydney +61 2 9391 3160 pcable@hunthunt.com.au
Jill Milburn, Sydney +61 2 9391 3142 jmilburn@hunthunt.com.au
Richard Williams, Melbourne +61 3 8602 9218 rwilliams@hunthunt.com.au
Neville Debney, Melbourne +61 3 8602 9253 ndebney@hunthunt.com.au
Mary Nemeth, Melbourne +61 3 8602 9258 mnemeth@hunthunt.com.au
Rick Harley, Adelaide +61 8 8414 3373 rharley@hunthunt.com.au
Darren Miller, Perth +61 8 9488 1318 darren.miller@culshawmiller.com.au
Marcus Easthope Perth +61 8 9488 1300 marcus.easthope@culshawmiller.com.au
Antony Logan, Hobart +61 3 6231 0131 alogan@hunthunt.com.au

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