(1) To avoid doubt, for the purposes of this Chapter (in particular, the
definition of
"mortgage" ), an
"instrument" includes any electronic registry instrument.
(2) An
electronic mortgage is taken to be first executed when it is first digitally
signed by the mortgagee (including if it is digitally signed by a subscriber
signing for the mortgagee under the Electronic Conveyancing National Law (NSW)
).
(3) A counterpart of an electronic mortgage in respect of which mortgage
duty has been paid may be stamped or upstamped for mortgage duty by the Chief
Commissioner, or by another person under an arrangement referred to in
section 289A, as if it were the mortgage.
(4) In this section--
"electronic mortgage" means a mortgage in a form in which it can be lodged
electronically under the Electronic Conveyancing National Law (NSW) .
