Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Transfer of Land (Electronic Transactions) Act
2004
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE TRANSFER OF LAND ACT
1958 3
3. Definitions 3
4. New section 27AB inserted 3
27AB. Verification of identity 3
5. Instruments in duplicate and triplicate 4
6. New Part IIIA inserted 4
PART IIIA--ELECTRONIC INSTRUMENTS 4
44A. Restriction on lodgement of electronic instruments 4
44B. Registrar may provide electronic lodgement network 5
44C. Agents for lodging electronic instruments must be
eligible persons 6
44D. Powers of Registrar 7
44E. Duty of Registrar in relation to priority of electronic
instruments 8
44F. Notification of registration 8
44G. Evidence of registration of electronic instrument 9
44H. Electronic lodgement network malfunction 9
44I. Destruction of certificate of title 10
44J. Registrar may require production of documents 10
44K. Registrar may specify matters to be certified 11
44L. Evidence of electronic instruments 11
44M. Electronic certification of electronic instrument 12
44N. Registrar may deal exclusively with responsible party 12
7. Regulations 13
8. Statute law revision 13
i
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Clause Page
PART 3--AMENDMENTS TO OTHER ACTS 14
9. Amendment to the Instruments Act 1958 14
Victorian Legislation and Parliamentary Documents
10. Amendment to the Property Law Act 1958 14
ENDNOTES 15
ii
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 31 March 2004
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Transfer of Land Act 1958 to provide for the
lodgement and registration of electronic instruments and to amend the
Instruments Act 1958 and the Property Law Act 1958 and for other
purposes.
Transfer of Land (Electronic
Transactions) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Transfer of Land Act 1958--
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
1
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 1--Preliminary
s. 2
(i) to provide for the lodgement and
registration of electronic instruments;
and
Victorian Legislation and Parliamentary Documents
(ii) to empower the Registrar to require
5 verification of identity before
registering an instrument under that
Act; and
(b) to amend section 126 of the Instruments
Act 1958 to remove any doubt as to the
10 application of the Electronic Transactions
(Victoria) Act 2000 to that section.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
2
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 3
PART 2--AMENDMENTS TO THE TRANSFER OF LAND
ACT 1958
Victorian Legislation and Parliamentary Documents
3. Definitions
See:
In section 4(1) of the Transfer of Land Act 1958 Act No.
5 insert the following definitions-- 6399.
Reprint No. 14
' "electronic instrument" means an instrument as at
1 January
that is an electronic communication within 2003.
the meaning of the Electronic Transactions LawToday:
www.dms.
(Victoria) Act 2000; dpc.vic.
gov.au
10 "electronic lodgement network" means the
electronic lodgement network referred to in
section 44B;'.
4. New section 27AB inserted
After section 27A of the Transfer of Land Act
15 1958 insert--
"27AB. Verification of identity
(1) The Registrar is not required to register an
instrument under section 27A if the Registrar
is not satisfied as to the identity of any
20 person by or on behalf of whom the
instrument was executed.
(2) The Registrar may require or permit the
identity of a person to be verified by a person
or body approved as a verifier for the
25 purposes of this section.
(3) The Registrar may, by notice published in
the Government Gazette, approve a person or
body or class of persons or bodies as a
verifier or verifiers for the purposes of this
30 section.".
3
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 5
5. Instruments in duplicate and triplicate
(1) Sections 35(1) and 35(2) of the Transfer of Land
Victorian Legislation and Parliamentary Documents
Act 1958 are repealed.
(2) After section 35(4) of the Transfer of Land Act
5 1958 insert--
"(5) Sub-sections (3) and (4) only apply to
instruments registered before the
commencement of section 5 of the Transfer
of Land (Electronic Transactions) Act
10 2004.".
6. New Part IIIA inserted
After Part III of the Transfer of Land Act 1958
insert--
'PART IIIA--ELECTRONIC INSTRUMENTS
15 44A. Restriction on lodgement of electronic
instruments
(1) The Registrar is not required to accept an
electronic instrument for registration under
this Act unless--
20 (a) the electronic instrument contains the
information required by the Registrar
and is in the form (if any) approved by
the Registrar; and
(b) the electronic instrument complies with
25 the prescribed requirements (if any);
and
(c) the electronic instrument is lodged in
the electronic lodgement network in the
manner required by the Registrar; and
30 (d) any relevant certificate required under
section 44K is lodged in the electronic
lodgement network; and
4
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 6
(e) the certificate of title for the land to
which the electronic instrument relates
has been surrendered to the Registrar;
Victorian Legislation and Parliamentary Documents
and
5 (f) the parties to the electronic instrument
have specified the person who is to be
the responsible party under this Part
(the responsible party) for the
registration of the electronic
10 instrument.
(2) The Registrar must publish notice in the
Government Gazette of any information,
form or manner of lodgement required by the
Registrar under this section.
15 44B. Registrar may provide electronic
lodgement network
(1) The Registrar may provide or cause to be
provided an electronic lodgement network
for the purpose of lodging electronic
20 instruments for registration under this Act.
(2) The Registrar may from time to time
determine requirements for the electronic
lodgement network, which may include--
(a) conditions of access to the electronic
25 lodgement network;
(b) requirements for the retention of
documents supporting or authenticating
electronic instruments, including
periods for retention;
30 (c) insurance requirements;
(d) any other prescribed matter.
(3) The Registrar must publish notice in the
Government Gazette of any requirements
determined under this section.
5
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 6
44C. Agents for lodging electronic instruments
must be eligible persons
Victorian Legislation and Parliamentary Documents
(1) A person (the agent) must not lodge an
electronic instrument for registration under
5 this Act on behalf of any person (the
principal) unless--
(a) the agent is an eligible person; and
(b) the principal has authorised the agent
by instrument in writing signed by the
10 principal to execute the electronic
instrument and lodge it for registration
on the principal's behalf.
(2) For the purposes of this section an "eligible
person" is--
15 (a) a current practitioner or interstate
practitioner within the meaning of the
Legal Practice Act 1996; or
(b) a person who holds insurance of a kind
and amount acceptable to the Registrar;
20 or
(c) a person who complies with any other
eligibility requirements determined by
the Registrar.
(3) The Registrar may at any time require
25 evidence of a person's eligibility or authority
to act as agent under sub-section (1).
(4) The Registrar may from time to time publish
details of--
(a) the kinds and amounts of insurance that
30 are acceptable for the purposes of this
section;
(b) the criteria for a person to be an eligible
person under sub-section (2)(c).
6
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 6
44D. Powers of Registrar
(1) If an electronic instrument is lodged for
Victorian Legislation and Parliamentary Documents
registration under this Act, the Registrar
may--
5 (a) refuse to register the instrument if, in
the opinion of the Registrar, the
electronic instrument--
(i) is not in the approved form (if
any); or
10 (ii) is incomplete; or
(iii) contains errors; or
(iv) is not completed correctly; or
(b) seek further information in respect of
the electronic instrument; or
15 (c) register the electronic instrument under
section 27A without issuing a
certificate of title; or
(d) register the electronic instrument under
section 27A and produce a certificate of
20 title under section 27B.
(2) Nothing in sub-section (1) affects any other
power of the Registrar to refuse registration
of an electronic instrument.
(3) Nothing in section 27B requires the Registrar
25 to produce a certificate of title in respect of
the registration of an electronic instrument.
(4) Nothing in this Part prevents the Registrar
from producing a certificate of title under
section 27B at any time after the registration
30 of an electronic instrument.
7
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 6
(5) If the Registrar refuses to register an
electronic instrument and the parties to the
electronic instrument wish to proceed with
Victorian Legislation and Parliamentary Documents
the relevant dealing, the Registrar may
5 require the relevant instruments to be
executed and lodged for registration in a
form other than an electronic
communication.
(6) Sections 104(3A) to 104(3D) do not apply in
10 relation to an electronic instrument registered
under section 27A.
44E. Duty of Registrar in relation to priority of
electronic instruments
The Registrar must ensure that an electronic
15 instrument lodged for registration is dealt
with in a manner that ensures that section 34
is complied with.
44F. Notification of registration
If the Registrar registers an electronic
20 instrument under this Act, the Registrar must
cause a notification of that registration to be
given to--
(a) the registered proprietor of the land or
that person's agent (if any); or
25 (b) the person nominated under section
44A(1)(f) as the responsible party in
respect of the electronic instrument or a
person nominated by that responsible
party.
8
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 6
44G. Evidence of registration of electronic
instrument
Victorian Legislation and Parliamentary Documents
(1) The Registrar must, on the application of any
person, produce a document in writing
5 recording information that was registered
and recorded on a folio as a result of an
electronic instrument.
(2) A document produced under sub-section (1)
must be certified by the Registrar as a true
10 representation of the information on the
folio.
(3) A document produced under this section is
not a certificate of title.
(4) A document produced under this section is--
15 (a) evidence of the matters contained in the
document; and
(b) conclusive evidence that the person
named in the document as the
registered proprietor of the land
20 described in the folio is the registered
proprietor of that land.
(5) An application under this section must be in
the appropriate approved form and be
accompanied by the prescribed fee (if any).
25 44H. Electronic lodgement network
malfunction
(1) The Registrar may amend the Register to
correct errors in the Register and supply
entries or recordings omitted to be made in
30 the Register under this Act if the error or
omission resulted from a malfunction of the
electronic lodgement network.
(2) The Registrar must keep a record of every
correction under sub-section (1).
9
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 6
(3) Every correction under sub-section (1) is to
have the same validity and effect as if the
error or omission had not occurred.
Victorian Legislation and Parliamentary Documents
44I. Destruction of certificate of title
5 (1) On the surrender of a certificate of title
pursuant to section 44A(1)(e), the Registrar
must either--
(a) destroy the certificate of title; or
(b) ensure that the certificate of title is
10 marked, stamped or otherwise rendered
unusable to support any further
transaction in relation to land.
(2) The Registrar may return a certificate of title
that has been rendered unusable to support
15 any further transaction in relation to land to
the registered proprietor of the land to which
that certificate of title relates.
(3) If a certificate of title has been surrendered
pursuant to section 44A(1)(e), the Registrar
20 must record in the relevant folio of the
Register--
(a) the fact that the certificate of title has
been surrendered; and
(b) whether or not a new certificate of title
25 has been issued for that folio under
section 27B.
44J. Registrar may require production of
documents
(1) For the purposes of this Act, the Registrar
30 may by notice in writing require any person
who has lodged, or proposes to lodge, an
electronic instrument in the electronic
lodgement network to produce any document
supporting or authenticating an electronic
35 instrument that is required to be retained
10
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 6
under any requirement determined by the
Registrar under section 44B(2)(b).
Victorian Legislation and Parliamentary Documents
(2) The person must comply with a requirement
under sub-section (1) within the period
5 (being not less than 14 days) specified in the
notice.
(3) If a person fails to comply with a notice
under sub-section (1), the Registrar may
terminate that person's access to the
10 electronic lodgement network.
44K. Registrar may specify matters to be
certified
The Registrar, by notice published in the
Government Gazette, may specify--
15 (a) any matters relating to an electronic
instrument that must be certified under
this Part; and
(b) the method of electronic certification
required for those matters; and
20 (c) the class or classes of person who may
certify those matters.
44L. Evidence of electronic instruments
(1) The Registrar must, on the application of any
person, produce a document in writing
25 recording information contained in an
electronic instrument that has been lodged
for registration under this Act.
(2) A document produced under sub-section (1)
must be certified by the Registrar as a true
30 representation of the information in the
electronic instrument.
(3) A document certified under sub-section (2) is
evidence of the matters contained in the
document.
11
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 6
(4) An application under this section must be in
the appropriate approved form and be
accompanied by the prescribed fee (if any).
Victorian Legislation and Parliamentary Documents
44M. Electronic certification of electronic
5 instrument
(1) The Registrar may produce in an electronic
form a representation of any electronic
instrument lodged in the electronic
lodgement network.
10 (2) The Registrar may certify the electronic
representation in any manner determined by
the Registrar.
(3) A representation of an electronic instrument
certified in accordance with this section is
15 evidence of the contents and nature of the
electronic instrument.
44N. Registrar may deal exclusively with
responsible party
If an electronic instrument is lodged in the
20 electronic lodgement network for registration
under this Act, the Registrar is only required
to deal with the person nominated under
section 44A(1)(f) as the responsible party for
the purposes of--
25 (a) requiring the person to submit any
documents, provide any information or
comply with any requisitions in relation
to the electronic instrument and the
relevant land;
30 (b) returning any documents lodged with
the Registrar in respect of the relevant
land or the electronic instrument;
(c) this Part in relation to the electronic
instrument.'.
12
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 7
7. Regulations
After section 120(2)(fe) of the Transfer of Land
Victorian Legislation and Parliamentary Documents
Act 1958 insert--
"(ff) requirements for electronic instruments for
5 the purposes of Part IIIA;
(fg) requirements for the electronic lodgement
network;".
8. Statute law revision
In section 40(2) of the Transfer of Land Act
10 1958, for "other the appropriate" substitute "other
appropriate".
__________________
13
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
PArt 3--Amendments to other Acts
s. 9
PART 3--AMENDMENTS TO OTHER ACTS
Victorian Legislation and Parliamentary Documents
See: 9. Amendment to the Instruments Act 1958
Act No.
6279.
At the end of section 126 of the Instruments Act
Reprint No. 10
1958 insert--
as at
1 January
5 "(2) It is declared that the requirements of sub-
2003 and
amending
section (1) may be met in accordance with
Act No.
the Electronic Transactions (Victoria) Act
75/2003.
LawToday:
2000.".
www.dms.
dpc.vic.
gov.au
See: 10. Amendment to the Property Law Act 1958
Act No.
6344.
10 (1) In section 75(2) of the Property Law Act 1958,
Reprint No. 10
for "This section" substitute "Sub-section (1)".
as at
12 August
(2) After section 75(2) of the Property Law Act
1999 and
amending
1958 insert--
Act Nos
74/2000,
"(3) The entitlement under sub-section (1) to
11/2001,
15 27/2001 and attestation of the execution of a conveyance
44/2001.
does not apply to an electronic instrument
LawToday:
www.dms. within the meaning of the Transfer of Land
dpc.vic.
Act 1958.".
gov.au
14
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
Transfer of Land (Electronic Transactions) Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
15
551117B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
[Index] [Search] [Download] [Related Items] [Help]