Sunday, October 28, 2007

Mr Ruddock, we need a referendum.

What if the States do not resolve their impasse over a uniform national approach to electronic conveyancing?

Will you support a referendum to bring matters of property within Federal jurisdiction, which are currently state controlled matters?

We understand you do support a national approach with quotes such as -

"The same jealousies that resulted in different rail-gauge widths in the 19th century are sabotaging a national electronic conveyancing system in the 21st century," Mr Ruddock said.

"I have been pressing for the states and territories to focus on the need for a national electronic conveyancing system for some time. A national electronic conveyancing system would remove red tape for business and lower costs for home buyers."


It is simple - Australia has eight separate land registries, eight different conveyancing and property laws, eight different scales of land transfer duties, land registry fees and land tax. There is no uniform approach to conveyancing, planning, survey, vendor disclosure and taxation

At least in the UK, England and Wales have a single land registry system, which will support the introduction of uniform single electronic conveyancing standard. This year, 2007, the UK have introduced a uniform standard to vendor disclosure which includes a energy efficiency (think of the climate change debate) and building inspection report. And they will over time roll out electronic conveyancing unimpeded by parochial state or county rules.

Australia would benefit hugely and immeasurably from property laws being centrally and Federally controlled. This country could have

* a single property register
* uniform property codes
* uniform conveyancing laws
* uniform property transfer fees - stamp duty on transfer and land registration
* uniform taxation of land - land tax, CGT, GST, income tax and negative gearing
* uniform vendor disclosure on the sale of property
* uniform laws for estate agents
* uniform survey regulations
* uniform approach to planning with local input


We already have a common unified approach to GST and CGT on property. We also have the Uniform Credit Code. This needs to be extended to all matters pertaining to property.

Only the States stand in the way of a single unified approach to property laws, management and taxation - and the States would never ever support transferring their current rights. By heck they would lose the right to tax it as they see fit.

What is the Federal government's view?

My personal view is let the people cast their vote. Just maybe the people can see the wisdom for change.

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