Wednesday, February 13, 2008

Transfer of Land (Electronic Transactions) Act 2004

EC's legislative framework stems from the amendments to the Transfer of Land Act 1958. In reviewing the functionality of EC many of its features are a direct result of the changes mandated. The summary of changes are -

PART 2—AMENDMENTS TO THE TRANSFER OF LAND ACT 1958
3. Definitions
4. New section 27AB inserted
27AB. Verification of identity
5. Instruments in duplicate and triplicate
6. New Part IIIA inserted
PART IIIA—ELECTRONIC INSTRUMENTS
44A. Restriction on lodgement of electronic instruments
44B. Registrar may provide electronic lodgement network
44C. Agents for lodging electronic instruments must be eligible persons
44D. Powers of Registrar
44E. Duty of Registrar in relation to priority of electronic instruments
44F. Notification of registration
44G. Evidence of registration of electronic instrument
44H. Electronic lodgement network malfunction
44I. Destruction of certificate of title
44J. Registrar may require production of documents
44K. Registrar may specify matters to be certified
44L. Evidence of electronic instruments
44M. Electronic certification of electronic instrument
44N. Registrar may deal exclusively with responsible party

Link to a word version of the Act.
These changes are now formally coded as part of the Transfer of Land Act 1958

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