AST ACT GVT Interoperability Waiver


On Feb. 27, AST ACT GVT waived operating requirements for ELNOs.


  • AST ACT GVT issued the instrument Electronic conveyancing national law (ACT) waiver OR 1/2024 – operating requirements, which is aimed at partially waiving certain interoperability requirements for electronic lodgment network operators (ELNOs).
  • Follows AST ACT GVT Oct. 2023 issued bulletin on Land Title Office issues, #190313.
  • Document dated Feb. 27, 2024, received from ACT GVT Feb. 29, summarized Mar. 1.
  • Waiver
  • Instrument allows Registrar to waive compliance with specific operating requirements. Under Electronic conveyancing national law waiver ECNL 1/2022 - interoperability requirement, all ELNOs approved under section 15 of Electronic conveyancing national law (ACT) had a total waiver of obligation to comply with interoperability requirement.
  • New operating requirements introduce changes re interoperability that do not work in circumstances where the waiver ECNL 1/2022 is still in effect, so OR 1/2024 issued.
  • ELNOs must adhere to operating requirements outside of the ones specifically waived.
  • Effectiveness
  • The waiver takes effect from Mar. 28, 2024 and will remain in place it is revoked.
  • Nov. 2024 AST ACT GVT Second Waiver
  • On Nov. 4, 2024, AST ACT GVT issued the instrument Electronic conveyancing national law (ACT) waiver OR 2/2024 – subscriber identity verification standard, modifying the specified subscriber identity verification requirements for ELNOs; changes needed.
  • Following the termination of an Identity Agent service for subscriber verification.
  • Allows ELNOs to use Participation rules identity verification instead of Operating requirements where the Identity Agent complies with insurance requirements.
  • Agent uses verification of identity standard and agent provides proper certification.
  • When not using Identity Agents, ELNOs must still comply with original Operating Requirements; subscribers prohibited from categories 5 and 6 verification methods.
  • In addition, ELNOs cannot accept certifications based on categories 5 and 6 methods.
  • The waiver takes effect from Nov. 29, 2024, and will remain in place until it is revoked.

Regulators AST ACT GVT
Entity Types Corp; Fiduciary; IB; Ins
Reference Stln OR 2/2024, 11/4/2024; StIn OR 1/2024, 2/27/2024;
Functions Compliance; Financial; Legal; Operations; Registration/Licensing
Countries Australia
Category
State
Products Corporate; Equity; Insurance; Mortgage
Regions AP
Rule Type Final
Rule Date 2/27/2024
Effective Date 11/29/2024
Rule Id 202833
Linked to Rule :190313
Reg. Last Update 11/4/2024
Report Section International

Last substantive update on 11/06/2024