law gavel hammer
Photo – Canva. National body for conveyancing makes recommendations for changes in law.
  • SA follows NSW with changes to operating and participation rules
  • Widespread cybersecurity upgrades required
  • Character and reputation requirements also changed

Following closely behind New South Wales, South Australia recently announced changes to the state’s conveyancing laws.

The operating rules (OR) and participation rules (PR) have both been updated in accordance with the suggestions recently produced by a national body.

The Australian Registrars’ National Electronic Conveyancing Council (ARNECC) published their “Version 6” of the conveyancing law changes recently, and stated that they would come into effect on 12 April 2021.

Like New South Wales, which announced its changes last week, South Australia has based the new operating and participation rules on the model rules presented by the ARNECC.

The changes replace “version 5” of South Australia’s operating and participating rules, with the new rules including a host of changes to ensure higher security for the electronic lodgement process.

Alongside increased testing requirements for ELNO, Land Services South Australia also stated that there would also be changes to:

  • Good character and reputation requirements,
  • Enhanced integration requirements for ELNO systems,
  • updated and strengthened cybersecurity,
  • “additions to Business Name requirements”, and
  • removal of Subscriber as Attorney provisions.

In a statement, Land Services also noted the Waiver No. OR 5/2019 will expire as well.

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This is article does not contain legal advice nor does it purport to represent legal advice. Any mentions about law and changes to the law are general only. Please see the relevant authority for details on MORs and MPRs, or seek professional legal advice.

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