Authority Updates - South Australia - July 2016

Transitional Arrangements for Electronic Conveyancing Requirements

The introduction of the Real Property (Electronic Conveyancing) Amendment Bill 2016 (the Bill) will significantly change conveyancing practices in South Australia.

The Registrar-General will deal with work in progress by establishing a transition period of four (4) months for full compliance with the new conveyancing requirements. 

During the transition period dealings must fully comply with either; 

  • The existing legislative requirements in place prior to the commencement of the Bill
  • The new legislative requirements introduced with the commencement of the Bill; or 
  • A combination of the above (hybrid). 

The lodgement of Mortgage and Discharge of Mortgage dealings in the existing form is extended to 12 months. 

The below information has been developed to assist the industry during the transition period: 

1. New LTO Forms 

The Lands Titles Office (LTO) Forms have been updated to reflect the legislative changes. These forms, which are now in editable PDF format, are being published incrementally and can be found at SA LTO forms.

The existing LTO Forms Online application and Division forms listing will be decommissioned in the near future. 
During the transition period, dealings can be lodged with the LTO in either the existing or new format, however practitioners will need to ensure these dealings fully comply 

In such circumstances, either the new certifications or existing executions/witnessing will need to be securely attached to the dealing in the form of an annexure. Four new blank transitionary annexures have been created to assist clients when producing hybrid forms:

Form Prefix 

Form Description 

 BT1Blank annexure with new certifications for the Applicant
 BT2Blank annexure with new certifications for the Transferor/Transferee    
 BT3Blank annexure with old execution for the Applicant; and 
Verification of Identity and 'correct for the purposes of the Real Property Act 1886' certification statements for the practitioner 
 BT4 Blank annexure with old execution for the Transferor/Transferee; and 
Verification of Identity and 'correct for the purposes 

2. Client Authorisation 

In order for practitioners to deal with work in progress, dealings executed by the party - rather than signed by the practitioner under Client Authorisation - will be accepted during the transition period. 
When executing a dealing pursuant to a Client Authorisation, practitioners will need to fully comply with the new legislative requirements and give certifications regarding: 

  • Verification of Identity;
  • Client Authorisation; 
  • Evidence retention; and 
  • Correctness and compliance of the dealing with relevant legislation and any Prescribed Requirements. 

3. Verification of Identity Requirements (VOI) 

The scope of dealings for which Verification of Identity Requirements will apply will depend on whether clients deal with the conveyancing transaction under the existing or new legislative requirements. 

Version 3 of the Verification of Identity Requirements has been published, which includes the use of Client Authorisations and a broader scope of transactions. 

Version 2 of the VOI requirements only applied to Transfers, Mortgages, Transmission Applications, Applications to Register Death and Applications for Substituted Certificates of Titles or Crown Leases. 

4. Verification of Authority Guidelines (VOA) 

The Verification of Authority guidelines have been published and, although practitioners can lodge dealings under the existing requirements, where compliance with VOA is not compulsory it is considered prudent practice for practitioners to verify their client's authority to enter into the transaction in any case.

5. Duplicate Certificates of Title and Lessee's Copies of Crown Leases 

All duplicate Titles and Crown Leases will be invalid from the date the Bill commences. From this date: 

  • The LTO will no longer issue duplicate Titles and Crown Leases;
  • Duplicate Titles and Crown Leases are not required to be produced to the LTO; and
  • Duplicate Titles and Crown Leases which are lodged into the LTO will be securely destroyed. 

6. Mortgages and Discharges

During the 4 month transition period, Mortgage and Discharge of Mortgage dealings may be lodged into the LTO in either the existing or new format. 

During the 8 months immediately following the initial transition period, Mortgage and Discharge of Mortgage dealings will continue to be accepted in the existing format, however signing “Certified correct for the purposes of the Real Property Act 1886” will be taken by the Registrar-General to represent that the certifier has complied with the new legislative requirements.

Post the 4 month transition period, Mortgagors will no longer be able to certify Discharge of Mortgage dealings. Parties that can certify these dealing will be the Mortgagee, Registered Conveyancer or Legal Practitioner.

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.