Authority update VIC: Dates for electronic and paper transactions

6 November 2017 

Survivorship application functionality will be available in PEXA.

1 December 2017

  • All stand-alone caveats and withdrawals of caveat signed on or after 1 December 2017 must be lodged using the Electronic Lodgment Network (PEXA). 
    This requirement applies to conveyancers and lawyers acting for a party or themselves and PEXA Subscribers
  • Non-authorised deposit-taking institutions (non-ADIs) standalone discharges of mortgage, standalone mortgages and refinance transactions signed on or after 1 December 2017 must be lodged using the Electronic Lodgment Network (PEXA). 
    This requirement applies to conveyancers and lawyers acting for a non-ADI and non-ADIs who are PEXA Subscribers.

31 December 2017 

Certifications 

  • Transition period for accepting forms not containing certifications ends on 31 December 2017. 
  • All forms signed on or after 1 January 2018 lodged for registration must be the new forms that include certifications. 
  • When a conveyancer or lawyer represents a party in the transaction, the form must: 
    o be signed on behalf of the party by the conveyancer or lawyer
    o contain the certifications required by the Registrar's requirements for paper conveyancing transactions. 
  • Non-compliant forms will not be accepted. 

National Mortgage form (NMF)

  • Transition period for the national mortgage form (NMF) end
  • All Mortgages lodged after this date must be set out on the new for
  • Client Authorisations and forms not containing Certifications ends.

Client Authorisation

  • Transition period for the client authorisation form ends
  • Where a client is a party to an instrument or other document and is required to sign that instrument, their representative must sign that instrument or document on behalf of the client.
  • The representative must comply Client Authorisation and act in accordance with its terms.
  • The Client Authorisation must be signed and retained by the representative for seven years, except for a Caveat or Priority Notice where a Client Authorisation is optional

February 2018

  • Transmission application functionality will be available in PEXA.
  • Next round of bulk conversion of paper CTs (pCTs) to electronic CTs (eCTs) in February 2018. 
    This round of conversion is only available to authorised deposit-taking institutions (ADIs). LUV proposes that the conversion will be based on the first mortgagee on title being equal to the legal entity name or known and agreed former names. For more information and to register interest in the next bulk conversion please contact: Paul Major T: 03 9194 0341 E: paul.major@delwp.vic.gov.au by the 17th November

1 March 2018 

  • All survivorship applications and standalone transfers must be lodged electronically. 
    This requirement applies to conveyancers and lawyers acting for a party or themselves and PEXA Subscribers.
    1 October 2018 
  • All combinations of transactions available in PEXA to be lodged electronically. Examples include a case comprising a withdrawal of caveat, discharge of mortgage, transfer and mortgage. 
    This requirement applies to conveyancers and lawyers acting for a party or themselves and PEXA Subscribers.

1 August 2019

  • All transactions to be lodged electronically. This requirement applies to conveyancers and lawyers acting for a party or themselves and PEXA Subscribers.
    The exception will be when there is an existing paper instrument that has been signed prior to the date when electronic lodgment of that particular class of instrument or transaction is required.

Entitlement to sign registry instruments

The Australian Registrars' National Electronic Conveyancing Council (ARNECC) has published Entitlement to sign Registry Instruments, based on advice provided by practitioner regulators. The document is available at www.arnecc.gov.au/resources/guidance-practitioner-regulators. 

For conveyancers in Victoria, Consumer Affairs Victoria has determined that a licensed conveyancer and a non-practitioner employee of a licensed conveyancer may execute an instrument on behalf of a client. In the drop-down list of signing options in paper forms, select either 'Licensed Conveyancer' or 'Conveyancing Practice'.

For lawyers in Victoria, the Victorian Legal Services Board/Commissioner has determined that only an Australian Legal Practitioner (ALP) or a licensed conveyancer employed by an ALP can execute instruments on behalf of a client. A non-practitioner employee of an ALP cannot sign. In the drop-down list of signing options in paper forms, select 'Australian Legal Practitioner' or 'Licensed Conveyancer'.

Ordering plan numbers for plans of subdivision, plans of consolidation and title plans

Since Land Use Victoria's move to 2 Lonsdale Street, the process for ordering plan numbers for plans of subdivision (PS), plans of consolidation (PC) and title plans (TP) has changed.

Requests for plan numbers must be emailed to subdivision.branch@delwp.vic.gov.au.

The email request needs to include:

  • the surveying firm or organisation making the request
  • the requester's customer code
  • the type of plan numbers being requested
  • the quantity of plan numbers require
  • the requester's contact name and phone number so that our cashiers can make contact to finalise payment.

Payment for PS and PC numbers will be made by credit card over the phone. Please do not include credit card details in the email, Land Use Victoria (LUV) cannot accept written down credit card details (to comply with the Payment Card Industry Data Security Standards). 

TP numbers will continue to be issued at no charge. 

For further enquiries, please email subdivision.branch@delwp.vic.gov.au.

Reserve with 'purpose' on a plan of subdivision 

A plan of subdivision that creates a reserve sometimes shows a 'purpose' attached to it (e.g. 'Drainage Reserve No.1'). 

It is Land Use Victoria's preference that reserves are only ever identified on the plan by the parcel description (e.g. Reserve 1). This is because when a plan of subdivision is registered, the folio for the reserve parcel will only ever be issued as 'Reserve', followed by the parcel number.

If any other purpose is added to the plan at the insistence of the council or referral authority, it can cause issues once the plan is lodged with Land Use Victoria (LUV).

The definition in Section 3 of the Subdivision Act provides for three uses of a reserve:

  • as public open space
  • for the use of a public authority
  • for the use of a council.

Land Legislation Amendment Act 2017

The Transfer of Land Act 1958, the Subdivision Act 1988 and the Valuation of Land Act 1960 have been amended by the Land Legislation Amendment Act 2017 (the amending Act), which commenced operation on 20 September 2017. 

Customers are encouraged to read the amending Act to fully understand the new provisions.

For more information see CIB 171 or for location and contact details, go to www.propertyandlandtitles.vic.gov.au/contact-us

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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.