Authority Updates - Western Australia - June 2016

Mandate Lodgement Practices from 1 August 2016

Mandate Lodgement Practices for Certain Discharge and Mortgage Documents effective 1 August 2016

The Registrar of Titles determines these Requirements under section 182A of the TLA.

Commencing 1 August 2016:

1.1. A discharge of mortgage document, properly executed and lodged for registration with no other documents for the same certificate(s) of title, must be lodged by the mortgagee, or their conveyancer, lawyer or lodging agent.

1.2. A mortgage document properly executed and lodged for registration with no other documents for the same certificate(s) of title, must also be lodged by the mortgagee, or their conveyancer, lawyer or lodging agent.

1.3. A discharge document referred to at 1.1 must be lodged by the mortgagee or their conveyancer, lawyer or lodging agent through an Electronic Lodgement Network (ELN) such as Property Exchange Australia (PEXA), if the mortgagee to the discharge of mortgage document is an Authorised Deposit-taking Institution (ADI) as described in the Banking Act 1959 (Cth).

1.4. A mortgage document referred to at 1.2 must be lodged by the mortgagee or their conveyancer, lawyer or lodging agent through an Electronic Lodgement Network (ELN) such as Property Exchange Australia (PEXA) if:

  • the mortgagee to a mortgage document is an Authorised Deposit-taking Institution (ADI) as described in the Banking Act 1959 (Cth); and
  • the mortgage to a mortgage document is a mortgage for the purpose of the National Credit Code, as described in the National Consumer Credit Protection Act 2009 (Cth)

1.5. If the ELN is unavailable for at least one business day requirements 1.3 and 1.4 do not apply.

Compliance with Changes

Compliance with these changes will be covered by Landgate's Lodgement Acceptability Check (LAC). From 1 August 2016, documents that do not comply will not be accepted for lodgement.   For example:

  • a standalone Mortgage or Discharge of Mortgage that is required to be lodged via an ELN will not be accepted for paper lodgement.
  • a Discharge of Mortgage presented for lodgement by a registered proprietor on behalf of a discharging mortgagee will not be accepted for lodgement.

Further information, please contact Landgate's Customer Service team on +61 (0) 8 9273 7373 or email customerservice@landgate.wa.gov.au.

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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.