Compliance in Western Australia
Electronic Lodgment Network Operators must comply with the WA Operating Requirements.
Section 22 of the Electronic Conveyancing Act 2014 (ECA) authorises the Registrar of Titles (the Registrar) to determine, in writing, the Operating Requirements for:
- the operation of an ELNO; and
- the provision and operation, by an ELNO, of an Electronic Lodgment Network (ELN).
In determining the Operating Requirements, ECA s24 requires the Registrar to have regard to the desirability of maintaining consistency with any model provisions.
ARNECC published Model Operating Requirements Version 7(MORv7) in January 2024.
WA Operating Requirements Version 7 (WAORv7) have been prepared having regard to MORv7.
WAORv7 comes into effect in Western Australia on 28 March 2024. Refer to WA Operating Requirements Version 6.2 for the current version effective from 16 June 2023 to 27 March 2024.
WA Operating Requirements Version 7 marked up is a version showing the changes made between version 6.2 and version 7.
Refer to ELE-03 WA Participation Rules, WA Operating Requirements & Waivers for previous versions of the Operating Requirements.
Waivers
Under section 27(1) of the ECA, a waiver from the obligation to comply with a provision of the Operating Requirements may be granted if it is reasonable in all the circumstances.
There are no current waivers of the version 7 Operating Requirements in WA.