Queensland’s eConveyancing mandate begins on 20 February 2023.
Under the Land Title Regulation 2022 (the regulation), certain land registry instruments must be lodged using eConveyancing from 20 February 2023 unless an exemption applies.
The regulation provides that required instruments can only be digitally prepared, signed, settled and lodged using an electronic lodgment network, unless exempted.
The required instruments mandated include transfers, mortgages, caveats (new, withdrawal), priority notices and an application to be registered as a personal representative for a registered owner of a lot who has died.
Under the transitional provisions, the transaction can still be ‘paper lodged’ if the required instrument has been executed by a party before the mandatory commencement date (see section 6 of the regulation).
What’s in scope and out of scope?
Titles Queensland has published detailed information on included and excluded documents on its eConveyancing upcoming mandate page, including further information on the exemptions available.
The exemptions can be broadly described as:
- functionality exemption – when a particular document is not available for lodgment in an Electronic Lodgment Network Operator (ELNO) or Titles Registry
- circumstances beyond the control of subscriber prevent the lodgment
- combined lodgments – the instrument required to be lodged with another instrument which cannot be lodged using eConveyancing
- replacement instruments with associated financial transaction – the instrument is lodged to replace another required instrument following requisition or withdrawal from lodgment
- the transaction is not an ELN lodgment or ELN transfer within the meaning of s156D of Duties Act 2001
- a party to the instrument is a self-represented natural person who does not have a solicitor / law firm acting for them
- the instrument was signed before 20 Feb 2023.
Exemption request form
To claim an exemption, when lodging documents that are subject to the mandate (including by eLodgment), practitioners will need to complete an exemption request form to indicate which exemption applies to their lodgment.
The form is available from the Titles Queensland forms page (print form or Word file).
Practitioners should complete the form by selecting the exemption applicable to the particular document.
QLS has published updates and materials to assist the profession on its Property Central page, including information about cyber security, verification of client identity and a range of education resources.
QLS and PEXA have presented a series of seminars to practitioners to provide practical guidance on the eConveyancing mandate. The recording will be published soon via Property Central.
The Titles Queensland eConveyancing mandate page has details of required instruments and exemptions.
Titles Queensland has also released its Navigating the eConveyancing mandate video to support practitioners in preparing for this change.
The Land Title Practice Manual (Part 62) will be updated. Titles Queensland has published the draft amendments (shown in tracked changes).