Operating Requirements

Under Section 22 of the Electronic Conveyancing National Law (SA), the Registrar-General issues Operating Requirements for South Australia, that align with the National Model Operating Requirements developed by the Australian Registrars’ National Electronic Conveyancing Council (ARNECC).

Current Version

VersionEffective
South Australian Operating Requirements for Electronic Conveyancing Version 7Effective from 28 March 2024

Guidance Notes

The Australian Registrars’ National Electronic Conveyancing Council (ARNECC) have published guidance notes to assist in understanding the statutory obligation to comply with the operating requirements in each jurisdiction.

Model Operating Requirements Guidance Notes - ARNECC

Prior Versions

VersionEffective
South Australian Operating Requirements for Electronic Conveyancing Version 6.2Effective from 16 June 2023
South Australian Operating Requirements for Electronic Conveyancing Version 6.1Effective from 17 June 2022 to 15 June 2023
South Australian Operating Requirements for Electronic Conveyancing Version 6Effective from 12 April 2021 to 11 June 2022
South Australian Operating Requirements for Electronic Conveyancing Version 5Effective from 25 February 2019 to 11 April 2021
Effective from 27 May 2017 to 24 February 2019
 South Australian Operating Requirements for Electronic Conveyancing Version 3 Effective from 21 January 2016 to 26 May 2017

Waivers

Under section 27 of the Electronic Conveyancing National Law (SA), the Registrar-General may grant a waiver from compliance with the operating requirements where it is considered reasonable to do so under the circumstances. The following operating requirement waivers have been issued in South Australia.

Current WaiversEffective
This partial waiver provides relief for ELNOs from compliance with the South Australian Operating Requirements by waiving their obligations to comply with Operating Requirements 14.1.2(b)(i) and paragraphs 9.1(b), 9.1(d)(ii), 9.2, 9.3 and 9.4 of the Subscriber Identity Verification Standard in Schedule 7 of the Operating Requirements.
Effective from 16 September 2024
Expired and Revoked Waivers 
This waiver provides relief for ELNOs from compliance with the South Australian Operating Requirements by waiving their obligations to comply with Operating Requirements 5.2.2, 5.2.3, 5.2.4, 5.7, 5.8, and Operating Requirements 15.4(c) and 18.2 but only as they relate to the Category Three requirement to demonstrate compliance with Operating Requirement 5.7, regarding Interoperability requirements in South Australia.
Effective from 28 March 2024
The Registrar-General grants Sympli a waiver of its obligations to comply with Operating Requirement 5.1.1., regarding integration terms and conditions or principles.
From 12 April 2021 to 31 December 2021
OR1-2016 South Australia Operating Requirements Waiver
This waiver provides relief for ELNOs from compliance with the South Australian Operating Requirements by permitting the receipt of a Subscriber or Identity Agent Certification substantially compliant with the requirements.
Effective from 21 January 2016.
OR1-2020 South Australian Operating Requirements Waiver
The Registrar-General grants ELNOs a partial waiver of their obligations to comply with the requirement for face-to-face interviews for verification of identity, provided these interviews are conducted via audio visual means and all other aspects of the Verification of Identity Standard are still applied.
Effective from 9 April 2020 to 1 December 2021.
OR2-2020 South Australian Operating Requirements Waiver
The Registrar-General grants a partial waiver of an ELNO’s obligation to comply with Operating Requirements 5.4.2(a), 5.4.3 and 5.4.6, regarding publication of an ELNO’s Service Fees on its website and timeframe for when the ELNO may increase fees during the financial year.
Effective from 1 July 2020 to 30 June 2021.

OR5-2019 South Australian Operating Requirements Waiver
This waiver replaces OR4/2019 and provides ELNOs a waiver of their obligations to comply with the Affected Operating Requirements.

Effective from 25 February 2019 until 11 April 2021.

OR3-2019 South Australian Operating Requirements Waiver
This waiver provides ELNOs with the ability to use a Permanent Resident Evidence ImmiCard or a Residence Determination ImmiCard under Category 1, 2 or 4 of the Subscriber Identity Verification Standard.

Effective from 25 February 2019 to 1 July 2020.

OR4-2019 South Australian Operating Requirements Waiver
This waiver replaces OR1/2019 and provides ELNOs with the required lead time to comply with Operating Requirements 5.5.1 and 5.5.3 in relation to Integration Terms and Equivalent Basis.

Effective from 25 February 2019.
Revoked on 29 October 2019.
Replaced by OR-5 2019
OR2-2019 South Australian Operating Requirements Waiver
This waiver provides Property Exchange Australia Ltd with the required lead time to comply with Operating Requirement 5.6 in relation to separation of Downstream and Upstream Services including preparing a Separation Plan.
Effective from 25 February 2019 until 30 June 2019.
OR1-2019 South Australia Operating Requirements Waiver
This waiver provides Property Exchange Australia Ltd with the required lead time to comply with Operating Requirements 5.5.1 and 5.5.3 in relation to Integration Terms and Equivalent Basis. It also provides for conditions in relation to contractual arrangement currently on foot.
Effective from 25 February 2019. Revoked on 1 July 2019.
Replaced by OR4-2019.