Operating Requirements

Under Section 22 of the Electronic Conveyancing National Law (SA), the Registrar-General has promulgated Operating Requirements for South Australia, based on the Model Operating Requirements Guidance Notes developed by the Australian Registrars’ National Electronic Conveyancing Council (ARNECC).

Current Version

VersionEffective
South Australian Operating Requirements for Electronic Conveyancing Version 5 Effective from 25 February 2019

Prior Version

VersionEffective
Effective from 27 May 2017 to 24 February 2019
  
Effective from 21 January 2016 to 26 May 2017

Waivers

Under section 27 of the Electronic Conveyancing National Law, 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

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.

From 1 July 2020 to 30 June 2021.

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. Please note that this will apply for the period in which the COVID-19 Act is operable unless revoked earlier by the Registrar-General.

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.

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.

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.
Expired and Revoked WaiversEffective

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

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.

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.

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