Participation Rules

Under Section 23 of the Electronic Conveyancing National Law (SA) the Registrar-General issues Participation Rules for South Australia, that align with the National Model Participation Rules developed by Australian Registrar’s National Electronic Conveyancing Council (ARNECC).

Current Version

VersionEffective
South Australian Participation Rules for Electronic Conveyancing Version 6Effective from 12 April 2021

Prior Versions

VersionEffective
South Australian Participation Rules for Electronic Conveyancing Version 5Effective from 25 February 2019 to 11 April 2021
Effective from 27 May 2017 to 24 February 2019
  
Effective from 21 January 2016 to 26 May 2017

Waivers

Under section 27 the Electronic Conveyancing National Law (SA), the Registrar-General may grant a waiver from compliance with the Participation Rules where it is considered reasonable to do so under the circumstances.

The following waivers for Participation Rules have been issued in South Australia:

Current WaiversEffective

South Australian Participation Rules Waiver PR6-2021
The Registrar-General grants a partial waiver of a Subscriber’s obligation to comply with Participation Rule 7.2.3(a), regarding Subscribers taking reasonable steps to ensure that Signers and Subscriber Administrators have not been subject to the events specified in Participation Rule 7.2.3(a)(i-iv).

Effective from 12 April 2021 to 12 October 2021.

South Australian Participation Rules Waiver PR5-2021
The Registrar-General grants a partial waiver of a Subscriber’s obligation to comply with Participation Rule 7.2.1(b), regarding a Subscriber taking reasonable steps to ensure that each of its Users have received training appropriate to their use of the ELN.

Effective from 12 April 2021 to 12 October 2021.
South Australian Participation Rules Waiver PR2-2021
The Registrar-General grants a partial waiver of a Subscriber’s obligations to comply with Participation Rule 7.10. Subscriber’s may use the wording of the Certification Rules in Schedule 3 of Version 5 of the Participation Rules, rather than Version 6 wording for the period of the waiver.
Effective from 12 April 2021 to 30 June 2022.
The Registrar-General grants a partial waiver of a Subscriber’s obligation to comply with Participation Rule 4.5, regarding use of a business name as a System Name.
Effective from 12 April 2021 to 12 October 2021.

South Australian Participation Rules Waiver PR1-2020
The Registrar-General grants Subscribers a partial waiver of their obligations to comply with the requirement for face-to-face interviews, when applying the Verification of Identity Standard, 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 Emergency Response Act 2020 is operable unless revoked earlier by the Registrar-General.

This waiver modifies the Subscriber's obligations to comply with Participation Rule 7.10.1 as it related to Certification 1 and 5 (a) of Schedule 3.
Effective from 25 February 2019.
This waiver provides non-ADI mortgage lenders who hold an Australian Credit Licence and Credit Representatives of an Australian Credit Licence Holder, with conditional relief from compliance with the South Australian Participation Rules requiring compliance with Insurance Rules for Subscribers and replaces South Australian Participation Waiver PR2-2016.
Effective from 25 November 2016.
This waiver has been published to align the transitional arrangements for paper and electronic mortgage dealings, in respect to the Certification by a Subscriber.
 Effective from 25 October 2016.
This waiver provides relief for ELNOs from compliance with the South Australian Participation Rules by permitting the receipt of a Subscriber or Identity Agent Certification substantially compliant with the Rules.
Effective from 21 January 2016.
Expired and Revoked Waivers

South Australian Participation Rules Waiver PR7-2021
The Registrar-General grants a partial waiver of a Subscriber’s obligation to comply with Participation Rules 7.7.1(b) and 7.7.2, regarding Subscriber obligations to immediately notify the Registrar and other Participating Subscribers  of a Jeopardised Conveyancing Transaction.

Effective from 12 April 2021 to 12 June 2021.

South Australian Participation Rules Waiver PR4-2021
The Registrar-General grants a temporary waiver of a Subscriber’s obligation to comply with Participation Rule 6.13.1(d), regarding instances where the electronic Registry Instrument or other electronic Document being Lodged is a transfer of a mortgage. This waiver does not apply to Subscribers who are already complying with the affected Participation Rule.

Effective from 12 April 2021 to 12 July 2021.

South Australian Participation Rules Waiver PR3-2021
The Registrar-General grants a temporary waiver of a Subscriber’s obligation to comply with Participation Rule 6.5.1(f) , regarding the need to verify the identity of all other Users prior to the User being given access to the ELN.

Effective from 12 April 2021 to 12 July 2021.

South Australian Participation Rules Waiver PR2-2019
This waiver provides Subscribers with the ability to use a Permanent Resident Evidence ImmiCard or a Residence Determination ImmiCard under Category 1, 2 or 4 of the Verification of Identity Standard.

Effective from 25 February 2019 to 1 July 2020.

This waiver modifies the Subscriber's obligations to comply with Participation Rule 7.10 as it relates to Certification 1 of Schedule 3.
Effective from 6 October 2017 to 24 February 2019.
This waiver provides non-ADI mortgage lenders with conditional relief from compliance with the South Australian Participation Rule requiring compliance with the Insurance Rules for Subscribers.
Effective from 5 September 2016 to 24 November 2016

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 participation rules in each jurisdiction.

Model Participation Rules Guidance Notes - ARNECC