Page 1030 - Week 04 - Thursday, 7 May 2020
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approach the changes to the e-conveyancing national law in much the same way as we approach the changes to Australian Consumer Law.
These bills have in common safer transactions. When these bills were developed, we knew that the ACT would benefit from safer transactions. At the time we could see that this could flow through to the lessening of the chance for fraud. Both require a client’s identity and authority to be verified before the transaction takes place. But now, in the COVID-19 environment, we also see that the two bills support safer transactions in a different way. They support the health and safety of industry members through introducing processes where there is less need for face-to-face contact. There will be a reduced need for parties to sign documents and for the witnessing of their signatures—both e-conveyancing and in-person settlements.
The said clients will authorise their solicitor to undertake further transactions. This authorisation can be provided electronically. It can be as simple as the client signing and scanning the relevant documents and emailing them to their lawyer. Further, the key step of verifying identity can be undertaken by video. Also, for those using e-conveyancing, there is no need for in-person visits to the land titles office to lodge the transaction for registration, although this can take place because, as we have mentioned before, we are not mandating e-conveyancing.
The change is supported by the Land Titles (Electronic Conveyancing) Legislation Amendment Bill. Stronger protections against fraud and simpler processes are valuable steps on their own. Critically, they will also allow the ACT to move to offer the option of e-conveyancing—offering this as but one option, with in-person settlements still allowed.
The Electronic Conveyancing National Law (ACT) Bill has particular context in the emergency situation in which we find ourselves. Beyond the imperative that we are currently in, the e-conveyancing bill also allows the ACT to move with the times and with five other jurisdictions who have made e-conveyancing available under the e-conveyancing national law framework. I commend the bills to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Bill, by leave, taken as a whole.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (5.42): I move amendment No 1 circulated in my name [see schedule 5 at page 1037]. I table a supplementary explanatory statement to the amendment.
Very briefly, the government’s amendment alters the default operation of the national law to allow e-conveyancing to be available sooner in the ACT. I am very mindful
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