From August 2024, electronic conveyancing is available in Tasmania.
Electronic conveyancing transactions are prepared and lodged through an Electronic Lodgment Network Operator (ELNO). In Tasmania one ELNO has been approved and licensed to operate.
The Registry Instruments and other Documents are:
- Mortgages
- Discharges of Mortgage
- Lodgement Instructions.
Further conveyancing transactions will be introduced in the future.
The Register of land maintained by the Recorder of Titles pursuant to section 33 of the Land Titles Act 1980 (the Register) is the sole source of truth for estates and interest in land in Tasmania. As information for an electronic conveyancing transaction is drawn directly from the Register, it is expected that there will be reduced errors, and increased protection against fraud, beside a more streamlined conveyancing and settlement process.
Electronic conveyancing is efficient, accurate and secure. Certain specific steps must be undertaken as part of an electronic conveyancing transaction, including ascertaining that the relevant party has the right to deal with the property, and that any information provided meets the Land Titles Office’s requirements.
These reforms are aligned with the regulatory framework for National Electronic Conveyancing, which has been developed and maintained by all Australian jurisdictions through their participation in the Australian Registrars’ National Electronic Conveyancing Council (ARNECC) which comprises equivalents of the Recorder of Titles. These reforms introduce more rigour and security to the conveyancing process and bring Tasmania in line with other jurisdictions.
Further information regarding the requirements of both electronic and paper-based conveyancing can be found on the Lodgment Requirements webpage.
For more information visit the Electronic Conveyancing webpage.
Frequently Asked Questions
The following information does not constitute legal advice, nor does it replace prudent conveyancing practice. Nothing written below overrides the Recorder’s Directions, Participation Rules, any other relevant legislation, or Registrar’s Prescribed Requirements.
Why is National Electronic Conveyancing being introduced in Tasmania?
Electronic conveyancing is fast becoming the national standard settlement and lodgment process for conveyancing transactions. Due to the automated nature of data input, electronic conveyancing will reduce errors and provide greater fraud protection for the parties to a conveyancing transaction.
Will paper certificates of title remain?
Certificates of title will continue to form part of the conveyancing process, including for paper and electronic lodgements. Full information about the current status of certificates of title can be found on the Certificates of Title webapge.
Is National Electronic Conveyancing secure?
National Electronic Conveyancing is secure. The introduction of requirements for Subscribers to undertake a number of verification checks, obtain specification Client authorisation and retain relevant evidence relating to transactions provides an increased level of security and rigour to the conveyancing process.
Will more Registry Instruments and other Documents be available for electronic conveyancing?
Over time, further Registry Instrument and other Document types will be made available. The introduction of Transfers and Change of Ownership is scheduled for February 2025.
Will electronic conveyancing transactions be subject to Compliance Examination?
Yes. All lodgements with the Land Titles Office are subject to Compliance Examination pursuant to the Recorders Directions and Participation Rules, respectively.
Is electronic conveyancing faster than paper-based?
Yes, in most cases. Electronic conveyancing is a more streamlined and secure mechanism to complete conveyancing transactions. In electronic conveyancing, key details are drawn directly from the Register. This reduces errors and may assist when further information or amendment of a Registry Instrument or other Document is required.
I am a TOLD Subscriber, how will the introduction of electronic conveyancing affect me?
In order to lodge Registry Instruments using electronic conveyancing, you will need to become a Subscriber to an Electronic Lodgement Network (this is not the same as being a TOLD Subscriber).