Changes are happening to the conveyancing process. Please read this information together with the overview on the Reforms to Conveyancing Process webpage.
Purpose of Certifications
Certifications provide representations by the Subscriber to the Recorder of Titles that the Registry Instrument or Document lodged complies with the relevant laws and requirements.
Subscribers who are Representatives (legal practitioners and licensed conveyancers), Subscribers who are financial institutions, and Subscribers who are Self-represented parties will be required to provide certifications in relation to most Registry Instruments and other Documents lodged in accordance with the Land Titles Act 1980.
Certain Registry Instruments and other Documents are excluded from the application of the Recorder's Directions, including this certification requirement. A list of these exclusions is provided on the Recorder’s Directions webpage.
Deemed Certifications
Where a Registry Instrument or other Document does not set forth certifications the Subscriber is deemed on lodgment of the Registry Instrument or other Document to have provided the relevant certifications required by the Recorder of Titles.
The Certifications provided by Subscribers table sets out the relevant Certifications and can be found on the Certification Rules webpage.
Registry Instruments and other Documents will be modified over time, to include the relevant certification statements to be made by Subscribers.
Application of Certifications
The certification requirement applies to both paper-based and electronic conveyancing processes by virtue of the Recorder’s Directions and Participation Rules, respectively.
The Certification Rules applicable in Tasmania can be reviewed on the Certification Rules webpage.
The requirements relating to certifications are different in paper-based and electronic conveyancing. For more information on these differences please read the Frequently Asked Questions section below.
Please note: any capitalised term has the meaning given to it in the Recorder’s Directions, the Participation Rules, the Operating Requirements, or the Electronic Conveyancing National Law (ECNL) as applicable.
Frequently Asked Questions
The following FAQs do 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.
For more information on the requirement of certifications, please see the ARNECC Guidance Note on Certifications, noting the differences between the paper-based and electronic conveyancing processes outlined below.
What am I certifying?
The certifications to be given relate to actions required to be undertaken, the Certification Rules applicable in Tasmania will be contained in the Recorder’s Directions and Participation Rules, and are outlined on the Certification Rules webpage.
What are certifications?
For paper-based conveyancing:
Certifications are statements made by a Certifier that they have undertaken a specific action. A Certifier is the Subscriber providing the certifications. A Certifier must provide the required Certifications when lodging Registry Instruments or other Documents.
For electronic conveyancing:
Certifications are statements made by a Certifier that they have undertaken a specific action. A Certifier is the Subscriber providing the certifications. A Certifier must provide the required Certifications when signing Registry Instruments or other Documents.
Why are certifications required?
For paper-based conveyancing:
The certifications provide representations by the Subscriber to the Recorder of Titles that the instrument lodged complies with the law, the Recorder’s Directions, and any Prescribed Requirements.
For electronic conveyancing:
The certifications provide representations by the Subscriber to the Recorder of Titles (Registrar) and to other parties (as prescribed in section 12 of the Electronic Conveyancing National Law and adopted in Tasmania) that the instrument lodged complies with the law, the Participation Rules, and any Prescribed Requirements.
How and when do certifications arise?
For paper-based conveyancing:
Certifications will, in due course, be provided for in the Registry Instrument or Document, and will be set out in the Registry Instrument or Document which is to be lodged.
When Subscribers are preparing the Registry Instrument or Document, accessed through Tasmanian Online Land Dealings (TOLD) System, Subscriber information will be required to be entered for each party. The entered information will determine the Subscriber certifications required to be given.
If the Registry Instrument or Document has not yet been amended to include certifications on the face of the instrument, the Subscriber will, upon lodgment, be deemed to provide relevant certifications in accordance with the Recorder’s Directions. A Subscriber must ensure that it can demonstrate compliance with the certification. The Certifications provided by Subscribers table sets out the relevant Certifications and can be found on the Certification Rules webpage.
For electronic conveyancing:
Certifications will be set out in the Registry Instrument or Document. When Subscribers are preparing the Registry Instrument or Document, Subscriber information will determine the certifications.
A Subscriber must ensure that it can demonstrate compliance with the certification.
When are certifications required to be given?
For paper-based conveyancing:
Certifications are given any time a Registry Instrument or Document is lodged.
The certifications required will vary depending on the Subscriber role and Registry Instrument or Document type.
For electronic conveyancing:
Certifications are given any time a Registry Instrument or Document is Digitally Signed.
The certifications required will vary depending on the Subscriber role and Registry Instrument or Document type.