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.
Entitlement to Sign Registry Instruments - Paper-based conveyancing process
In the paper-based conveyancing process, a Signer signs the Registry Instrument or other Document.
As per the Recorder's Directions, for the purposes of paper-based conveyancing, a Signer means:
(a) an Australian Legal Practitioner; or
(b) a Licensed Conveyancer; or
(c) an Officer or employee of an ADI
who is a Principal, Officer, employee, agent or contractor of, and authorised by the Subscriber to sign Registry Instruments and other Documents, on behalf of the Subscriber; or
(d) any Person required by statute to sign the Registry Instrument or other Document; or
(e) an Officer or employee of the Crown with the appropriate delegated authority to sign the Registry Instrument or other Document.
RepresentativeWhen acting as Representative of a Client who is party to the conveyancing transaction, a Signer on behalf of the Representative must sign the Registry Instrument or other Document on behalf of the Client*.
*The Land Titles Office is amending Registry Instruments and other Documents to require the Registry Instrument or other Document to be signed by a Signer on behalf of the authorised Representative on behalf of the Client (as authorised by a Client Authorisation). As part of these amendments, witnessing requirements will also be removed. Until amended, some Registry Instruments and other Documents will remain signed by the Client (and witnessing requirements will remain).
Self-represented
When the Self-represented party is party to the conveyancing transaction, a Signer on behalf of the Self-represented party must sign the Registry Instrument or other Document. A Self-represented party may be a Signer. For example, a sole Australian Legal Practitioner or a Licensed Conveyancer with no staff.
Entitlement to Sign Registry Instruments - Electronic conveyancing process
In the electronic conveyancing process, a Signer signs a Registry Instrument or other Document.
In order to sign a Registry Instrument or other Document in the electronic conveyancing process, a Subscriber must authorise a Signer to Digitally Sign, as per the Participation Rules.
The Participation Rules provide that, for the purposes of electronic conveyancing, a Signer means:
a User authorised by the Subscriber to Digitally Sign electronic Registry Instruments and other electronic Documents on behalf of the Subscriber.
Representative
When acting as Representative of a Client who is party to the conveyancing transaction, a Signer on behalf of the Representative must Digitally Sign the Registry Instrument or other Document on behalf of the Client.Self-represented
When the Self-represented party is party to the conveyancing transaction, a Signer on behalf of the Self-represented party must Digitally Sign the Registry Instrument or other Document.
Frequently Asked Questions
The following FAQs do not constitute legal advice, nor do they replace prudent conveyancing practice. Nothing written below overrides the Recorder’s Directions, Participation Rules, any other relevant legislation, or Prescribed Requirements.
For this information and more, including a comprehensive list of Frequently Asked Questions, please see the ARNECC Guidance Note on System Security & Integrity.
Who can sign Registry Instruments and other Documents?
Who can be a Signer?
(a) an Australian Legal Practitioner; or
(b) a Licensed Conveyancer; or
(c) an Officer or employee of an ADI
who is a Principal, Officer, employee, agent or contractor of, and authorised by the Subscriber to sign Registry Instruments and other Documents, on behalf of the Subscriber; or
(d) any Person required by statute to sign the Registry Instrument or other Document; or
(e) an Officer or employee of the Crown with the appropriate delegated authority to sign the Registry Instrument or other Document.
Where available on the Registry Instrument or other Document, the Signer on behalf of the Representative must sign on behalf of the Client (where not available the Client must sign). For a Self-represented party, a Signer on behalf of the Self-represented party must sign. Evidence must be retained for the purposes of the Supporting Evidence clause of the Recorder's Directions.
For electronic conveyancing:
As per the Participation Rules, a Signer means:
a User authorised by the Subscriber to Digitally Sign electronic Registry Instruments and other electronic Documents on behalf of the Subscriber.
It is up to each Subscriber within its own business to determine and authorise which of their Users may Digitally Sign Registry Instruments and other Documents.
Further information about Signers in electronic conveyancing can be found on the Electronic Signers webpage.
Can a Client sign the Registry Instrument or other Document?
For paper-based conveyancing:
Where a Registry Instrument or other Document requires the Client to sign, the Client (or Client Agent) must sign the Registry Instrument or other Document.
*The Land Titles Office is amending Registry Instruments and other Documents to require the Registry Instrument or other Document to be signed by a Signer on behalf of the authorised Representative on behalf of the Client (as authorised by a Client Authorisation). As part of these amendments, witnessing requirements will also be removed. Until amended, some Registry Instruments and other Documents will remain signed by the Client (and witnessing requirements will remain).
For electronic conveyancing:
No. In electronic conveyancing only Subscribers have access to sign Registry Instruments or other Documents.