The Queensland Government has passed the Land Title Regulation 2022 (Regulation) which will come into effect from 20 February 2023. The Regulation will change the way settlements are conducted in Queensland by making the default position for people wanting to lodge ‘required instruments’ to be done through Electronic Network Lodgment Operators (ELNOs).
What is a ‘required instrument’ and how was it lodged?
A ‘required instrument’ includes transfers of land, mortgages and releases of mortgages and caveats.
Previously, these documents could be lodged physically through the Titles Office.
Why is this change occurring?
Electronic transactions have become the norm in the industry for conveyancing transactions since the introduction of the Electronic National Law in 2012. In particular, the ELNO PEXA (which is used by Redchip Lawyers) has facilitated over 12 million transactions, with 8 million transactions in the last 4 years alone.
The Regulation will bring Queensland in-line with New South Wales, Victoria, South Australia and Western Australia to phase out manual lodgments.
What exemptions are available?
The exemptions to the Regulation are limited. They include:
- The ‘required instrument’ is not capable of registration due to its nature. There is a range of reasons as to why a ‘required instrument’ may not be capable of registration electronically. A comprehensive list can be found here.
- The ELNO system is not functional on the day of lodgment for whatever reason (i.e. internet issues, public holidays etc.); and
- An individual is not subscribed to an ELNO and is not represented by a law firm.
Conclusion
The move to mandate electronic lodgments of documents will bring Queensland in line with many other states throughout Australia.
If you would like more information or to discuss the Regulation in more detail, please contact our Property Law team.
