BY EMAIL
DATE: 15 August 2025
DISTRIBUTION: GENERAL
SUBJECT: ELECTRONIC CONVEYANCING – SIGNERS
When a Subscriber, such as a Financial institution, a law firm or conveyancing firm joins an ELNO, the Subscriber will be issued a digital signature.
The Tasmanian Participation Rules state nothing about who within the business of a Subscriber can utilise the digital signature. The Tasmanian Participation Rules defines a Signer to be a “user authorised by the Subscriber to Digitally Sign electronic Registry Instruments and other electronic Documents on behalf of the Subscriber”.
The Legal Profession Board of Tasmania as the disciplinary body of the legal profession has, to our knowledge, no position on who within a firm of a Subscriber may utilise the digital signature.
The Consumer Building and Occupational Services (CBOS) as the disciplinary body for licensed conveyancers has no position, to our knowledge, on who within a conveyancing firm of a Subscriber may utilise a digital signature.
The Law Society of Tasmania may or may not issue a guidance note or recommendation to the legal profession as to who within a firm of a Subscriber may utilise the digital signature.
The Australian Institute of Conveyancers may or may not issue a guidance note or recommendation to licensed conveyancers as to who within a conveyancing firm of a Subscriber may utilise a digital signature.
In summary, in the absence of any stipulation, it is up to each Subscriber to regulate within its own business who or who may not utilise the digital signature issued by ELNO to a Subscriber.
An important reminder is also given as to the attribution rules which provide that a client (to be) is bound by a Subscriber’s digital signature, so each party in the transaction can be assured of the document’s validity.
Reference is made to reliance on, and repudiation of, digital signatures in Section 12 of the Electronic Conveyancing (Adoption of National Law) Act 2012 which in summary states that if a Subscriber’s digital signature is created for a registry instrument or other document in connection with a conveyancing transaction, then unless that Subscriber repudiates that digital signature, that registry instrument or other document is to be taken to be signed by that Subscriber, and that digital signature is binding, in relation to that registry instrument or other document, on that Subscriber, and all other persons (if any) for whom that Subscriber acts under a client authorisation with respect to that conveyancing transaction, and that digital signature is binding, in relation to that registry instrument or other document, for the benefit of—
i. each of the parties to that conveyancing transaction, and
ii. each Subscriber who acts under a client authorisation with respect to that conveyancing transaction, and
iii. each ELNO whose ELN is used in connection with that conveyancing transaction.
iv. the Registrar, once that registry instrument or other document is lodged electronically.
ROBERT MANNING
Recorder of Titles
Contact
Land Titles Office Level 1, 134 Macquarie Street Hobart TAS 7000
Email: ltoreform@nre.tas.gov.au