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Land Use Victoria (LUV) Compliance Examinations

Land Use Victoria (LUV) Compliance Examinations

By Property Law Section

Conveyancing Real Property 

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Electronic lodgement of land transactions has reached such a high level that Land Use Victoria has increased its compliance examinations of practitioners who are subscribers to the Electronic Lodgement Network (ELN). 

The Electronic Conveyancing National Law and the Participation Rules set out the scope and purpose of such examinations, and the obligation of subscribers to fully cooperate with them. Selected subscribers will be notified in writing, identifying the instruments to be reviewed and requesting documents and other information to demonstrate compliance with the Participation Rules.  As previously indicated by LUV, subscribers are given at least 10 business days within which to comply and will then be notified in writing of the examination’s outcome.
 
LUV’s objective is to ensure subscribers are complying with the Participation Rules.  In most cases where a subscriber has not complied, LUV will work with the subscriber to ensure they know what is required to satisfy the Participation Rules.  Should LUV discover deliberate or blatant breaches of the Participation Rules, disciplinary action may be taken, potentially including suspension or termination of a subscriber’s ability to access the ELN. 
 
The Australian Registrars’ National Electronic Conveyancing Council (ARNECC) has previously published a guidance note on the Model Participation Rules that contains a checklist of what is covered in a compliance examination.  You can access the guidance note here. 

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