SA eConveyancing Requirements

The South Australian Registrar has announced their intention to mandate electronic lodgements for the following dealing types:

  • Stand-alone;
  • Mortgages;
  • Discharges of Mortgage; and  
  • Refinance Transactions

A stand-alone Mortgage or Discharge of Mortgage is regarded as any Mortgage or Discharge of Mortgage that is not lodged with any other dealing type.

Where the following documents are executed on or after 3 April 2017, they must be lodged through an ELN:

  • All stand-alone Discharge of Mortgage dealings
  • All stand-alone National Credit Code Mortgage dealings, where the Mortgagee is an Authorised Deposit-taking Institute (ADI).

Further dealings types are expected to be mandated to electronic lodgement by the end of 2017, these include;

  • All remaining stand-alone Mortgage dealings
  • All stand-alone refinance transactions (i.e. any combination of Mortgages and Discharges of Mortgage)  

There will be some circumstances which would exempt the mandatory lodgement of a Mortgage and Discharge of Mortgage 

The mandatory electronic lodgement of a Discharge of Mortgage dealing will not apply when:

  • Releasing part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Releasing part of the money
  • Releasing one of the Mortgagees
  • Releasing the undivided share and/or the personal liability of one of the Mortgagors
  • Discharging a Mortgage of a Subsidiary Interest (e.g. Mortgage of Lease) or a Mortgage of other Non-Fee
  • Simple Interest (e.g. Mortgage of Crown Lease, Mortgage of Life Estate etc.).

The mandatory electronic lodgement of a Mortgage dealing will not apply when:

  • Mortgaging part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Mortgaging the interest of one (or more, but not all) of the Registered Proprietors (e.g. a tenant in common or a joint tenant)
  • Mortgaging a Subsidiary Interest (e.g. Lease, Mortgage etc.) or other Non-Fee Simple Interest (e.g. Crown Lease, Life Estate etc.)
  • Mortgaging the interest of a minor or protected person.

The mandatory electronic lodgement of a Mortgage or Discharge of Mortgage dealing will not apply when:

  • The subject land cannot be transacted electronicall
  • The Electronic Lodgement Network is not available and has not been available for one clear business day