Western Australian Registrar and Commissioner of Titles Verifications of Identity and Authority Requirements - Paper Draft for comment

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1 Western Australian Registrar and Commissioner of Titles Verifications of Identity and Authority Requirements - Paper Draft for comment landgate.wa.gov.au

2 Contents 1. Preliminary Definitions Compliance with these Requirements Documents or Classes of Documents to which these Requirements Apply Responsibility for Verification of Identity and for Authority to Transact Responsibility for Verification of Identity Verification of Identity Conducted in a Foreign Country Identity Documents to be Kept Secure Use of an Identity Agent by Self-Represented Parties Certification

3 1. Preliminary 1.1. These Requirements constitute the requirements for the verification of the identity and authority of persons who are parties to a conveyancing transaction and who sign or authorise the signing of documents to be lodged, presented, filed or deposited with Landgate, the Registrar of Titles or the Commissioner of Titles in paper form The purpose of these Requirements is to reduce the risk of land title fraud and other improper land title dealings in Western Australia. This reduction of risk strengthens the security and integrity of the Western Australian Torrens land title system 1.3. These Requirements: (a) (b) (c) 2. Definitions align with the Verification of Identity Standard for National Electronic Conveyancing and are determined in accordance with section 182A1(f) of the Transfer of Land Act 1893 by the Registrar of Titles and Commissioner of Titles. apply to relevant documents executed inside and outside of Australia. replace the Registrations Practice Manual Chapter 14: Western Australian Registrar and Commissioner of Titles Joint Practice, Verification of Identity and supersede Customer Information Bulletins related to verification of identity In these requirements capitalised terms have the meanings set out below: ADI or authorised deposit-taking institution has the meaning given to it in the Banking Act 1959 (Cth). Adult has the meaning given to it in Schedule 1 Part 3 of the Electronic Conveyancing Act 2014 (WA). Australian Consular Officer has the meaning given to it in the Consular Fees Act 1955 (Cth). Australian Diplomatic Officer has the meaning given to it in the Consular Fees Act 1955 (Cth). Australian Legal Practitioner has the meaning given to it in the Legal Profession Act 2008 (WA). Australian Passport means a passport issued by the Australian Federal Government. Client means the person for whom a Licensed Conveyancer or Australian Legal Practitioner or Other Authorised Agent prepares documents affecting land title which will be lodged at Landgate. Commonwealth has the meaning given to it in Schedule 1 Part 3 of the Electronic Conveyancing Act 2014 (WA). Conveyancing Transaction has the meaning given to it in section 3 of the Electronic Conveyancing Act 2014(WA.) 2

4 Foreign Country has the meaning given to it in Schedule 1 Part 3 of the Electronic Conveyancing Act 2014 (WA). Identifier Declaration means the declaration set out in Verification of Identity Requirements for Responsible Parties paragraph 10. Identity Agent means a Person who is authorised by the Responsible Party or Registrar of Titles to conduct verification of identity in accordance with the Verification of Identity Standard. Identity Agent Certificate means the certificate set out in Schedule 9 of the National Electronic Conveyancing WA Participation rules, Identity Declarant means a Person providing an Identifier Declaration. Identity Verifier means a person conducting the verification of identity in accordance with the Verification of Identity Standard. Individual has the meaning given to it in Schedule 1 Part 3 of the Electronic Conveyancing Act 2014 (WA). Licensed Conveyancer means a Person licensed or registered under the relevant legislation of the Jurisdiction in which the land the subject of the Conveyancing Transaction is situated and in Western Australia is a real estate settlement agent for the purposes of the Settlement Agents Act 1981 (WA). Member of the Defence Force has the meaning given to it in the Defence Force Regulations 1952 (Cth). Other Authorised Agent means an Accountant, Licensed Surveyor or other person engaged on a fee for service basis as an agent to represent a party to a dealing in land. Person has the meaning given to it in Schedule 1 Part 3 of the Electronic Conveyancing Act 2014 (WA). Person Being Identified means any of the Persons required to be identified in Section 4.1 Photo Card is a card issued by the Commonwealth or any State or Territory showing a photograph of the holder and enabling the holder to evidence their age and/or their identity. Responsible Party means a Licensed Conveyancer, Australian Legal Practitioner, mortgagee, or Other Authorised Agent responsible for Verification of Identity. Self-Represented Party means a party not represented by a Responsible Party. State means New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia. Statutory Declaration has the meaning given to it in Schedule 1 Part 3 of the Electronic Conveyancing Act 2014 (WA). Territory has the meaning given to it in part 1 of the Electronic Conveyancing Act 2014 (WA). TLA means the Transfer of Land Act 1893 (WA) 3

5 Verification of Identity Standard means the standard set out in Schedule 8 of the WA Participation Rules, as amended from time to time WA Participation Rules means the subsidiary legislation under the Electronic Conveyancing Act 2014(WA) 2.2. For the purposes of these Requirements authority to transact and authority to deal and right to deal are considered the same. 3. Compliance with these Requirements 3.1. A Responsible Party or Self-Represented Party must comply with these Requirements In accordance with section 192B of the TLA non-compliance with these requirements may result in the Registrar refusing to accept lodgement of the document In accordance with section 192D of the TLA non-compliance with these requirements may result in the Registrar refusing to register, note or record the document. 4

6 4. Documents or Classes of Documents to which these Requirements Apply 4.1. These Requirements apply to the document types in paper form lodged with Landgate for registration or noting and to the parties specified in the Table: Document Type Transfer of Land Mortgage Request for Duplicate Certificate of Title Replacement Duplicate Certificate of Title Transmission Survivorship Power of Attorney Enduring Power of Attorney Caveat Withdrawal of Caveat Persons Required to be Identified in Accordance with these Requirements Seller/Transferor Buyer/Transferee Mortgagor Applicant Applicant Applicant Applicant Donor Donor Caveator Caveator 4.2. These Requirements do not apply to documents lodged under the Land Administration Act Responsibility for Verification of Identity and for Authority to Transact 5.1. The Responsible Party must take all reasonable steps to verify: (a) (b) the identity of the Person Being Identified in accordance with these Requirements as specified in the table at section 4.1 of these Requirements; and that person is authorised to enter into the Conveyancing Transaction the subject of the document type specified in the table at section 4.1. of these Requirements 5

7 5.2. Where the Responsible Party is a mortgagee, or represents a mortgagee that Responsible Party must take all reasonable steps to verify (a) the identity of the mortgagor and; (b) that the mortgagor is authorised to enter into the mortgage. 6. Responsibility for Verification of Identity 6.1. A Responsible Party can for the purpose of complying with 5.1. and 5.2. either: (a) apply the Verification of Identity Standard; or (b) verify the identity of a Person in some other way that constitutes the taking of all reasonable steps The Responsible Party must undertake further steps to verify the identity of a Person Being Identified and/or any Identity Declarant where: (a) (b) the Responsible Party knows or ought reasonably to know that: (i) (ii) (iii) any identity document produced by the Person Being Identified and/or any Identity Declarant is not genuine; or any photograph on an identity document produced by the Person Being Identified and/or any Identity Declarant is not a reasonable likeness of the Person Being Identified or the Identity Declarant; or the Person Being Identified and/or any Identity Declarant does not appear to be the Person to which the identity document(s) relate; or it would otherwise be reasonable to do so The Responsible Party need not verify the identity of the Person Being Identified if: (a) (b) the Responsible Party takes all reasonable steps to ensure that it is dealing with the Person Being Identified; and the identity of the Person Being Identified has been verified within the previous 2 years either by: (i) (ii) applying the Verification of Identity Standard; or verifying the identity of the Person Being Identified in some other way that constitutes the taking of all reasonable steps If the Verification of Identity Standard is used: (a) (b) (c) (d) the Responsible Party may use an Identity Agent; and where an Identity Agent is used, the Responsible Party must direct the Identity Agent to use the Verification of Identity Standard; and the Identity Verifier must be the Responsible Party or the Responsible Party s Identity Agent; and the Responsible Party must receive from any Identity Agent: 6

8 (i) (ii) copies of the Documents produced to verify the identity of the Person Being Identified and/or any Identity Declarant signed, dated and endorsed as a true copy of the original by the Identity Agent; and an Identity Agent Certificate in the form set out in Schedule 9 of the WA Participation Rules Compliance with these Requirements will be deemed to constitute taking of all reasonable steps for the purposes of 5.1. and A self-represented party is responsible for ensuring his/her own identity has been independently verified in accordance with the Verification of Identity Standard by an approved Identity Agent who appears on the Landgate panel of Identity Agents It is considered best practice that witnessing of signatures in documents subject to VOI is done at the same time the VOI is conducted The execution of documents to which VOI applies is to be in accordance with the requirements stated in the Land Titles Registration Practice Manual at Section Verification of Identity Conducted in a Foreign Country 7.1. To be advised. Discussions are underway with The Department of Foreign Affairs and Trade to agree a procedure for the conduct of VOI in a foreign country. 8. Identity Documents to be Kept Secure 8.1. The Responsible Party must retain any documentation, or copy where appropriate, supporting the identity and authority of the person being identified for at least 7 years from the date of lodgement of the document Certified copies of identity documents must be kept in a secure manner to prevent misuse of the identity information contained in them. 9. Use of an Identity Agent by Self-Represented Parties 9.1. Self-Represented Parties must be identified by an Identity Agent who appears on the Landgate panel of approved Identity Agents. The list of approved Identity Agents is available online at Landgate s website at landgate.wa.gov.au The Identity Agent who verifies the identity of a Person Being Identified and any Identity Declarant and witnesses the signing of the document where applicable, must send to Landgate copies of the documents produced to verify the identity of the Person Being Identified and any Identity Declarant signed, dated and endorsed as a true copy of the original A Self-Represented Party who is identified in accordance with the Identity Verification Requirements should ensure that the statement issued by the 7

9 Registrar of Titles following receipt of the VOI documents from the approved Identity Agent is attached to the document or documents lodged with Landgate for registration. 10. Certification The Responsible Party must provide the following certification within the approved form(s) where available, or on a separate letterhead document: I [full name address and occupation of the Responsible Party] 1. Represent my Client [full name of client/s] for the conveyancing transaction in this document. AND 2. Have taken all reasonable steps and I reasonably believe I have complied with the Western Australian Registrar and Commissioner of Titles Verification of Identity and Authority Requirements - Paper Signed and Dated by Responsible Party OR WHERE THE MORTGAGEE IS THE RESPONSIBLE PARTY: I [full name, address and occupation of the Responsible Party] have taken all reasonable steps and I reasonably believe I have complied with the Western Australian Registrar and Commissioner of Titles Verification of Identity and Authority Requirements - Paper. Signed and Dated by Responsible Party A Self-Represented Party must provide the following certification within the approved form(s) where available: 8

10 I [full name address and occupation of the Self-Represented Party] certify that I have had my identity verified in accordance with Western Australian Registrar and Commissioner of Titles Verification of Identity and Authority Requirements - Paper Signed and Dated by Self-Represented Party 9

11 1 Midland Square, Midland WA 6056 PO Box 2222, Midland WA 6936 Telephone: +61 (0) LG-1264 landgate.wa.gov.au

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