Clause 8

the sale, purchase or assignment of any land;

the grant or surrender of a lease, licence or tenancy in respect of land; and

the grant of a mortgage of or charge on land, or the redemption or discharge thereof; “cybersecurity” means the state in which a computer or computer system is protected from unauthorised access or attack, and where because of that state —

the computer or computer system continues to be available and operational;

the integrity of the computer or computer system is maintained; and

the integrity and confidentiality of information stored in, processed by or transmitted through the computer or computer system is maintained;“cybersecurity incident” means an act or activity carried out without lawful authority on or through a computer or computer system that jeopardises or adversely affects its cybersecurity or the cybersecurity of another computer or computer system;“electronic”, “electronic record”, “record”, “secure electronic signature”, “signed” and “signature” have the meanings given by section 2(1) of the Electronic Transactions Act 2010;“electronic instrument” means an instrument in electronic form;“land” includes any estate, interest or right in respect of land;“malfunction”, in relation to the electronic transaction system, includes any defect or breakdown in that system or in any equipment, software or telecommunication networks used in or in connection with that system.Electronic transaction system23.—

The Authority may establish an electronic transaction system —

to enable a person to create an electronic instrument with a view to carrying out a conveyancing transaction;

to enable a person to carry out a conveyancing transaction using one or more electronic instruments;

to facilitate a person’s payment of conveyancing money to another person;

to enable a person to access a service provided by the Authority or a third party service provider, in relation to the carrying out of a conveyancing transaction;

to enable a person to apply for a mortgage loan in relation to the carrying out of a conveyancing transaction;

to enable a person to serve (with the intended recipient’s consent) any document or notice in relation to a conveyancing transaction;

to enable a person to be served (with the person’s consent) any document or notice in relation to a conveyancing transaction;

to enable the Authority to provide a service for the supply of non‑confidential information relating to conveyancing transactions carried out using the electronic transaction system; and

to enable the Authority to carry out any of the Authority’s functions, or to provide any other service falling within those functions. (2) The non‑confidential information that may be provided under the service mentioned in subsection (1)(h) includes (but is not limited to) collations, summaries, reports or analyses of conveyancing transactions carried out using the electronic transaction system.(3) Where any conveyancing transaction can be carried out using the electronic transaction system, the Authority may refuse to process the transaction if —

the conveyancing transaction is not carried out in accordance with the prescribed requirements for the use of the electronic transaction system mentioned in subsection (4); or

the fee payable for the use of the electronic transaction system to process the conveyancing transaction (if prescribed by rules made under section 28) has not been paid.(4) Subject to this Part, the Minister may prescribe requirements for the use of the electronic transaction system, which may include —

conditions of access to, and use of, the electronic transaction system;

security and authentication requirements for access to, and use of, the electronic transaction system;

retention and production of documents supporting or authenticating transactions;

modes of payment for transactions; and

requirements for the purpose of preventing money laundering, terrorism financing and the financing of proliferation of weapons of mass destruction.(5) The Authority must retain the records in accordance with section 9 of the Electronic Transactions Act 2010, for a prescribed period, of all conveyancing transactions that are carried out using the electronic transaction system.(6) Any agent who is authorised by the agent’s principal may take any step on behalf of the principal (including to accept service of any document or notice) in relation to a conveyancing transaction through the electronic transaction system.(7) In subsection (1)(d), “third party service provider” means a person (other than the Authority) which provides a service, whether on a commercial basis or not, which relates to the carrying out of a conveyancing transaction.Evidence of transaction on electronic transaction system24.—

Despite any other written law or rule of law —

a copy of the whole or any part of any original document or instrument that is certified by the Authority to be a true copy of the whole or the relevant part of the original document or instrument is in any proceedings admissible in evidence as of equal validity with the original document or instrument; and

any document prepared by the Authority that —

consists of information reproduced or extracted from any original document or instrument; and

contains a statement by the Authority that the information is a true reproduction or extract of the original document or instrument,is, unless evidence to the contrary is adduced, admissible in evidence in place of and to the same extent as the original document or instrument.(2) In this section, “original document or instrument” means a document or instrument created, edited, uploaded or used by a person in relation to a conveyancing transaction carried out (or to be carried out) using the electronic transaction system.Electronic transaction system — errors and omissions arising from malfunction or cybersecurity incident25.—

Despite any other written law or rule of law, the Authority may correct any error or omission in the records of the electronic transaction system pertaining to a conveyancing transaction, if —

the error or omission has occurred or arisen as a result of any malfunction of the electronic transaction system or any cybersecurity incident affecting the electronic transaction system; and

after being given written notice under subsection (2) of the correction which the Authority intends to make and a reasonable opportunity to make representations to the Authority, either —

all the parties to the conveyancing transaction agree to the intended correction; or

none of the parties to the conveyancing transaction satisfies the Authority that the correction is inaccurate.(2) Before the Authority corrects any error or omission in the records of the electronic transaction system pertaining to a conveyancing transaction (called in this section the relevant conveyancing transaction), the Authority must give all the parties to the relevant conveyancing transaction written notice of —

the correction which the Authority intends to make under subsection (1); and

the date on which the Authority intends to make the correction.(3) The date mentioned in subsection (2)(b) must not be earlier than 14 days after the date of the written notice mentioned in subsection (2).(4) Any party to the relevant conveyancing transaction may, at any time before the date mentioned in subsection (2)(b) —

notify the Authority that the party agrees to the intended correction; or (b)make representations to the Authority relating to the accuracy of the Authority’s intended correction mentioned in subsection (2)(a).(5) Upon the receipt of any representations made under subsection (4), the Authority may seek clarification from any party to the relevant conveyancing transaction with regard to anything mentioned in the representations which relates to the accuracy of the Authority’s intended correction.(6) The Authority must consider any representations made under subsection (4), together with any clarification obtained by the Authority under subsection (5), and —

if the Authority is satisfied that the Authority’s intended correction mentioned in subsection (2)(a) is inaccurate — give the parties to the relevant conveyancing transaction —

a written notice that the Authority is so satisfied and will not make the correction which the Authority earlier intended to make; or (ii)a written notice that the Authority is so satisfied and will make a different correction on a specified date unless the parties satisfy the Authority that this different correction is inaccurate; or

if the Authority is not satisfied that the Authority’s intended correction mentioned in subsection (2)(a) is inaccurate — proceed to make the correction under subsection (1).(7) Where the Authority gives a written notice mentioned in subsection (6)(a)(ii), subsections (2) to (6) apply, with the necessary modifications, to the proposed different correction.(8) The Authority must maintain a record of every correction made under subsection (1).(9) When any error or omission has been corrected under subsection (1), the error or omission is deemed not to have occurred.Correction by Authority of typographical or clerical error on application of party26.—

Subject to subsection (7), a party to a conveyancing transaction may apply to the Authority in the prescribed form (accompanied by the prescribed application fee) to correct any typographical or clerical error made by the party in any electronic record relating to the conveyancing transaction stored in the electronic transaction system.(2) Upon the receipt of any application mentioned in subsection (1) —

in a case where the typographical or clerical error was made in a data field in the electronic transaction system corresponding to the contents of another electronic record stored in the electronic transaction system (called in this section the source electronic record), the Authority may correct the typographical or clerical error if the Authority is satisfied that the corrected data would accurately correspond to the contents of the source electronic record; or

in any other case, the Authority may correct the electronic record relating to the conveyancing transaction stored in the electronic transaction system, if the Authority is satisfied that all of the parties to the conveyancing transaction consent in writing to —

the correction; and

the date on which the correction should take effect from.(3) When a correction is made by the Authority under subsection (2)(a), the correction takes effect from the date that the source electronic record was first recorded in the electronic transaction system.(4) When a correction is made by the Authority under subsection (2)(b), the correction takes effect from the date of the application under subsection (1) or another date after the firstmentioned date as specified by the Authority taking into account the consent of the parties mentioned in subsection (2)(b).(5) The Authority must maintain a record of every correction made under subsection (2), including any effective date for the correction specified under subsection (4).(6) For the purposes of subsection (4), “date of the application under subsection (1)” means the date on which the complete application under subsection (1), containing all the information required by the Authority to make the correction under subsection (2)(b), was submitted.(7) Subsection (1) does not apply to any error in any type of electronic records which relates to one or more prescribed key terms of the conveyancing transaction.(8) The decision made by the Authority on whether to make a correction under subsection (2) is final.Electronic transaction system — protection of Authority, etc., from liability

by reason of any error, omission, delay or disruption caused in relation to any transaction processed, being processed, or intended to be processed by the electronic transaction system if —

the error, omission, delay or disruption had occurred or arisen as a result of any malfunction of the electronic transaction system or any cybersecurity incident affecting the electronic transaction system; and

the malfunction of the electronic transaction system or cybersecurity incident affecting the electronic transaction system had occurred despite the Authority having acted in good faith and with reasonable care to prevent such malfunction or cybersecurity incident from occurring;

by reason of, or arising in the course of, the person’s use of the electronic transaction system if —

the person used the electronic transaction system in a manner which does not meet the prescribed requirements mentioned in section 23(4); and

the Authority had acted in good faith and with reasonable care in relation to the person’s use of the electronic transaction system mentioned in sub‑paragraph (i) at all relevant times; or

by reason of any correction made under section 26(2) or the specification of an effective date for a correction under section 26(4), if the Authority had acted in good faith and with reasonable care when making the correction under section 26(2) or when specifying the effective date under section 26(4).Rules for this Part28.—

The Minister may make any rules that are necessary or expedient for carrying out the purposes of this Part.(2) Without limiting subsection (1), the Minister may make rules for or with respect to all or any of the following matters:

prescribing the procedure for the use of the electronic transaction system, including the procedure where there is a malfunction of the electronic transaction system or where there is a cybersecurity incident affecting the electronic transaction system;

prescribing the minimum period for which the Authority must keep a record of a conveyancing transaction that was carried out using the electronic transaction system;

prescribing any fees payable for the purposes of this Part, and the manner in which such fees are to be paid;

prescribing what constitutes conveyancing money;

prescribing anything which may be prescribed under this Part;

prescribing such supplementary and incidental provisions that appear to the Minister to be appropriate for carrying out the purposes of this Part.”.