Electronic Conveyancing Act 2014 (WA)

Western Australia Electronic Conveyancing Act 2014 Western Australia Electronic Conveyancing Act 2014 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Interpretation generally 7 5. Exclusion of interpretation legislation of this jurisdiction 7 6A. Numbering 7 6. Purpose 8 7A. Act binds the State 8 Part 2 — Electronic conveyancing Division 1 — Electronic lodgment 7. Documents may be lodged electronically (cf. ECNL s. 7) 9 8. Registrar, Commissioner or Authority to process documents lodged electronically (cf. ECNL s. 8) 9 9. Status of electronic registry instruments (cf. ECNL s. 9) 9 Division 2 — Client authorisations and digital signatures Subdivision 1 — Client authorisations 10. Client authorisations (cf. ECNL s. 10) 10 11. Effect of client authorisation (cf. ECNL s. 11) 11 Subdivision 2 — Digital signatures 12. Reliance on, and repudiation of, digital signatures (cf. ECNL s. 12) 11 Part 3 — Electronic Lodgment Networks Division 1 — Preliminary 13. Electronic Lodgment Network (cf. ECNL s. 13) 14 Division 2 — Operation of Electronic Lodgment Networks 14. Authority may provide and operate ELN (cf. ECNL s. 14) 14 15. Authority may approve ELNO to provide and operate ELN (cf. ECNL s. 15) 14 16. Conditions of approval as ELNO (cf. ECNL s. 16) 15 17. Effect of approval as ELNO (cf. ECNL s. 17) 15 18. ELNO required to comply with operating requirements (cf. ECNL s. 18) 15 19. Renewal of approval as ELNO (cf. ECNL s. 19) 15 20. Revocation or suspension of approval as ELNO (cf. ECNL s. 20) 16 21. Monitoring of activities in ELN (cf. ECNL s. 21) 16 Division 3 — Operating requirements and participation rules 22. Operating requirements for ELNOs (cf. ECNL s. 22) 16 23. Participation rules (cf. ECNL s. 23) 17 24. Registrar to have regard to nationally agreed model operating requirements and participation rules (cf. ECNL s. 24) 18 25. Publication of operating requirements and participation rules (cf. ECNL s. 25) 18 26. Subscribers required to comply with participation rules (cf. ECNL s. 26) 19 27. Waiving compliance with operating requirements or participation rules (cf. ECNL s. 27) 20 Division 4 — Appeals 28. Appeal against decisions of Authority or Registrar (cf. ECNL s. 28) 21 29. Determination of appeal (cf. ECNL s. 29) 22 30A. Responsible tribunal to consider Government policy relating to ELNOs 22 30. Costs (cf. ECNL s. 30) (not used) 23 31. Relationship with Act establishing responsible tribunal (cf. ECNL s. 31) 23 Division 5 — Compliance examinations 32. Definitions (cf. ECNL s. 32) 23 33. Compliance examinations (cf. ECNL s. 33) 23 34. Obligation to cooperate with examination (cf. ECNL s. 34) 24 35. Registrar may refer matter to appropriate authority (cf. ECNL s. 35) 26 36. Land titles legislation not limited (cf. ECNL s. 36) 26 Part 4 — Miscellaneous Division 1 — Delegation 37. Delegation (cf. ECNL s. 37) 27 Division 2 — Liability of Authority, Registrar and Commissioner 38. No obligation to monitor ELN or conduct compliance examination (cf. ECNL s. 38) 27 39. No compensation (cf. ECNL s. 39) 27 40. Authority and Registrar not responsible for additional services provided by ELNO (cf. ECNL s. 40) 28 Division 3 — Relationship with other laws 41. Other laws relating to electronic transactions not affected (cf. ECNL s. 41) 28 42. Powers may be exercised for purposes of this Act (cf. ECNL s. 42) 28 Part 5 — General 43. Notification, tabling and disallowance of operating requirements and participation rules 29 44. Proof of operating requirements and participation rules 30 45. Giving false or misleading information, answer or document an offence 30 46. Regulations 32 47. Review of Act 32 Schedule 1 — Miscellaneous provisions relating to interpretation Part 1 — Preliminary 1. Displacement of Schedule by contrary intention 34 Part 2 — General 2. Act to be construed not to exceed legislative power of Legislature 34 3. Every section to be a substantive enactment 34 4. Material that is, and is not, part of this Act 34 5. References to particular Acts and to enactments 35 6. References taken to be included in Act citation etc. 35 7. Interpretation best achieving Act's purpose 36 8. Use of extrinsic material in interpretation 36 9. Effect of change of drafting practice 38 10. Use of examples 38 11. Compliance with forms 38 Part 3 — Terms and references 12. Terms used 39 13. Provisions relating to defined terms and gender and number 43 14. Meaning of "may" and "must" etc. 43 15. Words and expressions used in statutory instruments 43 16. Effect of express references to bodies corporate and individuals 43 17. Production of records kept in computers etc. 44 18. References to this jurisdiction to be implied 44 19. References to officers and holders of offices 44 20. Reference to certain provisions of Act 45 21. Reference to provisions of this Act or an Act is inclusive 46 Part 4 — Functions and powers 22. Performance of statutory functions 46 23. Power to make instrument or decision includes power to amend or repeal 46 24. Matters for which statutory instruments may make provision 47 25. Presumption of validity and power to make 48 26. Appointments may be made by name or office 48 27. Acting appointments 49 28. Powers of appointment imply certain incidental powers 50 29. Delegation of functions 51 30. Exercise of powers before commencement 53 Part 5 — Distance, time and age 31. Matters relating to distance, time and age 55 Part 6 — Effect of repeal, amendment or expiration 32. Time of Act ceasing to have effect 56 33. Repealed Act provisions not revived 56 34. Saving of operation of repealed Act provisions 57 35. Continuance of repealed provisions 57 36. Act and amending Acts to be read as one 57 Part 7 — Instruments under Act 37. Schedule applies to statutory instruments 57 Notes Compilation table 59 Other notes 59 Defined terms Western Australia Electronic Conveyancing Act 2014 An Act to — * provide for electronic conveyancing in Western Australia by enacting provisions that correspond to the Electronic Conveyancing National Law; and * make consequential and other amendments to the Duties Act 2008, Settlement Agents Act 1981, Taxation Administration Act 2003 and Transfer of Land Act 1893 1, and for related purposes. Part 1 — Preliminary 1. Short title This is the Electronic Conveyancing Act 2014. 2. Commencement This Act comes into operation as follows — (a) Part 1 (other than sections 3 to 7A) — on the day on which this Act receives the Royal Assent; (b) the following provisions — on the day after that day — (i) sections 3 to 7A; (ii) Parts 3 to 5; (iii) Schedule 1; (c) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Terms used (1) In this Act — ARNECC means the Australian Registrars' National Electronic Conveyancing Council established by the Intergovernmental Agreement; associated financial transaction means a transaction of a financial nature that is associated with a conveyancing transaction; Examples for this definition: 1. The payment of the purchase price for the sale and purchase of an interest in land. 2. The advancing of money in return for the granting of a mortgage or charge over an interest in land. 3. The payment of any tax, duty (for example, stamp duty), fee or charge payable in respect of the conveyancing transaction. Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5; client authorisation has the meaning given in section 10; Commissioner means the Commissioner of Titles under the Transfer of Land Act 1893 section 5; compliance examination has the meaning given in section 33; conveyancing transaction means a transaction that involves one or more parties and the purpose of which is — (a) to create, transfer, dispose of, mortgage, charge, lease or deal with in any other way an estate or interest in land; or (b) to get something registered, noted or recorded in the titles register; or (c) to get the registration, note or record of something in the titles register changed, withdrawn or removed; corresponding law — (a) means a law of a jurisdiction that corresponds to the ECNL; and (b) includes a law of a jurisdiction that is prescribed by regulations made under this Act as a corresponding law; digitally sign, in relation to an electronic communication or a document, means create a digital signature for the communication or document; digital signature means encrypted electronic data intended for the exclusive use of a particular person as a means of identifying that person as the sender of an electronic communication or the signer of a document; Electronic Conveyancing National Law or ECNL means the law set out in the Appendix to the Electronic Conveyancing (Adoption of National Law) Act 2012 (NSW) as that Appendix is in force from time to time; ELN means Electronic Lodgment Network — see section 13; ELNO means Electronic Lodgment Network Operator — see section 15; Intergovernmental Agreement means the Intergovernmental Agreement for a National Electronic Conveyancing Law between the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania and the Northern Territory of Australia, that came into operation on 21 November 2011 and as in force from time to time; jurisdiction means State; land titles legislation — (a) means these Acts — (ia) the Community Titles Act 2018; (i) the Licensed Surveyors Act 1909; (ii) the Strata Titles Act 1985; (iii) the Transfer of Land Act 1893; (iv) any other Act prescribed by regulations made under this Act for the purposes of this definition; and (b) includes any subsidiary legislation (as defined in the Interpretation Act 1984 section 5) made under any of those Acts; and (c) also includes any other written law (as defined in the Interpretation Act 1984 section 5) that authorises, permits or requires something — (i) to be lodged for registration, noting or recording in the titles register; or (ii) to be registered, noted or recorded in the titles register; and (d) also includes any Commonwealth Act (as defined in the Interpretation Act 1984 section 5) that authorises, permits or requires something — (i) to be lodged for registration, noting or recording in the titles register; or (ii) to be registered, noted or recorded in the titles register; and (e) also includes any legislative instrument (within the meaning of the Legislative Instruments Act 2003 2 (Commonwealth)) made under any Commonwealth Act to which paragraph (d) applies; law, in relation to a Territory, means a law of, or in force in, that Territory; law of this jurisdiction includes the principles and rules of common law and equity to the extent that they have effect in this jurisdiction from time to time; lodge includes deposit, present and file; operating requirements means the requirements determined under section 22; participating jurisdiction means a jurisdiction that is a party to the Intergovernmental Agreement and in which — (a) the ECNL applies as a law of the jurisdiction, either with or without modifications; or (b) there is a corresponding law; participation agreement, in relation to an ELN, means — (a) if an ELNO provides and operates the ELN, an agreement between the ELNO and another person under which the other person is authorised to use that ELN; or (b) if the Authority provides and operates the ELN, an agreement between the Authority and another person under which the other person is authorised to use that ELN; participation rules means the rules determined under section 23; Registrar means the Registrar of Titles under the Transfer of Land Act 1893 section 7; registry instrument means — (a) any document that may be lodged under the land titles legislation for the purpose of — (i) creating, transferring, disposing of, mortgaging, charging, leasing or dealing with in any other way an estate or interest in land; or (ii) getting something registered, noted or recorded in the titles register; or (iii) getting the registration, note or record of something in the titles register changed, withdrawn or removed; or (b) a document that belongs to a class of document that — (i) may be lodged under the land titles legislation; and (ii) is prescribed by regulations made under this Act for the purposes of this definition; responsible tribunal means the State Administrative Tribunal established under the State Administrative Tribunal Act 2004; State includes a Territory; subscriber means a person who is authorised under a participation agreement to use an ELN to complete conveyancing transactions on behalf of another person or on their own behalf; Territory means the Australian Capital Territory or the Northern Territory of Australia; this jurisdiction means the State of Western Australia; titles register means — (a) the Register referred to in the Transfer of Land Act 1893 section 48; or (b) any register, database or system that — (i) under another Act is a titles register for the purposes of this definition; or (ii) is prescribed by regulations made under this Act or another Act for the purposes of this definition. (2) A term used in this Act (other than Parts 5 to 9) or a statutory instrument and also in the land titles legislation has the same meaning in this Act (other than Parts 5 to 9) or the statutory instrument as it has in that legislation, unless — (a) the term is defined in this Act or the statutory instrument; or (b) the context requires otherwise. [Section 3 amended: No. 32 of 2018 s. 208.] 4. Interpretation generally Schedule 1 applies in relation to this Act (other than Parts 5 to 9). 5. Exclusion of interpretation legislation of this jurisdiction The Interpretation Act 1984 does not apply to — (a) this Act (other than Parts 5 to 9); or (b) the instruments made under this Act (other than regulations made under section 46). 6A. Numbering (1) This Act is numbered in order to maintain consistent numbering between the provisions of Parts 2 to 4 of the ECNL and the corresponding provisions of Parts 2 to 4. (2) A section in Parts 2 to 4 that corresponds to a section of the ECNL includes in its heading a reference to "ECNL" together with a reference to the corresponding ECNL provision. (3) If the ECNL includes a section that is not required in Parts 2 to 4, the section number and heading appearing in the ECNL are included in Parts 2 to 4 even though the body of the section is omitted. (4) Schedule 1 corresponds to Schedule 1 to the ECNL. 6. Purpose (1) The purpose of this Act is to provide for electronic conveyancing in Western Australia by enacting provisions that correspond to the Electronic Conveyancing National Law and in that way achieve the object of that Law. (2) The object of the Electronic Conveyancing National Law is to promote efficiency throughout Australia in property conveyancing by providing a common legal framework that — (a) enables documents in electronic form to be lodged and processed under the land titles legislation of each participating jurisdiction; but (b) does not derogate from the fundamental principles of the Torrens system of land title as incorporated in the land titles legislation of each participating jurisdiction, such as indefeasibility of title. 7A. Act binds the State (1) This Act binds the State. (2) In this section — State means the Crown in right of this jurisdiction, and includes — (a) the Government of this jurisdiction; and (b) a Minister of the Crown in right of this jurisdiction; and (c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction. Part 2 — Electronic conveyancing Division 1 — Electronic lodgment 7. Documents may be lodged electronically (cf. ECNL s. 7) (1) A document may be lodged electronically for the purposes of the land titles legislation if the document is lodged — (a) in a form approved by the Registrar; and (b) by means of an ELN provided and operated under this Act. (2) An approval for the purposes of subsection (1)(a) may be given under the land titles legislation or in some other way that the Registrar considers appropriate. 8. Registrar, Commissioner or Authority to process documents lodged electronically (cf. ECNL s. 8) (1) If a document is lodged electronically in accordance with section 7, the Registrar, the Commissioner or the Authority (whichever is appropriate) must receive and process the document in accordance with the land titles legislation. (2) This section does not limit or affect the need for the document to comply with the requirements of the land titles legislation, this Act or any other law of this jurisdiction. 9. Status of electronic registry instruments (cf. ECNL s. 9) (1) A registry instrument that is in a form in which it can be lodged electronically under section 7 has the same effect as if that instrument were in the form of a paper document. (2) A registry instrument that is digitally signed by a subscriber in accordance with the participation rules applicable to that instrument has the same effect as if a paper document having the equivalent effect had been executed by — (a) if the subscriber signs under a client authorisation, each person for whom the subscriber signs in accordance with the client authorisation; or (b) the subscriber in any other case. (3) If a registry instrument is digitally signed in accordance with the participation rules applicable to that instrument — (a) the instrument is to be taken to be in writing for the purposes of every other law of this jurisdiction; and (b) the requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied. Division 2 — Client authorisations and digital signatures Subdivision 1 — Client authorisations 10. Client authorisations (cf. ECNL s. 10) (1) A client authorisation is a document — (a) that is in the form required by the participation rules; and (b) by which a party to a conveyancing transaction authorises a subscriber to do one or more things on that party's behalf in connection with the transaction so that the transaction, or part of the transaction, can be completed electronically. (2) The following are examples of the things that a client authorisation may authorise a subscriber to do — (a) to digitally sign registry instruments or other documents; (b) to present registry instruments or other documents for lodgment electronically; (c) to authorise or complete any associated financial transaction. 11. Effect of client authorisation (cf. ECNL s. 11) (1) A properly completed client authorisation — (a) has effect according to its terms; and (b) is not a power of attorney for the purposes of any other law of this jurisdiction relating to powers of attorney. (2) If a client authorisation is properly completed, the requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied. (3) Subsections (1) and (2) do not limit or affect the application of any law of this jurisdiction relating to powers of attorney in relation to — (a) the execution of a client authorisation under a power of attorney; or (b) a client authorisation executed under a power of attorney. Subdivision 2 — Digital signatures 12. Reliance on, and repudiation of, digital signatures (cf. ECNL s. 12) (1) If a subscriber's digital signature is created for a registry instrument or other document in connection with a conveyancing transaction, then — (a) unless that subscriber repudiates that digital signature, that registry instrument or other document is to be taken to be signed by that subscriber; and (b) unless that subscriber repudiates that digital signature, that digital signature is binding, in relation to that registry instrument or other document, on — (i) that subscriber; and (ii) all other persons (if any) for whom that subscriber acts under a client authorisation with respect to that conveyancing transaction; and (c) unless that subscriber repudiates that digital signature, 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) any person claiming through or under any person to whom subparagraph (i) applies; and (iv) the Authority, the Registrar and the Commissioner, once that registry instrument or other document is lodged electronically in accordance with section 7; and (d) that subscriber cannot repudiate that digital signature except in the circumstances set out in subsection (4). (2) Subsection (1) applies regardless of — (a) who created the subscriber's digital signature; and (b) the circumstances (including fraud) in which the subscriber's digital signature was created. (3) Subsection (1) does not prevent the unsigning of a registry instrument or other document. (4) Despite subsections (1) and (2), a subscriber can repudiate the subscriber's digital signature with respect to a registry instrument or other document if the subscriber establishes — (a) that the digital signature was not created by the subscriber; and (b) that the digital signature was not created by a person who, at the time the subscriber's digital signature was created for the registry instrument or other document — (i) was an employee, agent, contractor or officer (however described) of the subscriber; and (ii) had the subscriber's express or implied authority to create the subscriber's digital signature for any document or documents; and (c) that neither of the following enabled the subscriber's digital signature to be created for the registry instrument or other document — (i) a failure by the subscriber, or any of the subscriber's employees, agents, contractors or officers, to fully comply with the requirements of the participation rules; (ii) a failure by the subscriber, or any of the subscriber's employees, agents, contractors or officers, to take reasonable care. (5) For the purposes of subsection (4)(b)(ii), it does not matter whether the authority was — (a) general; or (b) limited or restricted to documents of a particular class or to a particular document or in any other way. Part 3 — Electronic Lodgment Networks Division 1 — Preliminary 13. Electronic Lodgment Network (cf. ECNL s. 13) (1) An Electronic Lodgment Network (ELN) is an electronic system that enables the lodging of registry instruments and other documents in electronic form for the purposes of the land titles legislation. (2) An ELN may also enable the preparation of registry instruments and other documents in electronic form for lodging under the land titles legislation. Division 2 — Operation of Electronic Lodgment Networks 14. Authority may provide and operate ELN (cf. ECNL s. 14) The Authority may provide and operate an ELN. 15. Authority may approve ELNO to provide and operate ELN (cf. ECNL s. 15) (1) The Authority may approve a person as an Electronic Lodgment Network Operator (ELNO) to provide and operate an ELN. (2) The Authority must not approve a person under this section unless the person meets the qualifications for approval set out in the operating requirements. (3) An approval under this section must be in writing and must state the period for which it is to have effect. (4) The Authority may grant more than one approval under this section. 16. Conditions of approval as ELNO (cf. ECNL s. 16) (1) The Authority may attach conditions to an approval under section 15, and those conditions must be specified in the approval. (2) The Authority may at any time, by notice in writing to the ELNO, vary or revoke the conditions attached to the approval of that ELNO or attach new or additional conditions. 17. Effect of approval as ELNO (cf. ECNL s. 17) (1) A person who is approved as an ELNO under section 15 may provide and operate an ELN — (a) for the period stated in the approval; and (b) subject to the conditions (if any) attached to the approval; and (c) in accordance with the operating requirements. (2) Subsection (1) is subject to sections 19 and 20. (3) In performing functions as an ELNO, a person approved under section 15 is not and does not represent the State, and is not an agent of the State. (4) The approval of a person as an ELNO does not restrict or prevent the provision, by that person, of services additional to those provided by the ELN. (5) Subsection (4) is subject to the operating requirements. 18. ELNO required to comply with operating requirements (cf. ECNL s. 18) A person approved as an ELNO under section 15 must comply with the operating requirements. 19. Renewal of approval as ELNO (cf. ECNL s. 19) (1) The Authority may renew an approval of a person as an ELNO under section 15 if the Authority is satisfied that the person continues to meet the qualifications for approval set out in the operating requirements. (2) The renewal of an approval under this section must be in writing and must state the period for which the renewal is to have effect. (3) In renewing an approval, the Authority may exercise the powers in section 16 to attach conditions to the approval or vary or revoke conditions attached to the approval. 20. Revocation or suspension of approval as ELNO (cf. ECNL s. 20) The Authority may revoke or suspend the approval of a person as an ELNO in the circumstances set out in the operating requirements. 21. Monitoring of activities in ELN (cf. ECNL s. 21) (1) The Authority, the Registrar and the Commissioner or any of them may monitor activities in an ELN for any purpose, including (without limitation) for the purpose of maintaining the integrity of the titles register. (2) This section does not limit Division 5. Division 3 — Operating requirements and participation rules 22. Operating requirements for ELNOs (cf. ECNL s. 22) (1) The Registrar may determine, in writing, requirements (operating requirements) relating to — (a) the operation of an ELNO; and (b) the provision and operation, by an ELNO, of an ELN. (2) The operating requirements may (without limitation) include provisions relating to the following matters — (a) the financial standing of an ELNO; (b) compliance with the participation rules, including (without limitation) — (i) requiring an ELNO to use a participation agreement when authorising persons to use an ELN; and (ii) requiring participation agreements to incorporate the participation rules; (c) the technical and operational requirements for an ELN; (d) the insurance cover to be held by an ELNO; (e) the circumstances in which the Authority may suspend or revoke the approval of a person as an ELNO; (f) the giving of directions to an ELNO by the Authority or the Registrar, for example a direction to restrict, suspend or terminate a subscriber's or other person's use of an ELN. 23. Participation rules (cf. ECNL s. 23) (1) The Registrar may determine, in writing, rules relating to the use of an ELN (participation rules). (2) The participation rules may (without limitation) include provisions relating to the following matters — (a) the eligibility criteria for subscribers; (b) the obligations of subscribers, including (without limitation) any representations or warranties they are required to give; (c) the circumstances in which a subscriber's authority to use the ELN may be restricted, suspended or terminated; (d) client authorisations; (e) the obligations of subscribers to verify the identity of their clients; (f) the certification of registry instruments and other documents for use in connection with the ELN; (g) digital signing; (h) the retention of documents created or obtained in connection with a subscriber's use of an ELN; (i) compliance by subscribers with the participation rules, including (without limitation) how subscribers demonstrate compliance with the rules, the procedures for notifying non‑compliance and how non‑compliance may be remedied. 24. Registrar to have regard to nationally agreed model operating requirements and participation rules (cf. ECNL s. 24) (1) In this section — model provisions means any model operating requirements or model participation rules from time to time developed and published by ARNECC. (2) In determining operating requirements and participation rules under this Act, and in determining changes to those requirements or rules, the Registrar must have regard to the desirability of maintaining consistency with any model provisions. 25. Publication of operating requirements and participation rules (cf. ECNL s. 25) (1) The Registrar must ensure that the following are publicly available — (a) the current operating requirements and participation rules; (b) all superseded versions of the operating requirements and participation rules. (2) The operating requirements and participation rules, and any changes to either of them, must be made publicly available at least 20 business days before the operating requirements or participation rules or, as the case requires, the changes to them take effect. (3) However, changes to the operating requirements or participation rules may take effect within a shorter period (including immediately on being made publicly available), if the Registrar is satisfied that the changes need to take effect urgently because an emergency situation exists. (4) For the purposes of subsection (3), an emergency situation exists if the Authority, the Registrar or the Commissioner considers that, because of the occurrence of an event or the existence of particular circumstances, the operation, security, integrity or stability of an ELN or the titles register or the land titles system is being, or is likely to be, jeopardised. (5) Documents may be made publicly available in accordance with this section in any manner the Registrar considers appropriate, including (without limitation) by means of a website. (6) It is sufficient compliance with subsection (1)(b) if a superseded version of the operating requirements or participation rules (other than the most recently superseded version) is publicly available only on request made to the Registrar. 26. Subscribers required to comply with participation rules (cf. ECNL s. 26) (1) A subscriber who is authorised under a participation agreement to use an ELN must comply with the participation rules relating to that ELN. (2) If a subscriber contravenes those participation rules — (a) if the Authority operates the ELN, the Authority may restrict, suspend or terminate the subscriber's use of the ELN; (b) if an ELNO operates the ELN, the Authority or the Registrar may direct the ELNO to restrict, suspend or terminate the subscriber's use of the ELN. (3) Subsection (2) does not limit or affect any right, power, authority or remedy that the Authority, the Registrar or an ELNO has under the operating requirements, the participation rules, a participation agreement or any other law of this jurisdiction in relation to contravention of the participation rules. 27. Waiving compliance with operating requirements or participation rules (cf. ECNL s. 27) (1) The Authority or the Registrar may waive compliance with all or any provisions of the operating requirements if the Authority or, as the case requires, the Registrar is satisfied that granting the waiver is reasonable in all the circumstances. (2) The Registrar may waive compliance with all or any provisions of the participation rules if the Registrar is satisfied that granting the waiver is reasonable in all the circumstances. (3) A waiver under this section may — (a) be total or partial; and (b) apply generally to all persons, or be limited in its application to particular persons or particular classes of persons; and (c) apply generally or be limited in its application by reference to specified exceptions or factors; and (d) apply indefinitely or for a specified period; and (e) be unconditional or subject to conditions or restrictions. Division 4 — Appeals 28. Appeal against decisions of Authority or Registrar (cf. ECNL s. 28) (1) A person who is the subject of any of the following decisions (an appellable decision) may require the Authority or the Registrar (whichever is the decision‑maker) to provide, in writing, the grounds for the decision — (a) a decision by the Authority to refuse to approve the person as an ELNO; (b) a decision by the Authority to refuse to renew the person's approval as an ELNO; (c) a decision by the Authority to suspend the person's approval as an ELNO; (d)