Electronic Conveyancing National Law (South Australia) Act 2013 (SA)

South Australia Electronic Conveyancing National Law (South Australia) Act 2013 An Act to make provision for a national law relating to electronic conveyancing. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Definitions Part 2—Application of Electronic Conveyancing National Law 4 Application of Electronic Conveyancing National Law 5 Meaning of generic terms in Electronic Conveyancing National Law for purposes of this jurisdiction 6 Amendments to Schedule to maintain national consistency 7 Time for appeal against decisions of Registrar 8 Exclusion of legislation of this jurisdiction Part 3—Regulations 9 Regulations Schedule 1—Electronic Conveyancing National Law Part 1—Preliminary 1 Short title 2 Commencement 3 Definitions 4 Interpretation generally 5 Object of this Law 6 Law binds the State Part 2—Electronic Conveyancing Division 1—Electronic lodgement 7 Documents may be lodged electronically 8 Registrar to process documents lodged electronically 9 Status of electronic registry instruments Division 2—Client authorisations and digital signatures Subdivision 1—Client authorisations 10 Client authorisations 11 Effect of client authorisation Subdivision 2—Digital signatures 12 Reliance on, and repudiation of, digital signatures Part 3—Electronic Lodgement Networks Division 1—Preliminary 13 Electronic Lodgement Network Division 2—Operation of Electronic Lodgement Networks 14 Registrar may provide and operate ELN 15 Registrar may approve ELNO to provide and operate ELN 16 Conditions of approval as ELNO 17 Effect of approval as ELNO 18 ELNO required to comply with operating requirements 19 Renewal of approval as ELNO 20 Revocation or suspension of approval as ELNO 21 Monitoring of activities in ELN Division 3—Operating requirements and participation rules 22 Operating requirements for ELNOs 23 Participation rules 24 Registrar to have regard to nationally agreed model operating requirements and participation rules 25 Publication of operating requirements and participation rules 26 Subscribers required to comply with participation rules 27 Waiving compliance with operating requirements or participation rules Division 4—Appeals 28 Appeal against decisions of Registrar 29 Determination of appeal 30 Costs 31 Relationship with Act establishing responsible tribunal Division 5—Compliance examinations 32 Definitions 33 Compliance examinations 34 Obligation to cooperate with examination 35 Registrar may refer matter to appropriate authority 36 Land titles legislation not limited Part 4—Miscellaneous Division 1—Delegation 37 Delegation by Registrar Division 2—Liability of Registrar 38 Registrar not obliged to monitor ELN or conduct compliance examination 39 No compensation 40 Registrar not responsible for additional services provided by ELNO Division 3—Relationship with other laws 41 Other laws relating to electronic transactions not affected 42 Powers may be exercised for purposes of this Law Schedule 1—Miscellaneous provisions relating to interpretation Part 1—Preliminary 1 Displacement of Schedule by contrary intention Part 2—General 2 Law to be construed not to exceed legislative power of Legislature 3 Every section to be a substantive enactment 4 Material that is, and is not, part of this Law 5 References to particular Acts and to enactments 6 References taken to be included in Act or Law citation etc 7 Interpretation best achieving Law's purpose 8 Use of extrinsic material in interpretation 9 Effect of change of drafting practice 10 Use of examples 11 Compliance with forms Part 3—Terms and references 12 Definitions 13 Provisions relating to defined terms and gender and number 14 Meaning of "may" and "must" etc 15 Words and expressions used in statutory instruments 16 Effect of express references to bodies corporate and individuals 17 Production of records kept in computers etc 18 References to this jurisdiction to be implied 19 References to officers and holders of offices 20 Reference to certain provisions of Law 21 Reference to provisions of this Law or an Act is inclusive Part 4—Functions and powers 22 Performance of statutory functions 23 Power to make instrument or decision includes power to amend or repeal 24 Matters for which statutory instruments may make provision 25 Presumption of validity and power to make 26 Appointments may be made by name or office 27 Acting appointments 28 Powers of appointment imply certain incidental powers 29 Delegation of functions 30 Exercise of powers before commencement Part 5—Distance, time and age 31 Matters relating to distance, time and age Part 6—Effect of repeal, amendment or expiration 32 Time of Law ceasing to have effect 33 Repealed Law provisions not revived 34 Saving of operation of repealed Law provisions 35 Continuance of repealed provisions 36 Law and amending Acts to be read as one Part 7—Instruments under Law 37 Schedule applies to statutory instruments Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Electronic Conveyancing National Law (South Australia) Act 2013. 2—Commencement (1) This Act will come into operation on a day to be fixed by proclamation. (2) Section 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or a provision of this Act. 3—Definitions (1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Electronic Conveyancing National Law set out in the Schedule. (2) In the local application provisions of this Act— Electronic Conveyancing National Law (South Australia) means the provisions applying in this jurisdiction because of section 4; South Australian Electronic Conveyancing National Law text means the Electronic Conveyancing National Law set out in Schedule 1 (as in force for the time being). (3) Terms used in the local application provisions of this Act and also in the South Australian Electronic Conveyancing National Law text have the same meanings in those provisions as they have in that text. (4) The Schedule forms part of this Act but notes included in this Act (other than in the Schedule) do not form part of this Act. Part 2—Application of Electronic Conveyancing National Law 4—Application of Electronic Conveyancing National Law The South Australian Electronic Conveyancing National Law text— (a) applies as a law of South Australia; and (b) as so applying may be referred to as the Electronic Conveyancing National Law (South Australia). 5—Meaning of generic terms in Electronic Conveyancing National Law for purposes of this jurisdiction In the Electronic Conveyancing National Law (South Australia)— land titles legislation includes any law of this jurisdiction that authorises or requires something to be registered, noted or recorded in the titles register; Registrar means the Registrar‑General; registry instrument means any document that may be lodged under the land titles legislation for the purpose of— (a) creating, transferring, disposing of, mortgaging, charging, leasing or dealing with in any other way an estate or interest in land; or (b) getting something registered, noted or recorded in the titles register; or (c) getting the registration, note or record of something in the titles register changed, withdrawn or removed; responsible tribunal means the Administrative and Disciplinary Division of the District Court; this jurisdiction means the State of South Australia; titles register means— (a) the Register Book maintained under the Real Property Act 1886; or (b) any other register prescribed by the regulations for the purposes of this definition. 6—Amendments to Schedule to maintain national consistency (1) If— (a) the Parliament of New South Wales enacts an amendment to the Electronic Conveyancing National Law set out in the Appendix to the Electronic Conveyancing (Adoption of National Law) Act 2012 of New South Wales; and (b) the Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of New South Wales should be made to the Electronic Conveyancing National Law (South Australia), the Governor may, by regulation, amend the South Australian Electronic Conveyancing National Law text. (2) The Governor may, as part of a regulation made under subsection (1), make any additional provisions (including so as to modify the terms of an amendment that has been made to the Electronic Conveyancing National Law by the Parliament of New South Wales or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Electronic Conveyancing National Law has proper effect in South Australia. (3) A regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment to the Electronic Conveyancing National Law made by the Parliament of New South Wales (including a day that is earlier than the day of the regulation's publication in the Gazette). 7—Time for appeal against decisions of Registrar A person who appeals against a decision of the Registrar under section 28(2) of the Electronic Conveyancing National Law (South Australia) must institute the appeal within 28 days after receiving the written grounds for the decision referred to in subsection (1) of that section. 8—Exclusion of legislation of this jurisdiction The Acts Interpretation Act 1915 does not apply to the Electronic Conveyancing National Law (South Australia) or other instruments (excluding local regulations) made under the Electronic Conveyancing National Law (South Australia). Part 3—Regulations 9—Regulations (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), the regulations may make provision in relation to the operating requirements and the participation rules, including— (a) provisions of a savings or transitional nature; and (b) definitions, interpretive and other provisions to apply in South Australia. Schedule 1—Electronic Conveyancing National Law Part 1—Preliminary 1—Short title This Law may be cited as the Electronic Conveyancing National Law. 2—Commencement This Law commences in a participating jurisdiction as provided by the application law of that jurisdiction. 3—Definitions (1) In this Law: application law means a law of a participating jurisdiction that— (a) applies this Law, either with or without modifications, as a law of the participating jurisdiction; or (b) is a corresponding law; 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— 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. client authorisation has the meaning given in section 10; 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 this Law; and (b) includes a law of a jurisdiction that is prescribed by regulations made under a law of this jurisdiction as a corresponding law; 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; digitally sign, in relation to an electronic communication or a document means create a digital signature for the communication or document; ELN means Electronic Lodgement Network—see section 13; ELNO means Electronic Lodgement 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, for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction; 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) this Law 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 Registrar provides and operates the ELN, an agreement between the Registrar and another person under which the other person is authorised to use that ELN; participation rules means the rules determined under section 23; Registrar, for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction; registry instrument, for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction; responsible tribunal, for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction; 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; titles register, for the purposes of the application of this Law as a law of a participating jurisdiction, has the meaning given by the application law of the jurisdiction. (2) A term used in this Law or a statutory instrument and also in the land titles legislation has the same meaning in this Law or the statutory instrument as it has in that legislation, unless the term is defined in this Law or the statutory instrument or the context requires otherwise. 4—Interpretation generally Schedule 1 applies in relation to this Law. 5—Object of this Law (1) The object of this 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. (2) In order to achieve this object, this Law, among other things, authorises the Registrar in each participating jurisdiction to operate or authorise the operation of an Electronic Lodgement Network, and provides for the making of rules relating to the operation of the Electronic Lodgement Network. 6—Law binds the State (1) This Law 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 lodgement 7—Documents may be lodged electronically (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 Law. (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 to process documents lodged electronically (1) If a document is lodged electronically in accordance with section 7, the Registrar 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 Law or any other law of this jurisdiction. 9—Status of electronic registry instruments (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 (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 lodgement electronically; (c) to authorise or complete any associated financial transaction. 11—Effect of client authorisation (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 (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) the 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 Registrar, 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 Lodgement Networks Division 1—Preliminary 13—Electronic Lodgement Network (1) An Electronic Lodgement 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 Lodgement Networks 14—Registrar may provide and operate ELN The Registrar may provide and operate an ELN. 15—Registrar may approve ELNO to provide and operate ELN (1) The Registrar may approve a person as an Electronic Lodgement Network Operator (ELNO) to provide and operate an ELN. (2) The Registrar 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 Registrar may grant more than one approval under this section. 16—Conditions of approval as ELNO (1) The Registrar may attach conditions to an approval under section 15, and those conditions must be specified in the approval. (2) The Registrar 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 (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 A person approved as an ELNO under section 15 must comply with the operating requirements. 19—Renewal of approval as ELNO (1) The Registrar may renew an approval of a person as an ELNO under section 15 if the Registrar 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 Registrar 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 The Registrar 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 (1) The Registrar 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 (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 Registrar may suspend or revoke the approval of a person as an ELNO; (f) the giving of directions to an ELNO by 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 (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 (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 Law, 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 (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 Registrar 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 (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, the Registrar may— (a) if the Registrar operates the ELN, restrict, suspend or terminate the subscriber's use of the ELN; or (b) if an ELNO operates the ELN, 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 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 (1) The Registrar may waive compliance with all or any provisions of the operating requirements or participation rules if the Registrar is satisfied that granting the waiver is reasonable in all the circumstances. (2) 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 Registrar (1) A person who is the subject of any of the following decisions (an appealable decision) may require the Registrar to provide, in writing, the grounds for the decision: (a) a decision by the Registrar to refuse to approve the person as an