New South Wales Consolidated Acts

LAND AND PROPERTY INFORMATION NSW (AUTHORISED TRANSACTION) ACT 2016 - SECT 13

13 Authorised concession arrangements

(1) The authorised concession arrangements are to include provision for the following (without limiting the matters for which the authorised concession arrangements can make provision):

(a) the appointment of a private sector entity as
"authorised operator" ,

(b) the grant to the authorised operator of a concession that authorises the authorised operator to maintain the Register and provide specified titling and registry services on the terms and conditions specified in the authorised concession arrangements,

(c) the competition and data protection measures required by this section,

(d) the standards in accordance with which the authorised operator is required to provide titling and registry services,

(e) the delegation to the authorised operator of such titling and registry functions as may be necessary or convenient for the purposes of the authorised concession,

(f) the functions of the portfolio Minister and the Registrar-General for the purposes of the authorised concession.

(2) The competition and data protection measures required by this section are measures that the portfolio Minister is satisfied will:

(a) ensure that electronic forms of the Register are stored on dedicated physical infrastructure located within Australia, and

(b) require the implementation and maintenance by the authorised operator of appropriate data security and fraud detection practices, and

(c) protect current competition and opportunities for future competition in the supply of services downstream from titling and registry services by ensuring fair, transparent and predictable dealing by the authorised operator with customers and service providers, and

(d) ensure that any right, title or interest of the State in information comprised in the Register continues to be held by the State and is not acquired by the authorised operator (without preventing arrangements for the use of information by the authorised operator for the purposes of the authorised concession).

(3) The authorised concession arrangements can include transaction arrangements entered into by the Registrar-General at the direction of the portfolio Minister.

(4) The authorised concession arrangements require the approval of the Treasurer before the authorised concession is established but any variation to those arrangements (including additional arrangements) after commencement of the authorised concession does not require the approval of the Treasurer.