South Australian Current Acts

REAL PROPERTY ACT 1886 - SECT 273A

273A—Verification of identity requirements

        (1)         The identity of—

            (a)         a party to an instrument; or

            (b)         a person executing a document for the purposes of this Act (other than a legal practitioner or registered conveyancer acting under a client authorisation),

must be verified in accordance with any prescribed requirements (the "verification of identity requirements").

        (2)         A regulation made for the purposes of prescribing verification of identity requirements under subsection (1) may adopt or apply requirements determined, in writing, by the Registrar-General, as in force at a particular time or from time to time.

        (3)         If requirements determined by the Registrar-General are adopted or applied by the regulations—

            (a)         the Registrar-General must ensure that the following are publicly available on a website maintained by the Registrar-General and in any other manner the Registrar-General considers appropriate:

                  (i)         the current verification of identity requirements;

                  (ii)         all superseded versions of the verification of identity requirements; and

            (b)         if the regulations adopt or apply the requirements as in force from time to time, any new version of the requirements will come into force—

                  (i)         on the day on which the version is published on a website maintained by the Registrar-General; or

                  (ii)         on a subsequent day specified by the Registrar-General in the requirements.

        (4)         The verification of identity requirements may (without limitation)—

            (a)         require verification of identity in relation to all, or specified classes of, instruments or documents; and

            (b)         include a requirement for a person to retain a document or record produced in connection with the verification of another person's identity for a period specified in the requirements.

        (5)         A reference in this Act to the verification of identity requirements, in relation to an instrument or other document, is a reference to the verification of identity requirements in force under this section at the time the identity of a party to the instrument or other document is verified (or purportedly verified).

        (5a)         In civil proceedings (other than review proceedings under this Act) where it is alleged that a person failed to comply with a requirement under the verification of identity requirements, that person bears the onus of proving his or her compliance with the requirement.

        (6)         In this section—

"party to an instrument" includes a person executing an instrument on behalf of another (whether pursuant to a power of attorney or otherwise) but does not include a legal practitioner or registered conveyancer acting under a client authorisation.