Victorian Current Acts Victorian Current ActsSchedule 12B—Electronic transactions in the water register
1 Registrar may provide electronic lodgement network
(1) The Registrar may provide or cause to be provided an electronic lodgement network for the purpose of lodging electronic documents for recordings to be made in the water register in respect of water shares.
(2) The Registrar, from time to time, may determine requirements for the electronic lodgement network which may include—
(a) conditions of access to the electronic lodgement network;
(b) requirements for the retention of documents supporting or authenticating electronic documents, including periods for retention;
(c) insurance requirements;
(d) any other prescribed matter.
(3) The Registrar must publish notice in the Government Gazette of any requirements determined under this clause.
2 Restriction on lodgement of electronic instruments
(1) The Registrar is not required to accept an electronic document for recording in the water register in respect of a water share unless—
(a) the electronic document contains the information required by the Registrar and is in the form (if any) approved by the Registrar; and
(b) the electronic document complies with the prescribed requirements (if any); and
(c) the electronic document is lodged in the electronic lodgement network established under clause 1 in the manner required by the Registrar; and
(d) any relevant certificate required under clause 9 is lodged in the electronic lodgement network; and
(e) the parties to the electronic document have specified the person who is to be the responsible party under this Schedule (the responsible party ) for the recording of the electronic document.
(2) If the Registrar refuses to register an electronic document and the parties to the electronic document wish to proceed with the relevant recording in the water register, the Registrar may require the relevant documents to be executed and lodged for recording in a form other than an electronic communication.
(3) The Registrar must publish notice in the Government Gazette of any information, form or manner of lodgement required by the Registrar under this clause.
3 Agents for lodging electronic documents must be eligible persons
(1) A person (the agent ) must not lodge an electronic document for recordings to be made in the water register on behalf of any person (the "principal") unless—
(a) the agent is an eligible person; and
(b) the principal has authorised the agent in writing signed by the principal to execute the electronic document and lodge it with the Registrar for a recording to be made in the water register on the principal's behalf.
(2) For the purposes of this clause "eligible person" means—
(a) an Australian legal practitioner; or
(b) a person who holds insurance of a kind and amount acceptable to the Registrar; or
(c) a person who complies with any other eligibility requirements determined by the Registrar.
(3) The Registrar may at any time require evidence of a person's eligibility or authority to act as agent under subclause (1).
(4) The Registrar may from time to time publish details of—
(a) the kinds and amounts of insurance that are acceptable for the purposes of this clause;
(b) the criteria for a person to be an eligible person under subclause (2)(c).
4 Registrar may deal exclusively with responsible party
If an electronic document is lodged in the electronic lodgement network for recording in the water register, the Registrar is only required to deal with the person nominated under clause 2(1)(e) as the responsible party for the purposes of—
(a) requiring the person to submit any documents or provide any information in relation to the electronic document and the relevant water share;
(b) returning any documents lodged with the Registrar in respect of the relevant water share or the electronic document;
(c) Part 5A or this Schedule in relation to the electronic document.
5 Notification of recording
If the Registrar makes a recording in relation to a water share in the water register pursuant to an electronic document under this Schedule, the Registrar must cause a notification of that recording to be given to—
(a) the owner of the water share or that person's agent (if any); or
(b) the person nominated under clause 2(1)(e) as the responsible party in respect of the electronic document or a person nominated by that responsible party.
6 Evidence of recording of electronic document
(1) On the application of any person, the Registrar must produce a document in writing recording information that was recorded in the water register as a result of an electronic document.
(2) A document produced under subclause (1) must be certified by the Registrar as a true representation of the record or information in the water register.
(3) A document produced under this clause is evidence of the matters contained in the document.
(4) An application under this clause must be in the approved form.
7 Electronic lodgement network malfunction
(1) The Registrar may amend the water register to correct errors in the water register and supply entries or recordings omitted to be made in the water register if the error or omission resulted from a malfunction of the electronic lodgement network.
(2) The Registrar must keep a record of every correction under subclause (1).
(3) Every correction under subclause (1) is to have the same validity and effect as if the error or omission had not occurred.
8 Registrar may require production of documents
(1) For the purposes of Part 5A and this Schedule, the Registrar, by notice in writing, may require any person who has lodged, or proposes to lodge, an electronic document in the electronic lodgement network to produce any document supporting or authenticating an electronic document that is required to be retained under any requirement determined by the Registrar under clause 1(2)(b).
(2) A person who has received a notice under subclause (1) must comply with a requirement in that notice within the period specified in the notice, being not less than 14 days.
(3) If a person fails to comply with a notice under subclause (1), the Registrar may terminate that person's access to the electronic lodgement network.
9 Registrar may specify matters to be certified
The Registrar, by notice published in the Government Gazette, may specify—
(a) any matters relating to an electronic document that must be certified under this Schedule; and
(b) the method of electronic certification required for those matters; and
(c) the class or classes of person who may certify those matters.
10 Evidence of electronic documents
(1) On the application of any person, the Registrar must produce a document in writing recording information contained in an electronic document that has been lodged for recording in the water register.
(2) A document produced under subclause (1) must be certified by the Registrar as a true representation of the information in the electronic document.
(3) A document certified under subclause (2) is evidence of the matters contained in the document.
(4) An application under this clause must be in the approved form and be accompanied by the prescribed fee (if any).
11 Electronic certification of electronic documents
(1) The Registrar may produce in an electronic form a representation of any electronic document lodged in the electronic lodgement network.
(2) The Registrar may certify the electronic representation in any manner determined by the Registrar.
(3) A representation of an electronic document certified in accordance with this clause is evidence of the contents and nature of the electronic document.
Sch. 13 amended by Nos 13/1990 s. 46(c), 12/1992 s. 7(3), 62/1995 s. 44(7), repealed by No. 32/2010 s. 71(2).
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Sch. 14
amended by No. 52/1998
s. 311(Sch. 1 item 105.50), repealed by
No. 32/2010 s. 72(2).
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Sch. 15 inserted by No. 99/2005 s. 71.