Review of the Separation Regime in Model Operating Requirement 5.6

Landgate is Western Australia’s land information authority. We operate as a statutory authority and are governed by a board which is accountable to the Minister for Lands.

Landgate is acting on behalf of the Australian Registrars’ National Electronic Conveyancing Council (ARNECC) as the sponsor of ARNECC’s review of the separation regime in Operating Requirement (OR) 5.6.

The policy intent behind the separation regime is to prevent Electronic Lodgement Network Operators (ELNOs) from gaining an unfair commercial advantage that has the effect of preventing or limiting competition. OR 5.6 therefore contains ‘ring fencing’ provisions that focus on ELNO’s improperly or unfairly using their position in the relevant market(s), for example using data obtained as a result of performing their functions as an ELNO to compete with conveyancing firms.

Respondent(s) will be required to review the separation regime in Version 6.2 of the Model Operating Requirements (MOR), Operating Requirement (OR) 5.6 (the separation regime) and report to ARNECC.

Terms of Reference will form part of the package of information for the Respondent, to assist in undertaking this review.