Land title Identity verification forms

Transcription

1 Land title Identity verification forms Use of these forms Notice to AusPost Staff This set of documents has been approved by AusPost for use in the Verification of Identity in accordance with the ARNECC Model Participation Rules and may be used at any AusPost office where Verification of Identity services are provided, throughout Australia. Introduction of the Client Authorisation form The Client Authorisation form is a recent addition to the AusPost Verification of Identity procedure, and may not be immediately recognised by some AusPost agencies. To avoid difficulties arising where AusPost staff are unfamiliar with the Client Authorisation form, AusPost have advised as follows: Please report any instances of a Client Authorisation Form not being accepted / not being processed in a compliant manner to our specialist support team so the issue(s) can be remedied and a compliant outcome reached. They can be contacted through or directly at LandTitleVOI@auspost.com.au Client Authorisation to be completed in full The Client Authorisation form must be completed in full so as to include the full name and address of the client or client agent (e.g. agent acting under a power of attorney) AND the address of the property. The form must also be signed by the client or client agent. A complete set of documents for an individual is comprised of: 1. The Land Title Identity Verification Form and 2. The Client Authorisation Form and 3. Supporting documentation and current photograph confirming identity.

2 Land title Identity verification form m?ost Your identity document requirements To verify your identity, the details in section A must exactly match your identification documents. Section C should contain the address of the property being transacted (e.g. address of the property being sold, transferred, etc). If you have changed your name from that on the identity document, you will also need to provide a change of name document. Please check which documents are acceptable below. To satisfy the identity document requirement, you must produce original and current documents in one of the following categories. A translation will be required for Passports, Drivers licences and Birth certificates if not in English. The English translation is to be completed by a NAATI accredited translator (go to for details). You should produce two category 1 documents, if these have been issued to you. If you cannot satisfy category 1 requirements then you must produce documents from the highest category possible. Australian citizen or resident Non-Australian citizen or resident Category 1 category2 category3 category II category& ONE of the following ONE of the following ONE of the following ONE of the following Foreign passport Australian passport Australian passport Australian drivers a) Declaration of identity" AND Foreign passport Foreign passport licence (issued in the last 3 including an including an Proof of age card I months) plus either ONE of the following Australian resident Australian resident Photo card full birth certificate or (a) Australian I visa label visa label citizenship certificate foreign drivers licence Proof of age card AND AND AND OR I Photo card b) Declaration of identity ONE of the following ONE of the following ONE of the following (issued in the last OR (b) Full birth Australian drivers Full birth certificate Full birth certificate 3 months) by an certificate licence Citizenship certificate Citizenship certificate authorised persons"# AND Proof of age card I Photo card AND AND AND ONE of the following Medicare card Centrelink card ONE of the following ONE of the following ONE of the following Medicare card Medicare card Medicare card DVA card Centrelink card Centrelink card Centrelink card Foreign government DVA card DVAcard DVA card issued identity document AND (if required) AND (if required) AND (if required) AND (if required) AND (if required) Change of name* Change of name* Change of name* Change of Name* Change of Name* Marriage certificate Marriage certificate Marriage certificate Marriage certificate Marriage certificate Change of name Change of name Change of name Change of name Change of name certificate certificate certificate certificate certificate How to lodge your application at Australia Post 1. Lodge your form at any participating Australia Post retail outlet. To find the nearest participating outlet, please go to auspost.com.au/find/landtitle or call 13 POST ( ). 2. Do not complete section D. Your signature must be witnessed by the Australia Post verifier. 3. Identification documents presented must be original and current. 4. Your identity documents will be certified as true copies and forwarded to your conveyancer/ lawyer I mortgagee. 5. Your photo will be taken by Australia Post and forwarded to your conveyancer/ lawyer I mortgagee. 6. The fee for the verification of identity service is payable to Australia Post. Fees can be paid by cash, EFTPOS, Visa or MasterCard. Cheques are not accepted. 7. If you have your Land Titles Registration Office document, it must be presented when you lodge your application at Australia Post. If your foreign passport does not contain an Australian visa sticker, you must present a letter I printed from the Department of Immigration with your visa details; * Must be issued by the Registry of Births, Deaths and Marriages. Documents issued by a celebrant are not acceptable; " The Declaration of Identity is a statutory declaration and must detail the following: The full name, address and date of birth (must be 18+ years of age) of the person making the declaration; The occupation of the person making the declaration; The nature of the declarants relationship with the person being identified; Declaring that they are not a relative of the person being identified; That the declarant is not a party to t he conveyancing transaction the person being identified has or is entering into; The length of time that they have known the person being identified (must be more than 12 months); That to the declarants knowledge, information and belief the person being identified is who they purport to be; and The person being identified and the person making the statutory declaration are to attend and be verified in the same face-to-face in-person interview. # Where category 4(b) is used, the declarant must be a Bank Manager, c ommunity Leader, Court Officer, Medical Practitioner, Land Council Officeholder, Local Government Officeholder, Nurse, Public Servant, Police Officer, Legal Practitioner or Conveyancer. Page 1 of 2

3 Land title II I I I I II * Identity verification form Sections A, B and C (if applicable) must be completed in full before you lodge your form. Please use black ink and print within the boxes in block letters. Name of conveyancer/ lawyer/ mortgagee NOTE: This form is barcoded for exclusive use by clients of: ::::::::;:-DDDDDDDDD:I lliddddd DDDDDDDDDDD[] I I IDDDDD LAWYERS CONVEYANCING - Suite 6, 3-5 Hewish Road, Croydon Victoria 3136 A. Details of applicant Title Family name /surname ,DI l,oddd,i l,lddd,i Given name(s) (full name no initials) Date of birth (DD I MM I YYYY) B. Current residential address Unit number I street number I street name Suburb I locality Contact phone number I... I l,dddddi I.ODDI c. Property details - of property being transacted (if applicable) Unit number I street number I street name Suburb I locality -l."---"'--',d[] IDDDDI... J[l D. Declaration by applicant rjddddddddd[] Do not sign until you lodge this form at Australia Post Your signature must t be witnessed by the Australia Post verifier. I acknowledge that the information on this form is true and correct. Please sign in black ink inside the box L Date (DD I MM I YY) 1 DD[] I I IDDDDD Photo to be taken and attached by Australia Post verifier only Disclaimer and privacy notice - Australia Post collects your personal information whilst acting as an agent forthe third party conveyancer/lawyer/mortgagee referred to on this form, to assist that third party in verifying your identity. Without that information, Australia Post may be unable to assist in the verification of your identity. For this purpose, you hereby consent to your personal information being disclosed by Australia Post to that third party, and to government bodies and enforcement agencies for the purposes of compliance with, or the enforcement of, law. Subject to certain exceptions allowed by law, you may request access to your personal information while it is stored by Australia Post. We will give you reasons where we deny access. Any privacy concerns or requests to access, update or correct any personal information should be directed to: The Privacy Contact Officer, Australia Post, GPO Box 1777, Melbourne, Vic, 31. To view Australia Post's privacy policy go to auspost.com.au. ---"--'--"-..;._...;...-'"-"""-'-"-'"----'"'-- E. Australia Post use only State State Postcode Postcode Secure photo face up E E E E N (V) (V) ' r::: \\ I, the Verifier listed below, hereby certify that; 1. This identification relates to the person listed in section A, 2. The identification was carried out on the date shown below, 3. Identification documents presented must be original and current. Certified copies are attached to the form. 4. Each photograph in the identity documents produced to me appear to be a reasonable likeness of the person being J!l identified. {l 5. The identity verification has been conducted in accordance with the Registrar's Verification of Identity Policy w (defined in the Point of Sale system). 6. I witnessed the person listed in Section A sign a Land Titles Registration Office document (if presented by the applicant). Verifier's name Comments Date (DD I MM I YY) Work centre code Verifier's signature Identity verified by m?ost Page PAS QUALi PHOT I ORT I ']..J 2 of 2 N a ;;; 2 u Q) "' g: LO ll >

4 CLIENT AUTHORISATION When this form is signed, the Representative is authorised to act for the Client in a Conveyancing Transaction(s). Privacy Collection Statement: The information in this form is collected under statutory authority and used for the purpose of maintaining publicly searchable registers and indexes. Representative Reference: CLIENT DETAILS NAME ACN/ARBN ADDRESS CLIENT NAME AND ADDRESS TRANSACTION DETAILS AUTHORITY TYPE PROPERTY ADDRESS LAND TITLE REFERENCE(S) (and/or property description) CONVEYANCING TRANSACTION(S) SPECIFIC AUTHORITY (set out conveyancing transaction details below) (Write full address of property on the line above) STANDING AUTHORITY ends on revocation or expiration date: / / (tick relevant conveyancing transaction(s) below) BATCH AUTHORITY (attach details of conveyancing transaction(s)) TRANSFER MORTGAGE CAVEAT TRANSFER MORTGAGE CAVEAT PRIORITY/ SETTLEMENT NOTICE DISCHARGE/ RELEASE OF MORTGAGE CONVEYANCING TRANSACTION WITHDRAWAL OF CAVEAT PRIORITY/ SETTLEMENT NOTICE DISCHARGE/ RELEASE OF MORTGAGE WITHDRAWAL OF CAVEAT ADDITIONAL INSTRUCTIONS OTHER CLIENT AUTHORISATION AND SIGNING CLIENT or CLIENT AGENT I CERTIFY that: (a) I am the Client or Client Agent; and (b) I have the legal authority to instruct the Representative in relation to the Conveyancing Transaction(s); and (c) If I am acting as a Client Agent that I have no notice of the revocation of my authority to act on behalf of the Client. I AUTHORISE the Representative to act on my behalf, or where I am a Client Agent to act on behalf of the Client, in accordance with the terms of this Client Authorisation and any Participation Rules and any Prescribed Requirement to: (a) sign Documents on my behalf as required for the Conveyancing Transaction(s); and (b) submit or authorise submission of Documents for lodgment with the relevant Land Registry; and (c) authorise any financial settlement involved in the Conveyancing Transaction(s); and (d) do anything else necessary to complete the Conveyancing Transaction(s). CLIENT/CLIENT AGENT NAME SIGN HERE CAPACITY AUSTRALIAN CONSULAR OFFICE WITNESS (if applicable) NAME DATE REPRESENTATIVE DETAILS AND SIGNING NAME ACN/ARBN ADDRESS REPRESENTATIVE Lawyers Real Estate Pty Ltd ABN Trading as Lawyers Conveyancing Suite 6, 3-5 Hewish Road, Croydon 3136 REPRESENTATIVE AGENT (AusPost) I/We CERTIFY that reasonable steps have been taken to ensure that this Client Authorisation was signed by the Person named above as Client or Client Agent. SIGNATURE OF REPRESENTATIVE OR REPRESENTATIVE AGENT IF APPLICABLE: SIGNATORY NAME: DATE / / SIGN HERE CAPACITY:

5 Terms of this Client Authorisation 1 What is Authorised The Client authorises the Representative to act on behalf of the Client in accordance with the terms of this Client Authorisation and any Participation Rules and any Prescribed Requirement to: (a) sign Documents on the Client s behalf as required for the Conveyancing Transaction(s); and (b) (c) (d) submit or authorise submission of Documents for lodgment with the relevant Land Registry; and authorise any financial settlement involved in the Conveyancing Transaction(s); and do anything else necessary to complete the Conveyancing Transaction(s). The Client acknowledges that the Client is bound by any Documents required in connection with a Conveyancing Transaction that the Representative signs on the Client s behalf in accordance with this Client Authorisation. 2 Mortgagees Where: (a) (b) the Representative represents the Client in the Client s capacity as mortgagee; and the Client represents to the Representative that the Client has taken reasonable steps to verify the identity of the mortgagor the Client indemnifies the Representative for any loss resulting from the Client s failure to take reasonable steps to verify the identity of the mortgagor. 3 Revocation This Client Authorisation may be revoked by either the Client or the Representative giving notice in writing to the other that they wish to end this Client Authorisation. 4 Privacy and Client Information The Client acknowledges that information relating to the Client that is required to complete a Conveyancing Transaction, including the Client s Personal Information, may be collected by and disclosed to the Duty Authority, the ELNO, the Land Registry, the Registrar and third parties (who may be located overseas) involved in the completion of the Conveyancing Transaction or the processing of it, and consents to the collection and disclosure of that information to any of those recipients, including to those who are overseas. For further information about the collection and disclosure of your Personal Information, refer to the relevant party s privacy policy. 5 Applicable Law This Client Authorisation is governed by the law in force in the Jurisdiction in which the Property is situated. The Client and the Representative submit to the non-exclusive jurisdiction of the courts of that place. 6 Meaning of Words Used in this Client Authorisation In this Client Authorisation, capitalised terms have the meaning set out below:

6 Australian Legal Practitioner has the meaning given to it in the relevant legislation of the Jurisdiction in which the property is situated and in South Australia is a legal practitioner for the purposes of the Legal Practitioners Act 1981 (SA). Batch Authority means an authority for the Representative to act for the Client in a batch of Conveyancing Transactions details of which are attached to this Client Authorisation. Capacity means the role of the signatory (for example an attorney or a director of a company). Caveat means a Document giving notice of a claim to an interest in land that may have the effect of an injunction to stop the registration of a Registry Instrument or other Document in the Titles Register. Client means the Person or Persons named in this Client Authorisation. Client Agent means a Person authorised to act as the Client s agent but does not include the Representative acting solely in this role. Conveyancing Transaction has the meaning given to it in the ECNL. Discharge/Release of Mortgage means a Document that discharges or releases a Mortgage. Document has the meaning given to it in the ECNL. Duty Authority means the State Revenue Office of the Jurisdiction in which the property is situated. ECNL means the Electronic Conveyancing National Law as adopted or implemented in a Jurisdiction by the application law, as amended from time to time. ELNO means Electronic Lodgment Network Operator and has the meaning given to it in the ECNL. Identity Agent means a Person who is an agent of either a Representative, or a mortgagee represented by a Representative, and who: (a) the Representative or mortgagee reasonably believes is reputable, competent and appropriately insured; and (b) is authorised by the Representative or mortgagee to conduct verification of identity on behalf of the Representative or mortgagee in accordance with the Verification of Identity Standard. Jurisdiction means an Australian State or Territory. Land Registry means the agency of a State or Territory responsible for maintaining the Jurisdiction s Titles Register. Land Title Reference means the relevant Land Registry s unique identifier(s) for the property. Law Practice has the meaning given to it in the relevant legislation of the Jurisdiction in which the land the subject of the Conveyancing Transaction is situated. Licensed Conveyancer means a Person licensed or registered under the relevant legislation of the Jurisdiction in which the property is situated and in Western Australia is a real estate settlement agent for the purposes of the Settlement Agents Act 1981 (WA). Mortgage means a Document by which a Person charges an estate or interest in land as security. Participation Rules, as amended from time to time, has the meaning given to it in the ECNL. Person has the meaning given to it in the ECNL. Personal Information has the meaning given to it in the Privacy Act 1988 (Cth).

7 Prescribed Requirement means any Published requirement of the Registrar that Representatives are required to comply with. Priority/Settlement Notice means a notice (other than a Caveat) which prevents (subject to specified exceptions) registration or recording in the Titles Register of a Registry Instrument or other Document affecting land or an interest in land until the notice lapses or is withdrawn, removed or cancelled. Publish means, for any information, to publish the information on the Registrar s website. Registrar has the meaning given to it in the ECNL. Registry Instrument has the meaning given to it in the ECNL. Representative is the Australian Legal Practitioner, Law Practice or Licensed Conveyancer named in this Client Authorisation who acts on behalf of the Client and under the relevant legislation of the Jurisdiction in which the property is situated can conduct a Conveyancing Transaction. Representative Agent means a Person authorised by a Representative to act as the Representative s agent. For the avoidance of doubt this can include an Identity Agent. Specific Authority means an authority for the Representative to act for the Client in completing the Conveyancing Transactions described in this Client Authorisation. Standing Authority means an authority for the Representative to act for the Client as described in this Client Authorisation for the period of time set out in this Client Authorisation. Titles Register has the meaning given to it in the ECNL. Transfer includes the preparation of all Documents required to effect a purchase or sale of land or any other transfer of land, and the liaison with, where relevant, any mortgagee or proposed mortgagee. Withdrawal of Caveat means a Document which removes a Caveat.