PROPERTY LAW - Proof of Identity Documents required

In late 2011 the NSW Office of State Revenue (OSR) and the Land & Property Information Office (LPI) both introduced measures which require that Proof of Identity Documents be produced when certain documents are lodged for stamping at the OSR and at the time documents intended to be lodged for registration at the LPI are signed.

From 12 December 2011 the OSR commenced collecting Client Identification documents from all parties liable to or exempt from transfer duty under the Duties Act. Individuals are now required to give evidence of their date of birth (usually best done by supplying a certified copy of a current passport or drivers licence) and companies are required to provide evidence of their ABN or ACN or ARBN. Essentially this will require all purchasers of real estate to provide the relevant Client Identity documents at the time contracts and transfers are lodged for stamping or marking at the OSR.

In November 2011 important changes were made to S.117 of the Real Property Act creating new obligations on people who witness a persons signature on a dealing application or caveat prior to its lodgement for registration at the LPI. The changes do not apply where the witness has known the signing party for at least one year, otherwise the witness is required to request that the signing party produce photographic documentary evidence which confirms their identity. Again this will usually be best satisfied by the production of a current passport or drivers licence. If a witness does not carry out the obligations under the new change they can be liable to a fine of up to $1,100.00. Whilst there is never any complusion on a person to act as a witness to another person's signature, if you do so it is essential that you sight photographic evidence of their identity before witnessing their signature.

More information can be found from the LPI's Fact Sheet.