Duties client identification

We collect Client Identification (CI) information for all parties liable to or exempt from transfer duty under Chapters 2, 4, 11 and 12 of the Duties Act 1997.

From Monday, 9 June 2014, this was extended to include a mortgagor, that is a company, which is liable to or exempt from mortgage duty under Chapter 7 of the Duties Act 1997.

There are 4 key drivers for collecting this information:

  1. Our readiness for National e-Conveyancing System (PEXA).

  2. Identity assurance.

  3. Transaction verification with Land and Property Information (LPI).

  4. Better upfront compliance programs for property taxes and grants we administer (duties, land tax and First Home Owner Grant Scheme).

Individuals will require evidence of their date of birth and for companies their ABN/ACN/ARBN number.

Documents that will require CI include:

Document descriptionCI document required
Agreement for Sale of Land All purchasers
Transfer of Real Property All transferees
Agreement for Sale of Business All purchasers
Transfer of Lease All transferees
Transmission Application All beneficiaries/devisees
Trust Deeds All trustees
Surrender of Lease All lessors
Assignment of Lease All assignees
Mortgage Mortgagors which are a company

Where there are multiple liable parties (for example, 2 purchasers), CI documents will be required for each party.

An original or certified copy of the CI documents will be required for all conveyancing and affected mortgage matters lodged for assessment (with us or at approved settlement rooms) or processed through our Electronic Duties Program (EDR).

Certified copy

A certified copy is a true copy of an original document that has been sighted and certified by an acceptable person and noted as follows:

‘I certify that I have sighted the original document and this is a true copy of it.’

The certification must have the certifier’s name, title, registration number (where applicable) and be signed and dated.

Who can certify?

Acceptable people who may certify documents for the purpose of client identification are:

  • Legal practitioner
  • Licensed conveyancer
  • Justice of the Peace (JP)
  • Certified practising accountant
  • Chartered Accountant
  • Magistrate
  • Officers of OSR
  • Public notary
  • Commissioner for Declarations
  • Member of Parliament
  • Police officer
  • Pharmacist
  • Minister of religion
  • Medical practitioner
  • Dentist
  • Veterinary practitioner.

Note: Documents can be certified outside Australia by a Public Notary or Justice of the Peace.

CI documents

Individuals

For individuals, evidence of their date of birth is required. A certified copy of one of the following documents must be provided:

  • Australian Birth Certificate
  • Australian Driver Licence (current)
  • Passport (current)
  • Foreign Passport and Visa used for entry into Australia
  • Firearms Licence (current)
  • Proof of Age Card
  • Australian Citizenship Certificate.

Note: Identity verification documents produced for PEXA will also satisfy our CI requirements, for example Australia Post Verification of Identity Form, ZipID.

Note: If the name on the CI documents vary to that on the documents presented for assessment, evidence of a change of name must be provided (for example, certified copy of a marriage certificate, divorce certificate, change of name certificate).

Foreign persons

If a foreign person cannot provide 1 of the prescribed documents an equivalent CI document from their home country will be acceptable (for example, current driver licence, birth certificate or current passport).

If the document provided is not in English a translated version of the document is required.

Companies

For companies, evidence of the ABN/ACN/ARBN number is required. If this information is displayed on the relevant document (for example, agreement for sale/mortgage) no further evidence is required. If the document does not display this information we require 1 of the following:

  • Certificate of incorporation of the company
  • ASIC National Names Index search
  • ABN Lookup search
  • Australian Business Register (ABR) search.
Foreign Companies

Some foreign companies will not have an ABN, ACN or ARBN number.

These matters must be lodged with us for assessment.

A statutory declaration or letter from an officer of the company is required stating that the company:

  • is a foreign company
  • is not a registered foreign company
  • does not have an ARBN and
  • does not carry on business in Australia.
Lodgement with us

All conveyancing and affected mortgage matters lodged with us for assessment must be lodged with required CI documents.

CI documents must be originals or certified copies, original documents will be returned when your matter has been finalised.

Failure to lodge this information will result in the assessment of your matter being delayed as this information is mandatory for our assessment purposes.

Lodgement with an approved settlement room

All conveyancing and affected mortgage matters presented at an approved settlement room for assessment must be lodged with the required CI documents.

CI documents must be originals or certified copies, original documents will be returned when your matter has been finalised.

Copies of CI documents will be retained if the assessed matter is selected as part of our Random Verification Audit Program.

Failure to lodge CI documents will result in the assessment of your matter being delayed as this information is mandatory for assessment purposes.

EDR requirements

All conveyancing and affected mortgage transactions available through EDR will require CI information to be entered as part of the assessment details.

EDR clients must retain certified copies of the CI documents for audit purposes.

EDR approved agents (special approval) must retain copies of the certified CI documents if the matter is selected as part of our Random Verification Audit Program.

For more information on client identification, contact us.

Phone 1300 139 814*
Email duties@osr.nsw.gov.au

Last updated: 17 February 2016