CONVEYANCERS LICENSING ACT 2003 - SECT 4
Conveyancing work
CONVEYANCERS LICENSING ACT 2003 - SECT 4
Conveyancing work
4 Conveyancing work
(1) For the purposes of this Act,
"conveyancing work" is legal work carried out in connection with any
transaction that creates, varies, transfers or extinguishes a legal or
equitable interest in any real or personal property, such as (for example) any
of the following transactions--
(a) a sale or lease of land,
(b) the sale of
a business (including the sale of goodwill and stock-in-trade), whether or not
a sale or lease of land or any other transaction involving land is involved,
(c) the grant of a mortgage or other charge.
(2) Without limiting subsection
(1),
"conveyancing work" includes--
(a) legal work involved in preparing any
document (such as an agreement, conveyance, transfer, lease or mortgage) that
is necessary to give effect to any such transaction, and
(b) legal work (such
as the giving of advice or the preparation, perusal, exchange or registration
of documents) that is consequential or ancillary to any such transaction, and
(c) any other legal work that is prescribed by the regulations as constituting
conveyancing work for the purposes of this Act.
(3) However,
"conveyancing work" does not include the carrying out of any work for the
purpose of--
(a) a mortgage on non-residential property where the amount
secured by the mortgage exceeds 7 million dollars (with non-residential
property being any property that is not residential property for the purposes
of Division 8 of Part 4 of the Conveyancing Act 1919 ), or
(b) commencing or
maintaining legal proceedings, or
(c) establishing a corporation or varying
the memorandum or articles of association of a corporation, or
(d) creating,
varying or extinguishing a trust, or
(e) preparing a testamentary instrument,
or
(f) giving investment or financial advice, or
(g) investing money
otherwise than as provided for by Division 2 of Part 5,
and does not include
any work that is prescribed by the regulations as not constituting
conveyancing work for the purposes of this Act.
(4) In this section--
"legal work" means work that, if done for fee or reward by a person who is not
an Australian legal practitioner, would give rise to an offence under Part 2.1
of the Legal Profession Uniform Law (NSW) .
