South Australian Consolidated Acts South Australian Consolidated ActsSchedule—Transitional provisions
Preparation of conveyancing
instruments
(1) Part 5 does not prevent a person who is a
party to, or has acted as an agent in, a transaction in respect of which a
conveyancing instrument has been, or is to be, prepared from charging a fee
for the preparation of the instrument if—
(a) the
instrument is prepared by a legal practitioner or registered conveyancer in
that person's employment; and
(b) the
legal practitioner or registered conveyancer has been continuously in that
person's employment since 1 May 1973 or some earlier date.
(2) Part 5 does not prevent the preparation of a
conveyancing instrument by a legal practitioner or registered conveyancer who
stands in a prescribed relationship to an agent acting for a party to the
transaction in respect of which the instrument is prepared if the legal
practitioner or registered conveyancer—
(a) has
stood in that relationship continuously from 1 May 1973 or some earlier date;
and
(b) was
licensed as a land broker, or admitted and enrolled as a practitioner of the
Supreme Court of South Australia, or was qualified to be so licensed, or
admitted and enrolled, on 1 May 1973; and
(c) in
the case of a person acting in the employment of a conveyancer that is a body
corporate—is not a director of the body corporate, or in a position to
control the conduct of the affairs of the body corporate.
(3) An exemption granted under Part 7 Division 3
of the Land Agents, Brokers and Valuers Act 1973 and in force immediately
before the commencement of this Act continues in force according to its terms
as an exemption from the corresponding provision of Part 5.
(4) The Commissioner may, by notice in writing,
vary or revoke an exemption referred to in subclause (3).