CONVEYANCERS ACT 2006
Table of Provisions
PART 1--PRELIMINARY- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 What is conveyancing work?
- 5 Disqualified persons
- 6 Associate of a licensee
- 7 Failure to account
Division 1--Requirement for licensing
- 8 Conveyancers to be licensed
- 9 Causing, permitting, aiding or abetting another to engage in unlicensed conveyancing
- 10 Person pretending to be licensee or authorised person
Division 2--Eligibility and qualifications
Division 3--Applying for a licence
- 13 Person may apply to Authority for licence
- 14 Information to be included with application by natural person
- 15 Information to be included with application by company
- 16 Change to information in application
- 17 Applications after refusal
Division 4--Investigation of applicants
- 18 Authority may conduct inquiries and require further information
- 19 Consent to disclosure of information
- 20 Referral of applications to Director
- 21 Referral of applications to Chief Commissioner
Division 5--Determination of applications and conditions
- 22 Granting or refusing to grant licence
- 23 Conditions
- 24 Conditions relating to specified transactions
- 25 Licensee must comply with conditions
Division 6--Becoming disqualified
- 26 Becoming a disqualified person
- 27 Company that ceases to have licensed director
- 28 Action of Authority
Division 7--Permission to hold licence
- 29 Person involved in claim may be allowed to hold licence in exceptional circumstances
- 30 Person with criminal record may be allowed to hold licence
- 31 Company may be allowed to hold licence despite disqualifying factors
- 32 Conditions on permission
Division 8--Inquiries and cancellation
Division 9--General
- 35 Annual licence fee and statement
- 36 Extension of time
- 37 Failure to comply with section 35
- 38 Change in details of licence or annual statement
- 40 Lost licences
- 40A Surrender of licence
- 41 Licensee required to insure
- 42 Disclosure of insurance to clients
- 43 Licensee ceases to hold insurance
- 44 Insurer may give notice of cancellation
Division 1--Conduct of licensees
- 45 Conduct rules
- 46 Continuing professional development
- 47 Costs disclosure
- 48 Exception to requirement for costs disclosure
- 49 Conflicts of interest
- 50 Licensee not to act as conveyancer and estate agent
Division 2--Management of conveyancing businesses
- 51 Supervision of conveyancing business
- 52 Exemption from requirement to appoint manager
- 53 Offence to procure contravention of section 51
- 54 Management of places of business
- 55 Absence of licensee or manager
- 56 Employment of disqualified persons
Division 3--General
- 57 Principal place of business
- 58 Record keeping
- 59 Displaying information and licence at places of business
- 61 Production of licence
Division 1--Preliminary
- 62 Definitions
- 63 When money is received
- 64 Written direction for controlled money
- 65 Former licensees and associates
Division 2--Trust accounts and trust money
- 66 Maintenance of general trust account
- 67 Trust account details to be notified to Director
- 68 Certain trust money to be deposited in general trust account
- 69 Holding, disbursing and accounting for trust money
- 70 Manner of withdrawal of trust money from general trust account
- 71 Controlled money
- 72 Manner of withdrawal of controlled money from controlled money account
- 73 Transit money
- 73A Trust money subject to specific powers
- 74 Trust money received in the form of cash
- 75 Protection of trust money
- 76 Intermixing money
- 77 Dealing with trust money: costs and unclaimed money
- 78 Deficiency in trust account
- 79 Reporting irregularities
- 80 Keeping trust records
- 81 False names
- 82 Reporting trust balances to the Director
Division 3--Audit
- 83 Approval of auditors
- 84 Annual audit of trust records
- 85 Annual report of trust records audit or statutory declaration
- 86 Final audit of trust records
- 87 Report of irregularities
- 88 Disclosure of information generally
- 89 Director's supervisory role in audits
- 90 Courses of education for auditors
Division 4--Provisions relating to ADIs
- 91 Arrangements with ADIs
- 92 ADIs to notify Director of trust accounts
- 93 Reports, records and information
- 94 Freezing of trust accounts of licensee
Division 1--Preliminary
- 95 Definitions
Division 2--Statutory managers
- 96 Appointment of statutory manager
- 97 Eligibility for appointment as statutory manager
- 98 Powers of statutory manager
- 99 Dealings with trust accounts during statutory management
- 100 Statutory management continues under receivership
- 101 Acts of statutory manager taken to be acts of licensee
- 102 Reimbursement of statutory manager
- 103 Payment of expenses of statutory management
- 104 Statutory manager to report to Director
- 105 Trust and controlled money rules for statutory manager
- 106 Office accounts
- 107 Appointment not affected by death of licensee
- 108 Participation of licensee in conveyancing business during statutory management
- 109 Cessation of appointment of statutory manager
Division 3--Receivers
- 110 Supreme Court may appoint receiver
- 111 Eligibility for appointment as receiver
- 112 Court may order that proceedings be closed
- 113 Court may prohibit publication of proceedings
- 114 Director to serve notice of order of appointment
- 115 Receivership may extend to property of associates
- 116 Participation of licensee in conveyancing business during receivership
- 117 Receiver may take possession of property
- 118 Information about receivable property
- 119 Stop order on account
- 120 Improper dealings with receivable property
- 121 Recovery of compensation for disposal of receivable property
- 122 Receiver may give certificate
- 123 Receiver taken to be beneficially entitled
- 124 Receiver may deal with property
- 125 Other powers of receiver
- 126 Notice to claim receivable property
- 127 Lien for costs on receivable property
- 128 Examination by receiver
- 129 Property not dealt with during receivership
- 130 Investment of money by receiver
- 131 Receiver may be reimbursed for damages
- 132 Payment of expenses of receivership
- 133 Supreme Court may review expenses of receivership
- 134 Receivable property not to be attached
- 135 Applications for directions by receiver, licensee or associate
- 136 Supreme Court may give general directions to receiver
- 137 Receiver to report to Supreme Court and Director
- 138 Termination of appointment of receiver
Division 4--General
- 139 Relationship of Act to Corporations legislation
- 140 External administration proceedings under Corporations Act
- 141 Incorporated licensee that is subject to external intervention under this Act and external administration under the Corporations Act
- 142 Offence to hinder or obstruct statutory manager or receiver
- 143 Definitions
- 144 Right to claim against Fund in respect of pecuniary loss
- 145 Claims against the Fund
- 146 Review of decision of Secretary to disallow claim
- 147 Power of Secretary to require production of securities, documents or information
- 148 Subrogation of Secretary to rights of claimant on payment from Fund
- 149 Secretary may enter into contract of insurance or indemnity
- 150 Application of insurance moneys
- 151 Money required to be paid into the Fund
Division 1--Preliminary
- 152 Production of identity card
Division 2--Inspection of documents and records
- 153 Documents to be available for inspection
- 154 Specified persons to produce documents and answer questions
- 155 Third parties to produce documents and answer questions relating to conveyancing business
- 156 Specified public bodies to produce information
- 157 Certain other specified persons or bodies to produce information
- 158 ADIs to produce documents and information
- 159 Powers on production of documents
- 160 Where must documents be produced?
- 161 Order requiring supply of information and answers to questions
- 162 Service of documents
Division 3--Entry, search and seizure
- 163 Entry or search with consent
- 164 Entry without consent or warrant
- 165 Search warrants
- 166 Announcement before entry
- 167 Seizure of things not mentioned in the warrant
- 168 Embargo notice
- 169 Inspector may monitor compliance with embargo notice
- 170 Retention and return of seized documents or things
- 171 Magistrates' Court may extend 3 month period
- 172 Requirement to assist inspector during entry
- 172A Refusal or failure to comply with requirement
Division 4--General
- 173 Offence to give false or misleading information
- 174 Confidentiality
- 175 Infringements
- 176 Protection against self-incrimination
- 177 Complaints
- 178 Register of Licensed Conveyancers
- 179 Production of information to Authority
- 180 Verification of details supplied to Authority
- 181 Offence to give false or misleading information
- 182 Delegation
- 182A Registrar may waive fees
- 183 Application of Australian Consumer Law and Fair Trading Act 2012
- 184 Service of documents
- 185 Who may bring proceedings?
- 186 Extension of time for prosecutions
- 187 Application for review
- 188 Regulations
PART 11--REPEALS, AMENDMENTS, SAVINGS AND TRANSITIONAL PROVISIONS
- 191 Savings and transitional provisions