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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  
PART 2--LICENSING OF CONVEYANCERS

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

  • 11 Eligibility for licence  
  • 12 Competency qualifications and work experience  

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

  • 33 Inquiries into conduct of licensees  
  • 34 Determination of VCAT on inquiry  

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  
PART 3--PROFESSIONAL INDEMNITY INSURANCE
  • 41 Licensee required to insure  
  • 42 Disclosure of insurance to clients  
  • 43 Licensee ceases to hold insurance  
  • 44 Insurer may give notice of cancellation  
PART 4--CONDUCT AND MANAGEMENT OF CONVEYANCING BUSINESSES

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  
PART 5--TRUST MONEY AND TRUST ACCOUNTS

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  
PART 6--EXTERNAL INTERVENTION

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  
PART 7--COMPENSATION FROM THE VICTORIAN PROPERTY FUND
  • 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  
PART 8--ENFORCEMENT

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  
PART 9--ADMINISTRATION
  • 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  
PART 10--GENERAL

PART 11--REPEALS, AMENDMENTS, SAVINGS AND TRANSITIONAL PROVISIONS

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