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CONVEYANCERS ACT 2006 - SECT 8 Conveyancers to be licensed

CONVEYANCERS ACT 2006 - SECT 8

Conveyancers to be licensed

    (1)     A person who is not a licensee must not carry on a conveyancing business.

Penalty:     For a natural person, imprisonment for a period of 2 years or 240 penalty units;

For a corporation, 1200 penalty units.

    (2)     Subsection (1) does not apply to a person who is—

        (a)     an Australian legal practitioner; or

        (b)     an incorporated legal practice if the conveyancing work is carried out on its behalf by an Australian legal practitioner.

    (3)     In any proceedings against a person for an offence against subsection (1), it is evidence of the offence if a person who is not a licensee—

        (a)     has possession of a licence; or

        (b)     represents himself or herself as the holder of a licence.

    (4)     A person is not entitled to recover any amount in respect of anything the person did in contravention of subsection (1).

    (5)     A person may recover from another person in a court of competent jurisdiction, as a debt due to the person, any amount the person paid to the other person in respect of anything the other person did in contravention of subsection (1).