Victorian Consolidated Legislation

Conveyancers Act 2006 - SECT 9

Causing, permitting, aiding or abetting another to engage in unlicensed conveyancing

9. Causing, permitting, aiding or abetting another to engage in unlicensed
conveyancing



(1) A person must not cause, permit, aid or abet a person who is not a
licensee to carry on a conveyancing business.

Penalty: For a natural person, 240 penalty units; For a corporation, 1200
penalty units.

(2) Subsection (1) does not apply to a person if the person carrying on the
conveyancing business is-

   (a)  an Australian legal practitioner; or

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

(3) It is a defence to a prosecution for an offence against subsection (1) to
prove that the defendant-

   (a)  took all reasonable steps to prevent the person who is not a licensee
        from carrying on a conveyancing business; or

   (b)  did not know and could not reasonably have been expected to have known
        that the person who is not a licensee was representing themselves as a
        licensee.

(4) If a licensee is convicted of an offence under subsection (1), in addition
to any penalty, the court-

   (a)  must order that the licensee's licence be cancelled and delivered up
        to the court; and

   (b)  may order that the licensee be disqualified either permanently or for
        the period specified by the court from holding a licence.



(5) If a licence is delivered up to a court under this section, the licence
and a copy of any order of the court relating to the licence must be sent as
soon as practicable by the proper officer of the court to the Authority.