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CONVEYANCERS LICENSING ACT 2003 - As at 14 July 2023 - Act 3 of 2003

- As at 14 July 2023 - Act 3 of 2003

Table of Provisions

PART 1 - PRELIMINARY

PART 2 - LICENCES

Division 1 - Requirement for licence

  • 6 Persons conducting conveyancing business required to be licensed
  • 7 Effect of licence

Division 2 - Eligibility, qualifications and disqualification

  • 8 Eligibility for licence
  • 9 Qualifications for licence
  • 10 Disqualified persons

Division 3 - Application and issue procedure

PART 3 - GENERAL CONDUCT OF LICENSEES

Division 1 - Place and name of business

  • 19 Business names

Division 2 - Business practices and supervision

  • 20 Each place of business to be in charge of licensee
  • 21 Duty of licensee and person in charge to properly supervise conveyancing business
  • 22 Rules of conduct for licensee's business
  • 23 Undertakings by licensees
  • 24 Duty of licensee to notify failure to account
  • 25 Industry association to report failure to account
  • 26 Sharing of receipts with unqualified persons
  • 27 Partnerships
  • 28 Conduct of other businesses

Division 3 - Employees

  • 29 Employment of disqualified persons
  • 30 Liability of licensee for acts of employees
  • 31 Licensee to keep records of certain employees
  • 32 Duty of licensee to notify disqualification of employee
  • 33 Employees required to notify disqualification

Division 4 - Advertisements and representations

34. (Repealed)
  • 35 Advertisements include information about licensee

Division 5 - Disclosure of costs and other matters

  • 36 Obligation to disclose costs and other matters to clients
  • 37 When disclosure to be made
  • 38 Disclosure to be in writing
  • 39 Exception to disclosure
  • 40 Regulations as to disclosure
  • 41 Effect of non-disclosure of matters related to basis of costs

PART 4 - RESOLUTION OF COSTS DISPUTES

Division 1 - Interpretation

Division 2 - Preliminary procedure

  • 43 Notifying Tribunal about costs dispute
  • 44 Attempts to resolve costs dispute
  • 45 Costs of assessment
  • 46 Procedure if agreement reached on costs dispute

Division 3 - Determination of costs dispute

  • 47 Application for determination of costs dispute
  • 48 Preliminary procedure must be followed
  • 49 Jurisdiction of Civil and Administrative Tribunal in relation to costs disputes
  • 50 Tribunal to be chiefly responsible for resolving costs disputes
  • 51 Powers of Tribunal

PART 5 - TRUST MONEY

Division 1 - Preliminary

  • 52 Interpretation

Division 2 - Payment of trust money into trust account

  • 53 Payment of trust money into trust account
  • 54 Approval of authorised deposit-taking institutions
  • 55 Trust money not available to pay licensee's debts
  • 56 Licensee to notify trust account becoming overdrawn
  • 57 Interest earned on trust accounts to be paid to Statutory Interest Account

Division 3 - Responsibilities of authorised deposit-taking institutions

  • 58 Overdrawn trust accounts
  • 59 Dishonoured cheques
  • 60 Annual certification by auditor
  • 61 Protection of authorised deposit-taking institutions from liability

Division 4 - Unclaimed trust money

  • 62 Unclaimed trust money held by licensee
  • 63 Unclaimed trust money held by former licensee or personal representative
  • 64 Disposal of unclaimed money in trust accounts
  • 65 Repayment of unclaimed trust money

Division 5 - Information about trust accounts or transactions

  • 66 Secretary may require information
  • 67 Person concerned in transaction may request itemised account
  • 68 Offence

PART 6 - RECORDS

Division 1 - Keeping and inspection of records

  • 69 Licensee's records
  • 70 Inspection of licensee's records
  • 71 Inspection of records of authorised deposit-taking institutions
  • 72 Power to require production of licensee's records
  • 73 Power to take possession of records to be used as evidence
  • 74 Offence

Division 2 - Audit of licensee's records

  • 75 Requirement for audit
  • 76 Audit period
  • 77 Secretary required to be notified where no money held or received on behalf of another person
  • 78 Audit obligations of partners
  • 79 Qualifications of auditors
  • 80 Duties of auditors
  • 80A Secretary must make information available to other auditors

Division 3 - Freezing of accounts

  • 81 Definitions
  • 82 Secretary may freeze licensee's accounts in particular cases
  • 83 Financial institution must comply with direction
  • 84 Account not to be operated unless Secretary allows
  • 85 Secretary may operate account
  • 86 Withdrawal of direction

PART 7 - CLAIMS ARISING FROM FAILURE TO ACCOUNT

  • 87 Definition
  • 88 Claims can be made against Compensation Fund
  • 89 Contributions by applicants for licences

PART 8 - MANAGEMENT AND RECEIVERSHIP

Division 1 - Interpretation

Division 2 - Management

  • 93 Appointment of manager
  • 94 Qualifications for appointment as a manager
  • 95 Powers of a manager
  • 96 Management continues under receivership
  • 97 Acts of manager to be taken to be acts of licensee
  • 98 Manager may be reimbursed
  • 99 Payment of expenses of management
  • 100 Manager to report to Secretary
  • 101 Trust money
  • 102 Office accounts
  • 103 Termination of management
  • 104 Obstruction of managers

Division 3 - Receivership

  • 105 Supreme Court may appoint receiver
  • 106 Receivership may extend to property of licensee's associate
  • 107 Court to be closed
  • 108 Order to be served
  • 109 Receiver may take possession of property
  • 110 Information about receivable property
  • 111 Stop order on account
  • 112 Improper dealing with property
  • 113 Recovery of compensation for disposal of receivable property
  • 114 Receiver may give certificate
  • 115 Receiver is taken to be beneficially entitled
  • 116 Receiver may deal with property
  • 117 Other powers of receiver
  • 118 Notice to claim receivable property
  • 119 Lien for costs on receivable property
  • 120 Examination by receiver
  • 121 Property not dealt with by receiver
  • 122 Investment of money by receiver
  • 123 Receiver may be reimbursed for damages
  • 124 Payment of expenses of receivership
  • 125 Supreme Court may review expenses of receivership
  • 126 Receivable property not to be attached
  • 127 Applications for directions by receiver, licensee etc
  • 128 Supreme Court may give general directions to receiver
  • 129 Receiver to report to Supreme Court and Secretary
  • 130 Termination of appointment of receiver
  • 131 Obstruction of receivers

PART 9 - COMPLAINTS AND DISCIPLINARY ACTION

  • 132 Grounds for disciplinary action
  • 133 Disciplinary action
  • 134 Decision to take no further action
  • 135 Complaints
  • 136 Show cause notice
  • 137 Power to suspend licence when show cause notice served
  • 138 Inquiries and investigation
  • 139 Taking of disciplinary action
  • 140 Recovery of monetary penalty
  • 141 Administrative review of disciplinary action by NCAT
  • 142 Warning notices
  • 143 Failure to comply with disqualification from involvement in business
  • 144 Return of suspended or cancelled licence

PART 10 - ENFORCEMENT

PART 11 - OFFENCES AND PROCEEDINGS

Division 1 - Offences

  • 152 Fraudulent conversion and false accounts of money received by licensee
  • 153 Fraudulent accounts for expenses, fees and other charges
  • 154 Failure to account
  • 155 Offences by persons other than principal offenders
  • 156 Operation of Crimes Act 1900 not affected

Division 2 - Proceedings

  • 157 Proceedings for offences
  • 158 Penalty notices
  • 159 Time for laying information
  • 160 Liability of directors etc for offences by corporation--accessory to the commission of the offences

PART 12 - ADMINISTRATION

  • 161 Disclosure of information
  • 162 Register
  • 163 Certificate evidence
  • 164 Delegation

PART 13 - MISCELLANEOUS

  • 165 Fair Trading Act not affected
  • 166 Exclusion of personal liability
  • 167 Service of notices and directions
  • 168 Repeals
  • 169 Savings and transitional provisions
  • 170. (Repealed)
  • 171 Displacement of Corporations legislation
  • 172 Regulations
  • 173 Review of Act

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