Conveyancing Act 2006

For complete copy of the act please click here.


The Parliament of Victoria enacts as follows:

Part 1—Preliminary
1.  Purposes

The purposes of this Act are—
(a)  to protect the interests of consumers of conveyancing services by regulating the carrying out of conveyancing work by persons other than Australian legal practitioners;

(b)  to repeal Part 7.1 of the Legal Profession Act 2004;
(c)  to make consequential amendments to other Acts.


2.  Commencement


s. 2

               

(1)  Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.
(2)  If a provision of this Act does not come into operation before 1 July 2008, it comes into operation on that day.
3.  Definitions
In this Act—
"annual statement" means a statement required under section 35(3);
"associate of a licensee" has the meaning given in section 6;
"Australian Business Number" has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;
"Australian legal practitioner" has the same meaning as in the Legal Profession Act 2004;
"Authority" has the same meaning as in the Business Licensing Authority Act 1998;
"Chief Commissioner" means the Chief Commissioner of Police appointed under the Police Regulation Act 1958;
"company" means a company registered under the Corporations Act;
"Consumer Act" has the same meaning as in the Fair Trading Act 1999;
"controlled money"has the meaning given in section 62;
"controlled money account" has the meaning given in section 62;
"conveyancing business" means any business in the course of which conveyancing work is carried out for fee or reward, whether or not the carrying out of conveyancing work is the sole or dominant purpose of the business;
"conveyancing work" has the meaning given in section 4;
"defalcation" means any theft, embezzlement, failure to account, fraudulent misappropriation or other act punishable by imprisonment of or in relation to money or any other property;


s. 3

 

"Director" has the same meaning as in the Fair Trading Act 1999;
"director" has the same meaning as in the Corporations Act;
"disqualified person" has the meaning given in section 5;
"estate agent" has the same meaning as in the Estate Agents Act 1980;
"failure to account" has the meaning given in section 7;
"Fund" means the Victorian Property Fund established under section 72 of the Estate Agents Act 1980;
"incorporated legal practice" has the same meaning as in the Legal Profession Act 2004;
"inspector" means an inspector appointed under the Fair Trading Act 1999;
"legal work" means work that, if done by a person who is not an Australian legal practitioner, would give rise to an offence under Part 2.2 of the Legal Profession Act 2004;
"licence" means a licence granted under Part 2 to carry on a conveyancing business;
"licensee" means a person who holds a licence other than a licence that is suspended;
"principal place of business" of a licensee, means the principal place at which the licensee carries on the licensee's conveyancing business and, if the licensee conducts their conveyancing business at one place only, means that place;


s. 3

 

"receiver" means a receiver appointed by the Supreme Court under Division 3 of Part 6;
"Register" means the Register of Licensed Conveyancers established under section 178;
"registered education and training organisation" has the same meaning as in the Education and Training Reform Act 2006;
"registered office", in relation to a company, has the same meaning as in the Corporations Act;
"Registrar" means the Registrar of the Authority under the Business Licensing Authority Act 1998;
"Secretary" means the person for the time being holding the office of Secretary to the Department of Justice under the Public Administration Act 2004;
"statutory manager" means a statutory manager appointed by the Director under Division 2 of Part 6;
"trust account" has the meaning given in section 62;
"trust money" has the meaning given in section 62;
"trust records" has the meaning given in section 62.


4.  What is conveyancing work?


s. 4

               

(1)  In this Act, "conveyancing work" means legal work carried out in connection with any transaction that creates, varies, transfers, conveys or extinguishes a legal or equitable interest in any real or personal property, such as, for example, any of the following transactions—
(a)  the sale of a freehold interest in land;
(b)  the creation, sale or assignment of a        leasehold interest in land;
(c)  the grant of a mortgage or other charge.
(2)  Without limiting sub-section (1), "conveyancing work" includes—
(a)  legal work involved in preparing any document (such as an agreement, conveyance, transfer, lease or mortgage) that is necessary to give effect to a transaction of a kind referred to in sub-section (1); and
(b)  legal work (such as the giving of advice or the preparation, perusal, exchange or registration of documents) that is consequential or ancillary to a transaction of a kind referred to in sub-section (1); and



Conveyancing Information - Conveyancing Law Information

© 2003-2011 Conveyancing Melbourne Suburbs Pty Ltd

www.conveyancingmelbourne.com.au