Victorian Current Acts

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

   183.    Application of Australian Consumer Law and Fair Trading Act 2012  
   184.    Service of documents  
   185.    Who may bring proceedings?  
   186.    Extension of time for prosecutions  
   187.    Application for review  
   188.    Regulations  

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

   191.    Savings and transitional provisions  
           SCHEDULE 1
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