Victorian Current Acts

CONVEYANCERS ACT 2006 - SECT 98

    (1)     Subject to subsection (2), a statutory manager of a licensee's conveyancing business has the following powers in relation to the business—

        (a)     to undertake conveyancing work for the existing clients of the conveyancing business;

        (b)     to accept instructions from, and undertake conveyancing work for, new clients of the conveyancing business;

        (c)     to dispose of or deal with any property in relation to the conveyancing business;

        (d)     to exercise any right in the nature of a lien over property held by the statutory manager for a client of the conveyancing business;

        (e)     to incur expenses reasonably related to the conduct of the conveyancing business;

        (f)     to do all things ancillary to the exercise of the powers set out in this subsection—

as if he or she were the relevant licensee.

    (2)     A statutory manager may not exercise any of the powers conferred by subsection (1) in relation to a client of a conveyancing business unless the statutory manager has obtained the client's written consent to exercise those powers.

    (3)     A statutory manager of a licensee's conveyancing business also has the power—

        (a)     to enter and remain on premises used by the conveyancing business but only for, or in connection with, that business; and

        (b)     after entering, to require the relevant licensee, or any person who has, or has had, control of client files and associated documents, to give the statutory manager access to those files and documents for a purpose relevant to the statutory management; and

        (c)     to operate equipment or facilities on the premises, or to require any person on the premises to operate the equipment or facilities; and

        (d)     to take possession of or otherwise secure any material for a purpose relevant to the statutory management; and

        (e)     to take possession of any computer equipment or computer file or program for a purpose relevant to the statutory management.

    (4)     A statutory manager may exercise the power under subsection (3)(a)—

        (a)     with or without the consent of the occupier during ordinary business hours; and

        (b)     with the consent of the occupier outside of ordinary business hours.

    (5)     Before exercising the power under subsection (3)(a), a statutory manager must produce for inspection by the occupier of the premises—

        (a)     his or her instrument of appointment; and

        (b)     a form of identification that includes a photograph of the statutory manager and his or her signature.