Victorian Current Acts Victorian Current ActsSchedule 1—Savings and transitional provisions
Part 1—Preliminary
1 Definitions
In this Schedule—
"application period" means the period ending 3 months after the commencement day or such longer period as is prescribed;
"commencement day" means the day on which section 8 of this Act comes into operation;
conveyancer and conveyancing work have the same meanings respectively as in section 7.1.1 of the Legal Profession Act 2004 as in force before the commencement day;
"determination period", in relation to an application for a full licence or a provisional licence, means the period beginning on the day on which the application is received by the Authority and ending when the application is finally determined;
"full licence" means a licence granted under this Act, other than a provisional licence;
"provisional licence" means a provisional licence granted in accordance with Division 3 of Part 2 of this Schedule.
2 General transitional provisions
(1) Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) Without limiting subclause (1), nothing in Part 2 of this Schedule limits the operation of section 13 of the Interpretation of Legislation Act 1984 .
(3) If a provision of the Legal Profession Act 2004 continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision—
(a) any other provisions of the Legal Profession Act 2004 necessary to give effect to that continued provision;
(b) any regulation made under the Legal Profession Act 2004 for the purposes of that continued provision.
3 Savings and transitional regulations
(1) The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act and the repeal of Part 7.1 of the Legal Profession Act 2004 .
(2) Regulations under this clause may have retrospective effect to a day on or after the day on which this Act receives Royal Assent.
(3) Regulations under this clause have effect despite anything to the contrary in any Act (other than this Act) or in any subordinate instrument.
Part 2—Licences for existing conveyancers
Division 1—Application of Act
4 Application of Act during application period
(1) This Act does not apply during the application period to or in respect of a person who, immediately before the commencement day, carried on business as a conveyancer.
(2) Despite its repeal, Part 7.1 of the Legal Profession Act 2004 continues to apply during the application period to a person who, immediately before the commencement day, carried on business as a conveyancer.
Division 2—Full licences
5 Application of Act during determination period
(1) This Act (except Part 1, Divisions 2, 3, 4 and 5 of Part 2 and sections 179, 180, 181, 184 and 187) does not apply during the determination period to or in respect of the conveyancing business of a person who—
(a) has applied under Part 2 of this Act for a full licence before the end of the application period; and
(b) immediately before the commencement day carried on business as a conveyancer.
(2) Despite its repeal, Part 7.1 of the Legal Profession Act 2004 continues to apply during the determination period to a person who has made an application in accordance with subclause (1).
Division 3—Provisional licence
6 Existing conveyancer may apply to Authority for provisional licence
Sch. 1 cl. 6(1) amended by No. 17/2007 s. 30.
(1) A natural person may apply to the Authority for a provisional licence at any time before the end of the application period if the person—
(a) has at least 12 months' full-time, or equivalent part-time, experience—
(i) in working as a conveyancer; or
(ii) in carrying out conveyancing work in the course of employment with a conveyancer or with an Australian legal practitioner or an incorporated legal practice; and
(b) carried on business as a conveyancer before the commencement day.
(2) Despite clause 4(1), this Act applies to an application for a provisional licence and the determination of that application, and so applies—
(a) as if the application were an application for a full licence; and
(b) as if any reference to the competency qualifications and work experience required under section 12 of this Act were a reference to the experience referred to in subclause (1)(a).
7 Application of Act during determination period
(1) Except as provided in clause 6(2), this Act does not apply during the determination period to or in respect of the conveyancing business of an applicant for a provisional licence.
(2) Despite its repeal, Part 7.1 of the Legal Profession Act 2004 continues to apply during the determination period to an applicant for a provisional licence.
8 Authority may grant provisional licence
(1) The Authority may grant a provisional licence to an applicant if the Authority is satisfied that the applicant—
(a) has the experience referred to in clause 6(1)(a); and
(b) immediately before the commencement day, carried on business as a conveyancer; and
(c) is otherwise eligible to be granted a full licence.
(2) Despite subclause (1)(b), the Authority may grant a provisional licence to an applicant who did not, immediately before the commencement day, carry on business as a conveyancer if the Authority is satisfied that the applicant—
(a) carried on business as a conveyancer at some time before the commencement day; and
(b) did not carry on that business immediately before the commencement day because of the applicant's pregnancy or status as a parent or carer or because of an impairment; and
(c) otherwise satisfies the criteria set out in subclause (1).
(3) A provisional licence expires 5 years after the day it is granted.
(4) The Authority must ensure that a provisional licence bears the words "Provisional Licence".
(5) Subject to this Schedule, this Act applies to the granting and effect of a provisional licence as if it were a full licence.
(6) In this clause, "carer", impairment and parent have the same meanings respectively as they have in the Equal Opportunity Act 1995 .
9 Condition on provisional licence
(1) Subject to this clause, the power of the Authority under section 23 of this Act to impose conditions on a full licence applies to a provisional licence.
(2) A provisional licence is subject to the condition that the conveyancing work carried out by the licensee is limited to conveyancing work within the meaning of section 7.1.1 of the Legal Profession Act 2004 .
(3) If the Authority considers it appropriate to do so, the Authority may impose a condition on a provisional licence prohibiting the licensee from carrying out a specified class, or specified classes, of conveyancing work within the meaning of section 7.1.1 of the Legal Profession Act 2004 .
10 Notices and letterhead
Sections 59 and 60 of this Act apply to a holder of a provisional licence as if a reference in those sections to a licence were a reference to a provisional licence.
11 Provisional licence is cancelled on granting of full licence
Without limiting the operation of any other provision of this Act relating to the cancellation of licences, a provisional licence is cancelled on the grant of a full licence to the licensee.
Sch. 1 cl. 11A inserted by No. 17/2007 s. 31.
11A Restrictions on company licence
(1) The licence of a company that does not have at least one director who is a full licensee but has at least one director who is a provisional licensee is subject to the condition that the conveyancing work carried out by the licensee is limited to conveyancing work within the meaning of section 7.1.1 of the Legal Profession Act 2004 .
(2) If a licensee that is a company ceases to have at least one director who is a full licensee but has at least one director who is a provisional licensee, the company must immediately notify the Authority of those facts.
Penalty: 1200 penalty units.
(3) The Authority—
(a) must ensure that the licence of a company referred to in subclause (1) is endorsed with the condition set out in that subclause;
(b) must remove the endorsement on being satisfied that the company again has at least one director who is a full licensee;
(c) may require the licensee to give the licence to the Authority for the purpose specified in paragraph (a) or (b).
(4) The licensee must comply with a requirement of the Authority under subclause (3) within the time specified by the Authority.
Penalty: 10 penalty units.
Part 3— Legal Profession Act 2004
12 Authorisations under section 7.1.3 of the Legal Profession Act 2004
(1) An authorisation that was in force under section 7.1.3(1) of the Legal Profession Act 2004 immediately before the commencement day or that is granted on an appeal referred to in clause 13 in relation to a person who is an insolvent under administration has effect under this Act as if it were an exemption under section 56.
(2) Any other authorisation that was in force under section 7.1.3(1) of the Legal Profession Act 2004 immediately before the commencement day or that is granted on an appeal referred to in clause 13 has effect under this Act according to its tenor as if it were a permission under Division 7 of Part 2.
13 Appeals under section 7.1.3 of the Legal Profession Act 2004
(1) This clause applies to an appeal under section 7.1.3(2) of the Legal Profession Act 2004 if—
(a) the appeal was made before the commencement day; and
(b) the Supreme Court—
(i) had not heard the matter; or
(ii) had heard the matter (either in part or in full) but had not handed down its decision on the matter—
before that day.
(2) On and after the commencement day, the Supreme Court is to continue to deal with the appeal as if Part 7.1 of the Legal Profession Act 2004 had not been repealed by this Act.
Sch. 2 amended by No. 17/2007 ss 32, 33, repealed by No. 1/2010 s. 88.
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