Victorian Consolidated Regulations

CONVEYANCERS (TRUST ACCOUNT AND GENERAL) REGULATIONS 2018 - SCHEDULE 1

Schedule 1—Forms

FORM 1

Regulation 34

CONVEYANCERS ACT 2006—STATUTORY DECLARATION ON CEASING TO HOLD TRUST MONEY

Section 86

I, [ insert full name ],

of [ insert name of licensee's conveyancing business ]

of [ insert address of licensee's conveyancing business ]

DECLARE THAT:

1     I am or was a licensee who on [ insert date ] ceased to be authorised to receive trust money.

2     I do not now hold any trust money, all such trust money having been applied in accordance with the Conveyancers Act 2006 .

I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury.

Signed

Full Name [ block letters ]

DECLARED AT [ place ] in the State of Victoria on [ date ]
before:

[ name and address in legible writing, type or stamp below signature ]

A person authorised under section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of a statutory declaration.

FORM 2

Regulation 36

NOTICE OF DISALLOWANCE OF CLAIM FOR COMPENSATION FROM THE VICTORIAN PROPERTY FUND

Conveyancers Act 2006

Section 145

To: [ insert name of claimant ]

of [ insert address of claimant ]

The Secretary *wholly disallows/*partly disallows your claim for compensation from the Fund.

**The Secretary disallows $         of your claim.

The reasons for the *disallowance/*partial disallowance are ―

Signed     Dated

(For and on behalf of the Secretary of the Department of

Justice and Regulation)

* Delete if not applicable.

** Delete if claim wholly disallowed.

FORM 3

Regulation 37

EMBARGO NOTICE

Conveyancers Act 2006

Section 168

1     The item described below has been embargoed under section 168 of the Conveyancers Act 2006 .

2     Section 168(2) provides that a person who knows that an embargo notice relates to a thing and who without the written consent of the inspector who issued the embargo notice—

(a)     sells; or

(b)     leases; or

(c)     transfers; or

(d)     moves; or

(e)     disposes of; or

(f)     otherwise deals with—

the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 60 penalty units.

3     Section 168(3) provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it.

Description of embargoed item—

This notice has been—

□ served on [ insert name ]

□ affixed to the item described above

Signature of inspector

Name of inspector

Telephone number     Date     Time