Schedule 2 Consequential amendments
(Section 170)
2.1 Administrative Decisions Tribunal Act 1997 No 76
[1] Schedule 2 Composition and functions of Divisions
Omit “and” where lastly occurring from clause 1 (2) (c) of Part 3.
Omit clause 1 (2) (d).
Omit “Conveyancers Licensing Act 1995” from clause 2.
Omit clause 3.
Insert in appropriate order in clause 2 (1):
Insert at the end of the Part (with appropriate clause number):Conveyancers Licensing Act 2003 (Original decisions)
For the purposes of a review under section 141 of the Conveyancers Licensing Act 2003, the Tribunal is to be constituted by 1 Division member of the General Division of the Tribunal who is a judicial member.
2.2 Conveyancers Licensing Act 2003
[1] Section 150 Search warrants
Insert “under this Act” after “authorised officer” in section 150 (1).
Insert “under this Act” after “authorised officer” where firstly occurring.
Omit “authorised justice” wherever occurring.Insert instead “authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002”.
Omit the subsection. Insert instead:(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
Omit the subsection.
2.3 Fair Trading Act 1987 No 68
[1] Section 8 Delegation by Director-General
Omit section 8 (1) (b).
Omit “Conveyancers Licensing Act 1995” from paragraph (b) of the definition of property services industry in section 25I (2).Insert instead “Conveyancers Licensing Act 2003”.
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:Conveyancers Licensing Act 2003, section 158.
2.5 Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Schedule 2 Search warrants under other Acts
Insert in alphabetical order:Conveyancers Licensing Act 2003, section 150
2.6 Legal Profession Act 1987 No 109
Omit the definition of licensed conveyancer from section 3 (1).Insert instead:
licensed conveyancer means the holder of a licence in force under the Conveyancers Licensing Act 2003.
[2] Section 48B Unqualified person acting as barrister or solicitor and barrister
Omit “Conveyancers Licensing Act 1995” from section 48B (2).Insert instead “Conveyancers Licensing Act 2003”.
[3] Section 48E Limitation on general legal work and probate work
Omit “Conveyancers Licensing Act 1995” from section 48E (4) (d).Insert instead “Conveyancers Licensing Act 2003”.
[4] Section 48K Associates who are disqualified or convicted persons
Omit paragraph (e) of the definition of disqualified person from section 48K (7).Insert instead:
(e) who is disqualified from holding a licence under the Conveyancers Licensing Act 2003.
[5] Section 59D Functions of Commissioner
Omit the note to section 59D (3).
[6] Section 69G Payment of certain costs and expenses from Fund
Omit section 69G (1) (h).
2.7 Licensing and Registration (Uniform Procedures) Act 2002 No 28
Schedule 1 Licences to which Part 2 of Act applies
Omit the matter relating to the Conveyancers Licensing Act 1995.Insert instead:
section 11 (1), conveyancer’s licence
2.8 Property, Stock and Business Agents Act 2002 No 66
[1] Section 64 Contracts for sale of residential property
Omit “Conveyancers Licensing Act 1995” from section 64 (6).Insert instead “Conveyancers Licensing Act 2003”.
[2] Section 167 Application of money in Compensation Fund
Omit “Conveyancers Licensing Act 1995” from section 167 (2) (c).Insert instead “Conveyancers Licensing Act 2003”.
[3] Section 189 Application of money in Statutory Interest Account
Omit “Conveyancers Licensing Act 1995” from section 189 (2) (d).Insert instead “Conveyancers Licensing Act 2003”.
2.9 Real Property Act 1900 No 25
Omit the definition of Licensed conveyancer from section 3 (1) (a).Insert instead:
Licensed conveyancer means the holder of a licence in force under the Conveyancers Licensing Act 2003.
2.10 Retail Leases Act 1994 No 46
Omit the definition of licensed conveyancer from section 3 (1).Insert instead:
licensed conveyancer means the holder of a licence in force under the Conveyancers Licensing Act 2003.
2.11 Retirement Villages Act 1999 No 81
Omit the definition of licensed conveyancer from section 4 (1).Insert instead:
licensed conveyancer means the holder of a licence in force under the Conveyancers Licensing Act 2003.
2.12 Search Warrants Act 1985 No 37
Insert in appropriate order in the definition of search warrant:section 150 of the Conveyancers Licensing Act 2003,