(Section 3)
affairs, in relation to a licensee, includes:
(a) accounts kept by or on behalf of the licensee or an associate of the licensee, and
(b) any other records kept by or on behalf of the licensee or an associate of the licensee, and
(c) any transactions to which the licensee was a party or in which the licensee acted for a party, and
(d) any related matter that an inspector considers should be further investigated.
approved policy of professional indemnity insurance has the meaning given to it by section 8 (1).
controlled money means money required to be dealt with in accordance with section 25 (1) (b) that, while under the direct or indirect control of the licensee by or on whose behalf it is received, is for the time being held otherwise than in a general trust account at a bank, building society or credit union in New South Wales.
conveyancing business means any business in the course of which conveyancing work is carried out for fee or reward, whether or not the carrying out of conveyancing work is the sole or dominant purpose of the business.
conveyancing work has the meaning given to it by section 4.
costs includes fees, charges, disbursements, expenses and remuneration.
Director-General means the Director-General of the Department of Fair Trading.
disqualified person has the meaning given to it by section 5.
exercise a function includes, where the function is a duty, to perform the duty.
firm of licensees includes any licensees who share remuneration as licensees, whether or not on the same basis for each of them.
function includes a power, authority or duty.
licence means a licence in force under this Act.
licensee means the holder of a licence in force under this Act.
money includes an instrument enabling a bank, building society or credit union to credit or debit an amount of money to an account with the bank, building society or credit union.
money received, in relation to a licensee, includes:
(a) money coming under the direct control of the licensee, whether or not by the exercise of an express power or authority or by operation of law, and
(b) money paid to an associate of the licensee on the advice of the licensee, but only if the money is under the direct or indirect control of the licensee, and
(c) money in relation to which the licensee (whether or not through an associate) has a power of disposal exercisable jointly and severally with the person on whose behalf it was received or a nominee of that person.
professional misconduct includes:
(a) unsatisfactory professional conduct, if the conduct is such that it involves a substantial or consistent failure to reach reasonable standards of competence and diligence, and
(b) conduct (whether consisting of an act or omission) occurring otherwise than in connection with a conveyancing business which, if established, would justify a finding that a licensee is not of good fame and character, and
(c) conduct that is declared to be professional misconduct by any provision of this Act.
record includes any book, account, document, paper or other source of information compiled, recorded or stored in written form or on microfilm, or by electronic process, or in any other manner or by any other means.
trust money means money required to be dealt with in accordance with section 25 (1) (a).
unsatisfactory professional conduct includes conduct (whether consisting of an act or omission) occurring in connection with a conveyancing business that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent licensee.