1 Name of Act
2 Commencement
3 Definitions
4 Conveyancing work
5 Notes
Division 1 Requirement for licence
6 Persons conducting conveyancing business required to be licensed
7 Effect of licence
Division 2 Eligibility, qualifications and disqualification
8 Eligibility for licence
9 Qualifications for licence
10 Disqualified persons
Division 3 Application and issue procedure
11 Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
12 Application fees and Compensation Fund contributions
13 Grounds for refusal of licence
14 Conditions—general
15 Special condition requiring professional indemnity insurance
16 Issue of licence
17 Duration
18 (Repealed)
Part 3 General conduct of licensees
Division 1 Place and name of business
19 Business names
Division 2 Business practices and supervision
20 Each place of business to be in charge of licensee
21 Duty of licensee and person in charge to properly supervise conveyancing business
22 Rules of conduct for licensee’s business
23 Undertakings by licensees
24 Duty of licensee to notify failure to account
25 Industry association to report failure to account
26 Sharing of receipts with unqualified persons
27 Partnerships
28 Conduct of other businesses
29 Employment of disqualified persons
30 Liability of licensee for acts of employees
31 Licensee to keep records of certain employees
32 Duty of licensee to notify disqualification of employee
33 Employees required to notify disqualification
Division 4 Advertisements and representations
34 Advertising
35 Advertisement to include information about licensee
Division 5 Disclosure of costs and other matters
36 Obligation to disclose costs and other matters to clients
37 When disclosure to be made
38 Disclosure to be in writing
39 Exception to disclosure
40 Regulations as to disclosure
41 Effect of non-disclosure of matters related to basis of costs
Part 4 Resolution of costs disputes
42 Definition
Division 2 Preliminary procedure
43 Notifying Tribunal about costs dispute
44 Attempts to resolve costs dispute
45 Costs of assessment
46 Procedure if agreement reached on costs dispute
Division 3 Determination of costs dispute
47 Application for determination of costs dispute
48 Preliminary procedure must be followed
49 Jurisdiction of Consumer, Trader and Tenancy Tribunal in relation to costs disputes
50 Tribunal to be chiefly responsible for resolving costs disputes
51 Powers of Tribunal
52 Interpretation
Division 2 Payment of trust money into trust account
53 Payment of trust money into trust account
54 Approval of authorised deposit-taking institutions
55 Trust money not available to pay licensee’s debts
56 Licensee to notify trust account becoming overdrawn
57 Interest earned on trust accounts to be paid to Statutory Interest Account
Division 3 Responsibilities of authorised deposit-taking institutions
58 Overdrawn trust accounts
59 Dishonoured cheques
60 Annual certification by auditor
61 Protection of authorised deposit-taking institutions from liability
Division 4 Unclaimed trust money
62 Unclaimed trust money held by licensee
63 Unclaimed trust money held by former licensee or personal representative
64 Disposal of unclaimed money in trust accounts
65 Repayment of unclaimed trust money
Division 5 Information about trust accounts or transactions
66 Director-General may require information
67 Person concerned in transaction may request itemised account
68 Offence
Division 1 Keeping and inspection of records
69 Licensee’s records
70 Inspection of licensee’s records
71 Inspection of records of authorised deposit-taking institutions
72 Power to require production of licensee’s records
73 Power to take possession of records to be used as evidence
74 Offence
Division 2 Audit of licensee’s records
75 Requirement for audit
76 Audit period
77 Statutory declaration required where no money held or received on behalf of another person
78 Audit obligations of partners
79 Qualifications of auditors
80 Duties of auditors
Division 3 Freezing of accounts
81 Definitions
82 Director-General may freeze licensee’s accounts in particular cases
83 Financial institution must comply with direction
84 Account not to be operated unless Director-General allows
85 Director-General may operate account
86 Withdrawal of direction
Part 7 Claims arising from failure to account
87 Definition
88 Claims can be made against Compensation Fund
89 Contributions by applicants for licences
Part 8 Management and receivership
90 Definitions
91 Associates of a licensee
92 Failure to account
93 Appointment of manager
94 Qualifications for appointment as a manager
95 Powers of a manager
96 Management continues under receivership
97 Acts of manager to be taken to be acts of licensee
98 Manager may be reimbursed
99 Payment of expenses of management
100 Manager to report to Director-General
101 Trust money
102 Office accounts
103 Termination of management
104 Obstruction of managers
105 Supreme Court may appoint receiver
106 Receivership may extend to property of licensee’s associate
107 Court to be closed
108 Order to be served
109 Receiver may take possession of property
110 Information about receivable property
111 Stop order on account
112 Improper dealing with property
113 Recovery of compensation for disposal of receivable property
114 Receiver may give certificate
115 Receiver is taken to be beneficially entitled
116 Receiver may deal with property
117 Other powers of receiver
118 Notice to claim receivable property
119 Lien for costs on receivable property
120 Examination by receiver
121 Property not dealt with by receiver
122 Investment of money by receiver
123 Receiver may be reimbursed for damages
124 Payment of expenses of receivership
125 Supreme Court may review expenses of receivership
126 Receivable property not to be attached
127 Applications for directions by receiver, licensee etc
128 Supreme Court may give general directions to receiver
129 Receiver to report to Supreme Court and Director-General
130 Termination of appointment of receiver
131 Obstruction of receivers
Part 9 Complaints and disciplinary action
132 Grounds for disciplinary action
133 Disciplinary action
134 Decision to take no further action
135 Complaints
136 Show cause notice
137 Power to suspend licence when show cause notice served
138 Inquiries and investigation
139 Taking of disciplinary action
140 Recovery of monetary penalty
141 Review of disciplinary action by ADT
142 Warning notices
143 Failure to comply with disqualification from involvement in business
144 Return of suspended or cancelled licence
145 Authorised officers
146 Powers of entry, inspection etc
147 Power of authorised officer to obtain information, records and evidence
148 Obstruction etc of authorised officers
149 Taking possession of records to be used as evidence
150 Search warrants
151 Injunctions
Part 11 Offences and proceedings
152 Fraudulent conversion and false accounts of money received by licensee
153 Fraudulent accounts for expenses, fees and other charges
154 Failure to account
155 Offences by persons other than principal offenders
156 Operation of Crimes Act 1900 not affected
157 Proceedings for offences
158 Penalty notices
159 Time for laying information
160 Offences by corporations
161 Disclosure of information
162 Register
163 Certificate evidence
164 Delegation
165 Fair Trading Act not affected
166 Exclusion of personal liability
167 Service of notices and directions
168 Repeals
169 Savings and transitional provisions
170 Consequential amendments of Acts
171 Displacement of Corporations legislation
172 Regulations
173 Review of Act
Schedule 1 Savings and transitional provisions