Legal practitioner and registered conveyancer must obtain authorisation
240F Legal practitioner and registered conveyancer must obtain authorisation
If a legal practitioner or registered conveyancer executes an instrument for the purposes of this Act or the Electronic
Conveyancing National Law (South Australia) on behalf of a party to the instrument—
other than in accordance with a properly completed client authorisation; or
in accordance with a properly completed client authorisation but without first—
verifying the identity of the party in accordance with the verification of identity requirements; and
verifying the authority of the party, in accordance with the verification of authority guidelines, to be a party to the instruments authorised by or under the client authorisation, the practitioner or conveyancer is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
Subsection (1) does not apply to a legal practitioner or registered conveyancer—
who executes a caveat as agent of a caveator otherwise than under a client authorisation; or
who executes a priority notice on behalf of a person otherwise than under a client authorisation; or
in other prescribed circumstances.
In proceedings for an offence against subsection (1)(a) or (b), it is a defence to prove that—
the defendant was not negligent; and
the act or omission constituting the offence was attributable to an honest mistake on the defendant's part.
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