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Bill homepage (legislation.vic.gov.au)The purposes of this Act are—
to protect the interests of consumers of conveyancing services by regulating the carrying out of conveyancing work by persons other than Australian legal practitioners;
to repeal Part 7.1 of the Legal Profession Act 2004;
to make consequential amendments to other Acts.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 July 2008, it comes into operation on that day.
In this Act—
S. 3 def. of affairs inserted by No. 17/2007 s. 14(a).
affairs of a licensee include the following—
all accounts and records required under this Act or the regulations to be maintained by the licensee or an associate or former associate of the licensee;
other records of the licensee or an associate or former associate of the licensee;
any transaction—
to which the licensee or an associate or former associate of the licensee was or is a party;
in which the licensee or an associate or former associate of the licensee has acted for a party
annual statement means a statement required under section 35(3);
associate of a licensee has the meaning given in section 6;
Australian Business Number has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;
S. 3 def of Australian legal practitioner repealed by No. 17/2014 s. 160(Sch. 2 item 18.1(a)).
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Authority has the same meaning as in the Business Licensing Authority Act 1998;
S. 3 def. of Chief Commis-sioner amended by No. 37/2014 s. 10(Sch. item 29.1(b)).
Chief Commissioner means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;
company means a company registered under the Corporations Act;
S. 3 def. of Consumer Act amended by No. 21/2012 s. 239(Sch. 6 item 10.1).
Consumer Act has the same meaning as in the Australian Consumer Law and Fair Trading Act 2012;
controlled money has the meaning given in section 62;
controlled money account has the meaning given in section 62;
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 in section 4;
defalcation means any theft, embezzlement, failure to account, fraudulent misappropriation or other act punishable by imprisonment of or in relation to money or any other property;
S. 3 def. of Director amended by No. 21/2012 s. 239(Sch. 6 item 10.2).
Director has the same meaning as in the Australian Consumer Law and Fair Trading Act 2012;
director has the same meaning as in the Corporations Act;
disqualified person has the meaning given in section 5;
estate agent has the same meaning as in the Estate Agents Act 1980;
S. 3 def. of externally administered body corporate inserted by No. 46/2025 s. 34(1).
externally administered body corporate means a Chapter 5 body corporate as defined by section 9 of the Corporations Act;
failure to account has the meaning given in section 7;
Fund means the Victorian Property Fund established under section 72 of the Estate Agents Act 1980;
S. 3 def. of incorporated legal practice amended by No. 17/2014 s. 160(Sch. 2 item 18.1(b)).
incorporated legal practice has the same meaning as in the Legal Profession Uniform Law (Victoria);
S. 3 def. of inspector amended by No. 21/2012 s. 239(Sch. 6 item 10.3).
inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;
S. 3 def. of legal work substituted by No. 17/2014 s. 160(Sch. 2 item 18.1(c)).
legal work means work that, if done by a person who is not a qualified entity within the meaning of the Legal Profession Uniform Law (Victoria), would give rise to an offence against a provision of Part 2.1 of that Law;
licence means a licence granted under Part 2 to carry on a conveyancing business;
licensee means a person who holds a licence other than a licence that is suspended;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 29.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
principal place of business of a licensee, means the principal place at which the licensee carries on the licensee's conveyancing business and, if the licensee conducts their conveyancing business at one place only, means that place;
receiver means a receiver appointed by the Supreme Court under Division 3 of Part 6;
Register means the Register of Licensed Conveyancers established under section 178;
S. 3 def. of registered education and training organisation repealed by No. 17/2007 s. 14(b).
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registered office, in relation to a company, has the same meaning as in the Corporations Act;
Registrar means the Registrar of the Authority under the Business Licensing Authority Act 1998;
Secretary means the person for the time being holding the office of Secretary to the Department of Justice under the Public Administration Act 2004;
statutory manager means a statutory manager appointed by the Director under Division 2 of Part 6;
trust account has the meaning given in section 62;
trust money has the meaning given in section 62;
trust records has the meaning given in section 62.
In this Act, conveyancing work means legal work carried out in connection with any transaction that creates, varies, transfers, conveys or extinguishes a legal or equitable interest in any real or personal property, such as, for example, any of the following transactions—
the sale of a freehold interest in land;
the creation, sale or assignment of a leasehold interest in land;
the grant of a mortgage or other charge.
Without limiting subsection (1), conveyancing work includes—
legal work involved in preparing any document (such as an agreement, conveyance, transfer, lease or mortgage) that is necessary to give effect to a transaction of a kind referred to in subsection (1); and
legal work (such as the giving of advice or the preparation, perusal, exchange or registration of documents) that is consequential or ancillary to a transaction of a kind referred to in subsection (1); and
any other legal work that is prescribed by the regulations as constituting conveyancing work for the purposes of this Act.
S. 4(2A) inserted by No. 36/2011 s. 19(1).
In this Act, conveyancing work also means legal work connected with the sale of a business, including the sale of goodwill and stock-in-trade and the transfer of any business licence.
However, conveyancing work does not include—
legal work carried out for the purpose of—
commencing or maintaining legal proceedings; or
applying for a grant of probate or letters of administration; or
establishing a corporation or varying the constitution of a corporation; or
creating, varying or extinguishing a trust; or
preparing a testamentary instrument; or
giving investment or financial advice; or
investing money otherwise than as provided for in Part 5; or
S. 4(3)(b) repealed by No. 36/2011 s. 19(2).
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the provision of legal advice in relation to—
obtaining the consent of a person or body under an Act or regulations to the development or use of land; or
an application for an order under Division 5 of Part IV of the Transfer of Land Act 1958; or
work prescribed by the regulations as not constituting conveyancing work for the purposes of this Act.
In this section, in relation to land, development and use have the same meanings respectively as in the Planning and Environment Act 1987.
In this Act, a person is a disqualified person if the person is any of the following—
S. 5(a) amended by Nos 12/2007 s. 80, 17/2014 s. 160(Sch. 2 item 18.2).
a disqualified person within the meaning of the Legal Profession Uniform Law (Victoria);
the subject of an order by a body within or outside of Victoria that disqualifies the person from carrying on a conveyancing business;
a director of a company that is a disqualified person;
an insolvent under administration;
S. 5(e) amended by No. 46/2025 s. 34(2).
an externally administered body corporate;
subject to Division 7 of Part 2, a person in relation to whom a claim against the Fund has been allowed;
subject to Division 7 of Part 2, if a claim against the Fund has been allowed in relation to a company, a person who was a director of, or otherwise concerned in the management of, the company at the time of the incident that gave rise to the claim;
S. 5(h) amended by No. 13/2019 s. 221(Sch. 1 item 8).
a person who is a represented person within the meaning of the Guardianship and Administration Act 2019;
subject to Division 7 of Part 2, a person who has, within the last 10 years in Australia or elsewhere, been convicted or found guilty of any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more (whether or not a sentence of imprisonment was imposed).
In this Act, associate of a licensee means—
a partner of the licensee; or
an employee or agent of the licensee; or
a company, or a member of a company, partnership, syndicate or joint venture, in which the licensee or a person referred to in paragraph (a), (b) or (d) has a beneficial interest; or
a person who bears a prescribed relationship to the licensee or to a person referred to in paragraphs (a) to (c); or
a company that (if a person referred to in paragraphs (b) to (d) is a company) is a subsidiary of the person within the meaning of the Corporations Act; or
a person declared by the regulations to be an associate of the licensee or belonging to a class of persons so declared.
For the purposes of subsection (1)(d), a person bears a prescribed relationship to a licensee or other person if the relationship is that of—
a spouse of the licensee or other person; or
a domestic partner of the licensee or other person; or
a child, grandchild, sibling, parent or grandparent, whether derived through paragraph (a) or (b) or otherwise; or
a kind prescribed by the regulations for the purposes of this section.
S. 6(3) substituted by No. 12/2008 s. 73(1)(Sch. 1 item 9.1).
In subsection (2)(b), domestic partner of a person means—
a person who is in a registered relationship with the person; or
a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender).
S. 6(4) inserted by No. 12/2008 s. 73(1)(Sch. 1 item 9.2).
For the purposes of the definition of domestic partner in subsection (3)—
registered relationship has the same meaning as in the Relationships Act 2008; and
in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
In this Act, a failure to account means a failure by a licensee to account for, pay or deliver money or other valuable property—
that has been received or entrusted to the licensee, or an associate of the licensee, in the course of the licensee's conveyancing business; and
in the case of money or other valuable property received by or entrusted to an associate of the licensee, that is under the direct or indirect control of the licensee—
whether the failure arises from an act or omission of the licensee or an associate of the licensee.
For the purposes of subsection (1), the reference to money or other valuable property received by or entrusted to a licensee includes a reference to money or other valuable property received by or entrusted to the licensee as trustee, agent, bailee or stakeholder, or in any other capacity.
Part 2—Licensing of conveyancers
Division 1—Requirement for licensing
A person who is not a licensee must not carry on a conveyancing business.
For a corporation, 1200 penalty units.
Subsection (1) does not apply to a person who is—
an Australian legal practitioner; or
an incorporated legal practice if the conveyancing work is carried out on its behalf by an Australian legal practitioner.
In any proceedings against a person for an offence against subsection (1), it is evidence of the offence if a person who is not a licensee—
has possession of a licence; or
represents himself or herself as the holder of a licence.
A person is not entitled to recover any amount in respect of anything the person did in contravention of subsection (1).
A person may recover from another person in a court of competent jurisdiction, as a debt due to the person, any amount the person paid to the other person in respect of anything the other person did in contravention of subsection (1).
A person must not cause, permit, aid or abet a person who is not a licensee to carry on a conveyancing business.
For a corporation, 1200 penalty units.
Subsection (1) does not apply to a person if the person carrying on the conveyancing business is—
an Australian legal practitioner; or
an incorporated legal practice and the conveyancing work is carried out on its behalf by an Australian legal practitioner.
S. 9(3) amended by No. 68/2009 s. 97(Sch. item 28.1).
It is a defence to a prosecution for an offence against subsection (1) to prove that the accused—
took all reasonable steps to prevent the person who is not a licensee from carrying on a conveyancing business; or
did not know and could not reasonably have been expected to have known that the person who is not a licensee was representing themselves as a licensee.
If a licensee is convicted of an offence under subsection (1), in addition to any penalty, the court—
must order that the licensee's licence be cancelled and delivered up to the court; and
may order that the licensee be disqualified either permanently or for the period specified by the court from holding a licence.
If a licence is delivered up to a court under this section, the licence and a copy of any order of the court relating to the licence must be sent as soon as practicable by the proper officer of the court to the Authority.
A person who is not a licensee must not make a representation to the public stating or implying that the person is a licensee or is otherwise authorised under this Act to carry on a conveyancing business.
Division 2—Eligibility and qualifications
A natural person, other than an Australian legal practitioner, is eligible to obtain a licence if he or she—
is at least 18 years of age; and
has the competency qualifications and work experience referred to in section 12 for the issue of the licence; and
is not a disqualified person; and
S. 11(1)(d) substituted by No. 17/2007 s. 15.
either—
is covered by the professional indemnity insurance required under section 41; or
if the person is, or is to be, employed by a licensee, holds evidence of employment with, or an offer of employment from, the licensee and evidence that the person will be covered by the professional indemnity insurance required of the licensee under section 41; and
has paid the prescribed application fee and the prescribed licence fee.
A company, other than an incorporated legal practice, is eligible to obtain a licence if—
at least one of the directors of the company is a licensee; and
no director of the company is a disqualified person; and
the company holds the professional indemnity insurance required under section 41; and
the company has paid the prescribed application fee and the prescribed licence fee.
S. 12 substituted by No. 17/2007 s. 16.
An applicant for a licence has the competency qualifications and work experience required of a licensee under section 11(1)(b) if the applicant has the qualifications and experience prescribed by the regulations.
Without limiting the power to prescribe qualifications and experience, regulations under subsection (1) may—
require the completion of a course of study;
require the completion of a period of training;
require the attainment of a standard of competency;
require satisfaction of professional development requirements;
prescribe qualifications for specified competencies, so as to enable a person who has those qualifications to be granted a licence subject to conditions that limit the person to exercising the functions of a licensee in relation to those specified competencies only;
prescribe qualifications by reference to qualifications obtained before a specific day or during a specified period.
Division 3—Applying for a licence
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