Conveyancers to be licensed
8 Conveyancers to be licensed
A person who is not a licensee must not carry on a conveyancing business.
- For a natural person, imprisonment for a period of 2 years or 240 penalty units;
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).
This Act’s bill:Explanatory memorandumSecond reading speech
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