Causing, permitting, aiding or abetting another to engage in unlicensed conveyancing
9 Causing, permitting, aiding or abetting another to engage in unlicensed conveyancing
A person must not cause, permit, aid or abet a person who is not a licensee to carry on a conveyancing business.
- For a natural person, 240 penalty units;
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.
This Act’s bill:Explanatory memorandumSecond reading speech
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