South Australia
Conveyancers Act 1994
An Act to regulate conveyancers; and for other purposes.
Contents
Part 1—Preliminary
1Short title
3Interpretation
4Commissioner to be responsible for administration of Act
Part 2—Registration of conveyancers
5Conveyancers to be registered
6Application for registration
7Entitlement to be registered
7AReviews
8Duration of registration and annual fee and return
9Requirements for professional indemnity insurance
Part 2A—Cancellation, suspension or variation of registration
9AACommissioner may cancel, suspend or impose conditions on registration
Part 3—Provisions regulating incorporated conveyancers
9ACompany conveyancer's business to be properly managed and supervised
9BImproper directions etc relating to conveyancing
10Non-compliance with constitution
11Alteration of constitution
13Joint and several liability
Part 4—Trust accounts and indemnity fund
Division 1—Preliminary
14Interpretation of Part 4
Division 2—Trust accounts
15Trust money to be deposited in trust account
16Withdrawal of money from trust account
17Payment of interest on trust accounts to Commissioner
18Appointment of administrator of trust account
19Appointment of temporary manager
20Powers of administrator or temporary manager
21Term of appointment of administrator or temporary manager
22Review of appointment of administrator or temporary manager
23Keeping of records
24Audit of trust accounts
25Appointment of examiner
26Obtaining information for purposes of audit or examination
27ADIs etc to report deficiencies in trust accounts
28Confidentiality
29ADIs etc not affected by notice of trust
30Failing to comply with requirement of administrators etc
Division 3—Indemnity fund
31Indemnity fund
32Claims on indemnity fund
33Limitation of claims
34Establishment and determination of claims
35Claims by conveyancers
36Personal representative may make claim
37Review of Commissioner's determination
38Determination, evidence and burden of proof
39Claimant's entitlement to compensation and interest
40Rights of Commissioner
41Insurance in respect of claims against indemnity fund
42Insufficiency of indemnity fund
43Accounts and audit
Part 5—Discipline
44Interpretation of Part 5
45Cause for disciplinary action
46Complaints
47Hearing by Tribunal
48Participation of assessors in disciplinary proceedings
49Disciplinary action
50Contravention of orders
Part 6—Miscellaneous
51Delegations
52Agreement with professional organisation
53Exemptions
54Register of conveyancers
55Commissioner and proceedings before Tribunal
56False or misleading information
57Statutory declaration
58Investigations
59General defence
60Liability for act or default of officer, employee or agent
62Continuing offence
63Prosecutions
64Evidence
65Service of documents
66Annual report
67Regulations
Schedule 2—Transitional provisions
1General
2Mortgage financiers
3Special provisions relating to Growden Investments
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Conveyancers Act 1994.
3—Interpretation
(1)In this Act, unless the contrary intention appears—
close associate—see subsection (2);
Commissioner means the Commissioner for Consumer Affairs;
conveyancer means a person, other than a legal practitioner, who carries on a business that consists of or involves the preparation of conveyancing instruments for fee or reward;
conveyancing instrument means an instrument as defined in the Real Property Act 1886;
director of a company includes—
(a)a person occupying or acting in the position of director of the company, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and
(b)any person in accordance with whose directions or instructions the directors of the company are accustomed to…