Conveyancers Licensing Act 2003 (NSW)
Licensing and Registration (Uniform Procedures) Amendment Act 2022 No 2 (not commenced)
An Act to provide for the licensing and regulation of conveyancers, to repeal the Conveyancers Licensing Act 1995; and for other purposes.
This Act is the Conveyancers Licensing Act 2003.
This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).
Schedule 2.2 and 2.5 commence on the commencement of Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002.
In this Act—
(a) the Commissioner for Fair Trading, Department of Customer Service, or
(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
For the purposes of this Act,
(a) a sale or lease of land,
(b) the sale of a business (including the sale of goodwill and stock-in-trade), whether or not a sale or lease of land or any other transaction involving land is involved,
(c) the grant of a mortgage or other charge.
Without limiting subsection (1),
(a) legal work involved in preparing any document (such as an agreement, conveyance, transfer, lease or mortgage) that is necessary to give effect to any such transaction, and
(b) legal work (such as the giving of advice or the preparation, perusal, exchange or registration of documents) that is consequential or ancillary to any such transaction, and
(c) any other legal work that is prescribed by the regulations as constituting conveyancing work for the purposes of this Act.
However,
(a) a mortgage on non-residential property where the amount secured by the mortgage exceeds 7 million dollars (with non-residential property being any property that is not residential property for the purposes of Division 8 of Part 4 of the Conveyancing Act 1919), or
(b) commencing or maintaining legal proceedings, or
(c) establishing a corporation or varying the memorandum or articles of association of a corporation, or
(d) creating, varying or extinguishing a trust, or
(e) preparing a testamentary instrument, or
(f) giving investment or financial advice, or
(g) investing money otherwise than as provided for by Division 2 of Part 5,
and does not include any work that is prescribed by the regulations as not constituting conveyancing work for the purposes of this Act.
In this section—
Notes included in this Act do not form part of this Act.
This Act is intended to have extraterritorial application to the extent the legislative powers of the State permit.
Because of the Mutual Recognition Act and subject to that Act—
(a) this Act applies to an interstate conveyancer in the same way it applies to the holder of a licence, and
(b) a reference to a licence includes a reference to the automatic deemed registration of an interstate conveyancer.
This Act must, as far as practicable, be interpreted in a way that is compatible with—
(a) the Mutual Recognition Act, and
(b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
In this section—
A person must not conduct a conveyancing business for fee or reward unless the person is the holder of a licence.
Maximum penalty—100 penalty units.
This section does not apply to the conduct of a conveyancing business by a person—
(a) who is an Australian legal practitioner, or
(b) who is an incorporated legal practice or solicitor corporation (if the conveyancing business is carried on on its behalf by an Australian legal practitioner).
A licensee is not guilty of an offence under Part 2.1 of the Legal Profession Uniform Law (NSW) in respect of conveyancing work that the licensee carries out in accordance with this Act, the regulations and the conditions of the licence.
This section does not permit a licensee to do anything, or to allow anything to be done, that is calculated to imply that the licensee is qualified to act as a solicitor.
A natural person is eligible to hold a licence only if the Secretary is satisfied that the person—
(a) is at least 18 years of age, and
(b) is a fit and proper person to hold a licence, and
(c) each person with whom the person is in partnership in connection with the business concerned is a fit and proper person to hold a licence, and
(d) has the qualifications required for the issue of the licence, and
(e) is not a disqualified person, and
(f) has paid the application fee required by section 12.
A corporation is eligible to hold a corporation licence only if the Secretary is satisfied that—
(a) the corporation is a fit and proper person to hold a licence, and
(b) each director of the corporation is a fit and proper person to hold a licence, and
(c) no director or executive officer (within the meaning of the Corporations Act) of the corporation is a disqualified person, and
(c1) the corporation is not a disqualified person, and
(d) at least one of the directors of the corporation holds a licence that a natural person is required to hold to carry on the business that the corporation carries on or proposes to carry on, and
(e) the corporation has paid the application fee required by section 12.
The qualifications required for the issue of a licence are such qualifications as the Minister may approve from time to time by order published on the NSW legislation website.
Without limiting the Minister’s power to approve qualifications, the Minister may approve qualifications by reference to any one or more of the following—
(a) the completion of a course of study,
(b) the completion of a period of training in a particular activity,
(c) the attainment of a standard of competency in a particular activity,
(d) satisfaction of professional development requirements.
Qualifications may be approved for a limited range of activities specified in the approval, 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 that limited range of activities only.
Qualifications may be approved by reference to qualifications obtained before a specific day or during a specified period.
A person does not have the qualifications required for the renewal or restoration of a licence if the person has failed to comply with any condition of the licence that required the holder to undertake professional development, continuing education or a course of study, unless the Secretary otherwise determines in a particular case.
A person is a disqualified person for the purposes of this Act if the person—
(a) has a conviction in New South Wales or elsewhere for an offence involving dishonesty that was recorded in the last 10 years, unless the Secretary has determined under subsection (3) that the offence should be ignored, or
(b)–(d) (Repealed)
(e) is a mentally incapacitated person, or
(f) is disqualified from holding a licence or other authority under a corresponding law or is the holder of such a licence or authority that is suspended, or
(g) is the holder of a licence, permit or other authority that is suspended under legislation administered by the Minister or is disqualified from holding a licence, permit or other authority under legislation administered by the Minister, or
(h) is in partnership with a person who is a disqualified person, or
(i) is for the time being declared to be a disqualified person under Part 9 (Complaints and disciplinary action), or
(j) is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed, or
(k) has failed to pay a contribution or levy payable by the person under section 89 and the failure continues, or
(l) has failed to pay an amount due as a debt to the Crown by way of recovery of an amount paid out of the Compensation Fund and the failure continues, or
(m) has failed to pay any monetary penalty payable by the person under Part 9 (Complaints and disciplinary action) or has failed to comply with any direction given by the Secretary under that Part, and the failure continues, or
(n) has failed to comply with the requirements of section 75 to have an audit of the records and documents relating to any trust money carried out within the required time, unless the Secretary determines in the circumstances that failure should not disqualify the person, or
(o) has been removed (otherwise than at his or her own request) from the roll of lawyers kept by the Supreme Court or from a corresponding roll of lawyers kept by a superior court of another State or Territory, or
(p) is disqualified from being employed in a law practice by virtue of an order made under Division 1 of Part 3.9 of the Legal Profession Uniform Law (NSW), or
(p1) is an Australian legal practitioner, incorporated legal practice or solicitor corporation, or
(q) is a disqualified person under the Property and Stock Agents Act 2002, or
(q1) is the holder of a licence or certificate of registration under the Property and Stock Agents Act 2002, or
(r) is in breach of any provision of this Act or the regulations that is prescribed by the regulations as a disqualifying breach.
A person is also a disqualified person for the purposes of this Act (except for the purposes of section 29) if the person—
(a) is an undischarged bankrupt, or
(b) at any time in the last 3 years was an undischarged bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit, or
(c) is, or was at any time in the last 3 years, concerned in the management of, or a director of, a Chapter 5 body corporate except in a case of the voluntary winding up of the body corporate, or
(d) is a person—
(i) who was, at any time in the last 3 years, concerned in the management of, or a director of, a body corporate that, within 12 months of the person ceasing to be such a person or director, became a Chapter 5 body corporate except in the case of a voluntary winding up of the body corporate, and
(ii) who failed (while concerned in the management of, or a director of, that body corporate) to take all reasonable steps to avoid the body corporate becoming a Chapter 5 body corporate.
The Secretary may determine that an offence committed by a person should be ignored for the purposes of this section because of the time that has passed since the offence was committed or because of the triviality of the acts or omissions giving rise to the offence.
The Secretary may determine that the factors listed in subsection (1) (g) or (j) should be ignored for the purposes of this section if, on the basis of information provided to the Secretary, the Secretary considers it appropriate to make that determination.
The Secretary may exempt a person from the operation of subsection (2) (a), (b) or (c) by—
(a) certifying, in the case of exemption from subsection (2) (a), that the Secretary is satisfied that the person took all reasonable steps to avoid the bankruptcy concerned, or
(b) certifying, in the case of exemption from subsection (2) (b), that the Secretary is satisfied that the person took all reasonable steps to avoid the bankruptcy or other financial difficulties concerned, or
(c) certifying, in the case of exemption from subsection (2) (c), that the Secretary is satisfied that the person took all reasonable steps (while concerned in the management of, or a director of, the body corporate) to avoid the body corporate becoming a Chapter 5 body corporate.
Subsection (2) (d) does not operate to make a person a disqualified person unless the Secretary has served a notice on the person giving the person the opportunity to make oral or written submissions to the Secretary within a period (being not less than 14 days) specified in the notice with respect to the grounds on which the person believes he or she took all reasonable steps to avoid the body corporate becoming a Chapter 5 body corporate and the Secretary is satisfied that the person failed to take all such steps.
In determining for the purposes of subsection (3B) or (3C) what reasonable steps could have been taken by a person to avoid a particular outcome, the Secretary is to have regard to the steps that could have been taken by the person from the time that the financial difficulties that gave rise to the outcome first arose.
In this section—
The Secretary may grant licences for the purposes of this Act.
Part 2 (other than section 10) of the Licensing and Registration (Uniform Procedures) Act
2002 (
For the purpose of applying Part 2 of the applied Act to a licence—
(a) the Secretary is taken to be the licensing authority, and
(b) the licence may be amended under that Act, and
(c) the reference to 2 weeks in section 9 (1) (a) of that Act is to be read as a reference to 4 weeks, and
(d) (Repealed)
(e) the reference to 28 days in section 17 (1) of that Act (as to the period within which an application must be determined) is to be read as a reference to 8 weeks, and
(f) section 21 (1) and (4) of that Act do not have effect, and
(g) the reference to 14 days in section 24 (1) of that Act (as to the period within which changed particulars must be notified) is to be read as a reference to 7 days, and
(h) (Repealed)
(i) a licence is not transferable.
A licence is taken to be a fixed-term licence for the purposes of Part 2 of the applied Act.
Subject to this section, the regulations may make provision for or with respect to such matters concerning a licence as are relevant to the operation of Part 2 of the applied Act.
An applicant for a licence must pay the application fee prescribed by the regulations.
A licence must not be granted to an applicant unless the applicant is eligible to be granted a licence (as provided by section 8).
The Secretary may refuse an application on any of the grounds (listed in section 132) on which the Secretary may take disciplinary action.
A licence may be granted subject to conditions, including (but not limited to) conditions of the following kind—
(a) a condition prohibiting the licensee from carrying out conveyancing work otherwise than as an employee of a licensee whose licence does not contain such a condition,
(b) a condition prohibiting the licensee from carrying out conveyancing work in relation to specified kinds of transaction,
(c) a condition prohibiting the licensee from carrying out conveyancing work except in relation to specified kinds of transaction,
(d) a condition requiring the licensee to undertake or complete a specified course of studies within a specified period of time,
(e) a condition requiring a licensee to undertake by way of professional development specified further education or training during the term of the licence.
The regulations may make provision for or with respect to requiring the holder of a licence to be insured under a policy of professional indemnity insurance in force with respect to the licensee or his or her employer. It is a condition of a licence that the holder of the licence be insured as required by any such regulations.
In particular, the regulations may require that the policy of insurance be a policy, or a policy of a kind, that is approved by the Minister for the time being by order published on the NSW legislation website.
An order may provide that a policy is an approved policy if the policy complies with either or both of the following—
(a) the policy complies with the conditions set out in the order,
(b) the policy is described in the order by reference to the insurer and the number of the policy or is identified in the order by other specified particulars.
Licences are issued by the Secretary and are to be in such form and specify such information as the Secretary determines.
An application for a licence or for renewal of a licence is to nominate one of the following terms of duration for the licence (the
(a) 1 year,
(b) 3 years,
(c) 5 years.
The Secretary may grant or renew a licence for a shorter term than the nominated term if satisfied that it is in the public interest to do so.
If an application for renewal of a licence has been made but the application is not finally determined by the Secretary before the expiry of the licence, the licence (if not suspended or sooner cancelled) continues in force until the application is finally determined.
If a licence is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.
The suspension of a licence does not affect the term of the licence.
This section does not affect the term of any licence granted under this Act and in force immediately before the substitution of this section by the Fair Trading Legislation Amendment (Reform) Act 2018.
An application for the restoration of a licence must be made—
(a) within 3 months of the expiry of the licence, or
(b) within the further period determined by the Secretary on the application of the person seeking the restoration of the licence.
Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of a licence may be made if the Secretary is satisfied that—
(a) in a case where the applicant failed to apply for renewal before the licence expired—the failure to apply for renewal of the licence before it expired was due to inadvertence, or
(b) it is just and equitable to restore the licence.
A licence that has been surrendered or cancelled must not be restored.
An application for the restoration of a licence must—
(a) be made in the approved form (if any), and
(b) be accompanied by the fee prescribed by the regulations, and
(c) nominate a term of duration for the licence.
A licence restored at any time is taken to have been restored from the day on which the licence expired.
Subject to this section, this Act applies to an application for the restoration of a licence in the same way as it applies to an application for a licence.
(Repealed)
A licensee must not enter into any arrangement under which some other person, whether or not a licensee, is authorised by the licensee to conduct a conveyancing business under the same business name, or under a substantially similar business name, as that under which the licensee conducts a conveyancing business.
Maximum penalty—50 penalty units.
Subsection (3) is intended to operate as referred to in sections 12 (2) (e), 19 (5) and 20 (3) of the Business Names Registration Act 2011 of the Commonwealth.
Section 12 (2) (e) of the Business Names Registration
Act 2011 of the Commonwealth (the
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that an entity does not commit an offence under those sections concerning the inclusion or display of registered business names in written communications and at places of business if the inclusion, use or display of a business name in such a communication or at such a place would be contrary to a law of a State.
A licensee who conducts a conveyancing business under a licence at more than one place of business must employ at each of those places of business (except the place at which the licensee is personally in charge) as the person in charge of business at that place a person who is the holder of a licence that an individual is required to hold to carry on a conveyancing business.
A corporation that conducts a conveyancing business under a licence must employ as the person in charge at each place of business at which the corporation carries on business under the licence a person who is the holder of a licence that an individual is required to hold to carry on a conveyancing business.
A licensee must not employ a person to be the person in charge of business at a place of business of the licensee if the person is also employed to be the person in charge of business at another place of business of the licensee or at a place of business of another licensee.
A person employed as the person in charge of business at a place of business of a licensee must not exercise functions or provide services on behalf of 2 or more licensees at that place (whether corporations or individuals) unless those licensees are in partnership.
The Secretary may grant a person an exemption from a provision of this section. The exemption may be granted unconditionally or subject to conditions. The Secretary may at any time by notice in writing to a person granted an exemption revoke the exemption or vary the conditions of the exemption.
The regulations may specify the matters to be taken into account by the Secretary in considering whether to grant a person an exemption from a provision of this section.
Maximum penalty—
(a) 200 penalty units in the case of a corporation, or
(b) 100 penalty units in any other case.
A licensee must properly supervise the conveyancing business carried on by the licensee.
The requirement to properly supervise the conduct of a conveyancing business includes the following requirements—
(a) a requirement to properly supervise employees engaged in the business,
(b) a requirement to establish procedures designed to ensure that the provisions of this Act and any other laws relevant to the conduct of that business are complied with,
(c) a requirement to monitor the conduct of business in a manner that will ensure as far as practicable that those procedures are complied with.
The Secretary may from time to time issue and notify to licensees guidelines as to what constitutes the proper supervision of the business of a licensee. A failure to comply with the requirements of any such guidelines in connection with the supervision of a business constitutes a failure to properly supervise the business.
Maximum penalty—200 penalty units in the case of a corporation or 100 penalty units in any other case.
The regulations may prescribe rules of conduct to be observed in the course of the conduct of conveyancing businesses or the exercise of functions under licences.
Part 9 (Complaints and disciplinary action) provides that a contravention of a provision of the regulations is grounds for taking disciplinary action against a person.
Without limiting subsection (1), the regulations may adopt, with or without modification, the provisions of any rules made by the Law Society with respect to the conduct of solicitors.
Without limiting subsection (1), the regulations may make provision for or with respect to matters to be disclosed to a person for whom a licensee carries out, or is retained to carry out, conveyancing work, including (but not limited to)—
(a) any conflict of interest that might arise from the carrying out of the work, and
(b) any beneficial interest in property that a licensee or employee of a licensee may obtain or be concerned in obtaining in carrying out conveyancing work in relation to the sale of the property.
The Secretary may accept a written undertaking from a licensee as to the manner in which the licensee will exercise functions under the licence.
Part 9 provides that a breach of such an undertaking is grounds for taking disciplinary action against a person.
A licensee must notify the Secretary as soon as practicable after becoming aware of any failure to account by the licensee.
Maximum penalty—50 penalty units.
In this section—
A body engaged in the provision of services to conveyancers as an industry association or similar undertaking must notify the Secretary in writing within 7 days after becoming aware of any failure to account by a licensee.
Maximum penalty—100 penalty units.
A licensee must not share the receipts of a conveyancing business with another person unless—
(a) the other person is a licensee, or
(b) the sharing of those receipts with that other person is approved by the Secretary and does not contravene the provisions of any regulation under this section.
Maximum penalty—200 penalty units in the case of a corporation or 100 penalty units in any other case.
An approval may not be given under this section unless the Secretary is satisfied that the sharing of the receipts of the conveyancing business in accordance with the approval—
(a) will not result in a person other than a licensee gaining control of the business, and
(b) will not adversely affect the independent conduct of the licensee’s business or give rise to a conflict between the interests of the licensee and the interests of any of the licensee’s clients.
This section does not prevent a party to a transaction from recovering from any other person the costs of conveyancing work carried out by a licensee who is employed by the party under a contract of service.
The regulations may make provision for or with respect to restricting the circumstances in which a licensee may share the receipts of a conveyancing business with another person who is not a licensee.
A licensee must not be in partnership with another person unless—
(a) the other person is a licensee, or
(b) the partnership with that other person is approved by the Secretary and does not contravene the provisions of any regulation under this section.
Maximum penalty—200 penalty units in the case of a corporation or 100 penalty units in any other case.
An approval for a partnership may not be given under this section unless the Secretary is satisfied that the business of the partnership concerned will include conveyancing business.
An approval may not be given for a partnership with a person who is the holder of a licence or certificate of registration under the Property and Stock Agents Act 2002.
The regulations may make provision for or with respect to restricting the classes of persons (other than licensees) with whom a licensee may be in partnership.
The following provisions apply in respect of a partnership in which a licensee is a member—
(a) a partner who is not a licensee is not guilty of an offence under Part 2.1 of the Legal Profession Uniform Law (NSW) merely because the partner conducts business of the partnership that is conveyancing business,
(b) a partner who is not a licensee is not guilty of an offence under Part 2.1 of the Legal Profession Uniform Law (NSW) merely because the partner receives any fee, gain or reward for business of the partnership that is conveyancing business,
(c) a partner who is not a licensee is not guilty of an offence under Part 2.1 of the Legal Profession Uniform Law (NSW) merely because the partner holds out, advertises or represents himself or herself as a member of a partnership conducting conveyancing business,
(d) a partner who is a licensee does not contravene this Part merely because the partner shares with any other partner the receipts of business of the partnership that is conveyancing business,
(e) Part 5, Division 2 and Parts 7 and 8 apply, subject to the regulations, as if each partner who is not a licensee were a licensee. Those provisions so apply in connection with any business of the partnership (whether or not it is conveyancing business).
The regulations may prohibit a licensee who conducts a conveyancing business, or who is employed in the conduct of a conveyancing business, from conducting, or being employed in the conduct of, any other business or class of businesses.
A licensee must not conduct any business, or be employed in the conduct of any business, in contravention of the regulations under this section.
Maximum penalty—200 penalty units in the case of a corporation or 100 penalty units in any other case.
A licensee must not, in connection with his or her conveyancing business, employ or pay a person whom the licensee knows to be a disqualified person.
Subsection (1) does not apply in relation to a person who is employed or paid in accordance with leave given by the Secretary.
If the Secretary refuses an application by a person for leave under this section, the person may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision.
Leave given under this section may be limited as to time or given subject to specified conditions.
A disqualified person must not seek employment or payment in connection with a licensee’s conveyancing business unless he or she has informed the licensee of the fact of his or her disqualification.
Maximum penalty (subsection (5)): 50 penalty units.
A licensee who employs a person at any place of business of the licensee is responsible, in tort and in contract, for anything done or not done by the person—
(a) within the scope of the employee’s authority, or
(b) for the benefit, or the purported or intended benefit, of the licensee or the licensee’s business.
A licensee must make and keep a record of the name and residential address of each employee that the licensee employs as a conveyancer.
(Repealed)
The licensee must keep the record in the form of a register of employees and that register must be kept at the place of business of the licensee at which the employee is employed or at such other place as the Secretary may approve.
Maximum penalty—50 penalty units.
A licensee must notify the Secretary in writing within 7 days after becoming aware that a person employed by the licensee has become a disqualified person.
Maximum penalty—50 penalty units.
A person employed by a licensee must notify the licensee within 7 days after the person becomes a disqualified person.
Maximum penalty—50 penalty units.
(Repealed)
A licensee must not publish or cause to be published (in a newspaper or otherwise, and whether in print or on a publicly accessible website) an advertisement relating to or in connection with the licensee’s business unless the advertisement includes the following—
(a) if the licensee is an individual carrying on business in the licensee’s own name and is not a member of a partnership—the licensee’s name,
(b) if the licensee is an individual carrying on business under a business name registered under any Act relating to the registration of business names—either the licensee’s name or that business name,
(c) if the licensee carries on business as a member of a partnership—either the licensee’s name or the name of the partnership, or the name under which the partnership is registered under any Act relating to the registration of business names,
(d) if the licensee is a corporation and the corporation is carrying on business in its own name—the name of the corporation,
(e) if the licensee is a corporation and the corporation is carrying on business under a business name registered under any Act relating to the registration of business names—either its own name or that business name,
(f) the number of the licence.
Maximum penalty—100 penalty units.
A licensee must disclose to a client in accordance with this Division the basis of the costs for conveyancing work to be carried out for the client by the licensee and any conflict or beneficial interest of a kind required to be disclosed by the regulations.
Maximum penalty—200 penalty units in the case of a corporation or 100 penalty units in any other case.
The following matters are to be disclosed to the client—
(a) the amount of the costs, if known,
(b) if the amount of the costs is not known, the basis of calculating the costs,
(c) the billing arrangements,
(d) the client’s rights under Part 4 in relation to the hearing of disputes about the fees by the Tribunal,
(e) any conflict or beneficial interest of a kind required to be disclosed by the regulations,
(f) any other matter required to be disclosed by the regulations.
A disclosure under this Division is to be made before or when the licensee is retained to carry out the conveyancing work concerned, unless this section otherwise provides.
If it is not reasonably practicable to make the disclosure before or when the licensee is retained, the disclosure is to be made as soon as practicable after the licensee is so retained.
A disclosure under this Division must be made in writing and be expressed in clear plain language.
The disclosure may be made separately or in a costs agreement or in any other contract relating to the carrying out by the licensee of the conveyancing work concerned.
A disclosure is not required to be made under this Division when it would not be reasonable to require it.
The regulations may make provision for or with respect to—
(a) the information to be disclosed under this Division, and
(b) when it would not be reasonable to require a disclosure to be made under this Division.
If a licensee fails to make a disclosure to a client in accordance with this Division of the matters required to be disclosed by section 36 in relation to costs, the client need not pay the costs of the conveyancing work.
A licensee who fails to make a disclosure in accordance with this Division of the matters required to be disclosed by section 36 in relation to costs may not maintain proceedings for the recovery of the costs.
In this Part—
Any person may notify the Tribunal, in accordance with the regulations, of any costs dispute that the person has with another person.
A notification must be accompanied by the fee prescribed by the regulations under the Civil and Administrative Tribunal Act 2013 for an application to the Tribunal in its Consumer and Commercial Division (unless the fee is waived or postponed under that Act).
The Tribunal may, on notification of a costs dispute, take any action that it considers necessary to resolve the dispute.
On notification of a costs dispute, the Tribunal must determine whether the subject-matter of the dispute should be assessed by an independent expert and may, if it considers it appropriate, refer the dispute to an independent expert for assessment.
An independent expert may be selected from a panel of experts approved by the President of the Tribunal.
An independent expert to whom a costs dispute is referred under this section must prepare a written report on the dispute and provide a copy of it to the parties and to the Tribunal within the time limit specified by the Tribunal.
Nothing in this section prevents the Tribunal using (or requiring the use of) resolution processes under the Civil and Administrative Tribunal Act 2013 to resolve a costs dispute.
The costs of assessment by an independent expert, including the costs payable to the expert, are to be borne equally by the parties to the dispute.
Regulations made for the purposes of this section may provide that the parties are to bear the costs—
(a) in such manner as may be ordered by the Tribunal, or
(b) in any other prescribed manner.
If parties to a costs dispute reach an agreement or arrangement during or after an assessment by an independent expert, that agreement must be put in writing by the independent expert, signed by the parties to the dispute and filed with the Tribunal.
The Tribunal is to make such orders as it considers appropriate to give effect to the agreement.
Any person may apply to the Tribunal for the determination of a costs dispute.
An application must not be accepted unless the procedure relating to costs disputes set out in Division 2 has been followed in relation to the costs dispute or unless the President of the Tribunal does not consider it appropriate that the procedure be followed.
The Tribunal has jurisdiction to hear and determine any costs dispute brought before it in accordance with this Part.
The Tribunal has jurisdiction to hear and determine any costs dispute whether or not the matter to which the dispute relates arose before or after the commencement of this Division, except as provided by this Act.
This section applies if a person starts any proceedings in or before any court in respect of a costs dispute and the costs dispute is one that could be heard by the Tribunal under this Division.
If a defendant in proceedings to which this section applies makes an application for the proceedings to be transferred, the proceedings must be transferred to the Tribunal in accordance with the regulations and are to continue before the Tribunal as if they had been instituted there.
This section has effect despite clauses 5 and 6 of Schedule 4 to the Civil and Administrative Tribunal Act 2013.
In determining a costs dispute, the Tribunal is empowered to make one or more of the following orders as it considers appropriate—
(a) an order that one party to the proceedings pay money to another party or to a person specified in the order,
(b) an order that one party to the proceedings return to another party, or to a person specified in the order, documents in the possession or under the control of the party,
(c) an order that a specified amount of money is not due or owing by a party to the proceedings to a specified person, or that a party to the proceedings is not entitled to a refund of any money paid to another party to the proceedings.
Sections 79R and 79T–79V of the Fair Trading Act 1987 apply, with any necessary modifications, to and in respect of the determination of a costs dispute.
In this Part—
A reference in this Part to a licensee includes a reference to a person who has ceased to be a licensee and to the personal representative of a licensee who has died.
In the application of this Part—
(a) to a person who has ceased to be a licensee, a reference to money received for or on behalf of a person by a licensee is to be read as a reference to money received by that person for or on behalf of any other person in connection with his or her business as a licensee, and
(b) to the personal representative of a licensee who has died, a reference to money received for or on behalf of a person by a licensee is to be read as a reference to money received by that licensee or personal representative for or on behalf of a person in connection with the business carried on by that licensee.
Money received for or on behalf of any person by a licensee in connection with the licensee’s conveyancing business—
(a) is to be held by the licensee or (if the licensee is employed by a corporation) by the corporation, exclusively for that person, and
(b) is to be paid to the person or disbursed as the person directs, and
(c) until so paid or disbursed, is to be paid into and retained in a trust account (whether general or separate) at an authorised deposit-taking institution in New South Wales and approved by the Secretary for the purposes of this Part.
If the licence is held by a corporation, the trust account is to be in the name of the corporation and in any other case is to be in the name of the licensee or of the firm of licensees of which the licensee is a member.
Subsection (1) does not prevent a licensee from—
(a) withdrawing or receiving, from trust money, money due to the licensee for costs so long as the procedure prescribed by the regulations is followed, and
(b) holding, or disposing of, a cheque or other negotiable instrument payable to a third party if the licensee does so on behalf of a client and in accordance with directions given by the client, and
(c) exercising a general retaining lien for unpaid costs and disbursements in respect of money in a trust account (other than money received subject to an express direction by the client with respect to the purposes for which the money is to be applied).
A lien referred to in subsection (3) (c)—
(a) may not be exercised for an amount in excess of the sum of the costs and disbursements unpaid, and
(b) may not be exercised unless—
(i) the licensee has disclosed to the client, in accordance with Division 5 of Part 3, the basis of the costs for the conveyancing work concerned, or
(ii) if such a disclosure is not required to be made (as provided by sections 39 and 40 and any relevant regulations)—the licensee has served a bill of costs on the client.
The name of a trust account and the description of the trust account in the books and records of the licensee and also on all cheques drawn on the trust account—
(a) must include the name of the licensee corporation, licensee or firm of licensees in whose name the trust account is kept, and
(b) must include the words “Trust Account”, and
(c) may include, at the end of the account’s name, a name or other matter to identify the person on whose behalf money in the account is held.
When opening a trust account at an authorised deposit-taking institution for the purpose of complying with this section, the licensee concerned must ensure that the authorised deposit-taking institution is notified in writing that the account is a trust account required by this Act.
A licensee must, within 14 days after closing a trust account, notify the Secretary in writing of the closure.
Maximum penalty—100 penalty units.
The Secretary may approve an authorised deposit-taking institution for the purposes of this Part and may revoke any such approval by notice in writing to the authorised deposit-taking institution.
The Secretary is not to approve an authorised deposit-taking institution for the purposes of this Part unless satisfied that the institution is able to discharge the obligations of an authorised deposit-taking institution under this Part.
An authorised deposit-taking institution that is the subject of an approval that is in force for the purposes of Part 7 of the Property and Stock Agents Act 2002 is taken to have been approved by the Secretary for the purposes of this Part.
Trust money is not available for the payment of the debts of the licensee to any other creditor of the licensee, or liable to be attached or taken in execution under the order or process of any court at the instance of any other creditor of the licensee.
This section does not take away or affect any just claim or lien that any licensee may have against or upon trust money.
A licensee must, within 5 days after becoming aware that a trust account of the licensee has become overdrawn, notify the Secretary in writing of—
(a) the name and number of the account, and
(b) the amount by which the account is overdrawn, and
(c) the reason for the account becoming overdrawn.
Maximum penalty—100 penalty units.
Sections 90 and 91 of the Property and Stock Agents Act 2002 apply in respect of all money held in a general trust account under this Division as if—
(a) the trust account were a trust account opened and kept under section 86 of that Act, and
(b) the licensee who opened and keeps the trust account were a licensee under that Act.
Section 90 of the Property and Stock Agents Act 2002 provides for interest earned on trust accounts to be paid to the Statutory Interest Account. Section 91 requires authorised deposit-taking institutions to notify the Secretary of certain matters with respect to trust accounts kept with the institution, including the number of trust accounts opened with the institution during a month and the names of the licensees who opened the accounts.
A licensee must, when opening a trust account at an authorised deposit-taking institution under this Division, ensure that the authorised deposit-taking institution is notified that the trust account is, for the purposes of sections 90 and 91 of the Property and Stock Agents Act 2002, to be regarded as a trust account required by that Act. Such a notification is, for the purposes of those sections, to be regarded as a notification that the trust account concerned is required by that Act.
When an authorised deposit-taking institution becomes aware that a trust account kept with it under this Part is overdrawn, the institution must as soon as practicable (and in any case within 5 business days) after becoming so aware inform the Secretary of the following by notice in writing—
(a) the name and business address of the licensee concerned,
(b) the name and number of the account,
(c) the date on which the account became overdrawn,
(d) the amount by which the account is overdrawn.
Maximum penalty—100 penalty units.
Within 5 business days of an authorised deposit-taking institution becoming aware that a cheque presented on a trust account kept with it under this Part has been dishonoured, the institution must, by notice in writing, inform the Secretary of the following—
(a) the name and business address of the licensee concerned,
(b) the name and number of the account,
(c) the amount of the dishonour,
(d) the date on which the cheque was dishonoured.
Maximum penalty—100 penalty units.
Not later than 31 May in each year, an authorised deposit-taking institution approved for the purposes of this Part must provide to the Secretary a certificate given by a registered company auditor (within the meaning of the Corporations Act) certifying as to the following—
(a) that the institution has complied with the requirements of this Part in relation to trust accounts kept by it under this Part during the 12 month period ending on 30 April immediately preceding that 31 May,
(b) the total amount of interest that the institution paid under this Part to the Secretary during that 12 month period in respect of those trust accounts for crediting to the Statutory Interest Account.
Maximum penalty—100 penalty units.
An authorised deposit-taking institution—
(a) does not incur liability, and is not obliged to make inquiries, in relation to any transaction concerning an account of a licensee kept with the institution or with some other financial institution, and
(b) is, in relation to any such transaction, taken not to have any knowledge of a right of any person to money credited to such an account,
unless it would incur such a liability, be obliged to make such inquiries or be taken to have that knowledge in relation to an account kept with it in respect of a person absolutely entitled to the money held in that account.
This section does not relieve an authorised deposit-taking institution from any liability or obligation that it would have apart from this Act.
An authorised deposit-taking institution at which a licensee keeps an account for clients’ money does not, as regards any liability that the licensee has to the institution (other than a liability relating to that account), have a right to any of the money held in that account, whether by way of set-off, counterclaim, charge or otherwise.
A licensee who in the month of January in a year holds in a trust account kept by the licensee money that was received by the licensee more than 2 years before that month must furnish to the Secretary in that month a statement (an
(a) the money so held, and
(b) each person for whom or on whose behalf the money is held, and
(c) the address last known to the licensee of each of those persons.
A statement under this section is to be in the form approved by the Secretary.
A former licensee, or the personal representative of a deceased licensee, who holds money in a trust account kept under this Act must furnish to the Secretary a statement giving particulars of—
(a) the money held in the trust account as at the date on which the statement is furnished, and
(b) the names of the persons for whom or on whose behalf the money is held, and
(c) the address of each of those persons last known to the person furnishing the statement.
This statement is the first statement that the former licensee or personal representative is required to furnish and it is to be furnished within 3 months after the date on which the person ceased to be a licensee or became the personal representative of the deceased licensee.
The former licensee or personal representative must furnish a further statement (an
The further statement is to give particulars of the same matters as the first statement and also include particulars of any payments made from the trust account or other place where money is held since the date of the first statement.
A statement under this section is to be in the form approved by the Secretary.
The regulations may exempt money or a class of money from the operation of this section.
When the Secretary receives an unclaimed money statement under this Division, the Secretary is to—
(a) send by post or email to each person for whom or on whose behalf any money referred to in the statement is held a notice (an
individual notice ) in writing addressed to the person at the person’s address shown in the statement stating the particulars of the money held for or on behalf of that person, and(b) cause notification to be published in the Gazette (a
Gazette notification ) stating the particulars of the money held for or on behalf of each of those persons.
Each individual notice and the Gazette notification is to state that, if the money is not paid out of the trust account or other place in which it is held within 3 months after the date of publication of the Gazette notification, the person holding the money will be required to pay it to the Secretary.
At any time after the expiration of that 3 months the Secretary may, by a notice in writing served personally, by email or by post on the person by whom the money is held, require that person—
(a) to pay to the Secretary any money referred to in the Gazette notification that has not been previously paid by that person out of the trust account or other place in which it is held, and
(b) to furnish to the Secretary, within such period as may be specified in the notice to the person, a statement showing particulars of any payments made out of the money referred to in the Gazette notification since the unclaimed money statement was made.
The Secretary must pay any money received by the Secretary under this section into the Compensation Fund.
Within 2 months after 31 December in each year, the Secretary must pay into the Consolidated Fund all money received by the Secretary and paid into the Compensation Fund under this section during the period of 12 months ending on that 31 December (less any of that money that has been paid from the Compensation Fund to the person entitled to the money).
A statement or notice may only be sent by email to a person if the person has provided an email address for receiving statements or notices of that kind.
A person who fails to comply with the requirements of any notice served on the person under this section is guilty of an offence.
Maximum penalty—50 penalty units.
The Secretary must, on application by a person entitled to an amount of money paid under this Division into the Compensation Fund or the Consolidated Fund, pay that amount to the person out of the Compensation Fund.
When an amount is paid out of the Compensation Fund in respect of an amount that has been paid into the Consolidated Fund, the Treasurer must, on application by the Secretary, pay that amount to the Secretary out of the Consolidated Fund (which is appropriated accordingly) for payment into the Compensation Fund.
The Secretary may by notice in writing served on a licensee require the licensee to furnish to the Secretary in the manner required by the notice a statement in writing setting out full particulars as to any of the following—
(a) the name of the trust account on which the licensee operates in accordance with this Act, the name of the authorised deposit-taking institution at which the account is current, the balance of the money standing to the credit of the account as at a date specified in the notice, and particulars of all cheques drawn on the account as at such date and not presented and duly paid,
(b) any money paid by any person to the licensee or received by the licensee for or on behalf of any person in connection with the licensee’s business as a licensee and, if not still held by the licensee, the manner and time of its disbursement,
(c) any transaction by or with the licensee as a licensee.
The licensee must comply with a notice under this section within 7 days after it is served on the licensee.
A notice under this section cannot relate to any transaction by or with the licensee more than 3 years before the notice is served on the licensee.
A person directly concerned in any transaction by or with a licensee in connection with the licensee’s conveyancing business may request the licensee in writing to render to the person in the manner prescribed by the regulations an itemised account of the transaction.
The licensee must comply with the request within 14 days after the request is served on the licensee.
A person may not request an itemised account of a transaction that took place more than 6 months before the making of the request.
A licensee must not fail without reasonable excuse (proof of which lies on the licensee) to comply with a requirement under this Division.
A licensee must not, in purported compliance with a requirement under this Division, furnish information that the licensee knows is false or misleading in a material particular.
Maximum penalty—100 penalty units.
In this Act—
The regulations may make provision for or with respect to—
(a) requiring licensees to make and keep specified records and documents relating to the licensee’s conveyancing business, accounts kept in connection with that business and transactions carried out by the licensee or employees of the licensee in connection with conveyancing work carried out by them, and
(b) the manner and form in which such records and documents are to be kept.
A provision of such a regulation may impose a penalty not exceeding 50 penalty units for a contravention of the provision.
If records or documents that were licensee’s records are in the possession, custody or control of a person as a former licensee, as the personal representative of a deceased licensee, or as a result of the transfer of the business of the licensee or otherwise, those records or documents are still licensee’s records for the purposes of this Division.
This Part extends to records and documents in the possession, custody or control of a person even when the records or documents are located outside the State.
A licensee’s records are at all reasonable times open to inspection by an authorised officer.
An authorised officer may require a person who has possession, custody or control of a licensee’s records—
(a) to produce the licensee’s records for inspection, and
(b) to furnish all authorities and orders to financial institutions as may be reasonably required of the person.
If a licensee is absent from an office or place of business of the licensee, any employee or agent of the licensee for the time being having the apparent control or charge of the office or place of business is taken to have possession, custody or control of the licensee’s records at that office or place of business.
An authorised officer may take copies of or extracts from, or make notes from, any licensee’s records produced to the authorised officer under this section and for that purpose may take temporary possession of those records.
An authorised officer may serve on an authorised deposit-taking institution with which a licensee has deposited any money in any account (whether the licensee’s own account or a general or separate trust account) a notice, in a form approved by the Secretary and signed by the authorised officer—
(a) certifying as to the reason for serving the notice, as provided by this section, and
(b) requiring the authorised deposit-taking institution to produce to the authorised officer for inspection the records of the institution relating to the account.
Each of the following is a reason for serving a notice under this section—
(a) the licensee cannot be located,
(b) the licensee has left the State,
(c) the licensee or any other person required to do so has failed to furnish any authority or order on the institution in accordance with a requirement under this Division,
(d) the licensee has ceased to be a licensee,
(e) the licensee has contravened a provision of Part 5 (Trust money).
An authorised officer may take copies of or extracts from, or make notes from, any records produced to the authorised officer under this section and for that purpose may take temporary possession of those records.
An authorised officer may give a written notice to a licensee or to another person that the officer reasonably believes has possession, custody or control of the licensee’s records requiring the licensee or person to produce the licensee’s records specified in the notice at the time and place specified in the notice.
An authorised officer may inspect any record produced in response to a notice under this section and may take copies of or extracts from, or make notes from, any such record.
A licensee does not contravene a provision of this Act if the licensee was unable to comply with the provision because an authorised officer retained possession of a record or document under this section.
An authorised officer to whom any record is produced under this Part may take possession of the record if the authorised officer considers it necessary to do so for the purpose of obtaining evidence or protecting evidence from destruction.
If an authorised officer takes possession of any record under this section, the record may be retained by the officer until the completion of any proceedings (including proceedings on appeal) in which the record may be evidence.
The person from whom the record was taken must be provided, within a reasonable time after the record is taken, with a copy of the record certified by an authorised officer as a true copy.
A copy of a record provided under this section is, as evidence, of equal validity to the record of which it is certified to be a copy.
A person must not—
(a) wilfully delay or obstruct an authorised officer in the exercise of the authorised officer’s functions under this Division, or
(b) fail to comply with a requirement under this Division to produce a record or document in the person’s possession, custody, or control, or
(c) fail to comply with a requirement under this Division to furnish any authority or order reasonably required of the person under this Division, or
(d) in purported compliance with a requirement under this Division produce a document or record knowing it to be false or misleading in a material particular.
Maximum penalty—100 penalty units.
A court that convicts a person of an offence under this section may, in addition to any penalty imposed, order the person to produce the records in respect of which the offence occurred to the Secretary or an authorised officer within such time as the court specifies in the order.
A person who fails to produce a record in accordance with an order of a court made under this section is guilty of an offence punishable by a penalty not exceeding 10 penalty units in respect of each day that the failure continues.
A person who is a licensee, a former licensee or the personal representative of a licensee must, within 3 months after the end of the audit period applicable to the person, cause the records and documents relating to any trust money held during that period by the person in accordance with this Act to be audited by a person qualified to act as an auditor for the purposes of this Division.
The Secretary may in a particular case or class of cases by order in writing extend the period of 3 months under subsection (1).
The person must retain a copy of the auditor’s report on the audit for a period of 3 years after the date on which the report was made.
(Repealed)
Maximum penalty—
(a) 100 penalty units in the case of a corporation, or
(b) 50 penalty units in any other case.
The audit period applicable to a person is the year ending on 30 June or such other period as the Secretary may fix in respect of the person under this section.
The Secretary may by order in writing served on a person fix some other period as the audit period applicable to the person.
Such an order may be made on the application of the person or on the Secretary’s own initiative.
Such an order may be made with such limitations as to time or circumstances, and subject to such conditions, as the Secretary considers appropriate.
A licensee who in the course of the audit period applicable to the licensee neither received nor held any money for or on behalf of any other person must, within the period of 3 months after that day, notify the Secretary, in the form approved by the Secretary, of that fact.
Maximum penalty—100 penalty units.
Without limiting the form of notice that may be approved under subsection (1), the form may be an electronic form accessible on a publicly available website.
If the provisions of this Division are complied with by any one of the licensees in a partnership of licensees in relation to the audit of the records and documents of the partnership, each of those partners is taken to have complied with those provisions.
A person is qualified to act as an auditor for the purposes of this Division if the person—
(a) is a registered company auditor within the meaning of the Corporations Act, or
(a1) is an authorised audit company within the meaning of the Corporations Act, or
(a2) is a member of a professional accounting body within the meaning of the Australian Securities and Investments Commission Act 2001 of the Commonwealth and holds a Public Practice Certificate or Certificate of Public Practice issued by the body, or
(b) is a person who has been nominated by the person whose records and documents are to be audited and who has been approved by the Secretary by order in writing.
Such a person is not qualified to act as an auditor for the purposes of this Division if the person—
(a) is or has at any time within 2 years before the last day of the period in respect of which the audit is to be made, been an employee or partner of the person whose records or documents are to be audited, or
(b) is a licensee, or a shareholder in a corporation that is a licensee and that has not more than 20 shareholders.
An auditor appointed to make an audit for the purposes of this Division must provide a copy of the report on the audit to the Secretary—
(a) in the form and way approved by the Secretary (if any), and
(b) within 14 days after providing the report to the licensee.
If the auditor discovers any of the following in the course of making the audit, the auditor must fully set out the facts discovered in the report—
(a) any contravention of this Act or the regulations has been committed,
(b) any discrepancy relating to the trust money to which the audit relates,
(c) the records or documents concerned are not kept in such a way as to enable them to be properly audited.
An auditor, or an assistant of an auditor, appointed to make an audit for the purposes of this Division must not communicate any matter which may come to the auditor’s knowledge in the course of the audit to any person except—
(a) in the course of the auditor’s duties as an auditor or assistant of an auditor, or
(b) in accordance with this section, or
(c) in the like circumstances and to the like extent as an employee of the Department is permitted under this Act to publish that information.
(Repealed)
An auditor must not fail without reasonable excuse (proof of which lies on the auditor) to comply with a requirement under this section.
Maximum penalty—50 penalty units.
The Secretary must make a relevant document available for inspection by an auditor appointed to make an audit of the records and documents of a person who has been the subject of an earlier audit.
In this section—
(a) a report on an audit received under section 80(1),
(b) a notice given to the Secretary under section 77.
In this Division—
(a) a trust account in a licensee’s name with a financial institution, or
(b) an account in a licensee’s name or in which a licensee has an interest with a financial institution, or
(c) another account to which trust money is deposited.
A direction under this Division may be given when it appears to the Secretary that any of the following persons has, or may have, stolen, misappropriated or misapplied trust money—
(a) a licensee,
(b) the person in charge of a licensee’s business at a place,
(c) an employee of a licensee.
The Secretary may by direction in writing direct that—
(a) if a claim has been made against the Fund concerning the trust money, all or part of the amount to the credit of a specified account be paid to the Secretary, or
(b) an amount must not be drawn from a specified account other than with the Secretary’s written approval, or
(c) a specified account may be operated only under specified conditions.
The direction must be given to each holder of the account and the financial institution at which the account is kept, and must identify the account to which it relates.
Any amount paid to the Secretary pursuant to such a direction must be paid into the Fund.
A financial institution to which a direction under this Division is given (whether or not the direction has been given to anyone else) must not, while the direction is in force—
(a) pay a cheque or other instrument drawn on the account concerned unless the cheque or instrument is also signed by the Secretary or a person authorised by the Secretary for the purposes of this section, or
(b) give effect to another transaction on the account that is not authorised because of the direction.
Maximum penalty—500 penalty units.
The signature of the Secretary or authorised person on a cheque or other instrument is sufficient evidence of the Secretary’s approval to draw an amount from the account to honour the cheque or other instrument.
A manager or principal officer in charge of an office or branch of the financial institution where an account is kept, or another officer of the financial institution, must not knowingly permit a contravention of this section by the financial institution.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
A person to whom a direction is given does not incur a civil liability to another person by reason only of complying with the direction.
After a direction under this Division has been given to the holder of an account, the holder must not (while the direction remains in force) sign a cheque or other instrument drawn on the account unless the cheque or other instrument has first been signed by the Secretary or a person authorised by the Secretary to sign the cheque or instrument.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
The Secretary or a person authorised in writing by the Secretary (an
A statutory declaration made by the Secretary or authorised person to the effect that the account holder is refusing to operate on the account is sufficient evidence to the licensee’s financial institution of that fact.
A direction remains in force until it is withdrawn.
The Secretary may withdraw a direction under this Division at any time.
When a direction is withdrawn, the Secretary is to give all persons who were given the direction a notice that the direction has been withdrawn. Failure to give notice does not affect the withdrawal of the direction.
In this Part—
Part 10 of the PASA Act applies to and in respect of a failure to account (within the meaning of that Part) arising from any act or omission of a licensee under this Act that occurs on or after the commencement of this Act, as if the licensee were a licensee under the PASA Act.
For that purpose, a licensee under this Act is taken to be a licensee within the meaning of the PASA Act and a licence under this Act is taken to be a licence within the meaning of the PASA Act.
Section 169 (4) of the PASA Act is not applicable to a person as a licensee under this Act.
A holder of a licence must pay the contribution and levy required to be paid from time to time under the PASA Act, Part 10, Division 2.
The payments must be made at the times and in the way required by the Secretary.
A payment may be required from a person in anticipation of the person becoming the holder of a licence.
A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made—
(a) with the consent of the person from whom the information was obtained, or
(b) in connection with the administration or execution of this Act, or
(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or
(d) in accordance with a requirement imposed under the Ombudsman Act 1974, the Government Information (Public Access) Act 2009 or the Independent Commission Against Corruption Act 1988, or
(e) to a regulatory officer or law enforcement officer, for the purposes of assisting the officer in the exercise of the officer’s functions, or
(f) as otherwise authorised by this section or the regulations, or
(g) with other lawful excuse.
Maximum penalty—20 penalty units or imprisonment for 6 months, or both.
The Secretary may communicate to any person directly concerned in any transaction with a licensee in connection with his or her conveyancing business any information furnished to the Secretary in connection with the administration or execution of this Act, in so far as it relates to any such transaction and directly concerns any such person.
The Secretary may request and receive information from a law enforcement officer or regulatory officer for the purpose of assisting the Secretary in the exercise of functions under this Act or under any other Act administered by the Minister.
The Secretary may enter into agreements and other arrangements for the sharing or exchange of information as authorised by this section.
In this section—
(a) a member of the NSW Police Force, the Australian Federal Police or of the police force of another State or a Territory, or
(b) the Director of Public Prosecutions or the Crown Prosecutor of the State or the Director of Public Prosecutions or the Crown Prosecutor of the Commonwealth or of another State or Territory, or
(c) any other person, or officer of an authority, responsible for the investigation or prosecution of offences under laws of the State, the Commonwealth, another State or a Territory.
The Secretary is to maintain a Register for the purposes of this Act and is to enter and keep in the Register particulars of such of the following as the regulations may require—
(a) the licences issued under this Act,
(b) applications for a licence that are refused,
(c) prosecutions taken under this Act and the result of those prosecutions,
(d) warning notices that the Secretary has authorised publication of under this Act,
(e) disciplinary action taken under this Act,
(f) undertakings given under this Act by licensees,
(g) the appointment of a manager or receiver under this Act,
(h) such other matters as may be prescribed by the regulations.
Any person is entitled to inspect any entry in the Register on payment of such fee as the Secretary may determine for the giving of access to the Register.
A document purporting to be a certificate signed by the Secretary and certifying that any person is or is not or was or was not on any date or during any specified period a licensee is evidence of the matters certified in all courts and before all persons and bodies authorised by law to receive evidence.
The Secretary may delegate the exercise of any function of the Secretary under this Act (other than this power of delegation) to—
(a) any person employed in the Department, or
(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
This Act does not limit or otherwise affect the exercise of any function under the Fair Trading Act 1987.
A matter or thing done or omitted to be done by the Secretary, an authorised officer or any person acting under the direction of the Secretary does not, if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act, subject the Secretary, authorised officer or person so acting personally to any action, liability, claim or demand.
A notice or direction in writing that is required or permitted to be given under this Act may be given as provided by this section.
A notice or direction may be given to a person other than a corporation—
(a) by giving it to the person, or
(b) by leaving it at the person’s place of residence with someone who apparently resides there and has apparently reached the age of 16 years, or
(c) by leaving it at the person’s place of employment or business with someone who is apparently employed there and has apparently reached the age of 16 years, or
(d) by posting it in a letter addressed to the person at the address last known to the Secretary of the person’s place of residence, employment or business, or
(e) by email to an email address specified by the person for the service of notices or directions of that kind, or
(e1) by other electronic means to an address or location specified by the person for the service of documents of that kind, or
(f) by any other method authorised by the regulations for the service of notices or directions of that kind.
A notice or direction may be given to a corporation—
(a) by giving it to the secretary of the corporation, or any other person concerned in the management of the corporation, personally, or
(b) by leaving it at the corporation’s only or principal place of business with someone who is apparently employed there and has apparently reached the age of 16 years, or
(c) by posting it in a letter addressed to the corporation at the address last known to the Secretary of its only or principal place of business, or
(d) by sending the document to an email address specified by the corporation for the service of documents of that kind, or
(d1) by other electronic means to an address or location specified by the corporation for the service of documents of that kind, or
(e) by any other method authorised by the regulations for the service of documents of that kind.
This section does not limit any provision of the Corporations Act.
The Conveyancers Licensing Act 1995 is repealed.
The Conveyancers Licensing Regulation 2001 is repealed.
Schedule 1 has effect.
(Repealed)
A provision of Part 8 (Management and receivership) is a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
In particular the Governor may make regulations for or with respect to the following—
(a) prescribing the procedure to be followed in respect of applications under this Act,
(b) fixing the maximum amount of remuneration to which a licensee is entitled, by way of fee, gain or reward, for services performed by him or her as a licensee,
(c) requiring licensees to display or otherwise publicise or give notice of particulars of their remuneration and prescribe the consequences of a failure to comply with any such requirement,
(d) prescribing the accounts and other records to be kept by a licensee and the manner in which they are to be kept,
(e) prescribing a method of service (which may include electronic transmission) of any notice, statement of claim, order or other document authorised or required to be served by or under a provision of this Act, either in addition to or as an alternative to a method of service provided for by the provision concerned,
(f) prescribing exemptions from the operation of this Act or specified provisions of this Act,
(g) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations.
A regulation may create an offence punishable by a penalty not exceeding 40 penalty units in the case of a corporation or 20 penalty units in any other case.
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
(Section 169)
In this Schedule—
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act
• Conveyancers Licensing Amendment Act 2006
• any other Act that amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
A person who was the holder of a licence under a provision of the repealed Act immediately before its repeal is taken to be the holder of a licence under this Act.
The licence—
(a) is taken to have been issued subject to the same conditions to which it was subject under the repealed Act, and
(b) remains in force for the remainder of the period for which it was issued.
The repealed Act continues to apply as if it had not been repealed to and in respect of an application for the issue, renewal or restoration of a licence under a provision of the repealed Act that was pending immediately before its repeal.
A licence issued or renewed under a provision of the repealed Act pursuant to subclause (1) is taken to have been issued or renewed immediately before the repeal of the provision.
A partnership approved under section 19 of the repealed Act is taken to have been approved under section 27 of this Act.
A review pending under section 14 of the repealed Act immediately before its repeal is to continue and be determined as if the repealed Act had not been repealed.
For the purposes of the operation of this Schedule, the determination of the review is to have effect as if the review was made immediately before the repeal of section 14.
Any proceeding pending under Part 10 of the Legal Profession Act 1987 (as applying under Part 6 of the repealed Act immediately before its repeal) is to continue and be determined as if the repealed Act had not been repealed.
For the purposes of the operation of this Schedule, the determination of the proceeding is to have effect as if the proceeding was taken immediately before the repeal of Part 6.
Any records kept under or for the purposes of a provision of the repealed Act are taken to be kept under or for the purposes of the corresponding provision of this Act.
In this clause—
The repealed Act continues to apply to and in respect of a prior defalcation as if the repealed Act had not been repealed.
Any amount payable to or from the Compensation Fund under the repealed Act immediately before the commencement of this clause is payable instead to or from the Compensation Fund under this Act.
Contributions made to the Compensation Fund under the repealed Act are taken to have been made to the Compensation Fund under this Act.
Any payment under the repealed Act out of the Compensation Fund in settlement in whole or in part of a claim under the repealed Act is, for the purposes of this Act, taken to be a payment made out of the Compensation Fund under this Act in settlement in whole or in part of the claim concerned as if it were a claim under this Act.
The Director-General is taken to have approved of a licensee carrying on, or advertising or holding out that the licensee carries on, business as a licensee under a name for the purposes of this Act if, immediately before the commencement of this clause, the licensee carried on business as a licensee under that name in compliance with regulations made under section 17 of the repealed Act.
A reference in this Act to a licence cancelled under this Act includes a reference to a licence cancelled under the repealed Act.
The repealed Act continues to apply to and in respect of a receiver whose appointment under the repealed Act is in force immediately before the commencement of this clause as if the repealed Act had not been repealed.
Unless the context otherwise indicates or requires, a provision of this Act extends to any act or omission occurring before the commencement of the provision.
Anything done by the Director-General or a licensee under or for the purposes of a provision of the repealed Act is, to the extent that the thing done has effect immediately before the repeal of the provision, taken to have been done under or for the purposes of the corresponding provision of this Act.
For the purposes of section 161 (Disclosure of information) of this Act, information obtained in connection with the administration or execution of the repealed Act is taken to have been obtained in connection with the administration or execution of this Act.
In this Part—
Subject to the regulations, Part 5, as amended by the amending Act, extends to money received by a licensee, before the relevant commencement date, that was received for or on behalf of another person in connection with the licensee’s conveyancing business and is still held for or on behalf of that person at the relevant commencement date.
In this clause,
The amendments made to section 10 of this Act (Disqualified persons) by the amending Act do not apply in respect of any licence issued before the commencement of the amending Act (including a licence referred to in clause 3).
The declaration of a provision of Part 8 of this Act as a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act extends to a provision of that Part as amended by the Statute Law (Miscellaneous Provisions) Act 2008.
In this Part—
(a) starting on 18 July 2019, and
(b) ending immediately before the commencement of the amendment Act.
This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—
(a) the person was suffering financial hardship, or
(b) special circumstances existed.
The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.
To remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—
(a) a person who was suffering financial hardship—
(i) during the relevant period, or
(ii) because of events that happened during the relevant period, or
(b) special circumstances—
(i) that existed during the relevant period, or
(ii) that exist because of events that happened during the relevant period.
(Repealed)
Conveyancers Licensing Act 2003 No 3. Second reading speech made: Legislative Assembly, 30.4.2003; Legislative Council, 20.5.2003. Assented to 28.5.2003. Date of commencement, Sch 2.2 and 2.5 excepted, 15.12.2006, sec 2 (1) and GG No 175 of 8.12.2006, p 10388; date of commencement of Sch 2.2 and 2.5, 1.12.2005, sec 2 (2) and GG No 45 of 15.4.2005, p 1356. This Act has been amended by Sch 2.2 to this Act and as follows—
No 40 | Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 2.8, assent, sec 2 (2). | |
No 55 | Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 1.6, assent, sec 2 (2). | |
No 46 | Legal Profession Amendment Act 2005. Assented to 23.6.2005. Date of commencement, 1.10.2005, sec 2 and GG No 105 of 19.8.2005, p 4571. | |
No 33 | Conveyancers Licensing Amendment Act 2006. Assented to 31.5.2006. Date of commencement, assent, sec 2. | |
No 94 | Police Amendment (Miscellaneous) Act 2006. Assented to 22.11.2006. Date of commencement of Sch 3.6, 1.2.2007, sec 2 and GG No 22 of 1.2.2007, p 575. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.10, assent, sec 2 (2). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 2 and 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 62 | Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008. Date of commencement of Sch 1.5, assent, sec 2 (2). | |
No 54 | Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2010, sec 2 and 2010 (248) LW 18.6.2010. | |
No 103 | Personal Property Securities (Commonwealth Powers) Amendment Act 2009. Assented to 14.12.2009. |
Date of commencement of Sch 2.1, 13.8.2010, sec 2 (2) and 2010 (422) LW 13.8.2010. | ||
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 3, 7.1.2011, sec 2 (2). | |
No 2 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2011. Assented to 10.5.2011. Date of commencement, assent, sec 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011. Date of commencement of Schs 2.10 and 4, 8.7.2011, sec 2 (2). | |
No 44 | Business Names (Commonwealth Powers) Act 2011. Assented to 20.9.2011. Date of commencement of Sch 3, 28.5.2012, sec 2 and 2012 (209) LW 25.5.2012. | |
No 97 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2012. Assented to 26.11.2012. Date of commencement, 11.1.2013, sec 2 and 2012 (629) LW 14.12.2012. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 1.9, 5.7.2013, sec 2 (1). | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.8, 3.1.2014, sec 2 (1). | |
No 88 | Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Schs 1.4 and 2, 8.1.2015, sec 2 (1). | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 12 | Fair Trading Legislation (Repeal and Amendment) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 2, 1.10.2015, sec 2 (2) and 2015 (442) LW 31.7.2015. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 1.4, 8.7.2015, sec 2 (1). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 1.6, 8.7.2016, sec 2 (1). | |
No 60 | Regulatory and Other Legislation (Amendments and Repeals) Act 2016 No 60. Assented to 14.11.2016. Sch 2.1 was not commenced and the Act was repealed by the Fair Trading Legislation Amendment (Reform) Act 2018 No 65. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
No 25 | Electronic Transactions Legislation Amendment (Government Transactions) Act 2017. Assented to 27.6.2017. Date of commencement, assent, sec 2. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Schs 2 and 4.11, 14.1.2018, sec 2 (3). | |
No 5 | Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018. Date of commencement, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019. | |
No 65 | Fair Trading Legislation Amendment (Reform) Act 2018. Assented to 31.10.2018. Date of commencement of Sch 2.5[1]–[4] and [6], 1.7.2020, sec 2(2); Sch 2.5[5] was not commenced and was repealed by the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020 No 3; date of commencement of Sch 3.1, 1.2.2020, sec 2(2) and 2019 (634) LW 20.12.2019; date of commencement of Sch 5.1 [1] and [3]–[6], 1.7.2019, sec 2 (2) and 2019 (270) LW 28.6.2019; date of commencement of Sch 5.1 [2], 28.2.2019, sec 2 (2) and 2019 (115) LW 28.2.2019; date of commencement of Sch 9.1, assent, sec 2 (1). | |
No 3 | Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 25 | Better Regulation, Fair Trading and Other Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 53 | Better Regulation Legislation Amendment (Miscellaneous) Act 2024. Assented to 20.8.2024. Date of commencement of Sch 1.5, assent, sec 2(b). | |
No 17 | Automatic Mutual Recognition Legislation Amendment Act 2025. Assented to 2.4.2025. Date of commencement, 1.7.2025, sec 2 and 2025 (274), 20.6.2025. | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 3, assent, sec 2(e). |
Sec 3 | Am 2013 No 95, Sch 4.10 [1]; 2016 No 27, Sch 1.6 [1]; 2018 No 5, Sch 2.5[1]; 2022 No 59, Sch 3.14[1] [2]; 2024 No 25, Sch 3.1; 2025 No 48, Sch 3.3. |
Sec 4 | Am 2005 No 46, Sch 11.3 [1]; 2015 No 7, Sch 2.6 [1]. |
Sec 5A | Ins 2025 No 17, Sch 1[1]. |
Sec 5B | Ins 2025 No 17, Sch 1[1]. |
Sec 6 | Am 2005 No 46, Sch 11.3 [2] [3]; 2006 No 33, Sch 1 [1]. |
Sec 7 | Am 2005 No 46, Sch 11.3 [4]; 2015 No 7, Sch 2.6 [1]. |
Sec 8 | Am 2006 No 33, Sch 1 [2]; 2025 No 17, Sch 1[2] [3]. |
Sec 9 | Am 2006 No 33, Sch 1 [3]; 2010 No 119, Sch 3.2. |
Sec 10 | Am 2005 No 46, Sch 11.3 [5] [6]; 2006 No 33, Sch 1 [4]–[11]; 2007 No 27, Sch 1.10 [1]–[3]; 2010 No 119, Sch 3.2; 2015 No 7, Sch 2.6 [2]; 2018 No 5, Sch 2.5[1]; 2018 No 65, Schs 3.1, 5.1 [1]; 2022 No 59, Sch 2.9[1]–[3]. |
Sec 11 | Am 2006 No 33, Sch 1 [12]; 2009 No 103, Sch 2.1; 2018 No 65, Sch 2.5[1] [2]; 2024 No 53, Sch 1.5. |
Sec 12 | Subst 2025 No 17, Sch 1[4]. |
Sec 15 | Am 2013 No 111, Sch 3.8. |
Sec 17 | Am 2006 No 33, Sch 1 [13]; 2016 No 27, Sch 1.6 [2]. Subst 2018 No 65, Sch 2.5[3]. |
Sec 18 | Rep 2006 No 33, Sch 1 [14]. Ins 2018 No 65, Sch 2.5[4]. |
Sec 19 | Am 2011 No 44, Sch 3.4; 2015 No 15, Sch 1.4 [1] [2]. |
Sec 27 | Am 2005 No 46, Sch 11.3 [7] [8]; 2006 No 33, Sch 1 [15]; 2015 No 7, Sch 2.6 [1]; 2018 No 5, Sch 2.5[1]; 2025 No 17, Sch 1[5]. |
Sec 29 | Am 2013 No 95, Sch 2.40 [1]. |
Sec 31 | Am 2018 No 65, Sch 5.1 [2]. |
Sec 34 | Am 2014 No 88, Sch 2.10. Rep 2018 No 65, Sch 9.1 [1]. |
Sec 35 | Am 2006 No 33, Sch 1 [16]; 2017 No 63, Sch 2.1. |
Sec 43 | Am 2013 No 95, Sch 4.10 [2]. |
Sec 44 | Am 2013 No 95, Sch 4.10 [3] [4]. |
Sec 47 | Am 2013 No 95, Sch 4.10 [5]. |
Sec 48 | Am 2013 No 95, Sch 4.10 [6]. |
Sec 49 | Am 2013 No 95, Sch 4.10 [7]. |
Sec 50 | Am 2013 No 95, Sch 4.10 [8]. |
Sec 51 | Am 2015 No 12, Sch 2.2. |
Part 5, heading | Am 2006 No 33, Sch 1 [17]. |
Part 5, Div 1 (sec 52) | Subst 2006 No 33, Sch 1 [18]. |
Part 5, Div 2 | Subst 2006 No 33, Sch 1 [18]. |
Sec 53 | Am 2004 No 55, Sch 1.6. Subst 2006 No 33, Sch 1 [18]. |
Sec 54 | Subst 2006 No 33, Sch 1 [18]. Am 2018 No 5, Sch 2.5[1]. |
Secs 55, 56 | Subst 2006 No 33, Sch 1 [18]. |
Sec 57 | Subst 2006 No 33, Sch 1 [18]. Am 2018 No 5, Sch 2.5[1]. |
Part 5, Div 4 | Subst 2006 No 33, Sch 1 [19]. |
Secs 62, 63 | Subst 2006 No 33, Sch 1 [19]. |
Sec 64 | Subst 2006 No 33, Sch 1 [19]. Am 2017 No 25, Sch 1.10 [1]–[3]; 2017 No 63, Sch 4.11. |
Sec 65 | Subst 2006 No 33, Sch 1 [19]. |
Part 5, Div 5, heading | Am 2006 No 33, Sch 1 [20]. |
Sec 66 | Am 2006 No 33, Sch 1 [21]. |
Sec 71 | Am 2006 No 33, Sch 1 [22]. |
Sec 75 | Am 2006 No 33, Sch 1 [23]; 2018 No 65, Sch 5.1 [3] [4]. |
Sec 77 | Am 2017 No 25, Sch 2.2 [1] [2]. |
Sec 79 | Am 2014 No 88, Sch 1.4. |
Sec 80 | Am 2006 No 33, Sch 1 [24]; 2016 No 27, Sch 1.6 [4]; 2017 No 25, Sch 4.1; 2018 No 65, Sch 5.1 [5] [6]; 2023 No 7, Sch 1.4[1]. |
Sec 80A | Ins 2023 No 7, Sch 1.4[2]. |
Part 7, heading | Subst 2025 No 17, Sch 1[6]. |
Sec 87 | Am 2018 No 5, Sch 2.5[2]. |
Sec 88 | Am 2018 No 5, Sch 2.5[3]. |
Sec 89 | Am 2018 No 5, Sch 2.5[3]. Subst 2025 No 17, Sch 1[7]. |
Sec 91 | Am 2003 No 40, Sch 2.8; 2010 No 19, Sch 3.23 [1] [2]. |
Sec 93 | Am 2018 No 5, Sch 2.5[1]. |
Sec 94 | Am 2005 No 46, Sch 11.3 [9]. |
Sec 95 | Am 2008 No 62, Sch 1.5 [1] [2]. |
Sec 101 | Am 2006 No 33, Sch 1 [25]. |
Sec 105 | Am 2018 No 5, Sch 2.5[1]. |
Sec 110 | Am 2006 No 33, Sch 1 [26]. |
Sec 120 | Am 2005 No 46, Sch 11.3 [10]. |
Sec 132 | Am 2018 No 65, Sch 9.1 [2] [3]; 2025 No 17, Sch 1[8]. |
Sec 137 | Am 2011 No 27, Sch 2.10. |
Sec 141 | Am 2013 No 95, Sch 2.40 [2]. |
Sec 144 | Am 2016 No 27, Sch 1.6 [4]. |
Sec 145 | Am 2016 No 27, Sch 1.6 [5] [6]. |
Sec 150 | Am 2003 No 3, Sch 2.2 [1]–[5]. |
Sec 155 | Am 2012 No 97, Sch 1.6 [1]. |
Sec 157 | Am 2007 No 94, Schs 2, 4. |
Sec 158 | Subst 2017 No 22, Sch 3.13. |
Sec 160 | Am 2011 No 2, Sch 1.7. Subst 2012 No 97, Sch 1.6 [2]. |
Sec 161 | Am 2006 No 94, Sch 3.6; 2009 No 54, Sch 2.12. |
Sec 164 | Am 2016 No 27, Sch 1.6 [7]. |
Sec 167 | Am 2017 No 25, Sch 1.10 [4]–[8]; 2024 No 25, Sch 6.7[1] [2]. |
Sec 170 | Rep 2011 No 27, Sch 4. |
Sec 172 | Am 2006 No 33, Sch 1 [27]; 2020 No 3, Sch 1.8[1]. |
Sch 1 | Am 2006 No 33, Sch 1 [28]–[31]; 2013 No 47, Sch 1.9; 2018 No 65, Sch 2.5[6]; 2020 No 3, Sch 1.8[2]. |
Sch 2 | Rep 2011 No 27, Sch 4. |
The whole Act (except Sch 1) | Am 2016 No 27, Sch 1.6 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively). |
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