Conveyancers Licensing Amendment (Fees) Regulation 2020 (NSW)

New South Wales

Conveyancers Licensing Amendment (Fees)

Regulation 2020

under the

Conveyancers Licensing Act 2003

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Conveyancers Licensing Act 2003.

KEVIN ANDERSON, MP

Minister for Better Regulation and Innovation

Explanatory note

The object of this Regulation is to amend the Conveyancers Licensing Regulation 2015 to—

(a) provide for the partial refund of certain application fees payable for licences under the Conveyancers

Licensing Act 2003 in particular circumstances, and

(b) prescribe the fees payable for the grant, renewal, restoration and replacement of a licence issued under the Conveyancers Licensing Act 2003.

This Regulation is made under the Conveyancers Licensing Act 2003, including sections 11(5), 12, 18(4)(b) and 172 (the general regulation-making power).

Conveyancers Licensing Amendment (Fees) Regulation 2020 [NSW]

Conveyancers Licensing Amendment (Fees) Regulation 2020

under the

Conveyancers Licensing Act 2003

1      Name of Regulation

This Regulation is the Conveyancers Licensing Amendment (Fees) Regulation 2020.

2      Commencement

This Regulation commences on 1 July 2020 and is required to be published on the
NSW legislation website.

Conveyancers Licensing Amendment (Fees) Regulation 2020 [NSW]

Schedule 1 Amendment of Conveyancers Licensing Regulation 2015

Schedule 1 Amendment of Conveyancers Licensing
Regulation 2015

[1]      Clause 5 Fees for licence

Omit “Certain of the” from clause 5(1). Insert instead “The application”.

[2]      Clause 5(2)

Omit the subclause.

[3]      Clause 5(4)–(6)

Insert after clause 5(3)—

(4)	The total application fee is set out in Column 4 of Part 1 of Schedule 2.
(5)	In addition to the total application fee, an applicant for a licence is liable to pay the contribution to, and any levy for, the Compensation Fund required under section 168 or 169 of the Property and Stock Agents Act 2002.
Note. See section 89 of the Conveyancers Licensing Act 2003.
(6)	An applicant for a licence under the Act is liable to pay the same contribution to the Compensation Fund as an applicant for a class 1 licence under the
Property and Stock Agents Act 2002.

[4]      Clauses 9, 34(1)(l) and 35(d)

Omit “Property, Stock and Business Agents Act 2002” wherever occurring.

Insert instead “Property and Stock Agents Act 2002”.

[5]      Clause 37B

Insert after clause 37A—

37B Partial refund of application fees for certain licences

(1)

This clause applies to an application fee for a licence with a term of 3 years or
5 years, paid by or on behalf of a person who—

(a)	has requested the licence be cancelled under the Act, or
(b)	if the fee was paid by or on behalf of an individual—has died.

(2)

A person may apply to the Secretary for a refund of the application fee if the
person—

(a)	paid the application fee, or
(b)	is applying for or on behalf of the person who paid the application fee, or
(c)	is the legal representative of a deceased individual who paid the application fee.

(3)

A person is not entitled to make an application under this clause if the licence
was suspended or cancelled as a result of disciplinary action.

(4)

A person who makes an application under subclause (2) is—

(a) for a licence with a term of 3 years—entitled to a refund of one-third of the fixed component of the application fee paid for each complete year remaining for the licence, or

Conveyancers Licensing Amendment (Fees) Regulation 2020 [NSW]

Schedule 1 Amendment of Conveyancers Licensing Regulation 2015

(b)

for a licence with a term of 5 years—entitled to a refund of one-fifth of the fixed component of the application fee paid for each complete year remaining for the licence.

(5)

In this clause—

application fee means the following—

(a)	an application fee for the grant of a licence,
(b)	an application fee for the renewal of a licence,
(c)	an application fee for the restoration of a licence.

fixed component, of an application fee, is the amount set out in Column 2 of

Part 1 of Schedule 2 in relation to the fee.

[6]      Schedule 2 Fees

Omit Part 1. Insert instead—

Part 1 Fees payable

Item Column 1 Column 2 Column 3 Column 4

Type of fee	Fixed	Processing	Total
component	component	(in fee units)
(in fee units)	(in fee units)

1            Application for grant of licence—

(a)	for 1 year	2.33	2.13	4.46
(b)	for 3 years	6.99	2.13	9.12
(c)	for 5 years	11.65	2.13	13.78

2            Application for renewal of licence—

(a)	for 1 year	2.33	0.69	3.02
(b)	for 3 years	6.99	0.69	7.68
(c)	for 5 years	11.65	0.69	12.34

3

Application for restoration of
licence—

(a)	for 1 year	2.33	1.42	3.75
(b)	for 3 years	6.99	1.42	8.41
(c)	for 5 years	11.65	1.42	13.07

4

Application for replacement of licence Nil 0.46 0.46

Note. In addition to the application fee prescribed by this Regulation, section 89 of the Conveyancers

Licensing Act 2003 provides that an applicant for a licence is liable to pay the contribution to, and any
levy for, the Compensation Fund required under section 168 or 169 of the Property and Stock Agents
Act 2002. See clause 5(5) and (6) of this Regulation for the contribution to, and any levy for, the
Compensation Fund payable by an applicant for a licence.