Conveyancers Licensing Amendment (Rules of Conduct) Regulation 2014 (NSW)

New South Wales

Conveyancers Licensing Amendment (Rules

of Conduct) Regulation 2014

under the

Conveyancers Licensing Act 2003

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

Regulation under the Conveyancers Licensing Act 2003.

MATTHEW MASON-COX, MLC

Minister for Fair Trading

Explanatory note

The object of this Regulation is to add to the rules of conduct that are required to be observed in the conduct of a conveyancing business or the exercise of functions under a licence under the Conveyancers Licensing Act 2003. The new rules provide that a licensee must honour undertakings and must not seek an undertaking from certain persons that would require the co-operation of a third party who is not party to the undertaking. This Regulation is made under the Conveyancers Licensing Act 2003, including sections 22 (Rules of conduct for licensee’s business) and 172 (the general regulation-making power).

Conveyancers Licensing Amendment (Rules of Conduct) Regulation 2014 [NSW]

Conveyancers Licensing Amendment (Rules of Conduct)

Regulation 2014

under the

Conveyancers Licensing Act 2003

1      Name of Regulation

This Regulation is the Conveyancers Licensing Amendment (Rules of Conduct)
Regulation 2014.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3 Amendment of Conveyancers Licensing Regulation 2006

Schedule 3 Rules of conduct

Insert after clause 23:

24      Honouring undertakings

(1)	A licensee who gives an undertaking in the course of conveyancing work must honour that undertaking and ensure timely and effective performance of the undertaking, unless released by the recipient or by the Director-General.
(2)	A licensee must not seek from another licensee or solicitor, or that licensee or solicitor’s employee, associate or agent, any undertaking in respect of a matter that would require the co-operation of a third party who is not party to the undertaking.