Conveyancing Amendment Act (No. 2) 2012 (TAS)

Conveyancing Amendment Act (No. 2) 2012

An Act to amend the Conveyancing Act 2004

[Royal Assent 11 September 2012]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Conveyancing Amendment Act (No. 2) 2012 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Conveyancing Act 2004 is referred to as the Principal Act. 4Sections 15A and 15B insertedAfter section 15 of the Principal Act , the following sections are inserted in Division 3: 15AProhibition on advertising while licence suspended (1)  A person whose licence is suspended under this Act (the suspended licensee) must not, during the period of the suspension – (a) advertise or in any way represent to the public, either expressly or by implication, that he or she is a licensed conveyancer; or (b) cause or allow another person to advertise, or in any way represent to the public, either expressly or by implication, that the suspended licensee is a licensed conveyancer.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A person who employs a person whose licence is suspended under this Act must not, during the period of the employee’s suspension – (a) advertise or in any way represent to the public; or (b) cause or allow another person to advertise or in any way represent to the public – either expressly or by implication, that the employee is a licensed conveyancer.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or (b) an individual, a fine not exceeding 50 penalty units. (3)  It is a defence in proceedings for an offence under subsection (2) if the defendant establishes that, at the time the advertisement was published or the representation was made, the defendant did not know that the employee’s licence was suspended. 15BCertain undertakings to be enforceable (1)  In this section – affected person, in relation to an undertaking, means – (a) the person to whom the undertaking was given; and (b) if the person to whom the undertaking was given was acting as the agent of a principal, the principal; undertaking means a promise or guarantee, given by a conveyancer in the course of carrying on business as a conveyancer, that an act will be done, or will not be done, by the conveyancer or another person. (2)  An affected person in relation to an undertaking given by a conveyancer may, if the undertaking has not been carried out, apply to the Supreme Court or the Magistrates Court (Civil Division) for an order or orders to be made under subsection (3) in relation to the undertaking. (3)  A court to which an application is made under subsection (2) in relation to an undertaking given by a conveyancer may, if it is satisfied that the undertaking has not been carried out, make one or more of the following orders in relation to the application: (a) if the undertaking consists of a promise or guarantee by the conveyancer to do an act or to refrain from doing the act, an order that the conveyancer do the act or refrain from doing the act; (b) such orders as the court thinks fit requiring the conveyancer to do an act, or refrain from doing an act, so as to place an affected person as near as practicable in the position that the affected person would have been in if the undertaking had been carried out; (c) such orders as the court thinks fit, requiring the conveyancer to pay to an affected person, or to a client of the conveyancer, who has suffered, or is likely to suffer, loss because the undertaking has not been carried out, compensation for the loss. 5Section 46A insertedAfter section 46 of the Principal Act , the following section is inserted in Part 5: 46AOffences by bodies corporate If a body corporate commits an offence against this Act, each person concerned in the management of the body corporate is taken to have also committed the offence and may be convicted of the offence unless the person establishes that – (a) the act or omission constituting the offence took place without the person’s knowledge or consent; or (b) the person used all due diligence to prevent that act or omission by the body corporate. 6RepealThis Act is repealed on the ninetieth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 23 AUGUST 2012

Legislative Council on 28 AUGUST 2012]