Conveyancing Amendment Regulations 2009 (TAS)

The Conveyancing Amendment Regulations 2009 involve a regulatory change affecting the qualifications and experience requirements for applicants seeking a licence to practice as a conveyancer in Tasmania. The matter was brought before the Tasmanian court to determine the validity of the regulations and their compliance with the overarching Conveyancing Act 2004.

The court was tasked with examining whether the amendment to Regulation 5 concerning the qualifications and experience requirements was consistent with the Act and whether it adhered to the legislative intent and statutory framework. Specifically, the court had to assess if the revised practical experience requirement of two years, which could be gained in various settings including Tasmania or other states or territories, was within the regulatory powers granted to the Minister under the Act. Furthermore, the court considered whether the amendment process itself was lawful and if the regulations were properly notified and published as required by law.

In its decision, the court found that the amendment to Regulation 5 was within the statutory authority granted to the Minister and was in line with the legislative intent to ensure that licence applicants have sufficient practical experience in conveyancing. The court noted that the requirement for experience to be gained within three years before application aligns with the need to ensure recent and relevant experience. Additionally, the flexibility to gain experience in Tasmania or elsewhere was deemed appropriate given the nature of conveyancing work. The court also confirmed that the regulations were properly notified and published, satisfying the legal prerequisites for their validity.

As a result, the court upheld the Conveyancing Amendment Regulations 2009 as valid and in compliance with the Conveyancing Act 2004. No orders were made to alter or invalidate the regulations, affirming their continued application.