Conveyancers Licensing Act 2003 (NSW)

Conveyancers Licensing Act 2003 No 3

An Act to provide for the licensing and regulation of conveyancers, to repeal the Conveyancers Licensing Act 1995; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Conveyancers Licensing Act 2003.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). (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.

3 Definitions In this Act— authorised officer has the meaning given in Part 10 (Enforcement). business day means a day that is not— (a) a Saturday or Sunday, or (b) a public holiday or bank holiday throughout the State. Compensation Fund or Fund means the Property Services Compensation Fund established and maintained under the Property and Stock Agents Act 2002. conveyancer means a person who carries out conveyancing work. conveyancing business means any business in the course of which conveyancing work is carried out for fee or reward, whether or not the carrying out of conveyancing work is the sole or dominant purpose of the business. conveyancing work has the meaning given to it by section 4. Corporations Act means the Corporations Act 2001 of the Commonwealth. costs includes fees, charges, disbursements, expenses and remuneration. Department means the Department of Customer Service. disqualified person has the meaning given to it by section 10. employee includes any person employed whether on salary, wages, bonus, fees, allowance or other remuneration and includes a director or member of the governing body of a corporation. exercise a function includes perform a duty. firm of licensees includes any licensees who share remuneration as licensees, whether or not on the same basis for each of them. function includes a power, authority or duty. licence means a licence under this Act. licensee means the holder of a licence under this Act. licensee's records has the meaning given in Part 6 (Records). money includes an instrument for the payment of money in any case where the instrument may be paid into a bank or other deposit-taking institution. money received for or on behalf of any person includes money held for or on behalf of any person, whether originally received for or on behalf of the person or not. public holiday means a day appointed under the Public Holidays Act 2010 or another Act as a public holiday. records includes books, accounts and other documents. Secretary means— (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. Statutory Interest Account means the Property Services Statutory Interest Account referred to in Part 11 of the Property and Stock Agents Act 2002. Tribunal means the Civil and Administrative Tribunal. trust account means a trust account required to be kept under this Act.