Conveyancers Act 1994 (SA)

South Australia Conveyancers Act 1994 An Act to regulate conveyancers; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Commissioner to be responsible for administration of Act Part 2—Registration of conveyancers 5 Conveyancers to be registered 6 Application for registration 7 Entitlement to be registered 7A Reviews 8 Duration of registration and annual fee and return 9 Requirements for professional indemnity insurance Part 2A—Cancellation, suspension or variation of registration 9AA Commissioner may cancel, suspend or impose conditions on registration Part 3—Provisions regulating incorporated conveyancers 9A Company conveyancer's business to be properly managed and supervised 9B Improper directions etc relating to conveyancing 10 Non-compliance with constitution 11 Alteration of constitution 13 Joint and several liability Part 4—Trust accounts and indemnity fund Division 1—Preliminary 14 Interpretation of Part 4 Division 2—Trust accounts 15 Trust money to be deposited in trust account 16 Withdrawal of money from trust account 17 Payment of interest on trust accounts to Commissioner 18 Appointment of administrator of trust account 19 Appointment of temporary manager 20 Powers of administrator or temporary manager 21 Term of appointment of administrator or temporary manager 22 Review of appointment of administrator or temporary manager 23 Keeping of records 24 Audit of trust accounts 25 Appointment of examiner 26 Obtaining information for purposes of audit or examination 27 ADIs etc to report deficiencies in trust accounts 28 Confidentiality 29 ADIs etc not affected by notice of trust 30 Failing to comply with requirement of administrators etc Division 3—Indemnity fund 31 Indemnity fund 32 Claims on indemnity fund 33 Limitation of claims 34 Establishment and determination of claims 35 Claims by conveyancers 36 Personal representative may make claim 37 Review of Commissioner's determination 38 Determination, evidence and burden of proof 39 Claimant's entitlement to compensation and interest 40 Rights of Commissioner 41 Insurance in respect of claims against indemnity fund 42 Insufficiency of indemnity fund 43 Accounts and audit Part 5—Discipline 44 Interpretation of Part 5 45 Cause for disciplinary action 46 Complaints 47 Hearing by Tribunal 48 Participation of assessors in disciplinary proceedings 49 Disciplinary action 50 Contravention of orders Part 6—Miscellaneous 51 Delegations 52 Agreement with professional organisation 53 Exemptions 54 Register of conveyancers 55 Commissioner and proceedings before Tribunal 56 False or misleading information 57 Statutory declaration 58 Investigations 59 General defence 60 Liability for act or default of officer, employee or agent 62 Continuing offence 63 Prosecutions 64 Evidence 65 Service of documents 66 Annual report 67 Regulations Schedule 2—Transitional provisions 1 General 2 Mortgage financiers 3 Special provisions relating to Growden Investments Legislative history