{"id":"conveyancers-act-1994","name":"Conveyancers Act 1994","slug":"conveyancers-act-1994","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31825,"registerId":"sa-conveyancers-act-1994-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Conveyancers Act 1994","content":"South Australia\nConveyancers Act 1994\nAn Act to regulate conveyancers; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tCommissioner to be responsible for administration of Act\nPart 2—Registration of conveyancers\n5\tConveyancers to be registered\n6\tApplication for registration\n7\tEntitlement to be registered\n7A\tReviews\n8\tDuration of registration and annual fee and return\n9\tRequirements for professional indemnity insurance\nPart 2A—Cancellation, suspension or variation of registration\n9AA\tCommissioner may cancel, suspend or impose conditions on registration\nPart 3—Provisions regulating incorporated conveyancers\n9A\tCompany conveyancer's business to be properly managed and supervised\n9B\tImproper directions etc relating to conveyancing\n10\tNon-compliance with constitution\n11\tAlteration of constitution\n13\tJoint and several liability\nPart 4—Trust accounts and indemnity fund\nDivision 1—Preliminary\n14\tInterpretation of Part 4\nDivision 2—Trust accounts\n15\tTrust money to be deposited in trust account\n16\tWithdrawal of money from trust account\n17\tPayment of interest on trust accounts to Commissioner\n18\tAppointment of administrator of trust account\n19\tAppointment of temporary manager\n20\tPowers of administrator or temporary manager\n21\tTerm of appointment of administrator or temporary manager\n22\tReview of appointment of administrator or temporary manager\n23\tKeeping of records\n24\tAudit of trust accounts\n25\tAppointment of examiner\n26\tObtaining information for purposes of audit or examination\n27\tADIs etc to report deficiencies in trust accounts\n28\tConfidentiality\n29\tADIs etc not affected by notice of trust\n30\tFailing to comply with requirement of administrators etc\nDivision 3—Indemnity fund\n31\tIndemnity fund\n32\tClaims on indemnity fund\n33\tLimitation of claims\n34\tEstablishment and determination of claims\n35\tClaims by conveyancers\n36\tPersonal representative may make claim\n37\tReview of Commissioner's determination\n38\tDetermination, evidence and burden of proof\n39\tClaimant's entitlement to compensation and interest\n40\tRights of Commissioner\n41\tInsurance in respect of claims against indemnity fund\n42\tInsufficiency of indemnity fund\n43\tAccounts and audit\nPart 5—Discipline\n44\tInterpretation of Part 5\n45\tCause for disciplinary action\n46\tComplaints\n47\tHearing by Tribunal\n48\tParticipation of assessors in disciplinary proceedings\n49\tDisciplinary action\n50\tContravention of orders\nPart 6—Miscellaneous\n51\tDelegations\n52\tAgreement with professional organisation\n53\tExemptions\n54\tRegister of conveyancers\n55\tCommissioner and proceedings before Tribunal\n56\tFalse or misleading information\n57\tStatutory declaration\n58\tInvestigations\n59\tGeneral defence\n60\tLiability for act or default of officer, employee or agent\n62\tContinuing offence\n63\tProsecutions\n64\tEvidence\n65\tService of documents\n66\tAnnual report\n67\tRegulations\nSchedule 2—Transitional provisions\n1\tGeneral\n2\tMortgage financiers\n3\tSpecial provisions relating to Growden Investments\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Conveyancers Act 1994.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nclose associate—see subsection (2);\nCommissioner means the Commissioner for Consumer Affairs;\nconveyancer means a person, other than a legal practitioner, who carries on a business that consists of or involves the preparation of conveyancing instruments for fee or reward;\nconveyancing instrument means an instrument as defined in the Real Property Act 1886;\ndirector of a company includes—\n\t(a)\ta person occupying or acting in the position of director of the company, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and\n\t(b)\tany person in accordance with whose directions or instructions the directors of the company are accustomed to act;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nindemnity fund means the indemnity fund maintained under Part 3 of the Land Agents Act 1994;\nland includes an interest in land;\nlegal practitioner has the same meaning as in the Legal Practitioners Act 1981;\nmoney includes an instrument for the payment of money that may be negotiated by an ADI;\nmortgage means a legal or equitable mortgage over land;\nmortgage financing means negotiating or arranging loans secured by mortgage including receiving or dealing with payments under such transactions;\nprescribed relative, in relation to a person, means a spouse, domestic partner, parent, child or grandchild of the person;\nspouse—a person is the spouse of another if they are legally married;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tSubject to subsection (3), 2 persons are close associates if—\n\t(a)\tthey are in partnership; or\n\t(b)\tthey are related bodies corporate (within the meaning of the Corporations Act 2001 of the Commonwealth); or\n\t(c)\tone is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or\n\t(d)\tone is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or\n\t(e)\tone is a body corporate whose shares are quoted on a prescribed financial market and the other is a substantial shareholder (within the meaning of the Corporations Act 2001 of the Commonwealth) in the body corporate; or\n\t(f)\tone has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or\n\t(g)\tone is in a position to exercise control or significant influence over the conduct of the other; or\n\t(h)\tthey fall within a class of persons prescribed by the regulations for the purposes of this subsection; or\n\t(i)\ta chain of relationships can be traced between them under any one or more of the above paragraphs.\n\t(3)\tThe Governor may, by regulation, exclude classes of persons from the ambit of subsection (2).\n\t(4)\tIn subsection (2)—\nprescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth.\n4—Commissioner to be responsible for administration of Act\nThe Commissioner is responsible, subject to the control and directions of the Minister, for the administration of this Act.\nPart 2—Registration of conveyancers\n5—Conveyancers to be registered\nA person must not carry on business, or hold himself or herself out, as a conveyancer unless registered under this Act.\nMaximum penalty: \n\t(a)\tfor an offence committed by a natural person—\n\t(i)\tfor a first or second offence—$50 000; or\n\t(ii)\tfor a third or subsequent offence—$50 000 or 12 months imprisonment or both; or\n\t(b)\tfor an offence committed by a body corporate—$250 000.\n6—Application for registration\n\t(1)\tAn application for registration must—\n\t(a)\tbe made to the Commissioner in the manner and form approved by the Commissioner; and\n\t(b)\tbe accompanied by the fee fixed by regulation.\n\t(2)\tAn applicant for registration must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant and any other information required by the Commissioner for the purposes of determining the application.\n\t(3)\tIf an applicant for registration has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty.\n\t(4)\tThe Commissioner may, by notice in writing, require an applicant for registration, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction.\n\t(5)\tIf the applicant fails to comply with the notice under subsection (4), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application.\n7—Entitlement to be registered\n\t(1)\tA natural person is entitled to be registered as a conveyancer if the person—\n\t(a)\thas—\n\t(i)\tthe qualifications required by regulation; or\n\t(ii)\tsubject to the regulations, the qualifications that the Commissioner considers appropriate; and\n\t(b)\thas not—\n\t(i)\tbeen convicted of an indictable offence of dishonesty; or\n\t(ii)\tduring the period of 10 years preceding the application for registration, been convicted of a summary offence of dishonesty; and\n\t(c)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and\n\t(d)\tis not an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and\n\t(e)\thas not, during the period of five years preceding the application for registration, been a director of a body corporate wound up for the benefit of creditors—\n\t(i)\twhen the body was being so wound up; or\n\t(ii)\twithin the period of six months preceding the commencement of the winding up; and\n\t(f)\tis a fit and proper person to be registered as a conveyancer.\n\t(2)\tSubject to subsection (3), a company is entitled to be registered as a conveyancer if—\n\t(a)\tthe company—\n\t(i)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and\n\t(ii)\tis not being wound up and is not under official management or in receivership; and\n\t(ab)\tno director of the company is a prescribed person; and\n\t(b)\tno director of the company—\n\t(i)\thas—\n\t(A)\tbeen convicted of an indictable offence of dishonesty; or\n\t(B)\tduring the period of 10 years preceding the application for registration, been convicted of a summary offence of dishonesty; or\n\t(ii)\tis suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; or\n\t(iii)\thas, during the period of five years preceding the application for registration, been a director of a body corporate wound up for the benefit of creditors—\n\t(A)\twhen the body was being so wound up; or\n\t(B)\twithin the period of six months preceding the commencement of the winding up; and\n\t(c)\teach director of the company is a fit and proper person to be the director of a company that is registered as a conveyancer.\n\t(3)\tA company is not entitled to be registered as a conveyancer unless the constitution of the company contains stipulations so that—\n\t(a)\tthe sole object of the company must be to carry on business as a conveyancer; and\n\t(b)\tthe majority of the directors of the company must be natural persons who are registered conveyancers (but where there are only 2 directors 1 may be a registered conveyancer and the other may be a person who is not a registered conveyancer and nothing in this paragraph prevents a constitution providing that all directors of a company must be registered conveyancers); and\n\t(c)\tno director of the company may be a prescribed person; and\n\t(d)\tthe majority of voting rights exercisable at a meeting of the members of the company must be held by registered conveyancers who are directors or employees of the company (but nothing in this paragraph prevents a constitution providing that all such rights must be held by registered conveyancers); and\n\t(e)\tno share in the capital of the company, and no rights to participate in distribution of profits of the company, may be owned beneficially by a prescribed person.\n\t(4)\tFor the purposes of this section, a person is a prescribed person if the person is—\n\t(a)\ta land agent; or\n\t(b)\ta financier; or\n\t(c)\ta close associate of a land agent or financier,\nother than where the land agent, financier or close associate is also—\n\t(d)\ta registered conveyancer; or\n\t(e)\ta prescribed relative of a registered conveyancer who is a director of the particular company seeking registration under this section.\n\t(5)\tIn this section—\nfinancier means a person who carries on a business that consists of or involves—\n\t(a)\tmortgage financing; or\n\t(b)\tlending money for the purchase of land;\nland agent means an agent or a sales representative within the meaning of the Land Agents Act 1994.\n7A—Reviews\n\t(1)\tA person whose application for registration has been refused by the Commissioner may seek a review of the Commissioner's decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tSubject to subsection (4), an application for review may be made to the Tribunal within 1 month after the making of the Commissioner's decision.\n\t(3)\tThe Commissioner must, if so required by the person, state in writing the reasons for the Commissioner's decision.\n\t(4)\tIf the reasons are not given in writing at the time of the making of the Commissioner's decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\n8—Duration of registration and annual fee and return\n\t(1)\tRegistration remains in force (except for any period for which it is suspended) until—\n\t(a)\tthe registration is surrendered or cancelled; or\n\t(b)\tthe registered conveyancer dies or, in the case of a registered company, is dissolved.\n\t(2)\tA registered conveyancer must, each year not later than the date fixed by regulation—\n\t(a)\tpay to the Commissioner the fee fixed by regulation; and\n\t(b)\tlodge with the Commissioner a return in the manner and form required by the Commissioner.\n\t(3)\tWhere a registered conveyancer fails to pay the annual fee or lodge the annual return in accordance with subsection (2), the Commissioner may, by notice in writing, require the conveyancer to make good the default.\n\t(4)\tWhere the conveyancer fails to comply with the notice within 28 days after service of the notice, the conveyancer's registration is cancelled.\n\t(5)\tThe Commissioner must notify the conveyancer in writing of the cancellation of the conveyancer's registration.\n\t(6)\tA registered conveyancer may surrender registration.\n\t(7)\tIn this section—\nregistered conveyancer includes a registered conveyancer whose registration has been suspended.\n9—Requirements for professional indemnity insurance\n\t(1)\tA person must, at all times when carrying on business as a conveyancer, be insured in accordance with the regulations.\n\t(2)\tA conveyancer's registration is suspended for any period for which the conveyancer is not insured as required under subsection (1).\nPart 2A—Cancellation, suspension or variation of registration\n9AA—Commissioner may cancel, suspend or impose conditions on registration\n\t(1)\tIf the Commissioner is satisfied that events have occurred such that a registered conveyancer would not be entitled to be so registered if the person were to apply for registration, the Commissioner may, by notice served on the person—\n\t(a)\tcancel the registration; or\n\t(b)\tsuspend the registration for a specified period or until the fulfilment of stipulated conditions; or\n\t(c)\timpose conditions on the registration.\n\t(2)\tIf the Commissioner is satisfied that the facts and circumstances that gave rise to the imposition of conditions on a registration under this section have altered, the Commissioner may, by further notice specifying the date of termination, terminate the imposition of the conditions.\n\t(3)\tIf, during the suspension of a registration under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have altered, the Commissioner may, by further notice specifying the date of termination, terminate the suspension and restore the registration to the person (either in the form in which it existed prior to the suspension or subject to new conditions).\n\t(4)\tA person whose registration is cancelled, suspended or made subject to conditions under this section may seek a review by the Tribunal, under section 34 of the South Australian Civil and Administrative Tribunal Act 2013, of the decision of the Commissioner to cancel or suspend the registration or to impose the conditions.\n\t(5)\tSubject to subsection (7), an application for review may be made to the Tribunal within 1 month after the making of the relevant decision.\n\t(6)\tThe Commissioner must, if so required by the person, state in writing the reasons for the Commissioner's decision.\n\t(7)\tIf the reasons of the Commissioner are not given in writing at the time of the making of the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\n\t(9)\tThis section applies in relation to conduct occurring before or after the commencement of this section.\nPart 3—Provisions regulating incorporated conveyancers\n9A—Company conveyancer's business to be properly managed and supervised\nA company that is a registered conveyancer must ensure that the company's business as a conveyancer is properly managed and supervised by a registered conveyancer who is a natural person.\nMaximum penalty: $20 000.\n9B—Improper directions etc relating to conveyancing\nIf a director or manager of a company that is a registered conveyancer directs or incites a registered conveyancer or other person employed by the company to act unlawfully, improperly, negligently or unfairly in the course of managing or supervising, or being employed or otherwise engaged in, the company's business as a conveyancer, the company and the director or manager are each guilty of an offence.\nMaximum penalty: $20 000.\n10—Non-compliance with constitution\nWhere one or more of the stipulations required by Part 2 to be included in the constitution of a company registered as a conveyancer are not complied with, the company is guilty of an offence.\nMaximum penalty: $20 000.\n11—Alteration of constitution\nA company that is registered as a conveyancer must not alter its constitution so that the constitution ceases to conform to the requirements of Part 2 for registration of a company as a conveyancer.\nMaximum penalty: $20 000.\n13—Joint and several liability\nDespite any other Act or law, a civil liability incurred by a company that is a registered conveyancer is enforceable jointly and severally against the company and the persons who were directors of the company at the time the liability was incurred.\nPart 4—Trust accounts and indemnity fund\nDivision 1—Preliminary\n14—Interpretation of Part 4\n\t(1)\tIn this Part, unless the contrary intention appears—\nauditor means a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth;\nfiduciary default means a defalcation, misappropriation or misapplication of trust money occurring while the money is in the possession or control of—\n\t(a)\ta conveyancer; or\n\t(b)\ta firm of which a conveyancer is a member;\nrecord includes information kept by computer, microfilm or other process;\ntrust account means an account in which trust money is required to be deposited by a conveyancer;\ntrust money, in relation to a conveyancer, means money—\n\t(a)\tthat is received by the conveyancer when acting on behalf of another in connection with a dealing with land; and\n\t(b)\tto which the conveyancer is not wholly entitled in law and in equity,\nbut does not include money received by a conveyancer in the course of mortgage financing.\n\t(2)\tA reference in this Part to a fiduciary default extends to a fiduciary default that occurred before the commencement of this Act.\nDivision 2—Trust accounts\n15—Trust money to be deposited in trust account\n\t(1)\tA conveyancer must, as soon as practicable after receiving trust money, deposit the money in an account (in the name of the conveyancer) approved by the Commissioner at an ADI.\nMaximum penalty: $20 000.\n\t(2)\tA conveyancer must not pay any other money into the conveyancer's trust account.\nMaximum penalty: $20 000.\n\t(3)\tA conveyancer must not withdraw, or permit another person to withdraw, money from a trust account except in accordance with this Part.\nMaximum penalty: $20 000.\n\t(4)\tThe Commissioner may, by notice in writing to an ADI—\n\t(a)\tapprove accounts of a particular class (being accounts that carry interest at a rate considered satisfactory by the Commissioner) for the purposes of this section; or\n\t(b)\tvary or revoke any such approval.\n16—Withdrawal of money from trust account\nA conveyancer may withdraw money from a trust account—\n\t(a)\tfor payment to the person entitled to the money or for payment in accordance with the directions of that person; or\n\t(b)\tin satisfaction of a claim for commission, fees, costs or disbursements that the conveyancer has against the person on behalf of whom the money is held; or\n\t(c)\tto satisfy an order of a court or the Tribunal against the person on behalf of whom the conveyancer is holding the money; or\n\t(d)\tfor payment into a court or the Tribunal before which proceedings have been instituted in relation to the money; or\n\t(e)\tfor the purpose of dealing with the money in accordance with the Unclaimed Moneys Act 1891; or\n\t(f)\tfor making any other payment authorised by law.\n17—Payment of interest on trust accounts to Commissioner\nInterest that an ADI is liable to pay in respect of trust money held in a trust account must be paid by the ADI to the Commissioner on the days fixed by regulation.\n18—Appointment of administrator of trust account\n\t(1)\tIf the Commissioner knows or suspects on reasonable grounds that a conveyancer—\n\t(a)\tis not registered as required by law; or\n\t(b)\thas been guilty of a fiduciary default in relation to trust money; or\n\t(c)\thas operated on the trust account in such an irregular manner as to require immediate supervision; or\n\t(d)\thas acted contrary to this Act or otherwise unlawfully or improperly or negligently in the conduct of the business; or\n\t(e)\tin the case of a natural person—\n\t(i)\tis dead or cannot be found; or\n\t(ii)\tis suffering from mental or physical incapacity preventing the conveyancer from properly attending to the conveyancer's affairs; or\n\t(f)\thas ceased to carry on business as a conveyancer; or\n\t(g)\thas become bankrupt or insolvent or has taken the benefit (as a debtor) of a law relating to bankrupt or insolvent debtors or, in the case of a company, is being wound up, is under official management or is in receivership,\nthe Commissioner may appoint a person to administer the conveyancer's trust account.\n\t(2)\tThis section applies in relation to conduct occurring before or after the commencement of this Act.\n\t(3)\tThe Commissioner must, as soon as practicable after appointing an administrator, give notice in writing of the appointment to—\n\t(a)\tthe conveyancer; and\n\t(b)\tall persons who are entitled (whether solely or jointly) to withdraw money from, or deal with money in, the account; and\n\t(c)\tthe ADI at which the account is held.\n\t(4)\tA person who has been given notice of the appointment of an administrator, or who knows that an administrator has been appointed, must not withdraw money from, or deal with money in, the trust account while the appointment continues.\nMaximum penalty: $20 000.\n\t(5)\tAn ADI that has been given notice of the appointment of an administrator must not, while the appointment continues, accept any withdrawal of, or dealing with, money in the trust account unless the withdrawal or dealing is at the direction, or with the written approval, of the administrator.\nMaximum penalty: $20 000.\n19—Appointment of temporary manager\n\t(1)\tWhere an administrator is appointed under this Division, the Commissioner may appoint that person or some other person to be a temporary manager to transact any urgent or uncompleted business of the conveyancer.\n\t(2)\tThe Commissioner must, as soon as practicable after appointing a temporary manager, give notice in writing of the appointment to the conveyancer.\n20—Powers of administrator or temporary manager\nThe following powers may be exercised by an administrator or temporary manager:\n\t(a)\tthe administrator or manager may require any person in a position to do so—\n\t(i)\tto produce documents and records relating to the conveyancer's business including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; and\n\t(ii)\tto provide information relevant to the conveyancer's business; and\n\t(b)\tthe administrator may require any person in a position to do so to provide all authorities and orders to ADIs and others that may be reasonably required for the operation of the conveyancer's trust account; and\n\t(c)\tthe administrator or manager may take possession of documents and records forming part of the conveyancer's business and for that purpose may enter business premises of the conveyancer using such force as is reasonably necessary; and\n\t(d)\tsuch other powers as the Commissioner sets out in the instrument of appointment of the administrator or the manager.\n21—Term of appointment of administrator or temporary manager\n\t(1)\tThe appointment of an administrator or temporary manager remains in force for such period (not exceeding 12 months) as is specified in the instrument of appointment unless sooner terminated by the Commissioner or the Tribunal.\n\t(2)\tSubject to an order of the Tribunal to the contrary, the Commissioner may reappoint an administrator.\n22—Review of appointment of administrator or temporary manager\n\t(1)\tA conveyancer may, within 28 days after receiving notice of the appointment of an administrator or temporary manager, seek a review of the appointment by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n23—Keeping of records\n\t(1)\tA conveyancer must keep detailed records of all trust money received by the conveyancer and of any disbursement of, or other dealing with, that money and must compile detailed accounts of those receipts and disbursements that—\n\t(a)\taccurately disclose the state of the trust account maintained by the conveyancer; and\n\t(b)\tenable the receipt and disposition of trust money to be conveniently and properly audited; and\n\t(c)\tcomply with all other requirements specified by regulation.\nMaximum penalty: $20 000.\n\t(2)\tIn particular, the conveyancer must, in respect of the receipt of trust money—\n\t(a)\tmake available to the person making payment a receipt that sets out the information specified by regulation in the form specified by regulation; and\n\t(b)\tmake and retain a copy of the receipt as part of the conveyancer's records.\nMaximum penalty: $20 000.\n\t(3)\tA conveyancer must, at the request of a person who has an interest in trust money, provide that person with a statement setting out details of dealings by the conveyancer with the money.\nMaximum penalty: $20 000.\n\t(4)\tA conveyancer must keep the accounts and records referred to in this section or a corresponding previous enactment in a legible written form, or so as to be readily convertible into such a form, for at least five years.\nMaximum penalty: $20 000.\n24—Audit of trust accounts\n\t(1)\tSubject to this section, a conveyancer who maintains a trust account must—\n\t(a)\thave the accounts and records kept under this Division audited by an auditor in respect of each audit period specified by regulation; and\n\t(b)\tlodge with the Commissioner a statement relating to the audit that sets out the information specified by regulation.\n\t(1a)\tIf no trust money was held in a conveyancer's trust account during a particular audit period, no audit or statement is required under subsection (1) in relation to that period but the conveyancer must make and lodge with the Commissioner a declaration, in a form approved by the Commissioner, setting out the reasons for not holding any money in the trust account during that period.\n\t(2)\tA conveyancer, who did not maintain a trust account during a particular audit period, must make and lodge with the Commissioner a declaration, in a form approved by the Commissioner, setting out the reasons for not maintaining a trust account during that period.\n\t(3)\tA conveyancer who—\n\t(a)\tfails to have accounts and records audited as required; or\n\t(b)\tfails to lodge an audit statement or a declaration required under this section within the time allowed by or under the regulations,\nis guilty of an offence.\nMaximum penalty: $20 000.\n\t(4)\tWhere a conveyancer fails to lodge an audit statement or a declaration required under this section within the time allowed by or under the regulations, the Commissioner may, by notice in writing, require the conveyancer to make good the default.\n\t(5)\tWhere the conveyancer fails to comply with the notice within 28 days after service of the notice, the conveyancer's registration is cancelled.\n\t(6)\tThe Commissioner must notify the conveyancer of the cancellation of the conveyancer's registration.\n25—Appointment of examiner\n\t(1)\tThe Commissioner may, at any time, appoint a person—\n\t(a)\tto examine, either generally or in a particular case, the accounts and records kept under this Division by a conveyancer; and\n\t(b)\tto examine, either generally or in a particular case, the audit program, working papers and other documents used or prepared by an auditor in the course of auditing the trust accounts of a conveyancer; and\n\t(c)\tto confer with an auditor in relation to audits of the trust accounts of a conveyancer.\n\t(2)\tAn examiner may, and must if required by the Commissioner to do so, provide the Commissioner with a confidential report as to the state of any accounts or records subject to examination by the examiner.\n\t(3)\tThe Commissioner must, as soon as practicable, cause a copy of a report provided by an examiner to be given or sent by post to the conveyancer.\n\t(4)\tIn this section—\nconveyancer includes a former conveyancer.\n26—Obtaining information for purposes of audit or examination\n\t(1)\tAn auditor employed by a conveyancer to make an audit of the trust accounts of the conveyancer, or an examiner appointed under this Division, may require the conveyancer or any other person in a position to do so—\n\t(a)\tto produce all the accounts (including accounts that are not trust accounts) relating to the business of the conveyancer and all documents and records relating to those accounts, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; and\n\t(b)\tto provide any relevant information relating to the operation of the accounts.\n\t(2)\tThe manager or other principal officer of an ADI or other financial institution with which a conveyancer has deposited money, whether in his or her own account or in a general or separate trust account, must, on being required to do so by an auditor or examiner employed or appointed to make an audit or examination under this Division, disclose every such account (including all deposit slips, cancelled cheques and other documents relating to the operation of the account) to the auditor or examiner.\nMaximum penalty: $20 000.\n\t(3)\tA person who is required by this section to produce documents to an auditor or examiner must permit the auditor or examiner to make a copy of the whole, or any part, of those documents.\nMaximum penalty: $20 000.\n\t(4)\tIn this section—\naccount includes a record required to be kept under this Division in relation to the receipt and disposition of trust money;\nconveyancer includes a former conveyancer.\n27—ADIs etc to report deficiencies in trust accounts\nAn ADI with which a trust account has been established must, as soon as practicable, and in any event within 14 days, after becoming aware of a deficiency in that account, report the deficiency to the Commissioner.\nMaximum penalty: $20 000.\n28—Confidentiality\n\t(1)\tAn administrator, temporary manager, auditor or examiner must not divulge information that has come to his or her knowledge in the course of performing functions under this Act or a corresponding previous enactment except—\n\t(a)\tto the conveyancer; or\n\t(b)\tto the Commissioner; or\n\t(c)\tas otherwise required by law.\nMaximum penalty: $20 000.\n\t(2)\tA person engaged in the administration of this Act, must not divulge information disclosed in a report provided under this Part or a corresponding previous enactment except—\n\t(a)\tfor the purpose of confidential consideration of the report by the Minister or the Commissioner; or\n\t(b)\tas is otherwise necessary for the proper administration of this Act; or\n\t(c)\tas is otherwise permitted or required by law.\nMaximum penalty: $20 000.\n29—ADIs etc not affected by notice of trust\n\t(1)\tSubject to subsection (2), an ADI is not affected by notice of a specific trust to which money deposited in a trust account is subject, and is not bound to satisfy itself of the due application of that money.\n\t(2)\tThis section does not relieve an ADI of liability for negligence.\n30—Failing to comply with requirement of administrators etc\nA person must not—\n\t(a)\trefuse or fail to comply with a requirement of an administrator, temporary manager, auditor or examiner under this Division; or\n\t(b)\thinder, delay or obstruct an administrator, temporary manager, auditor or examiner in the performance of functions under this Division by altering or destroying relevant documents or by any other means.\nMaximum penalty: $20 000.\nDivision 3—Indemnity fund\n31—Indemnity fund\n\t(1)\tThe following money is to be paid into the indemnity fund:\n\t(a)\tinterest paid by ADIs to the Commissioner on trust accounts; and\n\t(b)\tmoney recovered by the Commissioner in relation to a fiduciary default; and\n\t(c)\tfines recovered as a result of disciplinary proceedings under Part 5; and\n\t(d)\tany other money required to be paid into the fund under this or any other Act.\n\t(2)\tMoney standing to the credit of the indemnity fund may be applied by the Commissioner for any of the following purposes:\n\t(a)\tthe costs of investigating compliance with this Act, compliance with the Land and Business (Sale and Conveyancing) Act 1994 by conveyancers or possible misconduct of conveyancers;\n\t(ab)\tthe costs of conciliating disputes relating to the activities of conveyancers;\n\t(ac)\tthe costs of disciplinary proceedings under Part 5;\n\t(b)\tthe costs of prosecutions for offences against this Act or for alleged offences by conveyancers against the Land and Business (Sale and Conveyancing) Act 1994;\n\t(c)\tcosts consequent on the appointment of an administrator, temporary manager or examiner under this Act;\n\t(d)\tthe costs of processing claims under this Division and of paying out those claims to the extent authorised by this Division;\n\t(e)\tthe costs of administering and insuring the fund;\n\t(f)\tthe payment of amounts, approved by the Minister, towards the cost of—\n\t(i)\tprescribed educational programs conducted for the benefit of conveyancers or members of the public; or\n\t(ii)\treviewing the operation of this Act or the operation of the Land and Business (Sale and Conveyancing) Act 1994 insofar as it relates to conveyancers;\n\t(g)\tany other purpose specified by or under this or any other Act.\n32—Claims on indemnity fund\n\t(1)\tA person who has suffered a pecuniary loss as a result of a fiduciary default may make a claim for compensation to the Commissioner.\n\t(2)\tThe amount of the claim cannot exceed the sum of—\n\t(a)\tthe actual pecuniary loss suffered by the claimant in consequence of the fiduciary default; and\n\t(b)\tany reasonable legal expenses incurred in taking action to recover the loss or in making the claim to the Commissioner,\nless any amount that the claimant has received or may reasonably be expected to recover (apart from this Division) in reduction of the loss.\n\t(3)\tA person is not entitled to make a claim under this Division where—\n\t(a)\tthe conveyancer by whom the fiduciary default was committed, or to whom the fiduciary default relates, was required to be registered or licensed under this Act or a corresponding previous enactment; and\n\t(b)\tthat person knew, or ought to have known, at the time of appointing or instructing the conveyancer, that the conveyancer was not so registered or licensed.\n33—Limitation of claims\n\t(1)\tThe Commissioner may, by notice published in a newspaper circulating generally throughout the State, fix a day (not earlier than three months after the publication of the notice) on or before which claims in respect of a fiduciary default, or a series of fiduciary defaults, referred to in the notice, must be made.\n\t(2)\tA claim that is not made within the time fixed by the notice is barred unless the Tribunal, on application, otherwise determines.\n\t(3)\tNo action in defamation lies in respect of the publication, in good faith, of the notice.\n34—Establishment and determination of claims\n\t(1)\tA claim for compensation must be made to the Commissioner in a manner and form determined by the Commissioner.\n\t(1a)\tThe Commissioner may require a person making a claim—\n\t(a)\tto furnish further information specified by the Commissioner;\n\t(b)\tto verify, by statutory declaration, information furnished for the purposes of making or establishing a claim.\n\t(2)\tThe Commissioner must, on receipt of a claim for compensation—\n\t(a)\tgive the claimant and the conveyancer or former conveyancer concerned notice of the claim in accordance with the regulations; and\n\t(b)\tallow the claimant and the conveyancer or former conveyancer a reasonable opportunity to appear before the Commissioner personally or by representative to make submissions as to the claim.\n\t(3)\tThe Commissioner may do any 1 or more of the following in response to the claim:\n\t(a)\trequire the claimant to take specified action to recover the loss (and postpone determination of the claim);\n\t(b)\tdetermine the claim and, if appropriate, make a payment to the claimant from the indemnity fund;\n\t(c)\trequire the claimant to make contractual undertakings as to the assistance that the claimant must give the Commissioner in any action taken by the Commissioner to recover the loss.\n\t(4)\tIn deciding whether to require the claimant to take action to recover the loss, and in deciding what action the claimant should be required to take to recover the loss, the Commissioner is to consider the size of the claim, the complexity of the case, the claimant's financial circumstances, the claimant's mental or physical health or capacity and any other factors that the Commissioner considers relevant.\n\t(5)\tThe Commissioner must—\n\t(a)\tkeep the claimant informed of the progress of the claim in accordance with the regulations; and\n\t(b)\ton making a determination on a claim, give the claimant and the conveyancer or former conveyancer written notice of the determination.\n35—Claims by conveyancers\n\t(1)\tA conveyancer who has paid compensation to a person for pecuniary loss suffered in consequence of a fiduciary default committed by a partner or employee of the conveyancer may make a claim for compensation to the Commissioner.\n\t(2)\tThe Commissioner must, on receipt of the claim, if satisfied that—\n\t(a)\tall legal or equitable claims in respect of the fiduciary default have been fully satisfied; and\n\t(b)\tthe claimant acted honestly and reasonably in all the circumstances of the case,\ndetermine the amount of compensation payable to the claimant and, by notice in writing, inform the claimant of the determination.\n\t(3)\tA person is not entitled to make a claim under this section where—\n\t(a)\tthe conveyancer by whom the fiduciary default was committed, or to whom the fiduciary default relates, was required to be registered or licensed under this Act or a corresponding previous enactment; and\n\t(b)\tthat person knew, or ought to have known, at the time of the default, that the conveyancer was not so registered or licensed.\n36—Personal representative may make claim\nThe personal representative of a claimant (including a deceased claimant) is entitled to make the claim on behalf of the claimant or the claimant's estate.\n37—Review of Commissioner's determination\n\t(1)\tThe claimant or the conveyancer or former conveyancer by whom the fiduciary default was committed or to whom the fiduciary default relates may seek a review of the Commissioner's determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(1a)\tAn application for review may be made to the Tribunal within 3 months after the person receives notice of the determination.\n\t(2)\tWhere an application for review is not made within the time allowed, the claimant's entitlement to compensation is finally determined for the purposes of this Division.\n38—Determination, evidence and burden of proof\n\t(1)\tIn determining a claim for compensation under this Division, any possible reduction to which the claimant's entitlement may be subject because of insufficiency of the indemnity fund must be disregarded.\n\t(2)\tIn determining a claim for compensation under this Division—\n\t(a)\tan admission or confession may be accepted as evidence of a fiduciary default despite the absence of the person by whom the admission or confession was made; and\n\t(b)\tquestions of fact are to be decided on the balance of probabilities.\n39—Claimant's entitlement to compensation and interest\n\t(1)\tSubject to any reduction because of insufficiency of the indemnity fund, a claimant is entitled to payment of the amount of compensation determined under this Division.\n\t(2)\tA claimant's entitlement to compensation will (to the extent to which it has not been satisfied or discharged) be increased by interest at the rate fixed by regulation from the first anniversary of the lodgment of the claim with the Commissioner until the entitlement is satisfied or discharged, but interest must not be calculated on any component of the claimant's entitlement that is attributable to interest that has already accrued under this subsection.\n40—Rights of Commissioner\n\t(1)\tWhere the Commissioner makes a payment (whether in respect of compensation or interest) to a claimant, the Commissioner is, to the extent of the payment, subrogated to the rights of the claimant against a person liable at law or in equity for the fiduciary default in respect of which the payment was made.\n\t(2)\tHowever, this section does not confer on the Commissioner any right to recover money from a person whose liability in respect of a fiduciary default does not arise from a wrongful or negligent act or omission on that person's part.\n41—Insurance in respect of claims against indemnity fund\n\t(1)\tThe Commissioner may insure the indemnity fund to such extent as the Commissioner thinks fit against claims under this Division.\n\t(2)\tThe cost of the insurance will be paid from the indemnity fund.\n42—Insufficiency of indemnity fund\n\t(1)\tWhere the indemnity fund is insufficient to pay all outstanding amounts to which claimants are entitled, the Commissioner must make proportionate reductions in the amounts paid out in respect of those entitlements.\n\t(2)\tWhere, at the time at which a claimant's entitlement to compensation is determined, other persons have made claims that have not yet been determined, the Commissioner may defer payment of the claimant's entitlement for any period (not exceeding 12 months) in order to allow time for the entitlements of those other claimants to be determined.\n\t(3)\tThe Commissioner may set aside a part of the indemnity fund as the Commissioner from time to time considers necessary to protect the interests of persons who—\n\t(a)\thave made claims against the fund that have not been determined; or\n\t(b)\tare likely to make claims against the fund in the future,\nand, when determining whether payments to claimants should be reduced, the Commissioner must not take into account a part of the fund set aside by the Commissioner.\n\t(4)\tIf, after a claimant's entitlement to compensation has been determined, the claimant recovers an amount (that was not allowed for in that determination) in respect of the pecuniary loss suffered by the claimant, the claimant's entitlement to compensation is reduced by the amount recovered.\n\t(5)\tEntitlements in respect of which payments are made under this section are discharged despite the fact that they may not have been satisfied in full.\n\t(6)\tThe Commissioner may, with the approval of the Minister, make payments to a person—\n\t(a)\twhose entitlement to compensation has been discharged; or\n\t(b)\twhose entitlement to compensation is insufficient because an amount that the person was expected to recover in respect of the pecuniary loss has not been recovered; or\n\t(c)\twhose claim is barred,\nbut a payment so made does not revive or reinstate an entitlement or claim.\n43—Accounts and audit\n\t(1)\tThe Commissioner must keep proper accounts of all money received and dealt with under this Division.\n\t(2)\tThe Auditor-General may at any time, and must at least once in every calendar year, audit those accounts.\nPart 5—Discipline\n44—Interpretation of Part 5\nIn this Part—\nconveyancer includes—\n\t(a)\ta former conveyancer; and\n\t(b)\ta person registered as a conveyancer, whether or not carrying on business as a conveyancer; and\n\t(c)\ta person formerly registered as a conveyancer;\ndirector of a company includes a former director of a company.\n45—Cause for disciplinary action\n\t(1)\tThere is proper cause for disciplinary action against a conveyancer if—\n\t(a)\tregistration of the conveyancer was improperly obtained; or\n\t(b)\tthe conveyancer has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987; or\n\t(c)\tthe conveyancer or any other person has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of conducting, or being employed or otherwise engaged in, the business of the conveyancer; or\n\t(ca)\tin the case of a conveyancer who has been employed or engaged to manage and supervise a company's business as a conveyancer—the conveyancer or any other person has acted unlawfully, improperly, negligently or unfairly in the course of managing or supervising, or being employed or otherwise engaged in, that business; or\n\t(cb)\tin the case of a conveyancer that is a company—a director or manager of the company has been convicted of an offence against section 9B; or\n\t(d)\tevents have occurred such that the conveyancer would not be entitled to be registered as a conveyancer if the conveyancer were to apply for registration.\n\t(2)\tDisciplinary action may be taken against each director of a company that is a conveyancer if there is proper cause for disciplinary action against the company.\n\t(3)\tDisciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented that act or default.\n\t(4)\tThis section applies in relation to conduct occurring before or after the commencement of this Act.\n46—Complaints\nThe Commissioner or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this Part.\n47—Hearing by Tribunal\n\t(1)\tOn the lodging of a complaint, the Tribunal may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this Part.\n\t(2)\tWithout limiting the usual powers of the Tribunal, the Tribunal may during the hearing—\n\t(a)\tallow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and\n\t(b)\tallow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Tribunal may think fit to impose.\n48—Participation of assessors in disciplinary proceedings\n\t(1)\tFor the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of—\n\t(a)\tpersons representative of conveyancers; and\n\t(b)\tpersons representative of members of the public who deal with conveyancers,\nwho have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal under this Part.\n\t(2)\tIn any proceedings under this Part, the Tribunal may, if the President so determines, sit with 1 or more assessors from the panel.\n\t(3)\tIn this section—\nPresident means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.\n49—Disciplinary action\n\t(1)\tOn the hearing of a complaint, the Tribunal may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one or more of the following:\n\t(a)\treprimand the person;\n\t(b)\timpose a fine not exceeding $20 000 on the person;\n\t(c)\tin the case of a person who is registered as a conveyancer—\n\t(ai)\timpose conditions or further conditions on the registration; or\n\t(i)\tsuspend the registration for a specified period or until the fulfilment of stipulated conditions or until further order; or\n\t(ii)\tcancel the registration;\n\t(d)\tin the case of a person whose registration is suspended—impose conditions as to the conduct of the person or the person's business as a conveyancer after the end of the period of suspension;\n\t(e)\tdisqualify the person from being registered under this Act;\n\t(f)\tprohibit the person from being employed or otherwise engaged in the business of a conveyancer;\n\t(g)\tprohibit the person from being a director of a company that is a conveyancer.\n\t(2)\tThe Tribunal may—\n\t(a)\tstipulate that a disqualification or prohibition is to apply—\n\t(i)\tpermanently; or\n\t(ii)\tfor a specified period; or\n\t(iii)\tuntil the fulfilment of stipulated conditions; or\n\t(iv)\tuntil further order;\n\t(b)\tstipulate that an order relating to a person is to have effect at a specified future time and impose conditions as to the conduct of the person or the person's business until that time.\n\t(3)\tA fine imposed under subsection (1) is payable to the Commissioner for the credit of the indemnity fund.\n\t(4)\tIf—\n\t(a)\ta person has been found guilty of an offence; and\n\t(b)\tthe circumstances of the offence form, in whole or in part, the subject matter of the complaint,\nthe person is not liable to a fine under this section in respect of conduct giving rise to the offence.\n50—Contravention of orders\n\t(1)\tIf a person contravenes or fails to comply with a condition imposed by the Tribunal as to the conduct of the person or the person's business, the person is guilty of an offence.\nMaximum penalty: $35 000 or imprisonment for 6 months.\n\t(2)\tIf a person—\n\t(a)\tis employed or otherwise engages in the business of a conveyancer; or\n\t(b)\tbecomes a director of a company that is a conveyancer,\nin contravention of an order of the Tribunal, that person and the conveyancer are each guilty of an offence.\nMaximum penalty: $35 000 or imprisonment for 6 months.\nPart 6—Miscellaneous\n51—Delegations\n\t(1)\tThe Commissioner may delegate any of the Commissioner's functions or powers under this Act—\n\t(a)\tto a person employed in the Public Service; or\n\t(b)\tto the person for the time being holding a specified position in the Public Service; or\n\t(c)\tto any other person under an agreement under this Act between the Commissioner and an organisation representing the interests of conveyancers.\n\t(2)\tThe Minister may delegate any of the Minister's functions or powers under this Act (except the power to direct the Commissioner).\n\t(3)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n52—Agreement with professional organisation\n\t(1)\tThe Commissioner may, with the approval of the Minister, make an agreement with an organisation representing the interests of conveyancers under which the organisation undertakes a specified role in the administration or enforcement of this Act.\n\t(2)\tThe agreement—\n\t(a)\tmust be in writing and executed by the Commissioner and the organisation; and\n\t(b)\tmay contain delegations by the Commissioner of functions or powers under this Act or the Fair Trading Act 1987; and\n\t(c)\tmust set out any conditions governing the performance or exercise of functions or powers conferred on the organisation; and\n\t(d)\tmust make provision for the variation and termination of the agreement by the Commissioner with the approval of the Minister or the organisation.\n\t(3)\tThe Commissioner may not delegate any of the following for the purposes of the agreement:\n\t(a)\tfunctions or powers under Part 2;\n\t(b)\tthe approval of classes of accounts at ADIs under Division 2 of Part 4;\n\t(c)\tthe appointment, reappointment or termination of appointment of a person to administer a conveyancer's trust account or of a temporary manager under Division 2 of Part 4;\n\t(d)\tfunctions or powers under Division 3 of Part 4;\n\t(e)\tpower to request the Commissioner of Police to investigate and report on matters under Part 6;\n\t(f)\tpower to commence a prosecution for an offence against this Act.\n\t(4)\tA delegation by the Commissioner for the purposes of the agreement—\n\t(a)\thas effect subject to the conditions specified in the agreement; and\n\t(b)\tmay be varied or revoked by the Commissioner in accordance with the terms of the agreement; and\n\t(c)\tdoes not prevent the Commissioner from acting in any matter.\n\t(5)\tThe Minister must, within six sitting days after the making of the agreement, cause a copy of the agreement to be laid before both Houses of Parliament.\n53—Exemptions\n\t(1)\tThe Minister may, on application by a person, exempt the person from compliance with a specified provision of this Act.\n\t(2)\tAn exemption is subject to the conditions (if any) imposed by the Minister.\n\t(3)\tThe Minister may, at his or her discretion, vary or revoke an exemption.\n\t(4)\tThe grant or a variation or revocation of an exemption must be notified in the Gazette.\n54—Register of conveyancers\n\t(1)\tThe Commissioner must keep a register of persons registered as conveyancers under this Act.\n\t(2)\tThe Commissioner must record on the register—\n\t(a)\tdisciplinary action taken against a person under this Act; and\n\t(b)\ta note of any assurance accepted by the Commissioner under the Fair Trading Act 1987 in relation to a registered conveyancer.\n\t(2a)\tIf any of the following events occur in relation to a person who is registered as a conveyancer, or is a director of a company that is registered as a conveyancer, the Commissioner may record a note of the event on the register:\n\t(a)\tthe person is convicted of an offence of dishonesty;\n\t(b)\tthe person is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth;\n\t(c)\tthe person becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth;\n\t(d)\ta body corporate is wound up for the benefit of creditors and the person was a director of the body corporate—\n\t(i)\twhen the body corporate was being so wound up; or\n\t(ii)\twithin the period of 6 months preceding the commencement of the winding up;\n\t(e)\tthe person, being a company, is being wound up or is under official management or in receivership.\n\t(3)\tA person may inspect the register on payment of the fee fixed by regulation.\n55—Commissioner and proceedings before Tribunal\n\t(1)\tThe Commissioner is entitled to be joined as a party to any proceedings of the Tribunal under this Act.\n\t(2)\tThe Commissioner may appear personally in any such proceedings or may be represented at the proceedings by counsel or a person employed in the Public Service.\n\t(3)\tSubsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013.\n56—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act.\nMaximum penalty: \n\t(a)\tIf the person made the statement knowing that it was false or misleading—$10 000.\n\t(b)\tIn any other case—$2 500.\n57—Statutory declaration\nWhere a person is required to provide information to the Commissioner, the Commissioner may require the information to be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Commissioner.\n58—Investigations\nThe Commissioner of Police must, at the request of the Commissioner, investigate and report on any matter relevant to—\n\t(a)\tthe determination of an application under this Act; or\n\t(b)\ta matter that might constitute proper cause for disciplinary action under this Act.\n59—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n60—Liability for act or default of officer, employee or agent\nFor the purposes of this Act, an act or default of an officer, employee or agent of a person carrying on a business will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority.\n62—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tWhere an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n63—Prosecutions\n\t(1)\tProceedings for an offence against this Act must be commenced—\n\t(a)\tin the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921;\n\t(b)\tin any other case—within 2 years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within 5 years of that date.\n\t(2)\tA prosecution for an offence against this Act cannot be commenced except by—\n\t(a)\tthe Commissioner; or\n\t(b)\tan authorised officer under the Fair Trading Act 1987; or\n\t(c)\ta person who has the consent of the Minister to commence the prosecution.\n\t(3)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.\n64—Evidence\nIn any proceedings, a certificate executed by the Commissioner certifying—\n\t(a)\tthat a person was or was not registered as a conveyancer on a specified date; or\n\t(b)\tas to any matter relating to the appointment of an administrator, temporary manager or examiner,\nconstitutes proof, in the absence of proof to the contrary, of the matters so certified.\n65—Service of documents\n\t(1)\tSubject to this Act, a notice or document required or authorised by this Act to be given to or served on a person may—\n\t(a)\tbe served on the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\twhere the person is a registered conveyancer—at the person's address for service; or\n\t(c)\twhere the person is a registered conveyancer—be left for the person at the address for service with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by facsimile transmission to a facsimile number provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tThe address for service of a registered conveyancer is the address of which the Commissioner has been last notified in writing by the conveyancer as the conveyancer's address for service.\n66—Annual report\n\t(1)\tThe Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.\n\t(2)\tThe report must contain the audited statement of accounts of the indemnity fund for the period to which the report relates.\n\t(3)\tThe Minister must, within six sitting days after receipt of the report, cause a copy of the report to be laid before each House of Parliament.\n67—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire registered conveyancers to comply with a code of conduct;\n\t(b)\trequire conveyancers to lodge with the Commissioner certificates evidencing the conveyancer's insurance coverage as required under Part 2;\n\t(c)\tfix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees;\n\t(d)\texempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act;\n\t(e)\timpose a penalty (not exceeding $2 500) for contravention of, or non-compliance with, a regulation;\n\t(f)\tfix expiation fees, not exceeding $210, for alleged offences against the regulations.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister.\n\t(4)\tThe regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time.\n\t(5)\tIf a code is referred to in the regulations—\n\t(a)\ta copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and\n\t(b)\tevidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.\nSchedule 2—Transitional provisions\n1—General\n\t(1)\tA person who held a licence as a land broker under the Land Agents, Brokers and Valuers Act 1973 immediately before the commencement of this Act will be taken to have been registered as a conveyancer under this Act.\n\t(2)\tAn approval, appointment or order in force under the Land Agents, Brokers and Valuers Act 1973 immediately before the commencement of this Act in relation to a land broker or former land broker will be taken to be an approval, appointment or order in force under the corresponding provision of this Act.\n\t(3)\tA notice given or served under the Land Agents, Brokers and Valuers Act 1973 in relation to a land broker or former land broker has effect as a notice given or served under the corresponding provision of this Act.\n\t(4)\tA reference in an Act or other instrument to a licensed land broker will be taken to be a reference to a conveyancer registered under this Act.\n2—Mortgage financiers\n\t(1)\tIn this clause—\nmortgage financier means a person who—\n\t(a)\tis—\n\t(i)\ta conveyancer; or\n\t(ii)\tan associate of a conveyancer; and\n\t(b)\tengages in mortgage financing;\ntrust money, in relation to a mortgage financier, means money received by a mortgage financier in the mortgage financier's capacity as such to which the mortgage financier is not wholly entitled at law and in equity.\n\t(2)\tFor the purposes of this clause, a person is an associate of another if—\n\t(a)\tthey are partners; or\n\t(b)\tone is a spouse, domestic partner, parent or child of the other; or\n\t(c)\tthey are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or\n\t(d)\tone is a body corporate and the other is a director of the body corporate; or\n\t(e)\tone is body corporate and the other is a person who has a legal or equitable interest in five per cent or more of the share capital of the body corporate; or\n\t(f)\ta chain of relationships can be traced between them under any one or more of the above paragraphs.\n\t(3)\tThis clause applies—\n\t(a)\tto trust money received by a mortgage financier before the commencement of this Act; and\n\t(b)\twhere trust money received by a mortgage financier was lent to another on the security of a mortgage before the commencement of this Act—to trust money received by the mortgage financier (whether before or after that commencement) by way of payment of principal or interest, or both, under that loan.\n\t(4)\tPart 4 applies to a mortgage financier as if—\n\t(a)\ta reference in that Part to a conveyancer were a reference to a mortgage financier; and\n\t(b)\ta reference in that Part to trust money were a reference to trust money to which this clause applies.\n\t(5)\tThe power of the Governor to make regulations under this Act includes power to make regulations requiring mortgage financiers to provide specified information to prospective investors or regulating or making provision with respect to any other matter relating to mortgage financiers.\n3—Special provisions relating to Growden Investments\n\t(1)\tA failure on the part of Growden Investments to disclose material facts with respect to the investment of trust money to which clause 2 applies will be taken to be a fiduciary default for the purposes of Part 4.\n\t(2)\tSubclause (1) applies with respect to any such failure on the part of Growden Investments (and accordingly the Commissioner must, to the extent that a relevant claim based on a failure on the part of Growden Investments to disclose material facts has been rejected, on application by the claimant, reassess the claim).\n\t(3)\tDespite clause 2(4), no interest is payable under section 39(2) with respect to an entitlement to compensation arising from fiduciary default on the part of Growden Investments.\n\t(4)\tIn this clause—\nGrowden Investments means G.C. Growden Pty. Ltd. and includes any associate of G.C. Growden Pty. Ltd. (as in existence at any time).\n\t(5)\tFor the purposes of this clause, a person is an associate of G.C. Growden Pty. Ltd. if the person would be an associate of that person under clause 2 (assuming (if necessary for the purposes of this provision) the continued existence of that person and that company).\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1994\n86\n Conveyancers Act 1994\n15.12.1994\n1.6.1995 (Gazette 25.5.1995 p2198) except s 9—15.12.1996 (s 7(5) Acts Interpretation Act 1915)\n1995\n96\n Statutes Amendment (Sunday Auctions and Indemnity Fund) Act 1995\n7.12.1995\nPt 3 (s 5)—7.12.1995: s 2(1)\n1996\n34\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 13)—3.2.1997 (Gazette 19.12.1996 p1923)\n1998\n21\n Statutes Amendment (Consumer Affairs) Act 1998 as amended by 22/1998\n2.4.1998\nPt 5 (ss 12—15) and Sch (cl 3)—28.5.1998 (Gazette 28.5.1998 p2292)\n1998\n22\n Statutes Amendment (Consumer Affairs) Amendment Act 1998\n2.4.1998\n2.4.1998\n1999\n33\n Financial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 12)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n2000\n4\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 6)—1.6.2000 (Gazette 18.5.2000 p2554)\n2001\n47\n Statutes Amendment (Consumer Affairs) Act 2001\n11.10.2001\nPt 3 (s 10)—1.11.2001 (Gazette 25.10.2001 p4686)\n2003\n4\n Statutes Amendment and Repeal (National Competition Policy) Act 2003\n29.5.2003\nPt 2 (ss 4 & 5)—1.7.2003 (Gazette 26.6.2003 p2811)\n2004\n26\n Conveyancers (Corporate Structures) Amendment Act 2004\n29.7.2004\n1.12.2004 (Gazette 28.10.2004 p4083)\n2004\n29\n Land Agents (Indemnity Fund-Growden Default) Amendment Act 2004\n29.7.2004\nPt 3 (s 8)—1.9.2004: s 2\n2006\n43\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 17 (ss 53—55)—1.6.2007 (Gazette 26.4.2007 p1352)\n2007\n28\n Statutes Amendment (Real Estate Industry Reform) Act 2007\n2.8.2007\nPt 2 (ss 4—9)—28.7.2008 (Gazette 3.7.2008 p3203)\n2009\n39\n Statutes Amendment and Repeal (Fair Trading) Act 2009\n23.7.2009\nPt 4 (ss 9 & 10)—3.9.2009 (Gazette 3.9.2009 p4367)\n2013\n16\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 11 (s 15)—17.6.2013 (Gazette 6.6.2013 p2498)\n2013\n17\n Statutes Amendment (Real Estate Reform Review and Other Matters) Act 2013\n23.5.2013\nPt 2 (s 4)—21.11.2013 (Gazette 21.11.2013 p4278)\n2013\n71\n Statutes Amendment (Occupational Licensing) Act 2013\n21.11.2013\nPt 3 (ss 13, 14 & 16)—1.11.2014 (Gazette 9.10.2014 p6095); s 15—21.11.2015 (Gazette 29.10.2015 p4742)\n2017\n7\n Statutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 5 (s 19)—15.3.2017: s 2(1); ss 18 & 20—1.7.2017 (Gazette 22.6.2017 p2224)\n2017\n51\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 9 (ss 38 to 53)—4.10.2018 (Gazette 28.6.2018 p2618)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2003\ns 3\n\n\ns 3(1)\ns 3 redesignated as s 3(1) by 26/2004 s 4(2)\n1.12.2004\nclose associate\ninserted by 26/2004 s 4(1)\n1.12.2004\nCourt\ndeleted by 51/2017 s 38(1)\n4.10.2018\ndomestic partner\ninserted by 43/2006 s 53(1)\n1.6.2007\nlegal practitioner\nsubstituted by 4/2003 s 4\n1.7.2003\nmoney\namended by 33/1999 Sch (item 12(a))\n1.7.1999\nprescribed relative\namended by 43/2006 s 53(2)\n1.6.2007\nspouse\nsubstituted by 43/2006 s 53(3)\n1.6.2007\nTribunal\ninserted by 51/2017 s 38(2)\n4.10.2018\ns 3(2)—(4)\ninserted by 26/2004 s 4(2)\n1.12.2004\nPt 2\n\n\ns 5\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 71/2013 s 13\n1.11.2014\ns 6\n\n\ns 6(1)\ns 6 redesignated as s 6(1) by 47/2001 s 10\n1.11.2001\ns 6(2)—(5)\ninserted by 47/2001 s 10\n1.11.2001\ns 7\n\n\ns 7(1)\namended by 21/1998 s 12\n28.5.1998\n\namended by 4/2003 s 5(a)\n1.7.2003\n\namended by 28/2007 s 4(1)\n28.7.2008\n\namended by 39/2009 s 9\n3.9.2009\ns 7(2)\namended by 4/2003 s 5(b)\n1.7.2003\n\namended by 26/2004 s 5(1)\n1.12.2004\n\namended by 28/2007 s 4(2)\n28.7.2008\ns 7(3)\nsubstituted by 26/2004 s 5(2)\n1.12.2004\ns 7(4) and (5)\ninserted by 26/2004 s 5(2)\n1.12.2004\ns 7A before substitution by 51/2017\ninserted by 21/1998 s 13\n28.5.1998\ns 7A(2)\namended by 4/2000 s 9(1) (Sch 1 cl 6(a))\n1.6.2000\ns 7A(5)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 6(b))\n1.6.2000\ns 7A(6)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 6(c))\n1.6.2000\ns 7A\nsubstituted by 51/2017 s 39\n4.10.2018\ns 8\n\n\ns 8(3)\namended by 7/2017 s 18\n1.7.2017\nPt 2A\ninserted by 71/2013 s 14\n1.11.2014\ns 9AA\n\n\ns 9AA(4)\namended by 51/2017 s 40(1)\n4.10.2018\ns 9AA(5)\nsubstituted by 51/2017 s 40(2)\n4.10.2018\ns 9AA(6)\namended by 51/2017 s 40(3)\n4.10.2018\ns 9AA(7)\nsubstituted by 51/2017 s 40(4)\n4.10.2018\ns 9AA(8)\ndeleted by 51/2017 s 40(4)\n4.10.2018\nPt 3\n\n\nss 9A and 9B\ninserted by 26/2004 s 6\n1.12.2004\ns 10\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 26/2004 s 7\n1.12.2004\ns 11\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 26/2004 s 8\n1.12.2004\ns 12\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\ndeleted by 7/2017 s 19\n15.3.2017\nPt 4\n\n\ns 14\n\n\ns 14(1)\n\n\nauditor\namended by 28/2007 s 5\n28.7.2008\ns 15\n\n\ns 15(1)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 33/1999 Sch (item 12(b))\n1.7.1999\ns 15(2) and (3)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\ns 15(4)\namended by 33/1999 Sch (item 12(c))\n1.7.1999\ns 16\namended by 51/2017 s 41\n4.10.2018\ns 17\namended by 33/1999 Sch (item 12(d))\n1.7.1999\ns 18\n\n\ns 18(3)\namended by 33/1999 Sch (item 12(e))\n1.7.1999\ns 18(4)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\ns 18(5)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 33/1999 Sch (item 12(f))\n1.7.1999\ns 20\namended by 33/1999 Sch (item 12(g))\n1.7.1999\ns 21\n\n\ns 21(1)\namended by 51/2017 s 42(1)\n4.10.2018\ns 21(2)\namended by 51/2017 s 42(2)\n4.10.2018\ns 22\n\n\ns 22(1)\namended by 51/2017 s 43\n4.10.2018\ns 22(2)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 6(d))\n1.6.2000\ns 23\n\n\ns 23(1)—(4)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\ns 24\n\n\ns 24(1)\namended by 71/2013 s 15(1)\n21.11.2015\ns 24(1a)\ninserted by 71/2013 s 15(2)\n21.11.2015\ns 24(3)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 71/2013 s 15(3)\n21.11.2015\ns 24(4)\namended by 71/2013 s 15(3)\n21.11.2015\n\namended by 7/2017 s 20(1)\n1.7.2017\ns 24(7)\ndeleted by 7/2017 s 20(2)\n1.7.2017\ns 26\n\n\ns 26(2)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 33/1999 Sch (item 12(h))\n1.7.1999\ns 26(3)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\ns 27\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 33/1999 Sch (item 12(i))\n1.7.1999\ns 28\n\n\ns 28(1) and (2)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\ns 29\n\n\ns 29(1) and (2)\namended by 33/1999 Sch (item 12(j))\n1.7.1999\ns 30\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\ns 31\n\n\ns 31(1)\namended by 33/1999 Sch (item 12(k))\n1.7.1999\n\namended by 28/2007 s 6(1)\n28.7.2008\ns 31(2)\nsubstituted by 96/1995 s 5\n7.12.1995\n\namended by 28/2007 s 6(2)\n28.7.2008\n\namended by 17/2013 s 4(1)—(3)\n21.11.2013\ns 32\n\n\ns 32(1) and (2)\nsubstituted by 28/2007 s 7\n28.7.2008\ns 33\n\n\ns 33(2)\namended by 51/2017 s 44\n4.10.2018\ns 34\n\n\ns 34(1)\namended by 28/2007 s 8(1)\n28.7.2008\ns 34(1a)\ninserted by 28/2007 s 8(2)\n28.7.2008\ns 34(2)\namended by 28/2007 s 8(3)\n28.7.2008\ns 34(3)\nsubstituted by 28/2007 s 8(4)\n28.7.2008\ns 34(4) and (5)\ninserted by 28/2007 s 8(4)\n28.7.2008\ns 37\n\n\ns 37(1)\nsubstituted by 51/2017 s 45(1)\n4.10.2018\ns 37(1a)\ninserted by 51/2017 s 45(1)\n4.10.2018\ns 37(2)\namended by 51/2017 s 45(2)\n4.10.2018\ns 37(3)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 6(e))\n1.6.2000\ns 45\n\n\ns 45(1)\namended by 26/2004 s 9\n1.12.2004\n\namended by 28/2007 s 9\n28.7.2008\nPt 5\n\n\ns 46\namended by 51/2017 s 46\n4.10.2018\ns 47\n\n\ns 47(1)\namended by 51/2017 s 47(1)\n4.10.2018\ns 47(2)\namended by 51/2017 s 47(2)\n4.10.2018\ns 48\namended by 21/1998 s 14\n28.5.1998\n\nsubstituted by 51/2017 s 48\n4.10.2018\ns 49\n\n\ns 49(1)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 71/2013 s 16\n1.11.2014\n\namended by 51/2017 s 49(1)\n4.10.2018\ns 49(2)\namended by 51/2017 s 49(2)\n4.10.2018\ns 50\n\n\ns 50(1)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 51/2017 s 50(1)\n4.10.2018\ns 50(2)\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 51/2017 s 50(2)\n4.10.2018\nPt 6\n\n\ns 52\n\n\ns 52(3)\namended by 33/1999 Sch (item 12(l))\n1.7.1999\ns 54\n\n\ns 54(2a)\ninserted by 39/2009 s 10\n3.9.2009\ns 55\n\n\ns 55(1)\namended by 51/2017 s 51(1)\n4.10.2018\ns 55(3)\ninserted by 51/2017 s 51(2)\n4.10.2018\ns 56\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\ns 61\ndeleted by 16/2013 s 15\n17.6.2013\ns 63\n\n\ns 63(1)\nsubstituted by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\ns 67\n\n\ns 67(2)\namended by 34/1996 s 4 (Sch cl 13)\n3.2.1997\n\namended by 21/1998 Sch cl 3 as substituted by 22/1998 s 3\n28.5.1998\nSch 1 before deletion by 51/2017\n\n\ncl (5)\namended by 21/1998 s 15\n28.5.1998\nSch 1\ndeleted by 51/2017 s 52\n4.10.2018\nSch 2\n\n\ncl 2\n\n\ncl 2(1)\n\n\nspouse\ndeleted by 43/2006 s 54(1)\n1.6.2007\ncl 2(2)\namended by 43/2006 s 54(2)\n1.6.2007\ncl 3\ninserted by 29/2004 s 8\n1.9.2004\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Sunday Auctions and Indemnity Fund) Act 1995, Sch\n(1)—Validation of past payments out of fund\nPayments out of the indemnity fund maintained under Part 3 Division 3 of the Land Agents Act 1994 before the commencement of this Act are to be regarded as having been lawfully made if made for a purpose of a kind referred to in section 29 of the Land Agents Act 1994 as amended by this Act or section 31 of the Conveyancers Act 1994 as amended by this Act.\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nConveyancers (Corporate Structures) Amendment Act 2004, Sch 1\n1—Interpretation\nIn this Schedule—\nprincipal Act means the Conveyancers Act 1994.\n2—Transitional provision\nA constitution of a company that is a registered conveyancer that conforms to the requirements of subsection (3) of section 7 of the principal Act immediately before the commencement of this Act will be taken to conform to the requirements of that subsection as enacted by this Act.\nStatutes Amendment (Domestic Partners) Act 2006\n55—Transitional provision\nFrom the commencement of this section, a reference to a prescribed relative, spouse or putative spouse in the constitution of a company that is registered as a conveyancer under the Conveyancers Act 1994 will, where the context so admits or requires, be taken to include a reference to a domestic partner.\nStatutes Amendment (SACAT No 2) Act 2017, Pt 9\n53—Transitional provisions\n\t(1)\tA right of appeal under the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(2)\tA right to lodge a complaint under section 46 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the complaint may be lodged with the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(3)\tA decision or order of the Administrative and Disciplinary Division of the District Court under Part 5 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.\n\t(4)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.\n\t(5)\tA member of each panel of persons who may sit as assessors established under Schedule 1 of the principal Act (as in existence immediately before the relevant day) ceases to hold office on the commencement of this subsection and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.\n\t(6)\tIn this section—\nprincipal Act means the Conveyancers Act 1994;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nReprint No 1—7.12.1995\n\nReprint No 2—3.2.1997\n\nReprint No 3—28.5.1998\n\nReprint No 4—1.7.1999\n\nReprint No 5—1.6.2000\n\nReprint No 6—1.11.2001\n\nReprint No 7—1.7.2003\n\n1.9.2004\n\n1.12.2004\n\n1.6.2007\n\n28.7.2008\n\n3.9.2009\n\n17.6.2013\n\n21.11.2013\n\n1.11.2014\n\n21.11.2015\n\n15.3.2017\n\n1.7.2017\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond simple registration of individual conveyancers. The original 1994 Act has been amended multiple times to add: corporate conveyancing structures (2004), specific provisions for mortgage financiers and the Growden Investments collapse (2004), integration with the SACAT tribunal system (2017), and expanded disciplinary powers. The scope now encompasses complex corporate governance rules, shared indemnity funds, and transitional provisions for specific historical financial failures."},"complexity_factors":["Multiple cross-references to other Acts (Real Property Act 1886, Legal Practitioners Act 1981, Corporations Act 2001, Land Agents Act 1994, SACAT Act 2013, etc.)","Complex definition of 'close associate' with 9 sub-paragraphs plus chain relationships (s 3(2))","Nested conditional logic for company registration requirements (s 7(3)) with exceptions for prescribed persons and relatives","Dual registration tracks (natural persons vs companies) with different eligibility criteria","Extensive transitional provisions including special 'Growden Investments' clause dealing with historical fiduciary defaults","Interaction between administrative powers (Commissioner) and judicial/quasi-judicial review (SACAT) with specific time limits","Shared indemnity fund mechanism with Land Agents Act creates interdependence","Multiple penalty tiers based on offence type (natural person vs body corporate, first vs subsequent offences)"],"plain_english_summary":"**What this law does:**\n\nThis is the **Conveyancers Act 1994** (South Australia). It creates a licensing and regulatory scheme for **conveyancers** — people (other than lawyers) who prepare legal documents for buying and selling property.\n\n**Key things the law covers:**\n\n*   **Registration:** You cannot work as a conveyancer in SA unless you are registered with the Commissioner for Consumer Affairs. The law sets out who qualifies (fit and proper person, no recent dishonesty convictions, not insolvent, etc.) and how companies can be registered (strict rules about directors being registered conveyancers).\n\n*   **Trust money protection:** Conveyancers must hold clients' money in special **trust accounts** at approved banks. These accounts are audited, and the Commissioner can appoint administrators to take control if something goes wrong (fraud, insolvency, mismanagement).\n\n*   **Indemnity fund:** There's a compensation fund (shared with land agents) that pays out if a conveyancer steals or misuses client money (**fiduciary default**). The fund is financed by interest on trust accounts, fines, and recoveries.\n\n*   **Discipline:** The South Australian Civil and Administrative Tribunal (**SACAT**) handles complaints. It can fine conveyancers up to $20,000, suspend or cancel their registration, or ban them from working in the industry.\n\n*   **Insurance:** Conveyancers must have professional indemnity insurance; if they don't, their registration is automatically suspended.\n\n**Who it affects:**\n\n*   Anyone wanting to work as a conveyancer in SA\n*   Property buyers and sellers who use conveyancers\n*   Banks and other deposit-taking institutions (**ADIs**) that hold trust accounts\n\n**Why it matters:**\n\nProperty transactions involve large sums of money. This law protects consumers by ensuring only qualified, insured, and supervised people handle these transactions, and provides a safety net (the indemnity fund) if things go wrong."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's operational scope has broadened since first enacted. Corporate‑specific controls and director liability were added (corporate structure provisions and ss9A–11 inserted 2004), explicit Commissioner powers to suspend/cancel and impose conditions were formalised (Part 2A, s9AA inserted by amendments commencing 2014), and jurisdiction and procedural pathways were moved to the South Australian Civil and Administrative Tribunal (amendments in 2017). Amendments also expanded definitional coverage (e.g. close associate, domestic partner) and layered special transitional rules (Sch 2, Growden clause), increasing regulatory reach and enforcement tools."},"complexity_factors":["Layered registration and eligibility rules for individuals and companies, including constitution requirements for company conveyancers (ss5, 6, 7 and s7(3)).","Significant administrative discretion vested in the Commissioner: application requirements, power to refuse or cancel registration, delegation and agreements with professional organisations (ss4, 6, 9AA, 51, 52).","Detailed trust‑account regime with mandatory deposits, restricted withdrawals, ADI reporting and administrator/temporary manager appointments (Part 4 Division 2: ss15–21, 27).","Audit, examiner and information‑gathering powers that require production of records and permit forced entry to premises for enforcement (ss20, 23–26).","Indemnity fund mechanics: sources of funding, claims process, subrogation, proportional reductions where fund is insufficient, and special transitional claims rules (Part 4 Division 3: ss31–43; Sch 2 cl2–3).","Disciplinary framework routed through the Tribunal with a wide range of orders (reprimand, fines, suspension, cancellation, disqualification) and review rights (Part 5: ss45–50, 46–49; ss37, 7A).","Criminal and civil penalties, continuing offence provisions and restricted prosecution authorisation that affect compliance risk and enforcement timing (ss5, 56, 62, 63).","Layered regulation and amendment history (multiple statutory amendments, transitional provisions and a named special case) that create interpretive and operational complexity (Sch 2; legislative history entries for 2004, 2013, 2017)."],"plain_english_summary":"This Act creates a licensing and oversight system for non‑lawyer conveyancers in South Australia. It requires registration, ongoing insurance, record‑keeping and audited trust accounts, sets company‑structure rules for incorporated conveyancers, funds an indemnity scheme for trust losses and gives the Commissioner and the Tribunal powers to investigate, discipline and remove conveyancers. It affects conveyancers, their directors, clients and banks (ADIs) because it determines who may practise, who pays fees/insurance and indemnity contributions, and how trust money and misconduct are supervised and remedied."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this legislation changed from its original intent, as the full text of the Act was not accessible due to a broken URL following a website migration on 24 March 2026."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on general knowledge of the Act's subject matter, not its actual provisions","Complexity score cannot be meaningfully assigned without access to the legislation itself","Score of 1 reflects the absence of content to analyse, not the simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Conveyancers Act 1994 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website migration that occurred around **24 March 2026** which broke older hyperlinks.\n\n### What we know about this Act in general terms:\nThe Conveyancers Act 1994 (SA) historically regulated **conveyancers** — professionals who handle the legal paperwork involved in buying and selling property (transferring ownership of land), without being fully qualified lawyers. It would typically cover:\n- **Who can legally work as a conveyancer** in South Australia\n- **Licensing and registration requirements**\n- **Standards of conduct and professional obligations**\n- **Consumer protections** for people using conveyancing services\n- **Disciplinary processes** if a conveyancer does the wrong thing\n\n### Who does it affect?\nAnyone buying or selling property in South Australia, and any person working as or seeking to become a licensed conveyancer.\n\n> ⚠️ **Note:** Because the actual legislative text was not available for analysis, no detailed or reliable legal conclusions can be drawn. Please access the current version directly at [legislation.sa.gov.au](https://www.legislation.sa.gov.au)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/conveyancers-act-1994","history":"/api/acts/conveyancers-act-1994/history","analysis":"/api/acts/conveyancers-act-1994/analysis","conflicts":"/api/acts/conveyancers-act-1994/conflicts","importantCases":"/api/acts/conveyancers-act-1994/important-cases","documents":"/api/acts/conveyancers-act-1994/documents"}}