(1) The licence of a company that does not have at least one director who is a full licensee but has at least one director who is a provisional licensee is subject to the condition that the conveyancing work carried out by the licensee is limited to conveyancing work within the meaning of section 7.1.1 of the Legal Profession Act 2004.
(2) If a licensee that is a company ceases to have at least one director who is a full licensee but has at least one director who is a provisional licensee, the company must immediately notify the Authority of those facts.
1200 penalty units.
(3) The Authority—
(a) must ensure that the licence of a company referred to in subclause (1) is endorsed with the condition set out in that subclause;
(b) must remove the endorsement on being satisfied that the company again has at least one director who is a full licensee;
(c) may require the licensee to give the licence to the Authority for the purpose specified in paragraph (a) or (b).
(4) The licensee must comply with a requirement of the Authority under subclause (3) within the time specified by the Authority.
Part 3—Legal Profession Act 2004
12 Authorisations under section 7.1.3 of the Legal Profession Act 2004
(1) An authorisation that was in force under section 7.1.3(1) of the Legal Profession Act 2004 immediately before the commencement day or that is granted on an appeal referred to in clause 13 in relation to a person who is an insolvent under administration has effect under this Act as if it were an exemption under section 56.
(2) Any other authorisation that was in force under section 7.1.3(1) of the Legal Profession Act 2004 immediately before the commencement day or that is granted on an appeal referred to in clause 13 has effect under this Act according to its tenor as if it were a permission under Division 7 of Part 2.
13 Appeals under section 7.1.3 of the Legal Profession Act 2004
(1) This clause applies to an appeal under section 7.1.3(2) of the Legal Profession Act 2004 if—
(a) the appeal was made before the commencement day; and
(b) the Supreme Court—
(i) had not heard the matter; or
(ii) had heard the matter (either in part or in full) but had not handed down its decision on the matter—
before that day.
(2) On and after the commencement day, the Supreme Court is to continue to deal with the appeal as if Part 7.1 of the had not been repealed by this Act.
Section 11A - Conveyancers Act 2006 - Restrictions on company licence | Zoe
Legal Profession Act 2004
Sch. 2 amended by No. 17/2007 ss 32, 33, repealed by No. 1/2010 s. 88.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 10 August 2006
Legislative Council: 14 September 2006
The long title for the Bill for this Act was "to regulate the carrying out of conveyancing work, to repeal Part 7.1 of the Legal Profession Act 2004, to make consequential amendments to other Acts and for other purposes."
The Conveyancers Act 2006 was assented to on 10 October 2006 came into operation on 1 July 2008: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Conveyancers Act 2006 by Acts and subordinate instruments.
| Assent Date: | 28.9.10 |
| Commencement Date: | Ss 51–54, 56 on 1.11.10: Government Gazette 14.10.10 p. 2404; s. 55 on 1.4.11: Special Gazette (No. 63) 1.3.11 p. 1 |