4Conveyancing work

#### 4 Conveyancing work 4 Conveyancing work > > (1) For the purposes of this Act, conveyancing work is legal work carried out in connection with any transaction that creates, varies, transfers or extinguishes a legal or equitable interest in any real or personal property, such as (for example) any of the following transactions— > > > > > (a) a sale or lease of land, > > > > > (b) the sale of a business (including the sale of goodwill and stock-in-trade), whether or not a sale or lease of land or any other transaction involving land is involved, > > > > > (c) the grant of a mortgage or other charge. > > > (2) Without limiting subsection (1), conveyancing work includes— > > > > > (a) legal work involved in preparing any document (such as an agreement, conveyance, transfer, lease or mortgage) that is necessary to give effect to any such transaction, and > > > > > (b) legal work (such as the giving of advice or the preparation, perusal, exchange or registration of documents) that is consequential or ancillary to any such transaction, and > > > > > (c) any other legal work that is prescribed by the regulations as constituting conveyancing work for the purposes of this Act. > > > (3) However, conveyancing work does not include the carrying out of any work for the purpose of— > > > > > (a) a mortgage on non-residential property where the amount secured by the mortgage exceeds 7 million dollars (with non-residential property being any property that is not residential property for the purposes of Division 8 of Part 4 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006)), or > > > > > (b) commencing or maintaining legal proceedings, or > > > > > (c) establishing a corporation or varying the memorandum or articles of association of a corporation, or > > > > > (d) creating, varying or extinguishing a trust, or > > > > > (e) preparing a testamentary instrument, or > > > > > (f) giving investment or financial advice, or > > > > > (g) investing money otherwise than as provided for by Division 2 of Part 5, > > > > and does not include any work that is prescribed by the regulations as not constituting conveyancing work for the purposes of this Act. > > > (4) In this section— > > > > legal work means work that, if done for fee or reward by a person who is not an Australian legal practitioner, would give rise to an offence under Part 2.1 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a). > > **s 4:** Am 2005 No 46, Sch 11.3 \[1\]; 2015 No 7, Sch 2.6 \[1\].