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Section 3 - Conveyancing Act 2004 - Interpretation | Zoe
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Conveyancing Act 2004
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Explain section 3 Interpretation
(1) In this Act –[Section 3 Subsection (1) amended by No. 25 of 2012, s. 4, Applied:12 Jul 2012]
[Section 3 Subsection (1) amended by No. 25 of 2012, s. 4, Applied:12 Jul 2012] [Section 3 Subsection (1) amended by No. 58 of 2016, Sched. 4, Applied:01 Apr 2017] [Section 3 Subsection (1) amended by No. 29 of 2022, s. 9, Applied:01 Jul 2023] approved institution means an authorised deposit-taking institution with a branch or head office in the State with which a scheme of arrangement that –
(a) relates in whole or in part to the keeping of trust accounts for the purposes of this Act; and
(b) is in force –
has been entered into under section 147 of the Property Agents and Land Transactions Act 2016 ;
[Section 3 Subsection (1) amended by No. 41 of 2010, s. 9, Applied:01 Jan 2011]
commission means any monetary consideration or any other form of consideration to which a monetary value may be assigned;
conveyancer means a person who is not a legal practitioner and who carries on a business that involves the preparation for fee or reward of –
(a) dealings within the meaning of the Land Titles Act 1980 ; or
(b) instruments for the purposes of any other Act or law as provided by an order made under subsection (2) ;
Court means the Magistrates Court (Administrative Appeals Division);
means an entitlement to automatic deemed registration, within the meaning of the of the Commonwealth;
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[Section 3 Subsection (1) amended by No. 29 of 2022, s. 9, Applied:01 Jul 2023]
deemed registration
Mutual Recognition Act 1992
Director means the Director of Consumer Affairs and Fair Trading;
document means any record of information, and includes –
(a) anything on which there is writing; and
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and
(d) a map, plan, drawing or photograph –
and a reference in this Act to a document includes a reference to –
(e) any part of the document; and
(f) any copy, reproduction or duplicate of the document or of any part of the document; and
(g) any part of such a copy, reproduction or duplicate;
fiduciary default means –
(a) a defalcation, misappropriation or misapplication of trust money held by a conveyancer; or
(b) the failure of a conveyancer to account for trust money held by the conveyancer; or
(c) a breach of any duty by a conveyancer as trustee in respect of trust money held by the conveyancer;
prescribed offence means –
(a) an offence involving dishonesty, whether committed in Tasmania or elsewhere; or
(b) an offence involving violence, whether committed in Tasmania or elsewhere; or
(c) an offence under Part V of the Poisons Act 1971 or a similar offence under the law of another State; or
(d) an offence relating to the possession and use of a firearm, or any other weapon, that would disqualify the applicant from holding a licence under the Firearms Act 1996 ; or
(e) an offence against this Act;
professional indemnity insurance means insurance against civil liability arising in connection with carrying on business as a conveyancer (whether the liability arises from an act or omission on the part of the insured conveyancer or on the part of another person);
regulations means regulations made and in force under this Act;
trust money , in respect of a conveyancer, means money –
(a) that is received by the conveyancer on behalf of another person when acting as a conveyancer; and
(b) to which the conveyancer is not wholly entitled.
(2) The Minister may, by order published in the Gazette , extend the application of this Act to instruments prepared for the purposes of any other Act or law.