Part 5Preparation of conveyancing instruments

Part 5—Preparation of conveyancing instruments 25—Part 5 subject to transitional provisions This Part operates subject to the transitional provisions contained in the Schedule. 26—Interpretation of Part 5 (1) For the purposes of this Part, a person stands in a prescribed relationship to an agent if the person— (a) is an employee of the agent; or (b) is a partner of the agent; or (c) is an employee of, or is remunerated by, a body corporate and— (i) the agent is in a position to control the conduct of the affairs of the body corporate; or (ii) the agent is a director of, or a shareholder in, the body corporate and the body corporate is not a public company as defined in the Corporations Act 2001 of the Commonwealth; or (iii) the agent is also an employee of, or is also remunerated by, the body corporate. (2) For the purposes of this Part, an application under the Strata Titles Act 1988, for the deposit of a strata plan, the amendment of a deposited strata plan, the amalgamation of deposited strata plans, or the cancellation of a deposited strata plan, is a conveyancing instrument. 27—Preparation of conveyancing instrument for fee or reward A person other than a legal practitioner or registered conveyancer must not prepare a conveyancing instrument for fee or reward. 28—Preparation of conveyancing instrument by agent or related person If a conveyancing instrument (other than one to give effect to a transaction in which the agent participates as a purchaser or mortgagee of land) is prepared by an agent, or a person who stands in a prescribed relationship to an agent, the agent and the person by whom the instrument is prepared are each guilty of an offence. 29—Procuring or referring conveyancing business (1) A legal practitioner or registered conveyancer must not pay or give a commission or fee or other consideration to a person for referring business involving the preparation of conveyancing instruments. (2) An agent, or a person who stands in a prescribed relationship to an agent, must not demand or receive from a legal practitioner or registered conveyancer a commission or fee or other consideration for referring to the legal practitioner or registered conveyancer business involving the preparation of conveyancing instruments. (3) An agent, or a person who stands in a prescribed relationship to an agent, must not procure or attempt to procure the execution of a document requiring or authorising the preparation of a conveyancing instrument by a particular person or person of a particular description. (4) A clause included in, or appended to, an offer or contract for the sale of land or a business requiring or authorising the preparation of a conveyancing instrument by a particular person or person of a particular description is void. 30—Conveyancer not to act for both parties unless authorised by regulations Except as authorised under the regulations, a conveyancer must not act for both the transferor and transferee, or the grantor and grantee, of property or rights under a transaction. 31—Effect of contravention (1) A conveyancing instrument is not void or voidable because it is prepared in contravention of this Part. (2) An officer of the Crown to whom a conveyancing instrument is presented for stamping or registration need not inquire whether the instrument has been prepared in contravention of this Part.