Part 20AClient authorisation

Part 20A—Client authorisation 240A—Client authorisation For the purposes of this Act, a client authorisation is a document— (a) that is a client authorisation for the purposes of the Electronic Conveyancing National Law (South Australia); or (b) — (i) that is in the appropriate form; and (ii) by which the client of a law practice, legal practitioner or registered conveyancer authorises the practice, practitioner or conveyancer to execute 1 or more instruments, or do 1 or more other things, on behalf of the client in connection with a specified transaction or for a specified period of time. 240B—Effect of client authorisation (1) A properly completed client authorisation has effect according to its terms. (2) If a client authorisation is properly completed, the requirements of any other law of this State relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied. (3) This section does not apply in relation to a client authorisation under the Electronic Conveyancing National Law (South Australia). Note— Section 11 of the Electronic Conveyancing National Law (South Australia) deals with the effect of client authorisations under the Law. 240C—Termination of client authorisation (1) A client authorisation terminates if a party to the authorisation advises the other party by notice in writing that the authorisation is terminated. (2) Termination of a client authorisation has effect on receipt of the termination notice, or on the date and time or happening of an event specified in the termination notice, whichever occurs first. 240D—Instruments to be executed by natural persons If a law practice, or a registered conveyancer that is a body corporate, is authorised under a client authorisation to execute instruments on behalf of a person, the instruments must be executed by— (a) in the case of a law practice— (i) a person who is a legal practitioner associate of the law practice for the purposes of the Legal Practitioners Act 1981; or (ii) a registered conveyancer who is an employee of the law practice; or (b) in the case of a registered conveyancer that is a body corporate—a registered conveyancer who is a director or employee of the conveyancer. 240E—Client authorisation may be given by Crown or statutory corporation The Crown (including an instrumentality of the Crown) or a statutory corporation may provide for a representative to execute instruments on its behalf by completing a client authorisation (irrespective of whether it has the capacity to delegate its powers). 240F—Legal practitioner and registered conveyancer must obtain authorisation (1) If a legal practitioner or registered conveyancer executes an instrument for the purposes of this Act or the Electronic Conveyancing National Law (South Australia) on behalf of a party to the instrument— (a) other than in accordance with a properly completed client authorisation; or (b) in accordance with a properly completed client authorisation but without first— (i) verifying the identity of the party in accordance with the verification of identity requirements; and (ii) verifying the authority of the party, in accordance with the verification of authority guidelines, to be a party to the instruments authorised by or under the client authorisation, the practitioner or conveyancer is guilty of an offence. Maximum penalty: Imprisonment for 2 years. (2) Subsection (1) does not apply to a legal practitioner or registered conveyancer— (a) who executes a caveat as agent of a caveator otherwise than under a client authorisation; or (b) who executes a priority notice on behalf of a person otherwise than under a client authorisation; or (c) in other prescribed circumstances. (3) In proceedings for an offence against subsection (1)(a) or (b), it is a defence to prove that— (a) the defendant was not negligent; and (b) the act or omission constituting the offence was attributable to an honest mistake on the defendant's part. 240G—Retention of client authorisation A client authorisation must be retained by the law practice, legal practitioner or registered conveyancer for the period prescribed by the regulations.