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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CONVEYANCING AMENDMENT BILL (No. 2) 2012
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Sections 15A and 15B inserted
15A. Prohibition on advertising while licence suspended
15B. Certain undertakings to be enforceable
5. Section 46A inserted
46A. Offences by bodies corporate
6. Repeal
[Bill 23]-XI
2
CONVEYANCING AMENDMENT BILL (No. 2) 2012
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Nicholas James McKim)
A BILL FOR
An Act to amend the Conveyancing Act 2004
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Conveyancing
Amendment Act (No. 2) 2012.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Conveyancing Act 2004* is
referred to as the Principal Act.
*No. 22 of 2004
[Bill 23] 3
Conveyancing Amendment Act (No. 2) 2012
Act No. of
s. 4
4. Sections 15A and 15B inserted
After section 15 of the Principal Act, the
following sections are inserted in Division 3:
15A. Prohibition on advertising while licence
suspended
(1) A person whose licence is suspended
under this Act (the suspended licensee)
must not, during the period of the
suspension -
(a) advertise or in any way represent
to the public, either expressly or
by implication, that he or she is a
licensed conveyancer; or
(b) cause or allow another person to
advertise, or in any way represent
to the public, either expressly or
by implication, that the
suspended licensee is a licensed
conveyancer.
Penalty: Fine not exceeding 100 penalty
units.
(2) A person who employs a person whose
licence is suspended under this Act must
not, during the period of the employee's
suspension -
(a) advertise or in any way represent
to the public; or
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Conveyancing Amendment Act (No. 2) 2012
Act No. of
s. 4
(b) cause or allow another person to
advertise or in any way represent
to the public -
either expressly or by implication, that
the employee is a licensed conveyancer.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 100 penalty
units; or
(b) an individual, a fine not
exceeding 50 penalty
units.
(3) It is a defence in proceedings for an
offence under subsection (2) if the
defendant establishes that, at the time the
advertisement was published or the
representation was made, the defendant
did not know that the employee's licence
was suspended.
15B. Certain undertakings to be enforceable
(1) In this section -
affected person, in relation to an
undertaking, means -
(a) the person to whom the
undertaking was given;
and
(b) if the person to whom the
undertaking was given
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Conveyancing Amendment Act (No. 2) 2012
Act No. of
s. 4
was acting as the agent of
a principal, the principal;
undertaking means a promise or
guarantee, given by a
conveyancer in the course of
carrying on business as a
conveyancer, that an act will be
done, or will not be done, by the
conveyancer or another person.
(2) An affected person in relation to an
undertaking given by a conveyancer
may, if the undertaking has not been
carried out, apply to the Supreme Court
or the Magistrates Court (Civil Division)
for an order or orders to be made under
subsection (3) in relation to the
undertaking.
(3) A court to which an application is made
under subsection (2) in relation to an
undertaking given by a conveyancer
may, if it is satisfied that the undertaking
has not been carried out, make one or
more of the following orders in relation
to the application:
(a) if the undertaking consists of a
promise or guarantee by the
conveyancer to do an act or to
refrain from doing the act, an
order that the conveyancer do the
act or refrain from doing the act;
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Conveyancing Amendment Act (No. 2) 2012
Act No. of
s. 5
(b) such orders as the court thinks fit
requiring the conveyancer to do
an act, or refrain from doing an
act, so as to place an affected
person as near as practicable in
the position that the affected
person would have been in if the
undertaking had been carried out;
(c) such orders as the court thinks fit,
requiring the conveyancer to pay
to an affected person, or to a
client of the conveyancer, who
has suffered, or is likely to suffer,
loss because the undertaking has
not been carried out,
compensation for the loss.
5. Section 46A inserted
After section 46 of the Principal Act, the
following section is inserted in Part 5:
46A. Offences by bodies corporate
If a body corporate commits an offence
against this Act, each person concerned
in the management of the body corporate
is taken to have also committed the
offence and may be convicted of the
offence unless the person establishes
that -
(a) the act or omission constituting
the offence took place without the
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Conveyancing Amendment Act (No. 2) 2012
Act No. of
s. 6
person's knowledge or consent;
or
(b) the person used all due diligence
to prevent that act or omission by
the body corporate.
6. Repeal
This Act is repealed on the ninetieth day from
the day on which it commences.
8 Government Printer, Tasmania