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FACT SHEET
Conveyancing Amendment Bill (No. 2) 2012
The Conveyancing Amendment Bill (No. 2) 2012 prohibits the holder of a
conveyancing licence from advertising or representing to the public that
he or she is a licensed conveyancer or causing or allowing another
person to advertise or represent that the suspended licensee is a
licensed conveyance during any period that the converyancer's licence is
suspended.
The Bill also prohibits a person who employs a person whose licence is
suspended from advertising or representing to the public, or causing or
allowing another person to advertise or represent to the public, that the
employee is a licensed conveyancer during any period that the
conveyancer's licence is suspended. The Bill provides that it is a defence
to a charge under this provision if the defendant establishes that they did
not know that the employee's licence was suspended at the time the
advertisement or representation was made.
The Bill enables a person who has been given an undertaking by a
licensed conveyancer and that has not been carried out, to apply to the
Supreme Court or the Magistrates Court (Civil Division) for an
enforcement order, including that the conveyancer carry out the
undertaking or pay compensation for the loss arising from the failure to
carry out the undertaking.
The Bill also provides that, where a body corporate commits an offence
under the Conveyancing Amendment Act 2004, each person concerned in
the management of the body corporate is taken to have also committed
the offence unless the offence occurred without the person's knowledge
or consent or the person used all due diligence to attempt to prevent
the act or omission occurring.