Section 4 of the Principal Act is repealed and the following sections are substituted:

4.     Conveyancers to be licensed

A person who is not a legal practitioner must not carry on business as a conveyancer for fee or reward unless –

(a) the person is the holder of a licence granted by the Director in accordance with this Division; or

(b) the person is the holder of a licence by virtue of holding deemed registration.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

4A.     Deemed registration of conveyancers

(1)  In this section –

occupation has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;

participating jurisdiction has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth.

(2)  A person who intends to carry on a business as a conveyancer in the State by virtue of holding deemed registration must notify the Director of the person’s entitlement to hold deemed registration before carrying on the business.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A notification under subsection (2) –

(a) must be in a manner approved by the Director; and

(b) must be in a form approved by the Director; and

(c) is to contain any information that the Director considers necessary.

(4)  If there is a change in the information provided in a notification to the Director under subsection (2), the person referred to in that subsection must, as soon as is practicable, in a form approved by the Director, notify the Director of the change.

Penalty:  Fine not exceeding 10 penalty units.

(5)  A person who holds a licence by virtue of holding deemed registration must not carry on business as a conveyancer in the State unless the work is within the scope of the work that the person is authorised to carry on for that occupation in the relevant participating jurisdiction.

Penalty:  Fine not exceeding 10 penalty units.

(6)  If a person is found guilty of an offence against subsection (2), (4) or (5), the Director may –

(a) suspend or cancel the deemed registration held by the person; and

(b) disqualify the person from holding a licence by virtue of holding deemed registration for a specified period or until the person fulfils a specified condition.

(7)  The Director may, at any time, request a person, who is a licence holder by virtue of holding deemed registration, to provide the Director with any information that the Director requires in relation to the maintenance of the person’s skills and any continuing professional development undertaken by the person.