Version No. 002
Conveyancers (Qualifications, Experience and Fees) Regulations 2008
S.R. No. 48/2008
Version incorporating amendments as at
1 July 2012
table of provisions
Regulation Page
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Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Definitions 1
Part 2—Competency Qualifications and Experience 3
5 Prescribed qualifications for conveyancers 3
6 Prescribed experience for conveyancers 5
Part 3—Fees 7
7 Fees for conveyancer's licence 7
8 Fee for application by person involved in claim for permission
to hold, or continue to hold, a licence 7
9 Fee for application by person with criminal record for
permission to hold, or continue to hold, a licence 7
10 Fee for application by company for permission to hold, or continue to hold, a licence 7
11 Annual licence fee 7
12 Late payment or lodgement fee 7
13 Exemption from requirement to appoint manager 7
14 Employment of disqualified persons 7
15 Certified copy of, or extract from, the Register 8
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ENDNOTES 9
1. General Information 9
2. Table of Amendments 10
3. Explanatory Details 11
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Version No. 002
Conveyancers (Qualifications, Experience and Fees) Regulations 2008
S.R. No. 48/2008
Version incorporating amendments as at
1 July 2012
3
Part 2—Competency Qualifications and Experience
Conveyancers (Qualifications, Experience and Fees) Regulations 2008
S.R. No. 48/2008
Part 1—Preliminary
1 Objective
The objective of these Regulations is to prescribe the qualifications and experience for the licensing of conveyancers and to prescribe fees for the purposes of the Conveyancers Act 2006.
2 Authorising provision
These Regulations are made under section 188 of the Conveyancers Act 2006.
3 Commencement
These Regulations come into operation on the day on which section 12 of the Conveyancers Act 2006 comes into operation.
4 Definitions
In these Regulations—
admission rules has the has the same meaning as in the Legal Profession Act 2004;
admission to the legal profession has the same meaning as in the Legal Profession Act 2004;
approved practical legal training requirements has the same meaning as in section 2.3.2 of the Legal Profession Act 2004;
Australian practising certificate has the same meaning as in the Legal Profession Act 2004;
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Board of Examiners has the same meaning as in the Legal Profession Act 2004;
corresponding practical legal training requirements has the same meaning as in as in section 2.3.2 of the Legal Profession Act 2004;
law practice has the same meaning as in the Legal Profession Act 2004;
principal has the same meaning as in the Legal Profession Act 2004;
provisional licensee means the holder of a provisional licence under Schedule 1 to the Act;
recognised law degree means an academic qualification that—
(a) is approved, under the admission rules, for admission to the legal profession in Victoria; or
(b) would qualify a person for admission to the legal profession in another State or Territory if the Board of Examiners is satisfied that substantially the same minimum criteria apply for the approval of academic qualifications for admission in that State or Territory as apply in Victoria;
registered education and training organisation has the same meaning as in the Education and Training Reform Act 2006;
the Act means the Conveyancers Act 2006.
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Part 2—Competency Qualifications and Experience
5 Prescribed qualifications for conveyancers
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For the purposes of section 12 of the Act, the prescribed competency qualifications are any one of the following—
Reg.5(aa) insertedby S.R. No. 73/2012 reg.5(1).
(aa) successful completion of each of the following units of competency set out in the FNS10 Financial Services Training Package published on the website Training.gov.au maintained by the Commonwealth as in force from time to time—
(i) FNSCNV501A Take instructions in relation to a transaction;
(ii) FNSCNV502A Read and interpret a legal document and provide advice ;
(iii) FNSCNV503A Analyse and interpret legal requirements for a transaction;
(iv) FNSCNV504A Prepare legal documents;
(v) FNSCNV505A Finalise the conveyancing transaction;
(vi) FNSCNV506A Establish and manage a trust account;
(vii) FNSCNV601A Identify and conduct searches;
(viii) FNSORG601A Negotiate to achieve goals and manage disputes;
Reg.5(a) amendedby S.R. No. 73/2012 reg.5(2).
(a) successful completion, by 31 December 2012, of each of the following units of competency set out in the relevant Commonwealth Government national standard published by the National Training Information Service as in force from time to time—
(i) FNSCONV501B take instructions in relation to a conveyancing transaction; and
(ii) FNSCONV502B prepare and analyse and execute documents; and
(iii) FNSCONV503B establish, manage and administer trust accounts; and
(iv) FNSCONV504B finalise conveyancing transactions; and
(v) FNSCONV601B obtain and analyse information for a conveyancing transaction; and
(vi) FNSICORG603B negotiate to achieve goals and manage disputes;
Reg.5(b) amendedby S.R. No. 73/2012 reg.5(3).
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(b) the successful completion of a recognised law degree if study for the degree commenced before 1 July 2008, together with the demonstrated competency referred to in paragraph (aa)(vi) or (a)(iii);
(c) the successful completion of a Diploma of Financial Services (Conveyancing) conducted by the Royal Melbourne Institute of Technology or Victoria University if study for the diploma commenced before 1July 2008;
Reg.5(d) amendedby S.R. No. 73/2012 reg.5(4).
(d) the successful completion of an Associate Diploma of Business (Legal Practice) or Advanced Diploma of Business (Legal Practice) conducted by a registered education and training organisation if study for the diploma commenced before 1 July 2008, together with the demonstrated competency referred to in paragraph (aa)(vi) or (a)(iii).
Note to reg.5 insertedby S.R. No. 73/2012 reg.5(5).
Note
Conditions may be imposed on a licence to carry out a conveyancing business under section 23 of the Act, including by reason of the licensee's competency qualifications and work experience, and conditions may restrict the conveyancing transactions carried out in the course of a licensee's business.
6 Prescribed experience for conveyancers
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For the purposes of section 12 of the Act, the prescribed work experience is—
(a) if an applicant is not a provisional licensee, or an applicant for a full licence within the application period referred to in Schedule 1 to the Act, and has not been awarded a recognised law degree, at least 12 months' full-time or equivalent part-time experience obtained within the period of 5 years preceding the lodgement of the applicant's application for a licence in carrying out conveyancing work in the course of employment with—
(i) a licensee who is not a provisional licensee; or
(ii) an Australian legal practitioner with an Australian practising certificate that authorises the practitioner to engage in legal practice as a principal of a law practice;
(b) if an applicant is a provisional licensee, or an applicant for a full licence within the application period referred to in Schedule 1 to the Act, and has not been awarded a recognised law degree, at least 12 months' full-time or equivalent part-time experience obtained, within the period of 5 years preceding the lodgement of the applicant's application for a licence, working as a conveyancer within the meaning of section7.1.1 of the Legal Profession Act 2004 as in force immediately before the commencement of section 190 of the Act;
(c) if an applicant has been awarded a recognised law degree—
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(i) satisfactory completion of approved practical legal training requirements or corresponding practical legal training requirements; or
(ii) at least 12 months' experience in conveyancing work obtained while employed or otherwise engaged on a full-time or the equivalent part-time basis under the supervision of—
(A) a licensee who is not a provisional licensee; or
(B) an Australian legal practitioner with an Australian practising certificate that authorises the practitioner to engage in legal practice as a principal of a law practice.
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Part 3—Fees
7 Fees for conveyancer's licence
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For the purposes of section 13(2) of the Act—
(a) the prescribed application fee is 34 fee units;
(b) the prescribed licence fee is 82 fee units.
8 Fee for application by person involved in claim for permission to hold, or continue to hold, a licence
For the purposes of section 29(3)(d) of the Act, the prescribed fee is 52 fee units.
9 Fee for application by person with criminal record for permission to hold, or continue to hold, a licence
For the purposes of section 30(3)(d) of the Act, the prescribed fee is 52 fee units.
10 Fee for application by company for permission to hold, or continue to hold, a licence
For the purposes of section 31(2)(d) of the Act, the prescribed fee is 56 fee units.
11 Annual licence fee
For the purposes of section 35(1) of the Act, the prescribed fee is 82 fee units.
12 Late payment or lodgement fee
For the purposes of section 37(1) of the Act, the prescribed fee is 1 fee unit.
13 Exemption from requirement to appoint manager
For the purposes of section 52(3) of the Act, the prescribed fee is 7 fee units.
14 Employment of disqualified persons
For the purposes of section 56(3)(d) of the Act, the prescribed fee is 30 fee units.
15 Certified copy of, or extract from, the Register
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For the purposes of section 178(4)(b) of the Act, the prescribed fee is $5.
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ENDNOTES
1. General Information
Endnotes
The Conveyancers (Qualifications, Experience and Fees) Regulations 2008, S.R.No.48/2008 were made on 27 May 2008 by the Governor in Council under section 188 of the Conveyancers Act 2006, No.75/2006 and came into operation on 1 July 2008: regulation 3.
The Conveyancers (Qualifications, Experience and Fees) Regulations 2008 will sunset 10 years after the day of making on 27 May 2018 (see section 5 of the Subordinate Legislation Act 1994).
2. Table of Amendments
Endnotes
This Version incorporates amendments made to the Conveyancers (Qualifications, Experience and Fees) Regulations 2008 by statutory rules, subordinate instruments and Acts.
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Conveyancers (Qualifications, Experience and Fees) Amendment Regulations 2012, S.R. No. 73/2012
Date of Making: / 28.6.12Date of Commencement: / 1.7.12: reg.3
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3. Explanatory Details
Endnotes
Table of Applied, Adopted or Incorporated Matter
Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
In this table—
National Standard means the competency determined by the Commonwealth Government published by the National Training Information Service as in force from time to time
Statutory Rule Provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated document /Regulation 5
Prescribed qualifications for conveyancers / National Standard / FNSCONV501B take instructions in relation to a conveyancing transaction
FNSCONV502B prepare and analyse and execute documents
FNSCONV503B establish, manage and administer trust accounts
FNSCONV504B finalise conveyancing transactions
FNSCONV601B obtain and analyse information for a conveyancing transaction
FNSICORG603B negotiate to achieve goals and manage disputes
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 73/2012 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
Statutory rule provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated documentRegulation 5(1) / Financial Services Training Package FNS10 Version 3.0 published by the Commonwealth and Innovation and Business Skills Australia Ltd and endorsed by the National Quality Council on 24February 2012 / FNSCNV501A Take instructions in relation to a transaction
FNSCNV502A Read and interpret a legal document and provide advice
FNSCNV503A Analyse and interpret legal requirements for a transaction
FNSCNV504A Prepare legal documents
FNSCNV505A Finalise the conveyancing transaction
FNSCNV506A Establish and manage a trust account
FNSCNV601A Identify and conduct searches
Statutory rule provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated document
FNSORG601A Negotiate to achieve goals and manage disputes
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