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Version No. 003

Conveyancers (Qualifications, Experience and Fees) Regulations 2008

S.R. No. 48/2008

Version incorporating amendments as at19 July 2016

TABLE OF PROVISIONSRegulation Page

Part 1—Preliminary 1

1 Objective 12 Authorising provision 13 Commencement 14 Definitions 1

Part 2—Competency qualifications and experience 3

5 Prescribed qualifications for conveyancers 36 Prescribed experience for conveyancers 6

Part 3—Fees 8

7 Fees for conveyancer's licence 88 Fee for application by person involved in claim for permission

to hold, or continue to hold, a licence 89 Fee for application by person with criminal record for

permission to hold, or continue to hold, a licence 810 Fee for application by company for permission to hold, or

continue to hold, a licence 811 Annual licence fee 812 Late payment or lodgement fee 813 Exemption from requirement to appoint manager 814 Employment of disqualified persons 815 Certified copy of, or extract from, the Register 9

═══════════════

Endnotes 10

1 General information 10

2 Table of Amendments 12

3 Amendments Not in Operation 13

4 Explanatory details 14

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Version No. 003

Conveyancers (Qualifications, Experience and Fees) Regulations 2008

S.R. No. 48/2008

Version incorporating amendments as at19 July 2016

Part 1—Preliminary1 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;

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Australian practising certificate has the same meaning as in the Legal Profession Act 2004;

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

For the purposes of section 12 of the Act, the prescribed competency qualifications are any one of the following—

(aaa) successful completion of each of the following units of competency set out in the BSB - Business Services Training Package published on the website Training.gov.au maintained by the Commonwealth as in force from time to time—

(i) BSBCNV501 Take instructions in relation to a transaction;

(ii) BSBCNV502 Read and interpret a legal document and provide advice;

(iii) BSBCNV503 Analyse and interpret legal requirements for a transaction;

(iv) BSBCNV504 Prepare legal documents;

(v) BSBCNV505 Finalise the conveyancing transaction;

(vi) BSBCNV506 Establish and manage a trust account;

(vii) BSBCNV601 Identify and conduct searches;

(viii) FNSORG601 Negotiate to achieve goals and manage disputes;

(aa) successful completion, by 20 July 2016, 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

Reg. 5(aaa) inserted by S.R. No. 87/2016 reg. 3(a).

Reg. 5(aa) inserted by S.R. No. 73/2012 reg. 5(1), amended by S.R. No. 87/2016 reg. 3(b).

Part 1—Preliminary

Conveyancers (Qualifications, Experience and Fees) Regulations 2008S.R. No. 48/2008

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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;

(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

Reg. 5(a) amended by S.R. No. 73/2012 reg. 5(2).



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(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;

(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 (aaa)(vi), (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 1 July 2008;

(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 (aaa)(vi), (aa)(vi) or (a)(iii).

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.

Reg. 5(b) amended by S.R. Nos 73/2012 reg. 5(3), 87/2016 reg. 3(c).

Reg. 5(d) amended by S.R. Nos 73/2012 reg. 5(4), 87/2016 reg. 3(d).

Note to reg. 5 inserted by S.R. No. 73/2012 reg. 5(5).



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6 Prescribed experience for conveyancers

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 section 7.1.1 of the Legal Profession Act 2004 as in force immediately before the commencement of section 190 of the Act;



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(c) if an applicant has been awarded a recognised law degree—

(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—Fees7 Fees for conveyancer's licence

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


10 Fee for application by company for permission to hold, or continue to hold, a licence


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




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15 Certified copy of, or extract from, the Register

For the purposes of section 178(4)(b) of the Act, the prescribed fee is $5.

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

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).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).



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http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).



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2 Table of AmendmentsThis publication incorporates amendments made to the Conveyancers (Qualifications, Experience and Fees) Regulations 2008 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

Conveyancers (Qualifications, Experience and Fees) Amendment Regulations 2016, S.R. No. 87/2016

Date of Making: 19.7.16Date of Commencement: 19.7.16

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.



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4 Explanatory detailsTable 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 5Prescribed qualifications for conveyancers

National Standard FNSCONV501B take instructions in relation to a conveyancing transactionFNSCONV502B prepare and analyse and execute documentsFNSCONV503B establish, manage and administer trust accountsFNSCONV504B finalise conveyancing transactionsFNSCONV601B obtain and analyse information for a conveyancing transactionFNSICORG603B negotiate to achieve goals and manage disputes

——



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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.




Regulation 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 24 February 2012

FNSCNV501A Take instructions in relation to a transactionFNSCNV502A Read and interpret a legal document and provide adviceFNSCNV503A Analyse and interpret legal requirements for a transactionFNSCNV504A Prepare legal documentsFNSCNV505A Finalise the conveyancing transaction

FNSCNV506A Establish and manage a trust accountFNSCNV601A Identify and conduct searches

FNSORG601A Negotiate to achieve goals and manage disputes

——



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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 87/2016 accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.




Regulation 3 Business Services Training Package BSB Version 2.0 published by the Commonwealth and Innovation and Business Skills Australia and endorsed by the Australian Industry and Skills Committee on 12 October 2015.

BSBCNV501 Take instructions in relation to a transactionBSBCNV502 Read and interpret a legal document and provide adviceBSBCNV503 Analyse and interpret legal requirements for a transactionBSBCNV504 Prepare legal documentsBSBCNV505 Finalise the conveyancing transactionBSBCNV506 Establish and manage a trust accountBSBCNV601 Identify and conduct searchesFNSORG601 Negotiate to achieve goals and manage disputes



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Documents

Conveyancers (Qualifications, Experience and Fees ...FILE/08-48sr003.docx · Web viewConveyancers (Qualifications, Experience and Fees) ... Australian practising certificate has the