Tasmanian Numbered Acts

CONVEYANCING ACT 2004 (NO. 22 OF 2004) - SECT 3

3. Interpretation

      (1) In this Act –

"approved institution" has the same meaning as in the Auctioneers and Real Estate Agents Act 1991 ;

"authorised officer" means an authorized officer within the meaning of the Consumer Affairs Act 1988 ;

"commission" means any monetary consideration or any other form of consideration to which a monetary value may be assigned;

"conveyancer" means a person who is not a legal practitioner and who carries on a business that involves the preparation for fee or reward of –

(a) dealings within the meaning of the Land Titles Act 1980 ; or

(b) instruments for the purposes of any other Act or law as provided by an order made under subsection (2);

"Court" means the Magistrates Court (Administrative Appeals Division);

"Director" means the Director of Consumer Affairs and Fair Trading;

"document" means any record of information, and includes –

(a) anything on which there is writing; and

(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and

(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and

(d) a map, plan, drawing or photograph –

and a reference in this Act to a document includes a reference to –

(e) any part of the document; and

(f) any copy, reproduction or duplicate of the document or of any part of the document; and

(g) any part of such a copy, reproduction or duplicate;

"fiduciary default" means –

(a) a defalcation, misappropriation or misapplication of trust money held by a conveyancer; or

(b) the failure of a conveyancer to account for trust money held by the conveyancer; or

(c) a breach of any duty by a conveyancer as trustee in respect of trust money held by the conveyancer;

"legal practitioner" has the same meaning as in the Legal Profession Act 1993 ;

"licence" means a licence granted and in force under this Act to carry on business as a conveyancer;

"prescribed offence" means –

(a) an offence involving dishonesty, whether committed in Tasmania or elsewhere; or

(b) an offence involving violence, whether committed in Tasmania or elsewhere; or

(c) an offence under Part V of the Poisons Act 1971 or a similar offence under the law of another State; or

(d) an offence relating to the possession and use of a firearm, or any other weapon, that would disqualify the applicant from holding a licence under the Firearms Act 1996 ; or

(e) an offence against this Act;

"professional indemnity insurance" means insurance against civil liability arising in connection with carrying on business as a conveyancer (whether the liability arises from an act or omission on the part of the insured conveyancer or on the part of another person);

"regulations" means regulations made and in force under this Act;

"trust account" means an account in which trust money is required to be deposited by a conveyancer;

"trust money" , in respect of a conveyancer, means money –

(a) that is received by the conveyancer on behalf of another person when acting as a conveyancer; and

(b) to which the conveyancer is not wholly entitled.

      (2) The Minister may, by order published in the Gazette , extend the application of this Act to instruments prepared for the purposes of any other Act or law.