Conveyancers (Qualifications, Experience and Fees) Regulations 2008

Conveyancers (Qualifications, Experience and Fees) Regulations 2008 S.R. No. 48/2008 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Definitions 2 PART 2—COMPETENCY QUALIFICATIONS AND EXPERIENCE 4 5 Prescribed qualifications for conveyancers 4 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 ═══════════════ ENDNOTES 9 i -- 1 of 11 -- STATUTORY RULES 2008 S.R. No. 48/2008 Conveyancers Act 2006 Conveyancers (Qualifications, Experience and Fees) Regulations 2008 The Governor in Council makes the following Regulations: Dated: 27 May 2008 Responsible Minister: TONY ROBINSON Minister for Consumer Affairs RYAN HEATH Clerk of the Executive Council 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. 1 -- 2 of 11 -- Part 1—Preliminary Conveyancers (Qualifications, Experience and Fees) Regulations 2008 S.R. No. 48/2008 r. 4 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; 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 2 -- 3 of 11 -- Part 1—Preliminary Conveyancers (Qualifications, Experience and Fees) Regulations 2008 S.R. No. 48/2008 r. 4 (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. __________________ 3 -- 4 of 11 -- Part 2—Competency Qualifications and Experience Conveyancers (Qualifications, Experience and Fees) Regulations 2008 S.R. No. 48/2008 r. 5 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— (a) demonstrated competency in each of the following subject matters 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; (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 (a)(iii); 4 -- 5 of 11 -- Part 2—Competency Qualifications and Experience Conveyancers (Qualifications, Experience and Fees) Regulations 2008 S.R. No. 48/2008 r. 6 (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 (a)(iii). 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; 5 -- 6 of 11 -- Part 2—Competency Qualifications and Experience Conveyancers (Qualifications, Experience and Fees) Regulations 2008 S.R. No. 48/2008 r. 6 (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; (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. __________________ 6 -- 7 of 11 -- Part 3—Fees Conveyancers (Qualifications, Experience and Fees) Regulations 2008 S.R. No. 48/2008 r. 7 PART 3—FEES 7 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 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. 7 -- 8 of 11 -- Part 3—Fees Conveyancers (Qualifications, Experience and Fees) Regulations 2008 S.R. No. 48/2008 r. 15 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. ═══════════════ 8 -- 9 of 11 -- Conveyancers (Qualifications, Experience and Fees) Regulations 2008 S.R. No. 48/2008 Endnotes ENDNOTES Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 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 9 -- 10 of 11 -- Conveyancers (Qualifications, Experience and Fees) Regulations 2008 S.R. No. 48/2008 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document FNSICORG603B negotiate to achieve goals and manage disputes 10 -- 11 of 11 --