You will require this licence if you intend to undertake conveyancing work for a fee or a reward. Conveyancing is the process of transferring the legal title of land or property from a seller to a buyer. This includes, but is not limited to:
- Preparing and advising on contracts for the sale of real estate;
- Conducting title searches and making enquiries with various government departments;
- Preparing and advising on transfer, mortgage or lease documentation; and
- Attending to exchange-of-contracts and settlements procedures.
Conveyancing can also refer to transactions which do not involve the transfer of interests in land. For example, conveyancing can include the transfer of small businesses, including the transfer of goodwill, business names, and stock-in-trade.
Legal practitioners do not require this approval to operate. Conveyancers must not own a business or be employed in a real estate agency or mortgage broking.
Please consult the Contact Officer for more information.
A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.
To be eligible for this licence you must:
- Hold suitable certification of completion of an appropriate course of study delivered by a registered training provider, and / or be competent to complete a course relating to Tasmanian local requirements and to sit an appropriate examination related to conveyancing matters as determined by the authorising agency;
- Have two years of full-time practical experience, or equivalent, in conveyancing work gained in a licensed conveyancer's office, legal practitioner's office or any business or government department where conveyancing work is regularly undertaken, which must be achieved not more than three years prior to applying for a licence;
- Demonstrate that you are not disqualified from holding the licence, that you are not bankrupt, and that you have not been convicted of an indictable offence in the preceding five years;
- Hold professional indemnity insurance; and
- Pay any required fees.
You cannot operate in Tasmania using your interstate licence without first applying for Mutual Recognition. Mutual Recognition only applies to individuals who hold current registration in an equivalent occupation. Individuals that hold a current registration / licence that authorises them to practise their occupation in one State or Territory of Australia can receive an equivalent registration in another State or Territory, provided the occupation is an equivalent registration occupation.
Transitional arrangements may apply in regard to comparable qualifications and experience. If you intend to make an application under these arrangements, please consult the Contact Officer for more information on the application and assessment process.
In addition to a completed application form, you must provide the following supporting documentation:
- Proof of identification and evidence of professional indemnity insurance cover;
- A police convictions report;
- A bankruptcy report;
- Evidence of your qualifications and confirmation from the Law Society of Tasmania that you are not a disqualified legal practitioner; and
- Confirmation from the Property Agents Board that you are not the holder of a licence under the property agents legislation.
Your application for licence renewal must be lodged at least twenty working days before the expiry of your licence.
Your application must be lodged at a Service Tasmania outlet.
Department of Justice
Consumer Building and Occupational Services
Conveyancing Act 2004 (Tasmania)
Conveyancing Regulations 2015 (Tasmania)
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