South Australia
Land and Business (Sale and Conveyancing) Regulations 1995
under the Land and Business (Sale and Conveyancing) Act 1994

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Interpretation
Part 2—Contracts for sale of land or businesses
4	Forms
5	Qualified accountant
6	Cooling-off—form of certificate of legal practitioner as to independent advice
6A	Sale of land—instalment agreements
7	Sale of land—form of vendor's statement
8	Sale of land—particulars required, prescribed encumbrances and prescribed matters
9	Sale of small business—form of vendor's statement
10	Sale of small business—prescribed particulars
11	Sale of small business—form of accountant's certificate
12	Sale of land—prescribed inquiries
13	Sale of land—form of agent's certificate
14	Auctioneer to make statements available
15	Sale of land—provision of information etc by councils, statutory authorities and prescribed bodies
15A	Prescribed notice to be given to purchaser
16	Defences
16A	Authority to act as agent
16B	Requirements relating to offers to purchase residential land
16C	Financial and investment advice
16D	Agent to disclose certain benefits connected with sale or purchase
16E	Agent to supply valuation in prescribed circumstances
16F	Agent not to act for both purchaser and vendor of land or business
16G	Restriction on obtaining beneficial interest where agent authorised to sell or appraises property
16H	Prescribed standard conditions for auctions of residential land
16I	Preliminary actions and records required for auctions of residential land
16J	Collusive practices at auctions of land or businesses
Part 3—Dual representation
17	Circumstances in which conveyancer may act for both parties
18	Conveyancer must cease to act if conflict of interest arises
19	Meaning of conflict of interest
Part 4—Miscellaneous
20	Keeping of records
Schedule 1—Contracts for sale of land or businesses—forms
Schedule 1A—Prescribed notice to be given to purchaser
Schedule 2—Contracts for sale of land or businesses—bodies to whom inquiries are to be made
Schedule 2A—Financial and investment advice—specified information and warnings
Schedule 2B—Disclosure of benefits
Schedule 2C—Prescribed standard conditions for auctions of residential land
1	Prescribed standard conditions
Schedule 2D—Collusive practices at auctions of land or businesses
Schedule 3—Contracts for sale of land or businesses—fees
Schedule 4—Dual representation—forms
Schedule 5—Transitional provisions
1	Section 90 statements prepared before commencement of Act
2	Section 91 statements prepared before commencement of Act
Legislative history
Appendix—Divisional penalties and expiation fees

Part 1—Preliminary
1—Short title
These regulations may be cited as the Land and Business (Sale and Conveyancing) Regulations 1995.
2—Commencement
These regulations will come into operation on the day on which the Land and Business (Sale and Conveyancing) Act 1994 comes into operation.
3—Interpretation
	(1)	In these regulations, unless the contrary intention appears—
Act means the Land and Business (Sale and Conveyancing) Act 1994;
council, in relation to land being sold, means the council in whose area the land is situated;
Crown lease means a leasehold interest granted by the Crown under an Act;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
prescribed body means a body prescribed for the purposes of section 12(2) of the Act (see regulation 15).
	(2)	In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in Schedule 1.
	(3)	In these regulations, a reference to the type size of printed or typewritten material is to be taken to be a reference to that type size when produced in Times New Roman font.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.

Part 2—Contracts for sale of land or businesses
4—Forms
A form set out in Schedule 1 must be completed in accordance with the instructions contained in the form and, if a form indicates that a particular document is to be attached to the form, that document must be so attached.
5—Qualified accountant
For the purposes of paragraph (a) of the definition of qualified accountant in section 3 of the Act, the required qualification in accounting is membership of—
	(a)	CPA Australia; or
	(b)	the Institute of Chartered Accountants in Australia; or
	(c)	the National Institute of Accountants; or
	(d)	the Association of Taxation and Management Accountants; or
	(e)	the National Tax and Accountants' Association Limited as a Fellow.
6—Cooling-off—form of certificate of legal practitioner as to independent advice
For the purposes of section 5(7)(b) of the Act, the form of certificate set out in Part A of Form 3 is approved for use by a legal practitioner certifying as to the giving of independent legal advice to a purchaser before the purchaser enters into a contract for the sale of land or a small business.
6A—Sale of land—instalment agreements
Pursuant to subsection (4)(b) of section 6 of the Act, that section does not apply in relation to a contract for the sale of land by the Minister for Infrastructure, or by the Land Management Corporation with respect to sale deferred purchase arrangements under the Industrial and Commercial Premises Scheme.
7—Sale of land—form of vendor's statement
For the purposes of section 7(1) of the Act, a statement is in the required form if it comprises—
	(a)	Parts A, B and C of Form 1; and
	(b)	such parts of the table of particulars set out in Division 1 of the Schedule of Form 1 as contain mortgages (item 1) and prescribed encumbrances items 2 to 7 (inclusive); and
	(c)	such other parts of that table as contain the prescribed encumbrances and charges (items 8 to 57 inclusive) that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale; and
	(d)	if the vendor obtained title to the land within 12 months before the date of the contract of sale—that part of Division 2 of the Schedule of Form 1 headed "Particulars of transactions in last 12 months"; and
	(e)	such other parts of Division 2 of the Schedule of Form 1 as contain the matters that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale.
8—Sale of land—particulars required, prescribed encumbrances and prescribed matters
For the purposes of section 7(1)(b) of the Act—
	(a)	the particulars required to be set out in the vendor's statement are the particulars required by the Schedule of Form 1;
	(b)	the encumbrances specified in Division 1 of the Schedule of Form 1 are prescribed encumbrances;
	(c)	the matters specified in Division 2 of the Schedule of Form 1 are prescribed matters to the extent that they affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale.
9—Sale of small business—form of vendor's statement
For the purposes of section 8(1) of the Act, a statement is in the required form if it comprises—
	(a)	Parts A, B, C and D of Form 2; and
	(b)	Schedule 1 of Form 2; and
	(c)	if land is sold under a contract for the sale of a small business—
	(i)	such parts of the table of particulars set out in Form 2 Schedule 2 Division 1 as contain mortgages (item 1) and prescribed encumbrances items 2 to 7 (inclusive); and
	(ii)	such other parts of that table as contain prescribed encumbrances and charges (items 8 to 57 inclusive) that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale; and
	(iii)	if the vendor obtained title to the land within 12 months before the date of the contract of sale—that part of Form 2 Schedule 2 Division 2 headed "Particulars of transactions in last 12 months"; and
	(iv)	such other parts of Form 2 Schedule 2 Division 2 as contain the matters that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale; and
	(d)	if the matters set out under the heading "Particulars relating to environment protection" or the heading "Particulars relating to the Stock Act 1990" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, the business subject to the sale—the parts of that Division that contain those matters.
10—Sale of small business—prescribed particulars
For the purposes of section 8(1)(b) of the Act, the prescribed particulars are—
	(a)	the particulars set out in Form 2 Schedule 1; and
	(b)	the particulars set out in Form 2 Schedule 2 Division 2 under the headings "Particulars relating to environment protection" and "Particulars relating to the Stock Act 1990" to the extent that the matters set out under those headings affect, presently or prospectively, the business the subject of the sale.
11—Sale of small business—form of accountant's certificate
For the purposes of section 8(2) of the Act, the certificate to be signed by or on behalf of a qualified accountant must be in the form set out in Part D of Form 2.
12—Sale of land—prescribed inquiries
	(1)	For the purposes of section 9(1)(a) and (2)(a) of the Act, the following inquiries in relation to land subject to a sale are prescribed:
	(a)	to inquire of the vendor as to what mortgages, charges, prescribed encumbrances and prescribed matters affect, presently or prospectively, title to, or the possession or enjoyment of, the land; and
	(b)	to search any title kept at the Lands Titles Registration Office on which is entered any interest that affects, presently or prospectively, title to, or the possession or enjoyment of, the land and to obtain particulars of any such interest; and
	(c)	to request the vendor to produce any document in the possession of the vendor relating to any mortgage, charge or prescribed encumbrance to which the land is subject, or relating to any prescribed matter that affects, presently or prospectively, title to, or the possession or enjoyment of, the land and to inspect any document so produced; and
	(d)	if a document referred to in paragraph (c) is no longer in the possession of the vendor, to take all practicable measures to inspect the original or a copy of such a document; and
	(e)	to inquire from the vendor and the council as to the existence of insurance under Division 3 of Part 5 of the Building Work Contractors Act 1995 (or the repealed Builders Licensing Act 1986) in relation to any building work on the land; and
	(f)	to inquire—
	(i)	in relation to a charge or prescribed encumbrance specified in column 1 of table 1 in Schedule 2, of the bodies specified in column 2 opposite, whether or not the council, a statutory authority or a prescribed body has the benefit of such a charge or prescribed encumbrance over the land; and
	(ii)	in relation to a matter specified in column 1 of table 2 in Schedule 2, of the bodies specified in column 2 opposite, whether or not the matter affects, presently or prospectively, title to, or the possession or enjoyment of, the land; and
	(g)	to seek, from the vendor and the bodies specified in column 2 of the tables set out in Schedule 2, the particulars and documentary material required by the relevant part of the prescribed form of all mortgages, charges, prescribed encumbrances and prescribed matters in relation to which inquiries are made in accordance with paragraphs (a), (e) and (f); and
	(h)	if a community lot (including a strata lot) or a development lot under the Community Titles Act 1996 or a unit under the Strata Titles Act 1988 is being sold, to seek from the vendor and the community or strata corporation the particulars and documentary material required by the relevant part of the prescribed form in relation to the lot or unit.
	(2)	In subregulation (1) a reference to the relevant part of the prescribed form is a reference to—
	(a)	in the case of the sale of land not under a contract for the sale of a business—the Schedule of Form 1;
	(b)	in the case of the sale of land under a contract for the sale of a small business—Schedule 2 of Form 2.
13—Sale of land—form of agent's certificate
For the purposes of section 9(1)(b) and (2)(b) of the Act, the certificate signed by the agent must—
	(a)	if land is being sold but not under a contract for the sale of a business—be in the form set out in Part D of Form 1;
	(b)	if land is being sold under a contract for the sale of a small business—be in the form set out in Part E of Form 2.
14—Auctioneer to make statements available
For the purposes of section 11(b) of the Act, an auctioneer must cause public advertisement of the times and places at which a vendor's statement may be inspected to be included (in the form set out in Form 4)—
	(a)	in each public notice of the sale of the land or small business; or
	(b)	if the sale is notified in a newspaper, magazine or other publication, to be displayed prominently, in the advertisement or block of advertisements containing the notice of the sale.
15—Sale of land—provision of information etc by councils, statutory authorities and prescribed bodies
	(1)	For the purposes of section 12(1), (2) and (3) of the Act, a council, statutory authority or prescribed body must provide such particulars and documentary material as regulation 12 requires to be sought from that body.
	(1a)	For the purposes of section 12(2) of the Act, an administrative unit of the Public Service is a prescribed body.
	(2)	For the purposes of section 12(3) of the Act, an application must be accompanied by—
	(a)	the appropriate fee set out in Schedule 3; and
	(b)	the following documents:
	(i)	in the case of an application relating to land in respect of which a certificate of title has been issued under the Real Property Act 1886—a copy of the original certificate of title or duplicate certificate of title;
	(ii)	in the case of an application relating to land subject to a lease granted by the Crown under an Act—a copy of the lease;
	(iii)	in any other case—a copy of a document of title that sufficiently identifies the land in relation to which the application is made.
15A—Prescribed notice to be given to purchaser
For the purposes of section 13A of the Act, the prescribed notice must be printed or typewritten in not smaller than 12‑point type and in the form, and contain the information, set out in Schedule 1A.
16—Defences
For the purposes of section 16 of the Act—
	(a)	the persons and bodies to which inquiries to obtain information are required to be made are as follows:
	(i)	for information relating to a mortgage, charge or prescribed encumbrance specified in column 1 of table 1 set out in Schedule 2—the persons and bodies specified in column 2 opposite;
	(ii)	for information relating to a matter specified in column 1 of table 2 set out in Schedule 2—the persons and bodies specified in column 2 opposite;
	(iii)	for information relating to a community lot (including a strata lot), a development lot or a community corporation under the Community Titles Act 1996 or a unit or strata corporation under the Strata Titles Act 1988 —the community or strata corporation;
	(b)	the certificate signed by the legal practitioner must be in the form set out in Part A of Form 3;
	(c)	the instrument of waiver signed by the purchaser must be in the form set out in Part B of Form 3.
16A—Authority to act as agent
	(1)	For the purposes of section 20(1)(c)(ii) of the Act, the prescribed number of days is 90.
	(2)	For the purposes of section 20(1)(e) of the Act, a sales agency agreement must comply with the following:
	(a)	the agreement must be printed or typewritten in not smaller than 12‑point type, however, variations to the sales agency agreement may be handwritten provided they are legible;
	(b)	the agreement must specify—
	(i)	the land that is the subject of the agreement (whether by street address or description sufficient to identify the land); and
	(ii)	the full names of the vendor and agent; and
	(iii)	the agent's registration number; and
	(iv)	the chattels that are included in or excluded from sale; and
	(v)	details of the circumstances in which the agent will be entitled to receive commission or fees for the sale of the land, including circumstances in which the sale may not be attributable to the agent, or may not be directly or completely attributable to the agent;
	(c)	the agreement must contain a term by which the agent warrants that the agent will comply with all the agent's obligations under the Act and these regulations and will act in the vendor's best interests.
	(3)	Auctioneers are exempt from the requirements of section 20(1) and (3) of the Act insofar as they act on behalf of a vendor or purchaser in the sale of land or a business only by performing the functions of an auctioneer, including having or exercising an auctioneer's authority to sign a contract for the sale of land or a business on behalf of the vendor or purchaser after the fall of the hammer to the highest bidder at an auction.
	(4)	An agent is exempt from the requirements of section 20(1) and (3) of the Act insofar as the agent acts, in the sale of land or a business, on behalf of—
	(a)	the South Australian Housing Trust; or
	(b)	the Public Trustee.
	(5)	An agent is exempt from the requirement of section 20(1)(c)(ii) of the Act to specify the duration of a sales agency agreement insofar as—
	(a)	the agent acts, in the sale of the land that is the subject of the agreement, on behalf of a vendor who carries on the business of a developer of land; and
	(b)	the land or part of the land has been subdivided by the vendor.
16B—Requirements relating to offers to purchase residential land
For the purposes of section 21(1)(a) and (2)(a) of the Act, an offer for residential land must contain the following details:
	(a)	the offer must, if it is in the form of a contract of sale document, include the following statement at the head of the document printed or typewritten in not smaller than 12‑point bold type:
Notice to purchaser:
This is a contract for the sale of residential land. You may be bound by the terms of this contract if it is signed by both you and the vendor. You should seek independent legal advice if you are unsure about the terms contained in this contract. Contracts for the sale of land may be subject to a 2 day cooling‑off period (exercisable by the purchaser) under section 5 of the Land and Business (Sale and Conveyancing) Act 1994;
	(b)	the offer must, in any other case—
	(i)	be headed "NOTICE OF OFFER TO PURCHASE RESIDENTIAL LAND" printed or typewritten in upper case type not smaller than 14‑point followed by the following statement printed or typewritten in not smaller than 12‑point bold type:
Note:
This is not a contract of sale document. Both the purchaser and vendor must sign a contract of sale document before this offer becomes legally binding. An offer may be withdrawn at any time before signing a contract of sale document. Contracts of sale may also be subject to a 2 day cooling‑off period (exercisable by the purchaser) under section 5 of the Land and Business (Sale and Conveyancing) Act 1994; and
	(ii)	include the following details, printed or typewritten in not smaller than 12‑point type:
	(A)	the full name of the offeror;
	(B)	the land that is the subject of the offer (whether by street address or description sufficient to identify the land);
	(C)	the amount of the offer;
	(D)	any conditions to which the offer is subject (for example, finance, sale of another property or satisfactory building or land inspection report);
	(E)	the proposed date of settlement or length of time between the signing of the contract of sale and settlement.
16C—Financial and investment advice
For the purposes of section 24B of the Act, the specified information or warnings to be given to a person in respect of financial or investment advice must be in the form set out in Schedule 2A printed or typewritten in not smaller than 12‑point type.
16D—Agent to disclose certain benefits connected with sale or purchase
For the purposes of section 24C(2) of the Act, the disclosure must be in the form set out in Schedule 2B printed or typewritten in not smaller than 12‑point type.
16E—Agent to supply valuation in prescribed circumstances
	(1)	For the purposes of section 24E of the Act, the prescribed circumstances in relation to the sale of land by an agent are circumstances in which—
	(a)	the agent or a sales representative or another person employed by the agent has made unsolicited contact (other than by advertisement or mail) with the owner of the land; and
	(b)	as a result of that contact, the agent has been authorised to sell the land on behalf of the owner; and
	(c)	negotiations by the agent or sales representative for the sale of the land commence or are to commence with any person without prior advertising of the land by the agent for sale to the public.
	(2)	An application for the approval of the Commissioner under section 24E(1) of the Act must be made to the Commissioner in the form approved by the Commissioner.
16F—Agent not to act for both purchaser and vendor of land or business
Auctioneers are exempt from the application of section 24F of the Act insofar as they act on behalf of both a vendor and purchaser in the sale of land or a business only by performing the functions of an auctioneer, including having or exercising an auctioneer's authority to sign a contract for the sale of land or a business on behalf of the vendor or purchaser after the fall of the hammer to the highest bidder at an auction.
16G—Restriction on obtaining beneficial interest where agent authorised to sell or appraises property
	(1)	For the purposes of section 24G(5) of the Act—
	(a)	the Commissioner may approve the obtaining by the agent or sales representative of a beneficial interest in the land or business on application by the agent or sales representative to the Commissioner in the form approved by the Commissioner; and
	(b)	the Commissioner may require the applicant to provide the Commissioner with specified information to enable the Commissioner to determine the application, verified, if the Commissioner so requires, by statutory declaration; and
	(c)	the Commissioner may refuse the application—
	(i)	if the applicant has not provided the information required by the application or the Commissioner; or
	(ii)	if, in the opinion of the Commissioner—
	(A)	the information provided by the applicant is inaccurate, incomplete or calculated to mislead; or
	(B)	the agent or sales representative is not acting in the best interests of the vendor; or
	(C)	the vendor is likely to suffer detriment as a result of the transaction; or
	(iii)	if, in the case of an application relating to the obtaining by an agent or sales representative of a beneficial interest in land, the agent or sales representative has not—
	(A)	arranged a formal written valuation of the land, at the agent's or sales representative's own expense, by a person authorised to carry on business as a land valuer under the Land Valuers Act 1994 and approved by the Commissioner; and
	(B)	furnished the vendor with a copy of the land valuer's report.
	(2)	For the purposes of paragraph (e) of the definition of associate in section 24G(11) of the Act, a relationship between the agent or sales representative and a person is prescribed if the agent or sales representative will, to the knowledge of the agent or sales representative, receive a benefit from the other person in connection with a transaction or dealing relating to the land or business subsequent to the agent or sales representative successfully negotiating the sale of the land or business for the vendor.
	(3)	An agent is exempt from the requirements of section 24G(1) and (9) of the Act in relation to the obtaining of a beneficial interest in land or a business that the agent is authorised to sell if—
	(a)	the beneficial interest is obtained as a result of the sale of the land or business; and
	(b)	the sale is by public auction that satisfies the requirements of subregulation (7).
	(4)	A sales representative employed by an agent is exempt from the requirements of section 24G(2) of the Act in relation to the obtaining of a beneficial interest in land or a business that the agent is authorised to sell if—
	(a)	the beneficial interest is obtained as a result of the sale of the land or business; and
	(b)	the sale is by public auction that satisfies the requirements of subregulation (7).
	(5)	An agent is exempt from the requirements of section 24G(3) of the Act in relation to the obtaining of a beneficial interest in land or a business that the agent appraises if—
	(a)	the beneficial interest is obtained as a result of the sale of the land or business following the appraisal; and
	(b)	the sale is by public auction that satisfies the requirements of subregulation (7).
	(6)	A sales representative is exempt from the requirements of section 24G(3) of the Act in relation to the obtaining of a beneficial interest in land or a business that the sales representative appraises if—
	(a)	the beneficial interest is obtained as a result of the sale of the land or business following the appraisal; and
	(b)	the sale is by public auction that satisfies the requirements of subregulation (7).
	(7)	A public auction of land or a business satisfies the requirements of this subregulation if details of the auction have been advertised, at least once per week over a period of at least 2 consecutive weeks immediately before the auction, in a newspaper circulating generally throughout the State or the area in which the land or business is situated.
16H—Prescribed standard conditions for auctions of residential land
For the purposes of section 24I of the Act, the conditions set out in Schedule 2C are prescribed standard conditions for an auction conducted by an agent for the sale of residential land, binding as between—
	(a)	the vendor and the purchaser; and
	(b)	the vendor and the auctioneer; and
	(c)	the bidders and the auctioneer.
16I—Preliminary actions and records required for auctions of residential land
	(1)	For the purposes of section 24J(1)(b) of the Act, all prescribed standard conditions for an auction conducted by an agent for the sale of residential land must be audibly announced by the auctioneer to the members of the public attending the auction immediately before the commencement of the auction.
	(2)	For the purposes of section 24J(1)(c), (e) and (j) of the Act—
	(a)	the following details relating to an auction must be included in the auction record before the commencement of the auction:
	(i)	the street address of the land or a description of the land sufficient to identify it;
	(ii)	the full name of the vendor, the responsible agent and the auctioneer;
	(iii)	the date and time of the auction;
	(iv)	for the bidders register—
	(A)	the full name and address of each person intending to bid at the auction (subject to the requirements of paragraph (c)); and
	(B)	a general description of the proof of identity produced by the person in accordance with paragraph (c) and the signature of the agent verifying that the agent has sighted it; and
	(C)	if the intending bidder is proposing to bid on behalf of another person, the full name and address of the other person and a statement that the intending bidder is proposing to bid on behalf of that person;
	(b)	the following details relating to bidding or subsequent events must be entered in the auction record:
	(i)	for the bidders register if the auction is interrupted in order to register a further person as an intending bidder in the register—
	(A)	the full name and address of the person (subject to the requirements of paragraph (c)); and
	(B)	a general description of the proof of identity produced by the person in accordance with paragraph (c) and the signature of the agent verifying that the agent has sighted it; and
	(C)	if the intending bidder is proposing to bid on behalf of another person, the full name and address of the other person and a statement that the intending bidder is proposing to bid on behalf of that person; and
	(ii)	if the land is sold at the auction—
	(A)	the full name and address of the purchaser; and
	(B)	the amount for which the land was sold;
	(iii)	if the land is passed in at the auction but the auctioneer, on the same day, conducts further negotiations for the sale of the land with a person by whom, or on whose behalf, a bid for the land was made at the auction (whether or not resulting in a sale)—
	(A)	the full name and address of that person; and
	(B)	the amounts offered by that person for the land during those negotiations; and
	(C)	in the case of a resulting sale of the land on that day to that person—the amount for which the land was sold;
	(c)	details of an intending bidder must not be entered in the bidders register unless—
	(i)	the intending bidder has produced to the agent proof of his or her identity in the form of a drivers licence, passport, credit or debit card or gas, electricity or telephone account or similar document or card issued to the person; and
	(ii)	if the intending bidder is proposing to bid on behalf of another person, the bidder has—
	(A)	provided to the agent a written authority to so act signed by the other person; and
	(B)	produced to the agent proof of the other person's identity in the form of a drivers licence, passport, credit or debit card or gas, electricity or telephone account or similar document or card issued to the other person, or, in the case of a body corporate, the certificate of the body's incorporation.
	(3)	For the purposes of subregulation (2)(c)(ii), an authority or proof of identity may be an original document or a photocopy, facsimile copy or electronically scanned copy of the original document.
	(4)	There are exemptions from the application of section 24J(3) of the Act as follows:
	(a)	the responsible agent or, if a different person, the auctioneer is exempt insofar as the agent or auctioneer—
	(i)	discloses or makes use of information in the auction record relating to a person accepted by the auctioneer as having made the highest bid above the reserve price for a purpose connected with the auction or sale of the land on behalf of the vendor; or
	(ii)	discloses to the vendor the name of a person registered in the bidders register (whether as a bidder or a person on whose behalf bids may be made); or
	(iii)	discloses or makes use of information in the auction record as permitted by section 24J(3) of the Act;
	(b)	the vendor is exempt insofar as the vendor discloses or makes use of information in the auction record disclosed to the vendor under this regulation;
	(c)	a person who has the auction record or has had access to it is exempt insofar as the person does anything with respect to the record, or information in it, for the purposes of the administration or enforcement of the Act or as required or authorised by a court or tribunal constituted by law.
16J—Collusive practices at auctions of land or businesses
For the purposes of section 24L(3) of the Act, notice of the material parts of that section—
	(a)	must, in the case of the sale of residential land by auction—
	(i)	include the information set out in the form in Schedule 2D printed or typewritten in not smaller than 12‑point type; and
	(ii)	be supplied to each intending bidder when the person's details are being taken for entry in the bidders register; and
	(b)	must, in the case of the sale by auction of any other land or a business—
	(i)	include the information set out in the form in Schedule 2D; and
	(ii)	be audibly announced by the auctioneer to the members of the public attending the auction immediately before the auction commences.

Part 3—Dual representation
17—Circumstances in which conveyancer may act for both parties
	(1)	For the purposes of section 30 of the Act, a conveyancer is authorised to act for both the transferor and transferee, or the grantor and grantee, of property or rights under a transaction if—
	(a)	the transferor and transferee or the grantor and grantee (in this Part referred to as both parties)—
	(i)	are related to one another by blood, adoption or marriage; or
	(ii)	are domestic partners one of the other; or
	(iii)	are bodies corporate that are related to each other for the purposes of the Corporations Act 2001 of the Commonwealth; or
	(iv)	are a proprietary company and a person who is a shareholder or director of that company; or
	(v)	are registered as the proprietors of the relevant land as tenants in common or joint tenants with one another; or
	(vi)	carry on business in partnership with each other; or
	(b)	the conveyancer has obtained from both parties a written acknowledgment, or general authority, in the form set out in Schedule 4.
	(2)	However, a conveyancer is not authorised to act for both parties to a transaction if the conveyancer is subject to a conflict of interest in relation to the transaction.
18—Conveyancer must cease to act if conflict of interest arises
	(1)	If, in the course of acting for both parties to a transaction, the conveyancer becomes subject to a conflict of interest in relation to the transaction, the conveyancer must notify both parties in writing and cease to act in the matter.
Penalty: Division 7 fine.
	(2)	However, if both parties agree in writing that the conveyancer may continue to act for one of them, the conveyancer may continue to act for that party.
19—Meaning of conflict of interest
For the purposes of this Part, a conveyancer is subject to a conflict of interest in relation to a transaction if—
	(a)	the duties owed by the conveyancer to one party to the transaction conflict with the duties owed by the conveyancer to the other party to the transaction (for example, if the conveyancer is obliged, in fulfilling his or her duty to one party, to withhold information or advice from the other party that, by reason of the conveyancer's duty to that other party, he or she should not withhold); or
	(b)	the conveyancer has a personal or pecuniary interest in the transaction arising otherwise than from the conveyancer's services as a conveyancer in respect of the transaction.

Part 4—Miscellaneous
20—Keeping of records
For the purposes of section 37A(2) of the Act, if a person who is required to keep a document or record under Part 4 or 4A of the Act uses a computer program for the purpose, the person must ensure that—
	(a)	an electronic copy of the document or record is made within 24 hours of the making, receipt or variation of the document or record; and
	(b)	an electronic copy of all the documents and records is made at least once in each month and kept so as to be protected against deterioration, loss, theft and unauthorised access, modification or use; and
	(c)	before any information is deleted from the computer records, a hard copy of the information is made and kept by the person as part of the person's records; and
	(d)	an up‑to‑date electronic copy of the computer program is made and kept so as to be protected against deterioration, loss, theft and unauthorised access, modification or use.

Schedule 1—Contracts for sale of land or businesses—forms

Schedule 1A—Prescribed notice to be given to purchaser
Land and Business (Sale and Conveyancing) Act 1994 section 13A
Land and Business (Sale and Conveyancing) Regulations 1995 regulation 15A
Before you buy a home there are a number of things that you should investigate and consider. Though it may not be obvious at the time, there could be matters that may affect your enjoyment of the property, the safety of people on the property or the value of the property.
The following questions may help you to identify if a property is appropriate to purchase. In many cases the questions relate to a variety of laws and standards. These laws and standards change over time, so it is important to seek the most up to date information. Various government agencies can provide up to date and relevant information on many of these questions. To find out more, the Office of Consumer and Business Affairs recommends that you check the website: www.ocba.sa.gov.au/consumeradvice/realestate
Consider having a professional building inspection done before proceeding with a purchase. A building inspection will help you answer some of the questions below.
The questions have been categorised under the headings Safety, Enjoyment and Value, but all of the issues are relevant to each heading.
Safety
	•	Is there asbestos in any of the buildings or elsewhere on the property eg sheds and fences?
	•	Does the property have any significant defects eg cracking or salt damp? Have the wet areas been waterproofed?
	•	Is the property in a bushfire prone area?
	•	Are the electrical wiring, gas installation, plumbing and appliances in good working order and in good condition? Is a safety switch (RCD) installed? Is it working?
	•	Are there any prohibited gas appliances in bedrooms or bathrooms?
	•	Are smoke alarms installed in the house? If so, are they hardwired? Are they in good working order and in good condition? Are they compliant?
	•	Is there a swimming pool and/or spa pool installed on the property? Are there any safety barriers or fences in place? Do they conform to current standards?
	•	Does the property have any termite or other pest infestations? Is there a current preventive termite treatment program in place? Was the property treated at some stage with persistent organochlorins (now banned) or other toxic termiticides?
	•	Has fill been used on the site? Is the soil contaminated by chemical residues or waste?
	•	Does the property use cooling towers or manufactured warm water systems? If so, what are the maintenance requirements?
Enjoyment
	•	Does the property have any stormwater problems?
	•	Is the property in a flood prone area? Is the property prone to coastal flooding?
	•	Does the property have an on‑site wastewater treatment facility such as a septic tank installed? If so, what are the maintenance requirements? Is it compliant?
	•	Is a sewer mains connection available?
	•	Are all gutters, downpipes and stormwater systems in good working order and in good condition?
	•	Is the property near power lines? Are there any trees on the property near power lines? Are you considering planting any trees? Do all structures and trees maintain the required clearance from any power lines? 
	•	Are there any significant trees on the property?
	•	Is this property a unit on strata or community title? What could this mean for you? Is this property on strata or community title? Do you understand the restrictions of use and the financial obligations of ownership? Will you have to pay a previous owner's debt or the cost of planned improvements?
	•	Is the property close to a hotel, restaurant or other venue with entertainment consent for live music? Is the property close to any industrial or commercial activity, a busy road or airport etc that may result in the generation of noise or the emission of materials or odours into the air?
	•	What appliances, equipment and fittings are included in the sale of the property?
	•	Is there sufficient car parking space available to the property?
Value
	•	Are there any illegal or unapproved additions, extensions or alterations to the buildings on the property?
	•	How energy efficient is the home, including appliances and lighting? What energy sources (eg electricity, gas) are available?
	•	Is the property connected to SA Water operated and maintained mains water? Is a mains water connection available? Does the property have a recycled water connection? What sort of water meter is located on the property (a direct or indirect meter – an indirect meter can be located some distance from the property)? Is the property connected to a water meter that is also serving another property?
	•	Are there water taps outside the building? Is there a watering system installed? Are they in good working order and in good condition?
	•	Does the property have alternative sources of water other than mains water supply (including bore or rainwater)? If so, are there any special maintenance requirements?
For more information on these matters visit: www.ocba.sa.gov.au/consumeradvice/realestate
Disclaimer: There may be other issues relevant to the purchase of real estate. If you are unable to ascertain enough information about the questions raised in this form and any other concerns you may have we strongly recommend you obtain independent advice through a building inspection, a lawyer, and a financial adviser.

Schedule 2—Contracts for sale of land or businesses—bodies to whom inquiries are to be made

Table 1—Mortgages, charges and prescribed encumbrances
Column 1
Mortgage, charge or prescribed encumbrance Item number on forms 1 and 2	Column 2
Body to which inquiry is to be made	
1, 2, 3, 4, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 31, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58.	Department for Transport, Energy and Infrastructure	
23, 25, 28, 30, 33.	The council	
5, 6, 7, 8, 9, 10, 24, 26, 27, 29, 32, 34, 36.	The council and Department for Transport, Energy and Infrastructure	

Table 2—Matters affecting land
Column 1
Matter	Column 2
Body to whom inquiry is to be made	
Building indemnity insurance	The council	
Water allocation for irrigation purposes	Department for Transport, Energy and Infrastructure	
Proclamations and orders under the Stock Act 1990:
Proclamation under section 14(2) or 25(2) of the Act
Order under section 21(2)(b) to (j), (l) or (n) of the Act in relation to the land or a building on the land	Department for Transport, Energy and Infrastructure
or
Department of Primary Industries and Resources	
Particulars relating to environment protection (items 2(3), 3, 4 and 5 under that heading)	Department for Transport, Energy and Infrastructure	

Schedule 2A—Financial and investment advice—specified information and warnings
Land and Business (Sale and Conveyancing) Act 1994 section 24B
Land and Business (Sale and Conveyancing) Regulations 1995 regulation 16C
A land agent or sales representative who provides financial or investment advice to you in connection with the sale or purchase of land or a business is obliged to tell you that—
You should assess the suitability of any purchase of the land or business in light of your own needs and circumstances by seeking independent financial and legal advice.
An agent must also tell you about any other benefit that any other person (including the agent) will receive in connection with the sale or purchase, unless it is*:
	•	a benefit that has been disclosed in a sales agency agreement
	•	a benefit that you provide the agent
	•	a benefit received by the vendor or purchaser
	•	a benefit related to a service for which you have not or will not be charged
	•	a benefit of which the agent remains unaware.
*Refer to section 24C of the Land and Business (Sale and Conveyancing) Act 1994

Schedule 2B—Disclosure of benefits
Land and Business (Sale and Conveyancing) Act 1994 section 24C
Land and Business (Sale and Conveyancing) Regulations 1995 regulation 16D
If a benefit has already been disclosed in a sales agency agreement then the use of this form is not required to disclose that benefit.
Subject to section 24C of the Land and Business (Sale and Conveyancing) Act 1994, a land agent must use this form to disclose to you (the client):
	•	benefits which the agent will receive or expects to receive from a third person to whom the agent has referred you, or with whom the agent has contracted, when the referral or contract is for the provision of services associated with the sale or purchase of property or a business;
	•	any other benefit of which the agent is aware that any person (including the agent) receives or expects to receive in connection with the sale or purchase.
The obligation to disclose a benefit to you under section 24C is ongoing and arises when the agent becomes aware of a benefit.
Note—
	•	When this form is used, the land agent must disclose the nature, source and amount (or estimated amount or value) of the benefit.
	•	A benefit includes a rebate, a discount, or a refund, and could include such things as frequent flyer points or gift vouchers.
	•	Under section 24C(5) of the Land and Business (Sale and Conveyancing) Act 1994 an agent includes an agent acting for the purchaser or vendor, and a sales representative acting for that agent.

Description of property or business				
				
Nature of the benefit	Source of the benefit	Amount (or estimated amount or value) of the benefit	Name of recipient of the benefit and capacity* of recipient	

				
				
* refers to the capacity in which the person receives the benefit eg as an agent, a financier, mortgage broker, lawyer.				
	If insufficient space, add an annexure			

Name of agent/sales representative	Name of client	
Signature	Signature	
Date	Date	

Schedule 2C—Prescribed standard conditions for auctions of residential land
Land and Business (Sale and Conveyancing) Act 1994 section 24I
Land and Business (Sale and Conveyancing) Regulations 1995 regulation 16H
1—Prescribed standard conditions
	(1)	The prescribed standard conditions referred to in regulation 16H for an auction conducted by an agent for the sale of residential land (the property) are as follows:
	(a)	any person may bid in the auction in person, or by their proxy or representative, subject to the conditions of auction;
	(b)	the vendor's reserve price will be as recorded in the auction record;
	(c)	to make a bid a person must be registered in the bidders register, having satisfied the requirements as to proof of identity and, if applicable, authority to bid as a proxy or representative;
	(d)	the auctioneer will only accept a bid if the person making the bid displays an identifying number allocated to the person by the auctioneer;
	(e)	the auctioneer will, when accepting a bid, audibly announce the number so displayed by the bidder;
	(f)	the auctioneer may refuse a bid if of the opinion that it is not in the best interests of the vendor, and will not be obliged to give any reason for refusing a bid;
	(g)	the auctioneer may make bids on behalf of the vendor but not more than 3 such bids and only for amounts below the reserve price; any such bid will be audibly announced by the auctioneer as a "vendor's bid";
	(h)	bidding increments will be accepted at the discretion of the auctioneer;
	(i)	the person accepted by the auctioneer as having made the highest bid at or above the reserve price will be the purchaser and that bid will be the purchase price;
	(j)	the auctioneer will not accept a bid made after the fall of the auctioneer's hammer;
	(k)	unless otherwise agreed in writing by the purchaser and the vendor before the commencement of the auction—
	(i)	a contract for the sale of the property, in the form displayed by the auctioneer at the auction, will be completed and signed by or on behalf of the purchaser and the vendor immediately after the fall of the hammer; and
	(ii)	the purchaser will pay a deposit immediately after the fall of the hammer, as specified in the conditions of auction;
	(l)	the auctioneer will have irrevocable authority, after the fall of the auctioneer's hammer, to complete and sign the contract on behalf of the purchaser or the vendor, or both; completion and signing under that authority will be at the auctioneer's discretion in the event of breach by the purchaser of any of the conditions of auction;
	(m)	the cooling off rights under section 5 of the Land and Business (Sale and Conveyancing) Act 1994 do not apply to a sale by auction or a sale on the day of auction to a person who has made a bid in the auction (whether in person or by their proxy or representative).
	(2)	In this Schedule—
conditions of auction includes conditions displayed by the auctioneer at the auction as conditions of the auction, together with the standard conditions set out above.

Schedule 2D—Collusive practices at auctions of land or businesses
Land and Business (Sale and Conveyancing) Act 1994 section 24L
Land and Business (Sale and Conveyancing) Regulations 1995 regulation 16J
Section 24L of the Land and Business (Sale and Conveyancing) Act 1994 makes it unlawful to engage in collusive practices in relation to an auction of land or a business. Under that section a person must not behave in such a way that might tend to prevent free and open competition at an auction by, for example—
	•	abstaining from bidding or limiting his or her bidding; or
	•	agreeing to abstain from bidding or limit his or her bidding; or
	•	inducing or attempting to induce another person to abstain from bidding or limit his or her bidding; or
	•	doing anything else or inducing or attempting to induce another person to do anything else that might tend to prevent free and open competition at the auction.
The maximum penalty for committing such an offence is $20 000.

Schedule 3—Contracts for sale of land or businesses—fees

1—Fees payable to councils			
	For particulars and documentary material to be provided by a council—		
		(a)	for particulars—		
		(i)	in relation to 1 strata unit	$20.00	
		(ii)	in relation to 2 strata units on the same strata plan	$40.00	
		(iii)	in relation to 3 or more strata units on the same strata plan	$60.00	
		(iv)	for each certificate of title to land under the Real Property Act 1886, or Crown lease, in respect of which particulars are to be provided—		
		(A)	if the applicant requests that the particulars be provided within 24 hours after receipt of the request	$30.00	
		(B)	in any other case	$20.00	
		(b)	for documentary material—the actual cost incurred by the council in producing a copy of the document.		
2—Fees payable to statutory authorities or prescribed bodies			
(1)	For particulars and documentary material to be provided by a statutory authority or prescribed body (other than where particulars are to be provided for the purposes of a section 7 statement)—		
		(a)	for particulars—		
		(i)	in relation to 1 strata unit	$15.00	
		(ii)	in relation to 2 strata units on the same strata plan	$28.00	
		(iii)	in relation to 3 or more strata units on the same strata plan	$43.00	
		(iv)	in any other case—in relation to each certificate of title to land under the Real Property Act 1886, or Crown lease, in respect of which particulars are to be provided	$15.00	
		(b)	for documentary material—the actual cost incurred by the statutory authority or prescribed body in producing a copy of the document.		
(2)	For a section 7 statement or update—		
		(a)	for a section 7 statement to be provided by the Department in relation to a certificate of title to land under the Real Property Act 1886 or a Crown lease	$225.00	
		(b)	for an update of such a statement (where the application is made not more than 90 days after the original statement was issued) to be provided by the Department	$112.00	
(3)	For a section 7 statement or update for a related title—		
		(a)	for a section 7 statement to be provided by the Department in relation to a related title	$33.70	
		(b)	for an update of such a statement (where the application is made not more than 90 days after the original statement was issued) to be provided by the Department	$8.60	
3—Interpretation			
	In this Schedule—		
	Department means the Department for Transport, Energy and Infrastructure;		
	related title means a certificate of title to, or a Crown lease of, land that—		
		(a)	is contiguous with, and owned or held pursuant to a Crown lease by the same person as, land in relation to which a section 7 statement is to be provided by the Department; and		
		(b)	is valued by the Valuer‑General under the Valuation of Land Act 1971 conjointly with, and is to be sold at the same time as, the land in relation to which the section 7 statement is to be provided;		
	section 7 statement means a statement, produced by the Department for the purposes of the preparation of a vendor's statement in relation to land, that includes—		
		(a)	particulars and documentary material provided by the Department under the Act or these regulations for the purposes of the preparation of the vendor's statement; and		
		(b)	a search copy of the certificate of title to the land or, in the case of a Crown lease, a copy of the lease;		
	strata unit includes a community lot (or development lot) and strata plan includes a community plan.		
	Note—
The fees payable to a strata corporation or a community corporation for the provision of information are fixed by regulations under the Strata Titles Act 1988 and the Community Titles Act 1996, respectively.		

Schedule 4—Dual representation—forms

Schedule 5—Transitional provisions
1—Section 90 statements prepared before commencement of Act
A statement under section 90 of the Land Agents, Brokers and Valuers Act 1973 prepared not more than two months before the commencement of the Land and Business (Sale and Conveyancing) Act 1994 will be taken to comply with these regulations if the statement complies with the Land Agents, Brokers and Valuers Act 1973 and the Land Agents, Brokers and Valuers Regulations 1986 as in force immediately before that commencement and is accurate as at the date of service on the purchaser.
2—Section 91 statements prepared before commencement of Act
A statement under section 91 of the Land Agents, Brokers and Valuers Act 1973 prepared not more than one month before the commencement of the Land and Business (Sale and Conveyancing) Act 1994 will be taken to comply with these regulations if the statement complies with the Land Agents, Brokers and Valuers Act 1973 and the Land Agents, Brokers and Valuers Regulations 1986 as in force immediately before that commencement and is accurate as at the date of service on the purchaser.

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1995	35	Gazette 27.4.1995 p1577	1.6.1995: r 2	
1995	43	Gazette 4.5.1995 p1721	4.5.1995: r 2	
1995	162	Gazette 27.7.1995 p312	27.7.1995: r 2	
1995	216	Gazette 23.11.1995 p1461	1.12.1995: r 2	
1996	225	Gazette 10.10.1996 p1346	4.11.1996: r 2	
1997	21	Gazette 27.2.1997 p1070	1.3.1997: r 2	
1998	155	Gazette 2.7.1998 p26	2.11.1998: r 2	
1999	143	Gazette 1.7.1999 p55	1.7.1999: r 2	
1999	200	Gazette 30.9.1999 p1395	30.9.1999: r 2	
2001	150	Gazette 28.6.2001 p2480	15.7.2001: r 2	
2002	156	Gazette 8.8.2002 p3035	8.10.2002: r 2	
2003	210	Gazette 23.10.2003 p3883	1.12.2003: r 2	
2007	51	Gazette 26.4.2007 p1410	1.6.2007: r 2	
2008	209	Gazette 3.7.2008 p3214	28.7.2008: r 2	
2008	260	Gazette 25.9.2008 p4588	25.9.2008: r 2	
2009	47	Gazette 30.4.2009 p1557	30.4.2009 except Pt 3 (rr 10—13) & Sch 1 cl 1—1.8.2009; and except Pt 4 (rr 14—22) & Sch 1 cl 2—1.9.2009: r 2	
2009	181	Gazette 18.6.2009 p2858	1.7.2009: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
r 3			
r 3(1)			
acquired a relevant interest in the land	inserted by 47/2009 r 10	1.8.2009—not incorporated	
council search report	inserted by 47/2009 r 14(1)	1.9.2009—not incorporated	
Crown lease	inserted by 47/2009 r 4(1)	30.4.2009	
domestic partner	inserted by 51/2007 r 22	1.6.2007	
prescribed body	inserted by 47/2009 r 4(2)	30.4.2009	
property interest report	inserted by 47/2009 r 14(2)	1.9.2009—not incorporated	
r 3(3)	inserted by 209/2008 r 4	28.7.2008	
Pt 2			
r 5	varied by 225/1996 r 3	4.11.1996	
	varied by 47/2009 r 5(1), (2)	30.4.2009	
r 6A	inserted by 162/1995 r 3	27.7.1995	
	varied by 21/1997 r 3	1.3.1997	
	varied by 210/2003 r 4	1.12.2003	
	varied by 209/2008 r 5(1), (2)	28.7.2008	
r 7	varied by 155/1998 r 3	2.11.1998	
	varied by 47/2009 r 11	1.8.2009—not incorporated	
	varied by 47/2009 r 15(1), (2)	1.9.2009—not incorporated	
r 9	varied by 155/1998 r 4	2.11.1998	
	varied by 47/2009 r 12	1.8.2009—not incorporated	
	varied by 47/2009 r 16(1)—(3)	1.9.2009—not incorporated	
r 10	varied by 47/2009 r 17	1.9.2009—not incorporated	
r 12			
r 12(1)	varied by 225/1996 r 4	4.11.1996	
	varied by 156/2002 r 3	8.10.2002	
	varied by 47/2009 r 6(1), (2)	30.4.2009	
	varied by 47/2009 r 18	1.9.2009—not incorporated	
r 13	varied by 209/2008 r 6	28.7.2008	
r 15			
r 15(1)	varied by 225/1996 r 5	4.11.1996	
	varied by 47/2009 r 7(1)	30.4.2009	
r 15(1a)	inserted by 47/2009 r 7(2)	30.4.2009	
r 15A	inserted by 209/2008 r 7	28.7.2008	
r 16	varied by 225/1996 r 6	4.11.1996	
	varied by 47/2009 r 19	1.9.2009—not incorporated	
r 16A	inserted by 209/2008 r 8	28.7.2008	
r 16A(4) and (5)	inserted by 260/2008 r 4	25.9.2008	
rr 16B—16D	inserted by 209/2008 r 8	28.7.2008	
r 16E	inserted by 209/2008 r 8	28.7.2008	
r 16E(1)	varied by 260/2008 r 5(1)—(4)	25.9.2008	
r 16F	inserted by 209/2008 r 8	28.7.2008	
r 16G	inserted by 209/2008 r 8	28.7.2008	
r 16G(1)	varied by 260/2008 r 6(1), (2)	25.9.2008	
r 16G(3)—(7)	inserted by 260/2008 r 6(3)	25.9.2008	
rr 16H—16J	inserted by 209/2008 r 8	28.7.2008	
Pt 3			
r 17			
r 17(1)	varied by 150/2001 r 3	15.7.2001	
	varied by 51/2007 r 23	1.6.2007	
Pt 4	inserted by 209/2008 r 9	28.7.2008	
Sch 1 before substitution by 47/2009			
Form 1			
Contents list	varied by 43/1995 r 3(a)	4.5.1995	
Pt A	varied by 43/1995 r 3(b)	4.5.1995	
Pt B	varied by 47/2009 r 13(1)	1.8.2009—not incorporated	
Pt D	heading varied by 43/1995 r 3(c)	4.5.1995	
Sch			
Div 1—Table of Particulars			
Item 4	varied by 225/1996 r 7(a)	4.11.1996	
Item 48	varied by 225/1996 r 7(b)	4.11.1996	
	substituted by 155/1998 r 5(a)	2.11.1998	
Items 49—57	inserted by 155/1998 r 5(a)	2.11.1998	
Item 58	inserted by 200/1999 r 3(a)	30.9.1999	
Div 2			
Particulars of transactions in last 12 months	substituted by 47/2009 r 13(2)	1.8.2009—not incorporated	
Particulars relating to a community lot (including a strata lot)	inserted by 225/1996 r 7(c)	4.11.1996	
Particulars of building indemnity insurance	varied by 156/2002 r 4(a)—(c)	8.10.2002	
Particulars relating to a development lot	inserted by 225/1996 r 7(c)	4.11.1996	
Particulars relating to environment protection	varied by 216/1995 r 3(a)	1.12.1995	
	varied by 225/1996 r 7(d)	4.11.1996	
	substituted by 155/1998 r 5(b)	2.11.1998	
Form 2			
Contents list	varied by 43/1995 r 3(d)	4.5.1995	
Pt A	varied by 43/1995 r 3(e)	4.5.1995	
Pt B	varied by 47/2009 r 13(3)	1.8.2009—not incorporated	
Pt E	 heading varied by 43/1995 r 3(f)	4.5.1995	
Sch 1			
Div 1			
Trading statement for last 3 financial years	varied by 143/1999 r 3 (Sch cl 12)	1.7.1999	
Sch 2			
Div 1—Table of Particulars			
Item 4	varied by 225/1996 r 7(e)	4.11.1996	
Item 48	varied by 225/1996 r 7(f)	4.11.1996	
	substituted by 155/1998 r 5(c)	2.11.1998	
Items 49—57	inserted by 155/1998 r 5(c)	2.11.1998	
Item 58	inserted by 200/1999 r 3(b)	30.9.1999	
Div 2	varied by 216/1995 r 3(b)	1.12.1995	
Particulars of transactions in last 12 months	substituted by 47/2009 r 13(4)	1.8.2009—not incorporated	
Particulars of building indemnity insurance	varied by 156/2002 r 4(d)—(f)	8.10.2002	
Particulars relating to a community lot (including a strata lot)	inserted by 225/1996 r 7(g)	4.11.1996	
Particulars relating to environment protection	varied by 216/1995 r 3(b)	1.12.1995	
	varied by 225/1996 r 7(h)	4.11.1996	
	substituted by 155/1998 r 5(d)	2.11.1998	
Sch 1	substituted by 47/2009 r 20	1.9.2009—not incorporated	
Sch 1A	inserted by 209/2008 r 10	28.7.2008	
Sch 2 before substitution by 47/2009			
Table 1	varied by 155/1998 r 6(a), (b)	2.11.1998	
	varied by 200/1999 r 4	30.9.1999	
	varied by 47/2009 r 8	30.4.2009	
Table 2	varied by 216/1995 r 4	1.12.1995	
	varied by 155/1998 r 6(c)—(f)	2.11.1998	
	varied by 47/2009 r 8	30.4.2009	
Sch 2	substituted by 47/2009 r 21	1.9.2009—not incorporated	
Schs 2A and 2B	inserted by 209/2008 r 11	28.7.2008	
Sch 2C	inserted by 209/2008 r 11	28.7.2008	
cl 1			
cl 1(1)	varied by 260/2008 r 7	25.9.2008	
Sch 2D	inserted by 209/2008 r 11	28.7.2008	
Sch 3 before substitution by 47/2009			
cl 2	varied by 155/1998 r 7(a), (b)	2.11.1998	
cl 3			
DENR Statement	deleted by 155/1998 r 7(c)	2.11.1998	
Section 7 Statement	inserted by 155/1998 r 7(c)	2.11.1998	
strata unit	inserted by 155/1998 r 7(c)	2.11.1998	
Sch 3	substituted by 47/2009 r 9	30.4.2009	
Sch 3			
cl 1	varied by 47/2009 r 22(1)—(3)	1.9.2009—not incorporated	
cl 2			
cl 2(1)	varied by 47/2009 r 22(4)	1.9.2009—not incorporated	
cl 2			
cl 2(2)	varied by 47/2009 r 22(5)—(7)	1.9.2009—not incorporated	
cl 2			
cl 2(3)	varied by 47/2009 r 22(8)—(10)	1.9.2009—not incorporated	
cl 3			
related title	varied by 47/2009 r 22(11)	1.9.2009—not incorporated	
section 7 statement	deleted by 47/2009 r 22(12)	1.9.2009—not incorporated	
Historical versions
Reprint No 1—4.11.1996		
Reprint No 2—1.3.1997		
Reprint No 3—2.11.1998		
Reprint No 4—1.7.1999		
Reprint No 5—30.9.1999		
Reprint No 6—15.7.2001		
Reprint No 7—8.10.2002		
Reprint No 8—1.12.2003		
1.6.2007		
28.7.2008		
25.9.2008		

Appendix—Divisional penalties and expiation fees
At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division	Maximum imprisonment	Maximum fine	Expiation fee	
1	15 years	$60 000	—	
2	10 years	$40 000	—	
3	7 years	$30 000	—	
4	4 years	$15 000	—	
5	2 years	$8 000	—	
6	1 year	$4 000	$300	
7	6 months	$2 000	$200	
8	3 months	$1 000	$150	
9	–	$500	$100	
10	–	$200	$75	
11	–	$100	$50	
12	–	$50	$25	
Note: This appendix is provided for convenience of reference only.