New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 107

Client authorisations

107 Client authorisations

(1) For the purposes of this Act, a
"client authorisation" is a document:
(a) that is in the form required by the conveyancing rules, and
(b) by which a party to a conveyancing transaction authorises a law practice or licensed conveyancer (or firm of licensed conveyancers) to do one or more things on the party's behalf in connection with the transaction.
(2) Without limiting subsection (1) (b), a client authorisation may authorise the authorised representative to do any of the following:
(a) sign documents giving effect to conveyancing transactions on behalf of a person being represented,
(b) present documents giving effect to conveyancing transactions for lodgment,
(c) authorise or complete any associated financial transaction.
(3) A properly completed client authorisation:
(a) has effect according to its terms, and
(b) is not a power of attorney for the purposes of any other law relating to powers of attorney.
(4) If a document is signed on a person's behalf by an authorised associate of the authorised representative under a properly completed client authorisation, the requirements of this Act, the regulations or any other law relating to the execution, signing, witnessing, attestation or sealing of documents of that kind are taken to have been fully satisfied.
Note : See also section 108 (Reliance on, and repudiation of, signatures).
(5) A client authorisation in force for the purposes of the Electronic Conveyancing National Law (NSW) is taken to be a client authorisation for the purposes of this section, unless it expressly provides otherwise.
(6) This section does not limit or affect the application of any law relating to powers of attorney in relation to:
(a) the execution of client authorisations under a power of attorney, or
(b) a client authorisation executed under a power of attorney.
(7) This section has effect subject to any limitations or other restrictions specified by the conveyancing rules with respect to client authorisations.
(8) In this section:

"authorised associate" of an authorised representative, in relation to the signing of a document, means:
(a) if the authorised representative is a law practice--a legal practitioner associate (within the meaning of the Legal Profession Act 2004 ) of the practice authorised to sign the document for the practice, and
(b) if the authorised representative is a licensed conveyancer who is a sole conveyancer--the licensed conveyancer or another licensed conveyancer who is an employee of, or consultant to, the licensed conveyancer authorised to sign the document for the licensed conveyancer, and
(c) if the authorised representative is a firm of licensed conveyancers--a member or employee of, or a consultant to, the firm who is a licensed conveyancer authorised to sign the document for the firm, and
(d) if the authorised representative is a licensed conveyancer that is a corporation--a director or employee of, or consultant to, the corporation who is a licensed conveyancer authorised to sign the document for the corporation.



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