(1) On and from the
commencement of this section, mortgage financing is not to be regarded as part
of the practice of the profession of the law.
(2) A
legal practitioner who engages in mortgage financing must inform each
prospective lender and borrower, orally and in writing, that any loss suffered
as a result of mortgage financing will not be compensated by the Fidelity Fund
or covered by professional indemnity insurance required under this Act.
Maximum penalty: $10 000.
(3) It is not the
intention of the Parliament that any implication be drawn from this Act (or
the Act that inserted this section) that mortgage financing when engaged in by
a legal practitioner before the commencement of this section was part of the
practice of the profession of the law.