240F—Legal practitioner and registered conveyancer must obtain
authorisation
(1) If a legal
practitioner or registered conveyancer executes an instrument for the purposes
of this Act or the Electronic Conveyancing National Law (South Australia) on
behalf of a party to the instrument—
(a)
other than in accordance with a properly completed client authorisation; or
(b) in
accordance with a properly completed client authorisation but without
first—
(i)
verifying the identity of the party in accordance with
the verification of identity requirements; and
(ii)
verifying the authority of the party, in accordance with
the verification of authority guidelines, to be a party to the instruments
authorised by or under the client authorisation,
the practitioner or conveyancer is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
(2)
Subsection (1) does not apply to a legal practitioner or
registered conveyancer—
(a) who
executes a caveat as agent of a caveator otherwise than under a
client authorisation; or
(b) who
executes a priority notice on behalf of a person otherwise than under a
client authorisation; or
(c) in
other prescribed circumstances.
(3) In proceedings for
an offence against subsection (1)(a) or (b), it is a defence to prove
that—
(a) the
defendant was not negligent; and
(b) the
act or omission constituting the offence was attributable to an honest mistake
on the defendant's part.