The Conveyancing Voice Issue 15

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Contents •

Impact of Australia Post’s changes to the delivery of letters on the service of notices under commercial leases

•

AICSA 2016 Council Nominations

•

Frequently Asked Questions

•

AICSA 2016 Conference at Adelaide Oval

•

Submissions

•

ACCC Scamwatch Stear Clear of tax Scams

What is “Clean Energy” and why is it important to me?

Renewable energy is generated from natural resources and can be constantly replenished.

Important Annoucement: AICSA is Moving Office Please update your records

August 2016

What is “Clean Energy” and why is it important to me?

Renewable energy is generated from natural resources and can be constantly replenished. Renewable energy will never run out due to the use of clean energy sources, it is both environmentally friendly as well as sustainable. Types of renewable energy include Hydro energy, Solar Energy, Ocean Energy, Wind Energy and Bio Energy.

Hydropower energy: Otherwise known as hydroelectricity it is generated by moving water. Flowing or fast running water is channelled through water turbines and creates energy which is captured and then turned into electricity.

Solar energy: Solar power is energy created by sunlight or heat from the sun. Due to high sun exposure and a consistent effort to install solar energy technology, Australia has the highest solar radiation per square metre of any continent in the world.

Ocean energy: Renewable energy is sourced directly from the sea and includes wave, tidal and ocean thermal energy. Energy from ocean waves, tidal movement or currents and conversion between water temperatures from the surface to the deep sea can be converted into electricity.

Wind energy: Wind turbines convert airflow currents into energy that can be used to create electricity. The quality of the wind energy conversion is commonly determined by the density or capacity of the energy. Wind energy is currently the cheapest form of renewable energy. South Australia is the largest producer of wind power energy in Australia.

Bioenergy: Derives from biomass which can come from vegetable and animal organic materials that releases carbon dioxide. Chemical conversion is used to break down the biomass into biogas and biofuels which are then used for electricity generation and transport.

With the ever growing importance of sustainable energy and the protection of our resources, renewable energy has become a determining factor in many Australian households. Renewable energy accounted for 14.6% of Australia’s electricity for 2015, hydro accounting for 5.9% and wind accounting for 4.9% with these figures set to rise in the coming years. Taking that into consideration, most of the big Australian energy suppliers such as Origin, Energy Australia and AGL to list a few, are offering customers renewable energy options for powering their homes.

Many Australians are taking clean energy options into consideration when deciding what supplier to go with, in saying this, it’s equally important to compare and contrast the environmental and financial benefits that come with switching to a renewable energy source.

If you or your clients would like to know more about renewable energy options and suppliers or to organise your energy plan, feel free to call MyConnect on 1300 854 478 or visit www.myconnect.com.au

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Important Annoucement: AICSA Is Moving Office As advised via email the AICSA will be shifting offices on Friday the 12th of August.

Level 3, 255 Pulteney St, Adelaide 5000 (Please update your records) As a result the office will be closed on Friday and will recommence operations around midday on Monday 15 of August.

The new location will allow the institue to continue to deliever exceptional service to our Members as well as the public. Conversely the new location will make access to our office easier with increased street car parking, conveniently located within walking distance of the office.

The training room is larger than our current space, and the Institue will be able to better acommodate increased numbers for training and professional development. With that being said there will be an increase in the number and type of training, as well as professional development events being held, thus giving you the Member more flexibility.

PEXA will also be housed within our office so as to give our Members the chance to call on them if need be for E-conveyancing help and training.

We look forward to continuing to deliever for you the members at the new location!

Need Information on The Real Propery Act Reforms?

In the past 18 months AICSA has published more than 20 articles and updates in relation to the RPA Reforms and the introduction of electronic conveyancing.

They included verification of identity (including overseas), verification of authority, Priority Notices, Client Authorisations, certifications removal of duplicate certificates of title, retention of evidence and transitional arrangements. There is also an ever expanding list of FAQs. They have appeared in the Conveyancing Voice, SA Conveyancer and as bulletins.

You can do a quick search on AICSA’s website to find them. Simply go to the AICSA website, find the ‘Search’ tab at the top of our website, enter the search parameters (i.e VOI), and press enter. The following page will display all results pertaining to that search or Click Here Geoffrey Adam EC & Legislative Projects

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Impact of Australia Post’s changes to the delivery of letters on the service of notices under commercial leases

By Nick Minocozzi Background In January 2016, Australia Post implemented a number of changes to the delivery of letters sent within Australia.

There is now a choice of three delivery speeds when sending a letter within Australia: (1)

Express Post – next business day guaranteed;

(2)

Priority – 1-4 business days , depending on destination; and

(3)

Regular – up to 2 business days longer than Priority.

These changes may impact on the notice requirements prescribed in a commercial lease. Whether there is any such impact on a commercial lease will always depend on the terms of the particular commercial lease which must be looked at on a case-by-case basis.

This article will consider firstly the changes made to the delivery times of letters introduced by Australia Post (including with reference to the introduction of Priority labels) and the reasons behind that change. This Article will then turn to and consider the general notice requirements in a commercial lease. This Article will finally consider the impact of Australia’s posts changes to delivery times on the requirements for notices delivered by post in a commercial lease (including with reference to notices to remedy default pursuant to section 10 of the Landlord and Tenant Act 1936), and then make recommendations to practitioners in the legal and conveyancing industry on the best practice to deal with these changes.

Changes to delivery times introduced by Australia Post In January 2016, Australia Post implemented a number of changes to the delivery of letters sent within Australia.

There is now a choice of three delivery speeds when sending a letter within Australia.

These changes are set out in the table below:

Delivery time

Express Post

Priority

Regular

Next business day guaranteed3

1-4 business days4, depending on

Up to 2 business days5 longer than Priority

destination

What you need

Express Post prepaid envelope

Envelope, postage stamp and Priority label

Envelope and postage stamp

Where you post it

Yellow street posting box or Post Office

Red street posting box or Post Office

Red street posting box or Post Office

Prices from

$5.75

$1.50

$1.00

(Concession: $1.10)

(Concession: $0.60)

Introduction of Priority labels The introduction of Priority labels means that the letter will arrive within Australia within 1- business days.

The delivery time for Priority letters varies depending on the origin and destination. The following table below sets out the delivery timetable for Priority letters:

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Delivery within the same state Post for delivery

Estimated delivery time (business days)

Within metropolitan areas of capital cities, or within the same city or town or an adjacent city or town in the same state

1 day

Between metropolitan areas of capital cities and country locations

2 days

Between country locations

2 days

Delivery between states Post for Delivery

Estimated delivery time (business days)

Between metropolitan areas of capital cities

2 days

Between metropolitan areas of capital cities and country locations

3 days

Between country locations

4 days

Registered Post letters may be sent either by Regular mail or Priority mail.

A Registered Post letter sent via Priority means that the letter will be delivered within 1-4 business days, depending on the origin and destination.

Increase in delivery time for Regular mail Letters sent via Regular mail will take up to 2 business days longer than the estimated time and delivery for Priority labels. This is a change to the delivery time for Regular mail, taking longer than it previously did (an extra 1-2 business days in general).

Delivery within the same state Posted for delivery

Estimated delivery time (business days)

Within metropolitan areas of capital cities, or within the same city or town or an adjacent city or town in the same stat

2-3 days

Between metropolitan areas of capital cities and country locations

3-4 days

Between country locations

3-4 days

Delivery between states Post for delivery

Estimated delivery time (business days)

Between metropolitan areas of capital cities

3-4 days

Between metropolitan areas of capital cities and country locations

4-5 days

Between country locations

5-6 days

For the rest of this article please click on the link below Click here

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Time to get ready for AICSA 2016 Council Nominations and elections!

Nominations from Members for positions on the AICSA Council are due by 12.00 Noon on Friday 19 August 2016 .

At the forthcoming Annual General Meeting (scheduled for Wednesday 14 September 2016), the office of President, Vice President and various Councillors become vacant.

Nominations are now called for the offices of – President, Vice-President, Four (4) Councillors for a period of 2 years, and One (1) Councillor for a period of 1 year.

The retiring President, Vice President and all Councillors are eligible for re-election.

Nominations may be received only from Ordinary Members of the South Australian Division who are FULLY financial at the time of closure of nominations. An Ordinary Member may nominate for more than one office.

Close of Nominations All nomination forms must be delivered by 12.00 Noon on Friday 19 August 2016 to: GPO Box 2402, Adelaide 5001, or DX 58223 L.T.O., or the office of the Institute, 3rd Floor, 255 Pulteney Street Adelaide 5000.

A Nomination form is attached below, along with a Notice for Nominations.

Nomination Form for Election 2016 Notice for Noms for Election 2016

Frequently Asked Questions on RPA Reforms & EC- Updated Im p o r t an t D is cla imer : The a nswer s b elow are not i nte nd e d as l e gal ad v i ce and mu st not b e co ns t rued or relied up o n a s suc h. They a re i nte nd e d onl y as ge ne ral i nf or m at i on b e cau s e a p p aren t ly in s ignifica nt fa c ts ma y result i n a f u nd am e nt al l y d i f f e re nt re su l t or e nab l e a l tern at ives. Th e y reflec t the situa tio n a p p l y i ng at t he t i m e t hat i t i s gi ve n and change i s co ns t an t . Th ey a re given to a ssist co nve yance r s i n m ak i ng t he i r ow n e nq u i r y and are no t a s u b s t it ute for a ca reful rea ding o f the cu r re nt ap p l i cab l e l e gi sl at i on: t he y shou l d not b e i m p l emen ted witho ut deta iled lega l a dvi ce. N ote, to o, t hat conve yanci ng p rac t i ce and req uiremen t s also va r y substa ntia lly b et we e n ju r i sd i c t i ons: t he answe r s are p re p are d f o r S o u t h Au st ralia an d ma y no t b e a ppro pr ia te o r cor re c t i n anot he r ju r i sd i c t i on.

We have re ce nt ly ad d ed new FAQ ’s to the site. Yo u c an access th em by c lick i ng t h e l i n k b e l ow ;

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BOOK NOW – AICSA State Conference

Welcome Reception

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Conference Major Sponsor:

Venue: Audi Room Adelaide Oval Date: Friday 21 2016 Join us Friday night at the Audi Room for cocktails and immerse yourself in the atmosphere of Adelaide Oval. Enjoy listening to the antics of the international tennis circuit, colourfully narrated

by Roger Rasheed.

Purchase a ticket (both member & student) before September 30 to win your ticket free!

Roger Rasheed is proudly brought to you by

Attend the event for a chance to win a Roof Climb sponsored by Vero and Marsh over Adelaide Oval simply

Welcome Reception Sponsor:

SAVE THE DATE – AICSA State Conference

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Tomorrow’s Firm: let’s be creative, let’s diverge and differentiate Venue Adelaide Oval Date Friday 21 – Saturday 22 October 2016 FRIDAY An afternoon of Pre-Conference workshops looking at innovating your business…

Followed by a Welcome Function at the magnificent Adelaide Oval with guest Roger Rasheed talking about his adventures in the tennis world. Attendees have the chance to win a Rooftop climb over the glorious Adelaide Oval Proudly brought to you by Vero & Marsh.

SATURDAY Business Leadership – Conveyancing Fundamentals – Conveyancing Diversities.

For Full Program details click here.

Tel: 08 8359 2090 Email: project@aicsa.com.au W: aicsaconference.com.au

Conference Major Sponsor:

Submissions An invitation to have your say Current as of 28/07/2016 Title: Removing Outdated Legislation - Simplify Day Date received: 15 July 2016 Invitation from: Revenue SA Referred to: Legislative Policy Committee Institute’s response due: 11 August 2016 Title: Review of the Retail & Commercial Leases Act 1995 Date received: 31 May 2016 Invitation from: Small Business Commissioner Referred to: Legislative Policy Committee Institute’s response due: 26 August 2016 Any Member wishing to contribute to the response by the Institute in relation to the above invitations is invited to do so by sending an email to: assist@aicsa.com.au

News and More Why digital signing is both convenient and secure (PEXA) Digital signatures are an inherent part of the e-conveyancing process, and a great time-saver....

Rio Olympics and social media - dos and don’ts for brand owners, athletes and spectators (Davies Collison Cave) Rio 2016 has been dubbed as the “largest social media event ever” and already has more followers on

Around 10 million Australian Android devices affected by Quadrooter attack (Australian Government - Dept of Communications & Arts) New vulnerabilities have reportedly been uncovered that may affect up to 10 million smartphones and tablets in Australia...

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Invitation AICSA is pleased to invite you to attend the Conversions Workshop DATE: Tuesday 13 September 2016

DETAILS This session will cover the following: How to convert a strata to community title Role of : The Surveyor & Conveyancer

Brought to you by

TIME: 9:30pm – 12:30pm LOCATION: AICSA INVESTMENT:

Presented by: Michelle Hendry & Minter Ellison

Members: $165.00 (Incl. GST) Non-Members: $275.00 (Incl. GST)

Principal Partner for Professional Development Series:

Student: $165.00 (Incl. GST)

Professional Development & Event Cancellation, Change & Refund Policy

Diary Dates 16 August - Workshop - Land Divisions 17 August - Real Property Alignment Series -

PLEASE NOTE:

Q&A Part C

No refund will be given unless more than 7 days notice is received by

23 August - Workshop - Alignment PART D

AICSA in writing.

13 September - Workshop - Conversions

Cancellation may invalidate discount.

Changing between events (including from seminar to recording) after registration and less than 48 hours prior to the event will incur an administration fee of $25.00 (+ GST).

The AICSA reserves the right to cancel sessions that do not reach the minimum number of participants required (full refunds given).

Please be Advised - Email Virus Members please be aware of an email virus being sent under the guise of Asset Conveyancing. Their account was recently hacked .

Email is sent under subject header: Mortgage Documents/Contract

21 October - AICSA CONFERENCE

Settlement Dates Click here for settlement room dates.

Member Event Photos Click on the link to view photos from our recent events Click Here

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Real Property Act Alignment Series - PART C & D:

To book your event click here to visit our website to register

AUGUST DATE

SESSION NAME

TIME

LOCATION

15

SESSION FULLY BOOKED

9:00am-12:30pm

LTO Computer Suite

15

PEXA Training Computer Workshop (pm)

1:30pm–5:00pm

LTO Computer Suite

17

Real Property Act Alignment: Part C

2.00pm-3:30pm

23

PEXA Training Computer Workshop (am)

9:00am-12:30pm

LTO Computer Suite

23

PEXA Training Computer Workshop (pm)

1:30pm–5:00pm

LTO Computer Suite

TIME

LOCATION

AICSA Training Room

SEPTEMBER DATE

SESSION NAME

6

PEXA Training Computer Workshop (am)

9:00am – 12:30pm

LTO Computer Suite

6

PEXA Training Computer Workshop (pm)

1:30pm – 5:00pm

LTO Computer Suite

12

PEXA Training Computer Workshop (am)

9:00am – 12:30pm

LTO Computer Suite

12

PEXA Training Computer Workshop (pm)

1:30pm – 5:00pm

LTO Computer Suite

CONTACT US Ph: 08 8359 2090 E: project@aicsa.com.au W: www.aicsa.com.au

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AICSA Professional Development Calendar 2016 (August -November)

Principal Partner for Professional Development Series:

AUGUST DATE

SESSION NAME

16

Workshop - Documents - FULLY BOOKED

CPC

TIME

LOCATION

20

1:30pm – 4:30pm

AICSA

CPC

TIME

LOCATION

SEPTEMBER DATE

SESSION NAME

13

Workshop - Conversions - SPACES OPEN

20

9:30am – 12:30pm

AICSA

13

Workshop - Conversions - SPACES OPEN

20

1:30pm – 4:30pm

AICSA

CPC

TIME

LOCATION

OCTOBER DATE

SESSION NAME

1:00pm - 5:00pm (Business sessions)

21

AICSA CONFERENCE

TBA

5:00pm - 6:15pm (Welcome cocktail reception)

Adelaide Oval

6:30pm - 8:00pm (Popeye Cruise on the River Torrens + Olive Oyl Paddleboat Challenge)

22

AICSA CONFERENCE

TBC

8:00am - 5:00pm

Adelaide Oval

15

4:30pm – 6:00pm

AICSA

NOVEMBER 15

Retirement Villages

CONTACT US Ph: 08 8359 2090 E: project@aicsa.com.au W: www.aicsa.com.au

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Australian Institute of Conveyancers South Australian Division Incorporated

CONTACT

AICSA STAFF Rebecca Hayes Chief Executive Officer e: ceo@aicsa.com.au

6th Floor, 68 Grenfell Street Adelaide SA 5000 GPO Box 2402 Adelaide SA 5001

Geoffrey Adam E-Conveyancing & Legislative Projects Officer e: ecl@aicsa.com.au

Tel: 08 8359 2090

Glenys Jackson Business Manager e: business@aicsa.com.au

Fax: 08 8232 8618 DX 58223 L.T.O. Email: assist@aicsa.com.au Web: www.aicsa.com.au

Matthew Netherwood Membership & Sponsorship Manager e: matthew.netherwood@aicsa.com.au Renzo Rigano Marketing and Communications Coordinator e: communications@aicsa.com.au Karen Holt Membership Coordinator e: membership@aicsa.com.au Megan Whitford Professional Development & Events Coordinator e: project@aicsa.com.au Janette Wale Finance & Administration Officer e: assist@aicsa.com.au

Disclaimer The views expressed in this E-Newsletter are those of the author and not necessarily those of the publisher or editor. The material contained in this publication is of the nature of general comment only, and neither purports, nor is intended to be advice, legal or otherwise, on any particular matter. No subscriber or other reader should act on the basis of any matter contained in the publication without considering and, if necessary, taking the appropriate professional advice upon their own particular circumstances. The publisher, the authors and the editor expressly disclaim all and any liability to any person, whether a purchaser of this publication or not, in respect of anything set out in this publication and of the consequences of anything done or omitted to be done by any person in reliance, whether whole or partial, upon the whole or any part of the contents of this publication. No correspondence will be entered into in relation to this publication either by the publisher or the editor.