Agents Act 1968 (ACT)

Agents Act 1968 No 26

(repealed)

Republication No 13

Effective: 1 November 2003

Republication date: 1 November 2003

As repealed by A2003-20

Unauthorised version prepared by the ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Agents Act 1968 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 November 2003.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.

Agents Act 1968 (repealed)

Contents

Page

Part 1Preliminary

Short title 2
Application of Act 2
Interpretation 3

5AReal estate agents—interpretation  9
5BStock and station agents—interpretation  9
5CBusiness agents—interpretation  9
5DTravel agents—interpretation  10
5DA         Employment agents—interpretation  11
5EEmployees of agents  12
5FFit and proper person  12

Registrar of Agents 13

6ADeputy Registrars of Agents  14
6BInspectors  14
6CInspectors—identity cards  15

Part 2The agents board

The agents board 16
Constitution of the board 16
Chairperson and deputy chairperson 17
Ending of appointments 17
Acting appointments 18
Meetings of the board 18

16A Disclosure of interests 19

Delegation by board 20

17A Annual reports of board 21
Part 3Carrying on business without a licence and related matters

Natural persons to be licensed 22
Companies to be licensed 23

19A         Unlicensed travel agents—additional penalty  24
19B         Licensed employment agents—receipt of remuneration               24
Part 4Registration of agents
Division 4.1           General

Definitions for pt 4 25
Prescribed date 25
Regulations to prescribe educational qualifications to be held after the prescribed date 25

Division 4.2 Qualifications required for registration as real estate agents

Qualifications for registration as real estate agent—applications after prescribed date 26
Provisions applicable in relation to periods of employment 27

Division 4.3 Qualifications required for registration as stock and station agents

Qualifications for registration as stock and station agent—applications after prescribed date 28
Provisions applicable in relation to periods of employment 29

Division 4.4 Qualifications required for registration as business agents

Qualifications for registration as business agent—applications after prescribed date 31
Provisions applicable in relation to periods of employment 32

Division 4.5 Applications for registration and objections to applications

Applications for registration 33
Objections to registration 34

Division 4.6 Determination by the board of applications

Grant or refusal of registration 35
Inquiry to be held by the board before refusing registration 36
Grounds for refusing application to be notified to the applicant 36
Registration certificates 36

Division 4.7           Periodic fees
41A         Fees payable by registered agents  36
Part 5Licences to carry on business as agents
Division 5.1           Eligibility for grant of licence as real estate agent

Eligibility—natural persons 38
Eligibility—companies 38

Division 5.2 Eligibility for grant of licence as stock and station agent

Eligibility—natural persons 39
Eligibility—companies 39

Division 5.3 Eligibility for grant of licence as business agent

Eligibility—natural persons 40
Eligibility companies 40

Division 5.4           Eligibility for grant of travel agent’s licence
47A         Eligibility—natural persons  41
47B         Eligibility—companies  41
47C         Qualifications for travel agent, director or manager  42
Division 5.5           Eligibility for grant of employment agent’s licence
47CA          Eligibility—natural persons  42
47CB          Eligibility—companies  43
Division 5.6           Licences held by partnerships
47D         Application  43
47E         Notice of partnership  43
47F         Rights and liabilities of partners  45
47G         Offences by partners  45
47H         Suspension or cancellation of a partner’s licence  46
Division 5.7           Applications, objections and determination of applications for licences

Applications for licences by individuals 46
Applications for licences by companies 48
Objections to grant of licence 50
Grant or refusal of licence 51
Inquiry to be held by the board before refusing to grant a licence 54
Issue of licences 54

53A Licences subject to conditions 55

Company directors specified in licence 55

Division 5.8           Periodic fees
54A         Fees payable by licensed agents  57
Part 6Trust moneys, trust accounts and agents’ records
Division 6.1           Trust moneys

Trust money 58

Division 6.2 Trust accounts
55A Application of div 6.2 58

Opening of trust accounts 58
Payments of moneys into and from trust account 59

57A         Unclaimed trust moneys held by licensed agent  59
57B         Trust moneys held by former licensed agent  60
57C         Additional statement to be furnished  61
57D         Duties of board in relation to unclaimed moneys in trust account     62
57E         Application to recover moneys  63
57F         Determination of applications  63
57G         Offences etc  64

Protection of trust moneys 64
Provisions applicable to banks 65

59A Arrangement relating to trust bank account 65
Division 6.3 Agents’ records

Accounting records 65
Receipts 67

Division 6.4 Audit and inspection of trust accounts
61A Application of div 6.4 67

Meaning of prescribed period in div 6.4 67
Audit of accounts 68
Qualification of auditors 68
Agent to furnish documents and information to auditor 68
Auditor’s report 69
Agent’s statement relating to trust money 69
Report by auditor to registrar 71

Division 6.5 Other records to be kept by licensed agents

Records of other money 71

Division 6.6 Information to be furnished by banks

Inspection of bank accounts 72

Part 6ATravel agents‑miscellaneous provisions
71A         Qualified supervisors for travel agents’ businesses  75
71B         Participation in compensation scheme  75
71C         Powers of board of trustees  75
71D         Legal action by board of trustees  76
71E         Rights of board of trustees  76
71F         Dealings with unlicensed travel agents  76
71G         Publication of names of licensed travel agents  77
Part 6BEntry and inspection of premises
71H         Interpretation for pt 6B  78
71J Entry and inspection of premises  78
71K         Consent to entry and inspection  80
71L Search warrants  81
71M         Contravention of officer’s requirements  82
Part 6CAdministrative accounts
Division 6C.1        Agents statutory interest account
71N         Establishment and operation of interest account  83
71P         Payment of moneys into interest account  83
71Q         Application of moneys in interest account  84
Division 6C.2        Agents administration account
71R         Establishment and operation of administration account                85
71S         Payment of moneys into administration account  85
71T Application of moneys in administration account  85
Part 6DAgents fidelity guarantee fund
Division 6D.1        Establishment of agents fidelity guarantee fund
71U         Establishment and operation of fund  87
71V         Moneys of fund  87
71W         Application of moneys of fund  88
Division 6D.2        Claims against the fund
71X         Application of div 6D.2  88
71Y         Entitlement of person to claim compensation  88
71Z         Advertisement relating to claims  88
71ZA        Claims  89
71ZB        Requirement to furnish information and produce documents          90
71ZC        Requirement to institute proceedings  91
71ZD        Determination of claims  91
71ZE        Payment of compensation  92
71ZF        Interim payment of compensation  93
71ZG        Insufficiency of fund  93
71ZH        Subrogation  94
Part 7Rules of conduct for agents

Rules of conduct—licensed agents 95
Rules of conduct—registered agents 97

Part 8Proceedings for breaches of rules of conduct for agents

Registrar to call upon agent who appears to have committed a breach of rules of conduct 100
Inquiry by board 100

Part 8ACode of practice for employment agents
75A Approval of code of practice 102
75B Complying with approved code of practice 102
Part 9Surrender and revocation of licences

Surrender of licences 103
Revocation of registration or licence 104
Revocation where change of directors 106
Agent may give notice of intention to show cause against revocation 107
Failure to notify intention to show cause 107
Inquiry where agent shows cause 108
Suspension of travel or employment agent’s licence 108

82A Disqualification 109

Effect of revocation 110

83A Record of disqualification 110
Part 10Appointment of receiver or administrator

Appointment of receiver or administrator 111
Notice to bank 112
Powers, duties and liability of receiver or administrator 113
Remuneration of receiver or administrator 113

Part 11Inquiries by the agents board

Inquiries 115
Power to summon witnesses 116
Failure to attend or produce documents 117
Refusal to be sworn or give evidence 117
Record of proceedings at inquiry 118
Protection of members of the board 121
Protection of legal practitioners, witnesses etc 121
Fees and expenses to witnesses 121
Board may inspect books etc 122

Part 12Review of decisions

Review of decisions 123

98A Notification of decisions 124
Part 13Miscellaneous

Employment of disqualified persons 125
Offences by companies 126
Agent not to share commission 127
Improper use of licence 128
Improper use of title of real estate agent 128
Improper use of title of stock and station agent 129
Improper use of title of business agent 129

105A Improper use of title of travel agent 130
105B Improper use of title of employment agent 131

False or misleading advertisements 131
Preservation of accounting records 131
Obstruction of authorised officer 132
Production of licence for inspection 132
Inspection of register 132
Withholding deposits 132
Address of agent in advertisement 132
Misrepresentation of authority to act as real estate agent 133
Misrepresentation of authority to act as business agent 133
Notices to be displayed 133
Actions for commission 134
Rent collection by persons other than real estate agents 135
Service upon licensed agents and applicants for licences 135
Evidence of licensing 135
Requirement by registrar or inspector 135

120A Determination of fees 136
120B Agreements for regulations of travel agents’ business 136

Approved forms 136
Regulation-making power 137

Schedule 1Qualifications—travel agents 138
Endnotes

About the endnotes 140
Abbreviation key 140
Legislation history 141
Amendment history 147
Earlier republications 165

Agents Act 1968 (repealed)

An Act relating to the licensing of agents

Part 1Preliminary

Short title
This Act may be cited as the Agents Act 1968.
Application of Act
Subject to subsection (1A), this Act does not apply to or in relation to—
(a)an executor, an administrator, the public trustee, a trustee, a trustee company, a liquidator, a manager under the Guardianship and Management of Property Act 1991, a bailiff, a court officer, or a bank, as defined by the Banking Act 1959 (Cwlth), in the exercise of rights and powers, or the performance of duties and obligations, as such; or
(b)the holder of a licence under the Auctioneers Act 1959 in conducting a sale by auction within the meaning of that Act; or
(c)a legal practitioner in the exercise of rights and powers or the performance of duties and obligations in his or her professional capacity; or
(d)a Minister of State; or
(e)a prescribed authority.
Sections 57B, 57C, 57D and 57G apply in relation to the personal representative of a licensed agent to whom part 6, division 2 applies.
The Minister may, in writing, declare that a provision of this Act does not apply to a person.
A declaration may be given subject to conditions.
A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001
Interpretation
In this Act:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
administration account means the agents administration account established under section 71R.
administrator means a person appointed under section 84 (3) to administer an agent’s business.
agent means a real estate agent, stock and station agent, business agent, travel agent or employment agent.
applicant means an applicant for registration or for a licence.
authorised officer means the registrar, a deputy registrar or an inspector.
board means the Agents Board of the Australian Capital Territory established under section 8 (1).
board of trustees means the board of trustees of the trust established by the trust deed under which the compensation scheme is administered.
business, in relation to a real estate agent, stock and station agent, business agent, travel agent or employment agent, means the business carried on by the agent as mentioned in section 5A, 5B, 5C, 5D or 5DA respectively.
business agent means a person who, by virtue of section 5C, carries on business as a business agent.
chairperson means the person who is the chairperson of the board by virtue of section 10 (1).
commercial premises means premises in which a business, trade, profession or calling is carried on, excluding any part of the premises that is used for residential purposes.
company includes—
(a)a cooperative society; and
(b)a trade union.
compensation fund means the fund established and administered under the trust deed.
compensation scheme means the compensation scheme established and administered under the trust deed.
cooperative society means a body registered under the Cooperatives Act 2002.
Corporations Law means the Corporations Law set out in the Corporations Act 1989, section 82 (Cwlth).
corresponding law means a law of a State or another Territory that provides for the registration or licensing of a person who carries on business as an agent.
deputy chairperson means the deputy chairperson of the board elected under section 10 (2).
deputy registrar means a Deputy Registrar of Agents under section 6A.
director, in relation to a trade union, means an officer of the trade union.
employment agent means a person who, under section 5DA, carries on business as an employment agent.
failure to account, in relation to a licensed agent, means a failure by—
(a)the licensed agent; or
(b)an employee or agent of the licensed agent; or
(c)a person who has the apparent control or charge for the time being of the business of the licensed agent or of an office at which that business is carried on;
to account for money or other property entrusted, in the course of the conduct of the business of the licensed agent, to that licensed agent or that employee, agent or person.
fund means the agents fidelity guarantee fund established under section 71U.
inquiry means an inquiry in accordance with section 88.
inspector means an inspector under section 6B.
interest account means the agents statutory interest account established under section 71N.
land includes a unit within the meaning of the Unit Titles Act 2001.
lease includes a sublease.
licence, in relation to a real estate agent, a stock and station agent, a business agent, a travel agent or an employment agent, means a licence to carry on business as a real estate agent, a stock and station agent, a business agent, a travel agent or an employment agent respectively.
licensed agent means an agent in respect of whose business a licence is in force.
member means a member of the board, including the chairperson.
memorandum of association, in relation to a cooperative society or a trade union, means the rules of the society or union.
Minister of State means a Minister of the Crown of a State or a Minister of the Northern Territory.
model includes a person employed—
(a)to pose for a photographer, or for a painter, sculptor or other artist; or
(b)to wear and display clothes and other articles to potential customers or the public.
occupier, in relation to premises, includes the proprietor or a person who is, or is reasonably believed to be, in charge of the premises.
officer, in relation to a company, means—
(a)a director of the company; or
(b)in the case of a trade union—an officer of the union; or
(c)a secretary of the company; or
(d)a receiver or manager of property of the company; or
(e)an administrator of the company; or
(f)an official manager or deputy official manager of the company; or
(g)a liquidator of the company appointed in a voluntary winding up of the company; or
(h)a trustee or other person administering a compromise or arrangement made between the company and another person.
participant has the same meaning as in the trust deed.
pecuniary loss, in relation to a failure to account, includes—
(a)costs (including legal costs and disbursements of making and proving a claim for compensation in respect of the failure to account), charges and expenses incurred by a person as a direct consequence of the failure to account; and
(b)interest, in respect of the money or other property in relation to which the failure to account occurred to and including the date on which the entitlement of a claimant for compensation to the money or other property is established in accordance with this Act.
performer means an actor, singer, dancer, musician, acrobat, disc jockey or compere, or any other performer of any kind.
prescribed qualifications means the qualifications referred to in section 47C.
real estate agent means a person who, by virtue of section 5A, carries on business as a real estate agent.
receiver means a receiver appointed under section 84 (1) or (2).
register means a register kept pursuant to section 7 (1).
registered means registered under this Act.
registrar means the Registrar of Agents under section 6
rules of conduct means the rules of conduct established by part 2.
rural purposes has the same meaning as in the Leases Act 1918, section 4AA.
stock and station agent means a person who, by virtue of section 5B, carries on business as a stock and station agent.
trade union has the same meaning as in the Workplace Relations Act 1996 (Cwlth).
travel agent means a person who, by virtue of section 5D, carries on business as a travel agent.
trust account means an account opened and maintained under section 56 (1).
trust deed means—
(a)the deed made 12 December 1986 by the Crown in the rights of the States of New South Wales, Victoria, South Australia and Western Australia, being the deed under which are established and administered a travel compensation fund, and a compensation scheme, in relation to business carried on by travel agents; or
(b)if that deed is amended under the deed—that deed as amended; or
(c)if that deed is superseded by another deed under which are established and administered such a fund and scheme—
(i)that other deed; or
(ii)if that other deed is amended under a clause of the deed—that other deed as amended.
trust money means money deemed to be held in trust pursuant to section 55.

(1A) Subject to subsection (1B), a reference in this Act to a company shall be read as a reference to a body corporate whether formed or incorporated in the Territory or outside the Territory.
(1B) A reference in part 5 to a company shall not be read as including a reference to—
(a)a body corporate incorporated within the Commonwealth that is a public authority or instrumentality or agency of the Crown; or
(b)a corporation sole; or
(c)a building society; or
(d)a credit union; or
(e)an association, society, institution or body incorporated under the Associations Incorporation Act 1991.

5AReal estate agents—interpretation
A person carries on business as a real estate agent if, in the course of carrying on business, the person acts, or holds out or advertises that he or she is prepared to act, as agent for principals—
(a)in the sale, purchase, exchange, leasing or letting of land; or
(b)in the collection of rents payable under leases, or in respect of letting, of land; or
(c)in the collection of payments under a mortgage of land or payments under a terms contract in respect of land;

whether the land is used for rural or other purposes.
5BStock and station agents—interpretation
A person carries on business as a stock and station agent if, in the course of carrying on business, the person acts, or holds out or advertises that he or she is prepared to act, as agent for principals—
(a)in the sale, purchase, exchange, leasing or letting of land used for rural purposes; or
(b)in the collection or rents payable under leases, or in respect of the letting, of land used for rural purposes; or
(c)in the sale, purchase or exchange of livestock; or
(d)in the provision of agistment for livestock; or
(e)in the collection of charges for the agistment of livestock.

5CBusiness agents—interpretation
A person carries on business as a business agent if, in the course of carrying on business, the person acts, or holds out or advertises that he or she is prepared to act, as agent for principals in the sale, purchase or exchange, or in other dealings with, or in the disposition of, or in the negotiations for the sale, purchase, exchange or other dealing with, or disposition of, the goodwill in, or stock-in-trade of, businesses.
5DTravel agents—interpretation

A person carries on business as a travel agent if, in the course of carrying on business, the person—
(a)sells tickets entitling another person to travel, or otherwise arranges for another person a right of passage, on a conveyance; or
(b)sells to, or arranges or makes available for, another person rights of passage to, and hotel or other accommodation at, 1 or more places (whether or not the place, or any of the places, is in the Territory); or
(c)purchases for resale the right of passage on a conveyance; or
(d)holds out or advertises that he or she is prepared to carry on an activity referred to in paragraph (a), (b) or (c).
A person shall not be taken to carry on business as a travel agent—
(a)in respect of an activity referred to in subsection (1) (a)—
(i)if the person is the proprietor of the conveyance in respect of which the activity is carried on; or
(ii)if the conveyance is used solely for the purposes of carrying passengers from a place and returning them to that place on the same day; or
(b)in respect of an activity referred to in subsection (1) (b)—if the person is the proprietor of the conveyance and place of accommodation in respect of which the activity is carried on; or
(c)in respect of an activity referred to in subsection (1) (c)—if the conveyance is used solely for the purposes of carrying passengers from a place and returning them to that place on the same day; or
(d)only because the person holds out or advertises that he or she is prepared to carry on an activity as mentioned in paragraph (a), (b) or (c).
In subsection (2):
(a)a reference to the proprietor of a conveyance—
(i)shall be read as including a reference to a person who has lawful possession of the conveyance but not the property in it; and
(ii)shall not be read as including a reference to a person who has the property in the conveyance but does not have possession of it because of its being the subject of a mortgage, bill of sale, hire-purchase agreement or other hiring agreement, lease, licence or bailment; and
(b)a reference to the proprietor of a place of accommodation shall be read as a reference to the person in possession of the land that is, or on which is situated, the place of accommodation.

5DAEmployment agents—interpretation

A person carries on business as an employment agent if, in the course of carrying on business, the person—
(a)finds or assists in finding a person to carry out work for a person seeking to have work carried out; or
(b)finds or assists in finding employment for a person seeking to be employed; or
(c)holds out or advertises that he or she is prepared to carry on an activity referred to in paragraph (a) or (b).
A person shall not be taken to carry on business as an employment agent only because the person—
(a)publishes an advertisement placed by or on behalf of some other person who is seeking to have work carried out or to be employed; or
(b)carries out any functions in the course of his or her employment by some other person.
For the purposes of subsection (1) it is immaterial whether the employment or work referred to in that subsection is to be undertaken or carried out pursuant to a contract of employment or otherwise.

5EEmployees of agents
A person shall not be taken to carry on business as an agent only because the person does anything referred to in section 5A, 5B, 5C, 5D or 5DA in the course of his or her employment.
5FFit and proper person

Without limiting the generality of sections 51 (3) (e) (ii), (f) (i) and (ii), (g) (ii) and (h) (i) and (ii), 77 (1) (b) and 82A (3) (a), when determining whether a person is a fit and proper person for the purposes of those provisions, the board may have regard to whether the person—
(a)has been convicted of an offence involving fraud or dishonesty within the period of 10 years immediately preceding—
(i)if the board is considering whether to refuse an application for the grant of a licence on the grounds referred to in section 51 (3) (e) (ii), (f) (i) or (ii), (g) (ii) or (h) (i) or (ii)—the day on which the application was made; or
(ii)in any other case—the day on which the board considers whether to revoke an agent’s registration or licence on the grounds referred to in section 77 (1) (b), or the day on which the board considers whether to disqualify the person from being involved in the direction, management or conduct of an agent’s business on the grounds referred to in section 82A (3) (a), as the case requires; or
(b)has, within that period, served any part of a term of imprisonment for such an offence; or
(c)is, at the time the application, revocation or disqualification, as the case may be, is considered by the board—
(i)bound in relation to such an offence by a recognisance; or
(ii)the subject of a charge pending in relation to such an offence; or
(d)has, at any time, been convicted of an offence against this Act or a corresponding law; or
(e)has been refused a licence under a corresponding law; or
(f)has been the subject of action taken under a corresponding law that has an effect similar to the effect of action taken under section 75.
A reference in subsection (1) to a person’s conviction shall be read as including a reference to an order made in relation to the person under the Crimes Act 1900, section 402 or under a law of a State or another Territory that provides for the conditional release of offenders without proceeding to conviction.
Registrar of Agents
There shall be a Registrar of Agents.
The chief executive shall create and maintain an office in the public service the duties of which include performing the functions of the Registrar of Agents.
The registrar shall be the public servant for the time being performing the duties of the public service office referred to in subsection (2).

6ADeputy Registrars of Agents
(1) There may be 1 or more Deputy Registrars of Agents.
(2) A deputy registrar may perform any function of the registrar, subject to any direction of the registrar.
(3) The chief executive shall create and maintain 1 or more offices in the public service the duties of which include performing the functions of a Deputy Registrar of Agents.
(4) A deputy registrar shall be any public servant for the time being performing the duties of a public service office referred to in subsection (3).
6BInspectors
(1) There may be 1 or more inspectors for the purposes of this Act.
(2) An inspector shall perform such functions for the purposes of this Act as the registrar directs.
(3) The chief executive shall create and maintain 1 or more offices in the public service the duties of which include performing the functions of an inspector.
(4) An inspector shall be any public servant for the time being performing the duties of a public service office referred to in subsection (3).
6CInspectors—identity cards
(1) The chief executive must issue to the registrar, the deputy registrar and each inspector an identity card that—
(a)states the name and position of the person to whom it is issued; and
(b)includes a recent photograph of the person.

(2) A person—
(a)to whom an identity card was issued under subsection (1); and
(b)who ceases to occupy or act in the position the person held when the card was issued;

must, unless the person has a reasonable excuse, return the card to the chief executive as soon as practicable, but no later than 21 days, after ceasing to occupy or act in the position.
Maximum penalty: 1 penalty unit.

Register

(1) The registrar shall keep the following registers:
(a)the register of real estate agents;
(b)the register of stock and station agents;
(c)the register of business agents;
(d)the register of travel agents;
(e)the register of employment agents.

(2) The registrar shall enter in a register such particulars as are prescribed or as the board directs.

Part 2The agents board

The agents board

(1) For the purposes of this Act, there shall be an Agents Board of the Australian Capital Territory.

The board—
(a)is a body corporate, with perpetual succession; and
(b)shall have a common seal; and
(c)may acquire, hold and dispose of personal property; and
(d)may sue and be sued in its corporate name.

(3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the board affixed to a document and shall presume that it was duly affixed.

Constitution of the board

(1) The board shall consist of 7 members, of whom 1 at least shall be a legal practitioner.
(2) The members of the board shall be appointed by the Minister.
(3) A member holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment.
(5) Where the office of a member becomes vacant before the expiration of his or her term of office, the Minister may appoint a person to hold the office for the unexpired part of that term.
(6) A member is eligible for reappointment.

Chairperson and deputy chairperson

(1) The Minister shall in writing appoint a member to be chairperson of the board.
(2) There shall be a deputy chairperson of the board who shall be 1 of the members of the board (other than the chairperson of the board) elected by members of the board.
(3) The deputy chairperson holds office for a period of 1 year but is eligible for re-election.

Ending of appointments
The Minister may end the appointment of a member—
(a)if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(b)for misbehaviour; or
(c)for physical or mental incapacity; or
(d)if the member is convicted in Australia of an offence the maximum punishment for which is imprisonment for at least 1 year; or
(e)if the member is absent, except on leave granted by the chairperson, from 3 consecutive meetings of the board; or
(f)if the member, without reasonable excuse, contravenes section 16A (Disclosure of interests).
NoteA person’s appointment also ends if the person resigns (see Legislation Act 2001, s 210)
Acting appointments

(1) The Minister may, in writing, appoint a person to act as a member—
(a)during a vacancy in the office of a member, whether or not an appointment has previously been made to the office; or
(b)during any period, or during all periods, when a member is absent from duty or from the Territory or is, for any other reason, unable to perform the functions of the office;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2) A person appointed under this section shall be paid such remuneration and allowances as are payable to a member.
(3) Anything done by, or in relation to, a person purporting to act under this section is not invalid on the ground that—
(a)the occasion for the person’s appointment had not arisen; or
(b)there is a defect or irregularity in connection with the person’s appointment; or
(c)the person’s appointment has ceased to have effect.

Meetings of the board

(1) The board shall meet as and when necessary and so that not more than 6 months elapses between any 2 meetings of the board.
(2) A meeting of the board shall be convened by the chairperson by notice in writing to other members of the board, and shall be held at the time and place specified in the notice.
(3) The chairperson shall preside at all meetings of the board at which he or she is present.
(4) At a meeting of the board at which the chairperson is not present, the deputy chairperson shall preside.
(5) At a meeting of the board, the chairperson or deputy chairperson and 2 other members constitute a quorum.
(6) A question arising at a meeting of the board shall be determined by a majority of votes of the members present and voting.
(7) The member presiding at a meeting of the board has a deliberative vote and, in the event of any equality of votes, also has a casting vote.
(8) The board shall keep a record of its proceedings.
(9) Subject to this Act, the procedure at meetings of the board shall be as the board determines.
16ADisclosure of interests

A member who has a relevant interest in an issue being considered, or about to be considered, by the board must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.
The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the member must not—
(a)be present when the board considers the issue; or
(b)take part in a decision of the board on the issue.
Any other member who also has a relevant interest in the issue must not—
(a)be present when the board is considering its decision under subsection (2); or
(b)take part in making the decision.
Within 7 days after the end of each financial year, the chairperson must give the Minister a statement of any disclosure of interest made under this section during the financial year.
The Minister must give a copy of a statement received under subsection (4) to the relevant committee of the Legislative Assembly within 14 days after the day the Minister receives the statement.
In subsection (5):
relevant committee means—
(a)a standing committee of the Legislative Assembly nominated by the Speaker for subsection (5); or
(b)if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for the scrutiny of public accounts.
relevant interest means—
(a)a direct or indirect financial interest; or
(b)a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of an issue.
Delegation by board

(1) The board may, either generally or in relation to a matter or class of matters, by writing under its seal, delegate to a member or to a committee consisting of members any of its powers under this Act, except this power of delegation.
(2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the board.
17AAnnual reports of board
The report of the board under the Annual Reports (Government Agencies) Act 1995 for a financial year must include—
(a)the number, and an outline of the nature and outcome, of the complaints made to the board during the financial year; and
(b)the name of anyone who was subject to an inquiry completed by the board during the financial year and an outline of the nature and outcome of the inquiry; and
(c)the number of agents given a licence or registered during the financial year; and
(d)an outline of the educational activities undertaken by the board during the financial year to tell consumers about their rights under this Act; and
(e)a list of the names of all employment agents licensed under this Act at any time during the financial year.

Part 3Carrying on business without a licence and related matters

Natural persons to be licensed

(1) A person (other than a company) shall not carry on business in the Territory as a real estate agent unless—
(a)the person is the holder of a real estate agent’s licence; or
(b)the person is a member of a partnership or firm carrying on business as real estate agents, he or she is a registered agent and another member of the partnership or firm is the holder of a real estate agent’s licence.

Maximum penalty: 20 penalty units.
(2) A person (other than a company) shall not carry on business in the Territory as a stock and station agent unless—
(a)the person is a holder of a stock and station agent’s licence; or
(b)the person is a member of a partnership or firm carrying on business as stock and station agents, he or she is a registered agent and another member of the partnership or firm is the holder of a stock and station agent’s licence.

Maximum penalty: 20 penalty units.
(3) A person (other than a company) shall not carry on business in the Territory as a business agent unless—
(a)the person is a holder of a business agent’s licence; or
(b)the person is a member of a partnership or firm carrying on business as business agents, he or she is a registered agent and another member of the partnership or firm is the holder of a business agent’s licence.

Maximum penalty: 20 penalty units.
(4) A person (other than a company) shall not carry on business as a travel agent unless the person holds a travel agent’s licence.
Maximum penalty: 20 penalty units.
(5) A person (other than a company) shall not carry on business as an employment agent unless the person holds an employment agent’s licence.

Maximum penalty: 20 penalty units.

Companies to be licensed

(1) A company shall not carry on business as a real estate agent unless the company is the holder of a real estate agent’s licence.
Maximum penalty: 20 penalty units.
(2) A company shall not carry on business as a stock and station agent unless the company is the holder of a stock and station agent’s licence.
Maximum penalty: 20 penalty units.
(3) A company shall not carry on business as a business agent unless the company is the holder of a business agent’s licence.
Maximum penalty: 20 penalty units.
(4) A company shall not carry on business as a travel agent unless it holds a travel agent’s licence.
Maximum penalty: 20 penalty units.
(5) A company shall not carry on business as an employment agent unless it holds an employment agent’s licence.
Maximum penalty: 20 penalty units.
19A Unlicensed travel agents—additional penalty

Where a travel agent is convicted of an offence against section 18 (4) or 19 (4) the court may, in addition to imposing a penalty in respect of the offence, order the person to pay to the registrar an amount determined by the court, being an amount not exceeding the profit derived by the agent from carrying on business as a travel agent in the period during which the agent was carrying on business without a licence.

(2) An amount equal to the amount paid to the registrar pursuant to subsection (1) shall be paid to the board of trustees for the purposes of the trust.
(3) An amount payable under an order made pursuant to subsection (1) is recoverable by the Territory in a court of competent jurisdiction as a debt due.
19B Licensed employment agents—receipt of remuneration
(1) A person or company who holds an employment agent’s licence shall not, in connection with carrying on business as an employment agent, demand or receive any fee, charge or other remuneration except from a person for whom the licensee finds, or assists in finding, a person to undertake employment or otherwise to carry out work.
Maximum penalty: 20 penalty units.
(2) This section does not apply in relation to a model or performer .

Part 4Registration of agents
Division 4.1 General

Definitions for pt 4
In this part:
prescribed date means the date fixed, for the purposes of this division, under section 21.
prescribed person means a person who has the required qualifications for registration as an agent by virtue of section 26 (2), 30 (2) or 34 (2).
Prescribed date
The regulations may specify, for the purposes of this division, a date, not being a date earlier than 3 years after the date of commencement of this Act, as the date after which applicants for registration, other than applicants who are prescribed persons, shall hold the educational qualifications required by the regulations to be held by applicants for registration.
Regulations to prescribe educational qualifications to be held after the prescribed date
The regulations may make provision for or in relation to the educational qualifications to be held by persons, other than prescribed persons, who apply, after the date specified under section 21, for registration as real estate agents, as stock and station agents and as business agents.

Division 4.2 Qualifications required for registration as real estate agents

Qualifications for registration as real estate agent—applications after prescribed date

(1) A person who applies, after the prescribed date, for registration as a real estate agent has the required qualifications for registration as a real estate agent if the person—
(a)has attained the age of 18 years; and
(b)is of good fame and character; and
(c)holds the educational qualifications required by the regulations to be held by an applicant for registration as a real estate agent; and
(d)has been employed by a person, partnership, firm or company carrying on business either within or outside the Territory as a real estate agent for a period of, or for periods that aggregate, not less than 3 years; and
(e)has—
(i)an adequate knowledge of the duties, obligations and rights of a real estate agent; and
(ii)gained, in the employment referred to in paragraph (d), adequate practical experience relevant to the business of a real estate agent.

(2) A person who applies, after the prescribed date, for registration as a real estate agent has the required qualifications for registration as a real estate agent if—
(a)the person is licensed or registered as a real estate agent under the law of a State or another Territory providing for the licensing or registration of real estate agents; and
(b)the person satisfies the board that he or she has an adequate knowledge of the duties, obligations and rights of a real estate agent.

Provisions applicable in relation to periods of employment

(1) Where an applicant for registration as a real estate agent—
(a)is an employee of a person, partnership, firm or company carrying on within the Territory business as a real estate agent; and
(b)before becoming such an employee carried on, within or outside the Territory, business as a real estate agent on his or her own account or as a member of a partnership or firm for a period;

the applicant shall, for the purposes of this division, be deemed to have been, during the period referred to in paragraph (b), employed by a person, partnership, firm or company carrying on business as a real estate agent.
(2) Where—
(a)the period for which an applicant for registration as a real estate agent has been, or is to be deemed to have been, employed by a person, partnership, firm or company carrying on business as a real estate agent is a period that is less than 3 years; and
(b)the applicant has been employed by a person, partnership, firm or company carrying on, within or outside the Territory, business as a stock and station agent or a business agent, for a period which, when added to the period for which he or she was employed as a real estate agent, exceeds 3 years;

the board may in its discretion, regard that person as being a person who has been employed by a person, partnership, firm or company carrying on business as a real estate agent for a period of, or for periods that aggregate, not less than 3 years.
(3) In this division, a reference to a person, partnership, firm or company carrying on business as a real estate agent outside the Territory shall be read as a reference to a person, partnership, firm or company who is, under the law of the State where the business is carried on, licensed to carry on that business.
(4) In this division, a reference to a person, partnership, firm or company carrying on business as a real estate agent within the Territory shall, on and after the date of commencement of this Act, be read as a reference to a person carrying on business as a licensed real estate agent, to a partnership or firm 1 of the members of which is a licensed real estate agent or to a company which is a licensed real estate agent, as the case requires.
Division 4.3 Qualifications required for registration as stock and station agents

Qualifications for registration as stock and station agent—applications after prescribed date

(1) A person who applies, after the prescribed date, for registration as a stock and station agent has the required qualifications for registration as a stock and station agent if the person—
(a)has attained the age of 18 years; and
(b)is of good fame and character; and
(c)holds the educational qualifications required by the regulations to be held by an applicant for registration as a stock and station agent; and
(d)has been employed by a person, partnership, firm or company carrying on business either within or outside the Territory as a stock and station agent for a period of, or for periods that aggregate, not less than 3 years; and
(e)has—
(i)an adequate knowledge of the duties, obligations and rights of a stock and station agent; and
(ii)gained, in the employment referred to in paragraph (d), adequate practical experience relevant to the business of a stock and station agent.

(2) A person who applies, after the prescribed date, for registration as a stock and station agent has the required qualifications for registration as a stock and station agent if—
(a)the person is licensed or registered as a stock and station agent under the law of a State or another Territory providing for the licensing or registration of stock and station agents; and
(b)the person satisfies the board that he or she has an adequate knowledge of the duties, obligations and rights of a stock and station agent.

Provisions applicable in relation to periods of employment

(1) Where an applicant for registration as a stock and station agent—
(a)is an employee of a person, partnership, firm or company carrying on, within the Territory, business as a stock and station agent; and
(b)before becoming such an employee carried on, within or outside the Territory, business as a stock and station agent on his or her own account or as a member of a partnership or firm for a period;

the applicant, shall, for the purposes of this division, be deemed to have been, during the period referred to in paragraph (b), employed by a person, partnership, firm or company carrying on business as a stock and station agent.
(2) Where—
(a)the period for which an applicant for registration as a stock and station agent has been, or is to be deemed to have been, employed by a person, partnership, firm or company carrying on business as a stock and station agent is a period that is less than 3 years; and
(b)the applicant has been employed by a person, partnership, firm or company carrying on, within or outside the Territory, business as a real estate agent or a business agent, for a period which when added to the period for which he or she was employed as a stock and station agent exceeds 3 years;

the board may, in its discretion, regard that person as being a person who has been employed by a person, partnership, firm or company carrying on business as a stock and station agent for a period of, or for periods that aggregate, not less than 3 years.
(3) In this division, a reference to a person, partnership, firm or company carrying on business as a stock and station agent outside the Territory shall be read as a reference to a person, partnership, firm or company who is, under the law of the State where the business is carried on, licensed to carry on that business.
(4) In this division, a reference to a person, partnership, firm or company carrying on business as a stock and station agent within the Territory shall, on and after the date of commencement of this Act be read as a reference to a person carrying on business as a licensed stock and station agent, to a partnership or firm 1 of the members of which is a licensed stock and station agent or to a company which is a licensed stock and station agent, as the case requires.
Division 4.4 Qualifications required for registration as business agents

Qualifications for registration as business agent—applications after prescribed date

(1) A person who applies, after the prescribed date, for registration as a business agent has the required qualifications for registration as a business agent if the person—
(a)has attained the age of 18 years; and
(b)is of good fame and character; and
(c)holds the educational qualifications required by the regulations to be held by an applicant for registration as a business agent; and
(d)has been employed by a person, partnership, firm or company carrying on business either within or outside the Territory as a business agent for a period of, or for periods that aggregate, not less than 3 years; and
(e)has—
(i)an adequate knowledge of the duties, obligations and rights of a business agent; and
(ii)gained, in the employment referred to in paragraph (d), adequate practical experience relevant to the business of a business agent.

(2) A person who applies, after the prescribed date, for registration as a business agent has the required qualifications for registration as a business agent if—
(a)the person is licensed or registered as a business agent under the law of a State or another Territory providing for the licensing or registration of business agents; and
(b)the person satisfies the board that he or she has an adequate knowledge of the duties, obligations and rights of a business agent.

Provisions applicable in relation to periods of employment

(1) Where an applicant for registration as a business agent—
(a)is an employee of a person, partnership, firm or company carrying on, within the Territory, business as a business agent; and
(b)before becoming such an employee carried on, within or outside the Territory, business as a business agent on his or her own account or as a member of a partnership or firm for a period;

the applicant shall, for the purposes of this division, be deemed to have been, during the period referred to in paragraph (b), employed by a person, partnership, firm or company carrying on business as a business agent.
(2) Where—
(a)the period for which an applicant for registration as a business agent has been, or is to be deemed to have been, employed by a person, partnership, firm or company carrying on business as a business agent is a period that is less than 3 years; and
(b)the applicant has been employed by a person, partnership, firm or company carrying on, within or outside the Territory, business as a real estate agent or a stock and station agent, for a period which, when added to the period for which he or she was employed as a business agent exceeds 3 years;

the board may, in its discretion, regard that person as being a person who has been employed by a person, partnership, firm or company carrying on business as a business agent for a period of, or for periods that aggregate, not less than 3 years.
(3) In this division, a reference to a person, partnership, firm or company carrying on business as a business agent outside the Territory shall be read as a reference to a person, partnership, firm or company who is, under the law of the State where the business is carried on, licensed to carry on that business.
(4) In this division, a reference to a person, partnership, firm or company carrying on business as a business agent within the Territory shall, on or after the date of commencement of this Act, be read as a reference to a person carrying on business as a licensed business agent, to a partnership or firm one of the members of which is a licensed business agent or to a company which is a licensed business agent, as the case requires.
Division 4.5 Applications for registration and objections to applications

Applications for registration
An application for registration as an agent—
(a)shall be lodged with the registrar not earlier than 7 days after, and not later than 14 days after, the applicant has—
(i)caused to be published in a daily newspaper published and circulating in the Territory notice of the fact that he or she intends to apply for registration as a real estate agent, as a stock and station agent or as a business agent and stating the applicant’s full name and residential address; and
(ii)served on the commissioner of police notice of the fact that he or she intends to apply for registration as an agent and setting out the applicant’s full name, date and place of birth, present residential address and any other addresses at which he or she has resided during the 3 years immediately preceding the date on which the notice is given to the commissioner of police; and
(b)shall be accompanied by a copy of each of the notices referred to in paragraph (b) and a statement setting out the date on which those notices were published and served; and
(c)shall be accompanied by evidence of the applicant’s age; and
(d)shall be accompanied by a written statement setting out such particulars as are necessary to show that the applicant has the required qualifications for registration; and
(e)shall be accompanied by certificates by 2 persons certifying with respect to the fame and character of the applicant.
NoteIf a form is approved under s 121 (Approved forms) for an application, the form must be used.
Objections to registration
The commissioner of police may, within 21 days after the date on which the notice referred to in section 36 (a) (ii) is served on him or her, object, by notice in writing lodged with the registrar, to the application for registration on the ground that the applicant is not of good fame and character.

(2) Any other person may, within 14 days after the publication of the notice referred to in section 36 (a) (i), object, by notice in writing lodged with the registrar, to the grant of the application for registration on the ground that the applicant is not of good fame and character.
(3) The registrar may, within 14 days after the lodgment of an application for registration, object by notice in writing signed by him or her to the grant of the application on the ground that the applicant does not have the required qualifications for registration as an agent.
(4) A notice of objection under this section shall be filed by the registrar and a copy of the notice shall be served on the applicant for registration.
Division 4.6 Determination by the board of applications

Grant or refusal of registration

(1) The board shall consider each application for registration as an agent and—
(a)shall grant the application and authorise the issue of a certificate of registration to the applicant; or
(b)may refuse the application.

(2) The board may, whether or not an objection to the grant of an application for registration has been lodged, require an applicant, to attend in person before the board and may require the applicant to furnish to the board, either in writing or orally, such further information as the board requires to be furnished.
(3) Except as provided in subsection (4), the board shall not refuse an application for registration as an agent unless—
(a)the applicant for registration refuses or fails to attend before the board or to furnish the further information required by the board in pursuance of subsection (2); or
(b)the applicant for registration fails to establish that he or she has the required qualifications for registration; or
(c)the application does not comply with the requirements of section 36.

(4) Where the board finds that, in the case of an objection made by the registrar on the ground specified in section 37 (3) (c), the ground has been established, the board may grant or refuse the application for registration as an agent.

Inquiry to be held by the board before refusing registration
Where an objection is lodged under section 37 or the board considers that there may be grounds for refusing an application for registration as an agent, the board shall hold an inquiry into the matter.
Grounds for refusing application to be notified to the applicant
Where the board refuses to grant an application for registration as an agent, the board shall—
(a)record the reasons for its decision; and
(b)serve on the applicant, within 7 days, after so deciding, notice of its decision; and
(c)if the applicant so requests, supply him or her with a copy of those reasons.

Registration certificates
Where the board grants an application for registration as an agent, the registrar must issue a certificate of registration as an agent to the applicant.
NoteA fee may be determined under s 120A (Determination of fees) for this section.

Division 4.7 Periodic fees
41AFees payable by registered agents

Before 1 July in each financial year, a registered agent must pay to the registrar the annual registration fee for the financial year.
In this section:
annual registration fee, for a financial year, means the fee determined under section 120A (Determination of fees) for this section for a financial year.

Part 5Licences to carry on business as agents
Division 5.1 Eligibility for grant of licence as real estate agent

Eligibility—natural persons
A person, other than a company, is eligible for the grant of a licence to carry on business as a real estate agent if—
(a)the person is a registered real estate agent or has applied for registration as a real estate agent; and
(b)by reason of the person’s experience as a real estate agent before the commencement of this Act or of the person’s experience as a registered real estate agent after that commencement, or both, he or she is competent to carry on business on his or her own account as a licensed real estate agent; and
(c)the person is of good fame and character.
Eligibility—companies

(1) A company is eligible for the grant of a licence to carry on business as a real estate agent if—
(a)the company is not prohibited by its memorandum of association from carrying on business as a real estate agent; and
(b)at least 1 of the directors of the company is a registered real estate agent or has applied for registration as a real estate agent and that director’s experience has been such that he or she is competent to carry on business on his or her own account as a licensed real estate agent; and
(c)each director of the company is a person of good fame and character.

Division 5.2 Eligibility for grant of licence as stock and station agent

Eligibility—natural persons
A person, other than a company, is eligible for the grant of a licence to carry on business as a stock and station agent if—
(a)the person is a registered stock and station agent or has applied for registration as a stock and station agent; and
(b)the person’s experience as a stock and station agent before the commencement of this Act or the person’s experience as a registered stock and station agent after that commencement, or both, has been such that he or she is competent to carry on business on his or her own account as a licensed stock and station agent; and
(c)the person is of good fame and character.
Eligibility—companies

(1) A company is eligible for the grant of a licence to carry on business as a stock and station agent if—
(a)the company is not prohibited by its memorandum of association from carrying on business as a stock and station agent; and
(b)at least 1 of the directors of the company is a registered stock and station agent or has applied for registration as a stock or station agent and that director’s experience has been such that he or she is competent to carry on business on his or her own account as a licensed stock and station agent; and
(c)each director of the company is a person of good fame and character.

Division 5.3 Eligibility for grant of licence as business agent

Eligibility—natural persons
A person, other than a company, is eligible for the grant of a licence to carry on business as a business agent if—
(a)the person is a registered business agent or has applied for registration as a business agent; and
(b)the person’s experience as a business agent before the commencement of this Act or his or her experience as a registered business agent after that commencement, or both, has been such that the person is competent to carry on a business on his or her own account as a licensed business agent; and
(c)the person is of good fame and character.
Eligibility companies

(1) A company is eligible for the grant of a licence to carry on business as a business agent if—
(a)the company is not prohibited by its memorandum of association from carrying on business as a business agent; and
(b)at least 1 of the directors of the company is a registered business agent or has applied for registration as a business agent and that director’s experience has been such that he or she is competent to carry on business on his or her own behalf as a licensed business agent; and
(c)each director of the company is a person of good fame and character.

Division 5.4 Eligibility for grant of travel agent’s licence
47AEligibility—natural persons
A person other than a company is eligible for the grant of a travel agent’s licence if—
(a)the person is at least 18 years of age; and
(b)the person has the prescribed qualifications; and
(c)the board of trustees has determined under the trust deed that the person is eligible to be a participant; and
(d)the person has paid an initial contribution to the compensation fund in accordance with the trust deed; and
(e)the person is not disqualified under section 82A (1) or (2) or a corresponding law from holding a travel agent’s licence; and
(f)the person is not disqualified under section 82A (3) or a corresponding law from being involved in the direction, management or conduct of a travel agent’s business.

47BEligibility—companies
A company is eligible for the grant of a travel agent’s licence if—
(a)each person involved in the management of the company is at least 18 years of age; and
(b)a director of the company has the prescribed qualifications; and
(c)the company is not prohibited by its memorandum of association from carrying on business as a travel agent; and
(d)the board of trustees has determined under the trust deed that the company is eligible to be a participant; and
(e)the company has paid an initial contribution to the compensation fund in accordance with the trust deed; and
(f)the company is not disqualified under section 82A (1) or (2) or a corresponding law from holding a travel agent’s licence; and
(g)no officer of the company is disqualified under section 82A (3) or a corresponding law from being involved in the direction, management or conduct of a travel agent’s business.

47C Qualifications for travel agent, director or manager
For the purposes of sections 47A (b) and 47B (b), a person has the prescribed qualifications if the person—
(a)is of good fame and character; and
(b)has 3 years experience in carrying on business as a travel agent or as an employee of a travel agent; and
(c)has a qualification set out in schedule 1.

Division 5.5 Eligibility for grant of employment agent’s licence
47CA Eligibility—natural persons
A person, other than a company, is eligible for the grant of an employment agent’s licence if—
(a)the person is at least 18 years of age; and
(b)the person is not disqualified under section 82A (1) or (2) or a corresponding law from holding an employment agent’s licence; and
(c)the person is not disqualified under section 82A (3) or a corresponding law from being involved in the direction, management or conduct of an employment agent’s business.

47CBEligibility—companies
A company is eligible for the grant of an employment agent’s licence if—
(a)each person involved in the management of the company is at least 18 years of age; and
(b)the company is not prohibited by its memorandum of association from carrying on business as an employment agent; and
(c)the company is not disqualified under section 82A (1) or (2) or a corresponding law from holding an employment agent’s licence; and
(d)no officer of the company is disqualified under section 82A (3) or a corresponding law from being involved in the direction, management or conduct of an employment agent’s business.

Division 5.6 Licences held by partnerships
47D Application
Where a licence issued in the name of 1 of a number of partners is held for the purposes of the partnership, sections 47F, 47G and 47H apply in relation to the licensee and to each partner—
(a)whether or not the partner’s name appears on the licence; and
(b)whether or not section 47E (1), (2), (3) or (4), as the case requires, has been compiled with in relation to the partner.

47E Notice of partnership
(1) Where 1 of a number of partners applies for a licence for the purposes of the partnership, the applicant shall attach to the application written particulars of—
(a)the name and residential address of each partner; and
(b)the name under which the partners are or will be carrying on the business in respect of which the application is made.

(2) Where a licensee enters into partnership with another person or persons after the licence is issued, and the licence is to be held for the purposes of the partnership, the licensee shall, within 1 month after the partnership was formed—
(a)give the registrar written particulars of—
(i)the name and residential address of each partner; and
(ii)the name under which the partners are or will be carrying on the business to which the licence relates; and

(b)if the licence has been issued—lodge the licence with the registrar.

(3) Where a licence issued before the commencement of the Agents (Amendment) Act (No. 2) 1988 is held by 1 of a number of partners for the purposes of the partnership, the licensee shall, within 1 month after that commencement—
(a)give the registrar written particulars of—
(i)the name and residential address of each partner; and
(ii)the name under which the partners are carrying on business at the premises to which the licence relates; and

(b)lodge the licence with the registrar.

(4) If any change occurs in the particulars referred to in subsection (1) (whether before or after the licence is issued) or in the particulars referred to in subsection (2) or (3), the applicant or the licensee, as the case requires—
(a)shall give the registrar particulars of the change within 1 month after its occurrence; and
(b)if the licence has been issued—lodge the licence with the registrar.
Note A fee may be determined under s 120A (Determination of fees) for this section.

(5) Where a licence has been lodged with the registrar pursuant to subsection (2), (3) or (4), the registrar shall, with the approval of the board, endorse on the licence the particulars most recently given to the registrar and shall, as soon as practicable, send the licence to the licensee.
47F Rights and liabilities of partners
Where a licence issued in the name of 1 of a number of partners is held for the purposes of the partnership, each partner has, in relation to the licence, all the rights and duties of the licensee.
47G Offences by partners
(1) For the purposes of this Act, where—
(a)a licence issued in the name of 1 of a number of partners is held for the purposes of the partnership; and
(b)any of the partners who is involved in the direction, management or conduct of the business in respect of which the licence was issued—
(i)does anything that would constitute a breach of the rules of conduct if it were done by the licensee; or
(ii)is convicted of an offence against this Act;

the licensee shall be taken respectively to be guilty of a breach of the rules of conduct or to have been convicted of that offence.
(2) A reference in subsection (1) to a person’s conviction shall be read as including a reference to an order made in relation to the person under the Crimes Act 1900, section 402 or under a law of a State or another Territory that provides for the conditional release of offenders without proceeding to conviction.
47H Suspension or cancellation of a partner’s licence
Where a licence held by 1 of a number of partners for the purposes of the partnership is suspended or cancelled as a result of an act or omission, while the suspension or cancellation is in force, the licence shall not be transferred, and a licence shall not be issued, to any person who was or is, at the time of the act or omission, or while the suspension or cancellation is in force, a member of the partnership.
Division 5.7 Applications, objections and determination of applications for licences

Applications for licences by individuals
An application by an individual for the grant of a licence to carry on business as an agent—
(a)shall be in writing and signed by the applicant; and
(b)shall be lodged with the registrar not earlier than 7 days, and not later than 14 days, after the applicant has—
(i)caused a notice of the fact that the applicant intends to apply for a licence to be published in a daily newspaper published and circulating in the Territory; and
(ii)served on the commissioner of police a notice, stating that the applicant intends to apply for a licence, and including particulars of the applicant’s full name, date and place of birth, present residential address and the address of any other place at which the applicant has resided during the 3 years immediately preceding the date of service of the notice; and
(iii)in the case of an application for a licence to carry on business as a travel agent—served on the commissioner of police a notice of particulars in relation to each person (other than the applicant) who is to be present and in charge of the day-to-day conduct of the applicant’s business at a place where the business is to be carried on, being particulars of the person’s full name, date and place of birth, present residential address and the address of any other place at which the person has resided during the 3 years immediately preceding the date of the notice; and
(c)shall be accompanied by a copy of each notice published or served by the applicant pursuant to paragraph (b) and a statement setting out the date on which each notice was published or served; and
(d)shall be accompanied by certificates by 2 persons certifying with respect to the fame and character of the applicant; and
(e)in the case of an application for a licence to carry on business as a real estate agent, stock and station agent or business agent—shall be accompanied by a written statement of the applicant’s experience as such an agent or as an employee of such an agent; and
(f)in the case of an application for a travel agent’s licence—shall be accompanied by a written statement of such particulars as are necessary to show that the applicant has the prescribed qualifications; and
(g)shall be accompanied by a written statement specifying the place or places at which the applicant proposes to carry on business in the Territory and, if more than 1 place is so specified, which of those places is to be the principal place at which the applicant proposes to carry on business in the Territory; and
(h)shall be accompanied by a written statement by the applicant that he or she is not a bankrupt, is not for the time being taking the benefit of any law for the relief of bankrupt or insolvent debtors, or is not a person whose remuneration is, for the time being, assigned for the benefit of his or her creditors.

(2) Where an applicant for registration as a real estate agent, stock and station agent or business agent applies for a licence to carry on business as such an agent before the board has considered the application for registration, the board is not required to consider the application for the licence unless it grants the application for registration.

Applications for licences by companies

(1) An application by a company for the grant of a licence to carry on business as an agent—
(a)shall be in writing and signed on behalf of the company by a director of the company; and
(b)shall be accompanied by a certified copy of the certificate of incorporation of the company; and
(c)shall be accompanied by a statement setting out the names and present residential addresses of the directors of the company; and
(d)in the case of an application for a licence to carry on business as a real estate agent, stock and station agent or business agent—shall be accompanied by a written statement of the experience, as such an agent or as an employee of such an agent, of each director of the company who is registered, or has applied for registration, as such an agent; and
(e)in the case of an application for a travel agent’s licence—shall be accompanied by a written statement of such particulars, in respect of each director of the company who has the prescribed qualifications, as are necessary to show that the director has those qualifications; and
(f)shall be lodged with the registrar not earlier than 7 days after, and not later than 14 days, after the company has—
(i)caused to be published in a daily newspaper published and circulated in the Territory notice of the fact that it intends to apply for a licence; and
(ii)served on the commissioner of police notice of the fact that it intends to apply for a licence and setting out the full name, the date and place of birth and present residential address of each director of the company and any other residential address at which each director of the company has resided during the 3 years immediately preceding the date on which the notice is given to the commissioner of police; and
(iii)in the case of an application for a licence to carry on business as a travel agent—served on the commissioner of police a notice of particulars in relation to each person (other than a director of the company) who is to be present and in charge of the day-to-day conduct of the applicant’s business at each place where the business is to be carried on, being particulars of the person’s full name, date and place of birth, present residential address and the address of any other place at which the person has resided during the 3 years immediately preceding the date of the notice; and

(g)shall be accompanied by a copy of each of the notices referred to in paragraph (f) and a statement setting out the date on which those notices were published and served; and
(h)shall be accompanied by certificates, in respect of each of the directors of the company, by 2 persons certifying with respect to the fame and character of each of the directors; and
(i)shall be accompanied by a written statement signed on behalf of the company by a director that—
(i)a liquidator, receiver, official manager or receiver and manager has not been appointed in relation to the company, any of its assets or any part of its affairs or undertaking; and
(ii)no compromise or arrangement of a kind specified in the Corporations Law, part 5.1 has been entered into or is proposed; and
(iii)the company is solvent; and

(j)shall be accompanied by a written statement specifying the place or places at which it proposes to carry on business in the Territory and, if more than 1 place is so specified, which of those places is to be the principal place at which it proposes to carry on business in the Territory.

(2) An application under subsection (1) may be lodged by a company at a time when none of the directors of the company is a registered agent, but such an application shall only be regarded as an application for the grant of a licence if the board grants the application made by 1 of the directors for registration as an agent.

Service upon licensed agents and applicants for licences
A document required by this Act to be given to, or served upon, a licensed agent may be given or served by leaving it at a place specified in the agent’s licence as the place or the principal place at which he or she carries on business as a licensed agent.
A document required by this Act to be given to or served upon an applicant for a licence may be given or served by sending it by post to the applicant at his or her last-known place of residence.
Evidence of licensing
A document purporting to be a certificate under the hand of the chairperson, the deputy chairperson or the registrar and stating that a person was or was not on a date or dates or during a period mentioned in the document the holder of a real estate agent’s licence, a stock and station agent’s licence, a business agent’s licence, a travel agent’s licence or an employment agent’s licence is, in all courts and before all persons and bodies authorised to receive evidence, evidence of the matters so stated.
Requirement by registrar or inspector
Where the registrar or an inspector is empowered by this Act to require a person to do anything, the registrar or the inspector may make the requirement orally or in writing served upon that person.

120ADetermination of fees

The Minister may, in writing, determine fees for this Act.
Note The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

120BAgreements for regulations of travel agents’ business
The Minister may—
(a)enter into an agreement with a Minister of State responsible for administering a corresponding law with respect to travel agents, being an agreement relating to the establishment, implementation, administration and maintenance of a joint scheme of regulations and compensation in relation to business carried on by travel agents; and
(b)execute a trust deed under which are established and administered a travel compensation fund, and a compensation scheme, in relation to business carried on by travel agents.

Approved forms
The Minister may, in writing, approve forms for this Act.
If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Regulation-making power
The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
The regulations may prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Schedule 1Qualifications—travel agents

(see s 47C)

column 1 item	column 2 qualification
1	successful completion of the Travel Consultant’s Course offered by the A.C.T. Institute of Technical and Further Education
2	Travel Consultant’s Certificate awarded by a College of Technical and Further Education in the State of New South Wales
3	Travel and Tourism Associate Diploma awarded by a College of Technical and Further Education
4	certificate awarded by Hayton Travel Training on successful completion of a course known as the Fares and Ticketing Course
5	certificate awarded by Qantas Airways Limited on successful completion of the courses known as Ticketing 1 and Ticketing 2
6	diploma awarded by the Universal Federation of Travel Agents Associations
7	Associate Diploma in Tourism awarded by a College of Technical Education or College of Technical and Further Education in the State of South Australia
8	Certificate in Travel Operations awarded by a College of Technical and Further Education in the State of Western Australia
9	Certificate in Travel Operations, Senior Travel Consultant, awarded by a College of Further Education in the State of South Australia
10	Certificate of Business Studies (Travel and Tourism) awarded by a College of Technical and Further Education in the State of Victoria
11	certificate awarded by a College of Technical and Further Education in the State of Victoria on successful completion of the courses known as Ticketing 1 and Ticketing 2
12	Class L membership of the Australian Institute of Travel and Tourism
13	Diploma in Travel and Tourism (Stage 1) awarded by a College of Technical and Further Education in the State of Tasmania
14	Diploma in Travel and Tourism (Stage 2) awarded by a College of Technical and Further Education in the State of Tasmania

Endnotes

About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
Abbreviation key

am = amended ord = ordinance

amdt = amendment orig = original

ch = chapter p = page

cl = clause par = paragraph

def = definition pres = present

dict = dictionary prev = previous

disallowed = disallowed by the Legislative (prev...) = previously

Assembly prov = provision

div = division pt = part

exp = expires/expired r = rule/subrule

Gaz = Gazette reg = regulation/subregulation

hdg = heading renum = renumbered

IA = Interpretation Act 1967 reloc = relocated

ins = inserted/added R[X] = Republication No

LA = Legislation Act 2001 RI = reissue

LR = legislation register s = section/subsection

LRA = Legislation (Republication) Act 1996 sch = schedule

mod = modified / modification sdiv = subdivision

No = number sub = substituted

num = numbered SL = Subordinate Law

o = order underlining = whole or part not commenced

om = omitted/repealed or to be expired

Legislation history
This Act was originally a Commonwealth ordinance—the Agents Ordinance 1968 No 26 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).
Legislation before becoming Territory enactment
Agents Act 1968 No 26
notified 16 December 1968 (Cwlth Gaz 1968 No 104)
commenced 17 December 1968 (s 2)
as amended by
Agents Ordinance 1970 No 8
notified 5 March 1979 (Cwlth Gaz 1970 No 15)
commenced 5 March 1979
Agents Ordinance (No 2) 1970 No 18
notified 25 June 1970 (Cwlth Gaz 1970 No 50)
commenced 25 June 1970
Agents Ordinance 1971 No 22
notified 23 September 1971 (Cwlth Gaz 1971 No 90)
commenced 23 September 1971
Agents Ordinance 1972 No 33
notified 5 October 1972 (Cwlth Gaz 1972 No 96)
commenced 5 October 1972
Agents Ordinance 1973 No 39
notified 20 September 1973 (Cwlth Gaz 1973 No 129)
ss 1, 2, 9 commenced 20 September 1973 (s 2 (1))
remainder commenced 1 October 1972 (s 2 (2))
Agents Ordinance (No 2) 1973 No 54
notified 19 December 1973 (Cwlth Gaz 1973 No 193)
commenced 19 December 1973
Ordinances Revision (Age of Majority) Ordinance 1974 No 47 sch 1
notified 24 October 1974 (Cwlth Gaz 1974 No 87A)
commenced 1 November 1974 (s 2)
Agents (Amendment) Ordinance 1976 No 43
notified 13 September 1976 (Cwlth Gaz 1976 No S160)
commenced 13 September 1976
Ordinances Revision (Remuneration) Ordinance 1976 No 61 s 2
notified 16 November 1976 (Cwlth Gaz 1976 No S204)
commenced 16 November 1976
Ordinances Revision Ordinance 1978 No 46 sch 2
notified 28 December 1978 (Cwlth Gaz 1978 No S292)
commenced 28 December 1978
Agents (Amendment) Ordinance 1984 No 49
notified 12 September 1984 (Cwlth Gaz 1984 No S358)
commenced 1 February 1985 (s 2 and Cwlth Gaz 1985 No S23)
Agents (Amendment) Ordinance 1985 No 6
notified 28 February 1985 (Cwlth Gaz 1985 No S62)
commenced 1 March 1985 (s 2)
Public Trustee (Miscellaneous Amendments) Ordinance 1985 No 9 sch 2
notified 8 March 1985 (Cwlth Gaz 1985 No S69)
commenced 28 October 1985 (s 2 and Cwlth Gaz 1985 No 42)
Sex Discrimination (Miscellaneous Amendments) Ordinance 1986 No 31 s 24
notified 31 July 1986 (Cwlth Gaz 1986 No S375)
commenced 1 August 1986 (s 2)
Agents (Amendment) Ordinance 1987 No 25
notified 15 June 1987 (Cwlth Gaz 1987 No S127)
commenced 15 June 1987
Agents (Amendment) Ordinance 1988 No 5
notified 9 March 1988 (Cwlth Gaz 1988 No S69)
commenced 9 March 1988
Agents (Amendment) Ordinance (No 2) 1988 No 47
notified 3 August 1988 (Cwlth Gaz 1988 No GN28)
commenced 15 October 1988 (s 2 and Cwlth Gaz 1988 No GN38)
Agents (Amendment) Ordinance 1989 No 4
notified 8 March 1989 (Cwlth Gaz 1989 No GN9)
commenced 8 March 1989
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Remuneration (Miscellaneous Amendments) Ordinance 1989 No 50 sch
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
commenced 10 May 1989
Legislation after becoming Territory enactment
Agents (Amendment) Act 1992 No 22
notified 2 June 1992 (Gaz 1992 No S67)
ss 1-3 commenced 2 June 1992 (s 2 (1))
ss 14, 15, 19, 20, 28 commenced 1 July 1992 (s 2 (2))
remainder commenced 1 July 1992 (Gaz 1992 No S91)
Statute Law Revision (Miscellaneous Provisions) Act 1992 No 23 sch 1
notified 4 June 1992 (Gaz 1992 No S71)
commenced 4 June 1992
Financial Institutions (Consequential Amendments) Act 1992 No 30 sch 1
notified 1 July 1992 (Gaz 1992 No S92)
s 1, s 2 commenced 1 July 1992 (s 2 (1))
sch 1 commenced 1 July 1992 (s 2 (2) and Gaz 1992 No S92)
Statute Law Revision (Miscellaneous Provisions) Act 1993 No 1 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993
Registrar-General (Consequential Provisions) Act 1993 No 64 sch 1
notified 6 September (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))
sch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No S207)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 5
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 5 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Mental Health (Consequential Provisions) Act 1994 No 45 sch
notified 7 September 1994 (Gaz 1994 No S177)
s 1, s 2 commenced 7 September 1994 (s 2 (1))
sch commenced 6 February 1995 (s 2 (2) and Gaz 1995 No S33)
Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)
Legal Practitioners (Amendment) Act 1994 No 76 sch
notified 23 November 1994 (Gaz 1994 No S247)
commenced 23 November 1994 (s 2)
Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Statute Law Revision Act 1995 No 46 sch
notified 18 December 1995 (Gaz 1995 No S306)
commenced 18 December 1995 (s 2)
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 No 26 sch pt 2
notified 1 July 1996 (Gaz 1996 No S130)
commenced 1 July 1996 (s 2)
Remuneration Tribunal (Consequential Amendments) Act 1997 No 41 sch 1 (as am by Act 2002 No 49 amdt 3.222)
notified 19 September 1997 (Gaz 1997 No S264)
commenced 24 September 1997 (s 2 as am by Act 2002 No 49 amdt 3.222)
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Agents (Amendment) Act 1998 No 60
notified 11 December 1998 (Gaz 1998 No S209)
ss 1-3 commenced 11 December 1998 (s 2 (1))
remainder commenced 24 February 1999 (s 2 (2) and Gaz 1999 No 8)
Financial Sector Reform (ACT) Act 1999 No 33 sch
notified 25 June 1999 (Gaz 1999 No S34)
s 1, s 2, dict commenced 25 June 1999 (s 2 (1))
sch commenced 1 July 1999 (s 2 (2) and Cwlth Gaz 1999 S283)
Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
commenced 10 November 1999 (s 2)
Agents Amendment Act 2000 No 9
notified 6 April 2000 (Gaz 2000 No 14)
s 1, s 2 commenced 6 April 2000 (IA s 10B)
s 3 commenced 6 April 2000 (s 2 (1))
s 9 commenced 10 August 2000 (s 2 (2) and Gaz 2000 No 32)
remainder commenced 6 October 2000 (IA s 10E)
Unit Titles Consequential Amendments Act 2001 No 17 sch 2
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
sch 2 commenced 5 October 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 sch 1 pt 9
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
sch 1 pt 9 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Agents Amendment Act 2001 No 67
notified 10 September 2001 (Gaz 2001 No S66)
commenced 10 September 2001 (s 2)
Justice and Community Safety Legislation Amendment Act 2002 No 27 pt 3
notified LR 9 September 2002
s 1, s 2 commenced 9 September 2002 (LA s 75)
pt 3 commenced 7 October 2002 (s 2 (2))
Statute Law Amendment Act 2002 (No 2) No 49 amdt 3.222
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
amdt 3.222 commenced 24 September 1997 (s 2 (3))
NoteThis Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 No 41.
Cooperatives Act 2002 No 45 amdt 6.1
notified LR 5 December 2002
s 1, s 2 commenced 5 December 2002 (LA s 75 (1))
amdt 6.1 commenced 5 June 2003 (s 2 and LA s 79)
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.1
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
sch 1 pt 1.1 commenced 28 March 2003 (s 2)
as repealed by
Agents Act 2003 A2003-20 s 205
notified LR 19 May 2003
s 1, s 2 commenced 19 May 2003 (LA s 75 (1))
s 205 commenced 1 November 2003 (s 2 and CN2003-12)
Amendment history
Commencement
s 2am 1992 No 23 sch 1
om R7 LRA (see also 2001 No 44 amdt 1.82)
Application of Act
s 3am 1984 No 49 s 8; 1985 No 9 sch 2; 1988 No 47 s 4; 1989 No 38 sch 1; 1992 No 22 s 4; 1993 No 1 sch 1; 1994 No 45 sch; 1997 No 96 sch; 2001 No 44 amdt 1.83, amdt 1.84; R8 LA
Parts
s 4om 1976 No 43 s 2
Interpretation
s 5am 1970 No 18 s 2; 1984 No 49 s 4, s 8; 1988 No 47 s 5; 1992 No 22 s 5; 1992 No 30 sch 1; 1993 No 1 sch 1; 1999 No 33 sch
def Administration Account ins 1992 No 22 s 5
def administrator ins 1988 No 47 s 5
def agent sub 1988 No 47 s 5
am 2000 No 9 s 4
def applicant sub 1988 No 47 s 5
def authorised officer ins 1988 No 47 s 5
def Board ins 1988 No 47 s 5
def Board of Trustees ins 1998 No 60 s 4
def business ins 1988 No 47 s 5
am 2000 No 9 s 4
def business agent ins 1988 No 47 s 5
def Chairman ins 1988 No 47 s 5
am 1993 No 1 sch 1
def commercial premises ins 1988 No 47 s 5
def company om 1970 No 18 s 2
ins 1988 No 47 s 5
def compensation fund ins 1988 No 47 s 5
def compensation scheme ins 1988 No 47 s 5
def co-operative society ins 1988 No 47 s 5
sub 2002 No 45 amdt 6.1
def Corporations Law ins 1992 No 22 s 5
def corresponding law ins 1988 No 47 s 5
def Department ins 1984 No 49 s 4
def departmental member ins 1988 No 47 s 5
om 1989 No 38 sch 1
def Deputy Chairman ins 1988 No 47 s 5
am 1993 No 1 sch 1
def Deputy Registrar ins 1988 No 47 s 5
sub 1994 No 97 sch
def determined fee ins 1992 No 22 s 5
am 2001 No 44 amdt 1.85
def director ins 1988 No 47 s 5
def employment agent ins 2000 No 9 s 4
def failure to account ins 1992 No 22 s 5
def Financial Institutions (ACT) Code ins 1992 No 30 sch 1
om 1999 No 33 sch
def Fund ins 1992 No 22 s 5
def identity card ins 1988 No 47 s 5
om 1999 No 66 sch 3
def inquiry sub 1988 No 47 s 5
def inspector sub 1988 No 47 s 5; 1994 No 97 sch
def Interest Account ins 1992 No 22 s 5
def land ins 1988 No 47 s 5
am 2001 No 17 amdt 2.1
def lease sub 1988 No 47 s 5
def licence ins 1988 No 47 s 5
am 2000 No 9 s 4
def licensed agent sub 1988 No 47 s 5
def member sub 1988 No 47 s 5
am 1992 No 22 s 5; 1993 No 1 sch 1
def memorandum of association ins 1988 No 47 s 5
def Minister of State ins 1988 No 47 s 5
def model ins 2000 No 9 s 4
def occupier ins 1988 No 47 s 5
def officer ins 1988 No 47 s 5
def participant ins 1988 No 47 s 5
sub 1998 No 60 s 4
def pecuniary loss ins 1992 No 22 s 5
def performer ins 2000 No 9 s 4
def prescribed qualifications ins 1988 No 47 s 5
def public service member ins 1989 No 38 sch 1
om 1992 No 22 s 5
def real estate agent ins 1988 No 47 s 5
def receiver ins 1988 No 47 s 5
def register sub 1988 No 47 s 5
def registered sub 1988 No 47 s 5
def Registrar ins 1988 No 47 s 5
sub 1994 No 97 sch
def rules of conduct ins 1988 No 47 s 5
def rural purposes am 1984 No 49 s 8
sub 1988 No 47 s 5
def stock and station agent ins 1988 No 47 s 5
def the Board om 1988 No 47 s 5
def the Chairman om 1988 No 47 s 5
def the departmental member sub 1973 No 39 s 3
am 1984 No 49 s 8
om 1988 No 47 s 5
def the Deputy Chairman om 1988 No 47 s 5
def the Registrar om 1988 No 47 s 5
def trade union ins 1988 No 47 s 5
sub 1993 No 1 sch 1
def travel agent ins 1988 No 47 s 5
def trust account sub 1988 No 47 s 5
def trust deed ins 1988 No 47 s 5
am 1998 No 60 s 4
def trustees ins 1988 No 47 s 5
om 1998 No 60 s 4
def trust money sub 1988 No 47 s 5
Real estate agents—interpretation
s 5Ains 1988 No 47 s 6
Stock and station agents—interpretation
s 5Bins 1988 No 47 s 6
Business agents—interpretation
s 5Cins 1988 No 47 s 6
Travel agents—interpretation
s 5Dins 1988 No 47 s 6
am 1993 No 1 sch 1
Employment agents—interpretation
s 5DAins 2000 No 9 s 5
Employees of agents
s 5Eins 1988 No 47 s 6
am 2000 No 9 s 6
Fit and proper person
s 5Fins 1988 No 47 s 6
am 1993 No 1 sch 1; 2000 No 9 s 7
Registrar of Agents
s 6am 1973 No 39 s 4; 1984 No 49 s 8; 1988 No 47 s 7; 1989 No 38 sch 1; 1993 No 1 sch 1
sub 1994 No 97 sch
Deputy Registrars of Agents
s 6Ains 1988 No 47 s 8
sub 1994 No 97 sch
Inspectors
s 6Bins 1994 No 97 sch
Inspectors—identity cards
s 6Cins 1994 No 97 sch
am 1998 No 54 sch
sub 1999 No 66 sch 3
Register
s 7am 1988 No 47 s 9; 2000 No 9 s 8
The agents board
s 8am 1992 No 22 s 6
Constitution of the board
s 9am 1971 No 22 s 2; 1972 No 33 s 2
sub 1973 No 39 s 5
am 1984 No 49 s 8; 1988 No 47 s 10; 1989 No 38 sch 1; 1992 No 22 s 7; 1993 No 1 sch 1; 1994 No 76 sch; 1997 No 96 sch
Chairperson and deputy chairperson
s 10am 1992 No 22 s 8; 1993 No 1 sch 1
Remuneration and allowances
s 11sub 1973 No 39 s 6; 1976 No 61 s 2; 1989 No 50 sch
om 1997 No 41 sch 1
Ending of appointments
s 12sub 2002 No 27 s 7
Vacation of office
s 13am 1973 No 39 s 7; 1988 No 47 s 11; 1993 No 1 sch 1
om 2002 No 27 s 7
Resignation of member
s 14am 1989 No 38 sch 1; 1992 No 22 s 9
sub 1993 No 1 sch 1
om 2002 No 27 s 7
Acting appointments
s 15am 1973 No 39 s 8; 1984 No 49 s 8; 1989 No 38 sch 1; 1992 No 22 s 10; 1992 No 23 sch 1; 1993 No 1 sch 1; 1997 No 41 sch 1
Meetings of the board
s 16am 1988 No 47 s 12; 1993 No 1 sch 1; 2002 No 27 s 8; ss renum R10 LA
Disclosure of interests
s 16Ains 2002 No 27 s 9
Annual reports of board
s 17Ains 1976 No 43 s 3
sub 1992 No 22 s 11
om 1996 No 26 sch pt 2
ins 2000 No 9 s 9
Carrying on business without a licence and related matters
pt 3 hdgsub 1988 No 47 s 13
Natural persons to be licensed
s 18am 1988 No 47 s 14; 1992 No 23 sch 1; 1998 No 54 sch; 2000 No 9 s 10
Companies to be licensed
s 19am 1988 No 47 s 15; 1998 No 54 sch; 2000 No 9 s 11
Unlicensed travel agents—additional penalty
s 19Ains 1988 No 47 s 16
am 1989 No 38 sch 1; 1998 No 60 s 5
Licensed employment agents—receipt of remuneration
s 19Bins 2000 No 9 s 12
General
div 4.1 hdg(prev pt 4 div 1 hdg) renum R8 LA (see 2001 No 67 s 14)
Definitions for pt 4
s 20sub 1985 No 6 s 4
def prescribed date ins 1985 No 6 s 4
def prescribed person ins 1985 No 6 s 4
Prescribed date
s 21am 1985 No 6 s 5; 1993 No 1 sch 1
Regulations to prescribe educational qualifications to be held after the prescribed date
s 22am 1985 No 6 s 6; 1993 No 1 sch 1
Certain persons ineligible to apply for registration without leave of the Board
s 23om 1988 No 47 s 17
Qualifications for registration for persons engaged in business at the commencement of this Ordinance
s 24am 1974 No 47 sch 1
om 1992 No 22 s 12
Qualifications of persons other than those referred to in section 24 who apply for registration before prescribed date
s 25am 1974 No 47 sch 1
om 1992 No 22 s 12
Qualifications required for registration as real estate agents
div 4.2 hdg(prev pt 4 div 2 hdg) renum R8 LA (see 2001 No 67 s 14)
Qualifications for registration as real estate agent—applications after prescribed date
s 26am 1974 No 47 sch 1; 1985 No 6 s 7; 1987 No 25 s 3; 1992 No 23 sch 1; 1993 No 1 sch 1
Provisions applicable in relation to periods of employment
s 27am 1993 No 1 sch 1
Qualifications for registration for persons engaged in business at the commencement of this Ordinance
s 28am 1974 No 47 sch 1
om 1992 No 22 s 12
Qualifications of persons other than those referred to in section 28 who apply for registration before prescribed date
s 29am 1974 No 47 sch 1
om 1992 No 22 s 12
Qualifications required for registration as stock and station agents
div 4.3 hdg(prev pt 4 div 3 hdg) renum R8 LA (see 2001 No 67 s 14)
Qualifications for registration as stock and station agent—applications after prescribed date
s 30am 1974 No 47 sch 1; 1985 No 6 s 8; 1987 No 25 s 4; 1992 No 23 sch 1; 1993 No 1 sch 1
Provisions applicable in relation to periods of employment
s 31am 1993 No 1 sch 1
Qualifications for registration for persons engaged in business at the commencement of this Ordinance
s 32am 1974 No 47 sch 1
om 1992 No 22 s 12
Qualifications of persons other than those referred to in section 32 who apply for registration before prescribed date
s 33am 1974 No 47 sch 1
om 1992 No 22 s 12
Qualifications required for registration as business agents
div 4.4 hdg(prev pt 4 div 4 hdg) renum R8 LA (see 2001 No 67 s 14)
Qualifications for registration as business agent—applications after prescribed date
s 34am 1974 No 47 sch 1; 1985 No 6 s 9; 1987 No 25 s 5; 1992 No 23 sch 1; 1993 No 1 sch 1
Provisions applicable in relation to periods of employment
s 35am 1992 No 23 sch 1; 1993 No 1 sch 1
Applications for registration and objections to applications
div 4.5 hdg(prev pt 4 div 5 hdg) renum R8 LA (see 2001 No 67 s 14)
Applications for registration
s 36am 1993 No 1 sch 1; 2001 No 44 amdts 1.86-1.88
Objections to registration
s 37am 1992 No 22 s 13; 1992 No 23 sch 1; 1993 No 1 sch 1; 2001 No 44 amdt 1.89
Determination by the board of applications
div 4.6 hdg(prev pt 4 div 6 hdg) renum R8 LA (see 2001 No 67 s 14)
Grant or refusal of registration
s 38am 1993 No 1 sch 1
Inquiry to be held by the board before refusing registration
s 39am 1993 No 1 sch 1
Grounds for refusing application to be notified to the applicant
s 40am 1993 No 1 sch 1
Registration certificates
s 41am 1988 No 47 s 18; 1992 No 22 s 14; 2001 No 44 amdts 1.90‑1.93
Periodic fees
div 4.7 hdg(prev pt 4 div 7 hdg) ins 1992 No 22 s 15
renum R8 LA (see 2001 No 67 s 14)
Fees payable by registered agents
s 41Ains 1992 No 22 s 15
sub 2001 No 44 amdt 1.94
Eligibility for grant of licence as real estate agent
div 5.1 hdg(prev pt 5 div 1 hdg) renum R8 LA (see 2001 No 67 s 14)
Eligibility—natural persons
s 42am 1988 No 47 s 19; 1993 No 1 sch 1
Eligibility—companies
s 43am 1970 No 18 s 3; 1984 No 49 s 8; 1988 No 47 s 20; 1993 No 1 sch 1
Eligibility for grant of licence as stock and station agent
div 5.2 hdg(prev pt 5 div 2 hdg) renum R8 LA (see 2001 No 67 s 14)
Eligibility—natural persons
s 44am 1988 No 47 s 21; 1993 No 1 sch 1
Eligibility—companies
s 45am 1970 No 18 s 4; 1984 No 49 s 8; 1988 No 47 s 22; 1993 No 1 sch 1
Eligibility for grant of licence as business agent
div 5.3 hdg(prev pt 5 div 3 hdg) renum R8 LA (see 2001 No 67 s 14)
Eligibility—natural persons
s 46am 1988 No 47 s 23; 1992 No 23 sch 1
Eligibility companies
s 47am 1970 No 18 s 5; 1978 No 46 sch 2; 1984 No 49 s 8; 1988 No 47 s 24; 1993 No 1 sch 1
Eligibility for grant of travel agent’s licence
div 5.4 hdg(prev pt 5 div 3A hdg) ins 1988 No 47 s 25
renum R8 LA (see 2001 No 67 s 14)
Eligibility—natural persons
s 47Ains 1988 No 47 s 25
am 1998 No 60 s 6
Eligibility—companies
s 47Bins 1988 No 47 s 25
am 1998 No 60 s 7
Qualifications for travel agent, director or manager
s 47Cins 1988 No 47 s 25
Eligibility for grant of employment agent’s licence
div 5.5 hdg(prev pt 5 div 3AA hdg) ins 2000 No 9 s 13
renum R8 LA (see 2001 No 67 s 14)
Eligibility—natural persons
s 47CAins 2000 No 9 s 13
Eligibility—companies
s 47CBins 2000 No 9 s 13
Licences held by partnerships
div 5.6 hdg(prev pt 5 div 3B hdg) ins 1988 No 47 s 25
renum R8 LA (see 2001 No 67 s 14)
Application
s 47Dins 1988 No 47 s 25
am 1993 No 1 sch 1
Notice of partnership
s 47Eins 1988 No 47 s 25
am 1992 No 22 s 34; 1993 No 1 sch 1; 2001 No 44 amdt 1.95
Rights and liabilities of partners
s 47Fins 1988 No 47 s 25
am 1993 No 1 sch 1
Offences by partners
s 47Gins 1988 No 47 s 25
am 1993 No 1 sch 1
Suspension or cancellation of a partner’s licence
s 47Hins 1988 No 47 s 25
am 1993 No 1 sch 1
Applications for licences by individuals
s 48am 1984 No 49 s 8; 1988 No 47s 26; 1989 No 4 s 3; 1989 No 38 sch 1; 1992 No 22 s 16; 1993 No 1 sch 1; 1994 No 38 sch 1 pt 5; 2001 No 67 ss 4-7; pars renum R8 LA (see 2001 No 67 s 8)
Applications, objections and determination of applications for licences
div 5.7 hdg(prev pt 5 div 4 hdg) renum R8 LA (see 2001 No 67 s 14)
Applications for licences by companies
s 49am 1984 No 49 s 8; 1988 No 47 s 27; 1989 No 4 s 4; 1989 No 38 sch 1; 1992 No 22 s 17; 1993 No 1 sch 1; 1994 No 38 sch 1 pt 5; 2001 No 67 ss 9-11; pars renum R8 LA (see 2001 No 67 s 12)
Objections to grant of licence
s 50am 1992 No 22 s 18; 1993 No 1 sch 1
Grant or refusal of licence
s 51am 1988 No 47 s 28; 1993 No 1 sch 1; 2000 No 9 s 14
Inquiry to be held by the board before refusing to grant a licence
s 52am 1993 No 1 sch 1
Issue of licences
s 53am 1988 No 47 s 29; 1992 No 22 s 19; 2000 No 9 s 15; 2001 No 44 amdts 1.96-1.98
Licences subject to conditions
s 53Ains 1988 No 47 s 30
Company directors specified in licence
s 54am 1988 No 47 s 31; 1993 No 1 sch 1
Periodic fees
div 5.8 hdg(prev pt 5 div 5 hdg) ins 1992 No 22 s 20
renum R8 LA (see 2001 No 67 s 14)
Fees payable by licensed agents
s 54Ains 1992 No 22 s 20
sub 2001 No 44 amdt 1.99
Trust moneys
div 6.1 hdg(prev pt 6 div 1 hdg) renum R8 LA (see 2001 No 67 s 14)
Trust money
s 55am 1988 No 47 s 32; 1993 No 1 sch 1; 2000 No 9 s 16
Trust accounts
div 6.2 hdg(prev pt 6 div 2 hdg) renum R8 LA (see 2001 No 67 s 14)
Application of div 6.2
s 55Ains 1988 No 47 s 33
am 2000 No 9 s 17
Opening of trust accounts
s 56am 1993 No 1 sch 1
Payments of moneys into and from trust account
s 57am 1993 No 1 sch 1
Unclaimed trust moneys held by licensed agent
s 57Ains 1992 No 22 s 21
Trust moneys held by former licensed agent
s 57Bins 1992 No 22 s 21
Additional statement to be furnished
s 57Cins 1992 No 22 s 21
Duties of board in relation to unclaimed moneys in trust account
s 57Dins 1992 No 22 s 21
am 1993 No 64 sch 1; 2001 No 44 amdt 1.100-1.105; 2002 No 27 s 10
Application to recover moneys
s 57Eins 1992 No 22 s 21
am 1993 No 64 sch 1; 2002 No 27 s 11
Determination of applications
s 57Fins 1992 No 22 s 21
am 1993 No 64 sch 1; 2002 No 27 s 12
Offences etc
s 57Gins 1992 No 22 s 21
am 1998 No 54 sch
Protection of trust moneys
s 58am 1993 No 1 sch 1
Provisions applicable to banks
s 59am 1993 No 1 sch 1
Arrangement relating to trust bank account
s 59Ains 1992 No 22 s 22
Agents’ records
div 6.3 hdg(prev pt 6 div 3 hdg) renum R8 LA (see 2001 No 67 s 14)
Accounting records
s 60am 1988 No 47 s 34; 1993 No 1 sch 1; 2000 No 9 s 18
Receipts
s 61am 1988 No 47 s 35; 1993 No 1 sch 1; 2000 No 9 s 19
Audit and inspection of trust accounts
div 6.4 hdg(prev pt 6 div 4 hdg) renum R8 LA (see 2001 No 67 s 14)
Application of div 6.4
s 61Ains 1988 No 47 s 36
am 2000 No 9 s 20
Meaning of prescribed period in div 6.4
s 62am 1993 No 1 sch 1
Audit of accounts
s 63am 1993 No 1 sch 1
Qualification of auditors
s 64am 1984 No 49 s 8; 1986 No 31 s 24; 1993 No 1 sch 1; 1995 No 46 sch; am A2003-14 amdt 1.1-1.3
Agent to furnish documents and information to auditor
s 65am 1993 No 1 sch 1
Auditor’s report
s 66am 1993 No 1 sch 1
Agent’s statement relating to trust money
s 67am 1993 No 1 sch 1
Report by auditor to registrar
s 68am 1993 No 1 sch 1
Inspections
s 69om 1988 No 47 s 37
Other records to be kept by licensed agents
div 6.5 hdg(prev pt 6 div 5 hdg) renum R8 LA (see 2001 No 67 s 14)
Records of other money
s 70am 1988 No 47 s 38; 1993 No 1 sch 1; 1998 No 54 sch; 2000 No 9 s 21
Information to be furnished by banks
div 6.6 hdg(prev pt 6 div 6 hdg) renum R8 LA (see 2001 No 67 s 14)
Inspection of bank accounts
s 71am 1988 No 47 s 39; 1992 No 22 s 23; 1993 No 1 sch 1; 1998 No 54 sch; 2000 No 9 s 22
Travel agents—miscellaneous provisions
pt 6A hdgins 1988 No 47 s 40
Qualified supervisors for travel agents’ businesses
s 71Ains 1988 No 47 s 40
Participation in compensation scheme
s 71Bins 1988 No 47 s 40
am 1998 No 60 s 8
Powers of board of trustees
s 71Cins 1988 No 47 s 40
am 1998 No 60 s 9
Legal action by board of trustees
s 71Dins 1988 No 47 s 40
am 1998 No 60 s 10
Rights of board of trustees
s 71Eins 1988 No 47 s 40
am 1998 No 60 s 11
Dealings with unlicensed travel agents
s 71Fins 1988 No 47 s 40
Publication of names of licensed travel agents
s 71Gins 1988 No 47 s 40
sub 2001 No 44 amdt 1.106
Entry and inspection of premises
pt 6B hdgins 1988 No 47 s 40
Interpretation for pt 6B
s 71Hins 1988 No 47 s 40
Entry and inspection of premises
s 71Jins 1988 No 47 s 40
Consent to entry and inspection
s 71Kins 1988 No 47 s 40
Search warrants
s 71Lins 1988 No 47 s 40
am 1993 No 1 sch 1
Contravention of officer’s requirements
s 71Mins 1988 No 47 s 40
am 1998 No 54 sch
Administrative accounts
pt 6C hdgins 1992 No 22 s 24
Agents statutory interest account
div 6C.1 hdg(prev pt 6C div 1 hdg) ins 1992 No 22 s 24
renum R8 LA (see 2001 No 67 s 14)
Establishment and operation of interest account
s 71Nins 1992 No 22 s 24
Payment of moneys into interest account
s 71P ins 1992 No 22 s 24
Application of moneys in interest account
s 71Q ins 1992 No 22 s 24
am 2001 No 44 amdts 1.107-1.109
Agents administration account
div 6C.2 hdg(prev pt 6C div 2 hdg) ins 1992 No 22 s 24
renum R8 LA (see 2001 No 67 s 14)
Establishment and operation of administration account
s 71Rins 1992 No 22 s 24
am 1996 No 26 sch pt 2
Payment of moneys into administration account
s 71S ins 1992 No 22 s 24
Application of moneys in administration account
s 71T ins 1992 No 22 s 24
am 1999 No 66 sch 3
Agents fidelity guarantee fund
pt 6D hdg ins 1992 No 22 s 24
Establishment of agents fidelity guarantee fund
div 6D.1 hdg (prev pt 6D div 1 hdg) ins 1992 No 22 s 24
renum R8 LA (see 2001 No 67 s 14)
Establishment and operation of fund
s 71U ins 1992 No 22 s 24
am 1996 No 26 sch pt 2
Moneys of fund
s 71V ins 1992 No 22 s 24
Application of moneys of fund
s 71W ins 1992 No 22 s 24
Claims against the fund
div 6D.2 hdg (prev pt 6D div 2 hdg) ins 1992 No 22 s 24
renum R8 LA (see 2001 No 67 s 14)
Application of div 6D.2
s 71X ins 1992 No 22 s 24
Entitlement of person to claim compensation
s 71Y ins 1992 No 22 s 24
Advertisement relating to claims
s 71Z ins 1992 No 22 s 24
Claims
s 71ZA ins 1992 No 22 s 24
sub 2001 No 67 s 13
Requirement to furnish information and produce documents
s 71ZB ins 1992 No 22 s 24
Requirement to institute proceedings
s 71ZC ins 1992 No 22 s 24
Determination of claims
s 71ZD ins 1992 No 22 s 24
Payment of compensation
s 71ZE ins 1992 No 22 s 24
Interim payment of compensation
s 71ZF ins 1992 No 22 s 24
Insufficiency of fund
s 71ZG ins 1992 No 22 s 24
Subrogation
s 71ZH ins 1992 No 22 s 24
Rules of conduct—licensed agents
s 72am 1988 No 47 s 41; 1992 No 22 s 25; 1993 No 1 sch 1; 2000 No 9 s 23
Rules of conduct—registered agents
s 73am 1992 No 22 s 26; 1993 No 1 sch 1
Registrar to call upon agent who appears to have committed a breach of rules of conduct
s 74am 1993 No 1 sch 1
Inquiry by board
s 75am 1988 No 47 s 42; 1992 No 22 s 27; 1993 No 1 sch 1
Code of practice for employment agents
pt 8A hdgins 2000 No 9 s 24
Approval of code of practice
s 75Ains 2000 No 9 s 24
am 2001 No 44 amdt 1.110, amdt 1.111
Complying with approved code of practice
s 75Bins 2000 No 9 s 24
Surrender of licences
s 76am 1993 No 1 sch 1
Revocation of registration or licence
s 77am 1984 No 49 s 5
sub 1988 No 47 s 43
am 1992 No 22 s 28; 1993 No 1 sch 1; 1998 No 60 s 12
Revocation where change of directors
s 78am 1988 No 47 s 44; 1993 No 1 sch 1
Agent may give notice of intention to show cause against revocation
s 79sub 1993 No 1 sch 1
Failure to notify intention to show cause
s 80am 1988 No 47 s 45; 1993 No 1 sch 1
Inquiry where agent shows cause
s 81am 1988 No 47 s 46; 1993 No 1 sch 1
Suspension of travel or employment agent’s licence
s 82 hdgsub 2000 No 9 s 25
s 82sub 1988 No 47 s 47
am 2000 No 9 s 25
Disqualification
s 82Ains 1988 No 47 s 47
Effect of revocation
s 83am 1988 No 47 s 48
Record of disqualification
s 83Ains 1988 No 47 s 49
Appointment of receiver or administrator
pt 10 hdgsub 1988 No 47 s 50
Appointment of receiver or administrator
s 84am 1988 No 5 s 2; 1988 No 47 s 51; 1993 No 1 sch 1
Notice to bank
s 85am 1988 No 47 s 52; 2000 No 9 s 26
Powers, duties and liability of receiver or administrator
s 86sub 1988 No 47 s 53
Remuneration of receiver or administrator
s 87am 1988 No 47 s 54; 1989 No 38 sch 1
Inquiries
s 88am 1988 No 47 s 55; 1989 No 38 sch 1; 1992 No 22 s 29; 1993 No 1 sch 1; 1997 No 96 sch
Power to summon witnesses
s 89am 1993 No 1 sch 1
Affirmation in lieu of oath
s 90om 1993 No 1 sch 1
Failure to attend or produce documents
s 91am 1988 No 47 s 56; 1993 No 1 sch 1; 1998 No 54 sch
Refusal to be sworn or give evidence
s 92am 1988 No 47 s 57; 1993 No 1 sch 1; 1998 No 54 sch
Record of proceedings at inquiry
s 93am 1992 No 22 s 34; 1993 No 1 sch 1; 2001 No 44 amdts 1.112-1.116
Protection of members of the board
s 94am 1973 No 54 s 2; 1993 No 1 sch 1
Protection of legal practitioners, witnesses etc
s 95am 1997 No 96 sch
Fees and expenses to witnesses
s 96am 1970 No 8 s 2; 1970 No 18 s 6; 1984 No 49 s 8; 1989 No 38 sch 1; 1993 No 1 sch 1
Review of decisions
pt 12 hdgsub 1988 No 47 s 58
Interpretation
s 97Ains 1989 No 38 sch 1
om 1994 No 60 sch 1
Review of decisions
s 98sub 1988 No 47 s 58
am 1989 No 38 sch 1; 1992 No 22 s 30; 1994 No 60 sch 1; 1998 No 60 s 13
Notification of decisions
s 98Ains 1988 No 47 s 58
am 1989 No 38 sch 1; 1994 No 60 sch 1; 1998 No 60 s 14
Employment of disqualified persons
s 99sub 1988 No 47 s 59
Offences by companies
s 100sub 1988 No 47 s 59
Agent not to share commission
s 101am 1988 No 47 s 60; 1993 No 1 sch 1; 2000 No 9 s 27
Improper use of licence
s 102am 1988 No 47 s 61; 1993 No 1 sch 1
Improper use of title of real estate agent
s 103am 1988 No 47 s 62; 1993 No 1 sch 1; 1998 No 54 sch
Improper use of title of stock and station agent
s 104am 1978 No 46 sch 2; 1988 No 47 s 63; 1993 No 1 sch 1; 1998 No 54 sch
Improper use of title of business agent
s 105am 1988 No 47 s 64; 1993 No 1 sch 1; 1998 No 54 sch
Improper use of title of travel agent
s 105Ains 1988 No 47 s 65
am 1992 No 22 s 31; 1998 No 54 sch
Improper use of title of employment agent
s 105Bins 2000 No 9 s 28
False or misleading advertisements
s 106am 1988 No 47 s 66; 1993 No 1 sch 1; 1998 No 54 sch
Preservation of accounting records
s 107sub 1988 No 47 s 67
am 1998 No 54 sch
Obstruction of authorised officer
s 108sub 1988 No 47 s 67
am 1998 No 54 sch
Production of licence for inspection
s 109am 1988 No 47 s 68; 1993 No 1 sch 1; 1998 No 54 sch
Inspection of register
s 110am 1992 No 22 s 34; 2001 No 44 amdt 1.117, amdt 1.118
Withholding deposits
s 111am 1988 No 47 s 69; 1993 No 1 sch 1
Address of agent in advertisement
s 112am 1988 No 47 s 70; 1993 No 1 sch 1
Misrepresentation of authority to act as real estate agent
s 113am 1988 No 47 s 71; 1993 No 1 sch 1; 1998 No 54 sch
Misrepresentation of authority to act as business agent
s 114am 1988 No 47 s 72; 1993 No 1 sch 1; 1998 No 54 sch
Notices to be displayed
s 115am 1988 No 47 s 73
sub 1993 No 1 sch 1
am 1998 No 54 sch
Actions for commission
s 116sub 1992 No 22 s 32
Rent collection by persons other than real estate agents
s 117am 1988 No 47 s 74; 1998 No 54 sch
Service upon licensed agents and applicants for licences
s 118am 1993 No 1 sch 1
Evidence of licensing
s 119am 1988 No 47 s 75; 1993 No 1 sch 1; 2000 No 9 s 29
Determination of fees
s 120Ains 1984 No 49 s 6
sub 2001 No 44 amdt 1.119
Agreements for regulations of travel agents’ business
s 120Bins 1988 No 47 s 76
Approved forms
s 121om 1992 No 22 s 33
ins 2001 No 44 amdt 1.120
Regulation-making power
s 122am 1984 No 49 s 7; 1988 No 47 s 77; 1989 No 38 sch 1; 1998 No 54 sch
sub 2001 No 44 amdt 1.121
Qualifications—travel agents
sch 1(prev sch) ins 1988 No 47 s 78
renum R8 LA

Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No

Amendments to

Republication date

1 Ordinance 1989 No 50 30 June 1991

2 Act 1992 No 30 1 July 1992

3 Act 1993 No 1 1 July 1993

4 Act 1995 No 46 31 January 1996

5 Act 1996 No 26 30 November 1996

6 Act 1998 No 60 1 March 1999

7 Act 2001 No 17 20 June 2001

8 Act 2001 No 67 12 September 2001

9 Act 2001 No 67 10 October 2001

10 Act 2002 No 27 8 October 2002

10 (RI) Act 2002 No 27 ‡ 6 February 2003

11 A2003-14 28 March 2003

12 A2003-14 5 June 2003

‡ includes retrospective amendments by Act 2002 No 49

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	p = page
cl = clause	par = paragraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	prov = provision
div = division	pt = part
exp = expires/expired	r = rule/subrule
Gaz = Gazette	reg = regulation/subregulation
hdg = heading	renum = renumbered
IA = Interpretation Act 1967	reloc = relocated
ins = inserted/added	R[X] = Republication No
LA = Legislation Act 2001	RI = reissue
LR = legislation register	s = section/subsection
LRA = Legislation (Republication) Act 1996	sch = schedule
mod = modified / modification	sdiv = subdivision
No = number	sub = substituted
num = numbered	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

Republication No	Amendments to	Republication date
1	Ordinance 1989 No 50	30 June 1991
2	Act 1992 No 30	1 July 1992
3	Act 1993 No 1	1 July 1993
4	Act 1995 No 46	31 January 1996
5	Act 1996 No 26	30 November 1996
6	Act 1998 No 60	1 March 1999
7	Act 2001 No 17	20 June 2001
8	Act 2001 No 67	12 September 2001
9	Act 2001 No 67	10 October 2001
10	Act 2002 No 27	8 October 2002
10 (RI)	Act 2002 No 27 ‡	6 February 2003
11	A2003-14	28 March 2003
12	A2003-14	5 June 2003
‡ includes retrospective amendments by Act 2002 No 49