Agents Act 2003 (ACT)
Agents Act 2003
A2003-20
Republication No 44
Effective: 1 July 2025
Republication date: 1 July 2025
Last amendment made by A2025‑13
(republication for expiry of transitional provisions (pt 22))
About this republication
The republished law
This is a republication of the Agents Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2025.
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.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Agents Act 2003
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Application of Act 3
Part 2 Key concepts
7 Meaning of fair trading legislation 5
7A Meaning of licensed property agent 5
8 Carrying on business as real estate agent 5
8A People not taken to carry on business as real estate agent 6
9 Carrying on business as stock and station agent 7
10 Carrying on business as business agent 8
11 Carrying on business as land auctioneer 9
13 Employees not taken to carry on business as agents 9
14 Silent partners not taken to carry on business as agents 9
15 Publishers of advertisements not agents 9
Part 3 Licensing of agents
Division 3.1 Agents to be licensed
16 Application—div 3.1 10
17 Meaning of licensed—div 3.1 10
18 Real estate agents must be licensed 10
19 Stock and station agents must be licensed 11
20 Business agents must be licensed 11
21 Land auctioneers must be licensed 12
23 Unlicensed agents cannot recover fees etc 12
23A Classes of property agent licence 12
23B Property agents must have correct class of licence 12
Division 3.2 Eligibility, qualifications and disqualification—agents
24 Eligibility for licences 13
25 Qualifications and experience for licences 15
27 People disqualified from being licensed 15
27A Suitability—real estate agents 17
Division 3.3 Licence procedures and details—agents
28 Advertising intended licence applications 18
29 Licence applications 18
30 Objections to licences 19
31 Further information for licence applications 20
32 Information about licence applications 20
33 Decisions on licence applications 20
34 Licence conditions 21
35 Term of licences 22
36 Renewal of licences 22
37 Continuation of existing licences until renewal applications decided 23
38 Licence certificates 24
39 Surrender of licence 24
Division 3.4 Occupational discipline—agents
40 Meaning of agent for div 3.4 24
41 Grounds for occupational discipline—agents 24
42 Application to ACAT for occupational discipline—agents 25
43 Occupational discipline orders—agents 26
Part 4 Registration of assistant property agents
Division 4.1 Assistant property agents to be registered
44 Meaning of registered—div 4.1 27
45 Assistant real estate agents must be registered 27
46 Assistant stock and station agents must be registered 27
47 Assistant business agents must be registered 28
48 Assistant property agents must be registered to recover fees etc 28
Division 4.2 Eligibility, qualifications and disqualification—assistant property agents
49 Eligibility for registration 29
50 Qualifications and experience for registration 30
51 People disqualified from being registered 30
51A Suitability—assistant real estate agents 32
Division 4.3 Registration procedures and details—assistant property agents
52 Advertising intended registration applications 33
53 Registration applications 33
54 Objections to registration 34
55 Further information for registration applications 34
56 Information about registration applications 34
57 Decisions on registration applications 35
58 Registration conditions 35
59 Term of registration 36
60 Renewal of registrations 36
61 Continuation of existing registrations until renewal applications decided 37
62 Registration certificates 38
63 Surrender of registration 38
Division 4.4 Occupational discipline—registered assistant property agents
64 Meaning of registered assistant property agent—div 4.4 39
65 Grounds for occupational discipline—assistant property agents 39
66 Application to ACAT for occupational discipline—assistant property agents 40
67 Occupational discipline orders—assistant property agents 40
Part 5 Conduct of licensed agents and registered assistant property agents
Division 5.1 Licensed agent’s main place of business
68 Main place of business 41
Division 5.2 Management of licensed agent’s business
68A Licensed agent in charge to have class 1 property agent licence 41
69 Property agent place of business to have class 1 licensed property agent in charge 42
70 Class 1 licensed property agent to be in charge of 1 place of business 43
71 Class 1 licensed property agent to be in charge of business—exemptions 44
72 Licensed property agent must not share commission etc with unlicensed person 45
73 Agreements between licensed agents to share commission etc 46
74 Duty to notify failures to account 47
Division 5.3 Offences—assistant property agents
75 Licensed property agent may only employ licensed property agent or registered assistant property agent 48
75A Assistant property agents must not sign agency agreements 48
76 Employee must tell employer about disqualification 49
Division 5.4 Conflicts of interest—real estate and stock and station agents
77 Licensed real estate and stock and station agents must not act for buyer and seller of land 49
Division 5.5 Advertisements and other statements
78 When is a statement published? 50
79 False or misleading advertisements 50
Division 5.6 Land—further provisions
80 Meaning of benefit, estimate and selling price for div 5.6 51
81 Meaning of pre-contract information for div 5.6 51
82 Meaning of beneficial interest and obtains a beneficial interest for div 5.6 52
83 Agents giving financial and investment advice 53
84 Agents must disclose certain information 54
85 Assistant property agents must disclose certain information 54
86 Agents must not obtain beneficial interest in land 55
87 Assistant property agents must not obtain beneficial interest in land 56
88 False representations to sellers or buyers 57
89 Requirement to substantiate selling price estimates 59
89A Proposed contracts for sale of residential property 59
89B Contracts for sale of residential property 61
Division 5.9 Other offences—agents and assistant property agents
97 Lending licence certificate 63
98 Lending registration certificate 63
Part 5A Employment agents
98A Meaning of carries on business as an employment agent—pt 5A 64
98B Employment agents must only take fee from employer 64
Part 6 Agency agreements
99 Application of pt 6 66
100 No commission or expenses without agency agreement 66
Part 7 Trust accounts—licensed property agents
Division 7.1 Definitions for pt 7
101 Meaning of licensed property agent—pt 7 68
102 What is trust money? 68
103 Trust account details 69
Division 7.2 Trust money and trust accounts
104 Meaning of ADI business day for div 7.2 69
105 Opening trust accounts 69
105A Opening trust accounts—exemptions 70
106 Closing trust accounts 71
107 Dealing with trust money 71
107A Assistant property agents must not withdraw trust money 72
108 Licensed property agents to notify of overdrawn trust accounts 73
109 Interest on trust accounts 73
109A Change of owners corporation managing agent—former agent to give statement and records 74
Division 7.3 Periodic returns and quarterly statements
110 Monthly returns by authorised deposit-taking institutions 75
111 Quarterly statements by licensed property agents 75
Division 7.4 Audit of trust accounts
112 Meaning of qualified auditor for div 7.4 77
113 Audit period 77
114 Qualifications for auditors 77
115 Requirement for audit 77
117 Audit obligations of partners 78
118 Auditor reports 78
Division 7.5 Unclaimed trust money
119 Unclaimed trust money held by licensed property agents 79
120 Trust money held by former licensed property agents 79
121 Trust money held by personal representatives of licensed property agents 80
122 Content of statements 80
123 Duties of commissioner in relation to unclaimed money in trust accounts 80
124 Payment of unclaimed money to public trustee and guardian 81
Part 8 Records
Division 8.1 Record keeping
127 What records must be kept 83
128 How records must be kept 83
129 Presumption that records made by licensed agent 84
130 Receipts 84
Division 8.2 Freezing accounts—licensed property agents
131 Definitions—div 8.2 85
132 Commissioner may freeze accounts 85
133 Institutions to comply with directions 86
134 Accounts to be operated only in accordance with directions 87
135 Commissioner may operate accounts 87
136 Notification of withdrawal of stop directions 88
137 No liability for complying with stop directions 88
Part 9 Appointment of administrators
138 Meaning of administrator—pt 9 89
139 When administrators may be appointed 89
140 Agents not to be involved in business under administration 90
141 Notice to authorised deposit-taking institutions 90
142 Functions of administrators 91
143 Remuneration of administrators 91
Part 10 Consumer compensation fund—licensed property agents
Division 10.1 Establishment of compensation fund
144 Consumer compensation fund 93
145 Compensation fund money 93
146 Application of compensation fund money 93
Division 10.2 Claims against compensation fund
147 Definitions—div 10.2 94
148 Application—div 10.2 94
149 Entitlement to claim compensation 94
150 Notice inviting claims 95
151 Claims for compensation 96
152 Requirement to give information and produce documents 96
153 Requirement to begin proceedings 97
154 Decision on claims 98
155 Payment of compensation 98
156 Interim payment of compensation 99
157 Insufficiency of compensation fund 99
158 Availability of compensation fund 100
159 Subrogation 100
Part 11 Administration
160 Register 101
161 Register information 101
162 Amounts received under Act 102
163 Determination and payment of amounts for compensation fund 102
164 Disclosure of information 103
165 Protection from liability 104
Part 12 Notification and review of decisions
166 Meaning of reviewable decision—pt 12 105
167 Reviewable decision notices 105
168 Applications for review 105
Part 13 Miscellaneous
169 False or misleading statements 107
170 Alternative verdict for offence against s 169 109
171 Rules of conduct 110
173 Evidentiary certificates 110
174 What is a corresponding law? 111
175 Displacement of Corporations legislation 111
176 Determination of fees 112
177 Approved forms 112
178 Regulation-making power 112
Schedule 1 Reviewable decisions 114
Dictionary117
Endnotes
1 About the endnotes 126
2 Abbreviation key 126
3 Legislation history 127
4 Amendment history 133
5 Earlier republications 151
6 Expired transitional or validating provisions 155
Agents Act 2003
An Act to regulate agents, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Agents Act 2003.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘sexual offence—see the Spent Convictions Act 2000, dictionary.’ means that the term ‘sexual offence’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Application of Act
This Act does not apply to the following:
(a)an executor under a will or an administrator under letters of administration;
(b)a trustee of a deceased estate;
(c)the public trustee and guardian;
(d)a trustee company under the Trustee Companies Act 1947 exercising functions under that Act;
(e)an administrator, a receiver or a liquidator under the Corporations Act;
(f)a manager under the Guardianship and Management of Property Act 1991;
(g)a bailiff;
(h)a sheriff;
(i)another court officer;
(j)a lawyer exercising the functions of a lawyer;
(k)a Minister;
(l)an entity prescribed by regulation.
Part 2Key concepts
Meaning of fair trading legislation
In this Act:
fair trading legislation—see the Fair Trading (Australian Consumer Law) Act 1992, dictionary.
NoteThis Act forms part of the fair trading legislation. Other fair trading legislation includes the Fair Trading (Australian Consumer Law) Act 1992, the Australian Consumer Law (ACT) and the Security Industry Act 2003. As part of the fair trading legislation, this Act is subject to various provisions of the Fair Trading (Australian Consumer Law) Act 1992 about the administration and enforcement of the fair trading legislation generally.
7AMeaning of licensed property agent
In this Act:
licensed property agent means—
(a)a licensed business agent; or
(b)a licensed real estate agent; or
(c)a licensed stock and station agent.
Carrying on business as real estate agent
(1)A person carries on business as a real estate agent if the person provides, or offers to provide, a real estate agent service for a principal for reward.
(2)Each of the following is a real estate agent service:
(a)buying, selling (other than by auction), exchanging, leasing, assigning or otherwise disposing of land;
(b)negotiating with, or inducing or attempting to induce, a person to—
(i)buy, sell, exchange, lease, assign or otherwise dispose of land; or
(ii)enter into, or make or accept an offer to enter into, a contract to buy, sell, exchange, lease, assign or otherwise dispose of land;
(c)collecting payments under a lease;
(d)managing property under a lease;
(e)collecting payments under a mortgage of land or payments under a terms contract for land;
(f)acting as manager of an owners corporation for a units plan;
(g)any other service prescribed by regulation for this section.
(3)To remove any doubt, a person does not carry on business as a real estate agent only because the person carries on business as a stock and station agent.
8APeople not taken to carry on business as real estate agent
The following people do not carry on business as a real estate agent, and need not be licensed, only because they act as manager of an owners corporation for a units plan:
(a)a member of the owners corporation appointed as treasurer of the corporation;
(b)a member of the owners corporation appointed as manager of the corporation;
(c)a person who manages only 1 owners corporation and whose income from the owners corporation is not the person’s primary source of income.
Carrying on business as stock and station agent
(1)A person carries on business as a stock and station agent if the person provides, or offers to provide, a stock and station agent service for a principal for reward.
(2)Each of the following is a stock and station agent service:
(a)buying, selling (other than by auction), exchanging, leasing, assigning or otherwise disposing of rural land;
(b)negotiating with, or inducing or attempting to induce, a person to—
(i)buy, sell, exchange, lease, assign or otherwise dispose of rural land; or
(ii)enter into, or make or accept an offer to enter into, a contract to buy, sell, exchange, lease, assign or otherwise dispose of rural land;
(c)introducing a buyer or lessee of rural land to another licensed agent or to the owner, or an agent of the owner, of rural land;
(d)collecting payments under a lease of rural land;
(e)managing rural property under a lease;
(f)buying, selling (including by auction) or otherwise disposing of livestock;
(g)negotiating with , or inducing or attempting to induce, a person to—
(i)buy, sell, auction, exchange or otherwise dispose of livestock; or
(ii)enter into, or make or accept an offer to enter into, a contract to buy, sell, auction, exchange or otherwise dispose of livestock;
(h)providing agistment for livestock or collecting fees for the agistment of livestock;
(i)any other service prescribed by regulation for this section.
(3)In this section:
lessee includes prospective lessee.
livestock means animals raised or kept for profit.
Carrying on business as business agent
(1)A person carries on business as a business agent if the person provides, or offers to provide, a business agent service for a principal for reward.
(2)Each of the following is a business agent service:
(a)buying, selling, exchanging, disposing of, or otherwise dealing with, a business or professional practice or a share or interest in the goodwill or stock of a business or professional practice;
(b)negotiating for the purchase, sale, exchange, disposition of, or other dealing with, a business or professional practice or any share or interest in the goodwill or stock of a business or professional practice;
(c)any other service prescribed by regulation for this section.
(3)To remove any doubt, a person does not carry on business as a business agent only because the person carries on business as a stock and station agent.
Carrying on business as land auctioneer
(1)A person carries on business as a land auctioneer if the person provides, or offers to provide, a land auctioneer service for a principal.
(2)Each of the following is a land auctioneer service:
(a)acting as an auctioneer of land, including rural land;
(b)any other service prescribed by regulation for this section.
Employees not taken to carry on business as agents
For this Act, a person who is an employee of somebody else does not carry on business as an agent only because the person, in the course of employment by the other person, performs any of the following services:
(a)a real estate agent service;
(b)a stock and station agent service;
(c)a business agent service.
Silent partners not taken to carry on business as agents
For this Act, a person does not carry on business as an agent only because the person is a member of a partnership that carries on the business.
Publishers of advertisements not agents
For this Act, a person does not carry on business as an agent only because the person publishes, on behalf of somebody else, an advertisement about—
(a)a business carried on, or to be carried on, by the other person; or
(b)a service provided, or to be provided, by the other person.
Part 3Licensing of agents
Division 3.1 Agents to be licensed
Application—div 3.1
This division does not apply to an administrator appointed under section 139.
Meaning of licensed—div 3.1
In this division:
licensed, in relation to an agent, does not include an agent whose licence is suspended.
Real estate agents must be licensed
(1)A person commits an offence if—
(a)the person is not a licensed real estate agent; and
(b)the person—
(i)carries on business as a real estate agent; or
(ii)pretends to be a licensed real estate agent.
Maximum penalty: 100 penalty units, imprisonment for 12 months or both.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to the provision of a service by a person if the person is otherwise licensed to provide the service.
Stock and station agents must be licensed
(1)A person commits an offence if—
(a)the person is not a licensed stock and station agent; and
(b)the person—
(i)carries on business as a stock and station agent; or
(ii)pretends to be a licensed stock and station agent.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to the provision of a service by a person if the person is otherwise licensed to provide the service.
Business agents must be licensed
(1)A person commits an offence if—
(a)the person is not a licensed business agent; and
(b)the person—
(i)carries on business as a business agent; or
(ii)pretends to be a licensed business agent.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to the provision of a service by a person if the person is otherwise licensed to provide the service.
Land auctioneers must be licensed
(1)A person commits an offence if—
(a)the person is not a licensed land auctioneer; and
(b)the person—
(i)carries on business as a land auctioneer; or
(ii)pretends to be a licensed land auctioneer.
Maximum penalty: 100 penalty units.
(2)An offence against this section is a strict liability offence.
Unlicensed agents cannot recover fees etc
A person is not entitled to bring a proceeding to recover a commission, fee or reward for a service provided by the person as an agent if the person was not licensed to provide the service when the service was provided.
23AClasses of property agent licence
A property agent licence may be a class 1 or class 2 licence.
NoteThe qualifications and experience needed for each class of property agent licence are declared under s 25.
23BProperty agents must have correct class of licence
(1)A person commits an offence if the person—
(a)is not a class 1 licensed agent of a particular kind; and
(b)pretends to be a class 1 licensed agent of that kind.
Maximum penalty: 100 penalty units.
Example
A person is not a class 1 licensed real estate agent but pretends to be a class 1 licensed real estate agent.
(2)A person commits an offence if—
(a)the person is not a class 2 licensed agent of a particular kind; and
(b)pretends to be a class 2 licensed agent of that kind.
Maximum penalty: 100 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
class 1 licensed agent, of a particular kind, means a person who holds a class 1 licence to carry on business as one of the following agents:
(a)a business agent;
(b)a real estate agent;
(c)a stock and station agent.
class 2 licensed agent, of a particular kind, means a person who holds a class 2 licence to carry on business as one of the following agents:
(a)a business agent;
(b)a real estate agent;
(c)a stock and station agent.
Division 3.2 Eligibility, qualifications and disqualification—agents
Eligibility for licences
(1)An individual is eligible to be licensed as an agent if the commissioner for fair trading is satisfied that the individual—
(a)is an adult; and
(b)has the qualifications required under section 25 for—
(i)the kind of licence; and
(ii)for a property agent licence—the class of licence; and
(c)has the experience required under section 25 for—
(i)the kind of licence; and
(ii)for a property agent licence—the class of licence; and
(d)is not disqualified under section 27 (People disqualified from being licensed) or section 51 (People disqualified from being registered).
(2)For subsection (1) (b), the commissioner for fair trading may decide that a higher qualification, equivalent qualification or substantially equivalent qualification meets the qualifications required under section 25 for—
(a)the kind of licence; and
(b)for a property agent licence—the class of licence.
(3)A person in a partnership is eligible to be licensed as an agent if the commissioner for fair trading is satisfied that—
(a)the person is eligible to be licensed as an agent under subsection (1); and
(b)no person in the partnership is disqualified under section 27 or section 51.
(4)A corporation is eligible to be licensed as an agent if—
(a)the commissioner for fair trading is satisfied that no director of the corporation is disqualified from being licensed as an agent under section 27; and
(b)at least 1 director of the corporation holds a licence of the same kind.
(5)To remove any doubt, a regulation may provide that a person may be issued with an agents licence with stated conditions if the person does not have stated qualifications.
Qualifications and experience for licences
(1)The commissioner for fair trading may declare the qualifications and experience required for—
(a)a licence, or renewal of a licence, for an agent; and
(b)each class of property agent licence.
(2)A declaration is a disallowable instrument.
(3)A declaration may apply, adopt or incorporate a law of another jurisdiction or instrument as in force from time to time.
(4)The Legislation Act, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or instrument applied, adopted or incorporated under a declaration.
NoteLaws of another jurisdiction and instruments mentioned in s (4) do not need to be notified under the Legislation Act because s 47 (5) and (6) does not apply (see Legislation Act, s 47 (7)).
(5)In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
People disqualified from being licensed
(1)A person is disqualified from being licensed as an agent if the person—
(a)for a licence other than a real estate agent’s licence—has been convicted of an ACT dishonesty offence or a non-ACT offence that is similar in nature to an ACT dishonesty offence; or
NoteA conviction does not include a spent conviction (see Spent Convictions Act 2000, s 16 (c) (i)).
(b)for a real estate agent’s licence—is found unsuitable to be licensed under section 27A; or
(c)is bankrupt or, at any time in the last 3 years—
(i)has been bankrupt; or
(ii)has executed a personal insolvency agreement; or
(d)at any time in the last 3 years was involved in the management of a corporation when—
(i)the corporation became the subject of a winding-up order; or
(ii)a controller or administrator was appointed; or
(e)has a mental incapacity that may affect the exercise of the person’s functions as licensee; or
(f)is licensed and has contravened, or is contravening, an order of the ACAT;
(g)holds a licence that is suspended;
(h)is disqualified by the ACAT from being licensed or registered; or
(i)is disqualified under a corresponding law from holding an authority (however described) to be an agent or be an employee of an agent; or
(j)holds an authority (however described) under a corresponding law to be an agent or be an employee of an agent that is suspended; or
(k)is in partnership with a person disqualified from being licensed or registered; or
(l)is a corporation that is the subject of a winding-up order; or
(m)is a corporation for which a controller or administrator has been appointed; or
(n)is a licensed agent who is applying for a licence or the renewal of a licence and has contravened, or is contravening, a condition of the person’s licence; or
(o)has contravened, or is contravening, a provision of this Act prescribed by regulation as a disqualifying breach.
(2)However, a person is not disqualified from being licensed only because subsection (1) (c) or (d) applies to the person if the commissioner for fair trading is satisfied that the person took all reasonable steps to avoid the bankruptcy, personal insolvency agreement, winding-up or appointment mentioned in the paragraph.
(3)Also, a person is not disqualified from being licensed only because the person has contravened, or is contravening, a licence condition if the commissioner for fair trading decides that the contravention should be disregarded for this section.
27ASuitability—real estate agents
(1)This section applies to a person if the person has been convicted of a relevant offence.
(2)The commissioner for fair trading may decide the person is unsuitable to be licensed as a real estate agent.
NoteA review of a decision to refuse to issue a licence to a person may include a review of the commissioner’s decision on the person’s suitability (see sch 1, item 2).
(3)In deciding whether a person is unsuitable to be licensed, the commissioner for fair trading must have regard to the following matters:
(a)when the offence was committed;
(b)the nature, seriousness and circumstances of the offence;
(c)whether the offence indicates the person may be a risk to members of the public;
(d)the relevance of the offence to the person’s duties as an agent;
(e)whether the offence was committed by the person in the course of their duties as a real estate agent or assistant real estate agent;
(f)whether the ACAT has made an occupational discipline order in relation to the person.
Division 3.3 Licence procedures and details—agents
Advertising intended licence applications
(1)A person who intends to apply for a licence as an agent must give public notice of the person’s intention to apply for the licence.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(2)The notice must—
(a)state the kind of licence the person intends to apply for; and
(b)for a property agent licence—state the class of licence the person intends to apply for; and
(c)include any other information prescribed by regulation.
Licence applications
(1)An application for a licence may be made to the commissioner for fair trading only—
(a)by a person who has published a notice under section 28 in relation to the application; and
(b)within 10 business days after the day the notice is published.
Note 1If a form is approved under s 177 for an application, the form must be used.
Note 2A fee may be determined under section 176 for this section.
(2)An application must be in writing and state—
(a)the kind of licence applied for; and
(b)for a property agent licence—the class of licence applied for.
(3)An application must be accompanied by––
(a)a statement setting out the place that, if the licence is issued, will be the applicant’s main place of business; and
(b)a police certificate dated not earlier than 2 months before the day the application is made for each of the following people:
(i)the applicant;
(ii)any partners of the applicant;
(iii)if the applicant is a corporation––each director of the corporation.
Objections to licences
(1)This section applies if a notice (the public notice) is published under section 28 (1) (Advertising intended licence applications) in relation to a licence application.
(2)A person may object to the issue of the licence by written notice (the objection) given to the commissioner for fair trading within 10 business days after the day the public notice is published.
(3)The objection must set out the grounds on which it is claimed that the applicant is not eligible for the licence.
NoteFor the grounds of eligibility, see s 24.
(4)The person making the objection must give a copy of the objection to the applicant within 10 business days after the day the public notice is published.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(5)The commissioner for fair trading may consider the objection only if satisfied that subsection (4) has been complied with.
Further information for licence applications
(1)The commissioner for fair trading may, by written notice given to an applicant for a licence, require the applicant to give the commissioner further stated information, or a document, that the commissioner reasonably needs to consider the application.
(2)If the applicant fails to comply with a requirement under subsection (1), the commissioner may refuse to consider the application until the requirement is complied with.
Information about licence applications
The commissioner for fair trading may seek information about a licence application or an applicant in any way the commissioner considers appropriate.
Decisions on licence applications
(1)This section applies if the commissioner for fair trading receives an application for a licence under section 29 (Licence applications).
(2)Within 12 weeks after the day the commissioner for fair trading receives the application, the commissioner must—
(a)issue the licence; or
(b)refuse to issue the licence.
NoteFailure to do an act within the period set out is taken to be a decision not to do the act (see ACT Civil and Administrative Tribunal Act 2008, s 12).
(3)The commissioner for fair trading must issue the licence if satisfied that the applicant is eligible to be licensed under section 24 (Eligibility for licences).
(4)If the licence is a property agent licence, the licence must state the class of licence.
(5)If a requirement for information or a document relating to an application is made under section 31 (Further information for licence applications), the 12-week period mentioned in subsection (2) is extended by the period beginning on the day when the requirement is made and ending on the day when the requirement is complied with.
Licence conditions
(1)A licence is subject to any conditions—
(a)prescribed by regulation; or
(b)put on the licence under this section.
Examples of conditions that may be put on a licence
1 restrictions about the size or kind of business that may be operated
2 geographic limitations
3 requiring the licensee to obtain stated qualifications
(2)The commissioner for fair trading—
(a)may put a condition on a licence when the licence is issued or at any other time; and
(b)may at any time amend or omit a condition that the commissioner has put on a licence; and
(c)must put a condition on a licence, or amend or omit a condition, if directed to do so by the ACAT.
(3)The commissioner for fair trading may put a condition on a person’s licence, or amend a condition, under subsection (2) (a) or (b) only if—
(a)the commissioner has given the person written notice of the proposed condition or amendment; and
(b)the notice states that written comments on the proposal may be made to the commissioner within a stated period of at least 10 business days after the day the notice is given to the person; and
(c)the commissioner has considered any comments made within the period.
(4)Subsection (3) does not apply if the person asked for, or agreed in writing to, the proposed condition or amendment.
Term of licences
A licence is issued for the period of up to 3 years stated in the licence.
Renewal of licences
(1)A licensed agent may apply to the commissioner for fair trading to renew the licence.
Note 1If a form is approved under s 177 for an application, the form must be used.
Note 2A fee may be determined under section 176 for this section.
(2)Within 6 weeks after the day the commissioner for fair trading receives an application, the commissioner must—
(a)renew the licence; or
(b)refuse to renew the licence.
NoteFailure to do an act within the period set out is taken to be a decision not to do the act (see ACT Civil and Administrative Tribunal Act 2008, s 12).
(3)The commissioner for fair trading must renew the licence if satisfied that the applicant—
(a)is eligible to be licensed under section 24 (Eligibility for licences); and
(b)has complied with the requirements (if any) prescribed by regulation.
Continuation of existing licences until renewal applications decided
(1)If a licensed agent applies to renew a licence under section 36, the licence remains in force until the application is decided.
(2)Subsection (1) applies even if it causes the existing licence to be in force for longer than 3 years.
(3)If a person who has been a licensed agent applies, within 3 months after the day the term of the licence ends (the last licence day), to renew the licence—
(a)any service provided by the person after the last licence day and before the day of the commissioner for fair trading’s decision about the renewal application (whether or not the licence is renewed) is taken to have been provided by the person as a licensed agent; and
(b)if the licence is renewed, the term of the renewed licence is backdated to the day after the last licence day.
(4)Subsection (3) (a) does not prevent the person committing, being prosecuted for, or being found guilty of, an offence against division 3.1 (Agents to be licensed).
NoteFound guilty––see the Legislation Act, dictionary, pt 1.
Licence certificates
(1)If the commissioner for fair trading decides to issue a licence to a person or renew a person’s licence, the commissioner must give the person a licence certificate.
(2)The commissioner for fair trading may issue a replacement licence certificate to a licensed agent if satisfied that the certificate has been lost, stolen, damaged or destroyed.
Note 1If a form is approved under s 177 for an application, the form must be used.
Note 2A fee may be determined under section 176 for this section.
Surrender of licence
A licensed agent may at any time surrender the licence by written notice given to the commissioner for fair trading.
Division 3.4 Occupational discipline—agents
NoteUnder the Fair Trading (Australian Consumer Law) Act 1992, s 33, the commissioner for fair trading may receive and investigate complaints in relation to the supply of goods and services or the acquisition of interests in land.
Meaning of agent for div 3.4
In this division:
agent means a licensed agent or a former licensed agent.
Grounds for occupational discipline—agents
(1)Each of the following is a ground for occupational discipline in relation to an agent:
(a)the agent has contravened, or is contravening, the fair trading legislation;
(b)the agent has contravened, or is contravening, a rule of conduct;
NoteRules of conduct—see s 171.
(c)the agent has contravened, or is contravening, a condition of the agent’s licence;
(d)if the agent is a licensed agent––the agent has become ineligible for a licence under section 24 (Eligibility for licences) or for registration under section 49 (Eligibility for registration);
(e)the agent has contravened, or is contravening, an order of the ACAT;
(f)the agent’s licence was obtained by fraud or mistake;
(g)a ground prescribed by regulation for this section.
(2)However, subsection (1) (a) to (e) applies to a former licensed agent only in relation to anything that happened while the person was licensed.
Application to ACAT for occupational discipline—agents
If the commissioner for fair trading believes on reasonable grounds that a ground for occupational discipline exists in relation to an agent, the commissioner may apply to the ACAT for an occupational discipline order in relation to the agent.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an occupational discipline order, and s 66 sets out the occupational discipline orders the ACAT may make.
Occupational discipline orders—agents
(1)This section applies if the ACAT makes an occupational discipline order to cancel or suspend an agent’s licence.
(2)The ACAT may—
(a)cancel or suspend any other licence held by the agent; or
(b)prohibit the agent administering a general fund or sinking fund under the Unit Titles (Management) Act 2011.
Note Licence—see the dictionary.
Part 4Registration of assistant property agents
Division 4.1 Assistant property agents to be registered
Meaning of registered—div 4.1
In this division:
registered, in relation to an assistant property agent, does not include an assistant property agent whose registration is suspended.
Assistant real estate agents must be registered
(1)A person commits an offence if the person—
(a)is not a registered assistant real estate agent; and
(b)is, or pretends to be, employed by a licensed real estate agent to provide a real estate agent service.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to the provision of a service by a person who is otherwise licensed or registered to provide the service.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Assistant stock and station agents must be registered
(1)A person commits an offence if the person—
(a)is not a registered assistant stock and station agent; and
(b)is, or pretends to be, employed by a licensed stock and station agent to provide a stock and station agent service.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to the provision of a service by a person who is otherwise licensed or registered to provide the service.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Assistant business agents must be registered
(1)A person commits an offence if the person—
(a)is not a registered assistant business agent; and
(b)is, or pretends to be, employed by a licensed business agent to provide a business agent service.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to the provision of a service by a person who is otherwise licensed or registered to provide the service.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Assistant property agents must be registered to recover fees etc
(1)A person is not entitled to bring a proceeding to recover salary, or a commission, fee or reward, for a service provided by the person if, in providing the service, the person contravened any of the following provisions:
(a)section 45 (Assistant real estate agents must be registered);
(b)section 46 (Assistant stock and station agents must be registered);
(c)section 47 (Assistant business agents must be registered).
(2)Subsection (1) applies whether or not anyone has been convicted of an offence against section 45, section 46 or section 47.
Division 4.2 Eligibility, qualifications and disqualification—assistant property agents
Eligibility for registration
(1)An individual is eligible to be registered as an assistant property agent if the commissioner for fair trading is satisfied that the individual—
(a)is an adult; and
(b)has the qualifications required under section 50 for the kind of registration; and
(c)has the experience required under section 50 for the kind of registration; and
(d)is not disqualified under section 27 (People disqualified from being licensed) or section 51 (People disqualified from being registered).
(2)For subsection (1) (b), the commissioner for fair trading may decide that a higher qualification, equivalent qualification or substantially equivalent qualification meets the qualifications required under section 50 for the kind of registration.
(3)To remove any doubt, a regulation may provide that a person may be registered subject to stated conditions if the person does not have stated qualifications.
Qualifications and experience for registration
(1)The commissioner for fair trading may declare the qualifications and experience required for registration, or renewal of registration, of an assistant property agent.
(2)A declaration is a disallowable instrument.
(3)A declaration may apply, adopt or incorporate a law of another jurisdiction or instrument as in force from time to time.
(4)The Legislation Act, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or instrument applied, adopted or incorporated under a declaration.
NoteLaws of another jurisdiction and instruments mentioned in s (4) do not need to be notified under the Legislation Act because s 47 (5) and (6) does not apply (see Legislation Act, s 47 (7)).
(5)In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
People disqualified from being registered
(1)A person is disqualified from being registered as an assistant property agent if the person—
(a)for registration of a person other than as an assistant real estate agent—has been convicted of an ACT dishonesty offence or a non-ACT offence that is similar in nature to an ACT dishonesty offence; or
NoteA conviction does not include a spent conviction (see Spent Convictions Act 2000, s 16 (c) (i)).
(b)for registration of a person as an assistant real estate agent—is found unsuitable to be licensed under section 51A; or
(c)is bankrupt or, at any time in the last 3 years—
(i)has been bankrupt; or
(ii)has executed a personal insolvency agreement; or
(d)has a mental incapacity that may affect the exercise of the person’s functions as a registered assistant property agent; or
(e)is registered and has contravened, or is contravening, an order of the ACAT;
(f)holds a registration that is suspended;
(g)is disqualified by the ACAT from being licensed or registered; or
(h)is disqualified under a corresponding law from holding an authority (however described) to be an agent or an employee of an agent; or
(i)holds an authority (however described) under a corresponding law to be an agent or an employee of an agent that is suspended; or
(j)is a registered assistant property agent who is applying for another kind of registration and has contravened, or is contravening, a condition of the person’s registration; or
(k)has contravened, or is contravening, a provision of this Act prescribed by regulation as a disqualifying breach.
(2)However, a person is not disqualified from being registered only because subsection (1) (c) applies to the person if the commissioner for fair trading is satisfied that the person took all reasonable steps to avoid the bankruptcy or personal insolvency agreement mentioned in the paragraph.
(3)Also, a person is not disqualified from being registered only because the person has contravened, or is contravening, a registration condition if the commissioner for fair trading decides that the contravention should be disregarded for this section.
51ASuitability—assistant real estate agents
(1)This section applies to a person if the person has been convicted of a relevant offence.
(2)The commissioner for fair trading may decide the person is unsuitable to be registered as an assistant real estate agent.
NoteA review of a decision to refuse to register an applicant may include a review of the commissioner’s decision on the applicant’s suitability (see sch 1, item 7).
(3)In deciding whether a person is unsuitable to be registered, the commissioner for fair trading must have regard to the following matters:
(a)when the offence was committed;
(b)the nature, seriousness and circumstances of the offence;
(c)whether the offence indicates the person may be a risk to members of the public;
(d)the relevance of the offence to the person’s duties as an assistant real estate agent;
(e)whether the offence was committed by the person in the course of their duties as a real estate agent or assistant real estate agent;
(f)whether the ACAT has made an occupational discipline order in relation to the person.
Division 4.3 Registration procedures and details—assistant property agents
Advertising intended registration applications
(1)A person who intends to apply for registration as an assistant property agent must give public notice of the person’s intention to apply for registration.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(2)The notice must—
(a)state the kind of registration the person intends to apply for; and
(b)include any other information prescribed by regulation.
Registration applications
(1)An application for registration may be made to the commissioner for fair trading only—
(a)by a person who has published a notice under section 52 in relation to the application; and
(b)within 10 business days after the day the notice is published.
Note 1If a form is approved under s 177 for an application, the form must be used.
Note 2A fee may be determined under section 176 for this section.
(2)An application must be in writing and state the kind of registration applied for.
(3)An application must be accompanied by a police certificate for the applicant, dated not earlier than 2 months before the day the application is made.
Objections to registration
(1)This section applies if a notice (the public notice) is published under section 52 (1) (Advertising intended registration applications) in relation to a registration application.
(2)A person may object to the registration by written notice (the objection) given to the commissioner for fair trading within 10 business days after the day the public notice is published.
(3)The objection must set out the grounds on which it is claimed that the applicant is not eligible for registration.
NoteFor the grounds of eligibility, see s 49.
(4)The person making the objection must give a copy of the objection to the applicant within 10 business days after the day the public notice is published.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(5)The commissioner for fair trading may consider the objection only if satisfied that subsection (4) has been complied with.
Further information for registration applications
(1)The commissioner for fair trading may, by written notice given to an applicant for registration, require the applicant to give the commissioner further stated information, or a document, that the commissioner reasonably needs to consider the application.
(2)If the applicant fails to comply with a requirement under subsection (1), the commissioner may refuse to consider the application until the requirement is complied with.
Information about registration applications
The commissioner for fair trading may seek information about a registration application or an applicant in any way the commissioner considers appropriate.
Decisions on registration applications
(1)This section applies if the commissioner for fair trading receives an application for registration under section 53 (Registration applications).
(2)Within 12 weeks after the day the commissioner for fair trading receives the application, the commissioner must—
(a)register the applicant; or
(b)refuse to register the applicant.
NoteFailure to do an act within the period set out is taken to be a decision not to do the act (see ACT Civil and Administrative Tribunal Act 2008, s 12).
(3)The commissioner for fair trading must register the applicant if satisfied that the applicant is eligible to be registered under section 49 (Eligibility for registration).
(4)If a requirement for information or a document relating to an application is made under section 55 (Further information for registration applications), the 12-week period mentioned in subsection (2) is extended by the period beginning on the day when the requirement is made and ending on the day when the requirement is complied with.
Registration conditions
(1)A registration is subject to any conditions—
(a)prescribed by regulation; or
(b)put on the registration under this section.
Example of a condition that may be put on a registration
that the registered person obtain a specified qualification
(2)The commissioner for fair trading—
(a)may put a condition on a registration when the person is registered or at any other time; and
(b)may at any time amend or omit a condition that the commissioner has put on a person’s registration; and
(c)must put a condition on a registration, or amend or omit a condition, if directed to do so by the ACAT.
(3)The commissioner for fair trading may put a condition on a person’s registration, or amend a condition, under subsection (2) (a) or (b) only if—
(a)the commissioner has given the person or registered assistant property agent written notice of the proposed condition or amendment; and
(b)the notice states that written comments on the proposal may be made to the commissioner within a stated period of at least 10 business days after the day the notice is given to the person; and
(c)the commissioner has considered any comments made within the period.
(4)Subsection (3) does not apply if the person asked for, or agreed in writing to, the proposed condition or amendment.
Term of registration
A registration is for the period of up to 3 years stated in the registration certificate.
Renewal of registrations
(1)A registered assistant property agent may apply to the commissioner for fair trading to renew the registration.
Note 1If a form is approved under s 177 for an application, the form must be used.
Note 2A fee may be determined under section 176 for this section.
(2)Within 6 weeks after the day the commissioner for fair trading receives the application, the commissioner must—
(a)renew the registration; or
(b)refuse to renew the registration.
NoteFailure to do an act within the period set out is taken to be a decision not to do the act (see ACT Civil and Administrative Tribunal Act 2008, s 12).
(3)The commissioner for fair trading must renew the registration if satisfied that—
(a)the applicant is eligible to be registered under section 49 (Eligibility for registration); and
(b)the applicant has complied with the requirements (if any) prescribed by regulation.
Continuation of existing registrations until renewal applications decided
(1)If a registered assistant property agent applies to renew the registration under section 60, the registration remains in force until the application is decided.
(2)Subsection (1) applies even if it causes the existing registration to be in force for longer than 3 years.
(3)If a person who has been a registered assistant property agent applies, within 3 months after the day the term of the registration ends (the last registration day), to renew the registration—
(a)any service provided by the person after the last registration day and before the day of the commissioner for fair trading’s decision about the renewal application (whether or not the registration is renewed) is taken to have been provided by the person as a registered assistant property agent; and
(b)if the registration is renewed, the term of the renewed registration is backdated to the day after the last registration day.
(4)Subsection (3) (a) does not prevent the person committing, being prosecuted for, or being found guilty of, an offence against division 4.1 (Assistant property agents to be registered).
NoteFound guilty––see the Legislation Act, dictionary, pt 1.
Registration certificates
(1)If the commissioner for fair trading decides to register a person or renew a person’s registration, the commissioner must give the person a registration certificate.
(2)The commissioner for fair trading may issue a replacement registration certificate to a registered assistant property agent if satisfied that the certificate has been lost, stolen, damaged or destroyed.
Note 1If a form is approved under s 177 for an application, the form must be used.
Note 2A fee may be determined under section 176 for this section.
Surrender of registration
A registered assistant property agent may at any time surrender the registration by written notice given to the commissioner for fair trading.
Division 4.4 Occupational discipline—registered assistant property agents
NoteUnder the Fair Trading (Australian Consumer Law) Act 1992, s 33, the commissioner for fair trading may receive and investigate complaints in relation to the supply of goods and services or the acquisition of interests in land.
Meaning of registered assistant property agent—div 4.4
In this division:
registered assistant property agent means a registered assistant property agent or a former registered assistant property agent.
Grounds for occupational discipline—assistant property agents
(1)Each of the following is a ground for occupational discipline in relation to a registered assistant property agent:
(a)the assistant property agent has contravened, or is contravening, the fair trading legislation;
(b)the assistant property agent has contravened, or is contravening, a rule of conduct;
NoteRules of conduct—see s 171.
(c)the assistant property agent has contravened, or is contravening, a condition of the assistant property agent’s registration;
(d)the assistant property agent has become ineligible for registration under section 49 (Eligibility for registration);
(e)the assistant property agent has contravened, or is contravening, an order of the ACAT;
(f)the assistant property agent’s registration was obtained by fraud or mistake;
(g)a ground prescribed by regulation for this section.
(2)However, subsection (1) (a) to (e) applies to a former registered assistant property agent only in relation to anything that happened while the person was registered.
Application to ACAT for occupational discipline—assistant property agents
If the commissioner for fair trading believes on reasonable grounds that a ground for occupational discipline exists in relation to a registered assistant property agent, the commissioner may apply to the ACAT for an occupational discipline order in relation to the assistant property agent.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an occupational discipline order, and s 66 sets out the occupational discipline orders the ACAT may make.
Occupational discipline orders—assistant property agents
(1)This section applies if the ACAT makes an occupational discipline order to cancel or suspend a registered assistant property agent’s registration.
(2)The ACAT may cancel or suspend any other registration held by the registered assistant property agent.
NoteRegistration—see the dictionary.
Part 5Conduct of licensed agents and registered assistant property agents
Division 5.1 Licensed agent’s main place of business
Main place of business
(1)On the issue of an agents licence, the commissioner for fair trading must enter in the register, as the agent’s main place of business, the place shown in the statement under section 29 (3) (a) (Licence applications).
NoteRegister—see s 160.
(2)A licensed agent must tell the commissioner for fair trading in writing about any change in the agent’s main place of business in the ACT within the period prescribed by regulation.
(3)The commissioner for fair trading must enter in the register any change notified under subsection (2).
Division 5.2 Management of licensed agent’s business
68ALicensed agent in charge to have class 1 property agent licence
(1)A person commits an offence if the person—
(a)is responsible for the day-to-day management of a place of business of a licensed property agent; and
(b)is not a class 1 licensed property agent.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)A licensed property agent may be exempted from this section under section 71 (Class 1 licensed property agent to be in charge of business—exemptions).
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Property agent place of business to have class 1 licensed property agent in charge
(1)A class 1 licensed property agent commits an offence if—
(a)the licensed property agent is an individual; and
(b)the licensed property agent carries on business at 2 or more places of business; and
(c)the licensed property agent does not employ, at each place of business where the licensed property agent is not responsible for the day-to-day management of the business, an individual who—
(i)is a class 1 licensed property agent; and
(ii)is responsible for the day-to-day management of the place of business.
Maximum penalty: 50 penalty units.
(2)A class 2 licensed property agent commits an offence if—
(a)the licensed property agent is an individual; and
(b)the licensed property agent does not employ, at each place of business where the licensed property agent carries on business, an individual who—
(i)is a class 1 licensed property agent; and
(ii)is responsible for the day-to-day management of the place of business.
Maximum penalty: 50 penalty units.
(3)A licensed property agent commits an offence if—
(a)the licensed property agent is a corporation; and
(b)the licensed property agent does not employ, at each place of business where the licensed property agent carries on business, an individual who—
(i)is a class 1 licensed property agent; and
(ii)is responsible for the day-to-day management of the place of business.
Maximum penalty: 50 penalty units.
(4)An offence against this section is a strict liability offence.
(5)A licensed property agent may be exempted from this section under section 71.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
Class 1 licensed property agent to be in charge of 1 place of business
(1)A class 1 licensed property agent commits an offence if the licensed property agent is responsible for the day-to-day management of 2 or more places of business.
Maximum penalty: 50 penalty units.
(2)A class 1 licensed property agent commits an offence if—
(a)the licensed property agent—
(i)is employed to be responsible for the day-to-day management of another licensed property agent’s place of business; and
(ii)provides services for 2 or more licensed property agents at the place; and
(b)the licensed property agents to whom the services are provided are not in partnership with each other.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
(4)A class 1 licensed property agent may be exempted from this section under section 71.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
Class 1 licensed property agent to be in charge of business—exemptions
(1)The commissioner for fair trading may, in writing, exempt a licensed property agent from the following provisions:
(a)section 68A (Licensed agent in charge to have class 1 property agent licence);
(b)section 69 (Property agent place of business to have class 1 licensed property agent in charge);
(c)section 70 (Class 1 licensed property agent to be in charge of 1 place of business).
(2)The exemption may be conditional.
(3)A regulation may prescribe the matters to be considered by the commissioner for fair trading in deciding whether to exempt a licensed property agent under subsection (1), or amend or revoke an exemption.
(4)A condition under this section may be put or amended as if it were a condition on a licence.
NoteThe procedure for putting or amending licence conditions is dealt with in s 34 (2), (3) and (4).
Licensed property agent must not share commission etc with unlicensed person
(1)A licensed property agent commits an offence if—
(a)the licensed agent—
(i)enters into an agreement or arrangement with an unlicensed person; or
(ii)acts with an unlicensed person; and
(b)the unlicensed person is not a registered assistant property agent; and
(c)the unlicensed person would, apart from this section, be entitled to a share of the commission, fee or reward payable to the licensed agent for the provision of a service for which the licensed agent is required to be licensed.
Maximum penalty: 50 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
(3)This section does not apply in relation to an agreement, arrangement or action by a licensed property agent with a partner of the agent who does not carry on business as an agent.
(4)An agreement or arrangement mentioned in subsection (1) is void so far as it purports to provide an entitlement mentioned in subsection (1) (c).
(5)A person is not entitled to bring a proceeding to recover a commission, fee or reward for a service provided by the person if, in providing the service, the person contravened subsection (1).
(6)Subsections (4) and (5) apply whether or not anyone has been convicted of an offence against subsection (1).
(7)A provision in, or applying to, an agreement that purports to exclude or change the operation of this section is void.
(8)In this section:
unlicensed person means a person who—
(a)is not licensed under this Act; and
(b)either—
(i)does not hold an authority (however described) under a corresponding law to be an agent or an employee of an agent; or
(ii)holds an authority mentioned in subparagraph (i) that is suspended.
Agreements between licensed agents to share commission etc
(1)An agreement between licensed agents to share a commission, fee or reward for a service carried out as licensed agents is unenforceable unless the agreement—
(a)is in writing; and
(b)is signed by each of the licensed agents; and
(c)contains the terms prescribed by regulation for this section.
(2)A provision in, or applying to, the agreement that purports to exclude or change the operation of this section (including the terms prescribed by regulation for this section) is void.
(3)This section does not apply to—
(a)an agreement between licensed agents who are in partnership together; or
(b)an agreement between licensed agents if one agent employs the other; or
(c)an agreement, transaction, circumstance or kind of person exempted from this section by regulation; or
(d)an agreement for services in relation to land (other than rural land), if the land is used or intended to be used only or mainly for commercial, business or industrial purposes.
(4)A licensed agent commits an offence if the agent enters into an agreement that is unenforceable because of subsection (1).
Maximum penalty: 50 penalty units.
(5)An offence against this section is a strict liability offence.
Duty to notify failures to account
(1)A licensed agent commits an offence if the agent—
(a)finds out that there has been a failure to account by an employee; and
(b)does not tell the commissioner for fair trading about the failure within 5 business days after the day the agent finds out about it.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
employee, of a licensed agent, includes a person who performs services for the agent on contract.
Division 5.3 Offences—assistant property agents
NoteAt common law, a licensed agent is responsible, in tort and contract, for acts or omissions of the agent’s employees within the scope of the employee’s authority or for the benefit, or purported or intended benefit, of the agent or agent’s business.
Licensed property agent may only employ licensed property agent or registered assistant property agent
(1)A licensed property agent commits an offence if—
(a)the agent employs a person to provide a service, in relation to the agent’s business, that a person must be licensed or registered to provide; and
(b)the person provides the service; and
(c)either––
(i)the person is not licensed or registered to provide the service; or
(ii)the person is licensed or registered to provide the service but the licence or registration is suspended.
Maximum penalty: 50 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
75AAssistant property agents must not sign agency agreements
(1)A person commits an offence if the person—
(a)is a registered assistant property agent; and
(b)signs an agency agreement.
Maximum penalty: 100 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
agency agreement—see section 100 (1) (a).
Employee must tell employer about disqualification
(1)An employee of a licensed agent commits an offence if the employee—
(a)is disqualified under—
(i)section 27 (People disqualified from being licensed) from being licensed; or
(ii)section 51 (People disqualified from being registered) from being registered; and
(b)does not tell the licensed agent about the disqualification within 5 business days after the day the employee finds out about it.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Division 5.4 Conflicts of interest—real estate and stock and station agents
Licensed real estate and stock and station agents must not act for buyer and seller of land
(1)A licensed real estate agent or licensed stock and station agent commits an offence if the agent acts as agent for the buyer and seller of the same land at the same time.
Maximum penalty: 100 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
Division 5.5 Advertisements and other statements
When is a statement published?
A statement is published if it is—
(a)included in a newspaper, periodical publication or other publication; or
(b)publicly exhibited in, on, over or under a building, vehicle or place (whether or not a public place and whether on land or water), or in the air in view of people on a street or in a public place; or
(c)contained in a document given to someone or left on premises where someone lives or works; or
(d)broadcast by radio or television; or
(e)electronically distributed by other means (for example, by inclusion on a website).
False or misleading advertisements
(1)An agent commits an offence if—
(a)the agent publishes an advertisement; and
(b)the advertisement contains a statement about the agent’s business; and
(c)the agent publishes the advertisement knowing that, or being reckless about whether, the statement––
(i)is false or misleading; or
(ii)omits anything without which the statement is misleading.
Maximum penalty: 100 penalty units.
(2)Subsection (1) (c) (i) does not apply if the statement is not false or misleading in a material particular.
(3)Subsection (1) (c) (ii) does not apply if the omission does not make the statement misleading in a material particular.
Division 5.6 Land—further provisions
Meaning of benefit, estimate and selling price for div 5.6
In this division:
benefit means financial or other benefit.
estimate includes opinion and belief.
selling price includes selling price range.
Meaning of pre-contract information for div 5.6
In this division:
pre-contract information, for an agent acting for the buyer or seller of land, means information about—
(a)any relationship, and the nature of the relationship (whether personal or commercial), the agent has with anyone whom the agent has referred, refers, or expects to refer, the seller or buyer to for professional services in relation to the sale or purchase; and
(b)whether the agent receives, or expects to receive, any benefit, whether financial or otherwise, from a person whom the agent has referred, refers, or expects to refer, the seller or buyer to for professional services and, if so, the amount or value of the benefit; and
(c)the amount, value or nature of any benefit anyone (other than the buyer or seller) has received, receives, or expects to receive, in relation to the sale or purchase, or for promoting the sale or purchase, or for providing a service in relation to the sale or purchase, of the land.
Examples of relationships for par (a)
1 a family relationship
2 a business relationship
3 a fiduciary relationship
4 a relationship in which a person is accustomed, or obliged, to act in accordance with the directions, instructions, or wishes of the other
Examples of people who may receive a benefit for par (c)
1 finance broker
2 financial adviser
3 financier
4 property valuer
5 lawyer
6 real estate agent
Meaning of beneficial interest and obtains a beneficial interest for div 5.6
In this division:
beneficial interest in land includes—
(a)a lease of the land; and
(b)an option for the purchase of the land or a lease of the land; and
(c)a general power of appointment over the land.
obtains a beneficial interest—a person (including an agent or assistant property agent) obtains a beneficial interest in land if a beneficial interest in the land is obtained by—
(a)the person; or
(b)a family member of the person; or
(c)a corporation with not more than 100 members that the person, or a family member of the person, is a member of; or
(d)a subsidiary of a corporation mentioned in paragraph (c); or
(e)a corporation that the person, or a family member of the person, is an executive officer of; or
(f)the trustee of a trust that the person, or a family member of the person, is a beneficiary of, if the interest is obtained on behalf of the trust; or
(g)a member of a firm or partnership that the person, or a family member of the person, is a member of; or
(h)someone else carrying on a business if the person, or a family member of the person, has a direct or indirect right to participate in the profits of the business.
Agents giving financial and investment advice
(1)A regulation may make provision in relation to information or warnings that an agent must give to a person if the agent provides financial or investment advice to the person about the sale or purchase of land.
(2)Despite section 178 (3) (Regulation-making power), a regulation may prescribe maximum penalties of not more than 200 penalty units for offences for contravention of a regulation made for subsection (1).
Agents must disclose certain information
(1)An agent who is acting for a buyer of land must disclose the pre‑contract information to the buyer before the buyer enters into a contract for the purchase of the land.
Maximum penalty: 200 penalty units.
(2)A written acknowledgment by a buyer of land that the pre-contract information was given to the buyer before the buyer entered into a contract in relation to the land is evidence that subsection (1) has been complied with in relation to the land.
NoteIf a form is approved under s 177 for an acknowledgment, the form must be used.
(3)An agent who is acting for a seller of land must disclose the pre‑contract information to the seller before the seller enters into a contract for the sale of the land.
Maximum penalty: 200 penalty units.
(4)A written acknowledgment by a seller of land that the pre-contract information was given to the seller before the seller entered into a contract in relation to the land is evidence that subsection (3) has been complied with in relation to the land.
NoteIf a form is approved under s 177 for an acknowledgment, the form must be used.
(5)An offence against this section is a strict liability offence.
class 1 licensed stock and station agent means a person who holds a class 1 licence as a stock and station agent.
class 2 licensed business agent means a person who holds a class 2 licence as a business agent.
class 2 licensed property agent means—
(a)a class 2 licensed business agent; or
(b)a class 2 licensed real estate agent; or
(c)a class 2 licensed stock and station agent.
class 2 licensed real estate agent means a person who holds a class 2 licence as a real estate agent.
class 2 licensed stock and station agent means a person who holds a class 2 licence as a stock and station agent.
compensation fund means the consumer compensation fund kept under section 144.
corresponding law—see section 174.
details, of a trust account, for part 7 (Trust accounts—licensed property agents)—see section 103.
employ includes––
(a)engaging a person on a contract of service; and
(b)for a corporation, having a person as director or other member of its governing body.
employee—
(a)means—
(i)any person employed, regardless of how remunerated; and
(ii)a person engaged on a contract of service; and
(b)for a corporation, includes a director or other member of its governing body.
estimate, for division 5.6 (Land—further provisions)—see section 80.
executive officer, of a corporation, means a person who is concerned in, or takes part in, the management of the corporation, whether or not the person is a director of the corporation.
failure to account, in relation to a licensed agent, means a failure by the agent to account for money or other property entrusted to the agent in the course of carrying on the agent’s business as a licensed agent.
fair trading legislation—see section 7.
family member, of a person, means—
(a)the person’s domestic partner; or
(b)the person’s parent or child; or
(c)the person’s brother, sister, half-brother or half-sister; or
(d)the parent or child of the person’s domestic partner.
ground for occupational discipline—
(a)for an agent—see section 41; and
(b)for a registered assistant property agent—see section 65.
land includes an interest in land.
land auctioneer means a person who carries on business as a land auctioneer.
land auctioneer service—see section 11 (2).
licence means a licence under this Act.
licensed, for division 3.1 (Agents to be licensed)––see section 17.
licensed agent means an agent who holds a licence, and includes a land auctioneer who holds a licence.
licensed business agent means—
(a)a class 1 licensed business agent; or
(b)a class 2 licensed business agent.
licensed land auctioneer means a person who holds a licence as a land auctioneer.
licensed property agent—
(a)for this Act generally—see section 7A; and
(b)for part 7 (Trust accounts—licensed property agents)—see section 101; and
(c)for division 8.2 (Freezing accounts—licensed property agents)—see section 131; and
(d)for division 10.2 (Claims against compensation fund)—see section 147.
licensed real estate agent means—
(a)a class 1 licensed real estate agent; or
(b)a class 2 licensed real estate agent.
licensed stock and station agent means—
(a)a class 1 licensed stock and station agent; or
(b)a class 2 licensed stock and station agent.
main place of business, for a licensed agent, means the place shown in the register as the agent’s main place of business.
non-ACT offence means an offence against a law other than a territory law.
obtains a beneficial interest, in land, for division 5.6 (Land—further provisions)—see section 82.
parent, of a person, means the person’s father, mother, grandfather, grandmother, stepfather or stepmother, or someone acting in place of the person’s parent.
police certificate, for a person, means a written statement by the Australian Federal Police or the Australian Criminal Intelligence Commission indicating—
(a)whether, according to the records held by the Australian Federal Police or the Australian Criminal Intelligence Commission, the person has been charged with, or convicted of, an offence against a law of—
(i)the Territory; or
(ii)the Commonwealth; or
(iii)a State; or
(iv)another country; and
(b)if so—particulars of each offence.
NoteA conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).
pre-contract information, for division 5.6 (Land—further provisions)—see section 81.
principal, of a person, does not include the person’s employer.
publish—see section 78.
qualified auditor, for division 7.4 (Audit of trust accounts)—see section 112.
real estate agent service—see section 8 (2).
records includes documents and information in electronic form.
register, when used as a noun, means the register under section 160.
registered, in relation to an assistant property agent, for division 4.1 (Assistant property agents to be registered)—see section 44.
registered assistant business agent means a person registered under section 57 as an assistant business agent.
registered assistant property agent—
(a)for this Act generally, means—
(i)a registered assistant business agent; or
(ii)a registered assistant real estate agent; or
(iii)a registered assistant stock and station agent; and
(b)for division 4.4 (Occupational discipline—registered assistant property agents)—see section 64.
registered assistant real estate agent means a person registered under section 57 as an assistant real estate agent.
registered assistant stock and station agent means a person registered under section 57 as an assistant stock and station agent.
registration means registration under this Act.
relevant offence—
(a)means—
(i)any of the following offences against a territory law:
(A)an offence involving dishonesty;
(B)an offence against the person;
(C)an offence involving violence;
(D)an offence against the Criminal Code, chapter 6, punishable by a maximum term of imprisonment of 3 years or more (a serious drug offence) or an offence against a territory law previously in force that is similar in nature to a serious drug offence; or
(ii)a sexual offence; and
(b)includes a non-ACT offence that is similar in nature to an offence mentioned in paragraph (a) (i).
reviewable decision, for part 12 (Notification and review of decisions)––see section 166.
rules of conduct means rules of conduct prescribed under section 171.
rural land means land used mainly for––
(a)agricultural or pastoral purposes; or
(b)a purpose prescribed by regulation.
seller includes prospective seller.
selling price, for division 5.6 (Land—further provisions)—see section 80.
sexual offence—see the Spent Convictions Act 2000, dictionary.
stock and station agent service—see section 9 (2).
stop direction, for division 8.2 (Freezing accounts—licensed property agents)––see section 131.
trust account—see section 105.
trust money—see section 102.
vehicle includes a ship, train or aircraft.
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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
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.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Agents Act 2003 A2003-20
notified LR 19 May 2003
s 1, s 2 commenced 19 May 2003remainder commenced 1 November 2003 (s 2 and CN2003-12)
as amended by
Civil Law (Sale of Residential Property) Act 2003 A2003-40 sch 1 pt 1.1 (as am by A2004‑32 s 55)
notified LR 8 September 2003
s 1, s 2 commenced 8 September 2003 (LA s 75 (1))sch 1 pt 1.1 commenced 1 July 2004 (s 2)
Justice and Community Safety Legislation Amendment Act 2004 A2004-18 pt 2
notified LR 6 April 2004
s 1, s 2 commenced 6 April 2004 (LA s 75 (1))
pt 2 commenced 20 April 2004 (s 2)Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 2, s 55
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 2 commenced 30 June 2004 (s 2 (1))s 55 commenced 1 July 2004 (s 2 (2))
Notes 55 only amends Civil Law (Sale of Residential Property) Act 2003 A2003-40
Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 2
notified LR 23 February 2005
s 1, s 2 commenced 23 February 2005 (LA s 75 (1))
pt 2 commenced 24 February 2005 (s 2 (2))Justice and Community Safety Legislation Amendment Act 2005 (No 2) A2005-11 pt 2
notified LR 11 March 2005
s 1, s 2 commenced 11 March 2005 (LA s 75 (1))
pt 2 commenced 12 March 2005 (s 2)Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.1
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.1 commenced 2 June 2005 (s 2 (1))Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.4
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.4 commenced 12 April 2007 (s 2 (1))Justice and Community Safety Legislation Amendment Act 2007 A2007-22 sch 1 pt 1.1
notified LR 5 September 2007
s 1, s 2 commenced 5 September 2007 (LA s 75 (1))sch 1 pt 1.1 commenced 6 September 2007 (s 2)
Regulatory Services Legislation Amendment Act 2008 A2008-5 pt 2
notified LR 15 April 2008
s 1, s 2 commenced 15 April 2008 (LA s 75 (1))
pt 2 commenced 1 July 2008 (s 2 and CN2008-7)Justice and Community Safety Legislation Amendment Act 2008 (No 3) A2008-29 sch 1 pt 1.2
notified LR 13 August 2008
s 1, s 2 commenced 13 August 2008 (LA s 75 (1))sch 1 pt 1.2 commenced 27 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.3
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.3 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009‑2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.4
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.4 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009‑2)
Unit Titles Amendment Act 2008 (No 2) A2008-45 sch 1 pt 1.1
notified LR 10 September 2008
s 1, s 2 commenced 10 September 2008 (LA s 75 (1))
sch 1 amdt 1.3 commenced 2 February 2009 (s 2 (2))
sch 1 pt 1.1 remainder commenced 1 July 2009 (s 2 (1) and CN2008‑18)Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.1
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.1 commenced 22 September 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2009 (No 3) A2009-44 sch 1 pt 1.3
notified LR 24 November 2009
s 1, s 2 commenced 24 November 2009 (LA s 75 (1))sch 1 pt 1.3 commenced 22 December 2009 (s 2 (3))
Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010‑54 sch 3 pt 3.1
notified LR 16 December 2010
s 1, s 2 commenced 16 December 2010 (LA s 75 (1))
sch 3 pt 3.1 commenced 1 January 2011 (s 2 (1))Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.7
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.7 commenced 1 July 2011 (s 2 (1))
Unit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.1
notified LR 3 November 2011
s 1, s 2 commenced 3 November 2011 (LA s 75 (1))
sch 5 pt 5.1 commenced 30 March 2012 (s 2 and CN2012-6)Justice and Community Safety Legislation Amendment Act 2011 (No 3) A2011-49 sch 1 pt 1.1
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))sch 1 pt 1.1 commenced 12 December 2011 (s 2 (2) (a) and see Statute Law Amendment Act 2011 (No 3) A2011-52 s 2)
Justice and Community Safety Legislation Amendment Act 2013 (No 2) A2013-11 sch 1 pt 1.1
notified LR 28 March 2013
s 1, s 2 commenced 28 March 2013 (LA s 75 (1))sch 1 pt 1.1 commenced 4 April 2013 (s 2)
Justice and Community Safety Legislation (Red Tape Reduction No 1—Licence Periods) Amendment Act 2013 A2013-28 pt 2
notified LR 21 August 2013
s 1, s 2 commenced 21 August 2013 (LA s 75 (1))pt 2 commenced 22 August 2013 (s 2)
Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.1
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))sch 3 pt 3.1 commenced 25 November 2013 (s 2)
Justice and Community Safety Legislation Amendment Act 2014 A2014-17 sch 1 pt 1.1
notified LR 13 May 2014
s 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))
sch 1 pt 1.1 commenced 1 July 2014 (s 2 (2))Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014‑49 pt 3
notified LR 10 November 2014
s 1, s 2 commenced 10 November 2014 (LA s 75 (1))pt 3 commenced 17 November 2014 (s 2)
Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.2
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))sch 3 pt 3.2 commenced 10 June 2015 (s 2)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.4
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.4 commenced 14 October 2015 (s 2)Spent Convictions (Historical Homosexual Convictions Extinguishment) Amendment Act 2015 A2015‑45 sch 1 pt 1.1
notified LR 6 November 2015
s 1, s 2 commenced 6 November 2015 (LA s 75 (1))sch 1 pt 1.1 commenced 7 November 2015 (s 2)
Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.3
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))sch 1 pt 1.3 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.3, sch 4 pt 4.2
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))sch 3 pt 3.3. sch 4 pt 4.2 commenced 27 April 2016 (s 2)
Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.4
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.4 commenced 9 March 2017 (s 2)Red Tape Reduction Legislation Amendment Act 2017 A2017-17 pt 2
notified LR 14 June 2017
s 1, s 2 commenced 14 June 2017 (LA s 75 (1))
pt 2 commenced 31 August 2017 (s 2 (2))Justice Legislation Amendment Act 2020 A2020-42 pt 3
notified LR 27 August 2020
s 1, s 2 commenced 27 August 2020 (LA s 75 (1))
pt 3 commenced 27 February 2021 (s 2 (6) and LA s 79)Fair Trading and Other Justice Legislation Amendment Act 2022 A2022‑8 pt 2
notified LR 11 May 2022
s 1, s 2 commenced 11 May 2022 (LA s 75 (1))
pt 2 commenced 1 July 2022 (s 2 (2))Justice and Community Safety Legislation Amendment Act 2022 A2022‑21 pt 2
notified LR 9 December 2022
s 1, s 2 commenced 9 December 2022 (LA s 75 (1))
pt 2 commenced 10 December 2022 (s 2)Justice and Community Safety Legislation Amendment Act 2023 A2023‑13 pt 2
notified LR 11 April 2023
s 1, s 2 commenced 11 April 2023 (LA s 75 (1))
pt 2 commenced 12 April 2023 (s 2)Housing and Consumer Affairs Legislation Amendment Act 2024 A2024‑29 pt 2, sch 1 pt 1.1
notified LR 9 July 2024
s 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))
pt 2 taken to have commenced 1 July 2024 (s 2 (3))
sch 1 pt 1.1 commenced 16 July 2024 (s 2 (1))Better Regulation Legislation Amendment Act 2025 A2025-13 pt 2
notified LR 26 May 2025
s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
pt 2 commenced 9 June 2025 (s 2 (1))Amendment history
Commencement
s 2om LA s 89 (4)
Dictionary
s 3am A2024‑29 amdt 1.1
Application of Act
s 6am A2016‑13 amdt 1.5
Meaning of fair trading legislation
s 7sub A2007‑3 amdt 3.21
am A2010‑54 amdt 3.1
Meaning of licensed property agent
s 7Ains A2022‑8 s 4
Carrying on business as real estate agent
s 8am A2008‑45 amdt 1.1; pars renum R15 LA; A2022‑8 s 5, s 6; pars renum R37 LA
People not taken to carry on business as real estate agent
s 8Ains A2008‑45 amdt 1.2
Carrying on business as stock and station agent
s 9am A2015‑15 amdt 3.2; A2022‑8 s 7
Carrying on business as land auctioneer
s 11om A2014‑17 amdt 1.1
ins A2022‑8 s 8
Carrying on business as employment agent
s 12om A2024‑29 s 6
Employees not taken to carry on business as agents
s 13am A2014‑17 amdt 1.2; pars renum R26 LA; A2024‑29 s 7
Application—div 3.1
s 16sub A2022‑8 s 9
Meaning of licensed—div 3.1
s 17sub A2022‑8 s 9
Land auctioneers must be licensed
s 21om A2014‑17 amdt 1.3
ins A2022‑8 s 10
am A2023‑13 s 5; ss renum R39 LA
Employment agents must be licensed
s 22am A2007‑22 amdt 1.1
om A2024‑29 s 8
Classes of property agent licence
s 23Ains A2022‑8 s 11
Property agents must have correct class of licence
s 23Bins A2022‑8 s 11
Eligibility, qualifications and disqualification—agents
div 3.2 hdgsub A2022‑8 s 12
Eligibility for licences
s 24am A2004‑32 s 4, s 5; ss renum R3 LA (see A2004‑32 s 6); A2005‑11 s 4; A2014‑17 amdt 1.4, amdt 1.5; ss renum R26 LA; A2022‑8 s 13, s 14; ss renum R37 LA
Qualifications and experience for licences
s 25sub A2022‑8 s 15
Additional eligibility grounds for travel agents
s 26am A2005‑11 s 5, s 6
om A2014‑17 amdt 1.6
People disqualified from being licensed
s 27am A2008‑5 s 4, s 5; A2008‑36 amdt 1.39; A2020‑42 s 5; pars renum R36 LA; A2022‑8 s 16
Suitability—real estate agents
s 27Ains A2020‑42 s 6
am A2022‑8 s 17
Licence procedures and details—agents
div 3.3 hdgsub A2022‑8 s 18
Advertising intended licence applications
s 28am A2009‑20 amdt 3.1; A2015‑33 amdt 1.6; A2022‑8 s 19, s 20
Licence applications
s 29am A2008‑5 s 6; A2022‑8 s 21; ss renum R37 LA
Decisions on licence applications
s 33am A2008‑36 amdt 1.17; A2022‑8 s 22; ss renum R37 LA
Licence conditions
s 34am A2008‑36 amdt 1.39
Term of licences
s 35am A2013‑28 s 4
Renewal of licences
s 36am A2008‑36 amdt 1.17
Continuation of existing licences until renewal applications decided
s 37 hdgsub A2013‑44 amdt 3.1
s 37am A2013‑28 s 5; A2013‑44 amdt 3.2
Occupational discipline—agents
div 3.4 hdgsub A2008‑36 amdt 1.18
div 3.4 hdg note am A2010‑54 amdt 3.2
Grounds for occupational discipline—agents
s 41 hdgsub A2008‑36 amdt 1.19
s 41am A2005‑11 s 7; A2008‑5 s 7; A2008‑36 amdt 1.20, amdt 1.39; A2014‑17 amdt 1.7; pars renum R26 LA
Application to ACAT for occupational discipline—agents
s 42sub A2008‑36 amdt 1.21
Occupational discipline orders—agents
s 43am A2008‑5 s 8
sub A2008‑36 amdt 1.21
am A2008‑45 amdt 1.3; A2011‑41 amdt 5.1
Registration of assistant property agents
pt 4 hdgam A2022‑8 s 100
Assistant property agents to be registered
div 4.1 hdgam A2022‑8 s 100
Meaning of registered—div 4.1
s 44sub A2022‑8 s 23
Assistant real estate agents must be registered
s 45 hdgsub A2022‑8 s 24
s 45am A2014‑49 s 7, s 8; A2022‑8 s 25, s 26
Assistant stock and station agents must be registered
s 46 hdgsub A2022‑8 s 27
s 46am A2014‑49 s 9, s 10; A2022‑8 s 28, s 29
Assistant business agents must be registered
s 47 hdgsub A2022‑8 s 30
s 47am A2014‑49 s 11, s 12; A2022‑8 s 31, s 32
Assistant property agents must be registered to recover fees etc
s 48sub A2022‑8 s 33
Eligibility, qualifications and disqualification—assistant property agents
div 4.2 hdgsub A2022‑8 s 34
Eligibility for registration
s 49am A2022‑8 s 35; ss renum R37 LA
Qualifications and experience for registration
s 50sub A2022‑8 s 36
People disqualified from being registered
s 51am A2008‑5 s 9, s 10; A2008‑36 amdt 1.39; A2020‑42 s 7; pars renum R36 LA; A2022‑8 s 37, s 38, s 101
Suitability—assistant real estate agents
s 51A hdgsub A2022‑8 s 39
s 51Ains A2020‑42 s 8; A2022‑8 ss 40-42
Registration procedures and details—assistant property agents
div 4.3 hdgsub A2022‑8 s 43
Advertising intended registration applications
s 52am A2009‑20 amdt 3.1; A2015‑33 amdt 1.7; A2022‑8 s 44, s 45
Registration applications
s 53am A2008‑5 s 11; A2022‑8 s 46; ss renum R37 LA
Decisions on registration applications
s 57am A2008‑36 amdt 1.22
Registration conditions
s 58am A2008‑36 amdt 1.39; A2022‑8 s 101
Term of registration
s 59am A2013‑28 s 6
Renewal of registrations
s 60am A2008‑36 amdt 1.22; A2022‑8 s 101
Continuation of existing registrations until renewal applications decided
s 61am A2013‑28 s 7; A2013‑44 amdt 3.2; A2022‑8 s 100, s 101
Registration certificates
s 62am A2022‑8 s 101
Surrender of registration
s 63am A2022‑8 s 101
Occupational discipline—registered assistant property agents
div 4.4 hdgsub A2008‑36 amdt 1.23
am A2022‑8 s 100
div 4.4 hdg note am A2010‑54 amdt 3.3
Meaning of registered assistant property agent—div 4.4
s 64sub A2022‑8 s 47
Grounds for occupational discipline—assistant property agents
s 65 hdgsub A2008‑36 amdt 1.24
am A2022‑8 s 100
s 65am A2008‑5 s 12; A2008‑36 amdt 1.25, amdt 1.39; A2022‑8 s 48, s 101
Application to ACAT for occupational discipline—assistant property agents
s 66 hdgam A2022‑8 s 100
s 66sub A2008‑36 amdt 1.26
am A2022‑8 s 101
Occupational discipline orders—assistant property agents
s 67 hdgam A2022‑8 s 100
s 67am A2008‑5 s 13
sub A2008‑36 amdt 1.26
am A2022‑8 s 48, s 101
Conduct of licensed agents and registered assistant property agents
pt 5 hdgam A2022‑8 s 100
Main place of business
s 68am A2008‑5 s 14
Licensed agent in charge to have class 1 property agent licence
s 68Ains A2022‑8 s 49
Property agent place of business to have class 1 licensed property agent in charge
s 69sub A2022‑8 s 49
Class 1 licensed property agent to be in charge of 1 place of business
s 70am A2007‑22 amdt 1.2; A2014‑17 amdt 1.8
sub A2022‑8 s 49
Class 1 licensed property agent to be in charge of business—exemptions
s 71 hdgsub A2022‑8 s 50
s 71am A2022‑8 s 51, s 102
Licensed property agent must not share commission etc with unlicensed person
s 72 hdgam A2022‑8 s 102
s 72am A2005‑20 amdt 3.1; A2022‑8 s 101, s 102
Agreements between licensed agents to share commission etc
s 73am A2015‑15 amdt 3.3
Offences—assistant property agents
div 5.3 hdgsub A2022‑8 s 52
Licensed property agent may only employ licensed property agent or registered assistant property agent
s 75 hdgsub A2022‑8 s 53
s 75am A2022‑8 s 54, s 102; ss renum R37 LA
Assistant property agents must not sign agency agreements
s 75Ains A2022‑8 s 55
(2), (4) exp 30 June 2023 (s 75A (4))
ss renum R40 LA
Conflicts of interest—real estate and stock and station agents
div 5.4 hdgsub A2022‑8 s 56
Licensed real estate and stock and station agents must not act for buyer and seller of land
s 77 hdgsub A2022‑8 s 57
s 77am A2022‑8 s 58
When is a statement published?
s 78am A2013‑44 amdt 3.3
Meaning of pre-contract information for div 5.6
s 81am A2005‑20 amdt 3.2
Meaning of beneficial interest and obtains a beneficial interest for div 5.6
s 82am A2022‑8 s 101
Assistant property agents must disclose certain information
s 85 hdgsub A2022‑8 s 59
s 85am A2022‑8 s 60, s 61
Agents must not obtain beneficial interest in land
s 86am A2004‑18 s 4
Assistant property agents must not obtain beneficial interest in land
s 87 hdgsub A2022‑8 s 62
s 87am A2004‑18 s 5; A2022‑8 s 63, s 64, s 101
False representations to sellers or buyers
s 88am A2022‑8 s 65, s 101
Requirement to substantiate selling price estimates
s 89am A2022‑8 s 65, s 101
Proposed contracts for sale of residential property
s 89Ains A2003‑40 amdt 1.1 (as am A2004‑32 s 55)
am A2022‑8 s 66, s 101
Contracts for sale of residential property
s 89Bins A2003‑40 amdt 1.1
am A2022‑8 s 101
Travel agents—further provisions
div 5.7 hdgom A2014‑17 amdt 1.9
Meaning of compensation scheme for div 5.7
s 90am A2005‑11 s 8
om A2014‑17 amdt 1.9
Participation in compensation scheme
s 91am A2005‑11 s 9
om A2014‑17 amdt 1.9
Powers of travel agents board of trustees
s 92om A2014‑17 amdt 1.9
Legal action by travel agents board of trustees
s 93om A2014‑17 amdt 1.9
Rights of travel agents board of trustees
s 94om A2014‑17 amdt 1.9
Dealings with unlicensed travel agents
s 95om A2014‑17 amdt 1.9
Employment agents—further provisions
div 5.8 hdgom A2024‑29 s 9
Employment agents must only take fee from employer
s 96om A2024‑29 s 9
Other offences—agents and assistant property agents
div 5.9 hdgsub A2022‑8 s 67
Lending registration certificate
s 98am A2022‑8 s 68, s 101
Employment agents
pt 5A hdgins A2024‑29 s 10
Meaning of carries on business as an employment agent—pt 5A
s 98Ains A2024‑29 s 10
Employment agents must only take fee from employer
s 98Bins A2024‑29 s 10
Application of pt 6
s 99am A2022‑21 s 4
No commission or expenses without agency agreement
s 100am A2022‑8 s 102
Trust accounts—licensed property agents
pt 7 hdgsub A2022‑8 s 69
Meaning of licensed property agent—pt 7
s 101orig
reloc and renum as s 104A
pres
ins A2022‑8 s 70
What is trust money?
s 102am A2022‑8 s 102
Meaning of licensed agent—divs 7.2 and 7.3
s 104A(prev s 101) sub A2015‑15 amdt 3.4
reloc and renum as s 104A A2015‑15 amdt 3.5
om A2022‑8 s 71
Opening trust accounts
s 105am A2009‑44 amdt 1.13; A2016‑18 amdt 4.2, amdt 4.3; A2022‑8 s 102
Opening trust accounts—exemptions
s 105Ains A2009‑44 amdt 1.14
am A2022‑8 s 102
Closing trust accounts
s 106am A2022‑8 s 102
Dealing with trust money
s 107am A2004‑32 s 7; ss renum R3 LA (see A2003‑32 s 8); A2013‑44 amdt 3.4; A2022‑8 s 102
Assistant property agents must not withdraw trust money
s 107Ains A2022‑8 s 72
Licensed property agents to notify of overdrawn trust accounts
s 108 hdgsub A2022‑8 s 73
s 108am A2022‑8 s 102
Interest on trust accounts
s 109am A2005‑5 s 4
Change of owners corporation managing agent—former agent to give statement and records
s 109Ains A2008‑45 amdt 1.4
am A2015‑15 amdt 3.6
Quarterly statements by licensed property agents
s 111 hdgsub A2022‑8 s 73
s 111am A2022‑8 s 102
Audit of trust accounts
div 7.4 hdg note am A2015‑15 amdt 3.7
om A2025-13 s 4
Audit period
s 113am A2022‑8 s 102
Qualifications for auditors
s 114am A2013‑44 amdt 3.5
Requirement for audit
s 115am A2005‑20 amdt 3.3; A2017-17 ss 5-7; ss renum R35 LA; A2022‑8 s 102
If no trust money held during audit period
s 116am A2013‑44 amdt 3.6;
om A2014‑49 s 13
Audit obligations of partners
s 117am A2022‑8 s 102
Auditor reports
s 118am A2022‑8 s 102
Unclaimed trust money held by licensed property agents
s 119 hdgam A2022‑8 s 102
s 119am A2022‑8 s 102
Trust money held by former licensed property agents
s 120 hdgam A2022‑8 s 102
s 120am A2022‑8 s 102
Trust money held by personal representatives of licensed property agents
s 121 hdgam A2022‑8 s 102
s 121am A2022‑8 s 102
Content of statements
s 122am A2022‑8 s 102
Duties of commissioner in relation to unclaimed money in trust accounts
s 123am A2009‑20 amdt 3.1; A2015‑33 amdt 1.8; A2016‑13 amdt 1.5; A2017‑4 amdt 3.5
Payment of unclaimed money to public trustee and guardian
s 124 hdgam A2016‑13 amdt 1.5
s 124am A2005‑20 amdt 3.4; A2013‑11 amdt 1.1; A2016‑13 amdt 1.5; A2022‑8 s 74
Applications to recover money
s 125om A2013‑11 amdt 1.2
Decisions on recovery applications
s 126am A2005‑20 amdt 3.5, amdt 3.6
om A2013‑11 amdt 1.2
What records must be kept
s 127am A2025-13 s 5
How records must be kept
s 128 hdgsub A2025-13 s 6
s 128am A2025-13 s 7
Receipts
s 130am A2014‑17 amdt 1.10; A2024‑29 s 11
Freezing accounts—licensed property agents
div 8.2 hdgsub A2022‑8 s 75
Definitions—div 8.2
s 131sub A2022‑8 s 76
def account sub A2022‑8 s 76
def agent om A2022‑8 s 76
def licensed property agent ins A2022‑8 s 76
def stop direction sub A2022‑8 s 76
Meaning of administrator—pt 9
s 138sub A2015‑15 amdt 3.8
When administrators may be appointed
s 139sub A2008‑5 s 15
Consumer compensation fund—licensed property agents
pt 10 hdgsub A2022‑8 s 77
Consumer compensation fund
s 144am A2011‑22 amdt 1.29, amdt 1.31
Claims against compensation fund
div 10.2 hdgsub A2013‑44 amdt 3.7
Definitions—div 10.2
s 147sub A2022‑8 s 78
def claimant sub A2022‑8 s 78
def licensed agent om A2022‑8 s 78
def licensed property agent ins A2022‑8 s 78
Application—div 10.2
s 148sub A2022‑8 s 78
Entitlement to claim compensation
s 149am A2008‑45 amdt 1.5; ss renum R15 LA; A2022‑8 s 102
Notice inviting claims
s 150am A2009‑20 amdt 3.1; A2015‑33 amdt 1.9; A2022‑8 s 102
Claims for compensation
s 151am A2005‑20 amdt 3.7; A2013‑44 amdt 3.8; A2016‑18 amdt 3.11, amdt 3.12
Requirement to give information and produce documents
s 152am A2013‑44 amdt 3.9; A2016‑18 amdt 3.13
Requirement to begin proceedings
s 153am A2022‑8 s 102
Payment of compensation
s 155am A2011‑22 amdt 1.31; A2022‑8 s 102
Interim payment of compensation
s 156am A2011‑22 amdt 1.31
Insufficiency of compensation fund
s 157am A2011‑22 amdt 1.31
Subrogation
s 159am A2022‑8 s 102
Register information
s 161am A2008‑36 amdt 1.27; A2022‑8 s 79
Amounts received under Act
s 162am A2008‑29 amdt 1.6
sub A2008‑37 amdt 1.17
am A2011‑22 amdt 1.31
Determination and payment of amounts for compensation fund
s 163am A2008‑36 amdt 1.28
sub A2008‑37 amdt 1.17
Protection from liability
s 165am A2017‑4 amdt 3.6
Notification and review of decisions
pt 12 hdgsub A2008‑36 amdt 1.29
Meaning of reviewable decision—pt 12
s 166sub A2008‑36 amdt 1.29
Reviewable decision notices
s 167sub A2008‑36 amdt 1.29
Applications for review
s 168sub A2004‑18 s 6; A2008‑36 amdt 1.29
am A2011‑22 amdt 1.31
False or misleading statements
s 169am A2005‑20 amdt 3.8; A2022‑8 s 80
Rules of conduct
s 171am A2022‑8 s 81, s 82, s 101; ss renum R37 LA
Review of disqualifications
s 172om A2008‑36 amdt 1.30
Evidentiary certificates
s 173am A2008‑36 amdt 1.31
Displacement of Corporations legislation
s 175am A2023‑13 s 6
Determination of fees
s 176am A2013‑44 amdt 3.10
Approved forms
s 177am A2013‑44 amdt 3.10
Regulation-making power
s 178am A2022‑8 s 100
Transitional provisions
pt 14 hdgexp 1 November 2007 (s 203)
Definitions
div 14.1 hdgexp 1 November 2005 (s 201)
Definitions for pt 14
s 179exp 1 November 2005 (s 201)
Licensed agents under repealed Act
div 14.2 hdgexp 1 November 2005 (s 201)
Licensed agents under repealed Act generally
s 180exp 1 November 2005 (s 201)
Suspended licensed agents under repealed Act
s 181exp 1 November 2005 (s 201)
People disqualified from holding licence under repealed Act
s 182exp 1 November 2005 (s 201)
Former licensed agents
s 183exp 1 November 2005 (s 201)
Registered agents under repealed Act and employees
div 14.3 hdgexp 1 November 2005 (s 201)
Registered agents under repealed Act generally
s 184exp 1 November 2005 (s 201)
Employees need not have qualifications for 2 years
s 185exp 1 November 2005 (s 201)
Other provisions about the repealed Act
div 14.4 hdgexp 1 November 2005 (s 201)
Register
s 186exp 1 November 2005 (s 201)
Board property
s 187exp 1 November 2005 (s 201)
Proceedings and evidence
s 188exp 1 November 2005 (s 201)
Pending licence applications
s 189exp 1 November 2005 (s 201)
Trust accounts
s 190exp 1 November 2005 (s 201)
Administrative accounts
s 191exp 1 November 2005 (s 201)
Agents fidelity guarantee fund
s 192exp 1 November 2005 (s 201)
Compensation claims––entitlement and beginning
s 193exp 1 November 2005 (s 201)
Compensation claims––board
s 194exp 1 November 2005 (s 201)
Compensation payments
s 195exp 1 November 2005 (s 201)
Disciplinary proceedings
s 196exp 1 November 2005 (s 201)
Surrender of licences
s 197exp 1 November 2005 (s 201)
Administrators
s 198exp 1 November 2005 (s 201)
Auctioneers
div 14.5 hdgexp 1 November 2005 (s 201)
Licensed auctioneers
s 199exp 1 November 2005 (s 201)
Modification and expiry of pt 14
div 14.6 hdgexp 1 November 2005 (s 201)
Regulations modifying pt 14
s 200exp 1 November 2005 (s 201)
Expiry
s 201exp 1 November 2005 (s 201)
Agents’ record
div 14.7 hdgexp 1 November 2005 (s 201)
Keeping of agents’ records
s 202am A2004‑18 s 7
exp 1 November 2007 (s 203)
Expiry of pt 14
s 203exp 1 November 2007 (s 203)
Repeals and consequential amendments
pt 15 hdgom R1 LA
Auctioneers Act 1959, s 16 relocation
s 204om LA s 89 (3)
Acts repealed
s 205om LA s 89 (3)
Subordinate law repealed
s 206om LA s 89 (3)
Instruments repealed—sch 2
s 207om LA s 89 (3)
Acts amended—sch 3
s 208om LA s 89 (3)
Transitional—Unit Titles Amendment Act 2008 (No 2)
pt 20 hdgins A2008‑45 amdt 1.6
exp 1 July 2010 (s 222)
Transitional regulations
s 220ins A2008‑45 amdt 1.6
exp 1 July 2010 (s 222 (LA s 88 declaration applies))
Transitional effect—Legislation Act, s 88
s 221ins A2008‑45 amdt 1.6
exp 1 July 2010 (s 222 (LA s 88 declaration applies))
Expiry—pt 20
s 222ins A2008‑45 amdt 1.6
exp 1 July 2010 (s 222 (LA s 88 declaration applies))
Transitional—Justice and Community Safety Legislation Amendment Act 2014
pt 21 hdgins A2014‑17 amdt 1.11
exp 31 December 2015 (s 227)
Definitions—pt 21
s 223ins A2014‑17 amdt 1.11
exp 31 December 2015 (s 227)
def compensation scheme ins A2014‑17 amdt 1.11
exp 31 December 2015 (s 227)
def repeal day ins A2014‑17 amdt 1.11
exp 31 December 2015 (s 227)
def transition period ins A2014‑17 amdt 1.11
exp 31 December 2015 (s 227)
def travel agents trust deed ins A2014‑17 amdt 1.11
exp 31 December 2015 (s 227)
Continued provision for travel agents board of trustees
s 224ins A2014‑17 amdt 1.11
exp 31 December 2015 (s 227)
Certain review rights preserved
s 225ins A2014‑17 amdt 1.11
exp 31 December 2015 (s 227)
Transitional regulations
s 226ins A2014‑17 amdt 1.11
exp 31 December 2015 (s 227)
Expiry—pt 21
s 227ins A2014‑17 amdt 1.11
exp 31 December 2015 (s 227)
Transitional—Fair Trading and Other Justice Legislation Amendment Act 2022
pt 22 hdgins A2022‑8 s 83
exp 30 June 2025 (s 239)
Definitions—pt 22
s 228ins A2022‑8 s 83
exp 30 June 2025 (s 239)
Licensed agents
s 229ins A2022‑8 s 83
exp 30 June 2025 (s 239)
Licensed agents in charge
s 230ins A2022‑8 s 83
exp 30 June 2025 (s 239)
Experienced property agents who elect to become class 1 licensed property agent
s 231ins A2022‑8 s 83
am A2023‑13 s 7
exp 30 June 2025 (s 239)
Conditional real estate agent licences—acting as auctioneer of land
s 232ins A2022‑8 s 83
exp 30 June 2025 (s 239)
Conditional stock and station agent licences—acting as auctioneer of rural land
s 233ins A2022‑8 s 83
exp 30 June 2025 (s 239)
Registered salespeople
s 234ins A2022‑8 s 83
exp 30 June 2025 (s 239)
Unqualified real estate salespeople
s 235ins A2022‑8 s 83
exp 30 June 2025 (s 239)
Owners corporation managing agents—licensed agent in charge
s 236ins A2022‑8 s 83
exp 30 June 2025 (s 239)
Owners corporation managing agents
s 237ins A2022‑8 s 83
exp 30 June 2025 (s 239)
Offence against s 21 (1) (b) (i)—exception for licensed real estate, stock and station agents
s 237Ains A2023‑13 s 8
exp 30 June 2025 (s 239)
Offence against s 21 (1) (b) (i)—exception for registered assistant real estate, stock and station agents
s 237Bins A2023‑13 s 8
exp 30 June 2025 (s 239)
Class 1 licensed property agents—equivalent additional class 1 training
s 237Cins A2023‑13 s 8
exp 30 June 2024 (s 237C (2))
Transitional regulations
s 238ins A2022‑8 s 83
exp 30 June 2025 (s 239)
Expiry—pt 22
s 239ins A2022‑8 s 83
exp 30 June 2025 (s 239)
Reviewable decisions
sch 1am A2008‑5 s 16; items renum R12 LA; A2008‑36 amdt 1.32; A2009‑44 amdt 1.15; items renum R17 LA; A2022‑8 s 84, s 85, s 101; items renum R37 LA
Instruments repealed
sch 2om LA s 89 (3)
Consequential amendments
sch 3om LA s 89 (3)
Dictionary
dictam A2008‑36 amdts 1.33-1.35; A2009‑20 amdt 3.2; A2010‑54 amdt 3.4; A2011‑22 amdt 1.30; A2011‑49 amdt 1.1; A2015‑33 amdt 1.10; A2016‑13 amdt 1.6; A2016‑18 amdt 3.14; A2017‑4 amdt 3.7, amdt 3.8; A2020‑42 s 9
def account sub A2015‑15 amdt 3.9; A2022‑8 s 86
def ACT dishonesty offence ins A2020‑42 s 10
def agency agreement om A2015‑15 amdt 3.10
def agent sub A2008‑36 amdt 1.36
am A2014‑17 amdt 1.12; A2017‑4 amdt 3.9
sub A2022‑8 s 86
am A2024‑29 s 12; pars renum R41 (RI) LA
def agent, for div 3.4 om A2008‑36 amdt 1.36
def agents licence am A2014‑17 amdt 1.13
sub A2022‑8 s 86
am A2024‑29 s 13; pars renum R41 (RI) LA
def assistant property agent ins A2022‑8 s 87
def carries on business as am A2014‑17 amdt 1.14
sub A2022‑8 s 88
am A2024‑29 s 14
def claimant am A2013‑44 amdt 3.11; A2015‑15 amdt 3.11
def class 1 licensed business agent ins A2022‑8 s 89
def class 1 licensed property agent ins A2022‑8 s 89
def class 1 licensed real estate agent ins A2022‑8 s 89
def class 1 licensed stock and station agent ins A2022‑8 s 89
def class 2 licensed business agent ins A2022‑8 s 89
def class 2 licensed property agent ins A2022‑8 s 89
def class 2 licensed real estate agent ins A2022‑8 s 89
def class 2 licensed stock and station agent ins A2022‑8 s 89
def compensation scheme om A2014‑17 amdt 1.15
def compensation scheme participant om A2014‑17 amdt 1.15
def daily ACT newspaper om A2009‑20 amdt 3.3
def details am A2022‑8 s 90
def employee condition ins A2005‑11 s 10
om A2014‑17 amdt 1.15
def employment agent service om A2024‑29 s 15
def executive officer sub A2024‑29 amdt 1.2
def former licensed agent om A2015‑15 amdt 3.12
def former registered salesperson om A2015‑15 amdt 3.12
def ground for disciplinary action om A2008‑36 amdt 1.37
def ground for occupational discipline ins A2008‑36 amdt 1.37
am A2015‑15 amdt 3.13; A2022‑8 s 91
def investigator sub A2007‑3 amdt 3.22
am A2010‑54 amdt 3.5
om A2017‑4 amdt 3.10
def kind of licence am A2014‑17 amdt 1.16
om A2015‑15 amdt 3.14
def kind of registration om A2015‑15 amdt 3.14
def land auctioneer ins A2022‑8 s 92
def land auctioneer service ins A2022‑8 s 92
def lessee om A2015‑15 amdt 3.15
def licensed agent sub A2015‑15 amdt 3.16; A2022‑8 s 93
def licensed business agent sub A2022‑8 s 93
def licensed employment agent om A2024‑29 s 15
def licensed land auctioneer ins A2022‑8 s 94
def licensed property agent ins A2022‑8 s 94
def licensed real estate agent sub A2022‑8 s 95
def licensed stock and station agent sub A2022‑8 s 95
def licensed travel agent om A2014‑17 amdt 1.17
def livestock om A2015‑15 amdt 3.17
def non-ACT offence ins A2020‑42 s 10
def owners corporation managing agent ins A2008‑45 amdt 1.7
am A2011‑41 amdt 5.2
om A2015‑15 amdt 3.18
def police certificate ins A2008‑5 s 17
am A2011‑49 amdt 1.2; A2015‑45 amdt 1.1; A2017‑4 amdt 3.11
def register sub A2015‑15 amdt 3.19
def registered sub A2022‑8 s 95
def registered assistant business agent ins A2022‑8 s 96
def registered assistant property agent ins A2022‑8 s 96
def registered assistant real estate agent ins A2022‑8 s 96
def registered assistant stock and station agent ins A2022‑8 s 96
def registered business salesperson om A2022‑8 s 97
def registered real estate salesperson om A2022‑8 s 97
def registered salesperson sub A2008‑36 amdt 1.38
om A2022‑8 s 97
def registered salesperson, for div 4.4 om A2008‑36 amdt 1.38
def registered stock and station salesperson om A2022‑8 s 97
def relevant offence ins A2020‑42 s 10
def salesperson om A2022‑8 s 97
def sexual offence ins A2020‑42 s 10
def stock and station agent service sub A2022‑8 s 98
def stop direction am A2022‑8 s 99
def travel agents board of trustees om A2014‑17 amdt 1.17
def travel agent service om A2014‑17 amdt 1.17
def travel agents trust deed om A2014‑17 amdt 1.17
def trust account om A2015‑15 amdt 3.20
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. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 Nov 20031 Nov 2003‑
19 Apr 2004A2003‑40 new Act R2
20 Apr 200420 Apr 2004‑
29 June 2004A2004‑18 amendments by A2004‑18 R3
30 June 200430 June 2004‑
30 June 2004A2004‑32 amendments by A2004‑32 R4
1 July 20041 July 2004–
23 Feb 2005A2004‑32 amendments by A2003‑40 R5
24 Feb 200524 Feb 2005‑
11 Mar 2005A2005‑5 amendments by A2005‑5 R6
12 Mar 200512 Mar 2005‑
1 June 2005A2005‑11 amendments by A2005‑11 R7
2 June 20052 June 2005‑
1 Nov 2005A2005‑20 amendments by A2005‑20 R8
2 Nov 20052 Nov 2005‑
11 Apr 2007A2005‑20 commenced expiry R9
12 Apr 200712 Apr 2007–
5 Sept 2007A2007‑3 amendments by A2007‑3 R10
6 Sept 20076 Sept 2007–
1 Nov 2007A2007‑22 amendments by A2007‑22 R11
2 Nov 20072 Nov 2007–
30 June 2008A2007‑22 commenced expiry R12
1 July 20081 July 2008–
26 Aug 2008A2008‑5 amendments by A2008‑5 R13
27 Aug 200827 Aug 2008–
1 Feb 2009A2008‑29 amendments by A2008‑29 R14
2 Feb 20092 Feb 2009–
30 June 2009A2008‑45 amendments by A2008‑36, A2008‑37 and A2008‑45 R15
1 July 20091 July 2009–
21 Sept 2009A2008‑45 amendments by A2008‑45 R16
22 Sept 200922 Sept 2009–
21 Dec 2009A2009‑20 amendments by A2009‑20 R17
22 Dec 200922 Dec 2009–
1 July 2010A2009‑44 amendments by A2009‑44 R18
2 July 20102 July 2010–
31 Dec 2010A2009‑44 commenced expiry R19
1 Jan 20111 Jan 2011–
30 June 2011A2010‑54 amendments by A2010‑54 R20
1 July 20111 July 2011–
11 Dec 2011A2011‑22 amendments by A2011‑22 R21
12 Dec 201112 Dec 2011–
29 Mar 2012A2011‑49 amendments by A2011‑49 R22
30 Mar 201230 Mar 2012–
3 Apr 2013A2011‑49 amendments by A2011‑41 R23
4 Apr 20134 Apr 2013–
21 Aug 2013A2013‑11 amendments by A2013‑11 R24
22 Aug 201322 Aug 2013–
24 Nov 2013A2013-28 amendments by A2013-28 R25
25 Nov 201325 Nov 2013–
30 June 2014A2013‑44 amendments by A2013‑44 R26
1 July 20141 July 2014‑
16 Nov 2014A2014‑17 amendments by A2014‑17 R27
17 Nov 201417 Nov 2014‑
9 June 2015A2014-49 amendments by A2014-49 R28
10 June 201510 June 2015‑
13 Oct 2015A2015-15 amendments by A2015-15 R29
14 Oct 201514 Oct 2015–
6 Nov 2015A2015‑33 amendments by A2015‑33 R30
7 Nov 20157 Nov 2015–
31 Dec 2015A2015-45 amendments by A2015-45 R31
1 Jan 20161 Jan 2016–
31 Mar 2016A2015-45 expiry of transitional provisions (pt 21) R32
1 Apr 20161 Apr 2016–
26 Apr 2016A2016-13 amendments by A2016-13 R33
27 Apr 201627 Apr 2016–
8 Mar 2017A2016‑18 amendments by A2016‑18 R34
9 Mar 20179 Mar 2017–
30 Aug 2017A2017-4 amendments by A2017-4 R35
31 Aug 201731 Aug 2017–
26 Feb 2021A2017‑17 amendments by A2017‑17 R36
27 Feb 202127 Feb 2021–
30 June 2022A2020‑42 amendments by A2020‑42 R37
1 July 20221 July 2022–
9 Dec 2022A2022‑8 amendments by A2022‑8 R38
10 Dec 202210 Dec 2022–
11 Apr 2023A2022‑21 amendments by A2022‑21 R39
12 Apr 202312 Apr 2023–
30 June 2023A2023‑13 amendments by A2023‑13 R40
1 July 20231 July 2023–
30 June 2024A2023‑13 expiry of provision (s 75A (2), (4)) R41
1 July 20241 July 2024–
15 July 2024A2023‑13 expiry of provision (s 237C) R41 (RI)
9 July 20241 July 2024–
15 July 2024A2023‑13 reissued for retrospective amendments made by A2024‑29 R42
16 July 202416 July 2024–
8 June 2025A2024‑29 amendments by A2024‑29 R43
9 June 20259 June 2025–
30 June 2025A2025‑13 amendments by A2025‑13
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2025
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