Agents Amendment Regulation 2009 (No 1) (ACT)

Agents Amendment Regulation 2009 (No 1)

Subordinate Law SL2009-34

The Australian Capital Territory Executive makes the following regulation under the Agents Act 2003.

Dated 23 June 2009.

Simon Corbell

Minister

Katy Gallagher

Minister

Agents Amendment Regulation 2009 (No 1)

Subordinate Law SL2009-34

made under the

Agents Act 2003

1. Name of regulation

   This regulation is the Agents Amendment Regulation 2009 (No 1).

2. Commencement

   This regulation commences on 1 July 2009.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Agents Regulation 2003.

4. New section 5D

   in part 1, insert

5DAct, s 28, s 29 (1) and s 45 do not apply in relation to owners corporation managing agent––Act, s 6 (l)

(1)The Act, section 28 (Advertising intended licence applications) and section 29 (1) (Licence applications) do not apply to a person applying for a real estate agents licence to only act as an owners corporation managing agent.

(2)The Act, section 45 (Real estate salespeople must be registered) does not apply to a person employed by a licensed real estate agent if––

(a)the person only provides services in relation to the management of an owners corporation; or

(b)the real estate agent is licensed to only act as an owners corporation managing agent.

1. New section 6 (4A)

   insert

   (4A)A person has the qualifications for a real estate agents licence to only act as an owners corporation managing agent if the person has the skills, knowledge and experience appropriate for acting as an owners corporation managing agent.

2. New part 8

   insert

Part 8Transitional—Unit Titles Amendment Act 2008 (No 2)

1. Owners corporation managing agents––Act, s 220 (1)

   (1)This section applies if––

   (a)a person applies under the Act, section 29 (Licence applications), for a real estate agents licence to only act as an owners corporation managing agent (whether or not the application includes the police certificates requested under the Act, section 29 (2) (b)); and

   (b)the application is made before 1 January 2010.

   (2)The person is taken to hold a real estate agents licence until the commissioner for fair trading decides the application (whether or not the decision is to issue the licence).

   (3)The licence is taken to be subject to the condition that the licensee only act as an owners corporation managing agent.

2. Expiry—pt 8

   This part expires on 1 January 2010.

3. Dictionary, note 3

   insert

   ·     licensed real estate agent

   ·     owners corporation managing agent

Endnotes

1. Notification

   Notified under the Legislation Act on 30 June 2009.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2009