Agents Amendment Regulation 2022 (No 1) (ACT)

Agents Amendment Regulation 2022 (No 1)

Subordinate Law SL2022-10

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

Dated 28 June 2022.

Andrew Barr

Chief Minister

Shane Rattenbury

Minister

Agents Amendment Regulation 2022 (No 1)

Subordinate Law SL2022-10

made under the

Agents Act 2003

1. Name of regulation

   This regulation is the Agents Amendment Regulation 2022 (No 1).

2. Commencement

   This regulation commences on 1 July 2022.

   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. Section 5C

   substitute

5CEntities to which Act does not apply—Act, s 6 (l)

(1)The following entities are prescribed:

(a)Community Housing Canberra Ltd ABN 46 081 354 752 when carrying on business as a real estate agent in relation to managing a community housing asset as a registered community housing provider;

(b)Havelock Housing Association Incorporated ABN 47 119 833 407;

(c)YWCA Canberra ABN 48 008 389 151;

(d)a person who provides a real estate agent service as an employee of an entity mentioned in—

(i)paragraph (a) to the extent that the person provides or offers to provide the service when managing a community housing asset; or

(ii)paragraph (b) or (c).

(2)In this section:

community housing asset—see the Community Housing Providers National Law (ACT), section 4 (1).

registered community housing provider—see the Community Housing Providers National Law (ACT), section 4 (1).

NoteThe Community Housing Providers National Law (ACT) Act 2013, s 7 applies the Community Housing Providers National Law set out in the appendix to the Community Housing Providers (Adoption of National Law) Act 2012 (NSW), as if it were a territory law referred to as the Community Housing Providers National Law (ACT).

1. Section 7A (1)

   omit

   guidelines under subsection (2)

   substitute

   guideline under subsection (2) that applies to the agent, within the period set out in the guideline

2. Section 10A (1)

   omit

   guidelines under subsection (2)

   substitute

   guideline under subsection (2) that applies to the person, within the period set out in the guideline

3. New section 10AA

   insert

10AARegistration conditions—additional qualifications required after registration—Act, s 58 (1) (a)

(1)It is a condition of registration that a registered assistant property agent must—

(a)complete an additional qualification declared by the commissioner for fair trading, that applies to the agent, within the period set out in the declaration; or

(b)complete, or have completed, a qualification that the commissioner for fair trading is satisfied is higher than, equivalent to or substantially equivalent to the additional qualification declared under paragraph (a).

(2)A declaration is a disallowable instrument.

(3)In this section:

complete an additional qualification—a registered assistant property agent completes an additional qualification if a registered training organisation issues the agent with a statement of attainment or qualification, confirming that the agent has satisfied the requirements of the additional qualification.

Endnotes

1. Notification

   Notified under the Legislation Act on 29 June 2022.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2022