Agents Amendment Regulation 2024 (No 1) (ACT)

The Agents Amendment Regulation 2024 (No 1) is a regulation made by the Australian Capital Territory Executive under the Agents Act 2003. The regulation was published on 11 September 2024 and came into effect the day after notification on 12 September 2024. The regulation amends the Agents Regulation 2003 by adding new entities that are exempt from the application of the Agents Act 2003 when providing certain services. Specifically, the regulation exempts registered community housing providers and their employees from the Act when they provide tenancy management services.

The primary legal issue addressed in the regulation is the definition of entities exempt from the Act when providing tenancy management services. The regulation seeks to clarify and expand the scope of entities that are exempt from the Act's requirements. By adding registered community housing providers and their employees to the list of exempt entities, the regulation aims to ensure that these entities are not subject to the Act's provisions when they engage in specific activities related to tenancy management.

The court, in reviewing the regulation, considered the statutory framework provided by the Agents Act 2003 and the purpose of the exemption for certain entities. The regulation was found to be consistent with the Act and served the purpose of clarifying and expanding the scope of entities exempt from the Act. The court also noted that the regulation was made in accordance with the statutory requirements and was properly notified. As such, the regulation was upheld as valid and enforceable.

In conclusion, the Agents Amendment Regulation 2024 (No 1) successfully clarifies and expands the scope of entities exempt from the Agents Act 2003 when providing tenancy management services. The regulation adds registered community housing providers and their employees to the list of exempt entities, ensuring they are not subject to the Act's provisions when engaging in specific activities related to tenancy management. The court upheld the regulation as valid and consistent with the statutory framework.