Agents Amendment Regulations 2004 (No 1) (ACT)

Agents Amendment Regulations 2004 (No 1)

Subordinate Law SL2004-49

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

Dated 9 September 2004.

Jon Stanhope

Minister

Simon Corbell

Minister

Agents Amendment Regulations 2004 (No 1)

Subordinate Law SL2004-49

made under the

Agents Act 2003

1. Name of regulations

   These regulations are the Agents Amendment Regulations 2004 (No 1).

2. Commencement

   These regulations commence on the day after their notification day.

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

3. Legislation amended

   These regulations amend the Agents Regulations 2003.

4. New regulation 7A

   insert

7ALicence conditions, Act s 34 (1) (a)

(1)It is a condition of a licence that the licensee satisfy the relevant requirements for continuing professional development set out in the guidelines under subregulation (2).

(2)The commissioner for fair trading may, in writing, make guidelines for continuing professional development for licensees.

(3)A guideline under subregulation (2) is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

1. New regulation 8A

   in part 3, insert

8AEligibility for registration, Act s 49 (2)—unqualified real estate salespeople

(1)This regulation applies to an unqualified real estate salesperson who—

(a)works under the direct supervision of a licensed real estate agent; and

(b)is enrolled in a course of study that leads to the issue of a statement of attainment, or qualification, mentioned in regulation 9 (1) for registration as a real estate salesperson.

(2)The commissioner for fair trading may register the person as a real estate salesperson on condition that—

(a)the registration ends if any of the circumstances mentioned in subregulation (1) change; and

(b)if the person’s registration is renewed—the period of renewal, and the earlier period or periods of registration, would not be more than 2 years in total.

NoteRegistration is for a period of no more than 1 year (see Act, s 59).

(3)This regulation does not apply to a person to whom any of the following provisions apply:

(a)the Act, section 185 (Employees need not have qualifications for 2 years);

(b)regulation 19 (Eligibility for registration, Act s 49—unregistered employees before commencement day);

(c)regulation 20 (Eligibility for registration, Act s 49—new employees on and after commencement day).

1. Regulation 9 (1)

   omit

   (1)A person has the qualifications for a position mentioned in subregulation (2)

   substitute

   A person has the qualifications for a position as a salesperson

2. Regulation 9 (2)

   omit

3. New regulation 10A

   insert

10ARegistration conditions, Act s 58 (1) (a)

(1)It is a condition of registration that a registered person satisfy the relevant requirements for continuing professional development set out in the guidelines under subregulation (2).

(2)The commissioner for fair trading may, in writing, make guidelines for continuing professional development for registered people.

(3)A guideline under subregulation (2) is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

1. New regulation 20A

   insert

20AEligibility for registration, Act s 49 (2)—certain unqualified real estate salespeople

(1)This regulation applies to an unqualified real estate salesperson if—

(a)the person is employed by a licensed real estate agent to provide commercial real estate agent services to a single customer; and

(b)the employer carries on business as a real estate agent only for the customer; and

(c)both the employer and the customer are corporations; and

(d)the employer is, under the Corporations Act—

(i)a subsidiary of the customer; or

(ii)related to the customer; or

(iii)an entity associated with the customer.

(2)The commissioner for fair trading may register the person as a real estate salesperson on condition that the registration ends on the earlier of the following:

(a)when any of the circumstances mentioned in subregulation (1) change;

(b)31 May 2005.

(3)This regulation does not apply to a person to whom any of the following provisions apply:

(a)the Act, section 185 (Employees need not have qualifications for 2 years);

(b)regulation 8A (Eligibility for registration, Act s 49 (2)—unqualified real estate salespeople);

(c)regulation 19 (Eligibility for registration, Act s 49—unregistered employees before commencement day);

(d)regulation 20 (Eligibility for registration, Act s 49—new employees on and after commencement day).

(4)In this regulation:

commercial real estate agent service means a real estate agent service that does not relate to residential property.

residential property—see the Civil Law (Sale of Residential Property) Act 2003, section 8.

1. Dictionary, new definition of unqualified real estate salesperson

   insert

   unqualified real estate salesperson means a person—

   (a)to whom the Act, section 49 (1) (a) and (c) applies; and

   (b)who does not have the qualifications prescribed under the Act, section 50.

   NoteRegulation 9 prescribes qualifications for registration as a salesperson.

Endnotes

1. Notification

   Notified under the Legislation Act on 13 September 2004.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2004