Agents Licensing Regulations 1979 (NT)
NORTHERN TERRITORY OF AUSTRALIA
AGENTS LICENSING regulations 1979
As in force at 25 May 2022
northern territory of australia
As in force at 25 May 2022
AGENTS LICENSING regulations 1979
Regulations under the Agents Licensing Act 1979
These Regulations may be cited as the
These Regulations shall come into operation on a date to be fixed by the Administrator by notice in the
In these Regulations:
(a) if the licensed agent is an individual – the individual’s name; or
(b) if the licensed agent is a firm – the firm name; or
(c) if the licensed agent is a company – the company name.
(a) if the licensed agent conducts business from one registered office – the address of the registered office; or
(b) if the licensed agent conducts business from more than one office – the address of the principal office.
An application for a licence to carry on business as a real estate agent or business agent, or both, or as a conveyancing agent must be accompanied by the following documents:
(a) for an application by an individual:
(i) a testimonial in accordance with regulation 17 for the individual; and
(ii) a document evidencing the identity of the individual in accordance with regulation 17A; and
(iii) a national police certificate for the individual;
(b) for an application by a company:
(i) a testimonial in accordance with regulation 17 for each director of the company (other than a director who is a licensed agent or a registered agent’s representative); and
(ii) a document evidencing the identity of each director mentioned in subparagraph (i) in accordance with regulation 17A; and
(iii) a national police certificate for each director mentioned in subparagraph (i);
(c) for an application by a firm:
(i) a testimonial in accordance with regulation 17 for each partner of the firm (other than a partner who is a licensed agent or a registered agent’s representative); and
(ii) a document evidencing the identity of each partner mentioned in subparagraph (i) in accordance with regulation 17A; and
(iii) a national police certificate for each partner mentioned in subparagraph (i);
(d) a statutory declaration verifying all the statements contained in the application and in accompanying documents that is made by:
(i) if paragraph (a) applies – the individual making the application; or
(ii) if paragraph (b) applies – a director of the company making the application; or
(iii) if paragraph (c) applies – a partner of the firm making the application.
8 Application for registration
An application for registration as an agent’s representative must:
(a) be lodged with the Registrar; and
(b) be accompanied by the following documents:
(i) a testimonial in accordance with regulation 17 for the applicant;
(ii) a document evidencing the identity of the applicant in accordance with regulation 17A;
(iii) a national police certificate for the applicant;
(iv) a statutory declaration made by the applicant verifying all the statements contained in the application and accompanying documents.
Part III Audit of accounting records relating to trusts moneys
Subject to regulation 14, where a person commences to carry on business as a licensed agent during the 3 months immediately preceding 30 June in any year, unless the Board otherwise directs, a reference to the
(1) Where a person ceases to carry on business as a licensed agent he or she shall, within 2 months after the date that he or she so ceases, cause to be audited his or her accounting records relating to trust moneys received and paid by him or her during the period commencing on the date to which those accounting records were last audited or, if they have not previously been audited, the date when the person commenced to carry on business as a licensed agent, and ending on the date when he or she ceased to carry on such business.
(2) Where a person:
(a) who carries on business as a licensed agent; or
(b) who is required, pursuant to subregulation (1), to cause to be audited his or her accounting records relating to trust moneys but has not caused those accounting records to be audited,
dies, his or her personal representative shall, within 2 months after his or her death, cause to be audited that person’s accounting records relating to trust moneys received and paid by him or her during the period commencing on the date to which those accounting records were last audited or, if they have not previously been audited, the date on which he or she commenced to carry on business as a licensed agent, and ending on the date when he or she died or ceased to carry on business as a licensed agent.
(3) The provisions of Division 3 of Part V of the Act, with such alterations or additions as the circumstances may require, apply to and in relation to an audit conducted in pursuance of this regulation.
(4) This regulation does not apply to or in relation to a person who was a licensed agent and who:
(a) was a branch manager, employee or director of a company that is a licensed agent; or
(b) was a branch manager, employee or partner of a firm that is a licensed agent;
where the company or firm has continued to carry on business as a licensed agent after the person ceased to carry on business as a licensed agent or died.
(5) Also, this regulation does not apply to a person if:
(a) the person’s business as a licensed agent is taken over by another person; and
(b) that other person, in complying with Part V, Division 3 of the Act, has an audit of the business accounting records conducted for the period to which this regulation would otherwise apply.
(6) In this regulation, a reference to ceasing to carry on business as a licensed agent extends to ceasing to carry on a part of the business of a licensed agent.
(1) Subject to this regulation, an auditor shall not disclose or give to any other person any information obtained in conducting an audit in pursuance of the Act or these Regulations.
Maximum penalty: 100 penalty units
(2) Subregulation (1) does not apply to or in relation to any information disclosed:
(a) by means of any report made pursuant to the Act or these Regulations;
(b) in or for the purpose of any legal proceedings arising out of such a report or instituted in connection with a trust account of the licensed agent to whom the information relates;
(c) to the Board or a member of the Board; or
(d) with the consent of the person to whom the information relates.
16 Exemption from audit requirements (1) Where, during any period in respect of which a licensed agent is required by a provision of the Act or these Regulations to cause to be audited his or her accounting records relating to trust moneys received and paid by him or her during that period, that provision does not apply to the licensed agent if he or she did not, at any time during the period, receive or hold any trust moneys and the licensed agent, within 2 months after the end of that period makes and delivers to the Board a statutory declaration to that effect.
(2) For the purposes of subregulation (1),
licensed agent includes the personal representative of a licensed agent.
For the purposes of the exemption afforded by section 5B of the Act, the scheme set out in Schedule 3 is a prescribed scheme.
An agent who is an employee of another agent is, for as long as that employment continues, exempt from the requirement to be insured under section 108B(2) of the Act.
(1) For the purposes of these Regulations, a testimonial is to be in the form approved by the Board and shall be signed by a person:
(a) who has known the person to whom the testimonial relates for a period of not less than 12 months; and
(b) who is not a relation of that second-mentioned person; and
(c) who is any of the following:
(i) a person authorised under the
Oaths, Affidavits and Declarations Act 2010 to administer an oath for any purpose;(ii) a justice of the peace;
(iii) a commissioner for declarations appointed by the Attorney-General of the Commonwealth under the
Statutory Declaration Act 1959 of the Commonwealth;(iv) a legal practitioner;
(v) a member of the Northern Territory Police Force;
(vi) a bank manager;
(vii) a Supreme Court Judge or Local Court Judge;
(ix) a notary public;
(x) a registrar as defined in section 3 of the
Local Court Act 2015 ;(xi) an Associate Judge;
(xii) a commissioner for taking affidavits, oaths or declarations in the Supreme Court of a State or Territory;
(xiii) a licensed agent;
(xiv) a person registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student);
(xv) a person registered as a teacher under the
Teachers Registration (Northern Territory) Act 2004 ;(xvi) a person who holds an office, appointment or authority in a State or Territory equivalent to any of those specified in subparagraphs (i) to (xv).
(2) For the purposes of subregulation (1),
relation means:(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece or adopted child of that person or of a spouse or de facto partner of that person; or
(b) a spouse or de facto partner of that person or of any other person specified in paragraph (a).
17A Evidence of identity For these Regulations, a document evidencing a person’s identity is any of the following:
(a) an Australian or overseas passport of the person which is current or expired within 2 years before the date of application;
(b) an Australian photographic driver’s licence of the person which is current or expired within 2 years before the date of application;
(c) other documentation the Board considers to be satisfactory evidence of the person’s identity.
18 Responsibility where licensed agent a company or firm A provision of Part V or XII of the Act or these Regulations that requires a licensed agent to do, or to refrain from doing, an act or to carry out an obligation shall, in the case of a licensed agent which is a company or firm, be read as imposing jointly and severally on:
(a) in the case of a company which is a licensed agent – a licensed agent who is a branch manager, employee or director of the company; or
(b) in the case of a firm which is a licensed agent – a licensed agent who is a branch manager, employee or partner of the firm;
a like requirement to do, or to refrain from doing, the act or to carry out the obligation, as the case may be, in relation to the business of the licensed agent.
(1) On request by any person, the Board, if it is satisfied that:
(a) the person has a sufficient interest in any moneys or securities; and
(b) the moneys or securities are held or ought to be held or have been received by an agent,
may disclose to the person such portion of any report of an auditor, or any statutory declaration, statement or other document delivered to the Board or the Registrar under the Act or these Regulations or in the course of doing anything under the Act or these Regulations as affects or may affect the person.
(2) The Board may, if it thinks fit, permit an auditor engaged by a licensed agent to inspect and make copies of statutory declarations, statements or other documents delivered to the Board or the Registrar under the Act or these Regulations or in the course of doing anything under the Act or these Regulations.
The following are prescribed particulars about a licensed agent for recording in the Register of Licensed Real Estate Agents, the Register of Licensed Business Agents or the Register of Conveyancing Agents:
(a) the date on which the agent’s licence was granted or last renewed;
(b) if the name of the licensed agent is not the name under which the licensed agent carries on business as an agent – the name under which the licensed agent carries on business;
(c) the contact address of the licensed agent;
(d) if the licensed agent is a company or firm – the name of each business manager of the company or firm;
(e) if the licensed agent is a company – the name of each director of the company;
(f) if the licensed agent is a firm – the name of each partner of the firm.
The following are prescribed particulars about a registered agent’s representative for recording in the Register of Agents’ Representatives:
(a) the date on which the certificate of registration of the agent’s representative was issued;
(b) the contact address of the registered agent’s representative;
(c) the following details about the licensed agent by whom the registered agent’s representative is employed:
(i) the name of the licensed agent;
(ii) if the name of the licensed agent is not the name under which the licensed agent carries on business as an agent – the name under which the licensed agent carries on business;
(iii) the office address of the licensed agent.
22 Notification of change in particulars
(1) If either of the following events happen in relation to a licensed agent, the licensed agent must give written notice about the event to the Registrar within the 14 days after the event happens:
(a) the name of the licensed agent changes;
(b) a change occurs in any of the prescribed particulars mentioned in regulation 20(b), (c), (e) or (f).
Maximum penalty: 10 penalty units.
(2) If either of the following events happen in relation to a registered agent’s representative, the registered agent’s representative must give written notice about the event to the Registrar within the 14 days after the event happens:
(a) the registered agent’s representative’s name changes;
(b) a change occurs in any of the prescribed particulars mentioned in regulation 21(b) or (c).
Maximum penalty: 10 penalty units.
(3) A notification of a change of name under this regulation must be accompanied by evidence of the change of name in accordance with subregulation (4).
(4) Evidence of a change of name is:
(a) for a change of an individual’s name:
(i) for a change of name as a result of marriage – a marriage certificate issued by the Registrar of Births, Deaths and Marriages showing the new name; or
(ii) in any other case – a certificate of change of name issued by the Registrar of Births, Deaths and Marriages; or
(iii) other documentation the Board considers to be satisfactory evidence of the change of name; or
(b) for a change of a company name – a certificate of registration issued by ASIC showing the new name; or
(c) for a change of a registered business name – a copy of an entry in the Business Names Register provided by ASIC under section 60 of the
Business Names Registration Act 2011 (Cth) showing the new name; or(d) in any other case – documentation the Board considers to be satisfactory evidence of the change of name.
(5) If a notification under subregulation (1)(b) relates to a new director of a company, the notification must be accompanied by the documents specified in regulation 6(b) for the director.
(6) If a notification under subregulation (1)(b) relates to a new partner of a firm, the notification must be accompanied by the documents specified in regulation 6(c) for the partner.
(7) Subregulations (5) and (6) do not apply if the director or partner is a licensed agent or registered agent’s representative.
An offence of contravening or failing to comply with regulation 15 or 22 is a regulatory offence.
The fees set out in Schedule 2 are prescribed fees for the purposes of the Act.
The following persons and organisations are prescribed for section 64A(1)(a) of the Act:
(a) the Australian Competition and Consumer Commission established under the
Competition and Consumer Act 2010 (Cth);(b) the Australian Securities and Investments Commission continued in existence by the
Australian Securities and Investments Commission Act 2001 of the Commonwealth;(d) the Law Society Northern Territory established by the
Legal Profession Act 2006 ;(e) the Australian Institute of Conveyancers;
(f) Chamber of Commerce Northern Territory.
For section 127(1)(j) of the Act:
(a) the rules of conduct for all agents are as set out in Schedule 4, Part 1; and
(b) additional rules of conduct for conveyancing agents are as set out in Schedule 4, Part 2.
If an inspector reasonably believes a person has committed an infringement offence, the inspector may serve a notice (an
(1) The infringement notice must state the following particulars:
(a) the name and address of the alleged offender, if known;
(b) the date of the infringement notice;
(c) the date, time and place of the infringement offence;
(d) a description of the infringement offence and the prescribed amount payable for the offence;
(e) the enforcement agency, as defined in the
Fines and Penalties (Recovery) Act 2001 , to whom the prescribed amount is payable.
(2) The infringement notice must include a statement to the effect of the following:
(a) the alleged offender may expiate the infringement offence and avoid further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after service of the notice;
(b) the alleged offender may elect under section 21 of the
Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and serving it on the specified enforcement agency;(c) if the alleged offender does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties
(Recovery) Act 2001 including (but not limited to) action for the following:(i) suspension of the alleged offender’s licence to drive;
(ii) seizure of personal property of the alleged offender;
(iii) deduction of an amount from the alleged offender’s wages or salary;
(iv) registration of a statutory charge on land owned by the alleged offender;
(v) making of a community work order for the alleged offender which may result in imprisonment for the alleged offender if the alleged offender breaches the order.
(3) Also, the infringement notice must include the statement of election mentioned in subregulation (2)(b).
If the alleged offender tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.
(1) The Registrar may withdraw the infringement notice by written notice served on the alleged offender.
(2) The notice must be served within 28 days after service of the infringement notice but before payment of the prescribed amount.
(1) This Part does not prejudice or affect the start or continuing of proceedings for an infringement offence unless the offence is expiated.
(2) Also, this Part does not prevent more than one infringement notice for the same infringement offence being served on an alleged offender and, to expiate the offence, it is sufficient for the alleged offender to pay the prescribed amount in accordance with any of the notices.
(3) In addition, this Part does not:
(a) require an infringement notice to be served; and
(b) affect the liability of a person to be prosecuted in a court for an infringement offence for which an infringement notice has not been served.
Schedule 2 Prescribed fees regulation 23
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1 Section 5A of the Act – application to the Board for exemption from provisions of Act (other than as part of grant of restricted licence or certificate) – 230 revenue units.
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2 Section 26(ab) or 27(ab) of the Act – application for the grant of one of the following:
(a) provisional real estate agent’s licence;
(b) provisional business agent’s licence;
(c) real estate agent’s licence;
(d) business agent’s licence.
Licence period of 1 year – 619 revenue units.
Licence period of 3 years – 1 671 revenue units.
Licence period of 5 years – 2 785 revenue units.
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3 Section 26(ab) or 27(ab) of the Act – application for the grant of one of the following:
(a) restricted real estate agent’s licence;
(b) restricted business agent’s licence.
Licence period of 1 year – 620 revenue units.
Licence period of 3 years – 1 674 revenue units.
Licence period of 5 years – 2 790 revenue units.
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4 Section 26(ab) or 27(ab) of the Act – application for the grant of one of the following:
(a) conveyancing agent’s licence;
(b) both provisional real estate agent’s licence and provisional business agent’s licence;
(c) both real estate agent’s licence and business agent’s licence;
(d) both restricted real estate agent’s licence and restricted business agent’s licence.
Licence period of 1 year – 715 revenue units.
Licence period of 3 years – 1 930 revenue units.
Licence period of 5 years – 3 217 revenue units.
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5 Section 32(2)(d) of the Act – application for renewal of one of the following:
(a) provisional real estate agent’s licence;
(b) provisional business agent’s licence;
(c) real estate agent’s licence;
(d) business agent’s licence.
Licence period of 1 year – 619 revenue units.
Licence period of 3 years – 1 671 revenue units.
Licence period of 5 years – 2 785 revenue units.
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6 Section 32(2)(d) of the Act – application for renewal of one of the following:
(a) restricted real estate agent’s licence;
(b) restricted business agent’s licence.
Licence period of 1 year – 620 revenue units.
Licence period of 3 years – 1 674 revenue units.
Licence period of 5 years – 2 790 revenue units.
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7 Section 32(2)(d) of the Act – application for renewal of one of the following:
(a) conveyancing agent’s licence;
(b) both provisional real estate agent’s licence and provisional business agent’s licence;
(c) both real estate agent’s licence and business agent’s licence;
(d) both restricted real estate agent’s licence and restricted business agent’s licence.
Licence period of 1 year – 715 revenue units.
Licence period of 3 years – 1 930 revenue units.
Licence period of 5 years – 3 217 revenue units.
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8 Section 41(1) of the Act – registration as an agent’s representative and issue of certificate of registration:
(a) restricted registration – 135 revenue units or 1/12th of that amount for each whole month for which the certificate is issued for the period between the date of registration and the date on which the annual fee is payable; or
(b) registration (unrestricted) – 153 revenue units or 1/12th of that amount for each whole month for which the certificate is issued for the period between the date of registration and the date on which the annual fee is payable.
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9 Section 43A of the Act – annual fee for registered agent’s representative:
(a) restricted registration – 135 revenue units; or
(b) registration (unrestricted) – 153 revenue units.
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10 Section 81(7) of the Act – copy of transcript of evidence at an inquiry held by the Board:
(a) $8 per page; or
(b) 34 revenue units per disk.
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regulation 16A
1. In this Schedule:
(a) a corporation under the
Unit Titles Act 1975 ; or(b) a body corporate under the
Unit Title Schemes Act 2009 .
(a) a corporation manager under the
Unit Titles Act 1975 ; or(b) a body corporate manager under the
Unit Title Schemes Act 2009 .
2. Notwithstanding section 50 of the Act, section 35(1) of the
SCHEME 1
3. An account opened pursuant to Scheme 1:
(a) shall only contain money of corporations;
(b) shall be operated so that, on any one day, a notional credit or deficit for each corporation may be readily ascertained;
(c) shall be operated so that, in respect of each corporation, the crediting or paying of interest in accordance with the instructions of the corporation can be readily checked by the Board; and
(d) shall be operated under a name approved by the Board.
4. An account opened pursuant to Scheme 1 shall first be audited one month after it is opened and then at intervals of not more than 6 months or such longer periods as may be authorized by the Board.
5. Surplus money in an account opened pursuant to Scheme 1 may be invested in such manner as trust funds may be invested under the
SCHEME 2
6. An account opened pursuant to Scheme 2 shall be operated so that on any one day, a notional credit for each corporation may be readily ascertained.
7. Interest from an account opened pursuant to Scheme 2 shall be paid to the Fund.
regulation 25
Part 1 – General Rules
1. An agent must not advise the agent’s client on matters in which the agent is not trained or qualified.
2. An agent must advise the agent’s client to seek advice from a solicitor who specialises in conveyancing concerning the appropriate course of action where, in a transaction, there are substantial legal complexities.
3. An agent must not give an undertaking without the approval of the agent’s client and must fulfil all conditions of an undertaking given in the course of a transaction to another agent or to a solicitor.
4. An agent must, in the investigation of a matter that may be grounds for revocation of a licence under section 68 of the Act or that may be the subject of an inquiry to be held by the Board, co-operate with the Board, the Registrar, an inspector and the Commissioner of Police.
5. Subject to any other specific rules of conduct, a real estate or business agent must have due regard to and comply with:
(a) rules of real estate practice published or approved by the Real Estate Institute of the Northern Territory; and
(b) guidelines concerning fair trading practices issued by the Trade Practices Commission.
6. In a transaction for the purchase and sale of land, an agent must not act in the capacity of conveyancer for the buyer of the land, whether or not for reward, if:
(a) the agent acted for the seller of the land in the capacity of a real estate agent; or
(b) the agent has a financial connection with the real estate agent involved in the transaction.
7. An agent must ensure that the agent has a thorough knowledge of the practices and procedures of government offices relevant to transactions in which the agent may be involved with a client, in addition to a knowledge of the Act, the regulations, these rules and other relevant legislation as in force from time to time.
8. An agent must not breach any provision of the Act or the regulations.
9. An agent must not, except where required to do so under a law of the Territory, use any material or information acquired by the agent in the course of acting for a client in a manner that is prejudicial to the interests of the client without the client’s consent.
10. An agent must perform the agent’s duties to a client and carry out the lawful instructions of the client.
11. An agent must exercise due skill, care and diligence in carrying out the agent’s duties on behalf of a client.
12. An agent must exercise due skill, care and diligence when dealing with any person in the course of conducting business as an agent.
13. An agent who has an interest in, or is likely to obtain an interest in, a transaction entered into on behalf of a client, must disclose the exact nature of the interest to the client.
14. An agent must disclose to a client all material facts and circumstances of everything known to the agent regarding the matter in respect of which the agent is authorised to act as the client’s agent.
15. If an agent is of the opinion that a price or other consideration that the client is prepared to accept on the sale of a property may be less than the fair market value of the property, the agent must inform the client of that opinion.
16. An agent must not, except where required to do so under a law of the Territory, disclose without the client’s consent, any information related to the affairs of a client obtained by the agent while acting as the client’s agent.
17. An agent must not publish an advertisement or other statement that the agent is authorised to sell, or otherwise deal with property without the written authorisation of the owner of the property.
18. An agent must not publish an advertisement or other statement that the agent is authorised to sell property at a price that is higher or lower than the price the client has authorised in writing.
19. An agent must not publish an advertisement or other statement that is false, misleading or likely to deceive a person.
20. An agent must not accept or demand a fee or other payment from a person other than the agent’s client in respect of a service performed or to be performed by the agent for a client, being a service in respect of which the agent has received or is entitled to receive payment from the client.
Part 2 – Additional Rules applicable to Conveyancing Agents
1. A conveyancing agent shall strictly observe promises and duties in relation to the interest of his or her client and shall be aware that the agent’s obligation to his or her client is one of the utmost good faith that requires the agent not to put his or her duty to the client in conflict or in likelihood of conflict with his or her own interests or the interests of any other person.
2. A conveyancing agent shall perform his or her duties in a diligent and conscientious manner with proper regard to the relationship of principal and agent due to his or her client.
3. A conveyancing agent may advertise his or her professional qualifications and services but shall not compete for business with another agent or solicitor so that the client may become liable for 2 fees in respect of the same matter.
4. Subject to any other specific rules of conduct, a conveyancing agent shall have due regard to and comply with:
(a) guidelines as to good conveyancing practices issued from time to time by the Board;
(b) professional conduct rules as they relate to good conveyancing practice issued by the Law Society Northern Territory.
5. A conveyancing agent shall not carry on a business of a finance broker, being a person who, as agent and in the course of the agent’s business, negotiates or arranges a loan of money for or on behalf of another person.
6. A conveyancing agent shall, at the same time as the agent presents to the client a form of appointment for signature in accordance with clause 1(1) of Part 2 of the Schedule to the Act, provide a bona fide quote of the cost of the services to be rendered in respect of the particular transaction for which the appointment is to be made. The amount of the cost shall be based on a fair and reasonable fee for the service at the prevailing rate in the Territory.
7. A conveyancing agent shall ensure that the agent, or a partner or employee of a firm of which the agent is a member does not act for 2 or more parties with conflicting interests in a transaction unless the agent has given notice in writing to all parties to a transaction that the agent is acting for more than one party and that their interests may not be the same. Where a conflict arises between the parties for whom the agent is acting, the agent has an obligation to cease to act for either of them and shall give advice that the parties obtain alternative advice. The agent is entitled to charge a proportional fee until the time when he or she ceased to act for the parties.
8. A conveyancing agent shall, in the interest of a client, co-operate with and, where possible, assist, other persons involved in a transaction. In this rule:
9. A conveyancing agent shall be responsible for the supervision and control of the persons, whether or not licensed conveyancing agents, engaged in the conduct of the agent’s business and for that purpose:
(a) where the licensee of the business is a natural person – the conveyancing agent; or
(b) where the licensee of the business is a firm or a body corporate – the principals or the directors who are conveyancing agents,
shall spend sufficient time at the office where the business is transacted:
(c) to enable supervision of a person conducting the business; and
(d) to ensure satisfactory completion of each transaction.
regulation 3, definitions
Sections 47, 48, 51, 56, 119, 120 and 125 | 1 penalty unit |
Sections 65E(5) and 121A | 2 penalty units |
Regulation 22 | 1 penalty unit |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 2 November 1979 |
Commenced | 9 November 1979 ( |
Notified | 11 July 1980 |
Commenced | 11 July 1980 |
Assent date | 28 November 1983 |
Commenced | 1 January 1984 (s 2, s 2 |
Notified | 14 March 1984 |
Commenced | 14 March 1984 |
Assent date | 25 June 1991 |
Commenced | 25 June 1991 |
Notified | 10 July 1991 |
Commenced | 1 January 1992 (r 2, s 2 |
Notified | 5 August 1992 |
Commenced | 10 August 1992 (r 2, s 2 |
Notified | 9 December 1992 |
Commenced | 1 February 1993 (r 1, s 2 |
Assent date | 31 December 1993 |
Commenced | 1 June 1994 (s 2, s 2 |
Notified | 19 December 1996 |
Commenced | 19 December 1996 |
Assent date | 30 November 1999 |
Commenced | 30 November 1999 |
Notified | 15 November 2000 |
Commenced | 15 November 2000 |
Notified | 10 April 2002 |
Commenced | 10 April 2002 |
Assent date | 7 June 2002 |
Commenced | 7 June 2002 |
Assent date | 13 September 2002 |
Commenced | 30 October 2002 ( |
Assent date | 13 September 2002 |
Commenced | 6 November 2002 (s 2, s 2 |
Assent date | 7 January 2004 |
Commenced | 17 March 2004 ( |
Notified | 23 March 2005 |
Commenced | 23 March 2005 |
Assent date | 14 December 2005 |
Commenced | 14 December 2005 |
Assent date | 17 May 2007 |
Commenced | s 10: 1 July 2007; rem: 17 May 2007 ( |
Notified | 26 September 2007 |
Commenced | 26 September 2007 |
Assent date | 11 March 2008 |
Commenced | 11 March 2008 |
Assent date | 30 June 2008 |
Commenced | pt 1, ss 3, 12(1), 18 and 19: 1 January 2008; ss 7, 10 and 11(1): 6 May 2008; rem: 1 July 2008 (s 2) |
Assent date | 26 May 2009 |
Commenced | pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C): 1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2, |
Notified | 14 December 2009 |
Commenced | 1 January 2010 (r 2) |
Assent date | 18 November 2010 |
Commenced | 1 March 2011 (s 2, s 2 |
Assent date | 8 December 2010 |
Commenced | 1 January 2011 ( |
Assent date | 27 April 2012 |
Commenced | pts 3 and 4: 28 May 2012 (proclamation F2012L00891: 19 April 2012); rem: 27 April 2012 (s 2) |
Assent date | 22 May 2012 |
Commenced | 1 July 2012 (s 2) |
Notified | 1 August 2013 |
Commenced | 1 August 2013 |
Assent date | 6 April 2016 |
Commenced | 1 May 2016 (s 2, s 2 |
Assent date | 10 May 2016 |
Commenced | 1 July 2016 ( |
Notified | 2 August 2016 |
Commenced | 2 August 2016 |
Assent date | 5 September 2017 |
Commenced | 22 November 2017 ( |
Notified | 25 September 2019 |
Commenced | 25 September 2019 |
Assent date | 6 November 2019 |
Commenced | pts 2 and 3: 11 December 2019 ( |
Assent date | 14 April 2022 |
Commenced | pt 7: nc; rem: 25 May 2022 ( |
3 SAVINGS AND TRANSITIONAL PROVISIONS
r 13
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
5 LIST OF AMENDMENTS
r 1 sub No. 41, 1992, r 3
r 3 amd No. 69, 1992, r 3
sub No. 31, 2007, r 3
amd Act No. 8, 2012, s 30; Act No. 12, 2016, s 32; No. 24, 2019, r 4
pt II
div 1 hdg amd No. 53, 2000, r 1
rep Act No. 5, 2022, s 31
r 4 amd No. 41, 1992, r 11
rep No. 53, 2000, r 2
r 5 amd No. 53, 2000, r 3
rep Act No. 5, 2022, s 31
pt II
div 2 hdg sub No. 31, 2007, r 4
r 6 amd No. 41, 1992, r 11; No. 53, 2000, r 4
sub No. 31, 2007, r 4
amd Act No. 12, 2016, s 33
r 6A ins No. 41, 1992, r 4
amd No. 69, 1992, r 4
rep No. 31, 2007, r 4
r 7 rep No. 53, 2000, r 5
ins No. 31, 2007, r 4
rep Act No. 5, 2022, s 31
r 8 sub No. 53, 2000, r 5; No. 31, 2007, r 4
amd Act No. 12, 2016, s 34; Act No. 5, 2022, s 32
pt II
div 3 hdg sub No. 31, 2007, r 4
rep Act No. 5, 2022, s 33
r 9 amd No. 25, 1980; No. 41, 1992, rr 5 and 11; No. 61, 1996, r 2; Act No. 52, 1999, s 5
sub No. 31, 2007, r 4
rep No. 24, 2019, r 5
rr 9A – 9C ins No. 61, 1996, r 3
rep No. 31, 2007, r 4
r 10 amd No. 41, 1992, r 11; No. 61, 1996, r 4
sub No. 31, 2007, r 4; No. 24, 2019, r 5
rep Act No. 5, 2022, s 33
rr 10AA –
10AB ins No. 61, 1996, r 6
rep No. 31, 2007, r 4
r 10AC ins No. 61, 1996, r 6
amd Act No. 47, 2002, s 6
rep No. 31, 2007, r 4
pt II
div 3A hdg ins No. 36, 1991, r 3
rep No. 31, 2007, r 4
r 10A ins No. 36, 1991, r 3
amd No. 1, 2002
rep No. 31, 2007, r 4
pt II
div 4 hdg rep Act No. 5, 2022, s 33
r 11 amd No. 41, 1992, r 11
rep Act No. 5, 2022, s 33
r 12 amd No. 69, 1992, r 5
rep Act No. 5, 2022, s 33
r 14 amd No. 69, 1992, r 6; No. 31, 2007, rr 5 and 20
r 15 amd No. 31, 2007, r 6
r 16 amd No. 31, 2007, r 20
r 16A amd No. 36, 1991, r 4
pt IIIA hdg ins No. 36, 1991, r 5
sub No. 31, 2007, r 7
r 16B ins No. 36, 1991, r 5
sub No. 31, 2007, r 7
r 16C ins No. 36, 1991, r 5
amd No. 69, 1992, r 7
rep No. 31, 2007, r 7
r 16D ins No. 36, 1991, r 5
rep No. 31, 2007, r 7
r 17 amd No. 53, 2000, r 6; Act No. 1, 2004, s 63; Act No. 44, 2005, s 35; Act No. 7, 2007, s 16; No. 31, 2007, r 8; Act No. 40, 2010, s 202; Act No. 17, 2012, s 55; Act No. 8, 2016, s 45; Act No. 18, 2017, s 36
r 17A ins No. 31, 2007, r 9
r 18 amd No. 69, 1992, r 8; No. 31, 2007, r 10
r 20 amd No. 41, 1992, r 11
sub No. 31, 2007, r 11
amd Act No. 6, 2008, s 4
r 21 sub No. 31, 2007, r 11
amd Act No. 6, 2008, s 4
r 22 sub No. 31, 2007, r 11
amd Act No. 8, 2012, s 30
r 22A ins Act No. 68, 1983, s 140
amd No. 69, 1992, r 9; No. 31, 2007, r 20
r 24 sub No. 69, 1992, r 10
amd No. 31, 2007, r 20
rep Act No. 5, 2022, s 33
r 24A ins No. 6, 2005
amd Act No. 7, 2007, s 16; Act No. 41, 2010, s 30
r 25 rep Act No. 31, 1991, s 15
ins No. 41, 1992, r 6
amd Act No. 33, 2019, s 21
pt V hdg ins No. 31, 2007, r 12
rr 26 – 30 ins No. 31, 2007, r 12
sch 1 amd No. 41, 1992, rr 7 and 11; No. 69, 1992, r 11; Act No. 84, 1993, s 6; No. 53, 2000, r 7; No. 31, 2007, rr 13 and 20; Act No. 23, 2008, s 21; Act No. 14, 2009, s 180
rep Act No. 5, 2022, s 33
sch 2 amd No. 4, 1984
sub No. 36, 1991, r 6
amd No. 41, 1992, r 8
sub No. 69, 1992, r 12; No. 31, 2007, r 14; No. 34, 2009, r 4
amd No. 30, 2013, r 3
sub Act No. 12, 2016, s 35
amd No. 37, 2016, r 3; No. 24, 2019, r 6
sch 3 ins No. 36, 1991, r 7
amd No. 41, 1992, rr 9 and 11; Act No. 38, 2002, s 7; Act No. 14, 2009, s 181
sch 4 ins No. 41, 1992, r 10
amd Act No. 18, 2002, s 7; Act No. 33, 2019, s 22
sch 4A ins No. 31, 2007, r 15
rep No. 24, 2019, r 7
sch 4B ins No. 31, 2007, r 15
amd Act No. 23, 2008, s 21
rep No. 24, 2019, r 7
sch 5 ins No. 61, 1996, r 6
amd No. 31, 2007, r 16; Act No. 23, 2008, s 21; Act No. 14, 2009, s 182
rep No. 24, 2019, r 7
sch 6 ins No. 61, 1996, r 6
rep No. 31, 2007, r 17
sch 7 ins No. 61, 1996, r 6
sub No. 31, 2007, r 18; No. 24, 2019, r 7
rep Act No. 5, 2022, s 33
ssch 8 ins No. 31, 2007, r 19
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