Auctioneers and Agents Act Amendment Act 1988 (Qld)

129 QneeYtstanb ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE ®22 of An Act to amend the Auctioneers and Agents Act 1971-1985 in certain particulars and for other purposes [ ASSENTED TO 1 1TH APRIL, 1988]

130 Auctioneers and Agents Act Amendment Act 1988, No. 22 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Auctioneers and Agents Act Amendment Act 1988. (2) In this Act, the Auctioneers and Agents Act 1971-1985 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Auctioneers and Agents Act 1971-1988. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Amendment of long title . The Principal Act is amended by omitting the words "and Motor Dealers" and substituting the words ", Motor Dealers and Body Corporate ( Building Units and Group Titles) Managers". 4. Amendment of s. 3 . Division of Act . Section 3 of the Principal Act is amended by- (a) omitting from the expression "PART V-AUCTIONEERS, REAL ESTATE AGENTS, COMMERCIAL AGENTS AND MOTOR DEALERS ( SECTIONS 34-81);" the words "AND MOTOR DEALERS" and substituting the words ", MOTOR DEALERS AND BODY CORPORATE ( BUILDING UNITS AND GROUP TITLES) MANAGERS"; (b) inserting after the expression " Division 4 -Motor Dealers ( sections 54-61);" the expression " Division 4A-Body Corporate Managers ( sections 61A-61c):"; (c) inserting after the expression " Division 1-Trust Accounts (sections 82-92);" the expression " Division lA-Body Corporate Managers' Accounts ( sections 92A-92i);". 5. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by inserting after the term "Auctioneer " and its meaning the following term and meaning:- "Body corporate manager" - A person ( whether or not he carries on any other business) who, for reward ( whether monetary or otherwise ), exercises or performs any function of a secretary or treasurer of a body corporate within the meaning of the Building Units and GroupTitles Act1980-1988: The term does not include a person who exercises or performs any of those functions whose annual reward therefor does not exceed in value the prescribed amount;".

Auctioneers and Agents Act Amendment Act 1988, No. 22 131 6. Amendment of s. 13A. Appeals from Committee . Section 13A of the Principal Act is amended by inserting in subsection (5) after the word "Court" the words "shall have jurisdiction to hear and determine the appeal and". 7. Amendment of s. 14. No person to act without a licence. Section 14 of the Principal Act is amended in subsection (4) by inserting after provision (c) the following expression and words:- 44. (d) shall act as a body corporate manager unless he is the holder of a body corporate (building units and group titles) manager's licence". 8. Amendment of s. 14A. Corporation licence. Section 14A of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from the definition "licence" the words "or a motor dealer's licence" and substituting the words a motor dealer's licence or a body corporate (building units and group titles) manager's licence"; (ii) omitting from the definition "relevant business" the words "or a motor dealer" and substituting the words ", a motor dealer or a body corporate manager"; (b) omitting from subsection (2) the words "or a motor dealer" and substituting the words ", a motor dealer or a body corporate manager"; (c) in subsection (3)- (i) omitting from paragraph (c) (i) the words "or motor dealer" and substituting the words motor dealer or body corporate manager"; (ii) omitting from paragraph (d) (i) the words "or motor dealer" and substituting the words ", motor dealer or body corporate manager"; (d) omitting from subsection (4) (b) the words "or a motor dealer" and substituting the words a motor dealer or a body corporate manager"; (e) omitting from subsection (7) the words "or motor dealer" and the words "or motor dealer in" and substituting the words ", motor dealer or body corporate manager" and the words motor dealer or body corporate manager in" respectively. 9. Amendment of s. 14B. Person deemed to act as licensee . Section 14B of the Principal Act is amended by omitting the words "or a motor dealer" and substituting the words ", a motor dealer or a body corporate manager".

132 Auctioneers and Agents Act Amendment Act 1988, No. 22 10. Amendment of s. 14c. Licensee to be in charge of principal place of business . Section 14c of the Principal Act is amended by- (a) omitting from subsection (1) the words "or a motor dealer" and substituting the words "a motor dealer or a body corporate manager"; (b) omitting from subsection (2) (a) the words "or motor dealer" and substituting the words "motor dealer or body corporate manager". 11. Amendment of s. 15. Each separate place of business to be in th e charge of licensee or licensed manager. Section 15 of the Principal Act is amended by- (a) inserting after subsection (2) the following subsection:- "(2A) The person in charge of each place where the business of a licensed body corporate manager is carried on shall be the holder of a body corporate (building units and group titles) manager's licence."; (b) inserting in subsection (3A) (a) after the expression "(2) (a)" the words ", (2A)"; (c) inserting in subsection (3B) (a) after the expression "(2) (a)" the words ", (2A)". 12. Amendment of s. 16. Classes of licences . Section 16 of the Principal Act is amended by- (a) omitting from subsection O1 the expression "." appearing at the end of the subsection and substituting the words "; or (f) a body corporate (building units and group titles ) manager's licence."; (b) in subsection (4), omitting from paragraph (a) the words "or a motor dealer's licence" and substituting the words ", a motor dealer's licence or a body corporate (building units and group titles) manager's licence". 13. Amendment of s. 17. Application for licence . Section 17 of the Principal Act is amended in subsection (4) by inserting in paragraph (b) after the words "a motor dealer" the words ", a body corporate manager". 14. Amendment of s. 21. Fees for licences. Section 21 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting provision (f) and substituting the following provision:- "()) for a body corporate (building units and group titles) manager's licence;"; (ii) adding at the end thereof the following paragraphs:- "The fees prescribed in respect of a real estate agent's licence and a body corporate (building units and group titles) manager's

Auctioneers and Agents Act Amendment Act 1988, No. 22 133 licence may vary according as to whether an applicant for or holder of one of those licences is the applicant for or holder of the other of those licences. The fees prescribed in respect of an auctioneer's licence and any one or more of a real estate agent's licence, a commercial agent's licence and a motor dealer's licence may vary according as to whether an applicant for or holder of an auctioneer's licence is the applicant for or holder of one or more of the other licences."; (b) in subsection (4), inserting in paragraph (b) before the words "the prescribed contribution" the words "except in the case of an application for the renewal or restoration of a body corporate (building units and group titles) manager's licence,"; (c) in subsection (6), inserting in paragraph (b) before the words "the prescribed contribution" the words "except in the case of an application for the renewal or restoration of a body corporate (building units and group titles) manager's licence,". 15. New s. 24. The Principal Act is amended by inserting after section 23 the following section:- "24. Body corporate manager to notify body corporate upon ceasing to hold licence . A body corporate manager who ceases to hold a body corporate (building units and group titles) manager's licence shall, save where a substitute licensee is appointed, forthwith give notice in writing to each body corporate in respect of which he was, immediately before he ceased to be a licensee, the body corporate manager.". 16. Amendment of heading . The Principal Act is amended by omitting the heading occurring after section 33 and substituting the following heading:- "PART V-AUCTIONEERS, REAL ESTATE AGENTS, COMMERCIAL AGENTS, MOTOR DEALERS AND BODY CORPORATE (BUILDING UNITS AND GROUP TITLES) MANAGERS". 17. Amendment of s. 42. Real estate agents' licences . Section 42 of the Principal Act is amended in subsection (2) by omitting the words "managing agent" and the expression "1980-1984" where it twice occurs and substituting the words "body corporate manager" and the expression "1980-1988" in each case respectively. 18. New Division 4A. The Principal Act is amended by inserting after section 61 the following heading and sections:- "Division 4A-Body Corporate Managers 61A. Body corporate manager ' s licences . (1) A body corporate (building units and group titles) manager's licence or the renewal or restoration of a body corporate (building units and group

134 Auctioneers and Agents Act Amendment Act 1988, No. 22 titles) manager's licence shall not be granted to an individual who- (a) is not resident in Queensland or within 65 kilometres of the boundary of Queensland; (b) has not attained the age of 21 years; (c) is not of good fame and character; (d) does not have business premises complying with the prescribed requirements (if any); (e) is not a fit and proper person to hold such a licence; or (f) does not hold the prescribed qualifications. (2) For the purposes of paragraph (f) of subsection (1), a person holds the prescribed qualifications if- (a) he has completed to the satisfaction of the Committee such written examination as is , from time to time, set by the Committee or he has been exempted from such examination by the Minister on the recommendation of the Committee; and (b) he has complied with such educational or other qualifications as are prescribed or he has been exempted from compliance by the Committee. 61B. Code of Professional Conduct of Body Corporate Managers . (1) The Committee may, from time to time, as a guide to the standard of professional conduct expected of body corporate managers compile a Code of Professional Conduct of Building Units and Group Title Body Corporate Managers. (2) Such a Code shall be submitted to the Governor in Council and, on approval, be published in the Gazette. (3) The production in any proceedings of a copy of the Gazette containing a Code of Professional Conduct of Building Unit and Group Title Managers shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the compiling of the Code by the Committee, the approval of the Governor in Council thereto and of the matters contained in the Code. 61c. Proceedings as to commission , etc. Subject to this Act, a person shall not be entitled to sue for, receive or retain any fee, charge, commission, reward or other remuneration for any service performed by him as a body corporate manager unless he was the holder ofa body corporate (building units and group titles) manager's licence at the time of performing the service.". 19. Amendment of s. 74. Appointment of substitute licensee. Section 74 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from paragraph (a) the words "or a motor dealer" and substituting the words "a motor dealer or a body corporate manager";

Auctioneers and Agents Act Amendment Act 1988, No. 22 135 (ii) omitting from paragraph (b) the words "or a motor dealer" where they twice occur and substituting the words "a motor dealer or a body corporate manager" in each case; (iii) omitting from paragraph (c) the words "or a motor dealer" and the words "or motor dealer" and substituting the words "a motor dealer or a body corporate manager" and the words ", motor dealer or body corporate manager" respectively; (b) omitting from subsection (4) the words "or motor dealer" and substituting the words "motor dealer or body corporate manager"; (c) in subsection (6)- (i) omitting the words "or a motor dealer" and substituting the words "a motor dealer or a body corporate manager"; (ii) omitting the words "or motor dealer" where they twice occur and substituting the words "motor dealer or body corporate manager"; in each case. 20. Amendment of s. 75. Death of licensee . Section 75 of the Principal Act is amended by omitting from subsection (1) the words "or a motor dealer" and substituting the words "a motor dealer or a body corporate manager". 21. Amendment of s. 76. Effect of disqualification on membership of corporation or partnership . Section 76 of the Principal Act is amended by omitting from subsection (1) the words "or a motor dealer" and substituting the words ", a motor dealer or a body corporate manager". 22. Amendment of s. 80 . Registered office and address. Section 80 of the Principal Act is amended by omitting from subsection (2) the words "shall shall" and substituting the word "shall". 23. Amendment of s. 81. Publication of name of licensee . Section 81 of the Principal Act is amended in subsection (4) by omitting the words "or a motor dealer" and substituting the words "a motor dealer or a body corporate manager". 24. Amendment of s. 81B. Grounds for exercise of disciplinary powers against licensed or registered individual . Section 81B of the Principal Act is amended by inserting in provision (c) after the word "fraudulently" where it twice occurs the words "or improperly" in each case. 25. Amendment of s. 81j. Committee to give reasons . Section 811 of the Principal Act is amended by omitting from subsection (1) the word "refered" and substituting the word "referred". 26. Amendment of s. 83. Application of trust moneys. Section 83 of the Principal Act is amended in subsection (5) by omitting from the end of the first paragraph the expression ":" and substituting the expression ".".

136 Auctioneers and Agents Act Amendment Act 1988, No. 22 27. Amendment of s. 90 . Inspection, audit, etc ., by registrar or inspector . Section 90 of the Principal Act is amended by inserting in subsection (6) (aa) after the word "excuse" the words "(proof of which shall lie on him)". 28. New heading and ss. 92A and 92B. The Principal Act is amended by adding after section 92 the following heading and sections:- "Division IA-Body Corporate Managers' Accounts 92A. Wrongful conversion and false accounts. A body corporate manager who- (a) fraudulently converts to his own use any moneys received by him in his capacity as a body corporate manager; or (b) fraudulently renders any account of any moneys received by him in his capacity as a body corporate manager or of the application of those moneys, knowing the same to be false in any material particular, commits a crime and shall be liable upon conviction upon indictment to imprisonment with hard labour for a period of five years or to a fine of 200 penalty units or to both such imprisonment and fine. 92B. Appointment of auditors . (1) Each- (a) individual who makes application for a body corporate (building units and group titles) manager's licence (other than for the renewal of a licence) on his own behalf and not as an employee of any other person shall forward to the registrar with his application; and (b) corporation that makes application for a corporation licence (being a body corporate (building units and group titles) manager's licence) shall forward to the registrar with its application, a notification of the name and address of a person registered as a public accountant under the Public Accountants Registration Act 1946-1975 (hereinafter referred to as the "auditor") who has been appointed by the applicant to audit the accounts to be kept by that licensee or applicant in his or its capacity as body corporate manager. (2) A notification of appointment of an auditor referred to in subsection (1) shall be endorsed by the public accountant named therein with a statement that he will accept the appointment if the application for the licence is granted. (3) If an auditor resigns his appointment or if the licensee terminates the appointment- (a) each of them shall immediately notify the registrar of the resignation or, as the case may be, the

Auctioneers and Agents Act Amendment Act 1988, No. 22 137 termination of the appointment, and of the reasons for resigning or terminating the appointment; and (b) the licensee shall, within one month after the resignation or termination of the appointment takes effect, forward to the registrar a notification (endorsed in accordance with subsection (2)) of the name and address of another auditor appointed by him for the purposes of this Act.". 29. New ss. 92c, 92D and 92E. The Principal Act is amended by inserting after section 92B the following sections:- "92c. Remote localities . Notwithstanding the provisions of section 92B, the Minister may, in a case where, owing to the remoteness of the locality or for other good cause, he considers it desirable to do so, approve of the appointment as an auditor pursuant to section 92B of a person whom he considers to be competent whereupon, for the purposes of this division the expression "auditor" shall be read and construed as including that person. 92D. Audit of accounts under sole control of body corporate manager. (1) In this section "appointed day" means in respect of a body corporate (building units and group titles) manager's licence the last day of the eighth month after the month in which the licence was granted and the same day of the same month in each subsequent year or, on application by the licensee or proposed licensee, such other month as the registrar may specify by written notice given to the licensee. (2) A licensed body corporate manager shall within two months after the appointed day in each year, or within such abridged or extended time after that day as the registrar may, from time to time, generally direct by notification in the Gazette (of which every licensee shall be deemed to have notice) or direct in any particular case by written notice given to the licensee- (a) cause those accounts that are liable to audit for the whole or, as the case may be, any part of the period of 12 months next immediately preceding the appointed day during which he has been a licensed body corporate manager to be audited by the auditor; (b) obtain from the auditor a report of the result of that audit; (c) obtain from the auditor a statement that the auditor has, in addition to his audit as referred to in paragraph (a), made- (i) where he has been a licensee for the full period of 12 months referred to in paragraph (a), two unscheduled examinations during that period;

138 Auctioneers and Agents Act Amendment Act 1988, No. 22 or (ii) where he has been a licensee for more than six months of that period but not the full period, one unscheduled examination during that period, of the accounts that are liable to audit, together with a statement of the result of each examination; and (d) lodge such report and statement with the registrar. (3) The operation of the provisions of sections 23 and 24 of The Criminal Code are excluded in respect of a breach by a licensed body corporate manager of the duty to lodge with the registrar a report of the result of the audit of the accounts that are liable to audit. (4) Where a licensed body corporate manager is charged with an offence relating to a failure to lodge with the registrar a report of the result of the audit of the accounts that are liable to audit, it is immaterial that the act or omission which constituted the offence occurred without his authority or contrary to his instructions. (5) Where an auditor- (a) is unable to certify that any account has been properly kept and is in order and correct; or (b) upon an unscheduled examination of any accounts is of opinion that there is some irregularity in respect of an account or accounts that ought to be brought to the notice of the registrar, he shall advise the registrar of that fact. (6) Where an auditor is of opinion that, to enable him to determine whether any of the accounts that are liable to audit have been properly kept and are in order and correct, it is necessary or desirable that he should be permitted to examine any other account or accounts of the body corporate manager, he may request the body corporate manager to produce for his examination the other account or accounts and, if the request is not complied with, the auditor shall forthwith advise the registrar of that fact. (7) Where a licensed body corporate manager ceases for any reason to be so licensed or ceases to carry on business or act as a body corporate manager, he shall, within two months thereafter- (a) cause the accounts that are liable to audit to be audited by the auditor for the whole of the period from the date up to which those accounts were last audited pursuant to subsection (1), or, where no such audit has been performed, for the whole of the period from the date on which he commenced to act or

Auctioneers and Agents Act Amendment Act 1988, No. 22 139 carry on business as a licensed body corporate manager, to the date of his so ceasing; (b) obtain from the auditor a report of the result of the audit; and (c) lodge that report with the registrar. 92E. Inspection , audit etc ., by registrar or inspector . (1) The registrar or an inspector, or a person appointed in that behalf by the Minister, may at any time and from time to time require a body corporate manager, a partner or executive officer of a body corporate manager or any person employed by or apparently employed by a body corporate manager- (a) to produce for his inspection, examination or audit- (i) all books, accounts, records and documents (including all authorities and orders to banks or other financial institutions) relating to the accounts that are liable to audit of a body corporate manager or such of those books, accounts, records and documents as he may specify; (ii) all agreements and other documents in the possession or control of the body corporate manager in connexion with the business as a body corporate manager or such contracts, agreements or documents as he may specify; (b) to attend before him at a time and place named; (c) to answer any question or supply any information with respect to any book, account, document, writing, record or agreement referred to in paragraph (a) or any entry therein. (2) The registrar, an inspector or the person so appointed by the Minister may require- (a) a person to produce at any time and from time to time any book, account, document, writing, record or agreement relating to a body corporate (building units and group titles) manager's licence that is in his possession, custody or control; (b) any person to attend before him at a time and place named, and to answer questions or supply information with respect to any book, account, document, writing, record or agreement relating to a body corporate manager's business or with respect to any entry therein. (3) The registrar, an inspector or the person so appointed by the Minister may inspect, examine and audit any book, account, document, writing, record or agreement referred to in subsection (1) or (2) and may take such notes or 'copies of or extracts therefrom as he considers necessary.

140 Auctioneers and Agents Act Amendment Act 1988, No. 22 (4) Where the registrar, an inspector or the person so appointed by the Minister, considers it necessary to do so for the purpose of obtaining evidence for production in possible subsequent proceedings against any licensed body corporate manager for an offence committed against this Act or any other Act, he may impound or retain any book, account, document, writing, record or agreement inspected by him in pursuance of subsection (3) but the person entitled thereto shall, in lieu thereof, be entitled within a reasonable time to a copy certified as correct by the person impounding or retaining it, and such certified copy shah be received in all courts as evidence of and as of equal validity to the original. (5) Any book, account, document, writing, record or agreement impounded or retained under subsection (4) may be detained for such period as the person who impounded the same thinks fit and, where any proceedings are commenced for the purpose of which such book, account, document, writing, record or agreement was impounded or retained, shall be detained until the final determination of those proceedings including any appeal in the matter of those proceedings. (6) The provisions of section 90 (5A), (6), (7), (8) and (10) apply as if those provisions were part of this section in respect of a body corporate manager and the business of a body corporate manager. (7) For the purposes of this section "licensed body corporate manager" includes a person whose body corporate (building units and group titles) manager's licence has expired or has been cancelled or surrendered and any person (not being the holder of a body corporate (building units and group titles) manager's licence) who acts as or, in relation to whom a Justice of the Peace is satisfied that the registrar has reasonable grounds for believing that the person acts as a body corporate manager.". 30. New ss. 92F, 92G, 92H and 921 . The Principal Act is amended by inserting after section 92E the following sections:- "92F. Duties of bank managers . The provisions of section 91 apply in respect of a licensee who is a licensed body corporate manager and for that purpose- references to "trust moneys" shall be construed as references to "moneys held on behalf of or in the name of a body corporate incorporated by the operation of the Building Units and Groups Titles Act 1980 the accounts of which are accounts that are liable to audit; references to "a trust account (referred to in section 83 (1))" shall be construed as references to an account maintained by the body corporate manager which account is an account that is liable to audit. 92G. Entries in body corporate manager's books deemed made by him. Every entry in a book kept by or belonging to a

Auctioneers and Agents Act Amendment Act 1988, No. 22 141 body corporate manager or found in his premises shall be deemed, until the contrary is shown, to have been made by or with the authority of the body corporate manager. 92H. Accounts that are liable to audit . For the purposes of this division "accounts that are liable to audit" means those accounts wherever held that are held in the name of or on behalf of a body corporate to which this division applies where those accounts are solely in the control of a body corporate manager. For the purpose of determining whether accounts are solely in the control of a body corporate manager, it is immaterial that the body corporate or a member of the body corporate has the power to direct the body corporate manager as to the operation of the accounts or that a member of the body corporate is a signatory of a body corporate banking account. 921. Application of division to body corporate . Where a body corporate incorporated by the operation of the Building Unitsand Group Titles Act 1980- (a) has appointed pursuant to that Act a body corporate manager who is a licensed body corporate manager; and (b) has resolved by special resolution (within the meaning of that Act) that this division shall apply to the body corporate, this division shall apply to that body corporate upon the giving to the registrar a notice in the prescribed form together with a copy of the resolution and the prescribed fee until there is given to the registrar a notice of withdrawal in the prescribed form together with a copy of a special resolution of the body corporate resolving that this division shall no longer apply to the body corporate.". 31. Amendment of s. 94. Contributions to Fund. Section 94 of the Principal Act is amended by- (a) omitting from subsection (1) the word "Registrar" and substituting the word "registrar"; (b) omitting from subsection (2) the word "Registrar" and substituting the word "registrar"; (c) adding at the end thereof the following subsection:- "(4) On or before 21 April and 21 October in each year, each licensed body corporate manager shall lodge a prescribed return with the registrar and shall pay to the registrar as a contribution to the Fund an amount equal to the product of the amount prescribed for that purpose and a number equal to the aggregate of the lots on all relevant plans. For the purposes of this subsection, in respect of a body corporate manager, a plan is a relevant plan if, on the last day

142 Auctioneers and Agents Act Amendment Act 1988, No. 22 of the month immediately preceding the month in which the return is required to be lodged with the registrar- (a) it is a building units plan or group titles plan under the Building Units and Group Titles Act 1980; (b) the body corporate manager is the body corporate manager in respect of the body corporate constituted by the registration of that plan under the BuildingUnits and Group Titles Act 1980; and (c) there is an account held in the name of or on behalf of that body corporate which the body corporate manager is or would be required in accordance with division 1A to have audited by his auditor. The amount paid by a licensed body corporate manager in accordance with this subsection shall be in lieu of the contribution to the Fund required to be paid pursuant to subsection (1). A licensed body corporate manager may recover from a body corporate an amount that bears to the contribution made by him under this subsection the same proportion that the number of lots on the relevant plan bears to the total number of lots upon which the contribution was determined.". 32. Amendment of s. 98. Application of Fund. Section 98 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "or" occurring after paragraph (c); (ii) adding after paragraph (d) the following expression and words:- or 66. (e) the stealing or fraudulent misappropriation or misapplication after the commencement of section 32 of the Auctioneersand Agents Act Amendment Act 1988 by a prescribed person of money entrusted to a licensee being a body corporate manager which money forms part or should have formed part of an account that is or was liable to audit by the auditor of a body corporate manager under this Act"; (b) inserting in subsection (5) after the words "a motor dealer" the words ", a body corporate manager"; (c) adding at the end thereof the following subsection:- "(7) Notwithstanding subsections (1) and (5), a claim shall not be had against the Fund by a body corporate incorporated by the operation of the Building Units and Group Titles Act 1980 that suffers a loss referred to in subsection (1) (e) where the body corporate manager concerned is or was at the material time not the holder of a body corporate (building units and group titles) manager's licence unless the body corporate shows that it had reasonable grounds to believe that he did hold such a licence.".

Auctioneers and Agents Act Amendment Act 1988, No. 22 143 33. Amendment of s. 103A. Directors to compensate Fund . Section 103A of the Principal Act is amended by omitting the words "or a motor dealer" and substituting the words ", a motor dealer or a body corporate manager". 34. New s. 106A . The Principal Act is amended by inserting after section 106 the following section:- "106A . Application of s. 106 to accounts of body corporate managers . The provisions of section 106 apply in respect of moneys that form part of an account that is liable to audit by the auditor of a body corporate manager under this Act and for that purpose the term "trust moneys" includes moneys in respect of which, by virtue of this section those provisions apply.". 35. Amendment of s. 108 . Appointment of receiver in certain cases. Section 108 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:- "(a) that any defalcation has been or may have been committed in relation to- (i) any trust account of any licensee; or (ii) any account that is or was liable to audit by the auditor of a body corporate manager under this Act;". 36. Amendment of s. 1260. Pastoral house corporation licence. Section 126E of the Principal Act is amended by inserting in subsection (2) (d) after the words "agent's licence" the words ", a manager ' s (real estate agency) licence". 37. Amendment of s. 126c . Licensed pastoral house may act as real estate agent and auctioneer . Section 126c of the Principal Act is amended in paragraph (b) by omitting provision (iii) and substituting the following provision:- "(iii) auctioning plant, machinery, furniture and other items situated on rural land.". 38. Amendment of s. 126x. Holder of pastoral house auctioneer's licence may act as auctioneer . Section 1261 of the Principal Act is amended by omitting the word "licenced" and substituting the word "licensed". 39. Amendment of s. 127. Proof that a person is or is not licensed. Section 127 of the Principal Act is amended by omitting the words "or a motor dealer" and substituting the words "a motor dealer or a body corporate manager". 40. Amendment of s. 128. Civil remedies not affected . Section 128 of the Principal Act is amended by omitting the words "or a motor dealer" and substituting the words "a motor dealer or a body corporate manager".

144 Auctioneers and Agents Act Amendment Act 1988, No. 22 41. Amendment of s. 129. Offences by corporations . Section 129 of the Principal Act is amended by omitting the words "or motor dealers" and substituting the words "motor dealers or body corporate managers". 42. Amendment of s. 130A. Service of documents . Section 130A of the Principal Act is amended by omitting from subsection (1) (a) the word "requisition" and substituting the words "complaint, summons". 43. Amendment of s. 131. Regulations . Section 131 of the Principal Act is amended by omitting from subsection (1) (iii) the words `against licensees" and the words "section 22 of". 44. Transitional . The provisions of sections 14 (4) (d), 15 and 61c of the Principal Act as amended by this Act do not apply in respect of a person whose appointment as a body corporate manager by a body corporate incorporated by the operation of the Building Units and GroupTitles Act 1980 was made before the commencement of this section until- (a) he ceases to hold that appointment; (b) the expiration of six months from that commencement; or (c) he obtains a body corporate (building units and group titles) manager's licence, whichever shall first occur.