Auctioneers and Agents (Amendment) Act 1967 (NSW)
AUCTIONEERS AND AGENTS (AMENDMENT) ACT.
ANNO SEXTO DECIMO
ELIZABETHE II REGINE
Act No. 84, 1967.
An Act to make further provisions relating to the licensing of auctioneers, stock and station agents and real estate agents and the registration of real estate salesmen; to provide for the registration of trainee auctioneers, stock and station salesmen and business salesmen; to provide for the appointment in certain circumstances of a receiver of certain property of licensees under the Auctioneers, Stock and Station, Real Estate and Business Agents Act, 1941-1965; to repeal the provisions of that Act relating to business subagents; for these and other purposes to amend that Act and certain other Acts; and for purposes connected therewith. [Assented to, 18th December, 1967.]
BE
BE it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as
follows :—
1. (1) This Act may be cited as the "Auctioneers and Agents (Amendment) Act, 1967".
(2) The Auctioneers, Stock and Station, Real Estate and Business Agents Act, 1941-1965, is in this Act referred to as the Principal Act.
(3) The Auctioneers, Stock and Station and Real Estate Agents Act, 1941, as amended by subsequent Acts and by this Act, may be cited as the Auctioneers and Agents Act, 1941-1967.
(4) The Public Accountants Registration Act, 1945, as amended by subsequent Acts and by this Act, may be cited as the Public Accountants Registration Act, 1945-1967.
(5) Except as otherwise expressly provided, the
several provisions of this Act shall commence upon the day
upon which the assent of Her Majesty to this Act is signified.
(6) The several provisions of this Act—
(a) specified in column 1 of Part I of the Schedule to this Act shall commence upon the date specified opposite thereto in column 2 of that Part; and (b) specified in Part II of the Schedule to this Act shall commence upon such day or days as may be respectively appointed by the Governor in respect
thereof and notified by proclamation published in the Gazette.
2. (1) As on and from the commencement of this section—
(a)
the name of the body corporate referred to in section six of the Principal Act shall be the "Council of Auctioneers and Agents";
(b)
(b)
a reference in any Act or other instrument to the Council of the Auctioneers, Stock and Station Agents, Real Estate Agents and Business Agents shall be read and construed as a reference to the Council of Auctioneers and Agents.
(2) The alteration of name effected by subsection one of this section shall not affect any property, powers, rights, authorities, duties, functions, liabilities or obligations of the body corporate referred to in section six of the Principal Act or render defective any legal or other proceedings instituted or to be instituted by or against the said body corporate.
(3) Any legal or other proceedings may be continued or commenced by or against the body corporate by the name of the Council of Auctioneers and Agents that might have been continued or commenced by or against the body corporate by the name of the Council of the Auctioneers, Stock and Station Agents, Real Estate Agents and Business Agents.
(4) The Principal Act is amended—
(a) by omitting from the matter relating to Part II in section two the words " T H E COUNCIL OF THE AUCTIONEERS, STOCK AND STATION AGENTS, REAL ESTATE AGENTS AND BUSINESS AGENTS" and by
inserting in lieu thereof the words " T H E COUNCIL
OF AUCTIONEERS AND AGENTS";
(b)
by omitting from the definition of "Council" in subsection one of section three the words "the
Auctioneers, Stock and Station Agents, Real Estate Agents and Business Agents" and by inserting in lieu thereof the words "Auctioneers and Agents";
(c) by omitting the heading to Part II and by inserting in lieu thereof the heading " T H E COUNCIL OF AUCTIONEERS AND AGENTS";
(d)
(d) by omitting from subsection three of section six the words " 'The Council of the Auctioneers, Stock and Station Agents, Real Estate Agents and Business Agents.' " and by inserting in lieu thereof the words "the 'Council of Auctioneers and Agents'.".
Nothing in this Act shall prejudice or affect in any way the continuity of the body corporate referred to in section six of the Principal Act and it shall continue notwithstanding the provisions of this Act.
3.
The Principal Act is further amended—
(a) (i) by omitting from the matter relating to Part IV in section two the words "REAL ESTATE DEALERS AND REAL ESTATE SALESMEN" and by inserting in lieu thereof the words "REAL ESTATE DEALERS, REAL ESTATE SALESMEN, TRAINEE AUCTIONEERS, BUSINESS SALESMEN AND STOCK AND STATION SALESMEN" ; (ii) by inserting in the matter relating to Division 3 of the same Part after the words "Real Estate Salesmen" the words ", Trainee Auctioneers, Business Salesmen and Stock and Station Salesmen"; (iii) by omitting the matter relating to Part VI in the same section and by inserting in lieu
thereof the following matter :— PART VI.—AUCTIONEERS AND AGENTS FIDELITY GUARANTEE FUND—ss. 6 5 -
83Y.
DIVISION 1.—General—ss. 6 5 - 8 3 . DIVISION 2.—Receivers, etc.—ss. 8 3 A -
83Y.
(b)
(b) (i) by omitting from the definition of "Business agent" in subsection one of section three the words "hotel businesses, residential businesses, boarding-house businesses, storekeeping busi nesses, manufacturing businesses or any trading businesses whatsoever or any share or interest in or concerning or the goodwill of or any stocks connected with any such busi nesses" and by inserting in lieu thereof the words "businesses or professional practices or any share or interest in or concerning or the goodwill of or any stocks connected with businesses or professional practices";
(ii) by inserting in the same subsection next before the definition of "Council" the following new definition :—
"Chattel auctioneer" means an auctioneer who acts as an auctioneer only in respect of goods, not being live stock, farm produce as defined in subsection one of section forty-four of this Act, raw wool or such other goods as may be prescribed.
(iii) by inserting in the same subsection next after the definition of "Employee" the following new definition :—•
"Fund" means the Auctioneers and Agents
Fidelity Guarantee Fund established by
section sixty-five of this Act. (iv) by inserting in the same subsection next after the definition of "Live stock" the following new definitions :—
"Moneys" includes an instrument for the payment of money in any case where the instrument may be paid into a bank.
"Moneys
"Moneys received for or on behalf of any person" includes moneys held for or on behalf of any person, whether originally received for or on his behalf or not.
(v) by inserting in the same subsection next after the definition of "Prescribed" the following new definition :—
"Proclaimed area" means—
(a) the area that consists of the Metropolitan Police District, the Liverpool Police District, the Parramatta Police District and the Ryde Police District and any other area that is added to that firstmentioned area by a proclamation made under subsection four of this section; or (b) any area, not being an area that is so added, that is declared by a proclamation made under subsection four of this section to be a proclaimed area.
(vi) by omitting paragraphs (a) and (b) of the definition of "Real estate agent" in the same subsection and by inserting in lieu thereof the following paragraphs :—
(a) the sale, purchase, exchange, letting or
taking on lease of land (including a lot within the meaning of the Conveyanc ing (Strata Titles) Act, 1961, as amended by subsequent Acts) or the sale, purchase or exchange of shares in a company the holding of which entitles the holder to possession of premises; or
(b)
the collection of rents payable in respect of any lease or letting of land,
but
P8611S—33
but does not include a person who carries on business as such an agent in respect of land used for agricultural or pastoral purposes.
(vii) by inserting in the same subsection next after the definition of "Stock and station agent" the following new definition :—
"Superintendent of licenses" means the person for the time being holding office as superintendent of licenses under subsection (1B) of section one hundred and nineteen of the Liquor Act, 1912, as amended by subsequent Acts.
(viii) by inserting next after subsection two of the same section the following new subsections :—
(3) Where a person carries on business—
(a)
as a business agent and also carries on business as an agent for the collection of instalments of principal or interest payable under bills of sale given in respect of businesses or professional practices or under contracts for the sale on terms of businesses or profes sional practices, a reference in this Act to any such person acting as, or carry ing on the business of, a business agent includes a reference to that person carrying on business as an agent for the collection of those instalments;
(b) as a real estate agent and also carries
on— (i) business as an agent for the collection of instalments of principal or interest payable under mortgages of land or under contracts for the sale on terms of land; or
(ii) the business of arranging for the erection of buildings for or on behalf of other persons,
a
a reference in this Act to any such person acting as, or carrying on the business of, a real estate agent includes a reference to that person carrying on business as an agent for the collection of those instalments or to that person carrying on the business of so arrang ing for the erection of buildings; or
(c) as a stock and station agent and also carries on business as an agent for the collection of instalments of principal or interest payable under mortgages of land used for agricultural or pastoral purposes or under contracts for the sale on terms of any such land, a reference in this Act to any such person acting as, or carrying on the business of a stock and station agent includes a reference to that person carrying on business as an agent for the collection of those instalments. (4) The Governor may, by proclamation published in the Gazette—
(a)
add any area to the proclaimed area referred to in paragraph (a) of the definition of "Proclaimed area" in subsection one of this section; or
(b)
declare any area to be a proclaimed area for the purposes of this Act.
(5) The Governor may in like manner vary or revoke any such proclamation. (6) The Governor may, in relation to a proclaimed area, from time to time, by procla mation published in the Gazette, specify the courts of petty sessions that shall have juris diction under the provisions of Division 1 of Part III, sections thirty-nine and fifty-two and Division 3 of Part IV, of this Act within that proclaimed area.
(7)
(7) The Governor may, in like manner, vary or revoke any such proclamation.
( 8 ) Where— (a)
the situation of the registered office or proposed registered office of a licensee or applicant for a license, not being a business subagent's license; or
(b)
the registered address of a business subagent, real estate salesman, trainee auctioneer, business salesman or stock and station salesman or the place of residence of the applicant for a business subagent's license or the proposed registered address of the applicant for registration under this Act as a real estate salesman, trainee auctioneer, business salesman or stock and station salesman or the registered place of business of a real estate dealer,
is—
(c)
within a proclaimed area, the court of petty sessions specified in a proclama tion under subsection six of this section in relation to that proclaimed area or, where more than one court of petty sessions has been so specified, the court of petty sessions so specified
that is nearest to the registered office, proposed registered office, registered address, place of residence, proposed registered address or registered place of business, as the case may be, shall have the jurisdiction conferred on a court of petty sessions under the provisions of Division 1 of Part III, sections thirty-nine and fifty-two and Division 3 of Part IV, of this Act; and
(d)
(d)
outside a proclaimed area, the court of petty sessions nearest to the registered office, proposed registered office, registered address, place of residence, proposed registered address or regis tered place of business, as the case may be, shall have that jurisdiction.
(c)
by omitting from paragraph (a) of subsection two of section four the words "one month" and by inserting in lieu thereof the words "three months".
5. The Principal Act is further amended—
(a) by omitting section seven;
(b) (i) by omitting from subsection one of section
eight the words "On and from the first day ofJuly, one thousand nine hundred and fifty-
word "The"; eight, the" and by inserting in lieu thereof the (ii) by omitting subparagraph (i) of paragraph (b) of subsection two of the same section and by inserting in lieu thereof the following subparagraphs :—
(i) two shall be auctioneers, other than chattel auctioneers;
(ia) one shall be a chattel auctioneer;
(iii)
(iii) by omitting subparagraph (i) of paragraph (a) of subsection four of the same section and by inserting in lieu thereof the following subparagraphs :—
(i) auctioneers, other than chattel
auctioneers;
(ia) chattel auctioneers;
(iv) by omitting subparagraph (i) of paragraph (b) of the same subsection and by inserting in lieu thereof the following subparagraphs :—
(i) on the roll of auctioneers, other than chattel auctioneers, if he holds an auctioneer's license, other than a chattel auctioneer's license;
(ia) on the roll of chattel auctioneers, if he holds a chattel auctioneer's license;
(v) by inserting in subparagraph (i) of paragraph (c) of the same subsection after the word "auctioneer" the words ", not being a chattel auctioneer";
(vi) by inserting in the same subparagraph after the word "auctioneers" the words ", other than chattel auctioneers";
(vii) by inserting next after the same subparagraph
the following new subparagraph :— (ia) as a chattel auctioneer—unless his name is on the roll of chattel auctioneers;
(viii) by omitting from paragraph (e) of the same subsection the words "two members" where firstly occurring and by inserting in lieu thereof the words "one member";
(ix)
(ix) by inserting in the same paragraph after the words "member of the council." where firstly occurring the following new paragraph :—
The persons whose names are on the roll of chattel auctioneers shall elect one member of the council.
(c) by omitting from paragraph (c) of section nine the word "council" where secondly occurring and by inserting in lieu thereof the word "Minister"; (d ) ( i ) by omitting subsection one of section twelve;
(ii) by omitting subsection three of the same section and by inserting in lieu thereof the following subsection :— (3) A deputy appointed under subsection two of this section shall, while he is acting as a deputy, have the like powers, authorities, duties and functions as the official member.
(e) ( i) by inserting in subsection one of section seventeen after the word "registrar" the words ", deputy registrar";
(ii) by inserting next after subsection two of the same section the following new subsections :—
(3) The registrar may, by an instrument in
writing under his hand, delegate all or any
of his powers or functions under this Act
deputy registrar who, when acting in (except this power of delegation) to the pursuance of any such delegation, shall be
deemed to be the registrar.(4) A delegation by the registrar under this section—
(a)
shall not prevent the registrar from exercising any power or function under this Act ; and
(b) may be revoked at any time by the
registrar. (f) (f)
by inserting next after section nineteen the following new section: —
19A. (1) The accounts and funds of the council shall be audited by the Auditor-General who shall have in respect thereof all the powers conferred on him by any law from time to time in force relating to the audit of public accounts.
(2) The Audit Act, 1902, and any Act amending that Act apply to members of the council in the same manner as they apply to accounting officers in public departments.
6. The Principal Act is further amended—
(a) (i) by omitting from subsection one of section
twenty the word "No" and by inserting in lieu
thereof the words "Subject to this Act, n o " ;(ii) by omitting from subsection three of the same section the words "carry on" where firstly occurring and by inserting in lieu thereof the words "act as or carry on or advertise, notify or state that it acts as or carries on or is willing
to act as or carry on" ;
(b)
(i)
by inserting at the end of subparagraph (iv) of paragraph (a) of subsection two of section twenty-two the following word and new subparagraph :—
;o r
(v) a chattel auctioneer's license which shall be in force for all parts of New South Wales.
(ii)
(ii) by inserting in paragraph (b) of the same subsection after the words "general license" the words "or a chattel auctioneer's license";
(iii) by inserting at the end of the same subsection the following new paragraphs :—
(c) The holder of a chattel auctioneer's license and a corporation that has taken out a chattel auctioneer's license in respect of an employee shall not act as an auctioneer in respect of any estate in land or goods, being live stock, farm produce as defined in subsec tion one of section forty-four of this Act, raw wool or such other goods as may be prescribed.
(d) A person is not entitled to take out or hold, and a corporation is not entitled to take out or hold in respect of an employee or different employees, a chattel auctioneer's license as well as any other auctioneer's license.
(iv) by omitting paragraph (c) of subsection four of the same section and by inserting in lieu thereof the following paragraph : —
(c) The holder of a license who desires to
surrender the license may by instrument inwriting so notify the registrar and may deliver the license to the registrar. The registrar shall, upon receipt of the notification and license, endorse on the license the word "surrendered" and record in the register kept by him under subsection two of section thirty of this Act the fact that the license has been surrendered.
(c)
(c) ( i) by omitting from subsection one of section
twenty-three the words "in triplicate";
(ii) by inserting at the end of subsection two of the same section the following new paragraphs :—
(c) be lodged with the registrar; and
(d) be accompanied by the prescribed fees and, except where the application is for a business subagent's license, the prescribed contribution.
(iii) by omitting subsections three, four and five of the same section and by inserting in lieu thereof the following subsections :—
(3) Upon receipt of an application for the grant or the renewal of a license, the registrar shall forward particulars of the application to the superintendent of licenses.
(4 ) The council may inquire into, and the superintendent of licenses, upon receipt of the particulars, shall inquire into and report to the council upon—
(a) where the applicant is an individual—
the fame and character of the
applicant;
(b ) where the applicant is a corporation be held by the corporation on its own behalf or in respect of an employee— the fame and character of the directors and the secretary of the corporation and whether the corporation is a fit and proper person to hold a license on its own behalf or in respect of an employee; and and the application is for a license, to
(c)
(c)
where the applicant is a corporation and the application is for a license, to be held by the corporation in respect of an employee—the fame and character of the employee.
(iv) by omitting paragraph (a) of subsection six of the same section and by inserting in lieu thereof the following paragraph :—
(a ) Where an application is made by the licensee for the renewal of the license held by him, the registrar shall, if—
(i) he is satisfied that the applicant is not precluded by reason of any other provision of this Act from being granted the renewal; and
(ii) the renewal of the license is not issued on or before the date of expiry of the license,
issue to the licensee a provisional license.
Any such provisional license shall take effect, or be deemed to have taken effect, as the case may require, from the date of expiry of the license.
(v) by inserting in paragraph (b) of the same subsection after the words "to be" the words ", and, where the provisional license is issued
license,"; after the expiration of the license, to have been, as from the date of expiry of the (vi) by omitting from the same paragraph the words "license or" wherever occurring;
(vii) by inserting in the same paragraph after the word "took" the words ", or is deemed to have taken,";
(viii)
(viii) by omitting from paragraph (c) of the same subsection the words "license or" where firstly and secondly occurring;
(ix) by omitting from the same paragraph the words ", and the prescribed fees and the prescribed contribution paid under this subsection shall be applied in or towards payment of the prescribed fees and the prescribed contribution for the license or renewal of license";
(x) by omitting paragraph (d) of the same subsection;
(xi) by inserting next after the same subsection the following new subsection : —
(6A) Upon the refusal or withdrawal of an application—
(a)
for a license, not being a renewal of a license, there shall be refunded to the applicant, or to any other person who appears to the registrar to be entitled thereto, the prescribed fees (other than the prescribed fee referred to in sub section three of section twenty-five of this Act) and the prescribed contribution paid by the applicant; or
(b)
for the renewal of a license, there shall be refunded to the applicant or to any
other person who appears to the registrar to be entitled thereto— (i) the prescribed fees paid by the applicant (other than the prescribed fee referred to in subsection three of section twenty-five of this Act) reduced by such amount as bears to those prescribed fees; and
(ii)
(ii) the prescribed contribution reduced by such amount as bears to the prescribed contribution,
the same proportion as the period in months (disregarding any fraction of a month) for which the provisional license had effect bears to twelve months but nothing in this subsection requires a refund to be made in any case where the applicant applied for licenses of two or more classes, or for the renewal of licenses of two or more classes, and one or more licenses, or the renewal of one or more licenses, are granted.
(xii) by omitting subsections seven and eight of the same section and by inserting in lieu thereof the following subsections : —
(7 ) (a) A member of the police force, with the approval in writing of the super intendent of licenses, or the council may object to the grant of the application and, where it or he does so, a statement setting out the nature of the objection proposed to be made shall be lodged by the council or by that member of the police force, as the case may be, with the clerk of the court of petty sessions having
jurisdiction under subsection eight of section
three of this Act.
(b) A copy of the statement shall be included in any report furnished pursuant to subsection four of this section.
(8) Where no objection to the grant of the application for the license has been made, the registrar shall issue the license.
(xiii)
(xiii) by omitting from subsection nine of the same section the words "the officer in charge of police" and by inserting in lieu thereof the words "a member of the police force";
(xiv) by omitting from paragraph (b) of the same subsection the words "or police";
(xv) by omitting from the same subsection the words "If the court grants the application, the clerk of the court shall, on payment to him of the prescribed fees and, except in the case of a person applying for a business subagent's license, the prescribed contribution, issue the license." and by inserting in lieu thereof the following paragraphs: —
Upon determination of the application the clerk of the court shall notify the decision of the court to the registrar.
If the court grants the application, the registrar shall upon receipt of the notification, issue the license.
(xvi) by inserting in paragraph (c) of subsection ten of the same section after the word "Act" the words "or that any director or the secretary of the corporation is not of good fame or character or otherwise a fit and proper person, if he were to apply for a license, to hold the license or that the corporation is not a fit and proper person to hold a license on its own
behalf or in respect of an employee"; (xvii) by inserting in subsection (10A) of the same section after the word "license" where firstly occurring the words "(not being a renewal of a license)";
(xviii) by omitting the same subsection and by insert ing in lieu thereof the, following subsections : —
(10A) Subject to subsection (10AB) of this
section, a license (not being a renewal of a
license)
license) shall not be granted to an applicant, not being a corporation, or to a corporation in respect of an employee, unless the applicant or employee—
(a) has passed the examination prescribed in respect of applicants for such a license and conducted by the Depart ment of Technical Education or such other examination as may be prescribed; (b) has held for a period of not less than two years— (i) where the license applied for is
an auctioneer's license—a certificate of registration as a
trainee auctioneer;(ii) where the license applied for is a real estate agent's license—a certificate of registration as a real estate salesman;
(iii) where the license applied for is a business agent's license—a certificate of registration as a business salesman;
(iv) where the license applied for is a stock and station agent's license—a certificate of regis tration as a stock and station salesman; and
(c)
has produced to the council evidence that he has had experience that satisfies the council that he is capable of performing the duties generally performed by the holder of such a license.
This subsection does not apply where the
application is for an auctioneer's license(being a general license) or a business agent's
license
license and the applicant is a person to whom such a license may be granted pursuant to the provisions of section twenty-six or twenty- seven of this Act.
( I O A B ) The council may exempt any
applicant for a license from the requirements of paragraph (a ) or (b) or of both para graphs (a ) and (b ) of subsection (10A ) of this section.
(xix) by inserting next after subsection (10B) of
the same section the following new subsection :— (10c) A license (not being a renewal of a license) shall not after the commencement of this subsection be granted—
(a) to an applicant, not being a corporation; or
(b)
to a corporation in respect of an employee,
who, at the date of the application has not
attained the age of twenty-one years.
(d ) (i) by inserting in subsection one of section 23A after the words "of such license." the follow
ing new paragraph :—
Any such application shall be made to the
registrar who shall forward it to the clerk of the court of petty sessions having jurisdiction under subsection eight of section three of this Act. (ii) by omitting from the same subsection the words "The clerk of the court may on payment to him of the like fees and contributions as are payable on the renewal of a license issue
to
to such person a provisional license." and by inserting in lieu thereof the following new paragraph :—
Upon an application for restoration of any such license being made the like fees and contributions as are payable on the renewal of a license shall be paid and the registrar shall, if he is satisfied that the applicant is not precluded by reason of any other provision of this Act from being granted a license of the class in respect of which the application for restoration is made, issue to that person a provisional license.
(iii) by inserting in subsection two of the same section after the word "court" where firstly occurring the words "of petty sessions having jurisdiction under subsection eight of section three of this Ac t" ;
(e) by inserting at the end of subsection one of section twenty-four the following new paragraph :— Any such application shall be made to the registrar who shall forward it to the clerk of the court of petty sessions having jurisdiction under subsection eight of section three of this Act.
(f) ( i) by inserting next after subparagraph (i) of
paragraph ( a ) of subsection one of
section twenty-five the following new subparagraph :—
( ia) being a chattel auctioneer's license— thirty-two dollars;
(ii) by inserting in paragraph (d) of the same subsection after the words "general license" the words "or chattel auctioneer's license";
(iii)
(iii) by inserting next after the same subsection the following new subsection :—
(1A) The fees referred to in subsection one of this section shall accompany the application for the license in respect of which the fees are payable.
(iv) by omitting subsection three of the same section and by inserting in lieu thereof the following subsection :—
(3) Each application for a license or renewal of a license shall also be accompanied by an administration fee of ten dollars or, where some other administration fee is prescribed, that other fee.
(v) by omitting from subsection four of the same section the words "Auctioneers, Stock and Station, Real Estate and Business Agents" and by inserting in lieu thereof the words "Auctioneers and Agents";
(vi) by inserting in paragraph (c) of the same subsection after the word "registrar" the words ", the deputy registrar";
(g)
by inserting in paragraph (b) of subsection four of section twenty-six after the words "primary products license" the words "or a chattel auctioneer's license";
(h ) (i) by omitting from subsection one of section twenty-nine the words "of or above the rank of inspector" and by inserting in lieu thereof the words ", with the approval of the super intendent of licenses,"; (ii) by omitting from the same subsection the words "or police";
(iii)
(iii) by inserting next after paragraph (b) of the
same subsection the following new pa ragraph :— (bi) that any director or the secretary of the corporation is not a fit and proper person to be a director or the secretary, as the case may be, of a corporation holding a license on its own behalf or in respect of an employee; or
(iv) by inserting at the end of paragraph (c) of the same subsection the following word and new paragraph :—
; or
(d) that any director or the secretary of the corporation has been guilty of such conduct as renders him unfit to be a director or the secretary, as the case may be, of a corporation holding a license on its own behalf or in respect of an employee. (v) by inserting at the end of the same subsection the following new paragraph :—
Where the summons alleges a ground
referred to in paragraph (bi) or (d ) of thissubsection, a copy of the summons shall be served personally or by post on the director
or the secretary referred to in the statement
of that ground in the summons.(vi) by omitting from subsection three of the same section the word "court" where secondly occurring and by inserting in lieu thereof the word "registrar";
(vii)
(vii) by inserting in the same subsection after the word "both," the words "and, where the court orders the cancellation of the license of a corporation on a ground referred to in paragraph (bi) or (d ) of subsection one of this section, that any director or the secretary of the corporation" ;
(viii) by inserting next after the same subsection the following new subsection : —
(3A) Upon cancellation of a license under this section, the clerk of the court by which the license is cancelled shall notify the decision of the court to the registrar.
(i) by inserting next after section twenty-nine the following new section : —
29A. (1) In this section, "former licensee" means a person who, within a period of twelve months before a complaint in respect of that person is made under subsection two of this section—
(a)
has been the holder of a license (including a business subagent's license) and has ceased to hold that license;
(b)
has been a person in respect of whom a corporation has held a license and has ceased to be a person in respect of whom that corporation holds a license; or
(c) has been a director or the secretary of a held a license. corporation that, within that period, has (2) Upon complaint being made to him by a member of the police force, with the approval of the superintendent of licenses, or by the registrar any justice of the peace may summon a former licensee to appear before a court of petty sessions holden before a stipendiary magistrate to show cause
why
why that former licensee should not be disqualified either permanently or temporarily from holding a license on the ground—
(a) in the case of a former licensee referred to in the definition of "former licensee" in subsection one of this section who is an individual— (i) that he is not a fit and proper person to hold a license or to have a license held in respect of him by a corporation; or
(ii) that he has been guilty of conduct that renders him unfit to hold a license or to have a license held in respect of him by a corporation; or
(b) in the case of a former licensee referred to in paragraph (a) of the definition of "former licensee" in subsection one of this section that is a corporation— (i) that it is not a fit and proper person to hold a license on its own behalf or in respect of an employee; or
(ii) that its affairs have been so con ducted as to render it unfit to hold a license on its own behalf or in respect of an employee.
(3) If, upon the day and at the time and
place appointed by the summons issued under this section, the former licensee does not appear, the court of petty sessions may, upon proof of the due service of the summons upon the formei licensee a reasonable time before the time appointed for his appearance, proceed to hear and determine the matter of the complaint in the absence of the former licensee.
(4 )
(4) The court may, upon being satisfied as to the truth of any of the grounds specified in the summons, order that the former licensee be disqualified, either permanently or for such period as the court specifies in the order, from holding a license under this Act.
(5 ) Upon the disqualification of any person under this section, the clerk of the court by which the disqualification is imposed shall notify the decision of the court to the registrar.
(j) ( i) by omitting subsection one of section thirty;
(ii) by omitting from subsection two of the same section the word "such"; (iii) by inserting in the same subsection after the
word "applications," the words "and disqualifications,";
(k )
(i)
by inserting in subsection one of section thirty- one after the word "twenty-nine" wherever occurring the words "or 29A";
(ii)
by omitting from paragraph (b) of the same subsection the words "the officer in charge of police" and by inserting in lieu thereof the words "a member of the police force";
(iii) by omitting from the same subsection the
by inserting in lieu thereof the words "or the words "or the officer in charge of police" and member of the police force"; (iv) by inserting in paragraph (b) of subsection four of the same section after the word "employee," the words "or the director or secretary of a corporation referred to in the statement of the ground on which the disqualification was imposed,";
(v)
(v ) by omitting from the same paragraph the words "officer in charge of police" wherever occurring and by inserting in lieu thereof the words "member of the police force";
(vi) by inserting in the same paragraph after the word "twenty-nine" wherever occurring the words "or 29A";
(vii) by inserting in subsection (4A) of the same section after the word "twenty-nine" the words
"or 29A";
(1) by inserting in section thirty-two after the word "manager" the words "or the secretary";
(m) by omitting from section thirty-three the word "court" where secondly occurring and by inserting
in lieu thereof the word "registrar";( n )
(i)
by omitting from subsection four of section thirty-four the words "court from which the license issued" and by inserting in lieu thereof the word "registrar";
(ii)
by omitting from the same subsection the words "and the clerk of such court shall record such notice and advise the registrar who" and by inserting in lieu thereof the words "and the registrar";
( o )
( i ) by omitting subsection two of section thirty- five and by inserting in lieu thereof the
following subsection :—
(2) A licensee, being a corporation, shall, in addition to complying with the provisions of subsection one of this section, paint or affix and keep painted or affixed—
(a)
the name of the employee in charge of the licensee's registered office on the outside of that registered office; and
( b )
(b)
where the business of the corporation is carried on at any place other than that registered office, the name of the employee in charge at that place on the outside of that place,
in a conspicuous position and in letters easily legible and conforming to the type and size of type prescribed.
(ii) by inserting in paragraph (a) of subsection three of the same section after the word "one" the words "or two";
(p) by inserting at the end of section thirty-six the following new subsection : — (6) A reference in this section to a licensee includes a reference to a person who has been, but has, after the commencement of this subsection, ceased to be, a licensee and to the personal repre sentative of a licensee who has, after that commence ment, died and in the application of this section t o —
(a)
a person who has been, but has so ceased to be, a licensee, a reference to moneys received for or on behalf of any person by any licensee shall be read as a reference to moneys received by that person for or on behalf of any other person in connection
with his business as a licensee; and (b)
the personal representative of a licensee who has died, a reference to moneys received for or on behalf of any person by any licensee shall be read as a reference to moneys received by that licensee or personal repre sentative for or on behalf of any person in connection with the business carried on by that licensee.
(q )
(q)
by inserting next after section thirty-six the following new sections :—
36A. Where a licensee, in the month of January in any year, holds any moneys in a trust account kept by him in any year and those moneys were received by the licensee more than two years before that month, the licensee shall in that month furnish to the registrar a statement in or to the effect of the form prescribed showing particulars of—
(a) those moneys;
(b) every person for whom or on whose behalf the moneys are so held; and (c) the last known address of each of those persons.
36B . Where a person has been, but has ceased to be, a licensee or the personal representative of a licensee who has died holds any moneys in a trust account kept by him in accordance with section thirty-six of this Act, he shall—
(a)
within three months after the date on which he ceased to be a licensee or became the personal representative of the licensee who died, furnish to the registrar a statement in or to the effect of the form prescribed
showing particulars of— (i) the moneys held by him in his trust account as at the date on which he furnishes the statement;
(ii) every person for whom or on whose behalf the moneys are so held; and
(iii) the last known address of each of those persons; and
( b )
(b)
within fourteen days after the expiration of a period of twelve months after the date on which the statement referred to in para graph (a) of this section was furnished, furnish to the registrar a statement in or to the effect of the form prescribed showing particulars of—
(i) the moneys held by him in his trust account as at the date on which he furnishes the statement;
(ii) every person for whom or on whose behalf the moneys are so held;
(iii) the last known address of each of those persons; and
(iv) any payments made from the trust account since the statement referred to in paragraph (a) of this section was made.
36c. (1 ) The registrar shall, upon receipt of the statement referred to in section 36A, or in paragraph (b) of section 36B, of this Act—
(a)
send by post to each person for whom or on whose behalf any moneys referred to in the
statement are held a notice in writing addressed to him at his address shown in the statement stating the particulars of the moneys held for or on behalf of that person; and (b)
cause to be published in the Gazette a notification stating the particulars of the moneys held for or on behalf of each such person,
and
and stating that, if those moneys are not paid out of the trust account in which they are held within a period of three months after the date of the notification referred to in paragraph (b ) of this subsection, the person holding the moneys will be required to pay them to the registrar.
(2 ) The registrar may, at any time after the expiration of a period of three months after the publication in the Gazette of a notification referred to in paragraph (b ) of subsection one of this section, by a notice in writing served personally or by post on the person by whom the moneys referred to in the notification are held, require that person—
(a) to pay to the registrar any moneys referred to in the notification that have not been previously paid by that person out of the trust account in which they are held; and (b) to furnish to the registrar, within such period as may be specified in the notice, a statement showing particulars of any pay ments made out of the moneys referred to in the notification since the statement referred to in subsection one of this section was made.
(3 ) The registrar shall pay any moneys received by him pursuant to a notice under sub section two of this section into the fund.
(4 ) The council shall, on application
made to it by any person entitled to any moneys paid into the fund under this section, pay the moneys to that person.
( 5 ) Any person who neglects or fails to comply with the requirements of any notice served on him under subsection two of this section shall be guilty of an offence against this Act.
( r )
(r) by inserting next after subsection five of section 38A the following new subsections :—
(6 ) A person guilty of an offence against this Act arising under subsection three of this section shall be liable to a penalty not exceeding ten dollars for each day on which the offence occurs.
(7) Without affecting the application of the foregoing provisions of this section to licensees, the provisions—
(a)
of this section, other than paragraph (b) or (c ) of subsection one, apply to any person who is required by virtue of subsection six of section thirty-six of this Act to keep a trust account, and so apply while he is required to keep that account; and
(b)
of this section, other than paragraph (a) of subsection one, apply to any person who is required by subsection two of section thirty- eight of this Act to preserve any written record referred to in that subsection and so apply while he is required to preserve that written record.
(s) (i) by omitting from subsection one of section
38B the words "or other" where secondly
occurring and by inserting in lieu thereof the words ", a member of the police force of or above the rank of sergeant or an" ;
(ii) by omitting from subsection two of the same section the words "or other" where firstly occurring and by inserting in lieu thereof the words ", any such member of the police force
or an" ; (iii) by inserting in the same subsection after the word "licensee" where fourthly occurring the words "or, where a licensee has died, the personal representative of the licensee";
(iv)
(iv) by inserting next after the same subsection the following new subsection :—
(2A) The registrar, any such member of the police force or an officer of the council may serve on a banker with whom a licensee has deposited any money in any account (whether his own account or a general or separate trust account) an instrument, in the form prescribed and under the hand of the registrar or a member of the police force of or above the rank of sergeant—
(a) certifying that—
(i) the licensee cannot be located;
(ii) the licensee has left the State;(iii) the licensee or any servant or agent of the licensee or the personal representative of the licensee has neglected or refused to furnish any authority or order on the banker in accordance with subsection two of this section; or
(iv) the licensee has ceased to be a licensee; and
(b)
requiring that banker to produce to him for inspection the written records
of the bank relating to the account in which that money is held.
(t)
by inserting next after section 38c the following new sections : —
38D. (1) In this section—
"person to whom this section applies" means—
(a) a licensee;
(b)
(b)
a person who has been, but after the commencement of this section ceases to be, a licensee; and
(c)
the personal representative of a licensee who has died after that commencement.
"prescribed day" means the thirtieth day of June or, in respect of any particular person to whom this section applies, such other day as the registrar may, on the application of that person, fix by order in writing addressed to that person.
(2) Within three months after the
prescribed day in every year applicable to him, a
person to whom this section applies shall—
(a)
cause the books, papers, accounts and other documents relating to any moneys held during the year ended on that day in a trust account kept by him in accordance with section thirty-six of this Act to be audited by a person qualified under section 38E of this Act to act as an auditor; and
(b)
forthwith after the receipt from the auditor of a report of the result of the audit, lodge it with the registrar.
(3) Subsection two of this section ceases
to apply to a person to whom this section applies
and who is referred to in paragraph (b) or (c) of the definition of that expression in subsection one of this section— (a)
where, at the date on which he ceased to be a licensee or became the personal repre sentative of a licensee, he did not hold any moneys in any trust account kept by him in accordance with section thirty-six of this Act—upon the expiration of a period of
three
three months after the prescribed day applicable to him that next follows the day on which he ceased to be a licensee or became the personal representative, as the case may be ; or
(b) where, at the date on which he ceased to be a licensee or became the personal representative of a licensee, he held moneys in any trust account kept by him in accordance with section thirty-six of this Act—upon the expiration of a period of three months after the prescribed day applicable to him that next follows the day on which he has disbursed the last of the moneys in any such trust account.
(4 ) A person to whom this section applies shall obtain from the auditor making an audit for the purposes of this section a copy of the report of the result of the audit signed by the auditor and preserve it for a period of three years after the date on which the report was made.
(5) A licensee shall not be required under this section to cause any books, papers, accounts or other documents to be audited in respect of any period in respect of which those books, papers, accounts and other documents have already been audited for the purposes of this section.
(6 ) A licensee who in the course of any
year ending on the prescribed day neither received nor held any money for or on behalf of any other person shall be deemed to have complied with this section if, within the period of three months after that day, he makes and lodges with the registrar a statutory declaration to that effect.
( 7 ) Where, in relation to the books,
papers, accounts and other documents kept by a
partnership of licensees, the provisions of thissection
section are complied with by any one of the licensees, those provisions shall be deemed to have been complied with by all of the licensees.
38E. (1 ) A person shall be qualified to act as an auditor for the purposes of section 38D of this Act—
(a)
if he is registered under the Public Accountants Registration Act, 1945, as amended by subsequent Acts; or
(b)
where the registrar is satisfied that a person so registered is not conveniently available, if he is a person, nominated by the person whose books, papers, accounts and other documents are to be audited, who has by order in writing been approved by the registrar,
but shall not be so qualified—
(c)
if the person so registered or approved is 01 has at any time within two years before the last day of the period in respect of which the audit is to be made, been an employee or partner of the person whose books, papers, accounts and other documents are to be audited; or
(d)
if he is a licensee, or a shareholder in a corporation that is a licensee and has not more than twenty shareholders.
(2 ) If an auditor in the course of making
an audit of any books, papers, accounts and docu ments for the purposes of section 38D of this Act discovers that any breach of this Act or the regula tions has been committed, that there is any discrepancy relating to the trust account to which those books, papers, accounts and other documents relate or that the books, papers, accounts and other
documents
documents are not kept in such a manner as to enable them to be properly audited, he shall fully set out the facts so discovered by him in the report made by him for the purposes of that section and shall forward a copy of the report to the registrar.
(3 ) An auditor, or an assistant of an auditor, appointed to make an audit for the purposes of section 38D of this Act shall not communicate any matter which may come to his knowledge in the course of the audit to any person except in the course of his duties as an auditor or assistant of an auditor, in accordance with this section or in the like circumstance and to the like extent as a member of the council or any of its officers is permitted under subsection one of section
86A of this Act to publish information.
(4 ) A report for the purposes of section 38D of this Act or under this section relating to books, papers, accounts and other documents of any person or a statutory declaration lodged with the registrar under that section shall be available in the hands of the registrar for inspection by the auditor appointed to carry out for the purposes of that section any subsequent audit of the books, papers, accounts and other documents of that person.
(u) (i) by omitting from subsection one of section
thirty-nine the words "or police";
(ii) by inserting in paragraph (b) of the same sub section after the word "refused" the words "(otherwise than pursuant to subsection (10A) or (10c) of section twenty-three of this A c t ) " ;
(iii) by omitting from paragraph (c) of the same subsection the words "as a real estate sales man" wherever occurring and by inserting in lieu thereof the words "under Part TV of this
Act" ; (iv)
P86115-34
(iv) by omitting from paragraph (d) of the same subsection the words "as a real estate sales man under this Act" and by inserting in lieu thereof the words "under Part IV of this Ac t " ;
(v) by omitting subsection three of the same section and by inserting in lieu thereof the following
subsection : — (3) A licensee or a corporation on whose behalf a license is held shall not employ, in connection with his or its business as an auctioneer, business agent, real estate agent or stock and station agent, any person to carry out the functions of a trainee auctioneer, business salesman, real estate salesman or stock and station salesman (as respectively defined in section fifty-one of this Act) unless that person is registered under Part IV of this Act as a trainee auctioneer, business salesman, real estate salesman or stock and station salesman, as the case may be. This subsection does not apply to the employment of a person to carry out the functions of a business salesman or a stock and station salesman until the expiration of three months after the commencement of this subsection. (v) by inserting in section forty after the word "sergeant" wherever occurring the words ", to any
officer of the council authorised under subsection one of section 38B of this Act";
(w)
by inserting in paragraph (c) of subsection forty- three after the word "business" the words "or where the corporation is carrying on business under a business name registered or deemed to be registered under any Act for the time being in force relating to the registration of business names, that business name and the address of its place of
business"; (x)
(x) by omitting section fifty;
(y) (i) by omitting from section 50A the words "wilfully false, misleading or deceptive state ment, representation or promise or by any wilful concealment of material fact" and by inserting in lieu thereof the words "statement, representation or promise that is false, mis leading or deceptive (whether to his know ledge or not) or by any concealment of
material fact (whether intended or n o t ) " ; (ii) by inserting at the end of the same section the following new subsections : —
(2) Without limiting the generality of subsection one of this section a statement, representation or promise shall, for the purposes of that subsection, be deemed to be false, misleading or deceptive if the statement, representation or promise is of such a nature that it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the statement, representation or promise indicates that that state of affairs does exist.
(3) It is a sufficient defence to a prosecu tion under subsection one of this section if the defendant proves that the statement, repre sentation or promise arising out of the making of a statement, representation or promise that is false, misleading or deceptive was based upon a statement in writing made to the defendant by the owner of the business or undertaking concerned.
7. The Principal Act is further amended—
(a)
by omitting the heading to Part IV and by inserting in lieu thereof the following heading : —
R E A L ESTATE DEALERS, R E A L ESTATE SALES
MEN, TRAINEE AUCTIONEERS, BUSINESS
SALESMEN AND STOCK AND STATION SALESMEN.
(b)
(i)
by inserting in section fifty-one in the definition of "Allotment of land" after the word "erected" the words "and includes a lot within the meaning of the Conveyancing (Strata Titles) Act, 1961, as amended by subsequent Acts, and shares in a company the holding of which entitles the holder to possession of premises";
(ii)
by inserting next after the same definition the following new definition :—
"Business salesman" means a person who—
(a)
for or on behalf of a business agent induces or attempts to
induce or negotiates with a view to inducing any person to sell, buy or exchange or other wise deal with or dispose of any business or professional practice or any share or interest in or concerning or the goodwill of or any stocks connected with any business or professional practice; or
(b )
(b)
for or on behalf of a business agent and otherwise than at a place at which that business agent carries on business, collects instalments of principal or interest payable under a bill of sale given in respect of a business or professional prac tice or under a contract for the sale on terms of a business or professional practice,
but does not include an auctioneer, a trainee auctioneer, a stock and station agent, a stock and station salesman, a real estate agent, a real estate salesman or a business agent.
(iii) by omitting from the same section the definition of "Real estate salesman" and by inserting in lieu thereof the following definitions :—
"Real estate salesman" means a person
who—
(a)
for or on behalf of a real estate agent or real estate dealer induces or attempts to induce or negotiates with a view to inducing any person—
(i) to buy, sell or otherwise dispose of any land,
including any allot ment of land; (ii) to make any offer to buy, sell or otherwise dispose of any land, including any allotment of land; (iii)
(iii) to accept any offer to buy, sell or otherwise dispose of any land, including any allotment of land; or
(iv) to enter into any con tract for the purchase, sale or other disposal of any land, including any allotment of land;
(b) for or on behalf of a real estate agent and otherwise than at a place at which that real estate agent carries on business— (i) collects rents payable in respect of any lease or letting of land, including any allotment of land; or
(ii) collects instalments of
principal or interest payable under a mort gage of land or under a contract for the sale on terms of land, including an allotment of land; or
(c) for or on behalf of a real estate agent arranges for the erection of buildings for or on behalf of any other person, but does not include an auctioneer, a trainee auctioneer, a stock and station agent, a stock and station salesman, or a real estate agent.
'Stock
"Stock and station salesman" means a
person who—
(a) for or on behalf of a stock and station agent induces or attempts to induce or nego tiates with a view to inducing any person—
(i) to buy, sell or other
wise dispose of any land used for agricul
tural or pastoral purposes or any live
stock;(ii) to make any offer to
buy, sell or otherwise dispose of any land used for agricultural or pastoral purposes or any live stock;
(iii) to accept any offer to
buy, sell or otherwise dispose of any land used for agricultural or pastoral purposes or any live stock; or
(iv) to enter into any con
tract for the purchase,
agricultural or pastoral of any land used for sale or other disposal purposes or any live
stock;(b) for or on behalf of a stock and station agent arranges for the provision of agistment for live stock; or
(c)
(c)
for or on behalf of a stock and station agent and otherwise than at a place at which that stock and station agent carries on business—
(i) collects rents payable in respect of any lease or letting of land used for agricultural or pastoral purposes or fees for agistment; or
(ii) collects instalments of
principal or interest payable under a mort gage of land used for agricultural or pastoral purposes or under a contract for the sale on terms of any such land;
but does not include an auctioneer, a trainee auctioneer or a stock and station agent.
"Trainee auctioneer" means a person who for or on behalf of the holder of an auctioneer's license or a corporation that has taken out an auctioneer's license in respect of an employee sells or attempts to sell or offers for sale or resale any estate, goods or effects
by way of auction at an auction sale, but does not include an auctioneer.
(c) (i) by omitting from subsection one of section
fifty-two the words "or police";
(ii) by inserting in paragraph (b) of the same subsection after the word "refused" the words "(otherwise than pursuant to subsection (10A) or (10c) of section twenty-three of this A c t ) " ;
(d)
(d)
by inserting in the heading to Division 3 of Part IV after the word "Salesmen" the words ", Trainee Auctioneers, Business Salesmen and Stock and Station Salesmen";
(e)
(i)
by omitting from paragraph (a) of subsection one of section fifty-six the words "or service";
(ii)
by inserting next after the same subsection the following new subsection : —
(1A) A person who is the holder of a certificate of registration as a real estate sales man shall not act as or carry out the functions of a real estate salesman unless he does so as an employee of the holder of a real estate agent's license, being the holder specified in that certificate of registration as his registered employer, as an employee of the real estate dealer so specified or as an employee of a corporation that is so specified and that holds a real estate agent's license in respect of another employee.
(f) by inserting next after section fifty-six the following new section: — 56A. (1) Subject to this Act, after the expiration of a period of three months after the commence ment of this section, no person shall—
(a) unless he is registered as a trainee auctioneer in accordance with this Act—
(i)
be or remain in the employment of
any auctioneer as a trainee auctioneer; (ii)
represent, whether expressly or impliedly, that he is a trainee auctioneer or that he is in the employment of an auctioneer as a trainee auctioneer; or
(iii)
(iii) act as or carry out any of the functions of a trainee auctioneer;
(b) unless he is registered as a business salesman in accordance with this Act— (i) be or remain in the employment of any business agent as a business salesman;
(ii) represent, whether expressly or impliedly, that he is a business sales man or that he is in the employment of a business agent as a business salesman; or
(iii) act as or carry out any of the functions of a business salesman; or
(c) unless he is registered as a stock and station salesman in accordance with this Act— (i) be or remain in the employment of any stock and station agent as a stock and station salesman;
(ii) represent, whether expressly or impliedly, that he is a stock and station salesman or that he is in the employment of a stock and station agent as a stock and station salesman; or
(iii) act as or carry out any of the functions of a stock and station
salesman.
(2) A person— (a) who is the holder of a certificate of registra tion as a trainee auctioneer shall not act as or carry out the functions of a trainee auctioneer unless he does so— (i) as an employee of the holder of an auctioneer's license, being the holder specified in that certificate of
registration
registration as his registered employer, or as an employee of a corporation that is so specified and that holds an auctioneer's license in respect of another employee; and
(ii) under the supervision and in the presence of the holder of an auctioneer's license, being the holder specified in that certificate of registration as his registered employer or, where his employer specified in that certificate of registration is a corporation, under the supervision and in the presence of another employee of that corporation in respect of whom that corporation holds an auctioneer's license;
(b) who is the holder of a certificate of registra tion as a business salesman shall not act as or carry out the functions of a business salesman unless he does so as an employee of the holder of a business agent's license, being the holder specified in that certificate of registration as his registered employer, or as an employee of a corporation that is so specified and that holds a business agent's license in respect of another employee; or (c) who is the holder of a certificate of registra
not act as or carry out the functions tion as a stock and station salesman shall of a stock and station salesman unless he does so as an employee of the holder of a stock and station agent's license, being the holder specified in that certificate of registration as his registered employer, or as an employee of a corporation that is so specified and that holds a stock and station agent's license in respect of another
employee. ( 3 )
(3) Any person who commits any
contravention of or fails to comply with any of the provisions of this section shall be guilty of an offence against this Act.
(g) (i) by inserting in subsection one of section fifty- seven after the words "a real estate salesman" the words ", trainee auctioneer, business sales man or stock and station salesman";
(ii) by omitting from the same subsection the words "in triplicate";
(iii) by omitting subsections two, three and four of the same section and by inserting in lieu thereof the following subsections : —
(2) The application shall—
(a)
contain such particulars as may be prescribed, including particulars of the person by whom he is to be employed in his capacity as a real estate salesman, trainee auctioneer, business salesman or stock and station salesman, as the case may b e ;
(b)
specify in what capacity the applicant desires to be registered;
(c) be lodged with the registrar; and
(d)
be accompanied by the fees referred to in subsection six of this section.
(3) Upon receipt of the application for registration or for the renewal of registration, the registrar shall forward particulars of the application to the superintendent of licenses. (4) The council may inquire into, and the superintendent of licenses shall, upon receipt of such particulars, inquire into and report upon, the fame and character of the applicant.
(4A)
(4A) Where an application is made by any
person for registration or renewal of registration, the registrar shall—
(a) if he is satisfied that the applicant is not precluded by reason of any other provision of this Act from being granted registration or renewal of registration; and (b) where the application is for the renewal of registration, if the renewal of registration is not granted on or before the date of expiry of the registration, issue to the applicant a provisional certificate of registration as a real estate salesman, trainee auctioneer, business salesman or stock and station salesman, as the case may be.
(4B) A provisional certificate of registration—
(a)
shall take effect, where the application was for registration—on and from the date on which the certificate was issued; and
(b)
shall take effect or be deemed to have taken effect, where the application was for renewal of registration—on and from the date of expiry of the certificate of registration in respect of which the application for renewal was
made.
(4c) Where a provisional certificate of registration is issued under subsection (4A) of this section, the holder of the certificate shall, for all purposes of this Act, be deemed to be and, where the provisional certificate was issued on an application for renewal of registra tion and was issued after the expiry of the certificate of registration in respect of
which
which the application for renewal was made, to have been, as from the date of expiry of the certificate, the holder of the certificate of registration specified in his application until such time as a certificate of registration or renewal of a certificate of registration is issued to him pursuant to this section or until his application is refused or until the expiration of twelve months after the date on which the provisional certificate took effect, whichever first occurs.
(4D) If a certificate of registration or a renewal of a certificate of registration is so issued to a person to whom a provisional certificate has been issued under subsection (4A ) of this section that certificate or renewal shall take effect as from the date upon which the provisional certificate took effect.
(4E ) Upon the refusal or withdrawal of an application for registration or renewal of registration, there shall be refunded to the applicant or to any other person who appears to the registrar to be entitled thereto, the prescribed fees paid by the applicant (other than the administration fee referred to in sub section six of this section), reduced by such amount as bears to those prescribed fees the same proportion as the period in months (dis
regarding any fraction of a month) for which the provisional certificate of registration had effect bears to twelve months, but nothing in this subsection requires a refund to be made in any case where the applicant applied for registration, or renewal of registration, in two or more capacities and he was granted registration, or renewal of registration, in one or more capacities.
( 4 F )
( 4 F ) (a) A member of the police force, with the approval in writing of the super intendent of licenses, or the council may object to the grant of the application and, where it or he does so, a statement setting out the nature of the objection proposed to be made shall be lodged by the council or by that member of the police force, as the case may be, with the clerk of the court of petty sessions having jurisdiction under subsection eight of section three of this Act.
(b) A copy of the statement shall be included in any report furnished pursuant to subsection four of this section.
(4G) Where no objection to the grant of the application for registration has been made, the registrar shall issue the certificate of registration.
(iv) by omitting subsection six of the same section and by inserting in lieu thereof the following subsection :—
(6 ) Each applicant for registration shall lodge with his application—
(a)
a fee of two dollars, whether the application is for registration in one or more capacities; and
(b) in respect of each capacity in which he applies to be registered, an administra tion fee of two dollars, or where some other administration fee is prescribed,
that other fee.
(v) by omitting from subsection seven of the same section the words "the officer in charge of police" and by inserting in lieu thereof the words "a member of the police force";
(vi)
(vi) by omitting from paragraph (b) of the same subsection the words "or police";
(vii) by omitting from the same subsection the words "If the court grants the application, the clerk of the court shall, on payment to him of a fee of fifty cents for the issue thereof and an administration fee of two dollars, or where some other administration fee is prescribed, such other fee, issue to the applicant a certificate of registration as a real estate sales man." and by inserting in lieu thereof the following paragraphs :—
Upon determination of the application the clerk of the court shall forthwith notify the decision of the court to the registrar.
If the court grants the application, the registrar shall, upon receipt of the notification, issue to the applicant a certificate of registra tion as a real estate salesman, trainee auctioneer, business salesman or stock and station salesman, as the case may require.
(viii) by inserting in subsection eight of the same section after the words "real estate salesman" the words ", trainee auctioneer, business sales man or stock and station salesman";
(ix) by inserting in paragraph (a) of subsection nine of the same section after the words "real estate salesman" the words ", trainee
station salesman"; auctioneer, business salesman or stock and (x) by omitting paragraph (b) of the same sub section and by inserting in lieu thereof the following paragraphs :— (b ) Subject to this Act, a certificate of registration may be renewed and on each renewal shall be in force for a further period of twelve months.
(c )
(c) Every applicant for the renewal of one or more certificates of registration held by him shall lodge with his application—
(i) a fee of two dollars; and
(ii) in respect of each such certificate of registration, an administration fee of two dollars, or where some other administration fee is prescribed, that other fee.
(d ) The holder of a certificate of registra tion under this Part who desires to surrender the certificate may by instrument in writing notify the registrar that he so desires and may deliver the certificate to the registrar.
The registrar shall, upon receipt of the notification and certificate, endorse on the certificate the word "surrendered" and record in the register kept by him under section fifty- eight of this Act the fact that the certificate has been surrendered.
(xi) by omitting subsection ten of the same section and by inserting in lieu thereof the following subsection: —
(10) The administration fee prescribed by
or under subsections six and nine of this
Auctioneers and Agents Administration section shall be paid to the credit of the Account referred to in subsection four of section twenty-five of this Act.
(h) (i) by omitting subsection one of section fifty-
eight;
(ii) by omitting from subsection two of the same section the word "such";
( i)
(i) by omitting section fifty-nine and by inserting in lieu thereof the following section: —
59. (1) Every holder of a certificate of registration under this Part shall have a registered employer and a registered address in New South Wales.
(2) The registered employer and the
registered address of a holder of a certificate of registration under this Part shall be specified in the certificate of registration.
(3) The employer specified in the applica tion for registration as being the employer by whom the applicant is, or is to be, employed shall, upon the grant of registration (whether provisional or otherwise), be specified in the certificate of registra tion granted on the application as the registered employer of the holder of that certificate.
(4) The address of the registered office of the registered employer by whom or by which the holder of a certificate of registration is, or is to be, employed shall, upon the grant of registration (whether provisional or otherwise), be specified in the certificate of registration granted on the application as the registered address of the holder of that certificate.
(5) The registrar shall, upon application
made by the holder of a certificate of registrationunder this Part and upon payment of a fee of fifty
cents, vary the certificate of registration— (a) by substituting for the name of the registered employer specified therein the name of some other employer by whom the holder of the certificate is, or is to be, employed; or
(b)
by substituting for the registered address specified therein the address of the regis tered employer by whom the holder of the certificate is, or is to be, employed.
(6)
(6) The registrar shall record in the register kept under section fifty-eight of this Act any variation made under subsection five of this section.
(j) (i) by omitting from subsection one of section sixty the words "of or above the rank of inspector" and by inserting in lieu thereof the words ", with the approval of the super intendent of licenses,";
(ii) by inserting in the same subsection after the words "a real estate salesman" the words ", trainee auctioneer, business salesman or stock and station salesman";
(iii) by omitting from the same subsection the words "or police";
(iv) by omitting from subsection two of the same section the words "real estate salesman" wherever occurring and by inserting in lieu thereof the word "person";
(v) by omitting from subsection three of the same section the words "real estate salesman" wherever occurring and by inserting in lieu thereof the word "person";
(vi) by omitting from the same subsection the word "court" where secondly occurring and by inserting in lieu thereof the word "registrar";
(k) (i) by omitting from subsection one of section sixty-one the words "the officer in charge of police" where firstly occurring and by inserting in lieu thereof the words "a member of the police force";
(ii) by omitting from the same subsection the words "real estate salesman" and by inserting in lieu thereof the words "holder of the certificate of registration";
(iii)
(iii) by omitting from the same subsection the words "officer in charge of police" where secondly occurring and by inserting in lieu thereof the words "member of the police force";
(iv) by omitting from paragraph (b) of subsection four of the same section the words "real estate salesman" and by inserting in lieu thereof the words "holder of the certificate of registration";
(v) by omitting from the same paragraph the words "officer in charge of police" wherever occurring and by inserting in lieu thereof the words "member of the police force";
(vi) by inserting next after subsection four of the same section the following new subsection :—
(4A) An appeal under this section in any case to which paragraph (a) of subsection one of this section applies shall not be com menced after the expiration of twenty-one days after the date of refusal of the application or the date of the order under section sixty of this Act, as the case may be.
(1) ( i ) by omitting from section sixty-two the words
"real estate salesman" where firstly occurringand by inserting in lieu thereof the words
"holder of a certificate of registration"; (ii) by inserting in the same section after the word "sergeant" the words ", to any officer of the council authorised under subsection one of section 38B of this Ac t" ; (iii) by omitting from the same section the words "such real estate salesman" and by inserting in lieu thereof the word "he" ;
(iv)
(iv) by inserting in the same section after the words "real estate salesman" where lastly occurring the words ", trainee auctioneer, business sales man or stock and station salesman, as the case
(5) No answer given subject to any such objection shall be admitted in evidence in any proceedings for any offence except that of perjury in connection with the examination.
83N. (1) The council, the receiver or the licensee or the firm of licensees of which the licensee is or was a partner may at any time apply to the Court for an order that the appointment of a receiver be terminated, whereupon the Court may make such an order and may if it thinks fit appoint another person to be the receiver in his place.
(2) If a receiver's appointment is termin ated by an order of the Court and another person is appointed to be the receiver in his place, the former receiver shall, as soon as he reasonably may and subject to any directions given by the Court under this section, transfer or deliver to the receiver appointed in his place all property and any docu ments, writings and other property which he holds by virtue of his appointment as receiver.
(3) If a receiver's appointment is termin
ated by order of the Court and no other person is within fourteen days of the termination appointed to be receiver in his place, he may, and upon demand in writing by the licensee or the firm of licensees of which the licensee is or was a partner shall, as soon as he reasonably may and subject to any directions given by the Court under this section and subject, unless the council shall otherwise determine, to the payment by the licensee or firm to the council of the expenses of the receivership, as
defined
defined in section 83Q of this Act, transfer or deliver to the licensee or firm all property which he then holds by virtue of his appointment as receiver.
83o. (1) All moneys and other property which
come into the possession of the receiver in the course of the receivership and which the receiver has not dealt with in accordance with the provisions of this Division, other than this section, shall be paid or delivered by the receiver to the council on and to the extent of a request by the council for the payment or delivery, but where no such request is made, the moneys and other property shall be paid or delivered to the licensee or to the firm of licensees of which the licensee is or was a partner, as the case may require.
(2) Where property is delivered to the council pursuant to subsection one of this section, the council shall deal with the property in such manner as the Court, upon application by the council, may direct, and where the property is sold, the proceeds of the sale shall, for the purposes of subsection three of this section, be deemed to be moneys paid by the receiver to the council in accordance with subsection one of this section.
(3) All moneys paid by the receiver to the
council in accordance with subsection one of thissection shall be paid to the fund to be applied
firstly in the reimbursement to it of any claims paid by it in respect of the licensee or the firm of licensees of which the licensee is or was a partner, secondly in the satisfaction of or partial satisfaction of claims against the licensee or firm of licensees of which the licensee is or was a partner to the extent to which they or any of them have not otherwise been fully satisfied and thirdly in payment of the expenses of the receivership, as defined in section 83Q of this Act.
(4)
(4) If after the moneys have been so applied there remains a surplus of moneys paid by the receiver to the council, the surplus shall be paid to the licensee or to the firm of licensees of which the licensee is or was a partner, as the case may require.
83P. (1) The receiver may invest any moneys in his hands in the course of his receivership in any manner in which trustees are for the time being authorised by law to invest funds.
(2) Any income accruing from the invest ment of any such moneys and any profit from the sale of any such investment shall be added to and form part of the property of which he has been appointed receiver
83Q. (1) All moneys payable to the receiver as remuneration for his services, all costs of legal proceedings and other expenses incurred by him in the course of his receivership, and any reimburse ment made pursuant to section 83s of this Act (all of which are hereafter in this section referred to as "the expenses of the receivership") shall, to the extent that they have not otherwise been paid to the receiver under this Act, be paid to him by the council out of the fund.
by the council from the licensee as a debt owing by the expenses of the receivership shall be recoverable (2) Any amount paid out of the fund for him to the council. (3) In default of agreement between the council and the receiver as to the amount to be paid to the receiver as his remuneration the Court may, on application by the council or the receiver, deter mine the amount to be so paid.
83R.
83R. In any proceedings in the Court under the provisions of this Division the Court may make such order as to the payment of the costs of the proceed ings and costs incurred in the execution of any order made by the Court as to the Court seems fit.
83s. If any claim or charge is made by any person against the receiver for any act or omission by the receiver or by his servants or agents done or made by him or them in good faith and in the execution or purported execution of the powers conferred or duties imposed on him by or under this Division, the council may reimburse the receiver out of the fund for all or any costs, charges, expenses or damages which he may have incurred in relation to the claim or charge.
83T. The Court, on application by the licensee or by any firm of which the licensee is or was a partner, may re-open any agreement between the council and the receiver as to the amount to be paid to the receiver as his remuneration, and may determine the amount to be so paid.
83u. (1) Where proceedings are taken by the council under subsection two of section 83Q of this Act for the recovery of any amount paid out of the fund for the expenses of the receivership therein referred to and there is evidence which satisfies the Court that the amounts charged for those expenses are excessive, the Court may take an account between the council and the receiver and relieve
the licensee from payment of any sum in excess of
the sum adjudged by the Court to be fairly payable in respect of those expenses. If any excess has been paid or allowed in account by the council, the Court may order the receiver to repay it.
(2) The Court shall have and may, on the
application of the licensee or of any firm of which
the licensee is or was a partner, exercise the like
powerspowers as may be exercised under this section where proceedings are taken for the recovery of any amount paid out of the fund for the expenses of the receivership pursuant to section 83Q of this Act, and the Court shall have power to entertain any such application, notwithstanding that the expenses of the receivership have not been paid to the receiver.
(3) No proceedings to obtain any relief under this section shall be taken after three months from the time when the expenses of the receiver ship have been paid, but the legal personal representative of a deceased licensee may take any such proceedings at any time within six months thereafter.
83v. For carrying out the objects of this Division or the administration by a receiver of all or any property the Court may, without derogating from any other provisions of this Division, authorise the receiver to do such things as it thinks fit and may give directions accordingly.
83w. Where a licensee dies, a receiver in the execution of his functions under this Division shall not be deemed or taken to be a personal representa tive of the licensee.
83x. Property held by a receiver under the provi
taken or attached under any judgment. sions of this Division shall not be levied upon or 83Y. Subject to any directions given by the Court, every receiver shall at such times as the Court determines furnish to the Court and to the council a report of his receivership containing such information as the Court requires and upon the
conclusion
conclusion of his receivership shall forthwith lodge with the Court, in addition to his final report, all documents and writings in his possession or under his control relating to his receivership, and subject to any order of the Court for their destruction or otherwise, such documents and writings shall be kept in the custody of the Court.
(2) All moneys which immediately before the com mencement of the amendments made by paragraphs (a), (b) and (c) of subsection one of this section stood to the credit of the Auctioneers, Stock and Station, Real Estate and Business Agents Fidelity Guarantee Fund or the Auctioneers, Stock and Station, Real Estate and Business Agents Fidelity Guarantee Account shall upon that commencement become and be respectively moneys standing to the credit of the Auctioneers and Agents Fidelity Guarantee Fund and the Auctioneers and Agents Fidelity Guarantee Account.
(3) All investments which immediately before the commencement of the amendments made by paragraphs (a) , (b) and (c) of subsection one of this section were held by the council in connection with the Auctioneers, Stock and Station, Real Estate and Business Agents Guarantee Fund shall upon that day become and be investments held by the council in connection with the Auctioneers and Agents Fidelity Guarantee Fund.
9. The Principal Act is further amended—
(a)
(i)
by inserting in subsection one of section eighty- four after the words "real estate dealer" where firstly occurring the words ", as defined in section fifty-one of this Act,";
(ii)
(ii) by omitting from the same subsection the words "real estate dealer" where secondly occurring and by inserting in lieu thereof the words "any such real estate dealer";
(iii) by omitting from paragraph (a) of the same subsection the words "false representation" and by inserting in lieu thereof the words "representation that is false or misleading (whether to his knowledge or not)" ;
(iv) by inserting next after the same subsection the following new subsection :—
(1A) Without limiting the .generality of paragraph (a) of subsection one of this section a representation shall, for the purposes of that subsection, be deemed to be false or mislead ing if it is of such a nature that it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the representation indicates that that state of affairs does exist.
(v) by omitting paragraphs (a) and (b) of subsec tion three of the same section and by inserting in lieu thereof the following words :—
(a)
in relation to a representation, not being a representation referred to in subsection (1A) of this section, that he had reasonable grounds for believing and did in fact believe that the repre
sentation was true; or
(b)
in relation to a representation referred to in subsection (1A) of this section that he had reasonable grounds for believing in the existence of the state of affairs first referred to in that subsec tion and did in fact believe that that state of affairs existed,
and that otherwise he acted innocently;
(b)
(b) (i) by omitting from paragraph (b) of subsection one of section 84A the words "to his know ledge" and by inserting in lieu thereof the words "(whether to his knowledge or not)" ;
(ii) by inserting next after the same subsection the following new subsection :—
(1A) Without hmiting the generality of subsection one of this section a statement shall, for the purposes of that subsection, be deemed to be false or misleading if it is of such a nature that it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the statement indicates that that state of affairs does exist.
(iii) by inserting in paragraph (d) of subsection two of the same section after the word "transmission" the words "or television";
(iv) by omitting subsection three of the same section and by inserting in lieu thereof the following subsection :—•
(3) It shall be a sufficient defence for a person charged with an offence against this Act arising under paragraph (b) of subsection one of this section if that person proves that—
(a)
he took all reasonable precautions against committing the offence;
(b) in relation to a statement—
(i)
not being a statement referred to in subsection (1A) of this section, he had reasonable grounds for believing and did in fact believe that the state ment was true; or
(ii)
referred to in subsection (1A) of this section, he had reason able grounds for believing in
the
the existence of the state of affairs first referred to in that subsection and did in fact believe that that state of affairs existed; and
(c)
he had no reason to suspect that the statement was false or misleading.
(c)
(i)
by omitting from subsection one of section 86A the words "to publish" and by inserting in lieu thereof the words ", except for the purposes of the administration of this Act or the regula tions, to make publicly known or to make available to any person or court";
(ii)
by inserting in the same subsection after the words "section fifty-five of this Act" the words "or by an audit made under the provisions of section 38D of this Act";
(iii)
by omitting from paragraph (c) of the same subsection the words "Auctioneers, Stock and Station and Real Estate Agents" and by inserting in lieu thereof the words "Auctioneers and Agents";
(d)
(i)
by omitting from section 86B the words ", real estate dealer or real estate salesman" wherever occurring and by inserting in lieu thereof the words "or real estate dealer";
(ii) by inserting at the end of the same section the following new subsection :— (2) All writs, summonses, notices or other documents required or authorised to be served on or given to the holder of a certificate of registration under Part IV of this Act shall be deemed to be duly served or given if left at his registered address with an inmate appar ently over the age of fourteen years or if
sent
sent by registered post, postage prepaid, addressed to the holder of such a certificate at his registered address.
(e) by omitting from subsection four of section eighty- seven the words "or police"; (f)
(i) by inserting in section 87A after the word "Act" the words "(other than section eighty- eight of this Act)"; (ii) by omitting from the same section the words "twelve months" and by inserting in lieu thereof the words "three years"; (g)
(i) by inserting in paragraph (a) of section eighty- eight after the word "use" the words "or to the use of any other person"; (ii) by inserting in subparagraph (i) of the same paragraph after the word "agent" where secondly occurring the words "or a business agent"; (in) by inserting in subparagraph (iii) of paragraph (c) of the same section after the word "agent" where secondly occurring the words "or a business agent";
(h)
by inserting in section eighty-nine after the words "real estate salesman" the words ", trainee auctioneer, business salesman or stock and station salesman".
10 . (1) The Principal Act is further amended—
(a)
by omitting from the matter relating to Division 4 of Part III in section two the words "and Business Subagents";
(b)
(b) (i) by omitting from the definition of "Business agent" in subsection one of section three the words ", but does not include a business subagent in his capacity as such";
(ii) by omitting from the same subsection the definition of "Business subagent";
(iii) by omitting from the definition of "Licensee" in the same subsection the words "but does not include the holder of a business subagent's license";
(iv) by omitting from paragraph (a) of subsection eight of the same section the words ", not being a business subagent's license";
(v) by omitting from paragraph (b) of the same subsection the words "business subagent,";
(vi) by omitting from the same paragraph the words "the place of residence of the applicant for a business subagent's license or";
(vii) by omitting from paragraph (c) of the same subsection the words ", place of residence";
(viii) by omitting from paragraph (d) of the same subsection the words ", place of residence";
(c)
(i)
by omitting paragraph (b) of subsection (2A) of section twenty;
(ii) by omitting from subsection three of the same
section the words "A corporation shall not act as or carry on the business of a business subagent.";
(d) (i) by omitting paragraph (e) of subsection one
of section twenty-two;
(ii) by omitting from paragraph (b) of subsection three of the same section the words ", except in the case of a business subagent's license,";
(e)
(e) (i) by omitting from paragraph (d) of subsection two of section twenty-three the words ", except where the application is for a business sub- agent's license,";
(ii) by omitting subsection (10B) of the same section;
(f)
by omitting paragraph (fii) of subsection one of section twenty-five;
(g) by omitting subsection four of section twenty-nine;
(h) by inserting in paragraph (a) of subsection one of section 29A after the words "business subagent's license" the words "issued under this Act as in force at any time before the commencement of section ten of the Auctioneers and Agents (Amendment) Act, 1967"; (i) (i) by omitting from subsection one of section thirty-one the words "or the holder of a business subagent's license,";
(ii) by omitting from paragraph (b) of subsection four of the same section the words ", or holder of a business subagent's license";
(j) by omitting from section thirty-two the words ", a
business agent or a business subagent" and by agent"; inserting in lieu thereof the words "or a business
(k) (i) by omitting subsections (3A) and (3B) of
section thirty-four;
(ii) by omitting from subsection four of the same section the words "or the holder of the business subagent's license, as the case may be,";
(iii)
(iii) by omitting from subsection five of the same section the words "or if any licensed business subagent acts or carries on as a business subagent";
(1) by omitting from paragraph (a) of subsection one of section 38c the words "or a subagent";
(m) (i) by omitting from subsection one of section thirty-nine the words ", and the holder of a business subagent's license shall not, except with such approval and subject to any such conditions, knowingly employ in any way whatever in connection with his work as a business subagent,";
(ii) by omitting from subsection two of the same section the words "or in the work of a business subagent";
(iii) by omitting from subsection four of the same section the words "or any holder of a business subagent's license";
(n)
(i)
by omitting from subsection one of section 39A the words "or a holder of a business subagent's
license"; (ii) by omitting from the same subsection the words "or in his work as a licensed business subagent"; (iii) by omitting from the same subsection the words "or the holder of such a license"; (iv) by omitting from the same subsection the words "or holder of a business subagent's license,";
(o) by omitting subsection two of section forty;
(P)
(p)
by omitting from section forty-one the words "or holder of a business subagent's license";
(q) (i) by omitting from paragraph (d) of subsection one of section forty-two the words "or business subagent";
(ii) by omitting from the same paragraph the words "or of a business subagent's license, as the case may be,";
(r)
by omitting from the heading to Division 4 of Part III the words "and Business Subagents";
(s)
by omitting from section 50A the words "business subagent" and by inserting in lieu thereof the words "business salesman, as defined in section fifty-one of this Act,";
(t) (i) by omitting from subsection one of section 50B the words "and business subagent"; (ii)
by omitting from subsection two of the same section the words "or business subagent";
(u) by omitting section 50c;
(v) by omitting section 50E ; (w) by omitting section 50F ;
(X)
(x) by omitting section 50G;
(y) by omitting section 50H;
(z) (i) by omitting from subsection one of section 84A the words ", or the holder of a business sub- agent's license who publishes or causes to be published in connection with any matter in which he is acting as a business subagent,"; (ii) by omitting from paragraph (a) of the same subsection the words "or holder of a business subagent's license"; (iii) by omitting from subsection three of the same section the words "or the holder of a business subagent's license" wherever occurring.
(2) The amendments made by subsection one of this section shall commence upon the expiration of the period referred to in subsection one of section 56A of the Principal Act, as amended by this Act.
(3) Upon the commencement of the amendments made by subsection one of this section, a person who immediately before that commencement was the holder of a business subagent's license shall be deemed to be registered
license shall be deemed to be a certificate of registration issued as a business salesman under Part IV of this Act and that to that person and the provisions of the Principal Act, as amended by this Act, apply to that person in his capacity as a business salesman and to and in respect of that certificate accordingly.
(4) Any proceedings under this Act that had been
commenced against a person referred to in subsection three of
this section before the commencement of the amendments
made
made by subsection one of this section may be continued and completed in all respects as if at the time the proceedings were commenced those amendments had been in force and that person were the holder of a certificate of registration as a business salesman under Part IV of the Principal Act, as amended by this Act.
The registrar may, on an application in writing made at any time during the period referred to in subsection one of section 56A of the Principal Act, as amended by this Act, by a person who at the time of the making of the application is the holder of a certificate of registration as a real estate sales man or of a business subagent's license, endorse on that certificate or that license, as the case may be, the name of a person by whom that holder is, or is to be, employed—
11.
(a)
where the holder is the holder of a certificate of registration as a real estate salesman—as a real estate salesman; or
(b)
where the holder is the holder of a business sub- agent's license—as a business salesman,
and the person whose name is so endorsed shall be deemed to
be the registered employer of that holder.
12. The Public Accountants Registration Act, 1945, as amended by subsequent Acts, is amended by omitting from section 28A the words "which is required to be furnished pursuant to any regulation made under the Auctioneers, Stock
and Station and Real Estate Agents Act, 1941, as amended
by subsequent Acts" and by inserting in lieu thereof the words
", or report, which is required to be furnished pursuant to the Auctioneers, Stock and Station and Real Estate Agents Act, 1941, as amended by subsequent Acts, or any regulation made thereunder".
SCHEDULE.
SCHEDULE.
PART I.
Column 1. Column 2.
Provision of Act. Date of commencement.
Section 4 (b) (i) 31st March, 1968 Section 4 (b) (vi) 31st March, 1968 Section 6 (c) (xviii)
The date that is the first anniver sary of the day upon which the assent of Her Majesty to the Act is signified
Section 6 (o) 31st March, 1968 Section 7 (b) (i) 31st March, 1968 PART II.
Section 4 (a) (i) Section 4 (a) (ii) Section 4 (b) (ii) Section 4 (b) (v) Section 4 (b) (viii), except so much thereof as inserts a new sub
section (3) in section three
Section 5 (b) (ii) to (ix) inclusive
Section 6 (a) (i)
Section 6 (b) (i) to (iv) inclusive
Section 6 (c) (i) to (xiii) inclusive
Section 6 (c) (xv)Section 6 (d) (i) to (iii) inclusive
Section 6 (e) Section 6 (f) (i) to (iv) inclusive
Section 6 (g)
Section 6 (h) (i)
Section 6 (h) (vi)
Section 6 (h) (viii)
Section 6 (j)
Section 6 (k) (ii)Section 6 (k) (iii)
S C H E D U L E
SCHEDULE—continued.
PART 1 1 — c o n t i n u e d .
Section 6 (k) (v)
Section 6 (m) Section 6 (n) Section 6 (u) (iii) to (v) inclusive
Section 7 (a)
Section 7 (b) (ii)
Section 7 (b) (iii)
Section 7 (d)
Section 7 (e)
Section 7 (f)
Section 7 (g) (i) to (v) inclusive
Section 7 (g) (vii) to (xi) inclusive
Section 7 (h) (i)
Section 7 (i)
Section 7 (j) (i)
Section 7 (j) (ii)
Section 7 (j) (iv) to (vi) inclusive
Section 7 (k) (i) to (v) inclusive
Section 7 (I) (i)
Section 7 (1) (iii)
Section 7 (1) (iv)
Section 7 (m)
Section 9 (h).
GOVERNMENT
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