Estate Agents Act 1980 (Vic)

Version No. 134

Estate Agents Act 1980

No. 9428 of 1980

Version incorporating amendments as at

26 November 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

Part I—Introduction

4Definitions

5Act not to apply to Government Departments etc.

Part IIB—Administration

7Function of Authority

8Powers of Authority to enter into agreements

9Functions of Director

10Powers of Director to enter into agreements

11Delegation by Director

11ADelegation by Secretary

Part III—Licences

12Estate agents to be licensed

13Agents' representatives

13AEstate agents to be responsible for the acts of their representatives

13BAuctioneers of real estate

14Eligibility to obtain licence

15Licensing of corporations

16Eligibility for employment as an agent's representative

16BOffence to aid unqualified person to be an agent's representative

16CTransitional provision concerning former sub‑agents

17Application for estate agent's licence

19Certain documents to be lodged by particular corporations

19AConsent to disclosure of information

20Application to be referred to Director and Chief Commissioner

20AProvision of information for the purposes of this Act

21Grant and effect of licence

21AConditions of licence

21BEndorsement of licence

22Automatic cancellation of licence on bankruptcy etc.

22ADelay of effect of certain convictions

23Annual licence fee and statement

24Extension of time

24AFailure to comply with section 23

24BIf details given in application or annual statement change

24CNo application for 2 years after refusal

24DLost licence

25Inquiries into estate agents

28Inquiries into agents' representatives

28ADetermination of Tribunal on inquiry

29Cancellation of licences in other cases

29ASuspended and cancelled licences must be returned

29BDuties of agents and officers in effective control

29COffence to procure contravention of section 29B

30Management of estate agency office

30AAbsence of estate agent or branch manager

31Effect of disqualification

31APerson involved in Fund claim may regain licence etc. in exceptional circumstances

31BBankrupt person may be allowed limited right to hold licence etc.

31CPerson with criminal record may be allowed limited right to hold licence etc.

31CACorporation may be allowed to hold licence despite disqualifying factors

31DAuthority may impose conditions

31EDisability etc. of licensed estate agent

32Application for review

33The Register

35Registered address

Part IV—Agents and agents' representatives

37MMandatory continuing professional development activities

38Offence to pretend to be a licensed estate agent

41Production of licence by agent

42Advertising

43Franchising agreements

44Persons not to be employed by agents

47Authorization of agents' representatives

47ASeller must be given estimated selling price

47ABEstimated selling price must be reasonable

47ACDetermination of estimated selling price

47ADDirector may issue guidelines

47AERevision of estimated selling price

47AFStatements of information

47BFalse representation to seller or prospective seller

47CFalse representation to prospective purchaser

47DDirector may require substantiation

48Notice of commission sharing must be given

48AAgent must not retain any rebate

48BRebates must be factored into costs of expenses

48CTreatment of non-monetary rebates

48DRepeated breaches within 12 months

48ERight of recovery of rebates

49AOffence not to give certain information about commission

50Commission

51Statement concerning finance only to be given if finance promised

52Statement to be given on sale of small business

53Copy of contract etc. to be delivered to person signing

53AExemption concerning the Legal Profession Act 2004

54Default time limit on sole agency agreements

55Restriction on agent purchasing property

55AProhibition on charging or retaining of commission

56Certain commissions illegal

56APower of Director to investigate disputes

56BPowers of Tribunal in relation to disputes

Part V—Builders and subdividers of land

57Representation etc. by builders and subdividers of land

Part VI—Accounts, audit and monitoring of estate agency business

Division 1—Accounts and audit

58Definitions

58AAgents licensed interstate

59Trust money

59AUnidentified trust money

60Secretary's power to enter into arrangements with financial institutions

62Liability of principal for certain acts etc. of agents' representatives

63Duty to keep accounts of trust money received etc.

63ADirector's supervisory role in audits

64Annual audit of trust accounts

64AAudit ordered by Director

64BAudit where estate agent's business ceased during financial year

65Variation of date of audit

66Qualified auditors

67Non-disclosure by auditors

68Right of persons beneficially interested to obtain information

69Agents having no accounts to audit

Division 2—Monitoring of estate agency business

70Definitions

70AProduction of identity card

70BAccounts and other documents available for inspection and audit

70CEstate agent to produce documents and answer questions

70DThird parties to produce documents and answer questions relating to estate agent's business

70EMinisters, police and public authorities to produce information to inspectors

70FCertain other specified persons or bodies to produce information

70GPowers on production of documents

70HOrder requiring supply of information and answers to questions

70IEntry or search with consent

70JEntry without consent or warrant

70KSearch warrants

70LAnnouncement before entry

70MDetails of warrant to be given to occupier

70NSeizure of things not mentioned in the warrant

70OEmbargo notice

70PCopies of seized documents

70QRetention and return of seized documents or things

70RMagistrates' Court may extend 3 month period

70SRequirement to assist inspector during entry

70TRefusal or failure to comply with requirement

70UProtection against self-incrimination

70VOffence to give false or misleading information

70WApplication of provisions relating to inspections

70WAPowers of court if requirement to produce information not complied with

70XService of documents

70YConfidentiality

Part VII—Victorian Property Fund

71Definitions

72Victorian Property Fund

73Moneys constituting Fund

75Payments out of Fund

76Application of excess money in Fund

79Application of Fund

80Right to claim in respect of pecuniary loss

81Claims against the Fund

83Power of Secretary to require production of securities

84Subrogation of Secretary to rights etc. of claimant upon payment from Fund

86Provision where Fund insufficient to meet payment out of it

87Secretary may enter into contract of insurance or indemnity for purposes of Act

88Application of insurance moneys

89Freezing of trust accounts of defaulting agents

90Deficiency in trust account

91Wrongful conversion and false accounts

Part VIII—Miscellaneous

92Certificate as evidence

92ARegistrar may waive fees

92BVerification of details supplied to the Authority

92CComplaints concerning estate agents etc. are privileged

93Furnishing incorrect particulars

93AApplication of Australian Consumer Law and Fair Trading Act 2012

94Offences

94AProfit to be forfeited in case of unlicensed trading etc.

95Prosecutions

95APower to serve a notice

95BForm of notice

95EFurther proceedings concerning infringement notices

96Applications and notices in the case of corporation

97Saving of contracts and civil liability

97AProtection for things done under this Act

98Retention of documents

98AOffence to destroy documents required by the Act

99Regulations

Part IX—Transitional and savings

Division 1—Consumer Affairs Legislation Amendment Act 2010

101Rural branch manager's licence

102Authorised financial institutions

Division 2—Police and Justice Legislation Amendment (Miscellaneous) Act 2016

103Certificates given under section 16

Division 3—Justice Legislation Miscellaneous Amendment Act 2018

104Rebate statements

Division 4—Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024

105Estate Agents Council abolished

Division 5—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

106Definitions

107Records of agent's representatives' eligibility for employment

108Registration of agents' representatives

109Transitional regulations—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 134

Estate Agents Act 1980

No. 9428 of 1980

Version incorporating amendments as at

26 November 2025

An Act to re-enact with amendments the Law relating to Estate Agents and Sub-agents.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

(1)This Act may be cited as the Estate Agents Act 1980.

(2)The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

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PART I—INTRODUCTION

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4Definitions

(1)In this Act unless inconsistent with the context or subject-matter—

accounting records has the same meaning as financial records has in the Corporations Act;

agent's representative means any person—

(a)who is not a licensed estate agent but who—

(i)is employed by, or who acts for or by arrangement with, a licensed estate agent; or

(ii)is a director, member or officer of a corporation that is a licensed estate agent; and

(b)who performs for that estate agent any of the functions of an estate agent (other than work ordinarily performed by clerks, cashiers or accountants)—

regardless of whether his or her remuneration is by way of salary, wages, commission or otherwise;

approved auditor means a person who—

(a)is a member of CPA Australia, the Institute of Public Accountants or Chartered Accountants Australia and New Zealand; and

(b)meets the requirements of one of those bodies to practise as a public accountant;

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approved industry association means—

(a)The Real Estate Institute of Victoria Limited ACN 004 210 897;

(b)the Australian Livestock & Property Agents Association Limited ACN 096 142 880;

(c)any other industry association approved by the Minister by notice published in the Government Gazette;

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authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;

authorised financial institution means a financial institution that—

(a)was an authorised financial institution for the purposes of section 60 immediately before section 30 of the Estate Agents (Amendment) Act 1994 came into operation; or

(b)has entered into an arrangement with the Secretary under section 60(1);

authorised investment means—

(a)a term deposit, debenture or deposit stock of an authorised deposit-taking institution;

(b)a document issued by an authorised deposit-taking institution—

(i)relating to money which has been deposited with the authorised deposit-taking institution; and

(ii)which recognises an obligation to pay a stated amount to bearer or to order with or without interest; and

(iii)which (with or without endorsement) confers by delivery the right of the holder to receive that stated amount with or without interest;

(c)a loan to the Treasurer repayable on demand;

(d)a stock, bond, debenture or other security of the Commonwealth or of the State or of any public statutory body constituted under a law of the Commonwealth or of the State which is guaranteed by the Commonwealth or the State;

(e)a deposit with an eligible money market dealer within the meaning of the Corporations Act;

(f)a bill of exchange which—

(i)at the time of acquisition has a maturity date of no more than 200 days; and

(ii)if purchased for value confers on the holder in due course a right of recourse against an authorised deposit-taking institution as the acceptor or indorser of the bill for an amount equal to the face value of the bill;

(g)an investment approved, or included in a class of investments approved, for the time being by the Treasurer as an authorised investment, or class of authorised investments, for the purposes of this Act (whether or not of a kind similar to a kind of investment referred to in a preceding paragraph);

Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;

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books has the same meaning as in the Corporations Act;

branch manager means a person permitted by section 30 to manage a branch office;

branch office means an office in which the business of a licensed estate agent is conducted other than a principal office;

business means any hotel business, boarding-house business, storekeeper's business, manufacturing business, professional business, service business or any trading business whatsoever, and includes any share or interest in or concerning any stock goodwill or other property or assets included in any transaction relating to a business;

business day means a day that is not—

(a)a Saturday or a Sunday; or

(b)a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993;

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commission includes fees charges reward or other remuneration whether monetary or otherwise;

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CPA Australia means CPA Australia A.C.N. 008 392 452;

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Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

employ (in relation to the employment of any person as an agent's representative) includes not only directly employ but also by any arrangement or any means whatsoever engage induce or permit any person to act as an agent's representative, and the derivatives of employ have a corresponding interpretation;

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estate agent or agent means any person (whether or not he carries on any other business) who exercises or carries on or advertises or notifies or states that he exercises or carries on or that he is willing to exercise or carry on or in any way holds himself out to the public as ready to undertake the business of—

(a)selling buying exchanging letting or taking on lease of or otherwise dealing with or disposing of;

(b)negotiating for the sale purchase exchange letting or taking on lease of or any other dealing with or disposition of;

(c)collecting rents for—

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any real estate or business on behalf of any other person;

estate agent's licence means a valid and unexpired estate agent's licence under this Act;

externally administered body corporate means a Chapter 5 body corporate as defined by section 9 of the Corporations Act;

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Fund means the Victorian Property Fund established under this Act;

Homes Victoria means the body corporate established under section 9(2) of the Housing Act 1983;

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inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;

letting includes every form of leasing or letting of or granting a licence to use real estate and the function or business of letting includes the collection or receipt of rents by an agent on behalf of his principal whether the agent has or has not let the real estate in question;

licencemeans estate agent's licence;

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licensed estate agent means the holder of an estate agent's licence;

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outgoingsmeans any moneys spent by an estate agent on his principal's behalf for which the estate agent is at common law entitled to be reimbursed;

owners corporation has the same meaning as it has in the Owners Corporations Act 2006;

Partmeans Part of this Act;

police officer has the same meaning as in the Victoria Police Act 2013;

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principal office means the office recorded on the register under section 33(3)(g) as the principal office of a licensed estate agent;

private corporation means a corporation whose shares are not listed for quotation on any prescribed financial market (as defined in section 9 of the Corporations Act);

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professional conduct rules means the regulations made, or deemed to have been made, under section 99(1)(gg);

publish means publish by any means, including by publication on the Internet;

real estateincludes—

(i)any estate or interest in land or buildings;

(ii)any share or shares in any company limited by shares entitling the holder thereof to the exclusive right to occupy a specified building or part of a building; and

(iii)any goods chattels or other property or assets included in any transaction relating to real estate;

rebate includes any discount, commission or other benefit;

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register means the register kept under section 33;

registered address means an address recorded in the register as the address for the service of documents and communications of a licensed estate agent;

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Registrar means the Registrar of the Authority appointed under the Business Licensing Authority Act 1998;

regulations means regulations under this Act;

residence right has the same meaning as in the Retirement Villages Act 1986;

residential property means real estate that is used, or intended to be used, for residential purposes but does not include real estate that is used primarily for the purposes of industry, commerce or primary production;

retirement village has the same meaning as in the Retirement Villages Act 1986;

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Secretary means the person for the time being holding the office of Secretary to the Department of Government Services under the Public Administration Act 2004;

sell includes to sell by auction;

small business means business the goodwill plant equipment and fittings of which are sold or offered for sale or authorized to be sold at a total price not exceeding $200 000 (or such other amount not exceeding $500 000 that may be prescribed);

spouse of a person means a person to whom the person is married;

statement of information means a statement prepared under section 47AF;

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travel agent means a person solely engaged in the business of making travel arrangements or arranging holiday accommodation;

Treasurer means the Treasurer of Victoria;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

working director means, in relation to a corporation that carries on business as an estate agent, a director of that corporation who is engaged in the estate agency business of that corporation.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

(3)A reference in this Act to—

(a)"he or she", "she or he", "him or her" or "her or him" is to be read as including a reference to "it", if the context permits;

(b)"his or her" or "her or his" is to be read as including a reference to "its", if the context permits.

(4)A reference in this Act to "people" includes a reference to bodies corporate and politic, unless the contrary intention appears.

5Act not to apply to Government Departments etc.

(1)This Act shall not be construed as requiring—

(a)any responsible Minister of the Crown or any Government Department;

(b)Homes Victoria, the Rural Water Corporation, Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010, the Secretary referred to in section 6 of the Conservation, Forests and Lands Act 1987, Generation Victoria, National Electricity, VPX, the Rural Assistance Commissioner;

(c)any municipal council or any local authority within the meaning of the Public Contracts Act 1958 as in force immediately before the commencement of the Public Contracts (Repeal) Act 1986;

(d)any other public statutory authority specified for the purposes of this section by Order of the Governor in Council published in the Government Gazette;

(e)any person in the exercise of his functions as an officer or employee of the Crown or any Government Department, corporation, council or authority referred to in this subsection or as an agent of Homes Victoria—

to hold a licence under or observe those requirements of this Act which relate to the duties of estate agents.

(2)This Act shall not be construed as requiring—

(a)any executor, administrator, trustee, liquidator, official receiver, trustee or assignee of a bankrupt for the purposes of performing his functions exercising his powers or carrying out his duties as such;

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(d)any trustee company within the meaning of the Trustee Companies Act 1984 or any officer thereof while bona fide engaged as such officer;

(e)any Australian legal practitioner for the purpose only of carrying out the ordinary functions of an Australian legal practitioner;

(f)any person engaged for the purpose only of auditing accounts under Part VI;

(g)any person who carries on the business of a travel agent, for the purpose only of carrying out his ordinary functions as a travel agent; or

(h)any class of persons exempted by the regulations—

to hold a licence under or (except in respect of any provision of this Act which is specifically expressed to apply to any class of persons referred to in this subsection) to observe the requirements of this Act.

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(9)A person who is one of a class of persons exempted under this section or by the regulations from holding an estate agent's licence and who does not hold an estate agent's licence shall not demand, sue for, recover or retain any commission under this Act or the regulations.

(10)This Act shall not be construed as prohibiting any person (not being an estate agent or an agent's representative) from performing any function exercising any power or carrying out any duty which apart from this Act he would have been entitled to perform exercise or carry out under the express authority or permission of any Act.

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PART IIB—ADMINISTRATION

7Function of Authority

The Authority is responsible for administering the licensing provisions of this Act.

8Powers of Authority to enter into agreements

(1)The Authority, with the approval of the Minister, may enter into agreements with approved industry associations.

(2)An agreement under subsection (1)—

(a)may contain such terms and conditions as are determined by the Authority; and

(b)may provide for the performance by an approved industry association of a function of the Authority or a function of the Registrar.

9Functions of Director

The functions of the Director under this Act are—

(a)to ensure that estate agents and agent's representatives comply with trust account procedures, professional conduct rules and other requirements of this Act and the regulations;

(b)to initiate inquiries before the Tribunal;

(c)to deal with prosecutions, inquiries and complaints under this Act;

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(e)any other functions conferred on the Director by or under this Act.

10Powers of Director to enter into agreements

(1)The Director, with the approval of the Minister, may enter into agreements with approved industry associations.

(2)An agreement under subsection (1)—

(a)may contain such terms and conditions as are determined by the Director; and

(b)may provide for the performance by an approved industry association of a function of the Director (other than a function under section 56A).

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11Delegation by Director

(1)The Director may, by instrument, delegate to—

(a)the Authority; or

(b)the Registrar; or

(c)any person engaged or appointed under section 7(2) or 15 of the Business Licensing Authority Act 1998; or

(d)any person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act; or

(e)any approved industry association—

any function or power of the Director under this Act other than this power of delegation.

(2)The Director must obtain the approval of the Minister before delegating a power or function to an approved industry association under subsection (1).

11ADelegation by Secretary

The Secretary may, by instrument, delegate to the Director any function or power of the Secretary under this Act other than this power of delegation.

PART III—LICENCES

12Estate agents to be licensed

(1)Subject to this Act an individual shall not either by himself or as a member of a partnership—

(a)exercise or carry on or advertise notify or state that he exercises or carries on or is willing to exercise or carry on the business of an estate agent; or

(b)act as an estate agent; or

(c)in any way hold himself out to the public as ready to undertake for payment or other remuneration (whether monetary or otherwise) any of the functions of an estate agent—

unless he is a licensed estate agent.

Penalty:500 penalty units or imprisonment for 12 months.

(2)Subject to this Act a corporation shall not—

(a)exercise or carry on or advertise notify or state that it exercises or carries on or is willing to exercise or carry on the business of an estate agent; or

(b)act as an estate agent; or

(c)in any way hold itself out to the public as ready to undertake for payment or other remuneration (whether monetary or otherwise) any of the functions of an estate agent—

unless it is a licensed estate agent.

Penalty:1000 penalty units.

(3)Where a licensed estate agent does not carry on business as an estate agent otherwise than as an employee of an estate agent—

(a)sections 44, 47, 51, 59(6) and 62 shall apply to him as if he were an agent's representative for the purposes of this Act; and

(b)sections 25, 29 and 91 shall apply to him as if he were an estate agent for the purposes of this Act.

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13Agents' representatives

(1)Subject to this Act—

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(b)a person shall not be or act as an agent's representative for any person who should be but is not the holder of an estate agent's licence.

(2)Nothing in this Act shall be construed as requiring any agent's representative, so far as he performs for any licensed estate agent any of the functions of an estate agent (other than managing the day to day operation of an estate agency office) and is duly authorized to do so by that agent, to hold an estate agent's licence under this Act.

13AEstate agents to be responsible for the acts of their representatives

If an estate agent employs an agent's representative, the estate agent is responsible, in tort and in contract, for any thing done or not done by the agent's representative—

(a)within the scope of the agent's representative's authority; or

(b)for the benefit, or for the purported or intended benefit, of the estate agent or the estate agent's business.

13BAuctioneers of real estate

(1)A person must not conduct, or attempt to conduct, an auction for the sale of any real estate or business unless the person is a licensed estate agent or is employed as an agent's representative.

(2)Subsection (1) does not apply—

(a)to the following—

(i)any person who sells by auction any Crown land or other Crown property under the authority of the Minister administering the Crown Land (Reserves) Act 1978 or the Minister administering the Planning and Environment Act 1987 or any other competent authority; or

(ii)any sale of property specially ordered by the Governor in Council; or

(iii)any sale ordered by the sheriff by virtue of any writ or process issued out of any court; or

(iv)any sale made by any person acting in obedience to any process issued by any court for the recovery of any fine, penalty, or award or to any other order of a court; or

(v)any sale made by or under any rule, order or decree of the Supreme Court; or

(vi)any sale made by or under the authority of any municipal council; or

(b)to a person who auctions or attempts to auction any real estate or business—

(i)that is wholly or partially owned by the person; or

(ii)gratuitously at the request of a person who wholly or partially owns the real estate or business; or

(c)to a person who held an accredited auctioneer's certificate issued by the Authority before section 37 of the Consumer Affairs Legislation Amendment (Reform) Act 2010 came into operation.

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14Eligibility to obtain licence

(1)A person (other than a corporation) shall not be eligible to be granted an estate agent's licence unless he is not less than eighteen years of age and—

(a)he has—

(i)passed any courses of instruction or examinations prescribed by the regulations; and

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(iii)during the 3 years immediately before applying for the licence been engaged in—

(A)full-time employment as an agent's representative for not less than one year or for periods amounting in the aggregate to one year; or

(B)part-time employment as an agent's representative for not less than the equivalent of one year of full-time employment or for periods amounting in the aggregate to the equivalent of one year of full-time employment; or

(b)he has within the period of five years immediately preceding his application held an estate agent's licence; or

(c)she or he has met any other requirements establishing competency set out in the regulations.

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(3)Despite subsection (1), a person is eligible to be granted an estate agent's licence if he or she satisfies the Authority that he or she—

(a)has been licensed or otherwise authorised under the laws of another place or country to carry on a business in that place or country for which an estate agent's licence would be required in Victoria; and

(b)has an adequate knowledge of Victorian estate agency law, practice and procedure, including accounting.

(4)A person shall not be treated as having an adequate knowledge of Victorian estate agency law, practice and procedure, including accounting by reason only of the fact that, with the approval of the Authority pursuant to section 30(4), he has managed a branch office.

(5)A person—

(a)who is for the time being disqualified under this Act or any corresponding previous enactment from holding an estate agent's licence; or

(b)who is a director or officer of a corporation which is for the time being disqualified under this Act or any corresponding enactment from holding an estate agent's licence or who was a director or officer of that corporation at the date the corporation was so disqualified; or

(c)in relation to whom any claim has been allowed against the Fund under Part VII or against a corresponding fund established under any corresponding previous enactment; or

(d)who is an insolvent under administration or an externally administered body corporate; or

(da)who is a represented person within the meaning of the Guardianship and Administration Act 2019; or

(e)who has, within the last 10 years in Australia or elsewhere, been convicted or had found proven against him or her any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more; or

(f)who is the subject of an order by any regulatory body in or outside Victoria disqualifying him or her from acting as an estate agent or agent's representative (or an equivalent occupation under the jurisdiction of the regulatory body)—

shall not be eligible to be granted an estate agent's licence.

15Licensing of corporations

(1)Subject to this section, a corporation is not eligible to be granted an estate agent's licence, or to hold or to continue to hold an estate agent's licence, unless the corporation has a licensed estate agent acting as the officer in effective control of its estate agency business.

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(3)A corporation is not eligible to be granted an estate agent's licence if any of its directors would be ineligible, under section 14(5), to be granted an estate agent's licence as an individual.

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16Eligibility for employment as an agent's representative

(1)A person is eligible to be employed as an agent's representative if she or he—

(a)is at least 18 years of age; and

(b)has passed any prescribed courses of instruction or examination; and

(c)has not, within the last 10 years in Australia or elsewhere, been convicted or had found proven against him or her any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more; and

(d)is not an insolvent under administration; and

(da)is not a represented person within the meaning of the Guardianship and Administration Act 2019; and

(e)is not presently subject to a declaration under section 28A(1)(f) that she or he is ineligible to act as an agent's representative; and

(f)has not, in relation to anything she or he has done or not done, had a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; and

(g)is not the subject of an order by any regulatory body in or outside Victoria disqualifying him or her from acting as an agent's representative (or an equivalent occupation under the jurisdiction of the regulatory body).

(1A)Despite subsection (1), a person remains eligible to be employed as an agent's representative for 30 days after the person—

(a)has, in relation to anything he or she has done or not done, a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; or

(b)becomes an insolvent under administration; or

(c)is convicted of, or has found proven against him or her, any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more.

Note

Section 22A provides that if an agent's representative is convicted of, or has found proven against him or her, an offence described in subsection (1)(c), the conviction or finding doesn't take effect (and thus the 30 day period doesn't begin) until all avenues of appeal in relation to the conviction or finding have been exhausted.

(1B)A person who applies within the 30 day period referred to in subsection (1A) for permission under section 31A, 31B or 31C to be employed as an agent's representative remains eligible to be employed as an agent's representative until the application is withdrawn or is refused by the Authority.

(2)A person must not act as an agent's representative unless she or he is eligible to be employed as an agent's representative.

Penalty:500 penalty units.

(3)A person must not intentionally misrepresent to any other person that she or he is eligible to be employed as an agent's representative.

Penalty:500 penalty units.

(4)An estate agent must not appoint a person to act as an agent's representative unless the agent, or, in the case of a corporation, the officer in effective control of the estate agency business of the corporation—

(a)has been given—

(i)a copy of a certificate from the Chief Commissioner of Police or the Australian Crime Commission that indicates that the person is not ineligible to be an agent's representative under subsection (1)(c) and that—

(A)is not more than 6 months old; or

(B)is more than 6 months old, but that is accompanied by a statutory declaration of the person stating that he or she has not been found guilty of any disqualifying offence; and

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(b)has taken any other reasonable steps that are necessary to ensure that the person is eligible to be employed as an agent's representative.

Penalty:500 penalty units.

(5)An estate agent must not employ a person to act as an agent's representative at any time during which the person's name is on the record of ineligible persons in the register.

Penalty:500 penalty units.

(6)At the request of the Authority, the Chief Commissioner of Police may give the Authority a report concerning the criminal record of an agent's representative or of a person who has applied for a job as an agent's representative.

(7)An estate agent must keep any document obtained under subsection (4) in relation to an agent's representative for at least 2 years after the agent's representative ceases to be employed by the agent in that capacity.

Penalty:25 penalty units.

(8)A person is ineligible to be an agent's representative if the person—

(a)gave the estate agent a copy of a certificate or notice under subsection (4)(a)(i)(B) before being appointed; and

(b)fails to provide the agent, within 6 weeks of starting employment, with a certificate from the Chief Commissioner of Police or the Australian Crime Commission that is not more than 6 weeks old and that indicates that the person is not ineligible to be an agent's representative under subsection (1)(c).

(9)In this section, Australian Crime Commission means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth.

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16BOffence to aid unqualified person to be an agent's representative

A person must not cause or permit or aid or abet any person who is not eligible to be an agent's representative to work as an agent's representative.

Penalty:500 penalty units.

16CTransitional provision concerning former sub‑agents

(1)For the purposes of this Act, any period during which a person was employed as a licensed sub‑agent before section 11 of the Estate Agents (Amendment) Act 1994 came into operation is to be regarded as a period during which the person was employed as an agent's representative.

(2)Any person who was employed as a licensed sub‑agent immediately before section 11 of the Estate Agents (Amendment) Act 1994 came into operation is deemed to be eligible to be employed as an agent's representative for as long as he or she continues to be employed as an agent's representative by the employer employing him or her immediately before section 11 came into operation.

(3)However, subsection (2) ceases to apply to a person if, as a result of an event occurring after section 11 of the Estate Agents (Amendment) Act 1994 came into operation, subsection (2) becomes the only reason the person is still eligible to be an agent's representative.

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(5)Any reference in any Act, regulation, local law, subordinate instrument, deed, contract, order or other document to a licensed sub-agent or a sub‑agent is to be construed as a reference to an agent's representative, unless the contrary intention appears.

17Application for estate agent's licence

(1)A person may apply to the Authority for an estate agent's licence.

(1A)The application must be made in the form specified by the Authority and must be accompanied by the prescribed fee.

(2)An application by a person other than a corporation must—

(a)state—

(i)the address of the place or places at which the applicant intends to carry on business;

(ii)the address which he desires to be recorded as the registered address for the purposes of this Act;

(iii)where the applicant intends to carry on business at more than one place, the address which he desires to be recorded as his principal office for the purposes of this Act; and

(iv)in the case of an application by a member of a partnership, the names and addresses of all the partners;

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(c)be accompanied by—

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(ii)if the applicant has applied to be granted a licence in accordance with section 14(1)(a), full particulars of the applicant's employment as an agent's representative during the relevant period; and

(iii)a statement by the applicant certifying that the particulars contained in the application are true and correct.

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(4)An application by a corporation must—

(a)state—

(i)the address of the place or places at which the corporation intends to carry on business; and

(ii)its registered office under the Corporations Act; and

(iii)its registered address; and

(iv)if the corporation intends to carry on business at more than one place, the address which it desires to be recorded as its principal office for the purposes of this Act; and

(b)contain any other details that are required by the Authority; and

(c)be accompanied by the documents referred to in section 19.

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19Certain documents to be lodged by particular corporations

(1)An application for an estate agent's licence by a corporation shall be accompanied by—

(a)in the case of a corporation with one or more directors who hold an estate agent's licence, a statement made by one of those directors—

(i)certifying that he or she has the authority to make the application on behalf of the corporation; and

(ii)declaring the name and address of each director and the secretary of the corporation and of the officer in effective control of its proposed estate agency business; and

(iii)certifying that the particulars contained in the application are true and correct;

(b)in the case of a corporation without a director who holds a current estate agent's licence, but where one or more of the directors have lodged an application for an estate agent's licence, a statement made by one of the directors who has lodged such an application—

(i)certifying that he or she has the authority to make the application on behalf of the corporation; and

(ii)declaring the name and address of each director and the secretary of the corporation and of the officer in effective control of its proposed estate agency business; and

(iii)certifying that the particulars contained in the application are true and correct;

(c)in the case of a private corporation with a director who holds an estate agent's licence, a statement made by that director—

(i)certifying that he or she has the authority to make the application on behalf of the corporation; and

(ii)declaring the name and address of each member of the corporation; and

(iii)declaring—

(A)the number and type of shares held by each member of the corporation; and

(B)whether those shares confer voting rights; and

(C)whether the member holds shares on behalf of another person and, if so, the name and address of that person; and

(iv)certifying that the particulars contained in the application are true and correct;

(d)in the case of a private corporation without a director who holds a current estate agent's licence, but where one or more of the directors have lodged an application for an estate agent's licence, a statement made by one of those directors—

(i)certifying that he or she has the authority to make the application on behalf of the corporation; and

(ii)declaring the name and address of each member of the corporation; and

(iii)declaring—

(A)the number and type of shares held by each member of the corporation; and

(B)whether those shares confer voting rights; and

(C)whether the member holds shares on behalf of another person and, if so, the name and address of that person; and

(iv)certifying that the particulars contained in the application are true and correct.

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19AConsent to disclosure of information

(1)The Authority may require a licensee or an applicant for an estate agent's licence to provide the Authority, at the time of submitting the application or at any time during the currency of the licence, with any consent required by another person or body to enable the Authority to check or confirm information relevant to the licence or application.

(2)Without limiting subsection (1), consent includes—

(a)the consent of the licensee or the applicant; and

(b)the consent of another person other than the licensee or the applicant; and

(c)if the licensee or applicant is a corporation, the consent of a director of the corporation and, in the case of a private corporation, the consent of a member of the private corporation.

(3)The Authority may refuse to consider an application for an estate agent's licence under section 17 if the applicant does not provide to the Authority the required consent within 14 days after the requirement is made.

20Application to be referred to Director and Chief Commissioner

(1)If an application is made under section 17, the Authority, except in the prescribed circumstances, must give any details of the application that the Authority considers relevant to the Director and the Chief Commissioner of Police.

(2)The Director and the Chief Commissioner of Police, on receiving details of the application, must make any inquiries in relation to the application that the Director or the Chief Commissioner of Police considers appropriate.

(3)The Director and the Chief Commissioner, after receiving the results of the inquiries, must report to the Authority.

(4)A report may include recommendations.

20AProvision of information for the purposes of this Act

For the purposes of determining compliance with this Act or for carrying out the functions of the Authority or the Director under this Act—

(a)the Authority may disclose to the Director any information collected in the course of carrying out the Authority's functions under this Act; and

(b)the Director may disclose to the Authority any information collected in the course of carrying out the Director's functions under this Act; and

(c)the Director must disclose to the Authority the details of any successful claim made on the Fund in relation to an estate agent or an agent's representative.

21Grant and effect of licence

(1)The Authority must consider every application for an estate agent's licence.

(2)In considering an application for a licence, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require an applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

(c)seek and use advice and information on the application from any other person or body or source it thinks fit.

(3)The Authority may engage or appoint any person to assist it in considering an application.

(3A)The Authority may refuse to grant a licence to a person if the person does not provide the further information required within a reasonable time of the requirement being made.

(3B)The Authority is not required to conduct a hearing to determine whether to grant a licence or refuse to issue a licence.

(4)Where the Authority—

(a)is satisfied that the applicant is eligible to be the holder of a licence;

(b)if the applicant is an individual, is satisfied that he or she is of good character and has received no information that he or she is not a fit and proper person to hold a licence;

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the Authority shall grant the applicant a licence (subject to section 36(2)(a)).

(4A)A licence granted under subsection (4) shall be subject to such conditions and limitations as the Authority sees fit to impose.

(4B)If the Authority is not satisfied of any thing referred to in subsection (4) in relation to an applicant, it must refuse to issue a licence to the applicant and must give the applicant written notice of the refusal within 14 days of the refusal.

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(5)A licence—

(a)must be in a form determined by the Authority; and

(b)must be issued and signed by the Registrar; and

(c)must be endorsed with any conditions and limitations imposed by the Authority under subsection (4A).

(5A)A decision of the Authority to grant a licence lapses unless the applicant for the licence pays the prescribed licence fee to the Authority within 28 days of receiving written notice from the Authority that it has granted the licence.

(6)The Authority may postpone its consideration of an application for a licence until such time as it considers appropriate.

(7)Subject to this Act, a licence authorises the estate agent to whom it has been granted to be and to act as an estate agent in all parts of Victoria until the licence is surrendered, suspended or cancelled.

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(10)Subject to subsection (11), the holder of an estate agent's licence may at any time surrender the licence by notice in writing addressed to the Authority accompanied by the licence, and the surrender shall be effective as on the date of the receipt of the notice by the Authority.

(11)If an application has been made to the Tribunal to conduct an inquiry under section 25 in relation to an estate agent, the estate agent may not, without leave of the Tribunal, surrender the licence unless the Tribunal has determined to take action under section 28A or has determined not to take any such action.

21AConditions of licence

(1)The Authority may—

(a)impose conditions that must be complied with before it grants a licence; and

(b)on granting a licence, impose conditions or restrictions on a licence; and

(c)at any time on the application of any person, or on its own initiative, impose conditions or restrictions on a licence or vary or revoke any of those conditions or restrictions.

(2)A licensee must comply with the conditions or restrictions on a licence.

Penalty:100 penalty units.

21BEndorsement of licence

(1)If under section 21A, 28A or 31D, a condition or restriction or limitation is imposed on an estate agent or varied or revoked, the Authority may require the estate agent to produce the licence for endorsement of or variation or revocation of the condition or restriction or limitation.

(2)An estate agent must comply with a requirement under subsection (1).

Penalty:10 penalty units.

22Automatic cancellation of licence on bankruptcy etc.

(1)A person's licence as an estate agent is automatically cancelled if the person—

(a)becomes an insolvent under administration; or

(b)becomes an externally administered body corporate; or

(c)becomes a represented person within the meaning of the Guardianship and Administration Act 2019.

(2)A person's licence as an estate agent is automatically cancelled 30 days after the person—

(a)is convicted of, or has found proven against him or her, any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more; or

(b)has, in relation to anything she or he has done or not done, a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; or

(c)is made the subject of an order by any regulatory body in or outside Victoria disqualifying him or her from acting as an estate agent or agent's representative (or an equivalent occupation under the jurisdiction of the regulatory body).

(2A)A corporation's licence as an estate agent is automatically cancelled 30 days after—

(a)the licence of a director who holds an estate agent's licence is cancelled under subsection (1) or (2); or

(b)the corporation is notified in writing by the Authority that a director of the corporation who is not a licensed estate agent would, if the director were to apply for a licence, be ineligible, under section 14(5), to be granted an estate agent's licence; or

(c)the corporation has a claim allowed against the Fund under Part VII; or

(d)the corporation is convicted of, or has found proven against it, an offence involving fraud, dishonesty, drug trafficking or violence that, if it was a natural person, would be punishable by imprisonment for 3 months or more.

(2B)Subsections (2A)(a) and (2A)(b) do not apply if the director ceases to be a director of the corporation within the 30 day period referred to in subsection (2A).

(3)If a person whose licence would otherwise be cancelled by subsection (2) applies for permission under section 31A or 31C within the 30 day period referred to in that subsection, the person's licence is only automatically cancelled if the application is withdrawn or is refused by the Authority.

(4)If a corporation whose licence would otherwise be cancelled by subsection (2A) is eligible to apply for, and applies for, permission under section 31CA within the 30 day period referred to in that subsection, the corporation's licence is only automatically cancelled if the application is withdrawn or is refused by the Authority.

22ADelay of effect of certain convictions

(1)This section applies if one of the following people is convicted of, or has found proven against him or her, an offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more—

(a)a person who is employed as an agent's representative;

(b)a person (including a corporation) who holds a licence as an estate agent;

(c)a person who is the director of a corporation that holds an estate agent's licence.

(2)For the purposes of sections 16 and 22, the conviction or finding of guilt of the person only takes effect on—

(a)the day on which the conviction or finding is upheld or confirmed by the last applicable court of appeal; or

(b)the day on which leave to appeal is refused by the last applicable court of appeal; or

(c)the day after the day on which the last applicable appeal period ends—

whichever occurs last.

23Annual licence fee and statement

(1)A licensed estate agent must pay to the Authority the prescribed annual licence fee on the anniversary of the date the agent was last granted a licence under section 21.

(2)An annual licence fee may be paid at any time in the 6 weeks before it falls due.

(3)The payment must be accompanied by a statement in respect of the year up to the date that the payment is made that is in a form approved by the Authority and that is signed—

(a)by the agent, if the agent is a natural person; or

(b)if the agent is a corporation, by the officer in effective control of the estate agency business of the corporation.

(4)The statement must contain any information, and be accompanied by any documents, required by the Authority.

24Extension of time

(1)On payment of the prescribed fee (if any), a person may apply to the Authority for an extension of time, or a further extension of time, in which to comply with section 23.

(2)The Authority may grant the application if it is made before the date in relation to which the extension is sought.

24AFailure to comply with section 23

(1)If a licensed estate agent fails to comply with section 23, the Authority must give the agent a written notice stating that unless the agent complies with that section and also pays to the Authority the prescribed late payment or lodgement fee by the date specified in the notice, the agent's licence will be cancelled.

(2)The date specified in the notice must be at least 14 days after the date on which the notice is given to the agent.

(3)If the agent has not complied with section 23 and paid the late payment or lodgement fee by the date specified in the notice, the licence is automatically cancelled.

24BIf details given in application or annual statement change

If, before a decision is made under section 21 to grant or refuse a licence or while a licence is in force, a material change occurs in any of the details provided in the application for the licence or in the last statement lodged under section 23, the licensed estate agent must give the Authority written details of the change within 14 days after the agent becomes aware of the change.

Penalty:25 penalty units.

24CNo application for 2 years after refusal

If the Authority refuses an application for a licence, the applicant is not entitled to lodge another application for a licence until the end of 2 years after the refusal unless the Authority otherwise permits in a particular case.

24DLost licence

If the Registrar is satisfied that a licence has been lost or destroyed, the Registrar, on payment of the prescribed fee, may issue a duplicate licence or further copy.

25Inquiries into estate agents

(1)At any time the Director or the Chief Commissioner of Police may apply to the Tribunal for the holding of an inquiry to determine whether an estate agent—

(a)has contravened or failed to comply with this Act or the regulations; or

(aa)has contravened or failed to comply with the Sale of Land Act 1962; or

(b)is of good character or is otherwise a fit and proper person to hold a licence; or

(c)has been guilty of conduct as an estate agent which renders him or her unfit to hold a licence; or

(d)improperly obtained, or is improperly holding, a licence.

(2)In addition to the matters listed in subsection (1), in the case of an estate agent that is a corporation, the Director or the Chief Commissioner of Police may also apply to the Tribunal for the holding of an inquiry to determine whether a director of the corporation or the officer in effective control of the estate agency business of the corporation or, in the case of a private corporation, any member of the corporation—

(a)has contravened or failed to comply with this Act or the regulations or has failed to pay any fines imposed on him or her, or any costs that he or she was required to pay under this Act; or

(aa)has contravened or failed to comply with the Sale of Land Act 1962 or has failed to pay any fines imposed on him or her, or any costs that he or she was required to pay under that Act; or

(b)is of good character or is otherwise a fit and proper person to hold a licence; or

(c)has been guilty of conduct as an estate agent which renders him or her unfit to hold a licence; or

(d)improperly obtained, or is improperly holding, a licence.

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28Inquiries into agents' representatives

(1)At any time the Director may apply to the Tribunal for the holding of an inquiry to determine whether an agent's representative—

(a)is eligible to be an agent's representative; or

(b)is of good character or is otherwise a fit and proper person to be an agent's representative; or

(c)has been guilty of conduct as an agent's representative which renders him or her unfit to be an agent's representative; or

(ca)has contravened or failed to comply with the Sale of Land Act 1962; or

(d)has contravened or failed to comply with this Act or the regulations.

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28ADetermination of Tribunal on inquiry

(1)After conducting an inquiry in respect of a person under section 25 or 28, the Tribunal, if it considers it appropriate, may, by order, do any one or more of the following—

(a)reprimand the person;

(b)require the person to comply within, or for, a specified time with a requirement specified by the Tribunal;

(c)cancel any licence held by the person and disqualify the person either permanently or for a specified period from holding a licence;

(d)suspend any licence held by the person for a specified period not exceeding one year;

(e)impose any condition or limitation on any licence held by the person;

(f)declare any person to be ineligible to hold a licence or to be an agent's representative either permanently or temporarily;

(g)require the person to enter into an undertaking to perform, or not to perform, certain tasks to be specified in the undertaking.

(2)In addition to the powers conferred by subsection (1), if the Tribunal determines that the person has contravened or failed to comply with this Act or the regulations, it may impose a penalty not exceeding $5000 on the person and specify when the penalty must be paid.

(3)Any penalty imposed under subsection (2) must be paid to the Fund.

(4)If the Tribunal suspends or cancels a licence, the cancellation or suspension takes effect on the date specified by the Tribunal.

(5)If an estate agent fails to pay a penalty imposed under subsection (2) by the required date, the Tribunal may without giving the agent an opportunity to be heard—

(a)suspend the agent's licence until the penalty is paid; and

(b)cancel the licence if the penalty has still not been paid after the end of a further period of time equal to the initial period of time the agent had in which to pay the penalty.

(6)A reference to a person in this section includes a reference to any person who was an estate agent or agent's representative at the time of any breach or alleged breach of any relevant law, even though the person is not an estate agent or agent's representative at the time any action is taken under this Act.

29Cancellation of licences in other cases

(1)Any person who causes or permits or aids or abets any person who is not a licensed estate agent to carry on business as an estate agent shall be guilty of an offence.

Penalty:500 penalty units.

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(3)In any proceedings against an estate agent for an offence under this section it shall be prima facie evidence of that offence if an unauthorized person has possession of that estate agent's licence or represents himself as the holder of that estate agent's licence.

(4)It shall be a defence under this section if the accused estate agent took all reasonable steps to prevent the unauthorized person from carrying on business under that estate agent's licence or if the accused estate agent did not know and could not reasonably have been expected to have known that the unauthorized person was representing himself as holder of that estate agent's licence.

(5)Where any agent is convicted of an offence under subsection (1) or (2), in addition to any penalty, his licence shall become absolutely void and shall be cancelled and delivered up to the court and the court may order that the agent be disqualified either permanently or for such period as the court specifies from holding a licence as an estate agent.

(6)If an agent is convicted in any court of any indictable offence or if in any proceeding before a court to which any agent is a party the court is satisfied that he has been guilty of fraud and that he ought to be disqualified from carrying on the business of an estate agent the court may order that—

(a)he be disqualified either permanently or for such period as the court specifies from holding a licence under this Act as an agent; and

(b)his licence be cancelled and delivered up forthwith.

(7)In every case where a licence is delivered up to a court under this Act the licence and copy of any order of the court in relation thereto shall be sent forthwith by the proper officer of the court to the Authority.

(8)In this section unauthorized person means any person who for the purposes of subsection (1) does not hold an estate agent's licence.

29ASuspended and cancelled licences must be returned

(1)If the Tribunal suspends or cancels a licence, the person to whom the licence was issued must return the licence to the Authority within the period specified by the Tribunal.

Penalty:25 penalty units.

(2)If a licence is automatically suspended or cancelled under this Act, the person to whom the licence was issued must return the licence to the Authority within 7 days of becoming aware of the suspension or cancellation.

Penalty:25 penalty units.

29BDuties of agents and officers in effective control

(1)This section applies to a natural person—

(a)who is a licensed estate agent who carries on an estate agency business; or

(b)who is an officer in effective control of the estate agency business of a corporation.

(2)The person must—

(a)be regularly and usually in charge at the principal office of the estate agent; and

(b)give regular and substantial attendance at that office; and

(c)properly control and supervise any estate agency business carried on by the agent or for which the person is responsible; and

(d)take reasonable steps to ensure that any estate agents, agents' representatives or other employees of the business comply with the provisions of this Act, the Sale of Land Act 1962 and any other laws relevant to the conduct of the business while they are engaged in that business; and

(e)establish procedures designed to ensure that the business is conducted in accordance with the law and good estate agency practice; and

(f)monitor the conduct of the business in a manner that will ensure, as far as is practicable, that those procedures are complied with; and

(g)properly control and supervise the management of any branch office of the estate agency business.

Penalty:25 penalty units.

29COffence to procure contravention of section 29B           

A person involved in the management or control of the estate agency business of a licensed estate agent must not—

(a)prevent or hinder another person from complying with any duty imposed on that other person by section 29B; or

(b)induce or procure another person to contravene any duty imposed on that other person by section 29B.

Penalty:25 penalty units.

30Management of estate agency office

(1)Subject to this Act, a person shall not manage the day to day operation of an estate agency office unless he is a licensed estate agent.

(1A)A licensed estate agent shall not while he manages an estate agency office act as the manager of any other estate agency office.

(2)Despite subsection (1), a person who held an unexpired approval granted under this section immediately before section 18 of the Estate Agents (Amendment) Act 1994 came into operation may continue to manage the branch office specified in the approval unless he or she is disqualified from doing so under subsection (7).

*                *                *                *                *

*                *                *                *                *

(3)A person to whom subsection (2) applies may apply to the Authority for permission to manage a branch office different to the one specified in the approval.

(4)The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so.

(5)Sections 23 to 24B apply to a person to whom subsection (2) applies as if—

(a)a reference to a licensed estate agent was a reference to the person; and

(b)a reference to the date a licence was granted was a reference to the date the person first received approval under this section; and

(c)a reference to a prescribed fee was a reference to a fee prescribed for the purposes of this section; and

(d)a reference to a form approved by the Authority was a reference to a form approved by the Authority for the purposes of this section; and

(e)a reference to the cancellation of a licence was a reference to the effect of subsection (6).

(6)If a person to whom subsection (2) applies fails to comply with section 23 within the time specified by the notice under section 24A(1), subsection (2) ceases to apply to him or her and any permission granted to him or her under subsection (4) is automatically revoked.

(7)The Tribunal may, after giving the person the chance to be heard, disqualify any person to whom subsection (2) applies from acting as a branch manager if the Tribunal is satisfied that he or she has contravened or failed to comply with this Act, or is not eligible to be an agent's representative.

(8)A person who is authorised to act as the manager of a branch office by subsection (2) must not, while he or she manages that branch office, act as a branch manager in any other branch office of his or her employer or for any other estate agent.

(9)Any person who manages the day to day operation of an estate agency office in contravention of the provisions of this section shall be guilty of an offence.

*                *                *                *                *

*                *                *                *                *

30AAbsence of estate agent or branch manager

(1)Notwithstanding section 30(1) where a licensed estate agent or branch manager is to be absent from the estate agency office which he manages—

(a)for a period which is greater than seven days but not more than 30 days, the licensed estate agent or the employer of the branch manager (as the case may be) shall in writing appoint a licensed estate agent or agent's representative to manage the office during that period of absence;

(b)for a period greater than 30 days the licensed estate agent or the employer of the branch manager (as the case may be) shall advise the Authority in writing of the proposed absence and shall nominate a licensed estate agent or agent's representative to manage the office during that period of absence.

(2)Where the Authority is satisfied that a person nominated pursuant to subsection (1)(b) is capable of managing the estate agency office concerned it may approve and permit that person to manage that office for a period specified by the Authority.

(3)Notwithstanding section 30(1) an appointment in writing made under subsection (1)(a) and an approval given by the Authority under subsection (2) shall authorize the person so appointed or approved to manage the estate agency office in respect of which the appointment was made or the approval was given during the period of the absence of the estate agent or branch manager or for the period specified by the Authority (as the case may be).

31Effect of disqualification

A person disqualified under this Act from holding a licence or being an agent's representative shall not, while his disqualification continues, be capable of becoming or continuing as a director, member, manager or officer of a corporation which is a licensed estate agent.

31APerson involved in Fund claim may regain licence etc. in exceptional circumstances

(1)This section applies to a person in relation to whom a claim has been allowed against the Fund under Part VII or against a corresponding fund established under any corresponding previous enactment.

(2)The person may apply to the Authority for permission to hold an estate agent's licence or to be employed as an agent's representative.

(2A)An application under this section must—

(a)be in the form approved by the Authority; and

(b)contain the information required by the Authority; and

(c)be accompanied by the documents required by the Authority; and

(d)be accompanied by the prescribed fee (if any).

(2B)In considering an application under this section, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority;

(c)seek advice and information on the application from any other person or body as it thinks fit.

(2C)The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

(3)The Authority may give its permission if it is satisfied—

(3)If a person who is directed by the Authority to take administrative action under subsection (2) does not take the action specified in the direction within a reasonable time after being directed, the Authority may cancel or suspend the registration of the registered agent's representative.

(4)If, after a person is taken to be a registered agent's representative under subsection (1), the Authority considers that the person is not eligible to be registered to be employed as an agent's representative immediately before the commencement day, the Authority may cancel or suspend the person's registration.

(5)A person who is taken to be a registered agent's representative under subsection (1) is taken to comply with section 37F(1) if the person—

(a)first pays to the Authority the prescribed annual registration fee referred to in that section on or before 25 March 2028; and

(b)pays to the Authority the prescribed annual registration fee referred to in that section on or before each anniversary of the date on which the person first pays the prescribed annual registration fee.

(6)Despite section 37F(2), a prescribed annual registration fee payable under subsection (5) may be paid at any time within 6 months before the date on which it is to be paid under subsection (5).

(7)The payment of a prescribed annual registration fee under subsection (5) is taken to be a payment under section 37F(1) for the purposes of sections 37F(3), 37G, 37H and 37I.

(8)For the purposes of section 33(3A)(c), the date of registration of a person who is taken to be a registered agent's representative under subsection (1) is the commencement day.

109Transitional regulations—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Part 3 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, including any repeals and amendments made as a result of the enactment of that Part.

(2)Regulations made under this section may—

(a)have a retrospective effect to a day that is not before the day on which the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 receives the Royal Assent; and

(b)be of limited or general application; and

(c)differ according to time, place or circumstance; and

(d)leave any matter or thing to be decided by a specified person or class of person.

(3)Regulations under this section have effect despite anything to the contrary in any Act (other than Part 3 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)This section is repealed on the second anniversary of its commencement.

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Estate Agents Act 1980 was assented to on 27 May 1980 and came into operation as follows:

Section 99 on 9 July 1980: Government Gazette 9 July 1980 page 2360; sections 6(1)–(12)(14), 7–9 on 20 August 1980: Government Gazette 20 August 1980 page 2835; section 6(13) on 5 January 1981: Government Gazette 31 December 1980 page 4381; sections 1–5, 10–29, 31–58, 59(1)(2)(4)–(7), 60–98, 100 on 30 June 1981: Government Gazette 17 June 1981 page 1902; section 30 on 1 October 1981: Government Gazette 16 September 1981 page 3004; section 59(3) on 26 September 1984: Government Gazette 26 September 1984 page 3390.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Estate Agents Act 1980 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Estate Agents (Amendment) Act 1980, No. 9500/1980

Assent Date:	23.12.80
Commencement Date:	30.6.81: Government Gazette 17.6.81 p. 1902
CurrentState:	All of Act in operation

Statute Law Revision Act 1981, No. 9549/1981

Assent Date:	19.5.81
Commencement Date:	19.5.81: subject to s. 2(2)
CurrentState:	All of Act in operation

Crimes (Classification of Offences) Act 1981, No. 9576/1981

Assent Date:	26.5.81
Commencement Date:	1.9.81: Government Gazette 26.8.81 p. 2799
CurrentState:	All of Act in operation

Companies (Consequential Amendments) Act 1981, No. 9699/1981

Assent Date:	5.1.82
Commencement Date:	S. 23(Sch. 2) on 1.7.82: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Director of Public Prosecutions Act 1982, No. 9848/1982

Assent Date:	21.12.82
Commencement Date:	Ss 1–8, 17 on 12.1.83: Government Gazette 12.1.83 p. 80; rest of Act on 1.6.83: Government Gazette 11.5.83 p. 1146
CurrentState:	All of Act in operation

Statute Law Revision Act 1983, No. 9902/1983

Assent Date:	15.6.83
Commencement Date:	15.6.83: subject to s. 2(2)
CurrentState:	All of Act in operation

Estate Agents (Re-constitution) Act 1983, No. 9925/1983

Assent Date:	23.6.83
Commencement Date:	12.7.83: Government Gazette 12.7.83 p. 2069
CurrentState:	All of Act in operation

Penalties and Sentences (Amendment) Act 1983, No. 9945/1983

Assent Date:	20.9.83
Commencement Date:	S. 2 on 1.9.81: s. 1(4); rest of Act on 20.12.83: Government Gazette 14.12.83 p. 4035; s. 8 repealed by No. 10096 s. 4(4)
CurrentState:	All of Act in operation

Estate Agents (Amendment) Act 1983, No. 10028/1983

Assent Date:	20.12.83
Commencement Date:	Ss 1–17, 20, 21, 24–27, 29, 32–34, 36–49, 53, 54(a)(c)(d), 55, 56 on 21.3.84: Government Gazette 21.3.84 p. 863; ss 18, 19, 22, 23, 28, 31(1), 35 on 8.1.85: Government Gazette 19.12.84 p. 4481; s. 30 on 8.1.85: Government Gazette 8.1.85 p. 1; ss 31(2), 50–52, 54(b) were never proclaimed, repealed by No. 11/1995 s. 3(2)
CurrentState:	All of Act in operation

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: subject to s. 3(2)
CurrentState:	All of Act in operation

Administrative Appeals Tribunal Act 1984, No. 10155/1984

Assent Date:	20.11.84
Commencement Date:	S. 69 on 1.3.85: Government Gazette 30.1.85 p. 191
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Trustee Companies Act 1984, No. 10168/1984

Assent Date:	20.11.84
Commencement Date:	5.12.84: Government Gazette 5.12.84 p. 4329
CurrentState:	All of Act in operation

Public Contracts (Repeal) Act 1986, No. 21/1986

Assent Date:	22.4.86
Commencement Date:	22.4.86
CurrentState:	All of Act in operation

Estate Agents (Amendment) Act 1986, No. 62/1986

Assent Date:	16.9.86
Commencement Date:	8.10.86: Government Gazette 8.10.86 p. 3854
CurrentState:	All of Act in operation

Conservation, Forests and Lands Act 1987, No. 41/1987

Assent Date:	19.5.87
Commencement Date:	S. 103(Sch. 4 items 17.1, 17.2) on 1.7.87: Government Gazette 24.6.87 p. 1694
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

State Trust Corporation of Victoria Act 1987, No. 55/1987

Assent Date:	20.10.87
Commencement Date:	2.11.87: Government Gazette 28.10.87 p. 2925
CurrentState:	All of Act in operation

Liquor Control Act 1987, No. 97/1987

Assent Date:	1.12.87
Commencement Date:	S. 181(3) on 3.5.88: Government Gazette 27.4.88 p. 1044
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

State Bank Act 1988, No. 29/1988

Assent Date:	17.5.88
Commencement Date:	9.6.88: Government Gazette 8.6.88 p. 1582
CurrentState:	All of Act in operation

Rural Finance Act 1988, No. 44/1988

Assent Date:	24.5.88
Commencement Date:	1.7.88: Government Gazette 29.6.88 p. 1896
CurrentState:	All of Act in operation

Subdivision Act 1988, No. 53/1988 (as amended by No. 49/1989)

Assent Date:	31.5.88
Commencement Date:	30.10.89: Government Gazette 4.10.89 p. 2532
CurrentState:	All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 item 39.1) on 1.11.89: Government Gazette 1.11.89 p. 2798
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

County Court (Amendment) Act 1989, No. 19/1989

Assent Date:	16.5.89
Commencement Date:	1.8.89: Government Gazette 26.7.89 p. 1858
CurrentState:	All of Act in operation

Estate Agents (Amendment) Act 1989, No. 29/1989

Assent Date:	6.6.89
Commencement Date:	Ss 7, 10 on 1.1.90: s. 2(1); rest of Act on 20.6.89: Special Gazette (No. 34) 20.6.89 p. 1
CurrentState:	All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.1.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

State Bank (Succession of Commonwealth Bank) Act 1990, No. 94/1990

Assent Date:	18.12.90
Commencement Date:	S. 40(4) on 1.1.91: Special Gazette (No. 73) 31.12.90 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Water (Rural Water Corporation) Act 1992, No. 50/1992

Assent Date:	30.6.92
Commencement Date:	1.7.92: Government Gazette 1.7.92 p. 1629
CurrentState:	All of Act in operation

Estate Agents (Amendment) Act 1993, No. 38/1993

Assent Date:	25.5.93
Commencement Date:	All of Act (except s. 5) on 25.5.93: s. 2(1); s. 5 on 1.9.93: s. 2(2)
CurrentState:	All of Act in operation

Electricity Industry Act 1983, No. 130/1993

Assent Date:	14.12.93
Commencement Date:	S. 122(Sch. 4 item 4) on 3.1.94: Special Gazette (No. 97) 23.12.93 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 4(Sch. 2 item 30) on 1.1.95: Government Gazette 28.7.94 p. 2055
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

State Trustees (State Owned Company) Act 1994, No. 45/1994

Assent Date:	7.6.94
Commencement Date:	Pt 1 (ss 1–3), s. 27 on 7.6.94: s. 2(1); rest of Act on 1.7.94: Special Gazette (No. 36) 23.6.94 p. 1
CurrentState:	All of Act in operation

Electricity Industry (Amendment) Act 1994, No. 53/1994

Assent Date:	15.6.94
Commencement Date:	S. 34(Sch. 1 item 2) on 3.10.94: s. 2(4A)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Estate Agents (Amendment) Act 1994, No. 86/1994

Assent Date:	6.12.94
Commencement Date:	Pt 1 (ss 1, 2) on 6.12.94: s. 2(1); s. 46 on 1.1.95; ss 3–13, 15–45, 47–53 on 1.2.95: Government Gazette 8.12.94 p. 3218; s. 14 on 1.6.96: Government Gazette 2.5.96 p. 1050
CurrentState:	All of Act in operation

Subordinate Legislation Act 1994, No. 104/1994

Assent Date:	13.12.94
Commencement Date:	1.1.95: subject to s. 2
CurrentState:	All of Act in operation

Electricity Industry (Further Amendment) Act 1994, No. 110/1994

Assent Date:	20.12.94
Commencement Date:	S. 41(Sch. 1 item 3) on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Electricity Industry (Amendment) Act 1995, No. 56/1995

Assent Date:	20.6.95
Commencement Date:	S. 68(Sch. 1 item 1) on 20.6.95: Special Gazette (No. 52) 20.6.95 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Trustee and Trustee Companies (Amendment) Act 1995, No. 104/1995

Assent Date:	5.12.95
Commencement Date:	1.1.96: s. 2
CurrentState:	All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 28) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Co-operatives Act 1996, No. 84/1996

Assent Date:	23.12.96
Commencement Date:	S. 467(Sch. 6 item 5) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Audit (Amendment) Act 1997, No. 93/1997

Assent Date:	16.12.97
Commencement Date:	Sch. item 12 on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Rail Corporations (Amendment) Act 1997, No. 104/1997

Assent Date:	16.12.97
Commencement Date:	S. 46 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999)

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	Ss 65–113 on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Licensing and Tribunal (Amendment) Act 1998, No. 101/1998

Assent Date:	1.12.98
Commencement Date:	S. 37(3) on 1.7.98: s. 2(2); s. 37(1)(2) on 1.2.99: Government Gazette 24.12.98 p. 3204
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999

Assent Date:	18.5.99
Commencement Date:	S. 32 on 1.9.99: Government Gazette 19.8.99 p. 1901
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Business Registration Acts (Amendment) Act 2000, No. 35/2000

Assent Date:	6.6.00
Commencement Date:	S. 46 on 19.6.00: Government Gazette 15.6.00 p. 1248
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 43) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 24) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 39) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001

Assent Date:	7.11.01
Commencement Date:	S. 3(Sch. item 7) on 20.12.01: Government Gazette 20.12.01 p. 3127
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Auction Sales (Repeal) Act 2001, No. 84/2001

Assent Date:	11.12.01
Commencement Date:	S. 4 on 1.1.03: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Corporations (Financial Services Reform Amendments) Act 2002, No. 9/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. item 6) on 23.4.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Business Licensing Legislation (Amendment) Act 2003, No. 8/2003

Assent Date:	6.5.03
Commencement Date:	Ss 44–59 on 1.11.03: Government Gazette 30.10.03 p. 2744
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Estate Agents and Sale of Land Acts (Amendment) Act 2003, No. 41/2003

Assent Date:	11.6.03
Commencement Date:	Ss 10, 11, 46–49 on 12.6.03: s. 2(1); s. 45 on 30.6.03: Government Gazette 26.6.03 p. 1548; ss 6–9, 12–20, 22–44 on 1.2.04: Government Gazette 29.1.04  p. 179; s. 21 on 1.7.05: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Estate Agents and Travel Agents Acts (Amendment) Act 2004, No. 17/2004

Assent Date:	18.5.04
Commencement Date:	Ss 3–10 on 19.5.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004

Assent Date:	21.12.04
Commencement Date:	Ss 35, 36, 38–44 on 22.12.04: s. 2(1); s. 37 on 1.7.05: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 71) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 39) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 17) on 1.7.07: Government Gazette 28.6.07 p. 1304
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 17) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Owners Corporations Act 2006, No. 69/2006

Assent Date:	19.9.06
Commencement Date:	S. 224(Sch. 3 item 5) on 31.12.07: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Conveyancers Act 2006, No. 75/2006 (as amended by No. 17/2007)

Assent Date:	10.10.06
Commencement Date:	S. 192(Sch. 2 item 2) on 1.7.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Justice Legislation (Further Amendment) Act 2006, No. 79/2006

Assent Date:	10.10.06
Commencement Date:	Ss 76, 77 on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 36) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007

Assent Date:	29.5.07
Commencement Date:	S. 36(Sch. item 4) on 30.5.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008

Assent Date:	11.2.08
Commencement Date:	S. 60(Sch. item 4) on 12.2.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date:	4.3.08
Commencement Date:	S. 32(Sch. item 9) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 21) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Unclaimed Money Act 2008, No. 44/2008

Assent Date:	26.8.08
Commencement Date:	S. 109 on 1.1.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 53) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Consumer Affairs Legislation Amendment Act 2010, No. 1/2010

Assent Date:	9.2.10
Commencement Date:	Ss 4(2)–(4), 5–11, 13, 16 on 1.8.10: Government Gazette 22.7.10 p. 1628; ss 4(1), 12, 14, 15 on 1.11.10: Government Gazette 14.10.10 p. 2404
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	S. 203(1)(Sch. 6 item 21) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010

Assent Date:	28.9.10
Commencement Date:	Ss 35(1)(a)(b)(2)(3), 37, 41–45, 47(1), 48–50 on 1.11.10: Government Gazette 14.10.10 p. 2404; s. 46 on 1.1.11: Government Gazette 14.10.10 p. 2404; s. 47(2)(3) on 1.4.11: Special Gazette (No. 63) 1.3.11 p. 1; ss 35(1)(c), 36, 38–40 on 17.8.11: Special Gazette (No. 265) 16.8.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010

Assent Date:	19.10.10
Commencement Date:	S. 48(Sch. item 9) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Consumer Acts Amendment Act 2011, No. 36/2011

Assent Date:	23.8.11
Commencement Date:	Ss 3, 4 on 24.8.11: s. 2(1)
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 16) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Company Titles (Home Units) Act 2013, No. 19/2013

Assent Date:	23.4.13
Commencement Date:	S. 19 on 1.10.13: Special Gazette (No. 337) 24.9.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Consumer Affairs Legislation Amendment Act 2013, No. 57/2013

Assent Date:	22.10.13
Commencement Date:	Ss 9, 10 on 23.10.13: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 38) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 58) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Consumer Affairs Legislation Amendment Act 2014, No. 50/2014

Assent Date:	12.8.14
Commencement Date:	Ss 30–32 on 13.8.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Veterans and Other Acts Amendment Act 2015, No. 12/2015

Assent Date:	21.4.15
Commencement Date:	S. 21(Sch. 1 item 4) on 22.4.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Rooming House Operators Act 2016, No. 26/2016

Assent Date:	10.5.16
Commencement Date:	S. 86 on 26.4.17: Special Gazette (No. 57) 7.3.17 p. 1
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Rural Assistance Schemes Act 2016, No. 39/2016

Assent Date:	28.6.16
Commencement Date:	S. 32 on 30.6.16: s. 2
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Police and Justice Legislation Amendment (Miscellaneous) Act 2016, No. 54/2016

Assent Date:	18.10.16
Commencement Date:	Ss 31–33 on 19.10.16: s. 2(1)
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Estate Agents Amendment (Underquoting) Act 2016, No. 58/2016

Assent Date:	2.11.16
Commencement Date:	Ss 4–12 on 1.5.17: Special Gazette (No. 35) 21.2.17 p. 1
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 84 on 30.8.17: s. 2(1)
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 50) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 11/2020, 25/2020)

Assent Date:	18.9.18
Commencement Date:	S. 370 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018

Assent Date:	25.9.18
Commencement Date:	Ss 53, 54 on 9.6.18: s. 2(3); ss 55, 56 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 14) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Sale of Land Amendment Act 2019, No. 14/2019

Assent Date:	4.6.19
Commencement Date:	S. 30 on 1.3.20: s. 2(5)
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 19) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Estate Agents Act 1980

Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021

Assent Date:	9.2.21
Commencement Date:	Ss 137, 138 on 10.3.21: Special Gazette (No. 110) 10.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, No. 40/2022

Assent Date:	6.9.22
Commencement Date:	Ss 52, 53 on 7.9.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

State Electricity Commission Amendment Act 2024, No. 11/2024

Assent Date:	26.3.24
Commencement Date:	Ss91, 92 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024, No. 17/2024

Assent Date:	21.5.24
Commencement Date:	Ss 3, 4 on 22.5.24: s. 2(1); ss 9−18 on 30.6.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025

Assent Date:	18.3.25
Commencement Date:	Ss 73–82 on 25.11.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

Consumer Legislation Amendment Act 2025, No. 46/2025

Assent Date:	25.11.25
Commencement Date:	Ss 26–28 on 26.11.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Estate Agents Act 1980

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Pt 2A (Heading and ss 6–6C) (repealed): The amendment proposed by section 92 of the State Electricity Commission Amendment Act 2024, No. 11/2024 is not included in this publication due to the earlier repeal of Part 2A by section 10 of the Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024, No. 17/2024.

Section 92 reads as follows:

92Statute law revision

In section 6(2)(d) of the Estate Agents Act 1980, for "Zealand" substitute "Zealand;".