Estate Agents (Exemption) Regulations 2014 (Vic)
Version No. 001
Estate Agents (Exemption) Regulations 2014
S.R. No. 189/2014
Version incorporating amendments as at
1 July 2015
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Revocation
5Definitions
6Exemption for certain corporations
8Exemption for employees of authorised deposit‑taking institutions
9Exemption for persons who arrange short-term letting
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Estate Agents (Exemption) Regulations 2014
S.R. No. 189/2014
Version incorporating amendments as at
1 July 2015
1Objective
The objective of these Regulations is to exempt certain classes of corporations, employees and persons from the requirement to hold an estate agent's licence in certain circumstances.
2Authorising provision
These Regulations are made under section 99 of the Estate Agents Act 1980.
3Commencement
These Regulations come into operation on 1 July 2015.
4Revocation
The Estate Agents (Exemption) Regulations 2005[1] are revoked.
5Definitions
In these Regulations—
* * * * *
the Act means the Estate Agents Act 1980.
6Exemption for certain corporations
(1)A corporation that—
(a)carries on the business of an estate agent in relation to the assets of an entity that is an associate of the corporation by virtue of section 50AAA of the Corporations Act; and
(b)is an estate agent by reason only of the business carried on by it in relation to those assets; and
(c)when carrying on that business as an estate agent discloses in writing in any advertising or contract relating to those assets its relationship to the owner of those assets—
is an exempt person for the purposes of section 5(2)(h) of the Act.
(2)For the purposes of subregulation (1), corporation includes an employee of the corporation who is acting in the capacity of an employee of the corporation.
* * * * *
8 Exemption for employees of authorised deposit‑taking institutions
An employee of an authorised deposit-taking institution, in carrying out any transaction for that institution, is an exempt person for the purposes of section 5(2)(h) of the Act.
9 Exemption for persons who arrange short-term letting
(1)A person who acts as an estate agent solely in relation to the letting of residential property where the period of each letting is or is to be for a period of 90 days or less is an exempt person for the purposes of section 5(2)(h) of the Act.
(2)Two or more consecutive lettings of the same residential property are to be treated as a single letting for the purpose of subregulation (1) if each of the lettings is to the same person or persons.
(3)For the purpose of subregulation (2), 2 or more lettings of the same residential property to the same person or persons are to be treated as consecutive unless the property is let to another person between those lettings.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Estate Agents (Exemption) Regulations 2014, S.R. No. 189/2014 were made on 29 October 2014 by the Governor in Council under section 99 of the Estate Agents Act 1980, No. 9428/1980 and came into operation on 1 July 2015: regulation 3.
The Estate Agents (Exemption) Regulations 2014 will sunset 10 years after the day of making on 29 October 2024 (see section 5 of the Subordinate Legislation Act 1994).
2 Table of Amendments
This publication incorporates amendments made to the Estate Agents (Exemption) Regulations 2014 by statutory rules, subordinate instruments and Acts.
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Estate Agents (Exemption) Amendment Regulations 2015, S.R. No. 54/2015
Date of Making: 16.6.15 Date of Commencement: 16.6.15
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3 Amendments Not in Operation
Not updated for this publication.
4 Explanatory details
[1] Reg. 4: S.R. No. 169/2005.
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