Estate Agents (Exemption) Regulations 2024 (Vic)

Version No. 001

Estate Agents (Exemption) Regulations 2024

S.R. No. 114/2024

Version as at

23 October 2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocations

5Definition

6Exemption for certain corporations

7Exemption for employees of authorised deposit‑taking institutions

8Exemption for persons who arrange short-term letting

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Estate Agents (Exemption) Regulations 2024

S.R. No. 114/2024

Version as at

23 October 2024

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 23 October 2024.

4Revocations

The following Regulations are revoked—

(a)the Estate Agents (Exemption) Regulations 2014[1];

(b)the Estate Agents (Exemption) Amendment Regulations 2015[2].

5Definition

In these Regulations—

the Act means the Estate Agents Act 1980.

6Exemption for certain corporations

(1)A corporation is an exempt person for the purposes of section 5(2)(h) of the Act if the corporation—

(a)carries on the business of an estate agent in relation to the assets of an entity that, in relation to the corporation, is an associated entity within the meaning 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.

(2)In this regulation—

corporation includes an employee of the corporation who is acting in the capacity of an employee of the corporation.

7Exemption for employees of authorised deposit‑taking institutions

An employee of an authorised deposit-taking institution is an exempt person for the purposes of section 5(2)(h) of the Act in carrying out any transaction for that institution.

8Exemption 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 for a period of no more than 90 days is an exempt person for the purposes of section 5(2)(h) of the Act.

(2)For the purpose of subregulation (1), 2 or more consecutive lettings of the same residential property are to be treated as a single letting if each of the lettings is to the same person.

(3)For the purpose of subregulation (2), 2 or more lettings of the same residential property to the same person are to be treated as consecutive lettings 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 2024, S.R. No. 114/2024 were made on 22 October 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 99 of the Estate Agents Act 1980, No. 9428/1980 and came into operation on 23 October 2024: regulation 3.

The Estate Agents (Exemption) Regulations 2024 will sunset 10 years after the day of making on 22 October 2034 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Estate Agents (Exemption) Regulations 2024 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4(a): S.R. No. 189/2014 as amended by S.R. No. 54/2015.

[2] Reg. 4(b): S.R. No. 54/2015.