Fair Trading and Other Justice Legislation Amendment Act 2022 (ACT)

Fair Trading and Other Justice Legislation Amendment Act 2022

A2022-8

Contents

Page

Part 1      Preliminary
1            Name of Act  2
2            Commencement  2
3            Legislation amended  2
Part 2Agents Act 2003
4            New section 7A  3
5            Carrying on business as real estate agentSection 8 (2) (a)  3
6            New section 8 (2) (ca)  3
7           Carrying on business as stock and station agentSection 9 (2)  3
8            New section 11  5
9            Sections 16 and 17  5
10          New section 21  6
11          New sections 23A and 23B  7
12          Division 3.2 heading  8
13          Eligibility for licencesSection 24 (1)  8
14          Section 24 (2) and (3)  9
15          Section 25  9
16          People disqualified from being licensedSection 27 (1)  10
17          Suitability—real estate agentsSection 27A (3) (e)  10
18          Division 3.3 heading  10
19          Advertising intended licence applicationsSection 28 (1)  11
20          Section 28 (2)  11
21          Licence applicationsNew section 29 (1A)  11
22          Decisions on licence applicationsNew section 33 (3A)  11
23          Section 44  12
24          Section 45 heading  12
25          Section 45 (1) (a)  12
26          Section 45 (3)  12
27          Section 46 heading  13
28          Section 46 (1) (a)  13
29          Section 46 (3)  13
30          Section 47 heading  13
31          Section 47 (1) (a)  13
32          Section 47 (3)  14
33          Section 48  14
34          Division 4.2 heading  14
35          Eligibility for registrationSection 49 (1)  15
36          Section 50  15
37          People disqualified from being registeredSection 51 (1)  16
38          Section 51 (1) (a) and (b)  16
39          Section 51A heading  16
40          Section 51A (2)  17
41          Section 51A (3) (d)  17
42          Section 51A (3) (e)  17
43          Division 4.3 heading  17
44          Advertising intended registration applicationsSection 52 (1)  18
45          Section 52 (2)  18
46          Registration applicationsNew section 53 (1A)  18
47          Section 64  18
48          Sections 65 (1) (c) and (f) and 67 (1)  19
49          Sections 69 and 70  19
50          Section 71 heading  22
51          Section 71 (1)  22
52          Division 5.3 heading, except note  22
53          Section 75 heading  23
54          Section 75 (1)  23
55          New section 75A  23
56          Division 5.4 heading  24
57          Section 77 heading  24
58          Section 77 (1)  24
59          Section 85 heading  24
60          Section 85 (1)  24
61          Section 85 (3)  25
62          Section 87 heading  25
63          Section 87 (1)  25
64          Section 87 (2)  25
65          Sections 88 (2) (b) and 89 (1)  25
66          Proposed contracts for sale of residential propertySection 89A (2)  26
67          Division 5.9 heading  26
68          Lending registration certificateSection 98 (1), (2) and (4)  26
69          Part 7 heading  26
70          New section 101  27
71          Meaning of licensed agent—divs 7.2 and 7.3Section 104A  27
72          New section 107A  27
73          Sections 108 and 111 headings  28
74          Payment of unclaimed money to public trustee and guardianSection 124 (3) and (4)  28
75          Division 8.2 heading  28
76          Section 131  28
77          Part 10 heading  29
78          Sections 147 and 148  29
79          Register informationSection 161 (g)  30
80          False or misleading statementsSection 169 (1) (g) and (h)  30
81          Rules of conductSection 171 (1)  30
82          New section 171 (2A)  30
83          New part 22  31
84          Reviewable decisionsSchedule 1, item 5  39
85          Schedule 1, items 11 to 15  40
86          Dictionary, definition of account etc  42
87          Dictionary, new definition of assistant property agent  43
88          Dictionary, definition of carries on business as  43
89          Dictionary, new definitions  43
90          Dictionary, definition of details  44
91          Dictionary, definition of ground for occupational discipline, paragraph (b) 44
92          Dictionary, new definitions  45
93          Dictionary, definitions of licensed agent and licensed business agent     45
94          Dictionary, new definitions  45
95          Dictionary, definition of licensed real estate agent etc  46
96          Dictionary, new definitions  46
97          Dictionary  47
98          Dictionary, definition of stock and station agent service  47
99          Dictionary, definition of stop direction  47
100         Further amendments, mentions of salespeople  48
101         Further amendments, mentions of salesperson  48
102         Further amendments, mentions of licensed  49
Part 3Agents Regulation 2003
103         Act, s 28, s 29 (1) and s 45 do not apply in relation to owners corporation managing agent––Act, s 6 (l)Section 5D (1)  51
104         Section 5D (2)  51
105         Section 5D (2) (b)  51
106         Sections 6 and 7  51
107         Section 7A heading  51
108         Section 7A (1)  52
109         Section 7A (2)  52
110         Sections 8A and 8B  52
111         Qualifications for registration as salesperson—Act, s 50Section 9  52
112         Sections 10 and 10A headings  52
113         Part 4 heading  53
114         Section 13  53
115         Part 6  56
116         Schedules 1 and 2  56
117         Schedule 8, section 8.1  57
118         Schedule 8, part 8.2 heading  57
119         Knowledge of Act and other lawsSchedule 8, section 8.2  58
120         Schedule 8, section 8.2  58
121         To act in accordance with client authoritySchedule 8, section 8.9  58
122         Agency agreements must comply with regulationSchedule 8, new section 8.19 (2)  58
123         Schedule 8, part 8.3 heading  59
124         Schedule 8, part 8.4 heading  59
125         Cooperation about records, access and transferSchedule 8, section 8.53 (1)  59
126         Schedule 8, part 8.5 heading  60
127         Confirmation of specific instructionsSchedule 8, new section 8.60 (3)  60
128         Dictionary, note 3  60
129         Dictionary, note 3  61
130         Dictionary, new definition of agency agreement  61
131         Dictionary, definitions of ANTA and approved  61
132         Dictionary, definition of business, paragraph (b)  61
133         Dictionary, new definitions  62
134         Dictionary  62
Part 4Gaming Machine Act 2004
135         Eligibility of individualsSection 6 (2) (d) (iii) and (iv)  63
136         Section 7  63
137         Computer cabinet access registerSection 71 (2)  65
138         Section 72  66
139         Giving copy of certificate about approved supplierSection 73 (1)  67
140         Section 73 (3)  67
141         Cancellation etc of supplier’s approvalSection 73A (1)  68
142         Application for approval as technicianSection 74 (1) and notes  68
143         Section 74 (2) (b)  68
144         Section 74 (2) (d)  68
145         Approval of techniciansSection 75 (1)  68
146         Section 75 (1) (c)  69
147         Section 75 (4)  69
148         Section 75 (5)  69
149         Section 78  69
150         Cancellation etc of technician’s approvalSection 79 (1) (a)  70
151         Section 79 (1) (b)  70
152         Section 79 (6), definition of approved supplier  70
153         Giving copy of certificate about approved technician or identity cardSection 81 (1)  71
154         Section 81 (2) and (3)  71
155         Section 82  72
156         Renewal of technician’s approvalSection 84 (1) and note  72
157         Approval for repossession—applicationSection 107 (1)  72
158         Conditions on approval to repossess gaming machineSection 109 (1)  73
159         Repossessed gaming machines—amendment of authorisation scheduleSection 109A (1)  73
160         Section 109A (2)  73
161         Contravention of repossession approval conditionsSection 110 (1)  73
162         Section 110 (2)  74
163         Section 121  74
164         Operation to be subject to correct percentage payoutSection 125 (1) (a)  74
165         Section 127  75
166         Section 128  75
167         Interference with gaming machinesSection 129 (5)  76
168         Opening computer cabinetsSection 130 (1) (b)  76
169         Reviewable decisionsSchedule 1, items 22 to 24, column 4  77
170         Schedule 1, items 27 to 29, column 4  77
171         Dictionary, definition of approved supplier  77
Part 5Gaming Machine Regulation 2004
172         CMS AccessSection 26 (2) (a)  78
173         Link equipment in single-user approvalsSection 51 (2) and (3)  78
174         Link equipmentSection 61 (2)  78
175         Section 61 (4)  79
176         Dictionary, note 3  79
Part 6Race and Sports Bookmaking Act 2001
177Offences against Act—application of Criminal Code etc
Section 4A, note 1  80
178         Section 19  80
179         Maximum number of sports bookmaking licences etcSection 24 (1)  81
180         Section 25  81
181         Issue or refusal of sports bookmaking licenceSection 26 (1) and (2)  82
182         Section 26 (3)  82
183         Section 26 (4)  83
184         Section 26 (5)  83
185         Conditions of sports bookmaking licenceSection 27 (2)  83
186         Sports bookmaking licence—entry of particulars in registerSection 28  83
187         Surrender of sports bookmaking licenceSection 31 (1)  84
188         Sections 32 and 33  84
189         Effect of cancellation, surrender or suspension of sports bookmaking licence on agent licenceSection 40 (1) and (2)  84
190         Section 40 (3) (b)  84
191         Section 45 heading  84
192         Section 45 (1) (b)  85
193         How disputes about bets may be resolvedSection 55 (1)  85
194         Section 55 (2)  85
195         Mandatory cancellation of licenceSection 68 (5) and note  85
196         Discretionary penaltiesSection 69 (4) and note  86
197         Section 69 (6)  86
198         Unsigned licences—race bookmakers and race bookmaker’s agentsSection 74  86
199         Section 80 heading  87
200         Section 80 (1) (a) to (c)  87
201         Section 80 (3)  87
202         Section 80 (5) to (7)  88
203         Evidence of licencesSection 85 (1) (b)  88
204         Application of this Act if licence is held by syndicateSection 86  89
205         Meaning of suitability requirements and security guaranteeSection 92 (1) (i)  89
206         Section 92 (2) and (3)  89
207         Internally reviewable decisionsSchedule 1, item 32, column 2  90
208         Dictionary, note 2  90
209         Dictionary, definitions of licensee and person  90
210         Dictionary, definition of security guarantee, paragraph (b)                   90
211         Dictionary, definition of sports bookmaker  90
212         Dictionary, new definition of sports bookmaker’s agent  90
Part 7Race and Sports Bookmaking Regulation 2001
213         Section 3  91
214         Corresponding laws—Act, s 92 (1) (d)Section 7 (b)  92
215         Section 7 (j)  92
Part 8Retirement Villages Act 2012
216         Annual management meeting—chairSection 109 (2), except note  93
217         Meetings of residentsNew section 112 (1A)  93
218         Attendance at meetings of residentsSection 113 (4)  93
219         Certain limitations on proxiesSection 117 (1)  93
220         Method of votingSchedule 1, section 1.3 (1)  94
221         Result of voteSchedule 1, section 1.4 (2)  94
222         Schedule 1, section 1.5  94
223         How special resolution is carriedSchedule 1, section 1.6  94
Part 9Retirement Villages Regulation 2013
224         Appointment of proxies—Act, s 116 (2)Section 23  95
225         Part 11  95
226         Schedule 4, section 4.2  96
227         Election of returning officerSchedule 4, section 4.3 (1) and (2)  96
228         Conduct of written ballotSchedule 4, section 4.4 (1) and (2)  96
229         Schedule 4, part 4.3 heading  97
230         Special resolution—noticeSchedule 4, section 4.8 (1)  97
Schedule 1 Consequential amendments  98
Part 1.1    ACT Civil and Administrative Tribunal Regulation 2009     98
Part 1.2    Civil Law (Sale of Residential Property) Act 2003           99
Part 1.3    Fair Trading (Australian Consumer Law) Act 1992          99
Part 1.4    Legal Profession Act 2006  100
Part 1.5    Magistrates Court (Agents Infringement Notices) Regulation 2003      100

Fair Trading and Other Justice Legislation Amendment Act 2022

A2022-8

An Act to amend fair trading legislation, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

Name of Act
This Act is the Fair Trading and Other Justice Legislation Amendment Act 2022.
Commencement
(1)The following provisions commence on the day after this Act’s notification day:
·     section 3
·     section 110
·     parts 4 to 9.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)The remaining provisions commence on 1 July 2022.
Legislation amended
This Act amends the following legislation:
·     Agents Act 2003
·     Agents Regulation 2003
·     Gaming Machine Act 2004
·     Gaming Machine Regulation 2004
·     Race and Sports Bookmaking Act 2001
·     Race and Sports Bookmaking Regulation 2001
·     Retirement Villages Act 2012
·     Retirement Villages Regulation 2013.
NoteThis Act also amends other legislation (see sch 1).

Part 2Agents Act 2003

New section 7A
insert

7AMeaning of licensed property agent
In this Act:
licensed property agent means—
(a)a licensed business agent; or
(b)a licensed real estate agent; or
(c)a licensed stock and station agent.

Carrying on business as real estate agent
Section 8 (2) (a)
substitute
(a)buying, selling (other than by auction), exchanging, leasing, assigning or otherwise disposing of land;
New section 8 (2) (ca)
insert
(ca)managing property under a lease;
Carrying on business as stock and station agent
Section 9 (2)
substitute
(2)Each of the following is a stock and station agent service:
(a)buying, selling (other than by auction), exchanging, leasing, assigning or otherwise disposing of rural land;
(b)negotiating with, or inducing or attempting to induce, a person to—
(i)buy, sell, exchange, lease, assign or otherwise dispose of rural land; or
(ii)enter into, or make or accept an offer to enter into, a contract to buy, sell, exchange, lease, assign or otherwise dispose of rural land;
(c)introducing a buyer or lessee of rural land to another licensed agent or to the owner, or an agent of the owner, of rural land;
(d)collecting payments under a lease of rural land;
(e)managing rural property under a lease;
(f)buying, selling (including by auction) or otherwise disposing of livestock;
(g)negotiating with , or inducing or attempting to induce, a person to—
(i)buy, sell, auction, exchange or otherwise dispose of livestock; or
(ii)enter into, or make or accept an offer to enter into, a contract to buy, sell, auction, exchange or otherwise dispose of livestock;
(h)providing agistment for livestock or collecting fees for the agistment of livestock;
(i)any other service prescribed by regulation for this section.
New section 11
insert
Carrying on business as land auctioneer
(1)A person carries on business as a land auctioneer if the person provides, or offers to provide, a land auctioneer service for a principal.
(2)Each of the following is a land auctioneer service:
(a)acting as an auctioneer of land, including rural land;
(b)any other service prescribed by regulation for this section.
Sections 16 and 17
substitute
Application—div 3.1
This division does not apply to an administrator appointed under section 139.
Meaning of licensed—div 3.1
In this division:
licensed, in relation to an agent, does not include an agent whose licence is suspended.
New section 21
insert
Land auctioneers must be licensed
(1)A person commits an offence if—
(a)the person is not a licensed land auctioneer; and
(b)the person—
(i)carries on business as a land auctioneer; or
(ii)pretends to be a licensed land auctioneer.
Maximum penalty: 100 penalty units.
(2)Subsection (1) (b) (i) does not apply if the person elects, or is taken, to be 1 or more of the following licensed property agents under section 229, section 230 or section 231:
(a)a class 1 licensed real estate agent;
(b)a class 1 licensed stock and station agent;
(c)a class 2 licensed real estate agent;
(d)a class 2 licensed stock and station agent.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3)An offence against this section is a strict liability offence.
(4)Subsection (2) and this subsection expire on 30 June 2024.
New sections 23A and 23B
in division 3.1, insert

23AClasses of property agent licence
A property agent licence may be a class 1 or class 2 licence.
NoteThe qualifications and experience needed for each class of property agent licence are declared under s 25.

23BProperty agents must have correct class of licence
(1)A person commits an offence if the person—
(a)is not a class 1 licensed agent of a particular kind; and
(b)pretends to be a class 1 licensed agent of that kind.
Maximum penalty: 100 penalty units.
Example
A person is not a class 1 licensed real estate agent but pretends to be a class 1 licensed real estate agent.
(2)A person commits an offence if—
(a)the person is not a class 2 licensed agent of a particular kind; and
(b)pretends to be a class 2 licensed agent of that kind.
Maximum penalty: 100 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
class 1 licensed agent, of a particular kind, means a person who holds a class 1 licence to carry on business as one of the following agents:
(a)a business agent;
(b)a real estate agent;
(c)a stock and station agent.
class 2 licensed agent, of a particular kind, means a person who holds a class 2 licence to carry on business as one of the following agents:
(a)a business agent;
(b)a real estate agent;
(c)a stock and station agent.

Division 3.2 heading
substitute

Division 3.2 Eligibility, qualifications and disqualification—agents

Eligibility for licences
Section 24 (1)
substitute
(1)An individual is eligible to be licensed as an agent if the commissioner for fair trading is satisfied that the individual—
(a)is an adult; and
(b)has the qualifications required under section 25 for—
(i)the kind of licence; and
(ii)for a property agent licence—the class of licence; and
(c)has the experience required under section 25 for—
(i)the kind of licence; and
(ii)for a property agent licence—the class of licence; and
(d)is not disqualified under section 27 (People disqualified from being licensed) or section 51 (People disqualified from being registered).
(1A)For subsection (1) (b), the commissioner for fair trading may decide that a higher qualification, equivalent qualification or substantially equivalent qualification meets the qualifications required under section 25 for—
(a)the kind of licence; and
(b)for a property agent licence—the class of licence.
Section 24 (2) and (3)
after
licensed
insert
as an agent
Section 25
substitute
Qualifications and experience for licences
(1)The commissioner for fair trading may declare the qualifications and experience required for—
(a)a licence, or renewal of a licence, for an agent; and
(b)each class of property agent licence.
(2)A declaration is a disallowable instrument.
(3)A declaration may apply, adopt or incorporate a law of another jurisdiction or instrument as in force from time to time.
(4)The Legislation Act, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or instrument applied, adopted or incorporated under a declaration.
NoteLaws of another jurisdiction and instruments mentioned in s (4) do not need to be notified under the Legislation Act because s 47 (5) and (6) does not apply (see Legislation Act, s 47 (7)).
(5)In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).

People disqualified from being licensed
Section 27 (1)
after 1st mention of
licensed
insert
as an agent
Suitability—real estate agents
Section 27A (3) (e)
omit
salesperson
substitute
assistant real estate agent
Division 3.3 heading
substitute

Division 3.3 Licence procedures and details—agents

Advertising intended licence applications
Section 28 (1)
after 1st mention of
licence
insert
as an agent
Section 28 (2)
substitute
(2)The notice must—
(a)state the kind of licence the person intends to apply for; and
(b)for a property agent licence—state the class of licence the person intends to apply for; and
(c)include any other information prescribed by regulation.
Licence applications
New section 29 (1A)
insert
(1A)An application must be in writing and state—
(a)the kind of licence applied for; and
(b)for a property agent licence—the class of licence applied for.
Decisions on licence applications
New section 33 (3A)
insert
(3A)If the licence is a property agent licence, the licence must state the class of licence.
Section 44
substitute
Meaning of registered—div 4.1
In this division:
registered, in relation to an assistant property agent, does not include an assistant property agent whose registration is suspended.
Section 45 heading
substitute
Assistant real estate agents must be registered
Section 45 (1) (a)
omit
real estate salesperson
substitute
assistant real estate agent
Section 45 (3)
substitute
(3)This section does not apply to the provision of a service by a person who is otherwise licensed or registered to provide the service.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Section 46 heading
substitute
Assistant stock and station agents must be registered
Section 46 (1) (a)
omit
stock and station salesperson
substitute
assistant stock and station agent
Section 46 (3)
substitute
(3)This section does not apply to the provision of a service by a person who is otherwise licensed or registered to provide the service.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Section 47 heading
substitute
Assistant business agents must be registered
Section 47 (1) (a)
omit
business salesperson
substitute
assistant business agent
Section 47 (3)
substitute
(3)This section does not apply to the provision of a service by a person who is otherwise licensed or registered to provide the service.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Section 48
substitute
Assistant property agents must be registered to recover fees etc
(1)A person is not entitled to bring a proceeding to recover salary, or a commission, fee or reward, for a service provided by the person if, in providing the service, the person contravened any of the following provisions:
(a)section 45 (Assistant real estate agents must be registered);
(b)section 46 (Assistant stock and station agents must be registered);
(c)section 47 (Assistant business agents must be registered).
(2)Subsection (1) applies whether or not anyone has been convicted of an offence against section 45, section 46 or section 47.
Division 4.2 heading
substitute

Division 4.2 Eligibility, qualifications and disqualification—assistant property agents

Eligibility for registration
Section 49 (1)
substitute
(1)An individual is eligible to be registered as an assistant property agent if the commissioner for fair trading is satisfied that the individual—
(a)is an adult; and
(b)has the qualifications required under section 50 for the kind of registration; and
(c)has the experience required under section 50 for the kind of registration; and
(d)is not disqualified under section 27 (People disqualified from being licensed) or section 51 (People disqualified from being registered).
(1A)For subsection (1) (b), the commissioner for fair trading may decide that a higher qualification, equivalent qualification or substantially equivalent qualification meets the qualifications required under section 50 for the kind of registration.
Section 50
substitute
Qualifications and experience for registration
(1)The commissioner for fair trading may declare the qualifications and experience required for registration, or renewal of registration, of an assistant property agent.
(2)A declaration is a disallowable instrument.
(3)A declaration may apply, adopt or incorporate a law of another jurisdiction or instrument as in force from time to time.
(4)The Legislation Act, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or instrument applied, adopted or incorporated under a declaration.
NoteLaws of another jurisdiction and instruments mentioned in s (4) do not need to be notified under the Legislation Act because s 47 (5) and (6) does not apply (see Legislation Act, s 47 (7)).
(5)In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
People disqualified from being registered
Section 51 (1)
after 1st mention of
registered
insert
as an assistant property agent
Section 51 (1) (a) and (b)
omit
a real estate salesperson
substitute
an assistant real estate agent
Section 51A heading
substitute

51ASuitability—assistant real estate agents

Section 51A (2)
omit
a real estate salesperson
substitute
an assistant real estate agent
Section 51A (3) (d)
omit
a salesperson
substitute
an assistant real estate agent
Section 51A (3) (e)
omit
salesperson
substitute
assistant real estate agent
Division 4.3 heading
substitute

Division 4.3 Registration procedures and details—assistant property agents

Advertising intended registration applications
Section 52 (1)
after 1st mention of
registration
insert
as an assistant property agent
Section 52 (2)
substitute
(2)The notice must—
(a)state the kind of registration the person intends to apply for; and
(b)include any other information prescribed by regulation.
Registration applications
New section 53 (1A)
insert
(1A)An application must be in writing and state the kind of registration applied for.
Section 64
substitute
Meaning of registered assistant property agent—div 4.4
In this division:
registered assistant property agent means a registered assistant property agent or a former registered assistant property agent.
Sections 65 (1) (c) and (f) and 67 (1)
omit
salesperson’s
substitute
assistant property agent’s
Sections 69 and 70
substitute

68ALicensed agent in charge to have class 1 property agent licence
(1)A person commits an offence if the person—
(a)is responsible for the day-to-day management of a place of business of a licensed property agent; and
(b)is not a class 1 licensed property agent.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)A licensed property agent may be exempted from this section under section 71 (Class 1 licensed property agent to be in charge of business—exemptions).
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

Property agent place of business to have class 1 licensed property agent in charge
(1)A class 1 licensed property agent commits an offence if—
(a)the licensed property agent is an individual; and
(b)the licensed property agent carries on business at 2 or more places of business; and
(c)the licensed property agent does not employ, at each place of business where the licensed property agent is not responsible for the day-to-day management of the business, an individual who—
(i)is a class 1 licensed property agent; and
(ii)is responsible for the day-to-day management of the place of business.
Maximum penalty: 50 penalty units.
(2)A class 2 licensed property agent commits an offence if—
(a)the licensed property agent is an individual; and
(b)the licensed property agent does not employ, at each place of business where the licensed property agent carries on business, an individual who—
(i)is a class 1 licensed property agent; and
(ii)is responsible for the day-to-day management of the place of business.
Maximum penalty: 50 penalty units.
(3)A licensed property agent commits an offence if—
(a)the licensed property agent is a corporation; and
(b)the licensed property agent does not employ, at each place of business where the licensed property agent carries on business, an individual who—
(i)is a class 1 licensed property agent; and
(ii)is responsible for the day-to-day management of the place of business.
Maximum penalty: 50 penalty units.
(4)An offence against this section is a strict liability offence.
(5)A licensed property agent may be exempted from this section under section 71.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
Class 1 licensed property agent to be in charge of 1 place of business
(1)A class 1 licensed property agent commits an offence if the licensed property agent is responsible for the day-to-day management of 2 or more places of business.
Maximum penalty: 50 penalty units.
(2)A class 1 licensed property agent commits an offence if—
(a)the licensed property agent—
(i)is employed to be responsible for the day-to-day management of another licensed property agent’s place of business; and
(ii)provides services for 2 or more licensed property agents at the place; and
(b)the licensed property agents to whom the services are provided are not in partnership with each other.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
(4)A class 1 licensed property agent may be exempted from this section under section 71.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
Section 71 heading
substitute
Class 1 licensed property agent to be in charge of business—exemptions
Section 71 (1)
substitute
(1)The commissioner for fair trading may, in writing, exempt a licensed property agent from the following provisions:
(a)section 68A (Licensed agent in charge to have class 1 property agent licence);
(b)section 69 (Property agent place of business to have class 1 licensed property agent in charge);
(c)section 70 (Class 1 licensed property agent to be in charge of 1 place of business).
Division 5.3 heading, except note
substitute

Division 5.3 Offences—assistant property agents

Section 75 heading
substitute
Licensed property agent may only employ licensed property agent or registered assistant property agent
Section 75 (1)
omit
New section 75A
insert

75AAssistant property agents must not sign agency agreements
(1)A person commits an offence if the person—
(a)is a registered assistant property agent; and
(b)signs an agency agreement.
Maximum penalty: 100 penalty units.
(2)Subsection (1) does not apply if the person is taken to be a registered assistant property agent under section 234.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

(3)An offence against this section is a strict liability offence.
(4)Subsection (2) and this subsection expire on 30 June 2023.
(5)In this section:
agency agreement—see section 100 (1) (a).

Division 5.4 heading
substitute

Division 5.4 Conflicts of interest—real estate and stock and station agents

Section 77 heading
substitute
Licensed real estate and stock and station agents must not act for buyer and seller of land
Section 77 (1)
omit
An agent
substitute
A licensed real estate agent or licensed stock and station agent
Section 85 heading
substitute
Assistant property agents must disclose certain information
Section 85 (1)
omit everything before paragraph (a), substitute
(1)An assistant property agent commits an offence if the assistant property agent—
Section 85 (3)
omit everything before paragraph (a), substitute
(3)An assistant property agent commits an offence if the assistant property agent—
Section 87 heading
substitute
Assistant property agents must not obtain beneficial interest in land
Section 87 (1)
omit
A salesperson
substitute
An assistant property agent
Section 87 (2)
omit
a salesperson
substitute
an assistant property agent
Sections 88 (2) (b) and 89 (1)
omit
salesperson’s
substitute
assistant property agent’s
Proposed contracts for sale of residential property
Section 89A (2)
omit
A salesperson
substitute
An assistant property agent
Division 5.9 heading
substitute

Division 5.9 Other offences—agents and assistant property agents

Lending registration certificate
Section 98 (1), (2) and (4)
omit
salesperson’s
substitute
assistant property agent’s
Part 7 heading
substitute

Part 7Trust accounts—licensed property agents

New section 101
in division 7.1, insert
Meaning of licensed property agent—pt 7
In this part:
licensed property agent includes any of the following:
(a)a person who is no longer a licensed property agent but holds trust money received while licensed;
(b)the personal representative of a licensed property agent who died while holding trust money, if the representative holds the trust money;
(c)the liquidator of a corporation that went into liquidation while being a licensed property agent and holding trust money, if the corporation holds the trust money.
Meaning of licensed agent—divs 7.2 and 7.3
Section 104A
omit
New section 107A
insert

107AAssistant property agents must not withdraw trust money
(1)A registered assistant property agent commits an offence if the assistant property agent withdraws money from a trust account.
Maximum penalty: 100 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
withdraw money—see section 141 (4).

Sections 108 and 111 headings
substitute
Licensed property agents to notify of overdrawn trust accounts
Quarterly statements by licensed property agents
Payment of unclaimed money to public trustee and guardian
Section 124 (3) and (4)
after
licensed
insert
property
Division 8.2 heading
substitute

Division 8.2 Freezing accounts—licensed property agents

Section 131
substitute
Definitions—div 8.2
In this division:
account, for a licensed property agent, means—
(a)a trust account; or
(b)any other account in which the licensed property agent has an interest, including an account that is not a trust account but in which trust money is held.
licensed property agent includes a former licensed property agent or the personal representative of a licensed property agent.
stop direction means a direction under section 132.
Part 10 heading
substitute

Part 10Consumer compensation fund—licensed property agents

Sections 147 and 148
substitute
Definitions—div 10.2
In this division:
claimant—see section 149 (Entitlement to claim compensation).
licensed property agent includes a former licensed property agent.
Application—div 10.2
This division applies in relation to a person who was a licensed property agent only in relation to anything that happened while the person was licensed.
Register information
Section 161 (g)
substitute
(g)any exemption under section 71 (Class 1 licensed property agent to be in charge of business—exemptions);
False or misleading statements
Section 169 (1) (g) and (h)
substitute
(g)an application for an exemption under section 71 (Class 1 licensed property agent to be in charge of business—exemptions);
(h)information or a document required or permitted to be given under part 7 (Trust accounts—licensed property agents);
Rules of conduct
Section 171 (1)
omit
or registered salespeople
substitute
, licensed land auctioneers or registered assistant property agents
New section 171 (2A)
insert
(2A)A licensed land auctioneer must not contravene a rule of conduct applying to the auctioneer.
New part 22
insert

Part 22Transitional—Fair Trading and Other Justice Legislation Amendment Act 2022

Definitions—pt 22
In this part:
additional class 1 training means the following VET course units of competency:
(a)CPPREP5001 (Manage compliance in the property industry);
(b)CPPREP5002 (Establish and monitor property industry trust account management practices);
(c)CPPREP5003 (Manage ethical practice in the property industry);
(d)CPPREP5004 (Manage a safe workplace in the property industry);
(e)CPPREP5005 (Manage teams in the property industry);
(f)CPPREP5006 (Manage operational finances in the property industry);
(g)CPPREP5007 (Develop a strategic business plan in the property industry).
commencement day means the day the Fair Trading and Other Justice Legislation Amendment Act 2022, part 2 commences.
completes additional class 1 training—a person completes additional class 1 training if a registered training organisation issues the person with a statement of attainment or qualification, confirming that the person has satisfied the requirements of the additional class 1 training.
licensed property agent, of a particular kind, means a person who holds a licence to carry on business as 1 of the following agents:
(a)a business agent;
(b)a real estate agent;
(c)a stock and station agent.
owners corporation managing agent—see section 109A (3).
registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
unqualified real estate salesperson means a person—
(a)to whom section 49 (1) (a) and (c) as in force immediately before the commencement day applied; and
(b)who immediately before the commencement day did not have the qualifications prescribed under section 50 as in force immediately before the commencement day.
VET course—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
Licensed agents
(1)This section applies to a person if, immediately before the commencement day, the person was a licensed agent under section 33 of the kind mentioned in table 229, column 2.
(2)On the commencement day, the person is taken to be a class 2 licensed property agent of the kind mentioned in table 229, column 3.

Table 229

column 1 item	column 2 old kind of licensed agent	column 3 new kind and class of licensed property agent
1	licensed business agent	class 2 licensed business agent
2	licensed real estate agent	class 2 licensed real estate agent
3	licensed stock and station agent	class 2 licensed stock and station agent

(3)This section is subject to section 231.

Licensed agents in charge
(1)This section applies if—
(a)immediately before the commencement day, a person was a licensed agent under section 33 of the kind mentioned in table 230, column 2; and
(b)at any time before the commencement day, the person was responsible for the day-to-day management of a place of business of the same kind of licensed agent.
(2)On the commencement day, the person is taken to be a class 1 licensed property agent of the kind mentioned in table 230, column 3.

Table 230

column 1 item	column 2 old kind of licence—licensed agent in charge	column 3 new kind and class of licensed property agent
1	licensed business agent	class 1 licensed business agent
2	licensed real estate agent	class 1 licensed real estate agent
3	licensed stock and station agent	class 1 licensed stock and station agent

(3)The licence of a person taken to be a class 1 licensed property agent under subsection (2) is automatically subject to the condition that the person must complete additional class 1 training before 1 July 2024.

Experienced property agents who elect to become class 1 licensed property agent
(1)This section applies if a person—
(a)is taken to be a class 2 licensed property agent of a particular kind under section 229; and
(b)immediately before the commencement day, had at least 2 years experience as a licensed agent of the same kind.
(2)The person may elect to be a class 1 licensed property agent of that kind.
(3)The licence of a person who elects to be a class 1 licensed property agent under subsection (2) is automatically subject to the condition that the person must complete additional class 1 training on or before 30 June 2024.
(4)A person who elects to be a class 1 licensed property agent must give the commissioner for fair trading written notice about their election.
(5)The notice must be given to the commissioner before 1 July 2023.
Conditional real estate agent licences—acting as auctioneer of land
(1)This section applies to a person if, immediately before the commencement day—
(a)the person was a licensed real estate agent under section 33; and
(b)the licence held by the person was subject to a condition under section 34 that the person act only as an auctioneer of land.
(2)On the commencement day, the person is taken to be a licensed land auctioneer.
(3)The licence of a person taken to be a licensed land auctioneer under subsection (2) is automatically subject to the condition that the person must complete additional auctioneer training before 1 July 2024.
(4)In this section:
additional auctioneer training means the following VET course units of competency:
(a)CPPREP4161 (Undertake pre-auction processes);
(b)CPPREP4162 (Conduct and complete sale by auction);
(c)CPPREP4163 (Complete post-auction process and contract execution).
completes additional auctioneer training—a person completes additional auctioneer training if a registered training organisation issues the person with a statement of attainment or qualification, confirming that the person has satisfied the requirements of the additional auctioneer training.
Conditional stock and station agent licences—acting as auctioneer of rural land
(1)This section applies to a person if, immediately before the commencement day—
(a)the person was a licensed stock and station agent under section 33; and
(b)the licence held by the person was subject to a condition under section 34 that the person act only as an auctioneer of rural land.
(2)On the commencement day, the person is taken to be a licensed land auctioneer.
(3)The licence of a person taken to be a licensed land auctioneer under subsection (2) is automatically subject to the following conditions:
(a)the person act only as an auctioneer of rural land;
(b)the person must complete additional auctioneer training before 1 July 2024.
(4)In this section:
additional auctioneer training—see section 232 (4).
completes, additional auctioneer training—see section 232 (4).
Registered salespeople
(1)This section applies to a person if, immediately before the commencement day, the person was a registered salesperson under section 57 of the kind mentioned in table 234, column 2.
(2)On the commencement day, the person is taken to be a registered assistant property agent of the kind mentioned in table 234, column 3.

Table 234

column 1 item	column 2 old kind of registered salesperson	column 4 new kind of registered assistant property agent
1	registered business salesperson	registered assistant business agent
2	registered real estate salesperson	registered assistant real estate agent
3	registered stock and station salesperson	registered assistant stock and station agent

Unqualified real estate salespeople
(1)This section applies to a person if, immediately before the commencement day, the person was an unqualified real estate salesperson who held registration as a real estate salesperson in the circumstances mentioned in the Agents Regulation 2003, section 8A (1) as in force immediately before the commencement day.
(2)On the commencement day, the person’s registration as a real estate salesperson continues, and is automatically subject to the condition that the registration ends on the earlier of—
(a)the day any of the circumstances mentioned in subsection (1) change; and
(b)31 October 2023.
(3)The provisions of this Act and the Agents Regulation 2003 apply to the person as if a reference to an assistant real estate agent were a reference to a real estate salesperson.
Owners corporation managing agents—licensed agent in charge
(1)This section applies to a person if—
(a)the person was—
(i)immediately before the commencement day, a licensed real estate agent under section 33; and
(ii)at any time before the commencement day, responsible for the day-to-day management of a place of business of an owners corporation managing agent; and
(b)the licence held by the person was subject to a condition under section 34 that the person act only as an owners corporation managing agent.
(2)On the commencement day, the person is taken to be a class 1 licensed real estate agent.
(3)The licence of a person taken to be a class 1 licensed real estate agent under subsection (2) is automatically subject to the following conditions:
(a)the person act only as an owners corporation managing agent;
(b)the person must complete additional class 1 training before 1 July 2024.
Owners corporation managing agents
(1)This section applies to a person if, immediately before the commencement day—
(a)the person was a licensed real estate agent under section 33; and
(b)the licence held by the person was subject to a condition under section 34 that the person act only as an owners corporation managing agent.
(2)On the commencement day—
(a)the person is taken to be a class 2 licensed real estate agent; and
(b)the person’s licence is automatically subject to the condition that the person act only as an owners corporation managing agent.
Transitional regulations
(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Fair Trading and Other Justice Legislation Amendment Act 2022.
(2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
NoteA transitional provision under s (1) continues to have effect after its repeal, however, a modification under s (2) has no ongoing effect after its repeal (see Legislation Act, s 88).
Expiry—pt 22
This part expires on 30 June 2025.
NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Reviewable decisions
Schedule 1, item 5
substitute

36 (2) (b)

refuse to renew licence

licensed agent

Schedule 1, items 11 to 15
substitute

10A	71 (1)	refuse to exempt person from being class 1 licensed property agent	person responsible for management of business of licensed property agent
11	71 (1)	refuse to exempt from having class 1 licensed property agent in charge of business	licensed property agent who owns business
12	71 (1)	refuse to exempt class 1 licensed property agent from requirement to manage not more than 1 business	applicant for exemption owner of each business
13	71 (1)	refuse to exempt class 1 licensed property agent in charge of a business from requirement to not provide service to another agent	applicant for exemption owner of each business
14	71 (2)	put condition on exemption from prohibition on managing, or providing services, to more than 1 business	licensed property agent exempted owner of each business
15	71 (2)	amend a condition on exemption from prohibition on managing, or providing services, to more than 1 business	licensed property agent exempted owner of each business

Dictionary, definition of account etc
substitute
account, for a licensed property agent, for division 8.2 (Freezing accounts—licensed property agents)—see section 131.
agent—
(a)for this Act generally, means a person who carries on business as any of the following:
(i)a business agent;
(ii)a land auctioneer;
(iii)an employment agent;
(iv)a real estate agent;
(v)a stock and station agent; and
(b)for division 3.4 (Occupational discipline—agents)—see section 40.
agents licence means any of the following:
(a)a business agents licence;
(b)a land auctioneers licence;
(c)an employment agents licence;
(d)a real estate agents licence;
(e)a stock and station agents licence.
Dictionary, new definition of assistant property agent
insert
assistant property agent means a person who, as an employee, provides—
(a)a business agent service; or
(b)a real estate agent service; or
(c)a stock and station agent service.
Dictionary, definition of carries on business as
substitute
carries on business as—
(a)a business agent—see section 10; or
(b)an employment agent—see section 12; or
(c)a land auctioneer—see section 11; or
(d)a real estate agent—see section 8; or
(e)a stock and station agent—see section 9.
Dictionary, new definitions
insert
class 1 licensed business agent means a person who holds a class 1 licence as a business agent.
class 1 licensed property agent means—
(a)a class 1 licensed business agent; or
(b)a class 1 licensed real estate agent; or
(c)a class 1 licensed stock and station agent.
class 1 licensed real estate agent means a person who holds a class 1 licence as a real estate agent.
class 1 licensed stock and station agent means a person who holds a class 1 licence as a stock and station agent.
class 2 licensed business agent means a person who holds a class 2 licence as a business agent.
class 2 licensed property agent means—
(a)a class 2 licensed business agent; or
(b)a class 2 licensed real estate agent; or
(c)a class 2 licensed stock and station agent.
class 2 licensed real estate agent means a person who holds a class 2 licence as a real estate agent.
class 2 licensed stock and station agent means a person who holds a class 2 licence as a stock and station agent.
Dictionary, definition of details
omit
(Trust accounts)
substitute
(Trust accounts—licensed property agents)
Dictionary, definition of ground for occupational discipline, paragraph (b)
substitute
(b)for a registered assistant property agent—see section 65.
Dictionary, new definitions
insert
land auctioneer means a person who carries on business as a land auctioneer.
land auctioneer service—see section 11 (2).
Dictionary, definitions of licensed agent and licensed business agent
substitute
licensed agent means an agent who holds a licence, and includes a land auctioneer who holds a licence.
licensed business agent means—
(a)a class 1 licensed business agent; or
(b)a class 2 licensed business agent.
Dictionary, new definitions
insert
licensed land auctioneer means a person who holds a licence as a land auctioneer.
licensed property agent—
(a)for this Act generally—see section 7A; and
(b)for part 7 (Trust accounts—licensed property agents)—see section 101; and
(c)for division 8.2 (Freezing accounts—licensed property agents)—see section 131; and
(d)for division 10.2 (Claims against compensation fund)—see section 147.
Dictionary, definition of licensed real estate agent etc
substitute
licensed real estate agent means—
(a)a class 1 licensed real estate agent; or
(b)a class 2 licensed real estate agent.
licensed stock and station agent means—
(a)a class 1 licensed stock and station agent; or
(b)a class 2 licensed stock and station agent.
registered, in relation to an assistant property agent, for division 4.1 (Assistant property agents to be registered)—see section 44.
Dictionary, new definitions
insert
registered assistant business agent means a person registered under section 57 as an assistant business agent.
registered assistant property agent—
(a)for this Act generally, means—
(i)a registered assistant business agent; or
(ii)a registered assistant real estate agent; or
(iii)a registered assistant stock and station agent; and
(b)for division 4.4 (Occupational discipline—registered assistant property agents)—see section 64.
registered assistant real estate agent means a person registered under section 57 as an assistant real estate agent.
registered assistant stock and station agent means a person registered under section 57 as an assistant stock and station agent.
Dictionary
omit the definitions of
registered business salesperson
registered real estate salesperson
registered salesperson
registered stock and station salesperson
salesperson
Dictionary, definition of stock and station agent service
substitute
stock and station agent service—see section 9 (2).
Dictionary, definition of stop direction
omit
(Freezing accounts)
substitute
(Freezing accounts—licensed property agents)
Further amendments, mentions of salespeople
omit
salespeople
substitute
assistant property agents
in
·     part 4 heading
·     division 4.1 heading
·     section 61 (4)
·     division 4.4 heading
·     sections 65, 66 and 67 headings
·     part 5 heading
·     section 178 (2) (d)
Further amendments, mentions of salesperson
omit
salesperson
substitute
assistant property agent
in
·     section 51 (1) (d) and (j)
·     section 58 (3) (a)
·     section 60 (1)
·     section 61 (1) and (3)
·     section 62 (2)
·     section 63
·     sections 65 and 66
·     section 67 (2)
·     section 72 (1) (b)
·     section 82, definition of obtains a beneficial interest
·     section 87 (1) (a) and (c), (2) (a) (i) and (b)
·     section 88 (2)
·     section 89 (1)
·     section 89A (2) and (3) and examples
·     section 89B
·     section 98
·     section 171 (3)
·     schedule 1, items 8 to 10
Further amendments, mentions of licensed
after
licensed
insert
property
in
·     section 71 (3)
·     section 72 heading
·     section 72 (1) (1st mention)
·     section 72 (3)
·     section 75 (2) (1st mention)
·     section 100
·     section 102 (1) (a) (1st mention)
·     section 102 (2)
·     sections 105 to 108
·     section 111
·     section 113
·     sections 115 to 122
·     section 124 (3) and (4)
·     section 149 (1)
·     section 150 (1) and (3)
·     section 153 (a)
·     section 155 (3)
·     section 159

Part 3Agents Regulation 2003

Act, s 28, s 29 (1) and s 45 do not apply in relation to owners corporation managing agent––Act, s 6 (l)
Section 5D (1)
omit
to only act
substitute
that is subject to the condition that the person act only
Section 5D (2)
omit
Real estate salespeople
substitute
Assistant real estate agents
Section 5D (2) (b)
substitute
(b)the real estate agent’s licence is subject to the condition that the person act only as an owners corporation managing agent.
Sections 6 and 7
omit
Section 7A heading
substitute

7ALicence conditions—professional development—Act, s 34 (1) (a)

Section 7A (1)
omit
licensee
substitute
licensed agent
Section 7A (2)
omit
licensees
substitute
licensed agents
Sections 8A and 8B
omit
Qualifications for registration as salesperson—Act, s 50
Section 9
omit
Sections 10 and 10A headings
substitute
Information to be included in advertisement of intention to apply for registration—Act, s 52 (2) (b)

10ARegistration conditions—professional development—Act, s 58 (1) (a)

Part 4 heading
substitute

Part 4Conduct of licensed agents and registered assistant property agents

Section 13
substitute
Class 1 licensed property agent to be in charge of business—exemptions—Act, s 71 (3)
(1)In deciding whether to exempt a person from the Act, section 68A (Licensed agent in charge to have class 1 property agent licence), or amend or revoke an exemption, the commissioner for fair trading must consider the following matters:
(a)the reasons for the exemption;
(b)the period of the exemption;
(c)the person’s experience as a licensed property agent;
(d)fiduciary safeguards and office systems established, or to be established, to provide for accountability to the licensed property agent in charge;
(e)staffing and office management arrangements established, or to be established, at the place of business;
(f)the person’s record in relation to compliance with the Act or the repealed Act, including compliance with any condition of a licence or registration during the previous 5 years;
(g)employer references (if any) in relation to the person’s experience as a licensed property agent.
(2)In deciding whether to exempt a class 1 licensed property agent from the Act, section 69 (Property agent place of business to have class 1 licensed property agent in charge), or amend or revoke an exemption, the commissioner for fair trading must consider the following matters:
(a)the reasons for the exemption;
(b)the licensed property agent’s experience as a licensed property agent in charge at a place of business of a licensed property agent;
(c)the licensed property agent’s capacity to properly supervise the conduct of business at more than 1 place of business;
(d)office systems or arrangements established, or to be established, at each place of business;
(e)staffing and office management arrangements at each place of business;
(f)whether there is a centralised trust account for the deposit of trust money received in connection with the businesses for which the licensed property agent would be the licensed property agent in charge under the exemption;
(g)the licensed property agent’s record in relation to compliance with the Act or the repealed Act, including compliance with any condition of a licence or registration during the previous 5 years;
(h)employer references (if any) in relation to the licensed property agent’s experience as a licensed property agent in charge.
(3)In deciding whether to exempt a class 1 licensed property agent from the Act, section 70 (Class 1 licensed property agent to be in charge of 1 place of business), or amend or revoke an exemption, the commissioner for fair trading must consider the following matters:
(a)the reasons for the exemption;
(b)the licensed property agent’s experience as a licensed property agent in charge at a place of business of a licensed property agent;
(c)the licensed property agent’s capacity to properly supervise the conduct of business of more than 1 licensed property agent;
(d)fiduciary safeguards and office systems established, or to be established, to provide for accountability to the licensed property agent in charge;
(e)whether separate trust accounts are in place for the deposit of trust money received in connection with the business of each licensed property agent for whom the licensed property agent would act under the exemption;
(f)the licensed property agent’s record in relation to compliance with the Act or the repealed Act, including compliance with any condition of a licence or registration during the previous 5 years;
(g)employer references (if any) in relation to the licensed property agent’s experience as a licensed property agent in charge.

Part 6
substitute

Part 6Miscellaneous

Rules of conduct for licensed agents—Act, s 171 (1)
(1)Schedule 8 sets out the rules of conduct to be observed by licensed agents and registered assistant property agents.
(2)Schedule 8 applies as follows:
(a)part 8.2 applies to all licensed agents and registered assistant property agents (in addition to any other schedule applicable to a particular kind of licensed agent or registered assistant property agent);
(b)part 8.3 applies to licensed real estate agents and registered assistant real estate agents they employ;
(c)part 8.4 applies to licensed stock and station agents and registered assistant stock and station agents they employ;
(d)part 8.5 applies to licensed business agents and registered assistant business agents they employ.
Rules of conduct for licensed land auctioneers—Act, s 171 (1)
A licensed land auctioneer who advertises an auction must include the auctioneer’s name and licence number in the advertisement.
Schedules 1 and 2
omit
Schedule 8, section 8.1
substitute

8.1Definitions—sch 8
In this schedule:
agent includes a registered assistant property agent.
property manager means—
(a)for part 8.2 (General rules applying to all licensed agents and registered assistant property agents)—a person employed by an agent in relation to the management of property to which division 8.3.3 or division 8.4.2 applies; and
(b)for division 8.3.3 (Property management—real estate agents)—a person employed by an agent in relation to the management of property to which the division applies; and
(c)for division 8.4.2 (Property management—stock and station agents)—a person employed by an agent in relation to the management of property to which the division applies.
registered assistant property agent includes a property manager.

Schedule 8, part 8.2 heading
substitute

Part 8.2General rules applying to all licensed agents and registered assistant property agents

Knowledge of Act and other laws
Schedule 8, section 8.2
omit
kind of licence or certificate of registration
substitute
kind and class of licence or kind of registration
Schedule 8, section 8.2
omit
his or her
substitute
their
To act in accordance with client authority
Schedule 8, section 8.9
omit
himself or herself
substitute
themself
Agency agreements must comply with regulation
Schedule 8, new section 8.19 (2)
insert
(2)In this section:
agent does not include a registered assistant property agent.
NoteA registered assistant property agent includes a property manager (see s 8.1).
Schedule 8, part 8.3 heading
substitute

Part 8.3Rules specific to licensed real estate agents and registered assistant real estate agents

Schedule 8, part 8.4 heading
substitute

Part 8.4Rules specific to licensed stock and station agents and registered assistant stock and station agents

Cooperation about records, access and transfer
Schedule 8, section 8.53 (1)
omit
and agent
substitute
an agent
Schedule 8, part 8.5 heading
substitute

Part 8.5Rules specific to licensed business agents and registered assistant business agents

Confirmation of specific instructions
Schedule 8, new section 8.60 (3)
insert
(3)In this section:
agent does not include a registered assistant property agent.
NoteA registered assistant property agent includes a property manager (see s 8.1).
Dictionary, note 3
omit
· agency agreement
· owners corporation managing agent
Dictionary, note 3
insert
·     class 1 licensed property agent
·     land auctioneer
·     licensed agent
·     licensed business agent
·     licensed land auctioneer
·     licensed real estate agent
·     licensed stock and station agent
·     registered assistant business agent
·     registered assistant real estate agent
·     registered assistant stock and station agent
Dictionary, new definition of agency agreement
insert
agency agreement—see the Act, section 100 (1) (a).
Dictionary, definitions of ANTA and approved
omit
Dictionary, definition of business, paragraph (b)
substitute
(b)for schedule 8, part 8.5 (Rules specific to licensed business agents and registered assistant business agents)—see schedule 8, section 8.57.
Dictionary, new definitions
insert
owners corporation managing agent—see the Act, section 109A (3).
registered assistant property agent—
(a)for this regulation generally—see the Act, dictionary; and
(b)for schedule 8 (Rules of conduct)—see schedule 8, section 8.1.
Dictionary
omit the definitions of
registered salesperson
registered training organisation
statement of attainment
unqualified real estate salesperson

Part 4Gaming Machine Act 2004

Eligibility of individuals
Section 6 (2) (d) (iii) and (iv)
omit
Section 7
substitute
Eligibility of corporations
(1)For this Act, a corporation is an eligible person if—
(a)each influential person of the corporation is an eligible person; and
(b)if the corporation is a club—it is an eligible club; and
(c)there is not a disqualifying ground in relation to the corporation.
(2)Each of the following is a disqualifying ground for a corporation:
(a)the corporation is, or at any time in the last 3 years has been, the subject of a winding-up order;
(b)at any time in the last 3 years a controller or administrator has been appointed for the corporation;
(c)the corporation is the subject of an auditor’s opinion that it is not able to pay all of its debts as and when they become due and payable;
(d)the corporation is the subject of an auditor’s adverse opinion or disclaimer of opinion, within the meaning of Auditing Standard ASA 705;
(e)at any time in the last 12 months the corporation had—
(i)an application for approval as a supplier refused, on the basis that the corporation provided false or misleading information, under section 72 (Application and approval of corporation as supplier); or
(ii)approval as a supplier cancelled under section 73A (Cancellation etc of supplier’s approval).
(3)Despite subsection (2), the commission may decide that the corporation is an eligible person even though there is a disqualifying ground in relation to the corporation if satisfied that—
(a)the operation of gaming machines by the corporation would not adversely affect the public; and
(b)it is otherwise in the public interest that the corporation be treated as an eligible person.
(4)In this section:
AUASB—see the Australian Securities and Investments Commission Act 2001 (Cwlth), section 5.
Auditing Standard ASA 705 means Auditing Standard ASA 705 Modifications to the Opinion in the Independent Auditor’s Report made by the AUASB under the Corporations Act, section 336 (1) (Auditing standards).
NoteThe standard is accessible at >
Computer cabinet access register
Section 71 (2)
substitute
(2)If an approved technician or other person authorised in writing by the commission opens or replaces the computer cabinet in a gaming machine on authorised premises, the technician or other person must enter the access details in the computer cabinet access register.
(3)If an authorised officer opens the computer cabinet in a gaming machine on authorised premises, the authorised officer must enter the access details in the computer cabinet access register.
(4)In this section:
access details means the following details:
(a)information that clearly identifies the gaming machine, including the machine’s serial number;
(b)the date when the computer cabinet was opened or replaced;
(c)a description of why the computer cabinet was opened or replaced;
(d)the new computer cabinet seal number that was applied;
(e)the name and signature of the approved technician, other person or authorised officer;
(f)the name and signature of the licensee;
(g)any other information prescribed by regulation.
Section 72
substitute

71AOffence—supply gaming machine etc without supplier approval
A person commits an offence if the person—
(a)supplies any of the following to another person:
(i)a gaming machine;
(ii)peripheral equipment for a gaming machine;
(iii)a system (including a CMS) designed for use with a gaming machine; and

(b)is not an approved supplier.
Maximum penalty: 100 penalty units.

Application and approval of corporation as supplier
(1)A corporation may apply, in writing, for approval as a supplier.
(2)The commission may approve the corporation as a supplier (an approved supplier) if satisfied that—
(a)the corporation intends to supply, install or maintain any of the following:
(i)a gaming machine;
(ii)peripheral equipment for a gaming machine;
(iii)a system (including a CMS) designed for use with a gaming machine; and
(b)each influential person for the corporation is an eligible person; and
(c)the corporation has not, in the last 12 months, provided false or misleading information in an application under subsection (1); and
(d)the corporation satisfies any other requirement prescribed by regulation.
(3)If the commission approves a corporation as a supplier, the commission must give the corporation a certificate stating that the corporation is an approved supplier.
Giving copy of certificate about approved supplier
Section 73 (1)
omit
person
substitute
corporation
Section 73 (3)
omit
to supplier
substitute
to the supplier
Cancellation etc of supplier’s approval
Section 73A (1)
substitute
(1)This section applies if the commission—
(a)stops being satisfied that an approved supplier meets the conditions for approval stated in section 72 (2); or
(b)is satisfied that an approved supplier has contravened this Act.
Application for approval as technician
Section 74 (1) and notes
substitute
(1)An individual may apply, in writing, for approval as a technician for 1 or more approved suppliers.
Section 74 (2) (b)
omit
Section 74 (2) (d)
substitute
(d)a recent passport-size photograph of the applicant.
Approval of technicians
Section 75 (1)
before
suppliers
insert
approved
Section 75 (1) (c)
substitute
(c)the applicant is employed, or will be employed, by each supplier.
Section 75 (4)
omit
a supplier
substitute
an approved supplier
Section 75 (5)
omit
Section 78
substitute
Transfer etc of technician’s approval
(1)An approved technician may apply, in writing, to the commission—
(a)for approval as a technician for another approved supplier (the new supplier); or
(b)to transfer their approval as a technician from 1 approved supplier to another approved supplier (the new supplier).
(2)The application must be accompanied by a written statement by the new supplier stating that the supplier employs, or has offered to employ, the applicant as a technician.
(3)The commission may—
(a)for an application under subsection (1) (a)—approve the technician for the new supplier; or
(b)for an application under subsection (1) (b)—transfer the approval of the technician to the new supplier.
Cancellation etc of technician’s approval
Section 79 (1) (a)
before
supplier
insert
approved
Section 79 (1) (b)
omit
is not an approved supplier and
Section 79 (6), definition of approved supplier
substitute
approved supplier does not include an approved supplier whose approval is suspended.
Giving copy of certificate about approved technician or identity card
Section 81 (1)
substitute
(1)This section applies if—
(a)an approved supplier tells the commission, in writing, about the loss, theft or destruction of a certificate given to the supplier under section 80 (2) (a); or
(b)an approved technician tells the commission, in writing, about the loss, theft or destruction of an identity card given to the technician under section 80 (2) (b).
Section 81 (2) and (3)
omit
person
substitute
supplier or technician
Section 82
substitute
Approved supplier to notify commission if technician no longer employed
(1)An approved supplier commits an offence if the supplier—
(a)stops employing an approved technician; and
(b)does not tell the commission, in writing, within 1 week after the day the supplier stops employing the technician.
Maximum penalty: 5 penalty units.
(2)An offence against this section is a strict liability offence.
Renewal of technician’s approval
Section 84 (1) and note
substitute
(1)An approved technician may apply to the commission for renewal of their approval not later than 1 month, and not earlier than 3 months, before the approval expires.
Approval for repossession—application
Section 107 (1)
omit
a supplier
substitute
an approved supplier
Conditions on approval to repossess gaming machine
Section 109 (1)
omit
person given the approval
substitute
approved repossessor
Repossessed gaming machines—amendment of authorisation schedule
Section 109A (1)
omit
a person enforcing a financial agreement or a supplier
substitute
an approved repossessor
Section 109A (2)
omit
person
substitute
approved repossessor
Contravention of repossession approval conditions
Section 110 (1)
substitute
(1)An approved repossessor must not contravene a requirement of a condition on the approval.
Maximum penalty: 50 penalty units.
Section 110 (2)
omit
person
substitute
approved repossessor
Section 121
substitute
Offence to install gaming machines etc
(1)A person commits an offence if the person—
(a)installs any of the following on authorised premises:
(i)a gaming machine;
(ii)peripheral equipment for a gaming machine;
(iii)a system (including a CMS) designed for use with a gaming machine; and
(b)is not an approved technician.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Operation to be subject to correct percentage payout
Section 125 (1) (a)
omit
approved supplier or
Section 127
substitute
Offences—maximum stake amount
(1)An approved supplier commits an offence if the supplier—
(a)supplies a gaming machine; and
(b)intentionally sets the stake amount for the gaming machine higher than the amount prescribed by regulation under section 49 (Maximum stake amount).
Maximum penalty: 50 penalty units.
(2)An approved technician commits an offence if the technician—
(a)installs a gaming machine; and
(b)intentionally sets the stake amount for the gaming machine higher than the amount prescribed by regulation under section 49.
Maximum penalty: 50 penalty units.
Section 128
substitute
Maintaining gaming machines etc on authorised premises
(1)A person commits an offence if the person—
(a)maintains any of the following on authorised premises:
(i)a gaming machine;
(ii)peripheral equipment for a gaming machine;
(iii)a system (including a CMS) designed for use with a gaming machine; and
(b)is not an approved technician.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Interference with gaming machines
Section 129 (5)
substitute
(5)Subsection (1) does not apply in relation to anything done honestly for the maintenance of a gaming machine by—
(a)an approved technician; or
(b)an authorised officer; or
(c)someone else authorised in writing by the commission.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
Opening computer cabinets
Section 130 (1) (b)
substitute
(b)is not—
(i)an approved technician; or
(ii)an authorised officer; or
(iii)someone else authorised in writing by the commission.
Reviewable decisions
Schedule 1, items 22 to 24, column 4
omit
supplier
substitute
approved supplier
Schedule 1, items 27 to 29, column 4
omit
technician
substitute
approved technician
Dictionary, definition of approved supplier
substitute
approved supplier—see section 72 (Application and approval of corporation as supplier).

Part 5Gaming Machine Regulation 2004

CMS Access
Section 26 (2) (a)
omit
Link equipment in single-user approvals
Section 51 (2) and (3)
substitute
(2)If the link equipment malfunctions, the licensee of the premises must, as soon as practicable, take reasonable steps to arrange for the repair of the equipment by—
(a)an approved technician; or
(b)an authorised officer; or
(c)someone else authorised in writing by the commission.
Link equipment
Section 61 (2)
substitute
(2)If link equipment on authorised premises malfunctions, the permit‑holder must, as soon as practicable, take reasonable steps to arrange for the repair of the equipment by—
(a)an approved technician; or
(b)an authorised officer; or
(c)someone else authorised in writing by the commission.
Section 61 (4)
omit
Dictionary, note 3
omit
· approved supplier

Part 6Race and Sports Bookmaking Act 2001

Offences against Act—application of Criminal Code etc
Section 4A, note 1
insert
· s 19 (Engage in sports bookmaking without licence)
Section 19
substitute
Engage in sports bookmaking without licence
(1)A person commits an offence if the person engages in sports bookmaking.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)Subsection (1) does not apply if the person—
(a)is a sports bookmaker; or
(b)is acting in the course of the person’s duties as a director, officer or employee of a sports bookmaker; or
(c)is a sports bookmaker’s agent acting for the sports bookmaker who applied for their licence.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3)For subsection (1), a race bookmaker does not engage in sports bookmaking only because the race bookmaker receives or negotiates bets on, or in relation to, sports betting events that are races.
Maximum number of sports bookmaking licences etc
Section 24 (1)
substitute
(1)The Minister may, in writing, determine the maximum number of sports bookmaking licences that may be issued by the commission.
Section 25
substitute
Application for sports bookmaking licence
(1)A corporation may apply to the commission for a sports bookmaking licence.
(2)The application must—
(a)be in writing; and
(b)state the name and business address of the corporation; and
(c)state the period for which the licence is sought; and
(d)include a suitability authorisation for each director of the corporation; and
(e)if required under subsection (3)—include a suitability authorisation for any influential shareholder of the corporation; and
(f)be approved by each director of the corporation; and
(g)include anything else prescribed by regulation.
(3)The commission may, in writing, require the corporation to provide a suitability authorisation for an influential shareholder of the corporation.
(4)The commission must not decide the application until the commission has received and considered a police report about the corporation’s directors and any influential shareholder for whom a suitability authorisation has been required under subsection (3).
(5)In this section:
suitability authorisation, for a person, means a written authorisation by the person authorising a police officer to make inquiries, and make a written report to the commission, about the character, and any criminal record, of the person.
Issue or refusal of sports bookmaking licence
Section 26 (1) and (2)
substitute
(1)This section applies if the commission receives a licence application from a corporation under section 25.
(2)The commission must issue a sports bookmaking licence to the corporation if satisfied that the corporation and each director of the corporation meets the suitability requirements.
NoteSuitability requirements—see s 92.

Section 26 (3)
omit
in relation to
substitute
of
Section 26 (4)
omit
anyone mentioned in subsection (2) in relation to the application
substitute
the corporation or a director of the corporation
Section 26 (5)
omit
personally or
Conditions of sports bookmaking licence
Section 27 (2)
omit
the holder of a sports bookmaking licence
substitute
a sports bookmaker
Sports bookmaking licence—entry of particulars in register
Section 28
omit
person
substitute
corporation
Surrender of sports bookmaking licence
Section 31 (1)
omit
The holder of a sports bookmaking licence may surrender the licence
substitute
A sports bookmaker may surrender their licence
Sections 32 and 33
omit
Effect of cancellation, surrender or suspension of sports bookmaking licence on agent licence
Section 40 (1) and (2)
omit
holder of the sports bookmaking licence
substitute
sports bookmaker
Section 40 (3) (b)
substitute
(b)if practicable, the sports bookmaker or former sports bookmaker.
Section 45 heading
substitute
Cancellation of licence on death of licensee or dissolution etc of corporation
Section 45 (1) (b)
omit
How disputes about bets may be resolved
Section 55 (1)
omit
(the bookmaker)
Section 55 (2)
before
bookmaker
insert
race
Mandatory cancellation of licence
Section 68 (5) and note
substitute
(5)If the licensee holds a sports bookmaking licence, the following criteria apply to the licensee:
(a)the corporation, any director of the corporation, or any influential shareholder of the corporation, does not meet the suitability requirements;
(b)the corporation, or any director of the corporation, has engaged in a prohibited act;
(c)the licensee has not paid a fee payable under this Act in relation to the licence within the period it is required to be paid.
NoteFor prohibited act for this subsection, see s (7).
Discretionary penalties
Section 69 (4) and note
substitute
(4)However, the criterion mentioned in subsection (3) (f) does not apply to a sports bookmaking licence.
NoteFor a sports bookmaking licence, see s (6) (b).
Section 69 (6)
substitute
(6)If the licensee holds a sports bookmaking licence, the following criteria also apply:
(a)the licensee has failed to give to the commission a suitability authorisation required under section 80 (5), (6) or (7) (Sports bookmaker to tell commission about certain changes);
(b)the corporation, any director of the corporation, or any influential shareholder of the corporation, has contravened a provision of this Act or a corresponding law, if contravention of the provision is not an offence.
Unsigned licences—race bookmakers and race bookmaker’s agents
Section 74
omit
his or her
substitute
their
Section 80 heading
substitute
Sports bookmaker to tell commission about certain changes
Section 80 (1) (a) to (c)
substitute
(a)the name or business address of the sports bookmaker;
(b)the directors of the sports bookmaker;
(c)the name or business address of any director, or the secretary, of the sports bookmaker;
(d)if the sports bookmaker is a proprietary company—the people who are influential shareholders of the sports bookmaker;
(e)if another corporation is an influential shareholder of the sports bookmaker—the directors, or the people who are influential shareholders, of the other corporation.
Section 80 (3)
substitute
(3)After receiving a notice under subsection (1), the commission may, in writing, require the sports bookmaker to give to the commission, within 14 days or any longer period allowed by the commission, further information in writing about—
(a)the directors, or any stated director, of the sports bookmaker; or
(b)the secretary of the sports bookmaker; or
(c)any stated shareholder who is an influential shareholder of the sports bookmaker.
Section 80 (5) to (7)
substitute
(5)A notice under subsection (1) stating that a person has become a director of the sports bookmaker must include a suitability authorisation for the director.
(6)If a sports bookmaker gives the commission a notice under subsection (1) stating that a person has become an influential shareholder of the sports bookmaker, the commission may, in writing, require the sports bookmaker to provide a suitability authorisation for the influential shareholder.
(7)If a sports bookmaker gives the commission a notice under subsection (1) stating that another corporation (the incoming corporation) has become an influential shareholder of the sports bookmaker, the commission may, in writing, require the sports bookmaker to provide a suitability authorisation for each director of the incoming corporation.
(8)In this section:
suitability authorisation, for a person, means a written authorisation by the person authorising a police officer to make inquiries, and make a written report to the commission, about the character, and any criminal record, of the person.
Evidence of licences
Section 85 (1) (b)
substitute
(b)a stated person was, or was not—
(i)a director of a sports bookmaker; or
(ii)the secretary of a sports bookmaker; or
(iii)an influential shareholder of a sports bookmaker.
Application of this Act if licence is held by syndicate
Section 86
omit
Meaning of suitability requirements and security guarantee
Section 92 (1) (i)
omit
holder of a sports bookmaking licence
substitute
sports bookmaker
Section 92 (2) and (3)
substitute
(2)For subsection (1), each of the following people is a relevant person:
(a)an applicant for a sports bookmaking licence, and any director or influential shareholder of the applicant;
(b)a sports bookmaker, and any director or influential shareholder of the sports bookmaker;
(c)a person nominated in an application for a sports bookmaker’s agent licence;
(d)a sports bookmaker’s agent.
(3)A security guarantee, for the suitability requirements applying to a corporation that applies for, or holds, a sports bookmaking licence, means 1 or more documents that satisfy the commission about the corporation’s ability to cover the corporation’s sports bookmaking losses to the amount applying to the corporation under a determination under section 90.
Internally reviewable decisions
Schedule 1, item 32, column 2
omit
68 (7)
substitute
68 (8)
Dictionary, note 2
insert
· person (see s 160)
Dictionary, definitions of licensee and person
omit
Dictionary, definition of security guarantee, paragraph (b)
omit
person who
substitute
corporation that
Dictionary, definition of sports bookmaker
substitute
sports bookmaker means a corporation that holds a sports bookmaking licence.
Dictionary, new definition of sports bookmaker’s agent
insert
sports bookmaker’s agent means a person who holds a sports bookmaker’s agent licence.

Part 7Race and Sports Bookmaking Regulation 2001

Section 3
substitute
Prescribed particulars for register—Act, s 9 (a)
(1)If the commission issues a race bookmaking licence to a person, the commission must enter the following particulars in the register:
(a)the name and address of the person;
(b)the licence number;
(c)the date the licence was issued;
(d)the period for which the licence was issued;
(e)any conditions imposed on the licence.
(2)If the commission suspends or cancels a race bookmaking licence, the commission must enter details of the suspension (including the period of suspension) or cancellation in the register.
Prescribed particulars for register—Act, s 28 (a)
(1)If the commission issues a sports bookmaking licence to a corporation, the commission must enter the following particulars in the register:
(a)the name and business address of the corporation;
(b)the licence number;
(c)the date the licence was issued;
(d)the period for which the licence was issued;
(e)any conditions imposed on the licence.
(2)If the commission suspends or cancels a sports bookmaking licence, the commission must enter details of the suspension (including the period of suspension) or cancellation in the register.
Corresponding laws—Act, s 92 (1) (d)
Section 7 (b)
substitute
(b)Betting and Racing Act 1998 (NSW);
Section 7 (j)
substitute
(j)Racing and Betting Act 1983 (NT).

Part 8Retirement Villages Act 2012

Annual management meeting—chair
Section 109 (2), except note
substitute
(2)If the operator or representative is required to leave any part of the meeting under section 113 (4), that part of the meeting must be chaired by a resident agreed to by the residents at the meeting.
Meetings of residents
New section 112 (1A)
insert
(1A)A meeting of residents of a retirement village (other than an annual management meeting) must be chaired by a resident agreed to by the residents at the meeting.
Attendance at meetings of residents
Section 113 (4)
substitute
(4)An operator or representative who is attending a meeting of the residents (with the residents’ consent), or attending an annual management meeting of the village, must leave the meeting during any vote that is taken by the residents at the meeting, but may return to the meeting after the vote.
Certain limitations on proxies
Section 117 (1)
omit
(the appointor)
Method of voting
Schedule 1, section 1.3 (1)
omit
including
substitute
other than
Result of vote
Schedule 1, section 1.4 (2)
omit
subsection (1)
substitute
subsection (1) (b)
Schedule 1, section 1.5
substitute

1.5Written ballot required for special resolution
A vote in relation to a measure or action that requires a special resolution must be taken by means of a written ballot conducted in the way prescribed by regulation.

How special resolution is carried
Schedule 1, section 1.6
before
ballot
insert
written

Part 9Retirement Villages Regulation 2013

Appointment of proxies—Act, s 116 (2)
Section 23
omit
chairperson
substitute
chair
Part 11
substitute

Part 11Consent of residents

Conduct of written ballots generally—Act, sch 1, s 1.3 (1) (b)
A written ballot must be conducted in accordance with schedule 4, part 4.2 (Conducting a written ballot).
When written ballot required—Act, sch 1, s 1.3 (2)
(1)The residents of a retirement village may decide, by a show of hands at any meeting at which a particular measure or action is discussed, whether the vote on the measure or action is to be taken by a written ballot.
(2)If 50% or more of the residents present at the meeting decide that the vote is to be taken by a written ballot, the vote must be taken by a written ballot.
NoteA written ballot is also required if a measure or action requires a special resolution (see Act, sch 1, s 1.5).

60AConduct of written ballots for special resolutions—Act, sch 1, s 1.5
A written ballot in relation to a measure or action requiring a special resolution must be conducted in accordance with schedule 4—
(a)part 4.2 (Conducting a written ballot); and
(b)part 4.3 (Additional requirements for special resolution).

Schedule 4, section 4.2
substitute

4.2Application—pt 4.2
This part applies if a written ballot is required at a meeting of residents of a retirement village.
NoteA written ballot may be required under s 60 and is required for a special resolution (see Act, sch 1, s 1.5).

Election of returning officer
Schedule 4, section 4.3 (1) and (2)
substitute
(1)The residents of a retirement village must elect a returning officer for a written ballot by a show of hands at a meeting of the residents.
Conduct of written ballot
Schedule 4, section 4.4 (1) and (2)
substitute
(1)The returning officer for a written ballot must prepare enough ballot papers so that a ballot paper can be given to each qualified voter.
Schedule 4, part 4.3 heading
substitute

Part 4.3Additional requirements for special resolution

Special resolution—notice
Schedule 4, section 4.8 (1)
omit
an action or measure
substitute
a measure or action

Schedule 1Consequential amendments

(see s 3)

Part 1.1ACT Civil and Administrative Tribunal Regulation 2009
[1.1]Section 9 (1) (a) and (b)
omit
salespeople
substitute
assistant property agents

[1.2]Section 9 (1) (e)
omit
salesperson
substitute
assistant property agent

[1.3]Section 9 (4), definition of registered salesperson
substitute
registered assistant property agent—see the Agents Act, dictionary.

Part 1.2Civil Law (Sale of Residential Property) Act 2003
[1.4]Dictionary, definition of agent, paragraph (b)
omit
a real estate salesperson
substitute
an assistant real estate agent

Part 1.3Fair Trading (Australian Consumer Law) Act 1992
[1.5]Section 44 (1) (d)
substitute
(d)the person is a licensed property agent who has contravened, or appears to have contravened, the Agents Act 2003, part 7 (Trust accounts—licensed property agents).

[1.6]Section 44 (5), new definition of licensed property agent
insert
licensed property agent—see the Agents Act 2003, section 7A.

Part 1.4Legal Profession Act 2006
[1.7]Section 16 (4) (b)
omit
salesperson
substitute
assistant property agent

Part 1.5Magistrates Court (Agents Infringement Notices) Regulation 2003
[1.8]Schedule 1, new item 3A
insert

21 (1) (b) (i)

100

1000

[1.9]Schedule 1, items 5 to 8
substitute

5	68A (1)	50	500
6	69 (1)	50	500
7	69 (2)	50	500
8	69 (3)	50	500
8A	70 (1)	50	500
8B	70 (2)	50	500

[1.10]Schedule 1, new item 10A
insert

10A

75A (1)

100

1000

[1.11]Schedule 1, new item 14A
insert

14A

107A (1)

100

500

Endnotes

Presentation speech
Presentation speech made in the Legislative Assembly on 7 April 2022.
Notification
Notified under the Legislation Act on 11 May 2022.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Fair Trading and Other Justice Legislation Amendment Bill 2022, which was passed by the Legislative Assembly on 5 May 2022.
Clerk of the Legislative Assembly
© Australian Capital Territory 2022