South Australia
Land Agents Act 1994
An Act to regulate land agents and their sales representatives and property managers; and for other purposes.
Contents
Part 1—Preliminary
1Short title
3Interpretation
4Meaning of agent
5Commissioner to be responsible for administration of Act
Part 2—Registration and management of agent's business
6Agents to be registered
6ASales representatives to be registered
6ABProperty managers to be registered
6BAuctioneers to be registered
7Application for registration
8Entitlement to be registered as agent
8AEntitlement to be registered as sales representative
8BEntitlement to be registered as sales representative subject to conditions relating to training and supervision
8BAEntitlement to be registered as property manager
8BBEntitlement to be registered as property manager subject to conditions relating to training and supervision
8CEntitlement to be registered as auctioneer
8DReviews
8EPower of Commissioner to require photograph and information
9Duration of registration and annual fee and return
10Incorporated agent's business to be properly managed and supervised
11Each of agent's places of business to be properly managed and supervised
11ARegulations relating to proper management and supervision
11BRegistration card to be carried or displayed
Part 2AA—Suspension or variation of registration in urgent circumstances
11BACommissioner may suspend or impose conditions on registration in urgent circumstances
Part 2A—Cancellation, suspension or variation of registration
11CCommissioner may cancel, suspend or impose conditions on registration
Part 3—Trust accounts and indemnity fund
Division 1—Preliminary
12Interpretation of Part 3
Division 2—Trust accounts
13Receiving and dealing with trust money
14Withdrawal of money from trust account
15Payment of interest on trust accounts to Commissioner
16Appointment of administrator of trust account
17Appointment of temporary manager
18Powers of administrator or temporary manager
19Term of appointment of administrator or temporary manager
20Review of appointment of administrator or temporary manager
21Keeping of records
22Audit of trust accounts
23Appointment of examiner
24Obtaining information for purposes of audit or examination
25ADIs etc to report deficiencies in trust accounts
26Confidentiality
27ADIs etc not affected by notice of trust
28Failing to comply with requirement of administrators etc
Division 3—Indemnity fund
29Indemnity fund
29ADivision of indemnity fund into two parts
30Claims on indemnity fund
31Limitation of claims
32Establishment and determination of claims
33Claims by agents
34Personal representative may make claim
35Review of Commissioner's determination
36Determination, evidence and burden of proof
37Claimant's entitlement to compensation and interest
38Rights of Commissioner
39Insurance in respect of claims against indemnity fund
40Insufficiency of indemnity fund
41Accounts and audit
Part 4—Discipline
42Interpretation of Part 4
43Cause for disciplinary action against agents, sales representatives or property managers
44Complaints
45Hearing by Tribunal
46Participation of assessors in disciplinary proceedings
47Disciplinary action
48Contravention of orders
Part 5—Miscellaneous
48AAdvertisements to include registration number of agent
49Delegations
50Agreement with professional organisation
51Exemptions
52Register
53Commissioner and proceedings before Tribunal
54False or misleading information
55Statutory declaration
56Investigations
57General defence
58Liability for act or default of officer, employee or agent
60Continuing offence
61Prosecutions
62Evidence
63Service of documents
64Annual report
65Regulations
Schedule 2—Transitional provisions
2Transitional provisions—general
3Transitional provisions—mortgage financiers
Schedule 2A—Special provisions relating to G.C. Growden Pty Ltd
1Interpretation
2Entitlement to claim compensation
3Time within which claim must be made
4Establishment…