Property and Stock Agents Act 2002 (NSW)
Licensing and Registration (Uniform Procedures) Amendment Act 2022 No 2 (not commenced)
An Act to provide for the regulation of property and stock agents; to repeal the Property, Stock and Business Agents Act 1941; and for other purposes.
This Act is the Property and Stock Agents Act 2002.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) a real estate agent, or
(b) a stock and station agent, or
(c) a strata managing agent.
(a) an assistant real estate agent, or
(b) an assistant stock and station agent, or
(c) an assistant strata managing agent.
(a) exercises any real estate agent function, or
(b) engages in any other activity that is prescribed by the regulations for the purposes of this definition.
(a) exercises any of the functions of a stock and station agent, or
(b) engages in any other activity that is prescribed by the regulations for the purposes of this definition.
(a) exercises any of the functions of a strata managing agent, or
(b) engages in any other activity that is prescribed by the regulations for the purposes of this definition.
(a) the highest, the lowest, or any bidder is the purchaser, or the first person who claims the property submitted for sale at a certain price named by the person acting as auctioneer is the purchaser, or
(b) there is a competition for the purchase of the property in any way commonly known and understood to be by auction.
(a) who, in the course of trade or business and at an auction (or a proposed auction), acts as an auctioneer or sells for reward (whether monetary or otherwise) any land or any livestock, or
(b) who sells or offers for sale, or who attempts to sell, any land or any livestock by way of auction, or
(c) who engages in any other activity that is prescribed for the purposes of this definition.
See sections 17 (1A) and 31. A class 1 licence is required for an individual to be a licensee in charge of a business.
(a) a lot within the meaning of the Strata Schemes Development Act 2015, and
(b) shares that, under a company title scheme, entitle their holder to the possession of premises.
(a) the Commissioner for Fair Trading, Department of Customer Service, or
(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department.
(a) doing (where the land concerned consists of rural land) any one or more of the things referred to in paragraphs (b)–(e) of the definition of
real estate sale or leasing functions in section 3A, or(b) a livestock transaction, or
(c) inducing or attempting to induce or negotiating with a view to inducing any person to enter into, or to make or accept an offer to enter into, a livestock transaction or a contract for a livestock transaction, or
(d) providing agistment for livestock or collecting of fees for the agistment of livestock, or
(e) any other activity that is prescribed by the regulations for the purposes of this definition.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(Repealed)
Where a person carries on business as a real estate agent and also carries on—
(a) business as an agent for the collection of instalments of principal or interest payable under mortgages of land or under contracts for the sale on terms of land, or
(b) business as an agent for the collection of amounts payable in relation to any premises to a company by a person who is the holder of shares in the company and who, by reason of the person’s holding those shares, is entitled to possession of those premises, or
(b1) business as an agent for the collection of instalments of principal or interest payable under bills of sale given in respect of businesses or professional practices or under contracts for the sale on terms of businesses or professional practices, or
(c) the business of arranging for the erection of buildings for or on behalf of other persons,
a reference in this Act to any such person acting as, or carrying on the business of, a real estate agent includes a reference to that person carrying on business as an agent for the collection of those instalments or amounts or to that person carrying on the business of so arranging for the erection of buildings.
Where a person carries on business as a stock and station agent and also carries on business as an agent for the collection of instalments of principal or interest payable under mortgages of rural land or under contracts for the sale on terms of any such land, a reference in this Act to any such person acting as, or carrying on the business of, a stock and station agent includes a reference to that person carrying on business as an agent for the collection of those instalments.
Notes included in this Act do not form part of this Act.
In this Act,
(a) business agent functions,
(b) on-site residential property manager functions,
(c) real estate sale or leasing functions,
but does not include acting as an auctioneer or agent in respect of any parcel of rural land (unless the regulations otherwise provide) or any other function prescribed by the regulations.
For the purposes of this Act—
(a) selling, buying or exchanging or otherwise dealing with or disposing of businesses or professional practices, or any share or interest in or concerning or the goodwill of, or any stocks connected with, businesses or professional practices, or
(b) negotiating for the sale, purchase or exchange or any other dealing with or disposition of businesses or professional practices, or any share or interest in or concerning or the goodwill of, or any stocks connected with, businesses or professional practices, or
(c) any other function that is prescribed by the regulations for the purposes of this definition.
(a) acting as an agent for giving possession of residential premises under a lease, licence or other contract, or
(b) acting as an agent for collecting bonds, deposits, rents, fees or other charges in connection with any such lease, licence or other contract, or
(c) any other function that is prescribed by the regulations for the purposes of this definition.
(a) acting as an auctioneer of land, or
(b) acting as agent for a real estate transaction, or
(c) acting as agent for inducing or attempting to induce or negotiating with a view to inducing any person to enter into, or to make or accept an offer to enter into, a real estate transaction or a contract for a real estate transaction, or
(d) acting as agent for the introduction, or arranging for the introduction, of a prospective purchaser, lessee or licensee of land to another licensed agent or to the owner, or the agent of the owner, of land, or
(e) acting as agent collecting rents payable in respect of any lease of land and otherwise providing property management services in respect of the leasing of any land, or
(f) any other function in connection with land that is prescribed by the regulations for the purposes of this definition.
This definition is not limited to the selling of land and extends to an agent acting on behalf of the buyer of land (a buyer’s agent).
A person is a
(a) any function of an owners corporation, or
(b) any function of an association, or
(c) any other function that is prescribed by the regulations for the purposes of this definition.
Subsection (1) (a) does not apply to—
(a) a person who—
(i) is the owner of a lot to which the strata scheme for which the owners corporation is constituted relates, or
(ii) is the lessee of a lot to which the leasehold strata scheme for which the owners corporation is constituted relates, or
(iii) is the secretary or treasurer of the strata committee of the owners corporation,
and who exercises or performs only functions of the owners corporation required, by the by-laws in force in respect of the strata scheme or leasehold strata scheme for which the owners corporation is constituted, to be exercised or performed by the secretary or treasurer of that strata committee or of the owners corporation, or
(b) a person who maintains or repairs any property that the owners corporation is required to maintain and keep in repair, or
(c) a person prescribed by the regulations.
Subsection (1) (b) does not apply to—
(a) the proprietor of a lot within the scheme, or
(b) the secretary or treasurer of the association, or
(c) a person who is authorised by the management statement for the scheme to exercise the functions of the secretary or treasurer of the association, or
(d) a person who maintains or repairs any property that the association is required to maintain and keep in repair, or
(e) a person prescribed by the regulations.
The regulations may make provision for or with respect to exempting a specified person, or a person who is a member of a specified class of persons, from the operation of all or specified provisions of this Act in respect of any act or omission by the person in the person’s capacity as agent—
(a) for a specified class of persons, or
(b) in respect of a specified class of activities, or
(c) in respect of activities involving a specified class of property.
The regulations may make provision that is necessary or convenient in connection with an exemption under subsection (1), including provisions for or with respect to any of the following—
(a) imposing liabilities on a person (not necessarily the agent concerned) in respect of pecuniary loss suffered by a person because of a failure by the agent to account for money or other valuable property entrusted to the agent or an employee of the agent in the course of activities to which an exemption under this section applies,
(b) requiring the disclosure of information to the Secretary in connection with the activities of a person pursuant to an exemption under this section,
(c) requiring the obtaining of insurance, including professional indemnity insurance and fidelity guarantee insurance, in connection with the activities of a person pursuant to an exemption under this section,
(d) requirements as to the holding of money on behalf of a party to a transaction in connection with which a person acts as agent pursuant to an exemption under this section,
(e) disclosures to be made by a person acting pursuant to an exemption under this section,
(f) regulating the payment of commission and other remuneration in connection with the activities of a person pursuant to an exemption under this section,
(g) the placing of limitations on the authority of a person to act as agent pursuant to an exemption under this section,
(h) the auditing of compliance with conditions and requirements imposed by the regulations under this section,
(i) modifying the operation of any provision of this Act in its application to the activities of a person pursuant to an exemption under this section,
(j) the payment of fees to the Secretary in connection with an exemption under this section.
The regulations under this section may also create offences punishable by a penalty not exceeding 100 penalty units for any contravention of the regulations under this section or conditions or requirements imposed by those regulations.
Nothing in this section affects the generality of section 230 (2) (g).
This Act does not require a licence to be held by, and does not require a certificate of registration to be held by any person in their capacity as employee of, any of the following—
(a) a Minister of the Crown whether a Minister of the State of New South Wales or of the Commonwealth,
(b) any Government Department of the State of New South Wales or the Commonwealth (including any statutory corporation representing the Crown),
(c) a council within the meaning of the Local Government Act 1993,
(d) any public authority prescribed by the regulations,
(e) any officer or employee of the Crown or of any such Minister, department, corporation, council or authority in the exercise of his or her functions as such officer or employee,
(f) the NSW Trustee and Guardian or any executor, administrator, trustee, liquidator, official receiver, trustee in bankruptcy of a bankrupt’s estate, trustee under a composition or scheme of arrangement or under a deed of arrangement or under a deed of assignment, or manager of an estate appointed under the NSW Trustee and Guardian Act 2009, in the exercise of functions as such,
(g) any person for the purposes of any sale made of Crown lands or other Crown property or for the purposes of any sale of any property made by virtue of any writ or process issued out of any Court or made in obedience to any process issued by any Court or judge or justice for the recovery of any fine, penalty or award, or under any rule, order or decree of any competent Court or made pursuant to the Public Spaces (Unattended Property) Act 2021,
(h) a receiver appointed under this Act, in the exercise of the receiver’s functions under this Act,
(i) the New South Wales Land and Housing Corporation,
(j), (k) (Repealed)
(l) the Aboriginal Housing Office,
(m) a registered community housing provider within the meaning of the Community Housing Providers National Law (NSW), or an organisation for the time being registered under Part 5 of the Aboriginal Housing Act 1998,
(n) a person or organisation, or a person or organisation of a class, prescribed by the regulations as not requiring a licence.
This Act does not prevent any person for the time being entitled to practise as an Australian legal practitioner from exercising any function that, had this Act not been enacted, the person might lawfully have exercised as an Australian legal practitioner.
An exemption under subsection (1) (f) that allows a person to carry on a business lawfully without a licence expires 3 months after the management of the business vests in the person.
This Act does not apply to a sale by auction made for the purposes of or in the course of a fundraising appeal within the meaning of the Charitable Fundraising Act 1991 if the appeal is made, and the proceeds of the sale are applied, in accordance with that Act.
The following persons may exercise business agent functions without the need to hold a licence or certificate of registration—
(a) a person who holds an Australian financial services licence under the Corporations Act,
(b) a person who is an authorised representative of a financial services licensee within the meaning of Chapter 7 of the Corporations Act.
This Act is intended to have extraterritorial application to the extent the legislative powers of the State permit.
Because of the Mutual Recognition Act and subject to that Act—
(a) this Act applies to—
(i) an interstate real estate agent in the same way it applies to the holder of a real estate agent’s licence, and
(ii) an interstate stock and station agent in the same way it applies to the holder of a stock and station agent’s licence, and
(iii) an interstate strata managing agent in the same way it applies to the holder of a strata managing agent’s licence, and
(iv) an interstate auctioneer in the same way it applies to the holder of a licence who is accredited as an auctioneer, and
(v) an interstate assistant real estate agent in the same way it applies to the holder of a certificate of registration as an assistant real estate agent, and
(vi) an interstate assistant stock and station agent in the same way it applies to the holder of a certificate of registration as an assistant stock and station agent, and
(vii) an interstate assistant strata managing agent in the same way it applies to the holder of a certificate of registration as an assistant strata managing agent, and
(b) a reference to a licence includes a reference to the automatic deemed registration of the following—
(i) an interstate real estate agent,
(ii) an interstate stock and station agent,
(iii) an interstate strata managing agent, and
(c) a reference to a certificate of registration includes a reference to the automatic deemed registration of the following—
(i) an interstate assistant real estate agent,
(ii) an interstate assistant stock and station agent,
(iii) an interstate assistant strata managing agent.
This Act must, as far as practicable, be interpreted in a way that is compatible with—
(a) the Mutual Recognition Act, and
(b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
In this section—
An individual must not act as or carry on the business of (or advertise, notify or state that the individual acts as or carries on the business of, or is willing to act as or carry on the business of)—
(a) a real estate agent, unless the individual is the holder of a real estate agent’s licence, or
(b) a stock and station agent, unless the individual is the holder of a stock and station agent’s licence, or
(c) a strata managing agent, unless the person is the holder of a strata managing agent’s licence.
Maximum penalty—100 penalty units.
An individual is not entitled to bring any proceeding in any court or tribunal to recover any commission, fee, gain or reward for any service performed by the individual—
(a) as a real estate agent, unless the individual was the holder of a real estate agent’s licence, or employed the holder of such a licence, at the time of performing the service, or
(b) as a stock and station agent, unless the individual was the holder of a stock and station agent’s licence, or employed the holder of such a licence, at the time of performing the service, or
(c) as a strata managing agent, unless the individual was the holder of a strata managing agent’s licence, or employed the holder of such a licence, at the time of performing the service.
This section applies to an individual whether or not the individual is a member of a partnership.
The fact that a particular activity is an activity for which more than one type of licence may be appropriate does not require the holding of more than one type of licence so long as at least one of the licences that is appropriate to the activity is held.
For the purposes of this section, an individual is not considered to carry on a business merely because the individual is a member of a partnership that carries on that business.
An agent who holds a licence may be known as a licensed agent.
A corporation must not act as or carry on the business of (or advertise, notify or state that the corporation acts as or carries on the business of or is willing to act as or carry on the business of) an agent unless the corporation holds a corporation licence.
Maximum penalty—200 penalty units.
A corporation is not entitled to bring any proceeding in any court to recover any commission, fee, gain or reward for any service performed by the corporation as an agent unless the corporation was the holder of a corporation licence at the time of performing the service.
A person must not do any of the following things unless the person is the holder of a certificate of registration—
(a) be or remain as an assistant agent in the employment of a person licensed (or required to be licensed) under this Act,
(b) represent, whether expressly or impliedly, that the person is an assistant agent,
(c) act as or exercise any of the functions of an assistant agent.
Maximum penalty—100 penalty units.
An employed licensee is not required to hold both a certificate of registration and a licence to allow the licensee lawfully to do anything that, in the absence of this section, the licensee could lawfully do as the holder of the licence.
An assistant agent who holds a certificate of registration may be known as a registered agent.
The regulations may prescribe that specified regulated functions may be exercised—
(a) only by the holder of a licence or by the holder of a licence of a particular class, or
(b) only under the supervision (direct or otherwise) of the holder of a licence or of the holder of a licence of a particular class.
The regulations may provide that a reference to the holder of a licence in a provision of this Act is to be construed as a reference to the holder of a particular class of licence.
The authority granted by a licence or certificate of registration is subject to the regulations.
The holder of a certificate of registration must not act as or exercise any of the functions of an assistant agent unless the person does so as an employee of the holder of a licence under this Act.
The holder of a certificate of registration must not exercise any of the functions of an assistant agent unless he or she does so under the supervision of a person who—
(a) is the licensee in charge of the place of business at which the employee is employed, and
(b) is the holder of a class 1 licence that allows the licensee to exercise that function without contravening this Act.
See Division 2 of Part 3 for requirements for a place at which a business is carried on under a licence to be in the charge of a licensee and for staff to be properly supervised.
The holder of a certificate of registration must not act as an auctioneer, except as permitted by subsection (4).
A person carrying on business as an auctioneer must ensure that the holder of a certificate of registration does not act for or on behalf of the person as an auctioneer, except as permitted by subsection (4).
The holder of a certificate of registration as an assistant stock and station agent may auction livestock if the holder conducts the auction—
(a) as an employee of the holder of a stock and station agent’s licence, and
(b) under the immediate and direct supervision of the holder of a licence that allows the licensee to auction livestock (whether or not that licensee is the licensee in charge of the place of business at which the employee is employed or is the employer of the employee).
Maximum penalty—50 penalty units.
A person carrying on the business of an agent must not make use of the services of another person (a
(a) the person is the holder of a licence that authorises the regulated functions concerned to be exercised by the person, and
(b) the service provider is the holder of a licence or a certificate of registration that authorises the service provider to exercise the regulated functions concerned, and
(c) in the case of a service provider required to hold a certificate of registration to exercise the regulated functions concerned—the service provider is an employee of the person.
Maximum penalty—100 penalty units.
A licensee or registered person must on request at the premises on which the licensee carries on business or exercises functions as a licensee or registered person produce his or her licence or certificate of registration to an authorised officer and permit the authorised officer to inspect the licence or certificate of registration.
Maximum penalty—20 penalty units.
The holder of a licence or certificate of registration must not transfer, let out, hire or lend the licence or certificate of registration to any other person or permit any other person to use the licence or certificate of registration.
Maximum penalty—100 penalty units.
A court that convicts a person for an offence under this section is to order the cancellation of the licence or certificate of registration concerned. The licence or certificate of registration is cancelled on the making of the order.
An individual is eligible to hold a licence only if the Secretary is satisfied that the individual—
(a) is at least 18 years of age, and
(b) is a fit and proper person to hold a licence and each person with whom the individual is in partnership in connection with the business concerned is a fit and proper person to hold a licence, and
(c) has the qualifications required for the issue of the licence or class of licence, and
(d) is not a disqualified person, and
(e) has paid such part of any contribution or levy payable under Part 10 (Compensation Fund) as is due and payable on the granting of the licence.
A corporation is eligible to hold a corporation licence only if the Secretary is satisfied that—
(a) the corporation is a fit and proper person to hold a licence, and
(b) each director of the corporation is a fit and proper person to hold a licence, and
(c) the corporation, and each officer (within the meaning of the Corporations Act) of the corporation, is not a disqualified person, and
(d) at least one of the directors of the corporation holds a licence that a natural person is required to hold to carry on the business that the corporation carries on or proposes to carry on, and
(e) the corporation has paid such part of any contribution or levy payable under Part 10 (Compensation Fund) as is due and payable on the granting of the licence.
A person is eligible to hold a certificate of registration only if the Secretary is satisfied that the person—
(a) is an individual who is at least 16 years of age, and
(b) is a fit and proper person to hold a certificate of registration, and
(c) has the qualifications required for the issue of a certificate of registration of the type concerned, and
(d) is not a disqualified person.
The grounds of disqualification in section 16 (1A) do not disqualify a person from eligibility to hold a certificate of registration.
The requirement that at least one of the directors of a corporation holds a licence that a natural person is required to hold to carry on the business that the corporation carries on or proposes to carry on does not require a director to be accredited as an auctioneer under section 21 merely because the corporation carries on or proposes to carry on the business of an auctioneer.
The qualifications required for the issue of a licence or certificate of registration are such qualifications as the Minister may approve from time to time by order published on the NSW legislation website.
Without limiting the Minister’s power to approve qualifications, the Minister may approve qualifications by reference to any one or more of the following—
(a) the completion of a course of study,
(b) the completion of a period of training in a particular activity,
(c) the attainment of a standard of competency in a particular activity,
(d) satisfaction of professional development requirements,
(e) specified working experience.
Qualifications may be approved for a limited range of activities specified in the approval, so as to enable a person who has those qualifications to be granted a licence or certificate of registration subject to conditions that limit the person to exercising the functions of licensee or certificate of registration holder in relation to that limited range of activities only.
A person does not have the qualifications required for the reissue or restoration of a licence or certificate of registration (as provided by section 26) if the person failed to comply with any condition of the licence or certificate of registration that required the holder to undertake professional development, continuing education or a course of study, unless the Secretary otherwise determines in a particular case.
Different qualifications may be approved for different classes of licence.
A person is a disqualified person for the purposes of this Act if the person—
(a) has a conviction in New South Wales or elsewhere for an offence involving dishonesty that was recorded in the last 10 years, unless the Secretary has determined under subsection (2) that the offence should be ignored, or
(b) has a conviction that was recorded in the last 5 years for an offence under section 13 (Lending of licence or certificate of registration prohibited) of this Act, unless the Secretary has determined under subsection (2) that the offence should be ignored, or
(c)–(e) (Repealed)
(f) is a mentally incapacitated person, or
(g) is disqualified from holding a licence, certificate of registration or other authority under a corresponding Act or is the holder of such a licence, certificate of registration or other authority that is suspended, or
(h) is the holder of a licence, permit or other authority that is suspended under legislation administered by the Minister or is disqualified from holding a licence, permit or other authority under legislation administered by the Minister, or
(i) is in partnership with a person who is a disqualified person, or
(j) is for the time being declared to be a disqualified person under Part 12 (Complaints and disciplinary action), or
(k) is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed, or
(l) has failed to pay a contribution or levy payable by the person under Part 10 (Compensation Fund) and the failure continues, or
(m) has failed to pay an amount due as a debt to the Crown by way of recovery of an amount paid out of the Compensation Fund and the failure continues, or
(n) has failed to pay any monetary penalty payable by the person under Part 12 (Complaints and disciplinary action) or has failed to comply with a direction given by the Secretary under that Part, and the failure continues, or
(o) has failed to comply with the requirements of section 111 to have an audit of the records and documents relating to any trust money carried out within the required time, unless the Secretary determines that in the circumstances that failure should not disqualify the person, or
(p) is in breach of any provision of this Act or the regulations that is prescribed by the regulations as a disqualifying breach.
A person is also a disqualified person for the purposes of this Act (except for the purposes of eligibility to hold a certificate of registration) if the person—
(a) is an undischarged bankrupt, or
(b) at any time in the last 3 years was an undischarged bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit, or
(c) is, or was at any time in the last 3 years, concerned in the management of, or a director of, a Chapter 5 body corporate except in a case of the voluntary winding up of the body corporate, or
(d) is a person—
(i) who was, at any time in the last 3 years, concerned in the management of, or a director of, a body corporate that, within 12 months after the person ceasing to be such a person or director, became a Chapter 5 body corporate except in the case of a voluntary winding up of the body corporate, and
(ii) who failed (while concerned in the management of, or a director of, that body corporate) to take all reasonable steps to avoid the body corporate becoming a Chapter 5 body corporate.
The Secretary may determine that an offence committed by a person should be ignored for the purposes of this section because of the time that has passed since the offence was committed or because of the triviality of the acts or omissions giving rise to the offence.
The Secretary may determine that the factors listed in subsection (1) (h) or (k) should be ignored for the purposes of this section if, on the basis of information provided to the Secretary, the Secretary considers it is appropriate to do so.
The Secretary may exempt a person from the operation of subsection (1A) (a), (b) or (c) by—
(a) certifying, in the case of exemption from subsection (1A) (a), that the Secretary is satisfied that the person took all reasonable steps to avoid the bankruptcy concerned, or
(b) certifying, in the case of exemption from subsection (1A) (b), that the Secretary is satisfied that the person took all reasonable steps to avoid the bankruptcy or other financial difficulties concerned, or
(c) certifying, in the case of exemption from subsection (1A) (c), that the Secretary is satisfied that the person took all reasonable steps (while concerned in the management of, or a director of, the body corporate) to avoid the body corporate becoming a Chapter 5 body corporate.
Subsection (1A) (d) does not operate to make a person a disqualified person unless the Secretary has served a notice on the person giving the person the opportunity to make oral or written submissions to the Secretary within a period (not being less than 14 days) specified in the notice with respect to the grounds on which the person believes he or she took all reasonable steps to avoid the body corporate becoming a Chapter 5 body corporate and the Secretary is satisfied that the person failed to take all such steps.
In determining for the purposes of subsection (2B) or (2C) what reasonable steps could have been taken by a person to avoid a particular outcome, the Secretary is to have regard to the steps that could have been taken by the person from the time that the financial difficulties that gave rise to the outcome first arose.
In this section—
The Secretary may grant the following licences and certificates of registration for the purposes of this Act—
(a) real estate agents’ licences,
(b) stock and station agents’ licences,
(c) strata managing agents’ licences,
(d) corporation licences,
(e) certificates of registration as an assistant real estate agent,
(f) certificates of registration as an assistant stock and station agent,
(g) certificates of registration as an assistant strata managing agent.
A licence (other than a corporation licence) may be granted as a class 1 licence or a class 2 licence.
Part 2 (other than section 10) of the Licensing and Registration (Uniform Procedures) Act
2002 (
For the purpose of applying Part 2 of the applied Act to a licence or certificate of registration—
(a) the Secretary is taken to be the licensing authority, and
(b) the licence or certificate of registration may be amended under section 7 of that Act, and
(c) the licence or certificate of registration may not be transferred under section 8 of that Act, and
(d) in respect of a licence—the references to 2 weeks, 4 weeks and 8 weeks in section 9 (1) (a), (b) and (c) of that Act are each to be read as references to 6 weeks, and
(d1) section 9 of that Act does not have effect in respect of a certificate of registration, and
(e) (Repealed)
(f) an application is not required to be advertised under section 15 of that Act, and
(g) section 21 (4) of that Act does not have effect, and
(h) the reference to 14 days in section 24 (1) of that Act (as to the period within which changed particulars must be notified) is to be read as a reference to 7 days.
Subject to this section, the regulations may make provision for or with respect to such matters concerning a licence or certificate of registration as are relevant to the operation of Part 2 of the applied Act.
An applicant for a licence or certificate of registration must pay the application fee prescribed by the regulations.
(Repealed)
An application must not be granted unless the applicant is eligible to be granted the licence or certificate of registration concerned (as provided by section 14).
A licence or certificate of registration may be granted subject to conditions, including (but not limited to) conditions of the following kind—
(a) a condition prohibiting the holder from exercising functions under the licence or certificate of registration otherwise than as an employee of a licensee whose licence does not contain such a condition,
(b) a condition requiring the holder to undertake or complete a specified course of studies within a specified period of time,
(c) a condition requiring the holder to undertake by way of professional development specified further education or training during the term of the licence or certificate of registration,
(d) a condition prohibiting the holder—
(i) from exercising specified functions, or
(ii) from exercising functions in relation to specified activities, or
(iii) from exercising functions other than specified functions, or
(iv) from exercising functions except in relation to specified activities.
A licence or certificate of registration is subject to the condition that the holder must comply with any continuing professional development requirements issued and notified to the holder by the Secretary from time to time.
Every real estate agent’s licence and stock and station agent’s licence is subject to the condition that the holder of the licence must not act as an auctioneer unless the licensee is accredited as an auctioneer under this section.
The Secretary may accredit the holder of a real estate agent’s licence or stock and station agent’s licence as an auctioneer if the Secretary is satisfied that the holder has such qualifications in connection with the conduct of auctions and the functions of auctioneers as the Secretary may approve from time to time by order published on the NSW legislation website.
Without limiting the Secretary’s power to approve qualifications, the Secretary may approve qualifications by reference to any one or more of the following—
(a) the completion of a course of study,
(b) the completion of a period of training in a particular activity,
(c) the attainment of a standard of competency in a particular activity.
The regulations may make provision for or with respect to requiring the holder of a licence to be insured under a policy of professional indemnity insurance in force with respect to the licensee or his or her employer. It is a condition of a licence that the holder of the licence be insured as required by any such regulations.
In particular, the regulations may require that the policy of insurance be a policy, or a policy of a kind, that is approved by the Minister for the time being by order published in the Gazette.
An order may provide that a policy is an approved policy if the policy complies with either or both of the following—
(a) the policy complies with the conditions set out in the order,
(b) the policy is described in the order by reference to the insurer and the number of the policy or is identified in the order by other specified particulars.
(Repealed)
An application for a licence or for renewal of a licence is to nominate one of the following terms of duration for the licence (the
(a) 1 year,
(b) 3 years,
(c) 5 years.
The Secretary may grant or renew a licence for a shorter term than the nominated term if satisfied that it is in the public interest to do so.
If an application for renewal of a licence has been made but the application is not finally determined by the Secretary before the expiry of the licence, the licence (if not suspended or sooner cancelled) continues in force until the application is finally determined.
If a licence is granted or renewed for the nominated term or a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.
The suspension of a licence does not affect the term of the licence.
This section does not affect the term of any licence granted under this Act and in force immediately before the substitution of this section by the Fair Trading Legislation Amendment (Reform) Act 2018.
An application for the restoration of a licence must be made—
(a) within 3 months of the expiry of the licence, or
(b) within the further period determined by the Secretary on the application of the person seeking the restoration of the licence.
Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of a licence may be made if the Secretary is satisfied that—
(a) in a case where the applicant failed to apply for renewal before the licence expired—the failure to apply for renewal of the licence before it expired was due to inadvertence, or
(b) it is just and equitable to restore the licence.
A licence that has been surrendered or cancelled must not be restored.
An application for the restoration of a licence must—
(a) be made in the approved form (if any), and
(b) be accompanied by the fee prescribed by the regulations, and
(c) nominate a term of duration for the licence.
A licence restored at any time is taken to have been restored from the day on which the licence expired.
Subject to this section, this Act applies to an application for the restoration of a licence in the same way as it applies to an application for a licence.
(Repealed)
If an application for the restoration of an expired licence is duly made, anything done by the holder of the expired licence between its expiry and the determination of the application for restoration (whether the application is granted or refused) is taken to have been done as the holder of a licence, except for the purposes of sections 8 (1), 9 (1) and 10.
The term of duration for a certificate of registration is 4 years.
(Repealed)
The suspension of a certificate of registration does not affect the term of the certificate.
The Secretary may, if satisfied exceptional circumstances exist—
(a) grant a certificate of registration for a term longer than 4 years, or
(b) grant an extension to an existing certificate of registration of up to 12 months so that the certificate has a term longer than 4 years, or
(c) grant a restoration to a certificate of registration for an additional 12 months so that the certificate has a term longer than 4 years.
A grant under subsection (1) may be unconditional or subject to conditions.
The Secretary may require the holder, or former holder, of a certificate of registration to do the following—
(a) make an application for a grant under subsection (1),
(b) make the application within the time required by the Secretary,
(c) make the application in a form approved by the Secretary,
(d) pay the fee prescribed by the regulations for the application.
An application for the restoration of a certificate of registration must be made—
(a) within 3 months of the expiry of the certificate of registration, or
(b) within the further period determined by the Secretary on the application of the person seeking the restoration.
A certificate of registration that has been surrendered or cancelled must not be restored.
For an application for a restoration of a certificate of registration—
(a) anything done by the holder of the expired certificate of registration between its expiry and the determination of the application is taken to have been done as the holder of a certificate of registration, and
(b) if the application is granted—the certificate of registration is taken to have been restored from the day on which the certificate of registration expired.
In this section—
An application for a certificate of registration may not be made within 1 year of the expiry or cancellation of a certificate of registration previously held by the applicant.
A certificate of registration may not be renewed or restored.
A person may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions of the Secretary—
(a) a decision refusing to grant a licence or certificate of registration to the person (including such a decision pursuant to an application for the reissue or restoration of a licence or certificate of registration),
(b) a decision to impose a condition on a licence or certificate of registration of the person.
A licensee must have a registered office within New South Wales.
A licensee who carries on the business of an agent pursuant to a licence or other authorisation under the laws of another State at an office (
The address specified in an application for a licence as the address at which the applicant proposes to carry on business (or, in the case of a licensee carrying on business at more than one place, the address specified in the application as the licensee’s principal place of business) is taken to be the registered office of the licensee.
Notice of any change in the location of the registered office must be lodged by the licensee with the Secretary within the time prescribed by the regulations.
Maximum penalty—50 penalty units.
A licensee must display legibly and conspicuously outside the licensee’s registered office and any other place at which the licensee’s business as a licensee is carried on—
(a) the licensee’s name and description as a licensee, and
(b) a description of the kind of licence or licences held by the licensee.
In addition, a licensee that is a corporation must display legibly and conspicuously—
(a) outside the corporation’s registered office, the name of the person in charge of the corporation’s registered office, and
(b) outside any other place at which the business of the corporation is carried on, the name of the person in charge at that place.
A person must not display or exhibit outside or near the person’s office, house or place of business any sign or other matter that indicates or implies that the office, house or place of business is that of a person licensed as a kind of agent under this Act unless the person is licensed as an agent of that kind.
Maximum penalty—50 penalty units.
A licensee must not, either alone or together with other persons, carry on business as a licensee under a name or advertise or hold out that the licensee carries on business as a licensee under a name unless—
(a) the name consists of the name of the licensee and the name of each other person, if any, with whom the licensee is carrying on, or advertising or holding out that the licensee is carrying on, business as a licensee, or
(b) the name is a business name registered under the Business Names Registration Act 2011 of the Commonwealth in relation to the licensee and each other person, if any, with whom the licensee is carrying on, or advertising or holding out that the licensee is carrying on, business as a licensee.
Maximum penalty—50 penalty units.
The name of a licensee (other than a corporation) consists of the licensee’s full name, or the licensee’s surname (or family name) together with—
(a) the licensee’s other name or names, or
(b) the initial or initials of the licensee’s other name or names, or
(c) a combination of one or more of the licensee’s other name or names and the initial or initials of the licensee’s remaining other name or names, or
(d) the other name or names by which the licensee is commonly known or the initial or initials by which the licensee is commonly known or any combination of one or more of those names or initials.
The name of a licensee that is a corporation consists of the corporate name of the corporation.
The Secretary may, by notice in writing to a licensee, direct that the licensee must not carry on business under a specified business name, being a name that—
(a) is the same as, or is a name closely resembling, the name under which a person who is a disqualified person or whose licence has been cancelled under or in pursuance of this Act was carrying on business immediately before the person became a disqualified person or the person’s licence was cancelled, or
(b) implies or is capable of being construed as implying that the licensee is the successor in the business, or in any way interested or concerned in continuing the business as a licensee, of a person who is a disqualified person or whose licence has been cancelled under or in pursuance of this Act, or
(c) is, in the opinion of the Secretary and in the circumstances of any particular case, undesirable as being contrary to the public interest.
A licensee must not contravene a direction under subsection (4).
Maximum penalty—50 penalty units.
The provisions of this section are intended to operate as referred to in sections 12 (2) (e), 19 (5) and 20 (3) of the Business Names Registration Act 2011 of the Commonwealth.
Section 12 (2) (e) of the Business Names Registration
Act 2011 of the Commonwealth (the
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that an entity does not commit an offence under those sections concerning the inclusion or display of registered business names in written communications and at places of business if the inclusion, use or display of a business name in such a communication or at such a place would be contrary to a law of a State.
An individual who carries on business under a licence other than a class 1 licence must employ an individual (who holds a class 1 licence of a kind that would authorise the employed individual to carry on that business) to be in charge of that business.
A corporation that holds a corporation licence must employ an individual (who holds a class 1 licence of a kind that would authorise the individual to carry on that business) to be in charge of that business.
An individual or corporation that employs the holder of a class 1 licence in accordance with this section must notify the Secretary of the following within 5 business days—
(a) the name and licence number of the holder,
(b) the address of each place of business at which the holder will discharge the holder’s duties as a licensee in charge of the business.
The holder of a class 1 licence who is employed in accordance with this section to be in charge of a business must not exercise functions or provide services on behalf of 2 or more licensees (whether corporations or individuals) unless those licensees are in partnership.
The Secretary may grant a person an exemption from a provision of this section. The exemption may be granted unconditionally or subject to conditions. The Secretary may at any time by notice in writing to a person granted an exemption revoke the exemption or vary the conditions of the exemption.
The regulations may specify the matters to be taken into account by the Secretary in considering whether to grant a person an exemption from a provision of this section.
Maximum penalty—
(a) 200 penalty units in the case of a corporation, or
(b) 100 penalty units in any other case.
A licensee must properly supervise the business carried on by the licensee.
A licensee employed by another licensee (
The requirement to properly supervise the conduct of business includes the following requirements—
(a) a requirement to properly supervise persons engaged in the business,
(b) a requirement to establish procedures designed to ensure that the provisions of this Act and any other laws relevant to the conduct of that business are complied with,
(c) a requirement to monitor the conduct of business in a manner that will ensure as far as practicable that those procedures are complied with.
The Secretary may from time to time issue and notify to licensees guidelines as to what constitutes the proper supervision of the business of a licensee. A failure to comply with the requirements of any such guidelines in connection with the supervision of a business constitutes a failure to properly supervise the business.
A reference in this section to a person who is engaged in a business carried on by a licensee is a reference to a person—
(a) who is engaged in the business as an employee of the licensee, or
(b) who is engaged by the licensee, other than as an employee of the licensee, to provide services in the course of the business, or
(c) whose services are provided to the licensee in the course of the business, other than as an employee of the licensee, under an arrangement entered into by the licensee with another person.
Maximum penalty—
(a) 200 penalty units in the case of a corporation, or
(b) 100 penalty units in any other case.
A licensee must not enter into an arrangement with or act in conjunction with a person that the licensee knows to be an unlicensed person (other than an employee in the licensee’s business as a licensee) whereby the unlicensed person is entitled to a share of the commission, fee, gain or reward payable to the licensee in respect of any transaction by or with him or her as a licensee or generally.
Maximum penalty—
(a) 100 penalty units in the case of a corporation, or
(b) 50 penalty units in any other case.
In this section—
An agreement between licensees to share any commission, fee, gain or reward paid or payable to a licensee in respect of any services performed by him or her as a licensee is unenforceable unless the agreement is in writing, is signed by the licensees and contains such terms (if any) as may be prescribed by the regulations.
Any provision in, or applying to, such an agreement and purporting to exclude, modify or restrict the operation of the terms (if any) required by this section to be contained in the agreement has no force or effect.
A licensee who enters into an agreement a provision of which is unenforceable because of this section is guilty of an offence.
Maximum penalty—50 penalty units.
This section does not apply to—
(a) an agreement between licensees who are in partnership with one another or in the relationship of employer and employee with one another, or
(b) an agreement, transaction, circumstance or person prescribed by the regulations as exempt from this section or an agreement, transaction, circumstance or person of a class or description prescribed by the regulations as exempt from this section, or
(c) an agreement in respect of services relating to commercial land, being land used or intended to be used solely or principally for commercial, business or industrial purposes, but not including land used or intended to be used solely or principally for agricultural or pastoral purposes.
A licensee who enters into a franchising agreement in connection with the conduct of the licensee’s business as licensee must give notice of the agreement to the Secretary. The notice must be in the form approved by the Secretary and must be given within 30 days after the agreement is entered into.
Maximum penalty—100 penalty units.
The franchisor under a franchising agreement must notify the Secretary in writing within 7 days after becoming aware of any failure to account by a licensee who is a party to the franchising agreement.
Maximum penalty—100 penalty units.
In this section—
An action or other proceedings cannot be commenced by a licensee for the recovery of remuneration or any sum as reimbursement for expenses until the expiration of 28 days after a statement of claim has been served on the person to be charged with the remuneration or expenses.
The statement of claim must be in writing, set out the amount claimed and contain details of the services performed by the licensee in respect of which the remuneration or expenses are claimed.
If money has been paid to or is or has been retained by a licensee (out of money received by or paid to the licensee) in respect of any transaction by or with the licensee as a licensee and has been so paid or retained as remuneration or as reimbursement for expenses in connection with the transaction, the person paying the money or the person who would be entitled to the money had the money not been retained, may require the licensee to furnish the person with an itemised account of the transaction in accordance with the regulations.
A requirement by a person under subsection (3) must be in writing.
A person who is served with a statement of claim under this section or is provided with an itemised account of a transaction as provided by this section may apply to the Tribunal for the determination of a consumer claim within the meaning of Part 6A of the Fair Trading Act 1987 in relation to—
(a) the entitlement of the licensee to the whole or any part of the amount specified in the statement of claim or the itemised account, or
(b) whether the whole or any part of the amount is reasonable,
or both.
For the purpose of the application of Part 6A of the Fair Trading Act 1987 to that person, a reference in that Part to a
The Tribunal has jurisdiction to hear and determine any such consumer claim despite—
(a) the terms or conditions of any agreement or contract entered into between the licensee and the applicant, and
(b) the amount being more or less than the maximum amount (if any) of remuneration to which a licensee is entitled under this Act.
This section does not limit Part 6A of the Fair Trading Act 1987.
In this section—
The regulations may prescribe rules of conduct to be observed in the course of the carrying on of business or the exercise of functions under a licence or certificate of registration.
A licensee or registered person who without reasonable excuse contravenes a rule of conduct prescribed for the purposes of this section is guilty of an offence.
Maximum penalty—
(a) for a corporation—1,000 penalty units, or
(b) otherwise—200 penalty units.
(Repealed)
A licensee must notify the Secretary as soon as practicable after becoming aware of any failure to account by the licensee.
Maximum penalty—50 penalty units.
In this section—
A body engaged in the provision of services to agents as an industry association or similar undertaking must notify the Secretary in writing within 7 days after becoming aware of any failure to account by a licensee.
Maximum penalty—100 penalty units.
Without limiting the circumstances in which a person is to be regarded, for the purposes of this Division, as being engaged by a licensee to exercise regulatory functions in the course of the business conducted by the licensee, a person is taken to be so engaged if—
(a) the services of the person are provided to the licensee under an arrangement entered into by the licensee with another person, and
(b) the services are or include exercising regulated functions in the course of the business.
A licensee who employs a person at any place of business of the licensee is responsible, in tort and in contract, for anything done or not done by the person—
(a) within the scope of the employee’s authority, or
(b) for the benefit, or the purported or intended benefit, of the licensee or the licensee’s business.
A licensee must make and keep a record of the name and residential address of each employee that the licensee employs as an assistant agent.
(Repealed)
The licensee must keep the record in the form of a register of employees and that register must be kept at the place of business of the licensee at which the employee is employed or at such other place as the Secretary may approve.
Maximum penalty—50 penalty units.
A licensee must not employ a person in any capacity in connection with the carrying on of the business conducted by the licensee, or engage a person to exercise any regulated functions in the course of the business, if the person—
(a) is a disqualified person (other than a person whose disqualification is on a ground that does not disqualify the person from eligibility to hold a certificate of registration), or
(b) has had his or her licence or certificate of registration suspended or cancelled under this Act (unless a licence or certificate of registration has subsequently been granted to the person and is not suspended or cancelled), or
(c) has had an application for a licence or certificate of registration refused on the ground that the person was not a fit and proper person to hold a licence or certificate of registration (unless a licence or certificate of registration has subsequently been granted to the person and is not suspended or cancelled).
Maximum penalty—50 penalty units.
It is a defence to a prosecution for an offence under this section if the licensee establishes that the licensee did not know, and could not reasonably be expected to have known after diligent inquiry, that the person was a person whose employment or engagement by the licensee was prohibited by this section.
A licensee must notify the Secretary in writing within 7 days after becoming aware that any of the following persons has become a disqualified person—
(a) a person employed by the licensee (other than a person whose disqualification is on a ground that does not disqualify the person from eligibility to hold a certificate of registration),
(b) a person engaged by the licensee, other than as an employee of the licensee, to exercise regulated functions in the course of the business conducted by the licensee.
Maximum penalty—50 penalty units.
A person must notify a licensee within 7 days after the person becomes a disqualified person if the person is—
(a) employed by the licensee (except where the person’s disqualification is on a ground that does not disqualify the person from eligibility to hold a certificate of registration), or
(b) engaged by the licensee, other than as an employee of the licensee, to exercise regulated functions in the course of the business conducted by the licensee.
Maximum penalty—50 penalty units.
The regulations may make provision for or with respect to requiring a real estate agent who provides financial or investment advice to a person in connection with the sale or purchase of land to provide to the person specified information or warnings.
A real estate agent who fails to comply with a requirement of the regulations under this section is guilty of an offence.
Maximum penalty—200 penalty units.
A buyer’s or seller’s agent acting on the sale or purchase of land must disclose the following to the person for whom the agent is acting (
(a) any relationship, and the nature of the relationship (whether personal or commercial), the agent has with anyone to whom the agent refers the client or a prospective buyer for professional services associated with the sale or purchase,
(b) whether the agent derives or expects to derive any consideration, whether monetary or otherwise, from a person to whom the agent has referred the client or a prospective buyer and, if so, the amount or value of the consideration,
(c) the amount, value or nature of any benefit of which the agent is aware that a person to whom the agent has referred the client or a prospective buyer has received, receives, or expects to receive in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the land.
The following are examples of relationships for the purposes of subsection (1) (a)—
(a) a family relationship,
(b) a business relationship, other than a casual business relationship,
(c) a fiduciary relationship,
(d) a relationship in which 1 person is accustomed, or obliged, to act in accordance with the directions, instructions, or wishes of the other.
The following are examples for the purposes of subsection (1) (c) of persons who may receive a benefit—
(a) seller,
(b) finance broker,
(c) financial adviser,
(d) financier,
(e) property valuer,
(f) Australian legal practitioner,
(g) real estate agent.
Maximum penalty—200 penalty units.
Disclosure to a person is effective for the purposes of subsection (1) only if—
(a) it is given to the person in a form approved by the Secretary, and
(b) it is acknowledged by the person in writing on the form, and
(c) it is given and acknowledged at the time the agent refers the client or prospective buyer to a person for professional services associated with the sale or purchase of land and before a contract for the sale of the residential property is entered into.
In this section—
(a) a real estate agent acting for a buyer of land, or
(b) an assistant real estate agent acting for that real estate agent.
(a) a real estate agent acting for the vendor of land, or
(b) an assistant real estate agent acting for that real estate agent.
A licensee must not act in his or her capacity as licensee on behalf of both the buyer and the seller of land at the same time.
A licensee must not enter into agency agreements in respect of the purchase or sale of land if the performance of services by the licensee under the agreements will or can result in the licensee acting in his or her capacity as licensee on behalf of both the buyer and the seller of the land at the same time.
Maximum penalty—
(a) 200 penalty units in the case of a corporation, or
(b) 100 penalty units in any other case.
A real estate agent who is retained by a person (
Maximum penalty—200 penalty units or imprisonment for 2 years, or both.
An assistant real estate agent employed by the real estate agent must not obtain or be in any way concerned in obtaining a beneficial interest in the property.
Maximum penalty—200 penalty units or imprisonment for 2 years, or both.
A person does not contravene this section by obtaining a beneficial interest in property if—
(a) before the person obtains the interest, the client consents in writing in a form approved by the Secretary to the person obtaining the interest, and
(b) the person acts fairly and reasonably in relation to the obtaining of the interest, and
(c) no commission or other reward is payable to the person in relation to the transaction by which the interest is obtained, unless the client consents in writing in a form approved by the Secretary to the commission or other reward being paid.
Without limiting this section, a person is considered to obtain a beneficial interest in property if—
(a) the person or a close relative of the person obtains a beneficial interest in the property, or
(b) a corporation having not less than 100 members and of which the person or a close relative of the person is a member, or a subsidiary of such a corporation, obtains a beneficial interest in the property, or
(c) a corporation of which the person or a close relative of the person is an executive officer obtains a beneficial interest in the property, or
(d) the trustee of a discretionary trust of which the person or a close relative of the person is a beneficiary obtains a beneficial interest in the property, or
The Secretary may, by notice in writing to a person who, because of this clause, holds more than 1 real estate agent’s licence or certificate of registration as an assistant real estate agent, merge those licences or certificates into a single licence or certificate.
Nothing in this clause prevents a person from exercising a function that the person was lawfully authorised to exercise immediately before the commencement of this clause.
Section 111 (1) (b), as substituted by the amending Act, applies only to an auditor’s report completed after that amendment.
Section 196 (3) as substituted by the amending Act extends to permit the suspension of a licence or certificate of registration for more than 60 days even if the grounds for that suspension occurred before that substitution.
In this Part—
Subject to subclause (3), section 26A does not affect the term of a certificate of registration granted under this Act and in force immediately before the commencement day (an
Despite section 26B(2), an application for the renewal of an existing certificate may be made within 6 weeks before the certificate expires and, if renewed, the certificate is no longer an existing certificate for the purposes of this clause.
A certificate of registration as an assistant stock and station agent subject to a condition limiting the holder to activities relating to livestock that was in force immediately before the commencement day is taken to be a licence granted under this Act for the purposes of sections 25, 25A and 26(6) (as inserted by the amending Act) only.
Subclause (3) ceases to apply to a certificate of registration if the certificate is cancelled, surrendered or not restored following its expiry.
Section 26B(1) does not apply to an application for a certificate of registration if—
(a) the application is made within 1 year after the commencement day, and
(b) the applicant previously held a certificate of registration that expired or was cancelled within 1 year before the commencement day.
In this Part—
(a) starting on 18 July 2019, and
(b) ending immediately before the commencement of the amendment Act.
This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—
(a) the person was suffering financial hardship, or
(b) special circumstances existed.
The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.
To remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—
(a) a person who was suffering financial hardship—
(i) during the relevant period, or
(ii) because of events that happened during the relevant period, or
(b) special circumstances—
(i) that existed during the relevant period, or
(ii) that exist because of events that happened during the relevant period.
(Repealed)
Property and Stock Agents Act 2002 No 66 (formerly Property, Stock and Business Agents Act 2002). Second reading speech made: Legislative Assembly, 9.5.2002; Legislative Council, 19.6.2002. Assented to 10.7.2002. Date of commencement, 1.9.2003, sec 2 and GG No 116 of 25.7.2003, p 7445. This Act has been amended by Sch 2.7 to this Act and as follows—
No 97 | Business Names Act 2002. Assented to 29.11.2002. Date of commencement of Sch 1.11, 5.10.2004, sec 2 (4) and GG No 149 of 24.9.2004, p 7607. | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2002. Assented to 29.11.2002. Date of commencement of Sch 1.21, assent, sec 2 (3). | |
No 3 | Conveyancers Licensing Act 2003. Assented to 28.5.2003. Date of commencement of Sch 2.8, 15.12.2006, sec 2 (1) and GG No 175 of 8.12.2006, p 10388. | |
No 4 | Valuers Act 2003. Assented to 28.5.2003. Date of commencement of Sch 1.8, 31.3.2005, sec 2 (1) and GG No 37 of 29.3.2005, p 929. | |
No 40 | Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 1.39, assent, sec 2 (2); date of commencement of Sch 3, assent, sec 2 (1). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 1.25, assent, sec 2 (2). | |
No 55 | Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 1.19, assent, sec 2 (2). | |
No 4 | Property, Stock and Business Agents Amendment Act 2006. Assented to 17.3.2006. Date of commencement, 1.3.2007, sec 2 and GG No 5 of 12.1.2007, p 83. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.44, assent, sec 2 (2). | |
No 48 | Housing Amendment (Community Housing Providers) Act 2007. Assented to 1.11.2007. Date of commencement, 1.5.2009, sec 2 and 2009 (142) LW 1.5.2009. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 2 and 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 23 | Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008. Assented to 11.6.2008. Date of commencement, 22.9.2008, sec 2 and GG No 118 of 19.9.2008, p 9283. | |
No 62 | Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008. Date of commencement of Schs 1.26 and 3, assent, sec 2 (2). | |
No 114 | Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008. Date of commencement of Sch 2.22, assent, sec 2 (2). | |
No 49 | NSW Trustee and Guardian Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW 1.7.2009. | |
No 54 | Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2010, sec 2 and 2010 (248) LW 18.6.2010. | |
No 103 | Personal Property Securities (Commonwealth Powers) Amendment Act 2009. Assented to 14.12.2009. Date of commencement of Sch 2.3, 13.8.2010, sec 2 (2) and 2010 (422) LW 13.8.2010. | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 42 | Residential Tenancies Act 2010. Assented to 17.6.2010. Date of commencement, 31.1.2011, sec 2 and 2010 (658) LW 3.12.2010. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 3, 7.1.2011, sec 2 (2). | |
No 2 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2011. Assented to 10.5.2011. Date of commencement, assent, sec 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011. Date of commencement of Schs 2.40 and 4, 8.7.2011, sec 2 (2). | |
No 44 | Business Names (Commonwealth Powers) Act 2011. Assented to 20.9.2011. Date of commencement of Sch 3, 28.5.2012, sec 2 and 2012 (209) LW 25.5.2012. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Schs 1 and 3, 6.1.2012, sec 2 (1). | |
No 59 | Community Housing Providers (Adoption of National Law) Act 2012. Assented to 28.8.2012. Date of commencement, 1.1.2014, sec 2 (1) and 2013 (674) LW 6.12.2013. | |
No 97 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2012. Assented to 26.11.2012. Date of commencement, 11.1.2013, sec 2 and 2012 (629) LW 14.12.2012. | |
No 3 | Property, Stock and Business Agents Amendment Act 2013. Assented to 4.3.2013. Date of commencement of Sch 1, 1.7.2013, sec 2 and 2013 (327) LW 28.6.2013. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 1.21, 5.7.2013, sec 2 (1). | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2 (1). | |
No 97 | Residential (Land Lease) Communities Act 2013. Assented to 20.11.2013. Date of commencement of Sch 3.11 [1] and [2], 1.11.2015, sec 2 and 2015 (446) LW 7.8.2015; Sch 3.11 [3] was without effect as the provision being amended was amended by the Civil and Administrative Legislation (Repeal and Amendment) Act 2013 No 95. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.21, 3.1.2014, sec 2 (1). | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 1.11, 4.7.2014, sec 2 (1). | |
No 12 | Fair Trading Legislation (Repeal and Amendment) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 2, 1.10.2015, sec 2 (2) and 2015 (442) LW 31.7.2015. | |
No 31 | Property, Stock and Business Agents Amendment (Underquoting Prohibition) Act 2015. Assented to 22.10.2015. Date of commencement, 1.1.2016, sec 2 and 2015 (796) LW 18.12.2015. | |
No 48 | Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015. Date of commencement of Sch 1, 1.3.2016, sec 2 (2) and 2015 (798) LW 18.12.2015. | |
No 50 | Strata Schemes Management Act 2015. Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. | |
No 51 | Strata Schemes Development Act 2015. Assented to 5.11.2015. Date of commencement, 30.11.2016, sec 2 and 2016 (658) LW 4.11.2016. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
No 60 | Regulatory and Other Legislation (Amendments and Repeals) Act 2016. Assented to 14.11.2016. Date of commencement of Sch 1, 16.12.2016, sec 2 (2) and 2016 (744) LW 9.12.2016. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
No 25 | Electronic Transactions Legislation Amendment (Government Transactions) Act 2017. Assented to 27.6.2017. Date of commencement, assent, sec 2. | |
No 5 | Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018. Date of commencement of Sch 1, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019. | |
No 43 | Fair Trading Legislation Amendment (Consumer Guarantee Directions) Act 2018. Assented to 21.8.2018. Date of commencement of Sch 2, 11.10.2018, sec 2 and 2018 (578) LW 11.10.2018. | |
No 65 | Fair Trading Legislation Amendment (Reform) Act 2018. Assented to 31.10.2018. Date of commencement of Sch 2.12, 23.3.2020, sec 2(2) and 2019 (624) LW 16.12.2019; date of commencement of Sch 3.4, 1.2.2020, sec 2(2) and 2019 (634) LW 20.12.2019; date of commencement of Sch 5.2 [1] and [3]–[6], 1.7.2019, sec 2 (2) and 2019 (270) LW 28.6.2019; date of commencement of Sch 5.2 [2], 28.2.2019, sec 2 (2) and 2019 (115) LW 28.2.2019; date of commencement of Schs 6.4, 7.12 and 9.3, assent, sec 2 (1). | |
No 23 | Better Regulation Legislation Amendment Act 2019. Assented to 26.11.2019. Date of commencement of Sch 1.8[1] [2], 23.3.2020, sec 2(3) and 2019 (624) LW 16.12.2019; date of commencement of Sch 1.8[3] [4], 23.3.2020, sec 2(2) and 2019 (623) LW 16.12.2019. | |
No 3 | Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 5 | COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.24, assent, sec 2(1). | |
No 25 | Better Regulation Legislation Amendment Act 2020. Assented to 28.9.2020. Date of commencement of Sch 7.3, assent, sec 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.34, 11.12.2020, sec 2(3). | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
No 7 | Community Land Management Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 4 | Customer Service Legislation Amendment Act 2024. Assented to 19.2.2024. Date of commencement of Sch 3, assent, sec 2(b). | |
No 25 | Better Regulation, Fair Trading and Other Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 65 | Strata Managing Agents Legislation Amendment Act 2024. Assented to 30.9.2024. Date of commencement of Sch 5[1]–[3] and [5]–[9], 8.11.2024, sec 2 and 2024 (559) LW 8.11.2024; date of commencement of Sch 5[4], 3.2.2025, sec 2 and 2024 (559) LW 8.11.2024. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Schs 1 and 4, assent, sec 2(b). | |
No 17 | Automatic Mutual Recognition Legislation Amendment Act 2025. Assented to 2.4.2025. Date of commencement, 1.7.2025, sec 2 and 2025 (274) LW 20.6.2025. | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 3, assent, sec 2(e). |
Long title | Am 2018 No 5, Sch 1[1]. |
Sec 1 | Am 2018 No 5, Sch 1[2]. |
Sec 3 | Am 2008 No 23, Sch 3.38 [1]; 2010 No 19, Sch 3.83 [1]; 2011 No 62, Sch 1.12 [1]; 2013 No 95, Sch 4.30 [1]; 2015 No 50, Sch 4.19 [1]; 2015 No 51, Sch 9.15; 2016 No 27, Sch 2.35 [2]; 2016 No 60, Sch 1 [1]; 2018 No 5, Sch 1[3]–[7]; 2021 No 6, Sch 5.14; 2022 No 59, Sch 3.54[1] [2]; 2024 No 25, Sch 3.4; 2025 No 48, Sch 3.7. |
Secs 3A, 3B | Ins 2018 No 5, Sch 1[8]. |
Sec 5 | Am 2007 No 48, Sch 2.1; 2008 No 62, Sch 3.6 [1]; 2009 No 49, Sch 2.48 [1] [2]; 2012 No 59, Sch 2.2; 2016 No 27, Sch 2.35 [3]; 2018 No 5, Sch 1[9]; 2024 No 82, Sch 4.9. |
Sec 6 | Rep 2018 No 5, Sch 1[10]. Ins 2025 No 17, Sch 4[1]. |
Sec 7 | Rep 2002 No 66, Sch 2.7 [1]. Ins 2025 No 17, Sch 4[1]. |
Sec 8 | Am 2007 No 27, Sch 1.44 [1]; 2008 No 114, Sch 2.22; 2018 No 5, Sch 1[11]–[13]. |
Sec 10 | Am 2016 No 60, Sch 1 [2]; 2018 No 5, Sch 1[14] [15]. |
Sec 10A | Ins 2018 No 5, Sch 1[16]. |
Sec 11 | Am 2003 No 82, Sch 1.25 [1]; 2013 No 3, Sch 1 [1]; 2016 No 60, Sch 1 [3] [4]; 2018 No 5, Sch 1[17]–[19]. |
Sec 11A | Ins 2016 No 60, Sch 1 [5]. |
Sec 13 | Am 2009 No 103, Sch 2.3. |
Sec 14 | Am 2006 No 4, Sch 1 [1] [2]; 2007 No 27, Sch 1.44 [2]; 2008 No 114, Sch 2.22; 2018 No 5, Sch 1[20]. |
Sec 15 | Am 2010 No 119, Sch 3.10; 2018 No 5, Sch 1[21] [22]. |
Sec 16 | Am 2006 No 4, Sch 1 [3]–[6]; 2007 No 27, Sch 1.44 [3]–[6]; 2013 No 3, Sch 1 [2]; 2013 No 111, Sch 3.21; 2018 No 65, Schs 3.4, 5.2 [1]; 2018 No 5, Sch 1[23] [24]; 2022 No 59, Sch 2.35 [1]–[3]. |
Sec 17 | Subst 2002 No 66, Sch 2.7 [2] (am 2002 No 112, Sch 1.21 [2]). Am 2018 No 5, Sch 1[25]; 2018 No 65, Sch 2.12[1] [2]; 2019 No 23, Sch 1.8[1] [2]. |
Sec 17A | Ins 2002 No 66, Sch 2.7 [2]. Subst 2025 No 17, Sch 4[2]. |
Sec 18 | Rep 2002 No 66, Sch 2.7 [3]. |
Sec 19 | Subst 2002 No 66, Sch 2.7 [3] (am 2002 No 112, Sch 1.21 [3]). |
Sec 20 | Am 2018 No 5, Sch 1[26] [27]; 2019 No 23, Sch 1.8[3]. |
Sec 21 | Am 2010 No 119, Sch 3.10. |
Sec 23 | Rep 2018 No 5, Sch 1[28]. |
Sec 24 | Rep 2002 No 66, Sch 2.7 [3]. |
Sec 25 | Am 2002 No 66, Sch 2.7 [4]. Subst 2018 No 65, Sch 2.12[3]. |
Sec 25A | Ins 2018 No 65, Sch 2.12[3]. |
Sec 26 | Am 2002 No 66, Sch 2.7 [5] (am 2002 No 112, Sch 1.21 [4]); 2018 No 65, Sch 2.12[4]. |
Sec 26A | Ins 2018 No 65, Sch 2.12[4A]. Am 2024 No 82, Sch 1.16. |
Sec 26AA | Ins 2024 No 4, Sch 3. |
Sec 26B | Ins 2018 No 65, Sch 2.12[4A]. |
Sec 27 | Am 2013 No 95, Sch 2.120 [1]. |
Sec 30 | Am 2002 No 97, Sch 1.11; 2011 No 44, Sch 3.17 [1] [2]. |
Sec 31 | Am 2006 No 4, Sch 1 [7]. Subst 2018 No 5, Sch 1[30]. |
Sec 32 | Am 2016 No 60, Sch 1 [6] [7]. |
Sec 33 | Am 2018 No 5, Sch 1[31]. |
Sec 36 | Am 2013 No 95, Sch 4.30 [2]; 2014 No 33, Sch 1.11 [1]; 2015 No 12, Sch 2.4 [1]–[3]; 2024 No 25, Sch 6.15[1]. |
Sec 37 | Am 2006 No 4, Sch 1 [8] [9]; 2024 No 65, Sch 5[1]. |
Sec 38 | Rep 2024 No 65, Sch 5[2]. |
Part 3, Div 3, heading | Am 2016 No 60, Sch 1 [8]. |
Sec 40A | Ins 2016 No 60, Sch 1 [9]. |
Sec 42 | Am 2018 No 65, Sch 5.2 [2]; 2018 No 5, Sch 1[32]. |
Sec 43 | Am 2004 No 55, Sch 1.19 [1]; 2006 No 4, Sch 1 [10]; 2016 No 60, Sch 1 [10] [11]. |
Secs 44, 45 | Am 2006 No 4, Sch 1 [10]. Subst 2016 No 60, Sch 1 [12]. |
Sec 47 | Am 2006 No 4, Sch 1 [11]–[13]; 2008 No 62, Sch 3.6 [2]; 2018 No 5, Sch 1[33]. |
Sec 49 | Am 2008 No 23, Sch 3.38 [2]; 2010 No 19, Sch 3.83 [2]; 2018 No 5, Sch 1[34]. |
Sec 50 | Am 2006 No 4, Sch 1 [14]. |
Sec 51 | Am 2015 No 31, Sch 1 [1]. Rep 2018 No 65, Sch 9.3 [1]. |
Sec 52 | Am 2018 No 5, Sch 1[35]. |
Part 3, Div 6 | Ins 2006 No 4, Sch 1 [15]. Rep 2024 No 65, Sch 5[3]. |
Sec 53A | Ins 2006 No 4, Sch 1 [15]. Am 2013 No 95, Sch 4.30 [3]. Rep 2024 No 65, Sch 5[3]. |
Secs 53B | Ins 2006 No 4, Sch 1 [15]. Rep 2024 No 65, Sch 5[3]. |
Sec 53C | Ins 2006 No 4, Sch 1 [15]. Am 2013 No 95, Sch 4.30 [4]. Rep 2024 No 65, Sch 5[3]. |
Sec 53D | Ins 2006 No 4, Sch 1 [15]. Rep 2024 No 65, Sch 5[3]. |
Sec 53E | Ins 2006 No 4, Sch 1 [15]. Rep 2024 No 65, Sch 5[3]. |
Part 3, Div 7 (sec 53F) | Ins 2018 No 5, Sch 1[36]. |
Sec 55 | Am 2003 No 82, Sch 1.25 [2] [3]; 2004 No 55, Sch 1.19 [2]; 2013 No 3, Sch 1 [3] [4]; 2018 No 65, Sch 7.12 [1]; 2024 No 65, Sch 5[4]. |
Sec 55A | Ins 2013 No 3, Sch 1 [5]. |
Sec 60 | Am 2008 No 62, Sch 3.6 [3]; 2014 No 33, Sch 1.11 [2]; 2018 No 65, Sch 7.12 [2]–[4]. |
Sec 64 | Am 2003 No 3, Sch 2.8 [1]; 2008 No 62, Sch 3.6 [4]–[6]. |
Sec 66 | Subst 2006 No 4, Sch 1 [16]. |
Sec 66A | Ins 2006 No 4, Sch 1 [16]. |
Sec 68 | Am 2003 No 40, Sch 1.39 [1]; 2006 No 4, Sch 1 [17]. |
Sec 69 | Am 2006 No 4, Sch 1 [18]. |
Sec 71 | Am 2003 No 40, Sch 1.39 [2]. |
Part 5, Div 3, heading | Subst 2006 No 4, Sch 1 [19]. |
Sec 72 | Subst 2015 No 31, Sch 1 [2]. Am 2016 No 60, Sch 1 [13]. |
Sec 72A | Ins 2015 No 31, Sch 1 [2]. |
Sec 73 | Subst 2015 No 31, Sch 1 [2]. |
Sec 73A | Ins 2015 No 31, Sch 1 [2]. Am 2016 No 60, Sch 1 [14]–[16]. |
Sec 73B | Ins 2015 No 31, Sch 1 [2]. Am 2016 No 60, Sch 1 [17]–[19]. |
Secs 75, 76 | Rep 2015 No 31, Sch 1 [3]. |
Sec 76A | Ins 2006 No 4, Sch 1 [20]. Am 2016 No 60, Sch 1 [20]. |
Sec 78 | Am 2006 No 4, Sch 1 [21]. |
Sec 86 | Am 2002 No 112, Sch 1.21 [1]; 2006 No 4, Sch 1 [22]; 2013 No 3, Sch 1 [6]–[8]; 2019 No 23, Sch 1.8[4]. |
Sec 90 | Am 2006 No 4, Sch 1 [23]. |
Sec 91 | Am 2006 No 4, Sch 1 [24]–[27]. |
Sec 93 | Am 2011 No 62, Sch 1.12 [2]. |
Part 7, Div 4 | Rep 2013 No 3, Sch 1 [9]. |
Secs 96, 97 | Rep 2013 No 3, Sch 1 [9]. |
Sec 98 | Am 2006 No 4, Sch 1 [28] [29]. Rep 2013 No 3, Sch 1 [9]. |
Sec 99 | Subst 2006 No 4, Sch 1 [30]. Rep 2013 No 3, Sch 1 [9]. |
Sec 102 | Am 2024 No 65, Sch 5[5]. |
Sec 103 | Am 2018 No 5, Sch 1[37]. |
Sec 109 | Am 2015 No 50, Sch 4.19 [2]; 2018 No 5, Sch 1[38] [39]. |
Sec 111 | Am 2013 No 3, Sch 1 [10]–[12]; 2018 No 65, Sch 5.2 [3] [4]. |
Sec 112A | Ins 2013 No 3, Sch 1 [13]. |
Sec 113 | Rep 2013 No 3, Sch 1 [14]. |
Sec 115 | Am 2013 No 3, Sch 1 [15]; 2016 No 60, Sch 1 [21] [22]. |
Sec 116 | Am 2013 No 3, Sch 1 [16] [17]; 2016 No 27, Sch 2.35 [3]; 2017 No 25, Sch 4.3; 2018 No 65, Sch 5.2 [5] [6]; 2023 No 7, Sch 1.18[1]. |
Sec 116A | Ins 2023 No 7, Sch 1.18[2]. |
Sec 118 | Am 2016 No 60, Sch 1 [23]. |
Sec 124 | Am 2008 No 23, Sch 3.38 [3]. |
Sec 128 | Am 2008 No 62, Sch 1.26 [1] [2]. |
Sec 153 |
Am 2008 No 62, Sch 3.6 [7]. | |
Sec 166 | Am 2025 No 17, Sch 4[3]. |
Sec 167 | Am 2003 No 3, Sch 2.8 [2]. |
Sec 167A | Ins 2025 No 17, Sch 4[4]. |
Sec 168 | Am 2025 No 17, Sch 4[5]–[7]. |
Sec 169 | Am 2025 No 17, Sch 4[8]. |
Sec 171 | Am 2013 No 97, Sch 3.11 [1]. |
Sec 174 | Am 2006 No 120, Sch 2.74; 2007 No 94, Sch 2. |
Sec 176 | Am 2024 No 25, Sch 4.2. |
Sec 182 | Am 2024 No 65, Sch 5[6] [7]. |
Sec 183 | Am 2024 No 25, Sch 6.15[2]. |
Sec 184 | Am 2013 No 3, Sch 1 [18]. |
Sec 189 | Am 2003 No 3, Sch 2.8 [3]; 2003 No 4, Sch 1.8; 2015 No 48, Sch 1.20; 2018 No 65, Sch 6.4 [1]–[4]. |
Sec 190 | Am 2010 No 42, Sch 3.10; 2013 No 95, Sch 4.30 [5]–[8]; 2013 No 97, Sch 3.11 [2]; 2015 No 50, Sch 4.19 [3]; 2021 No 7, Sch 4.12. |
Sec 191 | Am 2018 No 65, Sch 9.3 [2] [3]. |
Sec 192 | Am 2024 No 25, Sch 7.8. |
Sec 196 | Am 2011 No 27, Sch 2.40; 2018 No 5, Sch 1[41] [42]; 2022 No 59, Sch 1.31. |
Sec 200 | Am 2013 No 95, Sch 2.120 [2]. |
Sec 203 | Am 2016 No 27, Sch 2.35 [3]. |
Sec 204 | Am 2016 No 27, Sch 2.35 [5] [6]. |
Sec 205 | Am 2018 No 43, Sch 2.4. |
Sec 207 | Am 2024 No 65, Sch 5[8]. |
Sec 209 | Am 2002 No 103, Sch 4.72 [1]–[4]. |
Sec 210A | Ins 2024 No 65, Sch 5[9]. |
Sec 211 | Am 2020 No 30, Sch 1.34. |
Sec 213 | Am 2012 No 97, Sch 1.33 [1]. |
Sec 215 | Am 2007 No 94, Schs 2, 4. |
Sec 216 | Subst 2017 No 22, Sch 3.60. |
Sec 217 | Am 2020 No 25, Sch 7.3. |
Sec 218 | Am 2011 No 2, Sch 1.25. Subst 2012 No 97, Sch 1.33 [2]. |
Sec 219 | Am 2009 No 54, Sch 2.36; 2011 No 62, Sch 3.25. |
Sec 221 | Am 2008 No 114, Sch 2.22. |
Sec 222 | Am 2016 No 27, Sch 2.35 [7]. |
Sec 225 | Am 2017 No 25, Sch 1.27 [1]–[5]; 2024 No 25, Sch 6.15[3] [4]. |
Sec 228 | Rep 2011 No 27, Sch 4. |
Sec 230 | Am 2018 No 65, Sch 2.12[5]; 2020 No 3, Sch 1.25[1]. |
Sec 232 | Ins 2020 No 5, Sch 1.24[1]. |
Sch 1, heading | Am 2018 No 5, Sch 1[43]. |
Sch 1 | Am 2006 No 4, Sch 1 [31] [32]; 2013 No 3, Sch 1 [19] [20]; 2013 No 47, Sch 1.21; 2015 No 31, Sch 1 [4] [5]; 2018 No 5, Sch 1[44]; 2018 No 65, Sch 2.12[6]; 2020 No 3, Sch 1.25[2]; 2020 No 5, Sch 1.24[2]. |
Sch 2 | Am 2002 No 112, Sch 1.21 [2]–[5]; 2003 No 40, Sch 3. Rep 2011 No 27, Sch 4. |
The whole Act (except Sch 1) | Am 2016 No 27, Sch 2.35 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively). |
0
0
0