Property, Stock and Business Agents Act 1941 (NSW)
An Act to regulate real estate, stock and station, business and managing agents, and for other purposes.
This Act may be cited as the Property, Stock and Business Agents Act 1941.
(Repealed)
In this Act, unless the context otherwise indicates or requires:
(a) who, in the course of trade or business and at an auction sale (or a proposed auction sale), 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.
(a) selling, buying or exchanging or otherwise dealing with or disposing of, or
(b) negotiating for the sale, purchase or exchange or any other dealing with or disposition of, or
(c) compiling for publication or compiling and publishing a document that contains a list relating solely or substantially to the acquisition or disposal by any person 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.
(a) the proprietor of a lot within the scheme, or
(b) the secretary or treasurer of the association, or
(c) a person 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.
(a) a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Community Land Development Act 1989 and a leasehold interest in a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, and
(b) shares which, under a company title scheme, entitle their holder to the possession of premises.
(a) giving possession of self-contained residential premises for the purpose of holiday accommodation (on each occasion for a period of less than 2 months) whether under a lease, licence or other contract or arrangement, or
(b) collecting bonds, deposits, rents, fees or other charges in connection with any such lease, licence or other contract or arrangement.
(a) the area that consists of the Metropolitan Police District, the Liverpool Police District, the Parramatta Police District and the Ryde Police District and any other area that is added to that firstmentioned area by a proclamation made under subsection (4), or
(b) any area, not being an area that is so added, that is declared by a proclamation made under subsection (4) to be a proclaimed area.
(a) inducing or attempting to induce or negotiating with a view to inducing any person:
• to buy, sell, exchange, lease, assign or otherwise dispose of any land, or
• to make an offer to buy, sell, exchange, lease, assign or otherwise dispose of any land, or
• to accept an offer to buy, sell, exchange, lease, assign or otherwise dispose of any land, or
• to enter into a contract for the buying, selling, exchanging, leasing, assigning or other disposal of land, or
(b) buying, selling, exchanging, leasing, assigning or otherwise disposing of any land, whether or not an auction is involved, or
(c) collecting rents payable in respect of any lease of land, or
(d) compiling for publication or compiling and publishing any document that contains a list relating solely or substantially to the acquisition or disposal by any person of land,
but does not include a person who carries on business as such an agent in respect of any parcel of land used for agricultural or pastoral purposes with an area of more than 2.5 hectares.
(a) doing (where the land concerned consists of land used for agricultural or pastoral purposes) any one or more of the things referred to in paragraph (a)–(d) of the definition of
Real estate agent , or(b) inducing or attempting to induce or negotiating with a view to inducing any person:
• to buy, sell or otherwise dispose of any livestock, or
• to make an offer to buy, sell or otherwise dispose of any livestock, or
• to accept an offer to buy, sell or otherwise dispose of any livestock, or
• to enter into a contract for the purchase, sale or other disposal of livestock, or
(c) selling, buying or exchanging any livestock, whether or not an auction is involved, or
(d) providing agistment for livestock or collecting of fees for such agistment.
(a) a person who:
(i) is the proprietor of a lot to which the strata scheme for which the owners corporation is constituted relates,
(ia) is the lessee of a lot to which the leasehold strata scheme for which the owners corporation is constituted relates,
(ii) is the secretary or treasurer of the executive committee of the owners corporation, and
(iii) 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 council or of the owners corporation, or
(b) a person who maintains or repairs any property for the maintenance or repair of which the owners corporation is responsible.
A reference in the definition of
Where a person carries on business:
(a) as a business agent and also carries on 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, a reference in this Act to any such person acting as, or carrying on the business of, a business agent includes a reference to that person carrying on business as an agent for the collection of those instalments,
(b) as a real estate agent and also carries on:
(i) 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,
(ia) 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
(ii) 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, or
(c) 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 land used for agricultural or pastoral purposes 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.
(Repealed)
The Governor may, by proclamation published in the Gazette:
(a) add any area to the proclaimed area referred to in paragraph (a) of the definition of
Proclaimed area in subsection (1), or(b) declare any area to be a proclaimed area for the purposes of this Act.
The Governor may in like manner vary or revoke any such proclamation.
The Governor may, in relation to a proclaimed area, from time to time, by proclamation published in the Gazette, specify the Local Courts that shall have jurisdiction under the provisions of Division 1 of Part 3, section 39AA and Division 3 of Part 4, within that proclaimed area.
The Governor may, in like manner, vary or revoke any such proclamation.
Where:
(a) the situation of the registered office or proposed registered office of a licensee or applicant for, or for the restoration of, a licence, or
(b) the registered address of a real estate salesperson, stock and station salesperson, business salesperson or trainee managing agent or the proposed registered address intended for registration,
is:
(c) within a proclaimed area, the Local Court specified in a proclamation under subsection (6) in relation to that proclaimed area or, where more than one Local Court has been so specified, the Local Court so specified that is nearest to the registered office or address or the proposed registered office or address, as the case may be, shall have the jurisdiction conferred on a Local Court under the provisions of Division 1 of Part 3, section 39AA and Division 3 of Part 4, and
(d) outside a proclaimed area, the Local Court nearest to the registered office or address or the proposed registered office or address, as the case may be, shall have that jurisdiction.
This Act shall not be construed as requiring:
(a) any Minister of the Crown whether a Minister of the State of New South Wales or of the Commonwealth of Australia, or
(b) any Government Department of the said State or Commonwealth (including any statutory corporation representing the Crown), or
(c) a council within the meaning of the Local Government Act 1993, or
(d) any public statutory authority prescribed by the regulations, or
(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,
to hold a licence under this Act.
Nothing in this Act shall be construed:
(a) as requiring:
(i) the Public Trustee or any executor, administrator, trustee, liquidator, official receiver, master in equity or in lunacy, 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, committee of the estate of an insane person, or manager of the property of an incapable person, for the purpose of performing his or her functions, exercising his or her powers or carrying out his or her duties as such, or
(ii) 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 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 Impounding Act 1993,
to hold a licence under this Act, or
(b) as prohibiting any person for the time being entitled to practise as a solicitor from performing any function, exercising any power or carrying out any duty which if this Act had not been passed the person might lawfully have performed, exercised or carried out as such solicitor, or
(c) as rendering any such person liable to any proceedings or to any penalty for performing any such function or exercising any such power or carrying out any such duty.
An exemption under subsection (2) (a) 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.
Nothing in this Act shall be construed as relieving any person from the obligation to take out a licence from any Department of the Government or under any Act (other than this Act) for the performance of any function the exercise of any power or the carrying out of any duty for which a licence would have been required if this Act had not been passed or to pay the fees payable in respect of any such licence.
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.
Nothing in this Act requires a business agent or a business salesperson to hold a business agent’s licence or a certificate of registration under this Act if:
(a) the person holds an Australian financial services licence under the Corporations Act 2001 of the Commonwealth, or
(b) the person is an authorised representative of a financial services licensee within the meaning of Chapter 7 of the Corporations Act 2001 of the Commonwealth.
(Repealed)
As from the first anniversary of the date of the commencement of this Act, the Acts mentioned in Schedule 1 are hereby repealed.
(Repealed)
(Repealed)
A natural person must not act as or carry on the business of (or advertise, notify or state that the person acts as or carries on or is willing to act as or to carry on the business of):
(a) a real estate agent, unless the person is the holder of a real estate agent’s licence, or
(b) a stock and station agent, unless the person is the holder of a stock and station agent’s licence, or
(c) a business agent, unless the person is the holder of a business agent’s licence, or
(d) a strata managing agent, unless the person is the holder of a strata managing agent’s licence, or
(e) a community managing agent, unless the person is the holder of a strata managing agent’s licence, or
(f) an on-site residential property manager, unless the person is the holder of an on-site residential property manager’s licence.
Subsection (1) applies whether or not the person does the prohibited thing as a member of a partnership.
A natural person, other than the holder of a real estate agent’s licence, must not act as or carry on the business of (or advertise, notify or state that the person acts as or carries on or is willing to act as or to carry on the business of) an on-site residential property manager unless:
(a) the person’s principal place of residence is situated at the premises for the letting of which the manager is an agent, and
(b) the person owns, or has a prescribed interest in, that principal place of residence.
(Repealed)
A corporation shall not act as or carry on or advertise, notify or state that it acts as or carries on or is willing to act as or carry on the business of a real estate agent, a stock and station agent, a business agent, a strata managing agent, a community managing agent or an on-site residential property manager, as the case may be, unless the corporation has taken out a corporation licence and employs as the person in charge of its sole or principal place of business a person who holds a licence or licences of such one or more of the classes referred to in section 22 as may be appropriate.
A real estate agent, stock and station agent, business agent, strata managing agent, community managing agent or on-site residential property manager need not hold more than one licence to perform lawfully any of the functions of the agent that are also functions of any other of those agents.
A person guilty of an offence arising under this section is, in addition to a penalty specified in section 87 (2), liable to a penalty not exceeding 1 penalty unit for each day on which the offence occurs.
(a) No person shall, by virtue of one stock and station agent’s licence, keep more than one place for the conduct of business as a stock and station agent.
(b) Where a person (other than a corporation) conducts business as a stock and station agent at more than one place of business the person shall employ at each such place, other than the place at which the person is personally in charge, a person holding a stock and station agent’s licence who shall be in charge at that place.
(c) Where a corporation conducts its business as a stock and station agent at more than one place of business it shall employ as the person in charge of each such place of business a person who is the holder of a stock and station agent’s licence.
(Repealed)
(a) No person shall, by virtue of one real estate agent’s licence, keep more than one place for the conduct of business as a real estate agent.
(b) Where a person (other than a corporation) conducts business as a real estate agent at more than one place of business the person shall employ at each such place, other than the place at which the person is personally in charge, a person holding a real estate agent’s licence who shall be in charge at that place.
(c) Where a corporation conducts its business as a real estate agent at more than one place of business it shall employ as the person in charge of each such place of business a person who is the holder of a real estate agent’s licence.
(a) No person shall, by virtue of one business agent’s licence, keep more than one place for the conduct of business as a business agent.
(b) Where a person (other than a corporation) conducts business as a business agent at more than one place of business the person shall employ at each such place, other than the place at which the person is personally in charge, a person holding a business agent’s licence who shall be in charge at that place.
(c) Where a corporation conducts its business as a business agent at more than one place of business it shall employ as the person in charge of each such place of business a person who is the holder of a business agent’s licence.
No person shall, by virtue of one strata managing agent’s licence, keep more than one place for the conduct of business as a strata managing agent or as a community managing agent.
Where a person (other than a corporation) conducts business as a strata managing agent or as a community managing agent at more than one place of business the person shall employ at each such place, other than the place at which the person is personally in charge, a person holding a strata managing agent’s licence who shall be in charge at that place.
Where a corporation conducts its business as a strata managing agent or as a community managing agent at more than one place of business it shall employ as the person in charge of each such place of business a person who is the holder of a strata managing agent’s licence.
No person shall in pursuance of this section be in charge at more than one place of business.
No person employed as the person in charge of a place of business shall perform duties or services at that place on behalf of 2 or more licensees (whether corporations or individuals) not being individuals who are in partnership with one another.
A licence under this Act (other than a licence taken out by a corporation) shall be one of the following classes, namely:
(a) a real estate agent’s licence,
(b) a stock and station agent’s licence,
(c) a business agent’s licence,
(d) a strata managing agent’s licence,
(e) an on-site residential property manager’s licence.
A licence may be expressed to be restricted in its operation to a specified purpose.
A licence which is restricted in its operation to a specified purpose may be renewed subject to that restriction once only.
A person who takes out a licence referred to in subsection (1A):
(a) shall be deemed, in the case of a licence of a class specified in subsection (1) taken out by a person other than a corporation, not to be the holder of a licence of that class, or
(b) shall be deemed, in the case of a licence taken out by a corporation, not to be the holder of a licence,
except in relation to things done or omitted for the purpose to which the operation of the licence is expressed to be restricted.
(Repealed)
(a) A licence shall be in the form approved by the Director-General.
(b) A licence taken out by a person (other than a corporation) shall set forth the name and place of abode of the person taking out the same and the address of the place of business in respect of which it is taken out.
(c) (i) A licence taken out by a corporation shall set forth the name of the corporation and the address of its sole or principal place of business.
(ii) (Repealed)
(a) Subject to this Act a licence shall be in force for a period of 3 years from the date of its issue:
Provided that a licence of any class which is issued to a person who is already the holder of a licence of any other class shall be in force for a period expiring on the day upon which the licence of such other class expires.
(b) A licence may be renewed and on each renewal shall, subject to this Act, be in force for a further period of 3 years.
(c) The holder of a licence who desires to surrender the licence may by instrument in writing so notify the Director-General and may deliver the licence to the Director-General.
The Director-General shall, upon receipt of the notification and licence, endorse on the licence the word “surrendered” and record in the register kept by the Director-General under subsection (2) of section 30 the fact that the licence has been surrendered.
A single licence may be issued to a person on which are recorded particulars of the class of each licence held by the person.
The Director-General is to issue a replacement licence on which are recorded particulars of the class of each licence (if any) that the person continues to hold if any licence of a class the particulars of which are so recorded is surrendered or cancelled.
The Director-General may, upon application made to the Director-General, issue a duplicate licence in the place of a licence that has been lost, destroyed or damaged.
Despite section 22, an applicant for a licence may elect to have a licence issued for a term of 1 year only.
Despite section 22, an applicant for the renewal of a licence may elect to renew the licence for a term of 1 year only.
This Act and the regulations apply to each issue of a licence or renewal of a licence pursuant to such an election as if:
(a) the terms set out in section 22 (4) (a) and (b) and 23 (6) (a) (v) and (6A) were 1 year, and
(b) the fees and any other amounts payable in respect of each such licence or renewal were one-third of the amounts payable in respect of issuing or renewing the licence for a term of 3 years.
This section ceases to have effect on 1 March 2004.
An application for a licence or for renewal of a licence is to be made in a form approved by the Director-General.
Such application shall:
(a) contain such particulars as are required to complete the approved form,
(b) specify the class of licence desired by the applicant,
(c) be lodged with the Director-General, and
(d) be accompanied by:
(i) the prescribed application fee, and
(ii) (Repealed)
(iii) the prescribed contribution.
An applicant for the issue or renewal of two or more licences, or an applicant for the issue of a licence who is already a licensee, is not liable to pay more than one prescribed application fee and contribution for licences issued to the person that expire at the same time.
Upon receipt of an application (not being a prescribed application or a special application) for the grant of a licence (not being a renewal of a licence), the Director-General shall forward particulars of the application to the reviewing officer.
The Director-General may, in the case of an application for a licence or for the renewal of a licence, inquire into, and the reviewing officer, upon receipt of the particulars, shall, in the case of an application (not being a prescribed application or a special application) for a licence (not being a renewal of a licence), inquire into and report to the Director-General upon:
(a) where the applicant is an individual—the fame and character of the applicant,
(b) where the applicant is a corporation—the fame and character of the directors and the secretary of the corporation and whether the corporation is a fit and proper person to hold a licence.
(c) (Repealed)
(Repealed)
(a) Where an application for the renewal of a licence is made before the day on which the licence would, but for this subsection, expire (which day is, in this subsection, referred to as
the date of expiry ) and:(i) the renewal of the licence is not issued before the date of expiry, and
(ii) the application is not refused or withdrawn before the date of expiry,
the licence shall be deemed to continue in force after the date of expiry until:
(iii) a renewal of licence is issued,
(iv) the application is refused or withdrawn, or
(v) the expiration of 3 years after the date of expiry,
whichever first occurs.
(b) Where a renewal of licence is, after the date of expiry, issued in respect of the licence referred to in paragraph (a), the renewal shall take effect as from the date of expiry of the licence.
Upon the refusal or withdrawal of an application:
(a) for a licence, not being a renewal of a licence, there shall be refunded to the applicant, or to any other person who appears to the Director-General to be entitled thereto, the prescribed fees (other than the prescribed fee referred to in subsection (3) of section 25) and the prescribed contribution paid by the applicant, or
(b) for the renewal of a licence deemed by subsection (6) to continue in force after the day on which the licence would, but for that subsection, have expired, there shall be refunded to the applicant or to any other person who appears to the Director-General to be entitled thereto:
(i) the prescribed fees paid by the applicant (other than the prescribed fee referred to in subsection (3) of section 25) reduced by such amount as bears to those prescribed fees, and
(ii) the prescribed contribution reduced by such amount as bears to the prescribed contribution,
the same proportion as the period in months (disregarding any fraction of a month) for which the licence was so deemed to continue in force bears to 36 months but nothing in this subsection requires a refund to be made in any case where the applicant applied for licences of two or more classes, or for the renewal of licences of two or more classes, and one or more licences, or the renewal of one or more licences, are granted.
(a) A member of the police force, with the approval in writing of the reviewing officer, may object to the grant of an application (not being a prescribed application or a special application) for a licence (not being a renewal of a licence), or the Director-General may object to the grant of an application for a licence or for the renewal of a licence and, where he or she does so, a statement setting out the nature of the objection proposed to be made shall be lodged by the Director-General or by that member of the police force, as the case may be, with the registrar of the Local Court having jurisdiction under subsection (8) of section 3.
(b) A copy of a statement so lodged by a member of the police force shall be included in any report furnished pursuant to subsection (4).
Where no objection to the grant of the application for the licence has been made pursuant to subsection (7), the Director-General shall issue the licence.
Where a member of the police force or the Director-General objects pursuant to subsection (7) to the grant of the application:
(a) the registrar of the court shall notify the applicant that the grant of the application will be objected to, and shall set out shortly in the notice the nature of the objection proposed to be made,
(b) the application shall be heard and determined by the court,
(c) such hearing shall not take place until after the expiration of seven days after the lodging of the application,
(d) the hearing of the application shall be in open court and the consideration of the application shall be deemed to be a judicial proceeding,
(e) where the Director-General has objected to the grant of the application, the Director-General may appear at the hearing personally or by any police officer or officer of the Department or by barrister or solicitor.
(f) (Repealed)
Upon determination of the application the clerk of the court shall notify the decision of the court to the Director-General.
If the court grants the application, the Director-General shall upon receipt of the notification, issue the licence.
In subsection (9B),
A licence shall not be granted to a corporation:
(a) where the corporation is the holder of a licence at the commencement of section 5 of the Auctioneers and Agents (Amendment) Act 1975 or where the corporation, not being the holder of a licence, makes application for a licence before that commencement—after a day that is three years after that commencement, or
(b) where the corporation makes application for a licence after that commencement,
unless at least half the number of directors of the corporation are licensed in respect of the class or classes of business that the corporation carries on or proposes to carry on.
The Minister may for any reason which appears to the Minister sufficient exempt a corporation from the operation of subsection (9B).
A licence or a renewal of a licence shall not be granted:
(a) (Repealed)
(b) to an applicant who is disqualified from holding a licence or who is not of good fame and character nor otherwise a fit and proper person to hold a licence, or
(c) to a corporation where the court is satisfied:
(i) that any director or the secretary of the corporation is not of good fame and character or otherwise a fit and proper person, if the director or the secretary were to apply for a licence, to hold the licence, or
(ii) that the corporation is not a fit and proper person to hold a licence.
Subject to subsection (10AB), a licence (not being a renewal of a licence) shall not be granted to an applicant, not being a corporation, unless the applicant:
(a) has passed the examination conducted by the Technical and Further Education Commission that is approved for the time being by the Minister for applicants for the licence of the class to which the applicant belongs or such other examination as may be so approved, and
(b) has been the holder of a certificate of registration under Part 4 for not less than 2 years, unless the licence applied for is an on-site residential property manager’s licence, and
(c) has produced to the Director-General evidence that the applicant has had experience that satisfies the Director-General that the applicant is capable of performing the duties generally performed by the holder of such a licence.
This subsection does not apply where the application is a special application.
Paragraphs (a) and (b) do not apply to an applicant for a business agent’s licence who is a Certified Practising Accountant member of the Australian Society of Certified Practising Accountants, New South Wales Division, or who is a member of the Institute of Chartered Accountants in Australia, New South Wales Branch, and holds a Certificate of Public Practice issued by that Institute.
The Director-General may exempt any applicant for a licence from the requirements of paragraph (a) or (b) or of both paragraphs (a) and (b) of subsection (10A).
Where pursuant to subsection (7) an application for the grant of a licence (not being a renewal of a licence) is to be heard and determined by a Local Court, references in subsections (10A) and (10AB) to the Director-General shall be read and construed as references to the court.
(Repealed)
A licence (not being a renewal of a licence) shall not after the commencement of this subsection be granted to an applicant (not being a corporation) who, at the date of the application has not attained the age of twenty-one years.
A licence or renewal of a licence shall not be granted in pursuance of an application if the application, or the statement referred to in the definition of
(Repealed)
In this section:
(a) where the application is made by an individual—the individual was the holder of an interstate licence that is, under section 26, deemed to be equivalent to a licence of the same class as that applied for, or
(b) where the application is made by a corporation—the corporation was the holder of an interstate licence that is, under section 26, deemed to be equivalent to a licence of the same class as that applied for.
If a licence is not renewed because renewal was not applied for before the licence expired, application for its restoration may be lodged with the Director-General in the form approved by the Director-General accompanied by:
(a) the application fee and contribution that would have been payable if application had been duly made for renewal of the licence, and
(b) the prescribed late fee.
If the application for restoration of a licence is made less than 7 days after the expiration of the licence, the Director-General may waive the payment of the prescribed late fee.
An application for restoration of a licence may not be made more than 6 months after expiration of the licence.
The Director-General must restore a licence in response to an application duly made under this section unless the Director-General:
(a) decides to object to the granting of the application, and
(b) within 28 days after the application was lodged, refers the application to a Local Court for hearing and determination.
If the Director-General decides to object to the granting of an application for restoration of a licence, the Director-General must refer the application and the objection for hearing and determination by the Local Court having jurisdiction under section 3 (8).
An objection by the Director-General must state the grounds on which it is made and they may be any grounds on which:
(a) this Act would have precluded renewal of the licence, or
(b) objection could have been made to the issue of the licence.
The registrar of the Local Court shall notify the applicant:
(a) of the grounds of the objection, and
(b) of the reference of the application for hearing and determination by the Local Court, specifying the Court.
The application and objection shall be heard by the Local Court in open court as a judicial proceeding and the Director-General may appear at the hearing by:
(a) a member of the Police Force, or
(b) an officer of the Department, or
(c) a barrister or solicitor.
The Local Court:
(a) shall dismiss the application if it would have been required to dismiss an application for renewal of the licence, or
(b) if it is not required to act under paragraph (a), may grant or dismiss the application.
If the Local Court grants the application, the Director-General shall issue a new licence to the applicant.
Except in relation to proceedings under section 20 (relating to unlicensed persons), a licence issued under section 23A or 23B:
(a) shall be taken to have had effect from the expiration of the expired licence, and
(b) unless sooner surrendered or cancelled, remains in force for the balance of the period for which, but for its expiration, the expired licence could have been renewed.
Anything done (other than the commission of an offence under section 20) between:
(a) the expiration of a licence, and
(b) its restoration at any time after the commencement of this section,
by the person whose licence had expired is to be taken to have been done while the person was the holder of the licence.
Anything done (other than the commission of an offence under section 20) between:
(a) the expiration of a licence, and
(b) the dismissal of an application duly made for the restoration of the licence,
by the person whose licence had expired is taken to have been done while the person was the holder of the licence.
For the purposes of subsection (1B), if the Local Court dismisses an application for the restoration of a licence and an appeal is duly lodged against the Court’s decision, the application is dismissed when the appeal is dismissed or withdrawn.
If an application for restoration of a licence is refused or withdrawn, the application fee and contribution charge accompanying the application shall be refunded to the applicant.
(Repealed)
In this section:
The Director-General may, from time to time, by order published in the Gazette, declare a class of interstate licences specified or described in the order to be, for the purposes of this section, equivalent to a class of State licences so specified or described.
For the purposes of the definition of
Where during the period of five years immediately preceding the making of an application referred to in the definition of
(Repealed)
Upon complaint being made to him or her by a member of the police force, with the approval of the reviewing officer, or by the Director-General a registrar of a Local Court may issue an application notice requiring a licensee to appear before a Local Court to show cause why the licence held by him or her or, in the case of a corporation, held by it, should not be cancelled and why such licensee should not be disqualified either permanently or temporarily from holding a licence on the ground:
(a) that the licence was improperly obtained contrary to the provisions of this Act, or
(b) that the licensee is not a fit and proper person to continue any longer to hold a licence, or
(bi) that any director or the secretary of the corporation is not a fit and proper person to be a director or the secretary, as the case may be, of a corporation holding a licence, or
(c) that the licensee has been guilty of such conduct as renders him or her unfit to continue any longer to hold a licence or that the affairs of the corporation have been so conducted as to render it unfit to continue any longer to hold a licence, or
(d) that any director or the secretary of the corporation has been guilty of such conduct as renders him or her unfit to be a director or the secretary, as the case may be, of a corporation holding a licence.
Where the notice alleges a ground referred to in paragraph (bi) or (d), a copy of the notice shall be served personally or by post on the director or the secretary referred to in the statement of that ground in the notice.
If upon the day and at the time and place appointed by the notice issued in accordance with the provisions of subsection (1) the person named in the notice does not appear then upon proof of the due service of the notice upon the person a reasonable time before the time appointed for the person’s appearance, the Local Court may proceed to hear and determine the matter of such complaint in the absence of the person.
Service of the notice may be proved by the oath of the person who served it or by affidavit or otherwise.
Upon being satisfied of the truth of any of the grounds aforesaid the court may order that the licence (if any) of the person be delivered up to the Director-General forthwith and cancelled and that the person and, where the court orders the cancellation of the licence of a corporation on a ground referred to in paragraph (bi) or (d) of subsection (1), that any director or the secretary of the corporation be disqualified either permanently or for such period as the court specifies from holding a licence under this Act, and upon the making of such order such licence (if any) shall thereafter be deemed and taken to be cancelled.
On the cancellation of a licence or the disqualification of any person under this section by a Local Court, the registrar of the Local Court must notify the decision of the Court to the Director-General.
(Repealed)
In this section,
(a) has been the holder of a licence (including a business subagent’s licence issued under this Act as in force at any time before the commencement of section 10 of the Auctioneers and Agents (Amendment) Act 1967) and has ceased to hold that licence, or
(b) (Repealed)
(c) has been a director or the secretary of a corporation that, within that period, has held a licence.
Upon complaint being made to him or her by a member of the police force, with the approval of the reviewing officer, or by the Director-General a registrar of a Local Court may issue an application notice requiring a former licensee to appear before a Local Court to show cause why that former licensee should not be disqualified either permanently or temporarily from holding a licence on the ground:
(a) in the case of a former licensee referred to in the definition of
former licensee in subsection (1) who is an individual:(i) that the former licensee is not a fit and proper person to hold a licence, or
(ii) that the former licensee has been guilty of conduct that renders him or her unfit to hold a licence, or
(b) in the case of a former licensee referred to in paragraph (a) of the definition of
former licensee in subsection (1) that is a corporation:(i) that it is not a fit and proper person to hold a licence, or
(ii) that its affairs have been so conducted as to render it unfit to hold a licence.
If, upon the day and at the time and place appointed by the notice issued under this section, the former licensee does not appear, the Local Court may, upon proof of the due service of the notice upon the former licensee a reasonable time before the time appointed for the former licensee’s appearance, proceed to hear and determine the matter of the complaint in the absence of the former licensee.
The court may, upon being satisfied as to the truth of any of the grounds specified in the notice, order that the former licensee be disqualified, either permanently or for such period as the court specifies in the order, from holding a licence under this Act.
Upon the disqualification of any person under this section, the registrar of the court by which the disqualification is imposed shall notify the decision of the court to the Director-General.
(Repealed)
The Director-General shall keep a register of all licences and of all renewals, restorations and cancellations of licences, and refusals of applications, and disqualifications, which register shall be available for perusal by any member of the public upon payment of the prescribed fee.
Notwithstanding anything in this Act, where, after the commencement of the Auctioneers and Agents (Amendment) Act 1972, the court makes:
(a) a determination refusing:
(i) an application for the renewal of a licence under section 23, or
(ii) an application made under section 23A, or
(b) an order under section 29,
the determination or order shall have no force or effect until the expiration of twenty-one days after the making thereof and, where within that period of twenty-one days an appeal to a District Court is commenced under section 31 in relation to the determination or order, until the Court confirms the determination or order or dismisses the appeal.
Where the court:
(a) refuses any application made under section 23 or 23A or makes an order under section 29 or 29A, or
(b) grants an application under section 23 or 23A to the granting of which a member of the police force or the Director-General has objected, or
(c) dismisses a complaint made under section 29 or 29A,
the person making the application, or the licensee, as the case may be, where paragraph (a) applies, or the member of the police force or the Director-General where paragraph (b) applies, or the complainant where paragraph (c) applies, may appeal in accordance with the rules of court of the District Court to the District Court exercising jurisdiction in the district within which the court refusing such application, making such order, granting such application, or dismissing such complaint is situated.
Every such appeal shall be in the nature of a rehearing.
Notice of appeal shall be given to such persons as may be prescribed by rules of court of the District Court, or as the District Court may direct.
(a) An appeal shall lie to the Supreme Court against any ruling, order, direction or decision of the District Court in point of law or upon the admission or rejection of any evidence.
(b) For the purposes of any such appeal the parties to the appeal to the District Court shall be deemed to include any of the following persons:
(i) the person making the application or the licensee or the director or secretary of a corporation referred to in the statement of the ground on which the disqualification was imposed, as the case may be,
(ii) the member of the police force who objected to the grant of the application—in any case where the appeal is in proceedings arising out of an application to the granting of which such member of the police force had objected,
(iii) the member of the police force who made the complaint—in any case where the appeal is in proceedings arising out of a complaint made by him or her under section 29 or 29A,
(iv) the Director-General—in any case where the appeal is in proceedings arising out of an application to the granting of which the Director-General had objected, or out of a complaint made by the Director-General under section 29 or 29A.
An appeal under this section in any case to which subsection (1) (a) applies shall not be commenced after the expiration of twenty-one days after the date of the determination refusing the application or the date of the order under section 29 or 29A, as the case may be.
Any appeal under this section in any case to which subsection (1) (b) or (c) applies shall not be made unless the Minister approves.
A person disqualified under this Act shall not, while the person’s disqualification continues, be capable of becoming or continuing a director or manager or the secretary of any corporation or a partner in any partnership carrying on business in New South Wales as a real estate agent, a stock and station agent, a business agent, a strata managing agent, a community managing agent or an on-site residential property manager.
Where the court has made an order that a licence be delivered up to the Director-General the holder of such licence shall, if the holder refuses, neglects or fails to comply with such order, be guilty of an offence against this Act.
Every licensee shall have a registered office within New South Wales.
(Repealed)
The address specified in the application as the address at which the applicant proposes to carry on business or in the case of a corporation carrying on business at more than one place the address specified in the application as its principal place of business shall, upon the grant, renewal or restoration of the licence, be deemed for the purposes of this Act to be the registered office of the licensee.
(Repealed)
Notice of any change in the situation of the registered office or the registered address shall be lodged by the licensee with the Director-General within the prescribed time, and the Director-General shall enter such change in the register.
Within the prescribed period after a person commences employment as, or ceases to be employed as, the person in charge of a place of business of a corporation the corporation shall lodge with the Director-General:
(a) a notice specifying the name and address of, and the classes of licence held by, the person so commencing to be employed, or
(b) a notice specifying the day upon which that person ceases to be so employed,
as the case may require.
If any licensee carries on business without complying with the requirements of this section the licensee shall be liable to a penalty not exceeding 1 penalty unit for every day during which the licensee so carries on business.
Every licensee shall paint or affix and keep painted or affixed the licensee’s name and description as a licensee on the outside of the licensee’s registered office, and, where the business is carried on at any place other than such registered office, on the outside of each place in which the licensee’s business as a licensee is carried on, in a conspicuous position, in letters easily legible and conforming to the type and size of type prescribed.
A licensee, being a corporation, shall, in addition to complying with the provisions of subsection (1), paint or affix and keep painted or affixed:
(a) the name of the person in charge of the corporation’s registered office on the outside of that registered office, and
(b) where the business of the corporation is carried on at any place other than that registered office, the name of the person in charge at that place on the outside of that place,
in a conspicuous position and in letters easily legible and conforming to the type and size of type prescribed.
Any person shall be guilty of an offence against this Act who:
(a) commits any contravention of or fails to comply with any of the provisions of subsection (1) or (2), or
(b) keeps up or exhibits or allows to remain unobliterated on or near to the person’s office, house or place of business or exhibits anywhere any sign, writing, painting or other mark implying that such office, house or place of business is that of a person licensed:
• as a real estate agent, unless the person is the holder of a real estate agent’s licence, or
• as a stock and station agent, unless the person is the holder of a stock and station agent’s licence, or
• as a business agent, unless the person is the holder of a business agent’s licence, or
• as a strata managing agent or a community managing agent, unless the person is the holder of a strata managing agent’s licence, or
• as an on-site residential property manager, unless the person is the holder of an on-site residential property manager’s licence or a real estate agent’s licence.
All moneys received for or on behalf of any person by any licensee shall be held by the licensee or, where the licensee is employed by a corporation, by the corporation, exclusively for such person, to be paid to such person, or to be disbursed as the person directs, and until so paid or disbursed the moneys shall be paid into a bank, building society or credit union operating in New South Wales to a trust account, whether general or separate, and retained therein.
In any case where the licence is held by a corporation the trust account shall be in the name of the corporation and in any other case the trust account shall be in the name of the licensee or of the firm of licensees of which the licensee is a member. The words “Trust Account” shall appear in the name of the trust account and in the description of the trust account in the books and records of the licensee and also on all cheques drawn on the trust account.
When opening a trust account at a bank, building society or credit union for the purpose of complying with subsection (1), the licensee concerned must ensure that the bank, building society or credit union is notified in writing that the account is a trust account required by this Act.
If money is held in a trust account in accordance with subsection (1) at the commencement of this subsection, the licensee concerned must, within 1 month after that commencement, ensure that the bank at which the account is kept is notified in writing that the account is a trust account required by this Act.
The moneys shall not be available for the payment of the debts of the licensee to any other creditor of the licensee, or be liable to be attached or taken in execution under the order or process of any court at the instance of any such other creditor.
Nothing in this section shall be construed to take away or affect any just claim or lien which any licensee may have against or upon any of the moneys.
A licensee must, within 14 days after closing a trust account, notify the Director-General in writing of the closure.
If at any time a trust account becomes overdrawn, the licensee concerned must, within 5 days after becoming aware of the overdrawing, notify the Director-General in writing of:
(a) the name and number of the account, and
(b) the amount by which the account is overdrawn, and
(c) the reason for the account becoming overdrawn.
Any licensee who neglects or fails to comply with any of the provisions of this section shall be guilty of an offence against this Act.
Where any licensee neglects or fails to comply with any of the provisions of this section by reason of the licensee’s neglect or failure to pay any moneys into a bank, building society or credit union operating in New South Wales to a trust account or to retain any such moneys therein, the offence shall continue until the said moneys are paid to the person for or on whose behalf they were received, or disbursed in such manner as may be directed by such person.
(Repealed)
A reference in this section to a licensee includes a reference to a person who has been, but has, after the commencement of this subsection, ceased to be, a licensee and to the personal representative of a licensee who has, after that commencement, died and in the application of this section to:
(a) a person who has been, but has so ceased to be, a licensee, a reference to moneys received for or on behalf of any person by any licensee shall be read as a reference to moneys received by that person for or on behalf of any other person in connection with his or her business as a licensee, and
(b) the personal representative of a licensee who has died, a reference to moneys received for or on behalf of any person by any licensee shall be read as a reference to moneys received by that licensee or personal representative for or on behalf of any person in connection with the business carried on by that licensee.
For the purposes of sections 36AB and 36AC, the Minister is required to determine from time to time, after consultation with the Treasurer, a trust account rate for each bank, building society or credit union. The rate, which may be a fixed or variable one, is to be determined by reference to an interest rate that applies in the short term money market.
As soon as practicable after determining a trust account rate for a bank, building society or credit union, the Minister must:
(a) inform the bank, building society or credit union of the rate by notice in writing, and
(b) publish a notice of the rate in the Gazette.
For the purposes of section 36AC, the prescribed percentage, in relation to money held in trust accounts kept with a bank, building society or credit union under section 36 (whether opened before or after the commencement of this section), is:
(a) during the period of 2 years beginning on the date of that commencement—25 per cent of the trust account rate relevant to the institution, and
(b) during any subsequent period—25 per cent of that rate or such greater percentage of that rate as may be determined under subsection (2) and notified in the Gazette.
For the purposes of subsection (1) (b), the Minister may, from time to time, determine a percentage greater than 25 after consultation with the Treasurer.
On the first business day after the end of each named month beginning after the commencement of this section, every bank, building society or credit union must:
(a) calculate interest on the daily balances of all money held during the month in trust accounts kept with the bank, building society or credit union under section 36 (being trust accounts notified to the bank, building society or credit union under that section as trust accounts required by this Act) by applying to those balances the prescribed percentage of the trust account rate applicable to the bank, building society or credit union, and
(b) pay the amount of that interest to the Director-General for crediting to the Statutory Interest Account.
A bank, building society or credit union must not deduct transaction or other charges, other than statutory charges (such as bank account debits tax), from the balances referred to in subsection (1) or from an amount of interest calculated under that subsection.
The Director-General may, by proceedings brought in a court of competent jurisdiction, recover as a debt an amount due and payable to the Director-General under this section.
Within 14 days after the end of each named month beginning after the commencement of this section, every bank, building society or credit union must, by notice in writing, inform the Director-General of the following matters:
(a) the number of trust accounts opened with the bank, building society or credit union during the month under section 36 (being trust accounts notified to the bank, building society or credit union under that section as trust accounts required by this Act), the names of the licensees who opened those accounts, the names and numbers of those accounts and the addresses of the branches of that bank, building society or credit union at which those accounts are kept,
(b) the total amount of interest that the bank, building society or credit union paid for the month under section 36AC (1) (b).
As soon as practicable (and in any case within 5 business days) after a bank, building society or credit union becomes aware that a trust account kept with it under section 36 is overdrawn (being a trust account notified to the bank, building society or credit union under that section as a trust account required by this Act), the bank, building society or credit union must, by notice in writing, inform the Director-General of:
(a) the name and business address of the licensee concerned, and
(b) the name and number of the account, and
(c) the amount by which the account is overdrawn.
In addition, the regulations may:
(a) require banks, building societies and credit unions to provide the Director-General with such information relating to all or any trust accounts as is specified or described in the regulations, and
(b) authorise the Director-General to require a bank, building society or credit union to provide the Director-General with such information relating to trust accounts identified by the Director-General as is specified or described by the Director-General, and
(c) make provision for or with respect to any associated matter, including the manner in which, and the time within which, any such information is to be provided to the Director-General.
This section has effect irrespective of any other law or any rule of practice to the contrary.
Sections 36AC and 36AD do not apply:
(a) to a separate trust account kept on the instructions of a client of a licensee or a firm of licensees for the exclusive benefit of the client, or
(b) to a trust account of a class of trust accounts prescribed by the regulations for the purposes of this section.
A bank, building society or credit union that fails to comply with a provision of section 36AC or 36AD is guilty of an offence against this Act.
Without affecting section 92, subsection (1) of this section does not apply to a requirement of or under regulations made under section 36AD (2A).
Subject to subsection (2), where a licensee, in the month of January in any year, holds any moneys in a trust account kept by the licensee in any year and those moneys were received by the licensee more than two years before that month, the licensee shall in that month furnish to the Director-General a statement in the form approved by the Director-General showing particulars of:
(a) those moneys,
(b) every person for whom or on whose behalf the moneys are so held, and
(c) the last known address of each of those persons.
Subsection (1) does not apply to moneys that are of a class specified or described in the regulations.
The regulations may make provision for or with respect to prescribing a written record to be kept in relation to moneys referred to in subsection (2) by a licensee who holds any such moneys.
Without affecting the generality of section 38, a written record referred to in subsection (3) shall be deemed to be a written record required to be made in accordance with that section.
Where a person has been, but has ceased to be, a licensee or the personal representative of a licensee who has died holds any moneys in a trust account kept by the personal representative in accordance with section 36, the person or personal representative shall:
(a) within three months after the date on which he or she ceased to be a licensee or became the personal representative of the licensee who died, furnish to the Director-General a statement in the form approved by the Director-General showing particulars of:
(i) the moneys held in the trust account as at the date on which he or she furnishes the statement,
(ii) every person for whom or on whose behalf the moneys are so held, and
(iii) the last known address of each of those persons, and
(b) within fourteen days after the expiration of a period of twelve months after the date on which the statement referred to in paragraph (a) was furnished, furnish to the Director-General a statement in the form approved by the Director-General showing particulars of:
(i) the moneys held in the trust account as at the date on which he or she furnishes the statement,
(ii) every person for whom or on whose behalf the moneys are so held,
(iii) the last known address of each of those persons, and
(iv) any payments made from the trust account since the statement referred to in paragraph (a) was made.
The Director-General shall, upon receipt of the statement referred to in section 36A, or in paragraph (b) of section 36B:
(a) send by post to each person for whom or on whose behalf any moneys referred to in the statement are held a notice in writing addressed to the person at the person’s address shown in the statement stating the particulars of the moneys held for or on behalf of that person, and
(b) cause to be published in the Gazette a notification stating the particulars of the moneys held for or on behalf of each such person,
and stating that, if those moneys are not paid out of the trust account in which they are held within a period of three months after the date of the notification referred to in paragraph (b), the person holding the moneys will be required to pay them to the Director-General.
The Director-General may, at any time after the expiration of a period of three months after the publication in the Gazette of a notification referred to in paragraph (b) of subsection (1), by a notice in writing served personally or by post on the person by whom the moneys referred to in the notification are held, require that person:
(a) to pay to the Director-General any moneys referred to in the notification that have not been previously paid by that person out of the trust account in which they are held, and
(b) to furnish to the Director-General, within such period as may be specified in the notice, a statement showing particulars of any payments made out of the moneys referred to in the notification since the statement referred to in subsection (1) was made.
The Director-General must pay any money received by the Director-General under subsection (2) into the Compensation Fund.
Within 2 months after the end of each year, the Director-General must pay into the Consolidated Fund all money received by the Director-General and paid into the Compensation Fund during that year. When the Director-General makes that payment, the Director-General must give the Treasurer a statement containing the following particulars:
(a) the name and last known address of each person for whom or on whose behalf the money received by the Director-General was held,
(b) the amount held in respect of each such person,
(c) the date of gazettal of the notice under subsection (1) (b) in respect of that money,
(d) the name and address of each licensee who furnished a statement to the Director-General under section 36A or 36B in respect of that money.
The Treasurer must, on application made to the Treasurer by any person entitled to any money paid into the Consolidated Fund under this section, pay the money to the person.
If an application for the payment of money to which a person is entitled is made while the money is held in the Compensation Fund, the Director-General must pay the money to the person from the Compensation Fund.
Any person who neglects or fails to comply with the requirements of any notice served on the person under subsection (2) shall be guilty of an offence against this Act.
(Repealed)
A bank, building society or credit union:
(a) does not incur liability, and is not obliged to make inquiries, in relation to any transaction concerning an account of a licensee kept with the bank, building society or credit union or with some other financial institution, and
(b) is, in relation to any such transaction, taken not to have any knowledge of a right of any person to money credited to such an account,
unless it would incur such a liability, be obliged to make such inquiries or be taken to have that knowledge in relation to an account kept with it in respect of a person absolutely entitled to the money held in that account. This subsection is subject to section 36AD.
Subsection (1) does not relieve a bank, building society or credit union from any liability or obligation that it would have apart from this Act.
A bank, building society or credit union at which a licensee keeps an account for clients’ money does not, as regards any liability that the licensee has to the bank, building society or credit union (not being a liability relating to that account), have a right to any of the money held in that account, whether by way of set-off, counterclaim, charge or otherwise.
Every licensee shall in a legible manner make a written record containing full particulars of all transactions by or with him or her as licensee and such other written records relating to his or her business as licensee as may be prescribed and shall keep such written records at his or her registered office.
Every such written record shall, for a period of three years after the date on which it was made, be preserved:
(a) where such licensee continues to hold a licence under this Act or where upon ceasing to hold a licence under this Act or ceasing to have as his or her registered office the place where such written record was kept, such licensee does not authorise some other person to have the possession, custody or control of such written record—by the licensee, or
(b) where any person obtains the possession, custody or control of such written record either by transfer of the business of such licensee or otherwise—by such person.
Every entry in any such written record kept at the registered office of a licensee shall be deemed, unless the contrary is proved, to have been made by or with the authority of the licensee.
Any person who contravenes any of the provisions of this section shall be guilty of an offence against this Act.
Every licensee shall within seven days after service of a requisition in that behalf in the form approved by the Director-General furnish to the Director-General in the manner prescribed a statement in writing setting forth full particulars as to:
(a) the name of the trust account on which such licensee operates in accordance with the provisions of section 36, the name of the bank, building society or credit union on which such account is current, the balance of the moneys standing to the credit of such account as at a date specified in such requisition, and particulars of all cheques drawn on such account as at such date and not presented and duly paid,
(b) any moneys paid by any person to such licensee or received by such licensee for or on behalf of any person in connection with his or her business as a licensee, and if not still held by such licensee the manner and time of disbursement thereof, or
(c) any transaction by or with such licensee as a licensee.
No licensee shall be required to furnish to the Director-General any particulars with regard to any of the matters mentioned in subsection (1) which relate to any transaction by or with such licensee more than three years before the service of such requisition.
A licensee shall within fourteen days of demand in writing in the manner prescribed made by a person directly concerned in any transaction by or with such licensee in connection with his or her business as a licensee, render in the manner prescribed to the person making such demand an itemised account of such transaction.
No person shall under subsection (3) be entitled to demand an itemised account of any transaction which took place more than six months before the making of such demand.
Any licensee who neglects or fails without reasonable cause, proof whereof shall lie on such licensee, to furnish a statement in writing in accordance with subsection (1) or an itemised account as required by subsection (3) or knowingly furnishes false or incorrect information in any such statement or account shall be guilty of an offence against this Act.
A person guilty of an offence against this Act arising under subsection (3) shall be liable to a penalty not exceeding 1 penalty unit for each day on which the offence occurs.
Without affecting the application of the foregoing provisions of this section to licensees, the provisions:
(a) of this section, other than paragraph (b) or (c) of subsection (1), apply to any person who is required by virtue of subsection (6) of section 36 to keep a trust account, and so apply while the person is required to keep that account, and
(b) of this section, other than paragraph (a) of subsection (1), apply to any person who is required by subsection (2) of section 38 to preserve any written record referred to in that subsection and so apply while the person is required to preserve that written record.
All books of account or other written records relating to the trust account on which any licensee operates in accordance with the provisions of section 36, or kept as prescribed, and the written records required to be made and kept in accordance with the provisions of section 38, shall at all reasonable times be open to inspection by the Director-General, a member of the police force or an officer of the Department duly authorised in writing in that behalf by the Director-General either generally or in any particular case.
Any account on which a strata managing agent operates for or on behalf of an owners corporation, or on which a community managing agent operates on behalf of an association constituted under the Community Land Development Act 1989, shall, for the purposes of this section, be deemed to be a trust account.
The Director-General, any such member of the police force or an officer of the Department duly authorised in writing in that behalf and in the case of such authorised officer upon production of his or her written authority, may require any licensee or in the absence of such licensee any servant or agent of such licensee for the time being having the apparent control or charge of the office or place of business of such licensee or, where a licensee has died, the personal representative of the licensee:
(a) to produce for inspection:
(i) all books, papers, accounts or other documents relating to the trust account of such licensee, or
(ii) all written records made and kept by the licensee in accordance with the provisions of section 38, or
(iii) all contracts, agreements or other documents relating to any transaction by or with such licensee in connection with his or her business as a licensee, in the possession, custody or control of such licensee,
(b) to furnish all authorities and orders to financial institutions as may be reasonably required of him or her.
Where the Director-General has reasonable grounds for believing that a licensee has received or disbursed moneys in his or her capacity as a licensee that have not been dealt with in accordance with section 36, the Director-General may duly authorise in writing a member of the police force or an officer of the Department to inspect any records of the licensee that relate to any account (not being a trust account) kept by the licensee in connection with his or her business as a licensee.
A person authorised under subsection (2AA) may require any licensee or, where a licensee has died, the personal representative of the licensee:
(a) to produce for inspection such of the records referred to in subsection (2AA) as are in his or her possession or under his or her control as the person so authorised requires, and
(b) to furnish all authorities and orders to financial institutions as may be reasonably required of him or her.
A person authorised under subsection (1) or (2AA) to make an inspection may serve on a bank, building society or credit union with which a licensee has deposited any money in any account (whether the licensee’s own account or a general or separate trust account) an instrument, in the form approved by the Director-General and under the hand of the Director-General or a member of the police force:
(a) certifying that:
Any licensee who publishes or causes to be published in the course of the licensee’s business as such any statement which:
(a) is intended or apparently intended by such licensee to promote the sale or lease of any property, and
(b) is (whether to the licensee’s knowledge or not) false or misleading in any material particular,
shall be guilty of an offence against this Act.
Without limiting the generality of subsection (1) a statement shall, for the purposes of that subsection, be deemed to be false or misleading if it is of such a nature that it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the statement indicates that that state of affairs does exist.
A statement shall be deemed to be published within the meaning of this section if it is:
(a) inserted in any newspaper or any other publication printed and published in New South Wales, or
(b) publicly exhibited:
(i) in, on, over or under any building, vehicle or place (whether or not a public place and whether on land or water), or
(ii) in the air in view of persons being or passing in or on any street or public place, or
(c) contained in any document gratuitously sent or delivered to any person or thrown or left upon premises in the occupation of any person, or
(d) broadcast by wireless transmission or television.
It shall be a sufficient defence for a person charged with an offence against this Act arising under paragraph (b) of subsection (1) if that person proves that:
(a) the person took all reasonable precautions against committing the offence,
(b) in relation to a statement:
(i) not being a statement referred to in subsection (1A), the person had reasonable grounds for believing and did in fact believe that the statement was true, or
(ii) referred to in subsection (1A), the person had reasonable grounds for believing in the existence of the state of affairs first referred to in that subsection and did in fact believe that that state of affairs existed, and
(c) the person had no reason to suspect that the statement was false or misleading.
Notwithstanding any proceedings against any person for an offence under this section (whether resulting in a conviction or otherwise) such person shall remain liable to all civil proceedings in like manner as if the proceedings for an offence had not been taken.
This section shall be read and construed as in aid of and not in derogation from any enactment or law relating to false or misleading advertisements or other statements.
In this section
A person who, while exercising or performing any function as:
(a) a real estate agent, or
(b) a stock and station agent, or
(c) a business agent, or
(d) a strata managing agent, or
(e) a community managing agent, or
(f) an on-site residential property manager, or
(g) a real estate salesperson, or
(h) a stock and station salesperson, or
(i) a business salesperson, or
(j) a trainee managing agent,
by any statement, representation or promise that is false, misleading or deceptive (whether to the knowledge of the person or not) or by any concealment of a material fact (whether intended or not), induces any other person to enter into any contract or arrangement is guilty of an offence against this Act.
Without limiting the generality of subsection (1), a statement, representation or promise is taken to be false, misleading or deceptive if it is of such a nature that it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the statement, representation or promise indicates that the state of affairs does exist.
It is a sufficient defence to a prosecution for an offence under this section if the defendant proves that the defendant did not know, and had no reasonable cause to suspect, that the statement, representation or promise was false, misleading or deceptive.
No term or provision of any agreement (whether entered into before or after the commencement of this Act) for the sale and purchase of an allotment of land or any interest therein shall be so construed as to prevent the purchaser from claiming or being awarded damages or any other relief in respect of any fraudulent misrepresentation in connection with the sale and purchase of such allotment of land or interest therein.
Where any meat from any live stock sold by auction is, within 5 days after the sale, condemned, at any abattoir or slaughter house, under the authority of any Act as unfit for human consumption (and is certified in writing by an inspector appointed under the Stock Diseases Act 1923 or a meat inspector appointed under the Meat Industry Act 1978 to be unfit) because of a disease or condition prescribed for the purposes of this section (not being a disease to which the Cattle Compensation Act 1951 applies or a special disease within the meaning of the Stock Diseases Act 1923), the purchaser shall, if the purchaser was the owner of the meat at the time of condemnation, be entitled to damages from the vendor as for a breach of warranty that the meat of the live stock was not, immediately before the auction sale, affected by that disease or condition.
A regulation prescribing a disease or condition for the purposes of this section is not to be made unless the Minister for Agriculture and Rural Affairs has recommended the making of the regulation.
Any provision in, or applying to, an agreement for the sale of property by auction and purporting to exclude or restrict (otherwise than in accordance with this or any other Act) the operation of the conditions (if any) prescribed as being applicable to or in respect of the sale by auction of that property or property of a class or description to which that property belongs is void.
A person who notifies or causes to be notified in the conditions of sale by auction of any property any provision purporting to exclude or restrict the conditions (if any) prescribed as being applicable to or in respect of the sale by auction of that property or property of a class or description to which that property belongs shall be guilty of an offence against this Act.
In this section,
The actual successful bidder at a sale by auction of any land or livestock shall, as soon as practicable after the auctioneer conducting the sale has indicated the actual successful bidder but not in any case later than the day of the sale, supply to the auctioneer or an employee of the auctioneer:
(a) where he or she bid for the land or livestock on his or her own behalf—his or her name, or
(b) where he or she bid for the land or livestock on behalf of another person—the name of the person on whose behalf he or she bid.
Any person who in any application made pursuant to this Act, or in any statement, referred to in subsection (13) of section 23, accompanying a special application (as defined in that subsection), makes any statement which is not correct or furnishes any particulars which are not correct or omits to furnish any particulars required to be furnished by or under this Act shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding 10 penalty units.
If any person is charged with an offence against this Act by reason of any contravention of subsection (1), it shall be a sufficient defence if the person charged proves:
(a) where the charge relates to the making of a statement that is not correct or to the furnishing of particulars which are not correct—that the person had reasonable grounds for believing and did in fact believe that the statement made or the particulars furnished were correct, or
(b) where the charge relates to the omission to furnish particulars—that the omission was not made with intent to evade the requirements of this Act or, that the person had reasonable grounds for believing and did in fact believe that the person had furnished all particulars required to be furnished by or under this Act.
It shall not be lawful for any officer of the Department, except for the purposes of the administration of this Act or the regulations, to make publicly known or to make available to any person or court any information furnished to the Director-General pursuant to the provisions of section 38A, or disclosed by an inspection made under the provisions of section 38B or by an audit made under the provisions of section 38D, or in an accountant’s report made pursuant to section 83, except:
(a) to the court before which any proceedings are pending or being taken for:
(i) the grant of a licence to or the renewal, restoration or cancellation of a licence of,
(ii) the registration or cancellation of the registration of, or
(iii) the disqualification under section 29A or 60 of,
the person to whom the information is relevant, or
(b) to the court in which proceedings are being taken for a breach of this Act against the person to whom such information is relevant, or
(c) to the court which or the judge or magistrate who may by order in accordance with subsection (4) of section 64J certify that any person should be permitted to claim against the Compensation Fund, or
(d) to any law enforcement officer for the purposes of ascertaining whether any criminal proceedings should be instituted under any law of the Commonwealth or of the State, another State or a Territory or for the purposes of such proceedings, or
(e) to any court before which criminal proceedings are being taken for the breach of any law of the Commonwealth or of the State, another State or a Territory.
The Director-General may communicate to any person directly concerned in any transaction with a licensee in connection with his or her business as a licensee any information furnished to the Director-General in accordance with the provisions of this Act, in so far as it relates to any such transaction and directly concerns any such person.
Any person who commits a breach of any provision of this section shall, in addition to any other proceedings, penalty or punishment to which the person may be liable, be guilty of an offence against this Act.
In this section,
(a) a member of the Police Service, the Australian Federal Police or of the police force of another State or a Territory, or
(b) the Director of Public Prosecutions or the Crown Prosecutor of the State or the Director of Public Prosecutions or the Crown Prosecutor of the Commonwealth or of another State or Territory, or
(c) any other person, or officer of an authority, responsible for the prosecution of offences under laws of the Commonwealth or of the State, another State or a Territory.
All writs, summonses, notices or other documents required or authorised to be served on or given to a licensee, shall be deemed to be duly served or given if left at the licensee’s registered office or registered address, as the case may be, with some person apparently in the employ of such licensee, or apparently in charge of the office or business of such licensee, or if sent by registered post, postage prepaid, addressed to such licensee at the licensee’s registered office or registered address as the case may be.
All writs, summonses, notices or other documents required or authorised to be served on or given to the holder of a certificate of registration under Part 4 shall be deemed to be duly served or given if left at the holder’s registered address with an inmate apparently over the age of fourteen years or if sent by registered post, postage prepaid, addressed to the holder of such a certificate at the holder’s registered address.
An authorised officer may serve a penalty notice on a person if:
(a) it appears to the officer that the person has committed an offence against this Act or the regulations, and
(b) the regulations prescribe the offence as being one for which a penalty notice may be issued.
A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the penalty prescribed by the regulations for the offence if dealt with under this section.
A penalty notice may be served personally or by post.
If the amount of the penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.
Payment under this section is not an admission of liability for the purposes of, and does not affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
The regulations may:
(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b) prescribe the amount of penalty for an offence if dealt with under this section, and
(c) prescribe different amounts of penalty for different offences or classes of offences.
The amount of penalty prescribed under this section for an offence may not exceed the maximum amount of penalty that could be imposed for the offence by a court.
This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
In this section:
(a) the Director-General, or
(b) a person authorised in writing by the Director-General as an authorised officer for the purposes of this section, or
(c) an investigator appointed under section 18 of the Fair Trading Act 1987.
Every person who commits any contravention of or fails to comply with any of the provisions of this Act shall be guilty of an offence against this Act.
Where no penalty is specially provided for any offence against this Act any person guilty of such offence shall be liable, if a corporation, to a penalty not exceeding 40 penalty units, and, if an individual, to a penalty not exceeding 20 penalty units.
Where any person is convicted of an offence against this Act the court may, in addition to any penalty or imprisonment imposed, order that the registration of the person be cancelled or order that the licence or licences (if any) or the certificate of registration (if any) held by such person be delivered up and cancelled, whereupon such registration or licence or licences or certificate of registration shall thereafter be deemed and taken to be cancelled and/or that such person be disqualified, for such period as the court may think fit, from holding any licence or certificate of registration under this Act.
Any penalty imposed by this Act or by the regulations may be recovered in a summary manner in a Local Court.
Where two or more persons commit or knowingly authorise or permit the commission of any offence against this Act each of such persons shall be liable therefor and the liability of each of them shall be independent of the liability of the other or others.
Proceedings for an offence against this Act (other than section 88) or the regulations may be commenced at any time within three years from the time when the offence occurred.
Without affecting the generality of the provisions of the Crimes Act 1900, any licensee who:
(a) fraudulently converts to the licensee’s own use or to the use of any other person:
(i) any moneys received by the licensee on behalf of any person in respect of any transaction in the licensee’s capacity as a real estate agent, a stock and station agent, a business agent, a strata managing agent, a community managing agent or an on-site residential property manager, or
(ii) any moneys so received which are held by the licensee as a stakeholder or in trust pending the completion of any transaction,
or any part of any such moneys, or
(b) fraudulently omits to account for, deliver or pay:
(i) any such moneys received by the licensee as aforesaid on behalf of any person or any part thereof to such person, or
(ii) any such moneys received by the licensee as aforesaid which are or were held by the licensee as a stakeholder or in trust as aforesaid pending the completion of the transaction or any part of such moneys to the person or persons entitled to such moneys, or
(c) fraudulently renders an account:
(i) of any moneys received by the licensee as aforesaid on behalf of any person or any part of such moneys, or
(ii) of any moneys received by the licensee as aforesaid which are or were held by the licensee as a stakeholder or in trust pending the completion of any transaction or any part of such moneys, or
(iii) of expenses, commission or other charges incidental to any transaction or proposed or contemplated transaction as a real estate agent, a stock and station agent, a business agent, a strata managing agent, a community managing agent or an on-site residential property manager,
knowing such account to be false in any material particular,
shall be guilty of an indictable offence and shall be liable to imprisonment for a term of not more than ten years.
A document purporting to be a certificate under the hand of the Director-General and stating that any person is or is not or was or was not on any date or during any period mentioned therein the holder of a licence of the class specified therein or the holder of a certificate of registration shall in all courts and before all persons and bodies authorised by law to receive evidence be prima facie evidence of the facts alleged.
Notwithstanding any proceedings against any person for an offence against this Act (whether resulting in a conviction or otherwise) such person shall remain liable to all civil proceedings in like manner as if the proceedings for an offence had not been taken.
(Repealed)
Where any act which by this Act or the regulations is declared to be an offence and which is committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he or she, as well as the body corporate, shall be deemed to be guilty of the offence, and he or she may be proceeded against and shall be liable to the pecuniary penalty or imprisonment or both provided by this Act or the regulations in the case of an offence by a person who is not a corporation.
The Governor may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Without prejudice to the generality of the power conferred by subsection (1) the Governor may, in and by the regulations:
(a) (Repealed)
(b) prescribe the procedure to be followed on applications and other proceedings under this Act,
(c)–(e) (Repealed)
(e1) fix the maximum amount of remuneration to which a licensee is entitled, by way of commission, fee, gain or reward, for services performed by him or her as a licensee,
(e2) require licensees to display or otherwise publicise or give notice of particulars of their remuneration and prescribe the consequences of a failure to comply with any such requirement,
(f) prescribe the books, accounts and records to be kept by a licensee and the mode of keeping the same,
(f1) prescribe the conditions applicable to and in respect of the sale by auction of land or livestock,
(f2) prescribe the manner in which the conditions of the sale by auction of land or livestock shall be notified.
(g), (h) (Repealed)
The regulations may prescribe rules of conduct to be observed in the course of carrying on his or her business by a licensee, or the holder of a certificate of registration.
A provision of the regulations requiring the keeping of any accounting or other records in the form of a book shall be deemed to have been complied with if those accounting or other records are kept in another form approved by the Director-General.
(Repealed)
A regulation may create an offence punishable by a penalty not exceeding 40 penalty units in the case of a corporation or 20 penalty units in any other case.
(Repealed)
Schedule 2 has effect.
(Section 5)
Auctioneers’ Licensing Act 1898 No 24
Auctioneers Licensing (Amendment) Act 1924 No 28
Auctioneers Licensing (Amendment) Act 1925 No 9
Auctioneers Licensing (Amendment) Act 1934 No 44
(Section 93)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
• the Auctioneers and Agents (Amendment) Act 1992,
• the Property, Stock and Business Agents (Amendment) Act 1994.
A provision referred to in subclause (1) may, if the regulations so provide, take effect as from the date of assent to the Act concerned or a later date.
To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part,
Auctioneers’ licences known as primary products licences and chattel auctioneers’ licences cease to have effect on the repeal of section 22 (2) by the amending Act.
A stock buyer’s licence ceases to have effect on the repeal of section 22 (1) (b1) by the amending Act.
All other auctioneers’ licences, being those formerly known as general auctioneers’ licences, cease to have effect on the repeal of section 22 (1) (a) by the amending Act, except as provided by clause 4.
A former general auctioneer’s licence that would otherwise cease to have effect because of clause 3:
(a) is taken to be a real estate agent’s licence or a stock and station agent’s licence (or both), if the General Manager approves in writing, and
(b) is taken to be restricted in its operation under section 22 (1A) to such purpose, if any, as may be specified by the General Manager in the approval,
for the rest of the term for which the former licence was issued or last renewed, subject to this Act.
Any such licence that is restricted in its operation cannot be renewed more than once.
The regulations may provide, and may empower a Local Court to make orders providing, that the former holder of a general auctioneer’s licence that ceased to have effect because of this Part is taken to be the holder of a specified licence for a specified period or pending a specified event so as to ensure that the former holder is not disadvantaged:
(a) while the General Manager is making a decision under this clause with respect to the licence, or
(b) while an appeal concerning any such decision is being determined.
A person who has applied to the General Manager for an approval (or who has been advised of a decision under clause 4 affecting the person’s licence) and who does not agree with any decision made by the General Manager may appeal to the Local Court that would hear an application for the licence sought if an objection had been made to its being granted.
An appeal must be brought within 30 days of the person’s being advised of the decision appealed against.
For the purpose of such an appeal, the General Manager is taken to have advised an applicant for an approval that the approval is refused if the applicant has not been given a decision on the application within 60 days of the date of making the application.
The decision of the Magistrate constituting the Local Court to which any appeal is brought is to be given effect to by the General Manager.
Section 23 (10A) (a), as amended by the amending Act, is taken to be in force so as to allow:
(a) the granting of approvals under this clause, and
(b) the bringing, hearing and determination of appeals in accordance with this clause.
Registration of a person as a real estate dealer ceases to have effect on the repeal of Division 2 of Part 4 by the amending Act.
Registration of a person as a trainee stock buying agent ceases to have effect on the repeal of section 56A (1) (d) by the amending Act.
A real estate agent’s licence, stock and station agent’s licence, a business agent’s licence or strata managing agent’s licence (whether or not a licence restricted under section 22 (1A)) in force immediately before the repeal of section 22 (1) (a)–(e) by the amending Act continues in force for the residue of the term for which the licence was issued or last renewed, subject to this Act.
A holder of a certificate of registration immediately before the repeal of section 51 by the amending Act is taken to be registered under, and the certificate is taken to be a certificate of registration issued under, Part 4 (as amended by the amending Act) on that repeal.
The General Manager may issue replacement licences or certificates of registration to take the place of any licences or certificates of registration that continue to have effect because of this Part.
For the purposes of this Part, a licence is taken to continue to have effect even if it has effect as a licence of a different kind because of the operation of this Part.
(Repealed)
A licence restricted in its operation to a specified region or place ceases to be so restricted on the repeal of section 22 (1A) by the amending Act.
After the repeal of section 22 (1A) by the amending Act, a real estate agent’s licence, stock and station agent’s licence, a business agent’s licence or strata managing agent’s licence that (before that repeal) was restricted to a specified purpose:
(a) continues to be so restricted, and
(b) cannot be renewed more than once.
On the repeal of section 36C (3) by the amending Act, the Council must pay to the Treasurer for payment into the Consolidated Fund the balance of all unclaimed trust account money that was paid into the fund under that provision.
Any money paid into the Consolidated Fund under this clause is taken to have been paid into the Consolidated Fund under section 36C, as amended by the amending Act.
A claim against the Real Estate Services Council Compensation Fund concerning a failure of a licensee to account that occurred when the person held a licence is not defeated only because the licence has ceased to have effect as a result of the amending Act.
A claim against the Real Estate Services Council Compensation Fund concerning a failure of a registered real estate dealer to account that occurred when the person was so registered is not defeated only because the registration has ceased to have effect as a result of the amending Act.
Section 38 (
Section 55 (
Section 79 (
A refund or partial refund of an annual fee paid for a licence or of an application or annual fee paid for registration is not payable as a consequence of the abolition by the amending Act of the class of licence or registration concerned.
In this Part,
As soon as practicable after the repeal of section 36E, the Council must repay all money deposited with it under section 36D to the person or firm that deposited it.
However, if the person or firm that deposited the money is no longer a licensee, the Council must pay the money to the Treasurer for payment to the Consolidated Fund.
The Treasurer must, on application made to the Treasurer by any person entitled to money paid into the Consolidated Fund under subclause (2), pay the money to the person.
Despite the repeal of section 36E, the money so deposited may, pending its repayment or payment under this clause, continue to be invested as provided by subsection (3) of that section.
Section 36 applies to a person or firm to which money is repaid under subclause (1).
As soon as practicable (and in any case not later than 3 months) after the requirements of clause 17 (1) and (2) have been complied with, the Council must close the Real Estate Services Council Special Account.
Any money in the Statutory Interest Account invested under section 63D (as in force immediately before the commencement of Schedule 2 (4) to the amending Act) is taken to have been invested under that section (as in force after that commencement).
Section 74 (as in force after the commencement of Schedule 2 (7) to the amending Act) does not apply to a claim that has been barred by section 74 (as in force immediately before that commencement).
Subsections (1B) and (1C) of section 23C, and subsection (3) of section 64A, extend to a licence that expired before the commencement of those subsections.
The Property Services Council Administration Account is a continuation of the Real Estate Services Council Administration Account. A reference in an existing instrument to the Real Estate Services Council Administration Account is to be read as a reference to the Property Services Council Administration Account.
The Property Services Council Statutory Interest Account is a continuation of the Real Estate Services Council Statutory Interest Account. A reference in an existing instrument to the Real Estate Services Council Statutory Interest Account is to be read as a reference to the Property Services Council Statutory Interest Account.
The Property Services Council Compensation Fund is a continuation of the Real Estate Services Council Compensation Fund. A reference in an existing instrument to the Real Estate Services Council Compensation Fund is to be read as a reference to the Property Services Council Compensation Fund.
In this clause existing instrument means each of the following:
(a) another Act enacted before the commencement of this clause,
(b) an instrument made under an Act before the commencement of this clause,
(c) an instrument of any other kind executed before the commencement of this clause.
This clause applies to a person to whom a 3-year licence, or a 3-year renewal of a licence, was granted on or after 1 March 1996 and before the date of commencement of Schedule 1.25 to the Statute Law (Miscellaneous Provisions) Act 1996.
A person to whom this section applies may notify the Council in writing that the person wishes to surrender the licence in respect of the second and third years of the licence’s operation and may deliver the licence to the Council.
If the Council receives such a notice and licence, the Council must:
(a) endorse on the licence the words “surrendered with respect to the second and third year of operations”, and
(b) record in the register kept by the Council under section 30 (2) the fact that the licence has been surrendered to that extent, and
(c) issue a replacement licence in respect of the first year of the 3-year licence (that is, in respect of the period ending one year after the 3-year licence commenced), and
(d) refund to the licence holder two-thirds of the amounts payable in respect of issuing or renewing the 3-year licence.
This clause does not affect the rights of any person to surrender a licence completely under section 22 (4).
This clause ceases to have effect on the first anniversary of the commencement of Schedule 1.25 to the Statute Law (Miscellaneous Provisions) Act 1996.
Proceedings instituted under section 42A but not determined before 1 March 1999 are to be determined in accordance with that section as in force when the proceedings are determined.
Until 31 August 1999, a licensee must append to a statement of claim or itemised account under section 42A a notice in the form last approved under section 42A (4A).
(Repealed)
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0
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