Australian Capital Territory Consolidated Acts

AGENTS ACT 2003 - SECT 73

    (1)     An agreement between licensed agents to share a commission, fee or reward for a service carried out as licensed agents is unenforceable unless the agreement—

        (a)     is in writing; and

        (b)     is signed by each of the licensed agents; and

        (c)     contains the terms prescribed by regulation for this section.

    (2)     A provision in, or applying to, the agreement that purports to exclude or change the operation of this section (including the terms prescribed by regulation for this section) is void.

    (3)     This section does not apply to—

        (a)     an agreement between licensed agents who are in partnership together; or

        (b)     an agreement between licensed agents if one agent employs the other; or

        (c)     an agreement, transaction, circumstance or kind of person exempted from this section by regulation; or

        (d)     an agreement for services in relation to land (other than rural land), if the land is used or intended to be used only or mainly for commercial, business or industrial purposes.

    (4)     A licensed agent commits an offence if the agent enters into an agreement that is unenforceable because of subsection (1).

Maximum penalty: 50 penalty units.

    (5)     An offence against subsection (5) is a strict liability offence.