Australian Capital Territory Consolidated Acts

AGENTS ACT 2003 - SECT 86

    (1)     An agent commits an offence if the agent—

        (a)     acts for a seller of land; and

        (b)     intentionally—

              (i)     obtains a beneficial interest in the land; or

              (ii)     is in any way involved in someone else obtaining a beneficial interest in the land.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (2)     Subsection (1) does not apply to an agent in relation to a beneficial interest in land if—

        (a)     before the interest is obtained—

              (i)     the agent fully discloses to the seller the circumstances surrounding the obtaining of the beneficial interest; and

              (ii)     the seller agrees in writing to the obtaining of the interest; and

Note     If a form is approved under s 177 for an agreement, the form must be used.

        (b)     the seller—

              (i)     does not pay to the agent any commission or reward for the sale of the land; or

              (ii)     if the agent is a licensed agent––agrees in writing, before entering into a contract for the sale of the land, to the payment of a commission or reward to the agent for the sale.

Note     If a form is approved under s 177 for an agreement, the form must be used.