Australian Capital Territory Consolidated Acts

AGENTS ACT 2003 - SECT 87

    (1)     A salesperson commits an offence if—

        (a)     the salesperson is employed by an agent; and

        (b)     the agent acts for a seller of land; and

        (c)     the salesperson 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: 100 penalty units, imprisonment for 1 year or both.

    (2)     This section does not apply to a salesperson in relation to a beneficial interest in land if—

        (a)     before the interest is obtained—

              (i)     the salesperson 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 salesperson any commission or reward for the sale of the land; or

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

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