Australian Capital Territory Consolidated Regulations

AGENTS REGULATION 2003 - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     ACT

              •     commissioner for fair trading

              •     Corporations Act

              •     penalty unit (see s 133).

Note 3     Terms used in this regulation have the same meaning that they have in the Agents Act 2003 (see Legislation Act, s 148). For example, the following terms are defined in the Agents Act 2003, dict:

              •     agency agreement

              •     agent

              •     buyer

              •     employee

              •     licensed real estate agent

              •     owners corporation managing agent

              •     records

              •     registered

              •     rural land

              •     trust account.

"agent", for schedule 8 (Rules of conduct)—see schedule 8, section 8.1.

"ANTA" means the Australian National Training Authority established by the Australian National Training Authority Act 1992 (Cwth).

"approved", for the Property Services Training Package (CPP07)," "means approved by the Commonwealth Department of State responsible for training under the Administrative Arrangements Order (Cwlth), as in force from time to time.

"business"—

        (a)     for schedule 7 (Terms specific to agency agreements for sale of business)—see schedule 7, section 7.1; and

        (b)     for schedule 8, part 8.5 (Rules specific to business agents and registered salespeople they employ)—see schedule 8, section 8.57.

"property manager", for schedule 8 (Rules of conduct)—see schedule 8, section 8.1.

"registered salesperson", for schedule 8 (Rules of conduct)—see schedule 8, section 8.1.

"registered training organisation"—see the Training and Tertiary Education Act 2003, dictionary.

"repealed Act "means the Agents Act 1968 (repealed by the Agents Act 2003).

"statement of attainment"—see the Training and Tertiary Education Act 2003, dictionary.

"unqualified real estate salesperson" means a person—

        (a)     to whom the Act, section 49 (1) (a) and (c) applies; and

        (b)     who does not have the qualifications prescribed under the Act, section 50.

Note     Section 9 prescribes qualifications for registration as a salesperson.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This regulation was originally the Agents Regulations 2003. It was renamed under the Legislation Act 2001.

Agents Regulation 2003 SL2003-38

notified LR 31 October 2003

s 1, s 2 commenced 31 October 2003 (LA s 75 (1))

remainder commenced 1 November 2003 (s 2)

as amended by

Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 3

notified LR 29 June 2004

s 1, s 2 commenced 29 June 2004 (LA s 75 (1))

pt 3 commenced 30 June 2004 (s 2 (1))

Agents Amendment Regulations 2004 (No 1) SL2004-49

notified LR 13 September 2004

s 1, s 2 commenced 13 September 2004 (LA s 75 (1))

remainder commenced 14 September 2004 (s 2)

Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.2

notified LR 12 May 2005

s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))

sch 3 pt 3.2 commenced 2 June 2005 (s 2 (1))

Agents Amendment Regulations 2005 (No 1) SL2005-10

notified LR 27 May 2005

s 1, s 2 commenced 27 May 2005 (LA s 75 (1))

remainder commenced 28 May 2005 (s 2)

Agents Amendment Regulation 2006 (No 1) SL2006-18

notified LR 15 May 2006

s 1, s 2 commenced 15 May 2006 (LA s 75 (1))

remainder commenced 16 May 2006 (s 2)

Agents Amendment Regulation 2006 (No 2) SL2006-24

notified LR 1 June 2006

s 1, s 2 commenced 1 June 2006 (LA s 75 (1))

remainder commenced 2 June 2006 (s 2)

Agents Amendment Regulation 2006 (No 3) SL2006-47

notified LR 2 November 2006

s 1, s 2 commenced 2 November 2006 (LA s 75 (1))

remainder commenced 3 November 2006 (s 2)

Agents Amendment Regulation 2007 (No 1) SL2007-3

notified LR 14 February 2007

s 1, s 2 commenced 14 February 2007 (LA s 75 (1))

remainder commenced 15 February 2007 (s 2)

Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.1

notified LR 13 June 2007

s 1, s 2 commenced 13 June 2007 (LA s 75 (1))

sch 1 pt 1.1 commenced 1 July 2007 (s 2 and CN2007-3)

Agents Amendment Regulation 2008 (No 1) SL2008-32

notified LR 5 August 2008

s 1, s 2 commenced 5 August 2008 (LA s 75 (1))

remainder commenced 6 August 2008 (s 2)

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.5

notified LR 4 September 2008

s 1, s 2 commenced 4 September 2008 (LA s 75 (1))

sch 1 pt 1.5 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

Agents Amendment Regulation 2009 (No 1) SL2009-34

notified LR 30 June 2009

s 1, s 2 commenced 30 June 2009 (LA s 75 (1))

remainder commenced 1 July 2009 (s 2)

4     Amendment history

Name of regulation
s 1     am R4 LA

Commencement
s 2     om LA s 89 (4)

Dictionary
s 3     am A2007-12 amdt 1.1

Act does not apply to interstate travel agents advertising in ACT—Act, s 6 (l)
s 5A     ins SL2006-18 s 4

Act, s 24 (4) (b) does not apply to public company providing travel
service—Act, s 6 (l)
s 5B     ins SL2006-47 s 4

Act does not apply to Havelock Housing Association Inc—Act, s 6 (l)
s 5C     ins SL2007-3 s 4

Act, s 28, s 29 (1) and s 45 do not apply in relation to owners corporation managing agent––Act, s 6 (l)
s 5D     ins SL2009-34 s 4

Qualifications for licences—Act s 25
s 6     am A2004-32 s 10; regs renum R2 LA (see A2004-32 s 11); SL2006-18 s 5
    (4) (d), (5) exp 16 May 2007 (s 6 (5))
    am A2007-12 amdt 1.2; SL2008-32 s 4; ss renum R13 LA; SL2009-34 s 5; ss renum R15 LA

Relevant law for property training packages
s 7     sub SL2008-32 s 5

Licence conditions—Act s 34 (1) (a)
s 7A     ins SL2004-49 s 4

Eligibility of unqualified real estate salespeople for registration—Act, s 49 (2)
s 8A     ins SL2004-49 s 5
    am A2005-20 amdt 3.9; SL2006-24 s 4; SL2008-32 s 6

Eligibility for registration—certain unqualified real estate salespeople—Act, s 49 (2)
s 8B     ins SL2006-24 s 5

Qualifications for registration as salesperson—Act, s 50
s 9     am SL2004-49 s 6, s 7
    sub SL2008-32 s 7

Registration conditions—Act s 58 (1) (a)
s 10A     ins SL2004-49 s 8

Use of excess trust money—Act s 163
s 16     om A2008-37 amdt 1.18

Disapplication of Legislation Act, s 47 (6)
s 18A     ins SL2008-32 s 8

Transitional provisions
pt 7 hdg     exp 1 June 2006 (s 21)

Eligibility for registration—unregistered employees before commencement day—Act, s 49 (2)
s 19     exp 1 June 2006 (s 21)

Eligibility for registration—new employees on and after commencement day—Act, s 49 (2)
s 20     exp 1 June 2006 (s 21)

Eligibility for registration—certain unqualified real estate salespeople—Act, s 49 (2)
s 20A     ins SL2004-49 s 9
    am SL2005-10 s 4
    exp 1 June 2006 (s 21)

Expiry of pt 7
s 21     sub SL2005-10 s 5
    exp 1 June 2006 (s 21)

Transitional—Unit Titles Amendment Act 2008 (No 2)
pt 8 hdg     ins SL2009-34 s 6
    exp 1 January 2010 (s 31)

Owners corporation managing agents––Act, s 220 (1)
s 30     ins SL2009-34 s 6
    exp 1 January 2010 (s 31)

Expiry—pt 8
s 31     ins SL2009-34 s 6
    exp 1 January 2010 (s 31)

Licensing of real estate, stock and station, and business agents—units of competency in CPP07
sch 1     sub SL2008-32 s 9

Registration of salespeople—units of competency in CPP07
sch 2     sub SL2008-32 s 10

Terms applying to all agency agreements
sch 3     ss renum R4 LA

Terms specific to agency agreements for sale of residential property
sch 4     ss renum R4 LA

Terms specific to a buyers agent agency agreements
sch 5     ss renum R4 LA

Terms specific to agency agreements for sale of rural land
sch 6     ss renum R4 LA

Terms specific to agency agreements for sale of business
sch 7     ss renum R4 LA

Rules of conduct
sch 8     ss renum R4 LA

Definitions for sch 8
s 8.1     def property manager sub A2005-20 amdt 3.10

Confirmation of specific instructions—leasing of property
s 8.42     am SL2006-24 s 6

Property management—real estate agents
div 8.3.3 hdg     sub A2005-20 amdt 3.11

Property management—stock and station agents
div 8.4.2 hdg     sub A2005-20 amdt 3.12

Dictionary
dict     am SL2006-47 s 5; SL2009-34 s 7
    def approved ins SL2008-32 s 11
    def registered training organisation am A2007-12 amdt 1.3
    def statement of attainment am A2007-12 amdt 1.4
    def unqualified real estate salesperson ins SL2004-49 s 10

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Nov 2003	1 Nov 2003– 29 June 2004	not amended	new regulation
R2 30 June 2004	30 June 2004- 13 Sept 2004	A2004-32	amendments by A2004-32
R3 14 Sept 2004	14 Sept 2004– 3 Nov 2004	SL2004-49	amendments by SL2004-49
R4 4 Nov 2004	4 Nov 2004– 27 May 2005	SL2004-49	editorial amendments under Legislation Act
R5 28 May 2005	28 May 2005– 1 June 2005	SL2005-10	amendments by SL2005-10
R6 2 June 2005	2 June 2005– 15 May 2006	SL2005-10	amendments by A2005-20
R7 16 May 2006	16 May 2006– 1 June 2006	SL2006-18	amendments by SL2006-18
R8 2 June 2006	2 June 2006– 2 Nov 2006	SL2006-24	commenced expiry and amendments by SL2006-24
R9 3 Nov 2006	3 Nov 2006– 14 Feb 2007	SL2006-47	amendments by SL2006-47
R10 15 Feb 2007	15 Feb 2007– 16 May 2007	SL2007-3	amendments by SL2007-3
R11 17 May 2007	17 May 2007– 30 June 2007	SL2007-3	commenced expiry
R12 1 July 2007	1 July 2007– 5 Aug 2008	A2007-12	amendments by A2007-12
R13 6 Aug 2008	6 Aug 2008– 1 Feb 2009	SL2008-32	amendments by SL2008-32
R14* 2 Feb 2009	2 Feb 2009– 30 June 2009	A2008-37	amendments by A2008-37
R15 1 July 2009	1 July 2009– 1 Jan 2010	SL2009-34	amendments by SL2009-34

© Australian Capital Territory 2010

Australian Capital Territory

SL2003-38

Republication No 16

Effective: 2 January 2010

Republication date: 2 January 2010

Last amendment made by SL2009-34
(republication for commenced expiry)




Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Agents Regulation 2003

, made under the Agents Act 2003

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 January 2010

. It also includes any amendment, repeal or expiry affecting the republished law to 2 January 2010

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Agents Regulation 2003

Division 8.3.1 Sales 42

Division 8.3.2 Buyers agents 44

Division 8.3.3 Property management—real estate agents 46

Division 8.4.1 Sales 52

Division 8.4.2 Property management—stock and station agents 54

Endnotes

Australian Capital Territory

Agents Regulation 2003