LAND AGENTS ACT 1927 - As at 17 July 2009 - Act 3 of 1927 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Act 2. Commencement and application of Act 3. Definitions PART 2 - REGISTRATION 4. Registration of land agents 5. Firm 6. Cancellation 7. Court’s decision final PART 3 - TAXATION OF BILL OF LAND AGENT 8. Delivery of signed bill by land agent 9. Taxation of bill PART 4 - ORDERS 10. Order for delivery up of documents 11. Procedure PART 5 - RULES 12. Rules LAND AGENTS ACT 1927 - LONG TITLE An Act to provide for the registration and control of land agents; to amend the Crown Lands Consolidation Act 1913 and certain other Acts; and for purposes connected therewith. LAND AGENTS ACT 1927 - SECT 1 Name of Act 1 Name of Act This Act may be cited as the Land Agents Act 1927. LAND AGENTS ACT 1927 - SECT 2 Commencement and application of Act 2 Commencement and application of Act (1) This Act shall come into force on the first day of January, one thousand nine hundred and twenty-seven. (2) This Act does not apply to an Australian legal practitioner. LAND AGENTS ACT 1927 - SECT 3 Definitions 3 Definitions In this Act, unless the context otherwise requires: "Court" means the Land and Environment Court. The expressions "Crown Lands Acts" and "Local Land Board" have the meanings given to them respectively in the Crown Lands Consolidation Act 1913. "Land agent" means a person acting for fee, gain, or reward in any matter or proceeding under the Crown Lands Acts, or the Closer Settlement Acts, or the Returned Soldiers Settlement Act 1916, or under the Western Lands Acts, or under any other Act the administration of which is or may be by statute, custom, or Executive authority vested in the Minister for Lands, or in any matter or proceeding under any of such Acts before the court or any local land board. "Registrar" means registrar of the court. LAND AGENTS ACT 1927 - SECT 4 Registration of land agents 4 Registration of land agents (1) All land agents shall be registered in the court. (2) Any person who, after the expiration of six months from the commencement of this Act, carries on or advertises that the person carries on the business of land agent without being registered as aforesaid shall be liable to a penalty not exceeding 1 penalty unit, to be recovered in a summary way before the Local Court. (3) After the expiration of the said period, no person, unless the person is registered as aforesaid, shall be entitled to charge or recover any fees or other moneys for work done by the person as a land agent. (4) The registrar shall in the prescribed manner keep a register of land agents. (5) No person shall be qualified to be registered if the person: (a) is under the age of twenty-one years at date of application for registration, or (b) does not satisfy the court as to his or her good fame and character. The Minister for Lands or any other person shall be entitled to be heard and to adduce evidence upon any such application. LAND AGENTS ACT 1927 - SECT 5 Firm 5 Firm The registrar may give notice to a person registered as a land agent under this Act who is a member of a firm carrying on business as land agents that any other partner thereof is a person who is disqualified from being registered on either of the grounds set out in paragraphs (a) or (b) of subsection (5) of section 4, and that steps to dissolve the partnership should be taken within a time specified in the notice or such further time as the court may allow. LAND AGENTS ACT 1927 - SECT 6 Cancellation 6 Cancellation (1) The registration of a land agent shall be in force until cancelled. The court may cancel a registration on proof of the misconduct, malpractice, or gross negligence of an agent or (a) on the occurrence of any event which would disqualify him or her from being registered, or (b) if any such registration has been effected erroneously or in consequence of any false or fraudulent document, statement, or representation, or (c) if being a member of a firm of which any other member is disqualified from being registered, the person registered fails to comply with a notice given by the registrar under section 5, or (d) if the person registered employs in the control and management of his or her business as a land agent any person who is disqualified from being registered on either of the grounds specified in paragraphs (a) or (b) of subsection (5) of section 4 after notice has been given to him or her by the registrar that such person is so disqualified. (2) Before cancelling the registration the court shall cause the prescribed notice to be given to the agent, and shall hear and consider any representations made by the agent or on his or her behalf. LAND AGENTS ACT 1927 - SECT 7 Court’s decision final 7 Court’s decision final The decision of the court to refuse to register any applicant or to cancel any registration already effected shall be final, and effect shall be given thereto by the registrar. LAND AGENTS ACT 1927 - SECT 8 Delivery of signed bill by land agent 8 Delivery of signed bill by land agent No land agent shall, unless by leave of the court, commence any action or suit for the recovery of any fee, charge, or disbursement for or in connection with work done by him or her as such agent until the expiration of one month after the land agent has delivered to the party charged therewith personally or by registered post a bill of such fee, charge, and disbursement signed by him or her. LAND AGENTS ACT 1927 - SECT 9 Taxation of bill 9 Taxation of bill (1) On application to the registrar made within the said month, or at any time thereafter on the order of the court, the bill shall be taxed by the registrar. Such order may in special circumstances be made although the bill has been paid. And the person who has paid such bill may recover from the land agent any sum in excess of the amount at which the bill is finally taxed. (2) In any such order the court may restrain the land agent from commencing or continuing any action or suit for the recovery of the whole or any part of the fee, charge, or disbursement referred to in the bill, and may impose such terms as it thinks fit on the person chargeable under the bill. (3) The court may order the registrar to review and correct his or her taxation of a bill. LAND AGENTS ACT 1927 - SECT 10 Order for delivery up of documents 10 Order for delivery up of documents The court may make any order for the delivery up of any documents or writings in the possession or under the control of a land agent. LAND AGENTS ACT 1927 - SECT 11 Procedure 11 Procedure Applications to the court under this Act shall, until otherwise prescribed by rules of court, be made by motion made on notice, and the costs of and relating to any such application shall be in the discretion of the court, and may be assessed by the court or ordered to be taxed. LAND AGENTS ACT 1927 - SECT 12 Rules 12 Rules The court may make rules: (a) for the registration of land agents, the fees to be paid therefor, and the cancellation of such registration, (b) for the taxation of bills of land agents, (c) prescribing a scale of the costs which may be allowed in respect of any proceeding under this Act, and the method of taxing such costs, (d) prescribing the fees and charges which may be demanded and recovered by land agents for work done by them as such, (e) for carrying the provisions of this Act into effect. LAND AGENTS ACT 1927 - NOTES Does not include amendments by: Miscellaneous Acts (Local Court) Amendment Act 2007 No 94 (amended by Statute Law (Miscellaneous Provisions) Act 2009 No 56) (the amendments made by Statute Law (Miscellaneous Provisions) Act 2009 No 56 have not commenced) LAND AGENTS ACT 1927 - NOTES Note: The Act was repealed by Sch 5 to the Statute Law (Miscellaneous Provisions) Act 2009 No 56 with effect from 17.7.2009. LAND AGENTS ACT 1927 - NOTES Reprint history (since 1972): Reprint No x 28 May 1981 LAND AGENTS ACT 1927 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsLand Agents Act 1927 No 3. Assented to 21.1.1927. Date of commencement, 1.1.1927, sec 2 (1). This Act has been amended as follows: _____________________________________________________________________________ | | |Decimal Currency Act | | | |1965. Assented to 20.12.1965. | |1965|No 33 | | | | |Date of commencement of sec 4, 14.2.1966, secs 1 (3), 2 (1) and | | | |the Currency Act | |_____________________________________________________________________________| | | |Miscellaneous Acts (Planning) Repeal | | | |and Amendment Act 1979. Assented to 21.12.1979. | |1979|No 205| | | | |Date of commencement of Sch 2, Part 1, 1.9.1980, sec 2 (4) and GG| |_____________________________________________________________________________| | | |Statute Law (Penalties) Act 1993. Assented to 15.6.1993. | |1993|No 47 | | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act 1995. Assented to | | | |15.6.1995. | |1995|No 16 | | | | |Date of commencement of the provisions of Sch 3 relating to the | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |1999|No 31 |Act 1999. Assented to 7.7.1999. | | | | | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |2007|No 27 |Act 2007. Assented to 4.7.2007. | | | | | |_____________________________________________________________________________| | | |Miscellaneous Acts (Local Court) | | | |Amendment Act 2007. Assented to 13.12.2007. | | |No 94 | | | | |Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW | |_____________________________________________________________________________| This Act has also been amended pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 2.10.1979, and published in GG No 138 of 5.10.1979, p 5009, declaring that the Land Agents Act 1927 is an enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply. Table of amendmentsNo reference is made to certain amendments made by the Decimal Currency Act 1965 and the Reprints Act 1972, and Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act 1995. ___________________________________________________________________________ |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| |Sec 4 |Am 1993 No 47, Sch 1; 1999 No 31, Sch 4.46; 2007 No 94, Sch| |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| |The whole Act |Am 1999 No 31, Sch 5.55 [1] (each heading that is not a sec| |___________________________________________________________________________|