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PROPERTY, STOCK AND BUSINESS AGENTS ACT 1941 - As at 7 July 2003 - Act 28 of 1941

- As at 7 July 2003 - Act 28 of 1941

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
    • 2. (Repealed)
  • 3 Definitions
  • 4 Act not to apply to certain persons or bodies
  • 5 Repeal of certain Acts

PART 2 - (Repealed)

PART 3 - REAL ESTATE AGENTS, STOCK AND STATION AGENTS, BUSINESS AGENTS, STRATA MANAGING AGENTS, COMMUNITY MANAGING AGENTS AND ON-SITE RESIDENTIAL PROPERTY MANAGERS

Division 1 - Licences

Division 2 - Licensees generally

Division 3 - Auctioneers

44. (Repealed)
  • 45 Collusive practices at auction sales
  • 46 Entry by auctioneer or employee in record or book kept by auctioneer as purchaser of land or livestock sold by auction of any name other than the name of the actual successful bidder
  • 47 Notice of material parts of secs 45 and 85C to be given at auction sale
  • 48 Misrepresentation as to quality etc
  • 49 Bidding by seller or auctioneer or persons on their behalf
  • 50 Livestock auctions: "comeback" prohibited

Division 4 - Business agents

50A. (Repealed)
  • 50B Records to be kept by business agent
    • 50C. (Repealed)
  • 50D Agents for sale of businesses to be authorised in writing
    • 50E-50H. (Repealed)

Division 5 - Stock and station agents

50I. (Repealed)

Division 6 - (Repealed)

Division 7 - Strata managing agents and community managing agents

  • 50K Definitions
  • 50L Production of certain instruments

PART 4 - REAL ESTATE SALESPERSONS, STOCK AND STATION SALESPERSONS, BUSINESS SALESPERSONS AND TRAINEE MANAGING AGENTS

Division 1 - Interpretation

  • 51 Definitions

Division 2 - (Repealed)

Division 3 - Real estate salespersons, stock and station salespersons, business salespersons and trainee managing agents

  • 56 Persons required to be registered
    • 56A. (Repealed)
  • 57 Procedure
  • 58 Register to be kept by Director-General
  • 58A Registration of supervising licensees
  • 59 Registered employer and registered address
  • 60 Cancellation of certificate of registration
  • 60AA Disqualification of former certificate of registration holders
  • 60A Commencement of certain determinations and orders
  • 61 Appeal
  • 62 Production of certificate of registration
  • 63 Holder not to lend certificate of registration
  • 63A Failure to deliver up certificate

PART 4A - PROPERTY SERVICES STATUTORY INTEREST ACCOUNT

PART 5 - (Repealed)

PART 6 - COMPENSATION FUND

Division 1 - Establishment and management

Division 2 - Contributions and levies

  • 64D Contributions
  • 64E Levies

Division 3 - Claims

Division 4 - Examination of accounts of licensees and former licensees

PART 6A - RECEIVERS

  • 83A Definitions
  • 83B Power of Court to appoint receiver in certain cases
  • 83C Application for appointment of receiver
  • 83D Copy of order appointing receiver to be served on licensee
  • 83E Receiver may require delivery of property
  • 83F Receiver may forbid withdrawal of moneys from financial institution
  • 83G Receiver may take possession of property
  • 83H Improperly withdrawing money or destroying or concealing property
  • 83I Power of receiver to deal with property
  • 83J Application for directions
  • 83K Property claimed by licensee
  • 83L Liens for costs on property held by receiver
  • 83M Power of Court to order person to appear for examination by receiver
  • 83N Application for termination of appointment of receiver
  • 83O Property not dealt with by receiver
  • 83P Receiver may invest moneys in hands
  • 83Q Remuneration of receiver and expenses of receivership
  • 83R Cost of proceedings
  • 83S Claim or charge against receiver may be paid from Compensation Fund
  • 83T Re-opening of agreement as to receiver's remuneration
  • 83U Court may review receiver's expenses
  • 83V Power of Court to give general directions
  • 83W Receiver not deemed to be personal representative
  • 83X Property held by receiver to be free from execution or attachment
  • 83Y Returns by receiver

PART 7 - GENERAL

  • 84 Offences in connection with the sale of allotments of land
  • 84AA Proposed contract for sale of residential property
  • 84AB Contracts for sale of residential property
  • 84AC Procedure following rescission
  • 84A Penalty for publishing false or misleading advertisements
  • 84B Misrepresentation by licensee, salesperson or trainee managing agent
  • 85 Construction of certain agreements
  • 85A Live stock auctions: warranty as to certain diseases and conditions
  • 85B Contracting out of prescribed terms and conditions of auction sales
  • 85C Auction sales: successful bidder to supply information to auctioneer etc
  • 86 Furnishing incorrect particulars in applications
  • 86A Officers of Department not to disclose information
  • 86B Service of writs etc
  • 86C Penalty notices
  • 87 Offences against Act
  • 87A Time for commencing proceedings
  • 88 Wrongful conversion and false accounts
  • 89 Certificate evidence of licence or registration
  • 90 Civil remedy not affected by proceedings for an offence
  • 91 Corporations
  • 92 Regulations
  • 93 Savings and transitional provisions

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