Northern Territory Consolidated Acts

AGENTS LICENSING ACT

TABLE OF PROVISIONS

           Long Title

           Part I Preliminary
   1.      Short title
   2.      Commencement
   3.      Repeal
   4.      Application
   5.      Interpretation
   5A.     Exemptions
   5B.     Exemption for trust money of corporation manager
           Part II Agents Licensing Board
   6.      The Board
   7.      Appointment of members and tenure
   7A.     Alternate members
   8.      Registrar, Deputy Registrars and inspectors
   9.      Chairman
   11.     Removal of member
   12.     Vacation of office
   13.     Resignation
   14.     Meetings
   15.     Member not to act where interested
   16.     Delegation
           Part III Licence to carry on business as agent
           Division 1 General
   17.     Unlicensed persons not to act as agents
   18.     Certain persons ineligible to apply for licence without leave of Board
   19.     Leave not to affect other requirements
           Division 2 Qualifications for licence as agent
   20.     Meaning of fit and proper person
   22.     Eligibility for licence
   22A.    Board may approve course of competency-based training
   23A.    Provisional licence on acquisition of business
   24.     Persons licensed or registered as agents elsewhere
   25.     Licence of company or firm
   25A.    Restricted licence
           Division 3 Applications, objections and determination of applications for licences
   26.     Applications by persons other than companies or firms
   27.     Applications by companies or firms
   28.     Objections
   29.     Grant or refusal of licences
   30.     Board to hold inquiry before refusal
   31.     Issue of licences
   31A.    Special endorsement for conveyancing agents
   31B.    Board may approve course of competency-based training
   32.     Duration and renewal
   32B.    Licensed agent when not carrying on business
           Part IV Registration of agents' representatives
   32C.    Part does not apply to conveyancing agents
   33.     Agents' representatives to be registered
   34.     Directors, managers, &c., of licensed agent
   35.     Licensed agents not to employ unregistered representatives
   36.     Prohibition of employment by 2 agents
   37.     Application for registration
   38.     Furnishing of information
   39.     Qualifications
   41.     Certificate of registration
   41A.    Restricted registration
   42.     Objections
   43.     Surrender of certificate
   43A.    Annual fee
   44.     Disciplinary action
   44A.    Board may suspend registration pending inquiry
   44B.    Powers of Board after inquiry
   44C.    Cancellation if become licensed as agent
   45.     Employer to be notified of suspension or cancellation of agent's registration
   46.     Unemployed representative
   47.     Notice of employment
   48.     Registrar may direct surrender
           Part V Trust moneys, trust accounts and agents' records
           Division 1 Trust moneys and accounts
   49.     Trust moneys
   50.     Opening of account
   51.     Notification of account
   52.     Operation of trust account
   53.     Protection of trust moneys
   54.     Provisions relating to ADI accounts
           Division 2 Agents' records
   55.     Accounting records
   56.     Receipt for trust moneys
   57.     Business moneys other than trust moneys
           Division 3 Audit and inspection of trust accounts
   58.     Prescribed period
   59.     Audit
   60.     Qualifications of auditor
   61.     Furnishing of documents, information, &c.
   62.     Auditor's report
   63.     Special report
           Division 4 Inspections
   64.     Inspectors
           Part VI Rules of conduct for agents
   64A.    Rules of conduct for agents
   65.     Rules of conduct
           Part VIA Agreements between licensed agents and clients
   65A.    Prescription of terms, &c., of agreement
   65B.    Consultation regarding agreements
   65C.    Form of agreement
   65D.    Application of prescribed terms, &c.
   65E.    Special provisions relating to conveyancing agents
           Part VII Surrender and revocation of licences
   66.     Surrender
   67.     Grounds for disciplinary action
   68.     Applications for disciplinary action
   68A.    Board may suspend licence pending inquiry
   69.     Powers of Board after inquiry
   69A.    Profits to be repaid
   70.     Effect of suspension or revocation
           Part VIII Receivers
   71.     Appointment
   72.     Responsibility
   73.     Notice to ADI
   73A.    Access to books, &c.
   74.     Powers of receiver
   75.     Remuneration
   76.     Interpretation
           Part IX Inquiries by Board
   77.     Inquiries
   78.     Power to summon witnesses
   79.     Failure to attend or produce documents
   80.     Refusal to be sworn or give evidence
   81.     Record of evidence of witnesses
   82.     Protection of members
   83.     Protection of persons appearing before Board
   84.     Board may inspect books, &c.
   84A.    Publication of findings and determination
   84B.    Proceedings to be open to public
           Part X Appeals to Stipendiary Magistrate
   85.     Appeals
           Part XII Fidelity fund
           Division 1 Educational schemes and grants to industry bodies
   92.     Application of money for educational schemes
   93.     Grants to industry bodies
           Division 2 Agents Licensing Fidelity Guarantee Fund of the Northern Territory
   94.     Establishment of Fund
   95.     Members of Fund
   95A.    Meetings of Fund
   95B.    Moneys of fund
           Division 3 Claims against Fund
   96.     Persons who may apply
   97.     Registrar may invite claims
   98.     Time for making applications
   99.     Manner of applications
   100.    Registrar to consider applications
   101.    Review of Registrar's determinations
   102.    Payment of compensation
   103.    Subrogation
   104.    Agents may claim in certain circumstances
   105.    Interim payments
           Division 4 Contributions and levies to Fund
   106.    Annual contributions
   107.    Contributions not payable in certain circumstances
   108.    Levies
           Part XIIA Indemnity insurance
   108A.   Definitions
   108B.   Licensed agents required to hold approved indemnity insurance
   108C.   Board may approve indemnity insurance policy
   108D.   Organisation representing agents may arrange for insurance
   108E.   Part does not affect claims against Fund
           Part XIIB Conflicts of interest
   108F.   Definitions
   108G.   Restriction on agent etc. purchasing or selling property in which the agent is interested
   108H.   Sale etc. by agent with interest in sale
           Part XIII Miscellaneous
   109.    Registers
   110.    Licensed agents to maintain registered office in Australia etc.
   110A.   Business managers
   111.    Registrar may approve operation of registered office without licensed branch manager
   112.    Agent not to share commission
   113.    Improper use of licence
   114.    Improper use of title of agent
   115.    False or misleading advertisements
   116.    Obstruction of Registrar, inspector, &c.
   117.    Production of licence
   118.    Withholding of deposit
   119.    Requirements of advertisements
   120.    Display of notices
   121.    No recovery of commission unless licensed
   121A.   Contracts for sale of land to be in approved form
   122.    Service of documents
   123.    Evidence of licensing or registration
   124.    Requirement by Registrar or inspector
   125.    Cancelled registration and revoked licences
   125A.   Offences punishable summarily
   125AA.  Infringement notices
   125B.   Regulatory offences
   126.    Offences committed by employees, partners, or directors
   127.    Regulations
           Part XIV Transitional
           Schedule Functions of conveyancing agent
           ENDNOTES