AGENTS LICENSING ACT 1979
AGENTS LICENSING ACT 1979
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. Chairperson
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
Division 2--Qualifications for licence as agent
20. Meaning of fit and proper person
22. Eligibility for licence
22A. Board may approve course, qualifications or experience
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
31AA. Notification of change of circumstance
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 take oath 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--REVIEW OF DECISIONS
85. Review by NTCAT
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
95AA. Alternate members
95A. Meetings of Fund
95AB. Conflict of interest of member
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
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
108J. Person to repay agent if person avoids agreement
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
111A. Licence not transferable
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
123. Evidence of licensing or registration
124. Requirement by Registrar or inspector
125. Cancelled registration and revoked licences
125AA. Infringement notices
125B. Regulatory offences
126. Offences committed by employees, partners, or directors
126A. Approved forms
127. Regulations
PART XIV--TRANSITIONAL MATTER FOR STATUTE LAW REVISION AND REPEALS ACT 2019
128. Rules of conduct
PART XV--TRANSITIONAL MATTERS FOR STATUTE LAW AMENDMENT (TERRITORY ECONOMIC RECONSTRUCTION) ACT 2022
129. Definitions
130. Course of competency-based training
131. Educational qualifications
PART XVI--TRANSITIONAL MATTERS FOR STATUTE LAW AMENDMENT (NTCAT CONFERRAL OF JURISDICTION) ACT 2023
132. Definitions
133. NTCAT review limited to decisions made after commencement
134. Appeals not commenced before commencement
135. Appeals not determined before commencement
136. Applications not made before commencement
137. Applications not determined before commencement
SCHEDULE 1
SCHEDULE 2
ENDNOTES
