LAND AGENTS ACT 1994
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 3 Interpretation
- 4 Meaning of agent
- 5 Commissioner to be responsible for administration of Act
PART 2--Registration and management of agent's business
- 6 Agents to be registered
- 6A Sales representatives to be registered
- 6AB Property managers to be registered
- 6B Auctioneers to be registered
- 7 Application for registration
- 8 Entitlement to be registered as agent
- 8A Entitlement to be registered as sales representative
- 8B Entitlement to be registered as sales representative subject to conditions relating to training and supervision
- 8BA Entitlement to be registered as property manager
- 8BB Entitlement to be registered as property manager subject to conditions relating to training and supervision
- 8C Entitlement to be registered as auctioneer
- 8D Reviews
- 8E Power of Commissioner to require photograph and information
- 9 Duration of registration and annual fee and return
- 10 Incorporated agent's business to be properly managed and supervised
- 11 Each of agent's places of business to be properly managed and supervised
- 11A Regulations relating to proper management and supervision
- 11B Registration card to be carried or displayed
PART 2AA--Suspension or variation of registration in urgent circumstances
- 11BA Commissioner may suspend or impose conditions on registration in urgent circumstances
PART 2A--Cancellation, suspension or variation of registration
- 11C Commissioner may cancel, suspend or impose conditions on registration
PART 3--Trust accounts and indemnity fund
Division 1--Preliminary
- 12 Interpretation of
PART 3
Division 2--Trust accounts
- 13 Receiving and dealing with trust money
- 14 Withdrawal of money from trust account
- 15 Payment of interest on trust accounts to Commissioner
- 16 Appointment of administrator of trust account
- 17 Appointment of temporary manager
- 18 Powers of administrator or temporary manager
- 19 Term of appointment of administrator or temporary manager
- 20 Review of appointment of administrator or temporary manager
- 21 Keeping of records
- 22 Audit of trust accounts
- 23 Appointment of examiner
- 24 Obtaining information for purposes of audit or examination
- 25 ADIs etc to report deficiencies in trust accounts
- 26 Confidentiality
- 27 ADIs etc not affected by notice of trust
- 28 Failing to comply with requirement of administrators etc
Division 3--Indemnity fund
- 29 Indemnity fund
- 29A Division of indemnity fund into two parts
- 30 Claims on indemnity fund
- 31 Limitation of claims
- 32 Establishment and determination of claims
- 33 Claims by agents
- 34 Personal representative may make claim
- 35 Review of Commissioner's determination
- 36 Determination, evidence and burden of proof
- 37 Claimant's entitlement to compensation and interest
- 38 Rights of Commissioner
- 39 Insurance in respect of claims against indemnity fund
- 40 Insufficiency of indemnity fund
- 41 Accounts and audit
PART 4--Discipline
- 42 Interpretation of Part 4
- 43 Cause for disciplinary action against agents, sales representatives or property managers
- 44 Complaints
- 45 Hearing by Tribunal
- 46 Participation of assessors in disciplinary proceedings
- 47 Disciplinary action
- 48 Contravention of orders
PART 5--Miscellaneous
- 48A Advertisements to include registration number of agent
- 49 Delegations
- 50 Agreement with professional organisation
- 51 Exemptions
- 52 Register
- 53 Commissioner and proceedings before Tribunal
- 54 False or misleading information
- 55 Statutory declaration
- 56 Investigations
- 57 General defence
- 58 Liability for act or default of officer, employee or agent
- 60 Continuing offence
- 61 Prosecutions
- 62 Evidence
- 63 Service of documents
- 64 Annual report
- 65 Regulations
