LAND AGENTS ACT 1994 - SECT 3
LAND AGENTS ACT 1994 - SECT 3
In this Act, unless the contrary intention appears—
"agent"—see section 4;
"authorised officer" means an authorised officer under the
Fair Trading Act 1987 ;
"business" includes a share of, or interest in, a business or the goodwill of
a business, but does not include a share in the capital of a corporation;
"Commissioner" means the Commissioner for Consumer Affairs;
"dealing with land" includes granting or taking a lease or tenancy agreement
over land;
"director" of a body corporate includes—
(a) a
person occupying or acting in the position of director or member of the
governing body of the body corporate, by whatever name called and whether or
not validly appointed to occupy or duly authorised to act in the position; and
(b) any
person in accordance with whose directions or instructions the directors or
members of the governing body of the body corporate are accustomed to act;
"indemnity fund" means the fund maintained under Part 3;
"land" includes—
(a) an
interest in land; and
(b) an
exclusive right (whether deriving from the ownership of a share or interest in
a body corporate or partnership or arising in some other way) to the separate
occupation of land or a building or part of a building;
"legal practitioner" has the same meaning as in the Legal Practitioners
Act 1981 ;
"money" includes an instrument for the payment of money that may be negotiated
by an ADI;
"mortgage" means a legal or equitable mortgage over land;
"mortgage financing" means negotiating or arranging loans secured by mortgage
including receiving or dealing with payments under such transactions;
"property manager" means a person who, for or on behalf of an agent—
(a)
grants leases, tenancy agreements or licence agreements in relation to land
(whether or not that land is to be used for residential purposes or for the
purposes of a business); or
(b)
induces or attempts to induce, or makes representations or negotiates with a
view to inducing, a person to enter into such leases or agreements; or
(c)
ensures compliance with the terms and conditions of such leases or agreements;
or
(d)
performs a function of a kind prescribed by regulation for the purposes of
this paragraph,
whether or not the agent is the owner of the land, but does not include a
person who performs a function of a kind excluded by regulation from the ambit
of this definition;
"registered agent" includes a person registered as an agent and additionally
registered as an auctioneer;
"registered property manager" includes—
(a) a
person registered as a property manager; or
(b) a
person registered as a sales representative and additionally registered as a
property manager;
"registered sales representative" includes a person registered as a sales
representative and additionally registered as an auctioneer;
"sales representative" means a person who, for or on behalf of an agent—
(a)
acquires or disposes of land or a business (including by conducting an
auction); or
(b)
induces or attempts to induce, or makes representations or negotiates with a
view to inducing, a person—
(i)
to acquire or dispose of land or a business; or
(ii)
to make an offer to acquire or dispose of land or a
business; or
(iii)
to accept an offer to acquire or dispose of land or a
business; or
(iv)
to enter into a contract for the acquisition or disposal
of land or a business; or
(c)
performs a function of a kind prescribed by regulation for the purposes of
this paragraph, whether or not the agent is the owner of the land or business,
but does not include a person who performs a function of a kind excluded by
regulation from the ambit of this definition;
"sell" includes auction and exchange, and
"purchase" has a corresponding meaning;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 .