LAND AGENTS ACT 1994 - SECT 47
LAND AGENTS ACT 1994 - SECT 47
(1) Subject to
subsection (1a), on the hearing of a complaint, the Tribunal may, if it
is satisfied on the balance of probabilities that there is proper cause for
taking disciplinary action against the person to whom the complaint relates,
by an order or orders do one or more of the following:
(a)
reprimand the person;
(b)
impose a fine not exceeding $20 000 on the person;
(c)
either—
(ai)
impose conditions or further conditions on any registration of the person; or
(i)
suspend any registration of the person for a specified
period or until the fulfilment of stipulated conditions or until further
order; or
(ii)
cancel any registration of the person;
(d) in
the case of a person whose registration is suspended—impose conditions
as to the conduct of the person or the person's business as an agent after the
end of the period of suspension;
(e)
disqualify the person from being registered under this Act;
(f)
prohibit the person from being employed or otherwise engaged in the business
of an agent;
(g)
prohibit the person from being a director of a body corporate that is an
agent.
(1a) If the person to
whom the complaint relates has been found guilty of a prescribed offence and
the circumstances of the offence form, in whole or in part, the subject matter
of the complaint, the Tribunal must, by order, cancel any registration of the
person and disqualify the person from being so registered unless the Tribunal
is satisfied on the balance of probabilities, by evidence given by the person
on oath, that the offence was trifling or committed in exceptional
circumstances.
(1b) Nothing in
subsection (1a) prevents the Tribunal from exercising such other powers
under this section as the Tribunal considers appropriate in the circumstances.
(2) The Tribunal
may—
(a)
stipulate that a disqualification or prohibition is to apply—
(i)
permanently; or
(ii)
for a specified period; or
(iii)
until the fulfilment of stipulated conditions; or
(iv)
until further order;
(b)
stipulate that an order relating to a person is to have effect at a specified
future time and impose conditions as to the conduct of the person or the
person's business until that time.
(3) A fine imposed
under subsection (1) is payable to the Commissioner for the credit of the
indemnity fund.
(4) If—
(a) a
person has been found guilty of an offence; and
(b) the
circumstances of the offence form, in whole or in part, the subject matter of
the complaint,
the person is not liable to a fine under this section in respect of conduct
giving rise to the offence.
(5) In this
section—
"prescribed offence" means—
(a) an
offence against section 13(3); or
(b) an
offence against section 24A(2), section 24G(1), (2) or (3) or
section 36 of the Land and Business (Sale and Conveyancing)
Act 1994 .