LAND AGENTS ACT 1994 - SECT 50

LAND AGENTS ACT 1994 - SECT 50

50—Agreement with professional organisation

        (1)         The Commissioner may, with the approval of the Minister, make an agreement with an organisation representing the interests of agents, sales representatives or property managers under which the organisation undertakes a specified role in the administration or enforcement of this Act.

        (2)         The agreement—

            (a)         must be in writing and executed by the Commissioner and the organisation; and

            (b)         may contain delegations by the Commissioner of functions or powers under this Act or the Fair Trading Act 1987 ; and

            (c)         must set out any conditions governing the performance or exercise of functions or powers conferred on the organisation; and

            (d)         must make provision for the variation and termination of the agreement by the Commissioner with the approval of the Minister or the organisation.

        (3)         The Commissioner may not delegate any of the following for the purposes of the agreement:

            (a)         functions or powers under Part 2;

            (b)         the approval of classes of accounts at ADIs under Division 2 of Part 3;

            (c)         the appointment, reappointment or termination of appointment of a person to administer an agent's trust account or of a temporary manager under Division 2 of Part 3;

            (d)         functions or powers under Division 3 of Part 3;

            (e)         power to request the Commissioner of Police to investigate and report on matters under Part 5;

            (f)         power to commence a prosecution for an offence against this Act;

            (g)         functions or powers under Schedule 2A.

        (4)         A delegation by the Commissioner for the purposes of the agreement—

            (a)         has effect subject to the conditions specified in the agreement; and

            (b)         may be varied or revoked by the Commissioner in accordance with the terms of the agreement; and

            (c)         does not prevent the Commissioner from acting in any matter.

        (5)         The Minister must, within six sitting days after the making of the agreement, cause a copy of the agreement to be laid before both Houses of Parliament.