LAND AGENTS ACT 1994 - SECT 65
LAND AGENTS ACT 1994 - SECT 65
(1) The Governor may
make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Without limiting
the generality of subsection (1), the regulations may—
(a)
require registered persons to comply with a code of conduct;
(b) fix
various maximum rates of commission and other charges that may be charged or
made by agents for specified services;
(c)
regulate charges, payments and reimbursements made by or to an agent in
connection with specified services;
(d) fix
fees to be paid in respect of any matter under this Act and regulate the
recovery, refund, waiver or reduction of such fees;
(e)
exempt (conditionally or unconditionally) classes of persons or activities
from the application of this Act or specified provisions of this Act;
(f)
impose a penalty (not exceeding $2 500) for contravention of, or
non-compliance with, a regulation;
(g) fix
expiation fees, not exceeding $210, for alleged offences against the
regulations.
(3) Regulations under
this Act—
(a) may
be of general application or limited application;
(b) may
make different provision according to the matters or circumstances to which
they are expressed to apply;
(c) may
provide that a matter or thing in respect of which regulations may be made is
to be determined according to the discretion of the Commissioner or the
Minister.
(4) The regulations
may operate by reference to a specified code as in force at a specified time
or as in force from time to time.
(5) If a code is
referred to in the regulations—
(a) a
copy of the code must be kept available for inspection by members of the
public, without charge and during normal office hours, at an office determined
by the Minister; and
(b)
evidence of the contents of the code may be given in any legal proceedings by
production of a document apparently certified by the Minister to be a true
copy of the code.
(6) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of the Land Agents (Registration of Property
Managers and Other Matters) Amendment Act 2017 .
(7) A provision of a
regulation made under subsection (6) may, if the regulation so provides,
take effect from the commencement of this subsection or from a later day.
(8) To the extent to
which a provision takes effect under subsection (7) from a day earlier
than the day of the regulation's publication in the Gazette, the provision
does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.