• Specific Year
    Any

LAND AGENTS ACT 1994 - SECT 65

LAND AGENTS ACT 1994 - SECT 65

65—Regulations

        (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.