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PROPERTY AGENTS AND LAND TRANSACTIONS AMENDMENT BILL 73 OF 2008

                                      TASMANIA

                                       __________


               PROPERTY AGENTS AND LAND TRANSACTIONS
                        AMENDMENT BILL 2008
                                       __________

                                      CONTENTS
          1.       Short title
          2.       Commencement
          3.       Principal Act
          4.       Section 3 amended (Interpretation)
          5.       Section 212 amended (Regulations)




[Bill 73]-VIII
 
 
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            PROPERTY AGENTS AND LAND TRANSACTIONS
                     AMENDMENT BILL 2008
               (Brought in by the Minister for Corrections and Consumer
                 Protection, the Honourable David Edward Llewellyn)

                                    A BILL FOR
            An Act to amend the Property Agents and Land
            Transactions Act 2005


            Be it enacted by His Excellency the Governor of Tasmania, by
            and with the advice and consent of the Legislative Council and
            House of Assembly, in Parliament assembled, as follows:



                1. Short title
                          This Act may be cited as the Property Agents
                          and Land Transactions Amendment Act 2008.


                2. Commencement
                          This Act commences on the day on which this
                          Act receives the Royal Assent.


                3. Principal Act
                          In this Act, the Property Agents and Land
                          Transactions Act 2005* is referred to as the
                          Principal Act.


       *No. 75 of 2005

[Bill 73]                                                                    3
 
 
       Property Agents and Land Transactions Amendment Act 2008
                              Act No. of
s. 4


         4. Section 3 amended (Interpretation)
                   Section 3(1) of the Principal Act is amended by
                   inserting after the definition of "scheme of
                   arrangement" the following definition:

                     "statutory authority" means a body or
                          authority, whether incorporated or not,
                          that is established or constituted under a
                          written law or under the royal
                          prerogative, being a body or authority
                          which, or of which the governing
                          authority, wholly or partly comprises a
                          person or persons appointed by the
                          Governor, a Minister or another statutory
                          authority, but does not include an
                          Agency within the meaning of the State
                          Service Act 2000;


         5. Section 212 amended (Regulations)
                   Section 212 of the Principal Act is amended as
                   follows:

                     (a)   by omitting paragraph (b) from
                           subsection (2) and substituting the
                           following paragraphs:

                            (b)   exempt a person or class of
                                  persons from the application of
                                  this Act or a provision of this Act,
                                  either       conditionally       or
                                  unconditionally; and



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Property Agents and Land Transactions Amendment Act 2008
                       Act No. of
                                                                   s. 5


                      (c)   exempt specified residential
                            property or residential property of
                            a prescribed class or description
                            from the application of Division 3
                            of Part 10, either conditionally or
                            unconditionally.
              (b)   by omitting from subsection (3)(b)
                    "specified." and substituting "specified;
                    and";

              (c)   by inserting the following paragraph after
                    paragraph (b) in subsection (3):
                      (c)   so as to apply differently
                            according to such factors as are
                            specified in the regulations.

              (d)   by inserting the following subsection
                    after subsection (5):

                      (6)   In this section ­
                              "person" includes ­

                                      (a)   an Agency within
                                            the meaning of the
                                            State Service Act
                                            2000; and

                                      (b)   a          statutory
                                            authority; and

                                      (c)   any other body of
                                            persons, whether
                                            incorporated   or
                                            not and whether

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       Property Agents and Land Transactions Amendment Act 2008
                              Act No. of
s. 5


                                                     an emanation of
                                                     the Crown or
                                                     otherwise.




6                     Government Printer, Tasmania

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