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ESTATE AGENTS ACT 1980

Table of Provisions

  • 1 Short title and commencement  

PART I--INTRODUCTION

  • 4 Definitions  
  • 5 Act not to apply to Government Departments etc.  

PART IIA--THE ESTATE AGENTS COUNCIL

PART IIB--ADMINISTRATION

PART III--LICENCES

  • 12 Estate agents to be licensed  
  • 13 Agents' representatives  
  • 13A Estate agents to be responsible for the acts of their representatives  
  • 13B Auctioneers of real estate  
  • 14 Eligibility to obtain licence  
  • 15 Licensing of corporations  
  • 16 Eligibility for employment as an agent's representative  
  • 16B Offence to aid unqualified person to be an agent's representative  
  • 16C Transitional provision concerning former sub‑agents  
  • 17 Application for estate agent's licence  
  • 19 Certain documents to be lodged by particular corporations  
  • 19A Consent to disclosure of information  
  • 20 Application to be referred to Director and Chief Commissioner  
  • 20A Provision of information for the purposes of this Act  
  • 21 Grant and effect of licence  
  • 21A Conditions of licence  
  • 21B Endorsement of licence  
  • 22 Automatic cancellation of licence on bankruptcy etc.  
  • 22A Delay of effect of certain convictions  
  • 23 Annual licence fee and statement  
  • 24 Extension of time  
  • 24A Failure to comply with section 23  
  • 24B If details given in application or annual statement change  
  • 24C No application for 2 years after refusal  
  • 24D Lost licence  
  • 25 Inquiries into estate agents  
  • 28 Inquiries into agents' representatives  
  • 28A Determination of Tribunal on inquiry  
  • 29 Cancellation of licences in other cases  
  • 29A Suspended and cancelled licences must be returned  
  • 29B Duties of agents and officers in effective control  
  • 29C Offence to procure contravention of section 29B  
  • 30 Management of estate agency office  
  • 30A Absence of estate agent or branch manager  
  • 31 Effect of disqualification  
  • 31A Person involved in Fund claim may regain licence etc. in exceptional circumstances  
  • 31B Bankrupt person may be allowed limited right to hold licence etc.  
  • 31C Person with criminal record may be allowed limited right to hold licence etc.  
  • 31CA Corporation may be allowed to hold licence despite disqualifying factors  
  • 31D Authority may impose conditions  
  • 31E Disability etc. of licensed estate agent  
  • 32 Application for review  
  • 33 The Register  
  • 35 Registered address  

PART IV--AGENTS AND AGENTS' REPRESENTATIVES

PART V--BUILDERS AND SUBDIVIDERS OF LAND

  • 57 Representation etc. by builders and subdividers of land  

PART VI--ACCOUNTS, AUDIT AND MONITORING OF ESTATE AGENCY BUSINESS

Division 1--Accounts and audit

  • 58 Definitions  
  • 58A Agents licensed interstate  
  • 59 Trust money  
  • 59A Unidentified trust money  
  • 60 Secretary's power to enter into arrangements with financial institutions  
  • 62 Liability of principal for certain acts etc. of agents' representatives  
  • 63 Duty to keep accounts of trust money received etc.  
  • 63A Director's supervisory role in audits  
  • 64 Annual audit of trust accounts  
  • 64A Audit ordered by Director  
  • 64B Audit where estate agent's business ceased during financial year  
  • 65 Variation of date of audit  
  • 66 Qualified auditors  
  • 67 Non-disclosure by auditors  
  • 68 Right of persons beneficially interested to obtain information  
  • 69 Agents having no accounts to audit  

Division 2--Monitoring of estate agency business

  • 70 Definitions  
  • 70A Production of identity card  
  • 70B Accounts and other documents available for inspection and audit  
  • 70C Estate agent to produce documents and answer questions  
  • 70D Third parties to produce documents and answer questions relating to estate agent's business  
  • 70E Ministers, police and public authorities to produce information to inspectors  
  • 70F Certain other specified persons or bodies to produce information  
  • 70G Powers on production of documents  
  • 70H Order requiring supply of information and answers to questions  
  • 70I Entry or search with consent  
  • 70J Entry without consent or warrant  
  • 70K Search warrants  
  • 70L Announcement before entry  
  • 70M Details of warrant to be given to occupier  
  • 70N Seizure of things not mentioned in the warrant  
  • 70O Embargo notice  
  • 70P Copies of seized documents  
  • 70Q Retention and return of seized documents or things  
  • 70R Magistrates' Court may extend 3 month period  
  • 70S Requirement to assist inspector during entry  
  • 70T Refusal or failure to comply with requirement  
  • 70U Protection against self-incrimination  
  • 70V Offence to give false or misleading information  
  • 70W Application of provisions relating to inspections  
  • 70WA Powers of court if requirement to produce information not complied with  
  • 70X Service of documents  
  • 70Y Confidentiality  

PART VII--VICTORIAN PROPERTY FUND

  • 71 Definitions  
  • 72 Victorian Property Fund  
  • 73 Moneys constituting Fund  
  • 75 Payments out of Fund  
  • 76 Application of excess money in Fund  
  • 79 Application of Fund  
  • 80 Right to claim in respect of pecuniary loss  
  • 81 Claims against the Fund  
  • 83 Power of Secretary to require production of securities  
  • 84 Subrogation of Secretary to rights etc. of claimant upon payment from Fund  
  • 86 Provision where Fund insufficient to meet payment out of it  
  • 87 Secretary may enter into contract of insurance or indemnity for purposes of Act  
  • 88 Application of insurance moneys  
  • 89 Freezing of trust accounts of defaulting agents  
  • 90 Deficiency in trust account  
  • 91 Wrongful conversion and false accounts  

PART VIII--MISCELLANEOUS

  • 92 Certificate as evidence  
  • 92A Registrar may waive fees  
  • 92B Verification of details supplied to the Authority  
  • 92C Complaints concerning estate agents etc. are privileged  
  • 93 Furnishing incorrect particulars  
  • 93A Application of Australian Consumer Law and Fair Trading Act 2012  
  • 94 Offences  
  • 94A Profit to be forfeited in case of unlicensed trading etc.  
  • 95 Prosecutions  
  • 95A Power to serve a notice  
  • 95B Form of notice  
  • 95E Further proceedings concerning infringement notices  
  • 96 Applications and notices in the case of corporation  
  • 97 Saving of contracts and civil liability  
  • 97A Protection for things done under this Act  
  • 98 Retention of documents  
  • 98A Offence to destroy documents required by the Act  
  • 99 Regulations  

PART IX--TRANSITIONAL AND SAVINGS

Division 1--Consumer Affairs Legislation Amendment Act 2010

Division 2--Police and Justice Legislation Amendment (Miscellaneous) Act 2016

Division 3--Justice Legislation Miscellaneous Amendment Act 2018

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