Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 14

Eligibility to obtain licence

14. Eligibility to obtain licence



(1) A person (other than a corporation) shall not be eligible to be granted an
estate agent's licence unless he is not less than eighteen years of age and-

   (a)  he has-

   (i)  passed any courses of instruction or examinations prescribed by the
        regulations; and



* * * * *



   (iii) during the 3 years immediately before applying for the licence been
        engaged in-

                (A)  full-time employment as an agent's representative for not
                     less than one year or for periods amounting in the
                     aggregate to one year; or

                (B)  part-time employment as an agent's representative for not
                     less than the equivalent of one year of full-time
                     employment or for periods amounting in the aggregate to
                     the equivalent of one year of full-time employment; or

   (b)  he has within the period of five years immediately preceding his
        application held an estate agent's licence; or

   (c)  she or he has met any other requirements establishing competency set
        out in the regulations.





(2) Where an agent's representative has been employed pursuant to this Act by
an estate agent being a declared corporation or a stock and station agent, and
the Authority determines that the estate agency work performed by the agent's
representative in the course of that employment was substantial, the agent's
representative shall be deemed for the purposes of subsection (1) to have been
in employment as an agent's representative with that agent during the entire
period of that employment.

(3) Despite subsection (1), a person is eligible to be granted an estate
agent's licence if he or she satisfies the Authority that he or she-

   (a)  has been licensed or otherwise authorised under the laws of another
        place or country to carry on a business in that place or country for
        which an estate agent's licence would be required in Victoria; and

   (b)  has an adequate knowledge of Victorian estate agency law, practice and
        procedure, including accounting.

(4) A person shall not be treated as having an adequate knowledge of Victorian
estate agency law, practice and procedure, including accounting by reason only
of the fact that, with the approval of the Authority pursuant to section
30(4), he has managed a branch office.



(5) A person-





   (a)  who is for the time being disqualified under this Act or any
        corresponding previous enactment from holding an estate agent's
        licence; or

   (b)  who is a director or officer of a corporation which is for the time
        being disqualified under this Act or any corresponding enactment from
        holding an estate agent's licence or who was a director or officer of
        that corporation at the date the corporation was so disqualified; or

   (c)  in relation to whom any claim has been allowed against the Fund under
        Part VII or against a corresponding fund established under any
        corresponding previous enactment; or





   (d)  who is an insolvent under administration or an externally-administered
        body corporate; or





   (da) who is a represented person within the meaning of the
        Guardianship and Administration Act 1986; or

   (e)  who has, within the last 10 years in Australia or elsewhere, been
        convicted or had found proven against him or her any offence involving
        fraud, dishonesty, drug trafficking or violence which was punishable
        by imprisonment for 3 months or more; or

   (f)  who is the subject of an order by any regulatory body in or outside
        Victoria disqualifying him or her from acting as an estate agent or
        agent's representative (or an equivalent occupation under the
        jurisdiction of the regulatory body)-

shall not be eligible to be granted an estate agent's licence.