Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 16

Eligibility for employment as an agent's representative

16. Eligibility for employment as an agent's representative



(1) A person is eligible to be employed as an agent's representative if
she or he-

   (a)  is at least 18 years of age; and

   (b)  has passed any prescribed courses of instruction or examination; and

   (c)  has not, 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; and

   (d)  is not an insolvent under administration; and

   (da) is not a represented person within the meaning of the
        Guardianship and Administration Act 1986; and

   (e)  is not presently subject to a declaration under section 28A(1)(f) that
        she or he is ineligible to act as an agent's representative; and

   (f)  has not, in relation to anything she or he has done or not done, had a
        claim allowed against the Fund under Part VII or any corresponding
        fund established under any corresponding previous enactment; and

   (g)  is not the subject of an order by any regulatory body in or outside
        Victoria disqualifying him or her from acting as an agent's
        representative (or an equivalent occupation under the jurisdiction of
        the regulatory body).

(1A) Despite subsection (1), a person remains eligible to be employed as an
agent's representative for 30 days after the person-

   (a)  has, in relation to anything he or she has done or not done, a claim
        allowed against the Fund under Part VII or any corresponding fund
        established under any corresponding previous enactment; or

   (b)  becomes an insolvent under administration; or

   (c)  is convicted of, or has found proven against him or her, any offence
        involving fraud, dishonesty, drug trafficking or violence which is
        punishable by imprisonment for 3 months or more.

Note Section 22A provides that if an agent's representative is convicted of,
or has found proven against him or her, an offence described in subsection
(1)(c), the conviction or finding doesn't take effect (and thus the 30 day
period doesn't begin) until all avenues of appeal in relation to the
conviction or finding have been exhausted.

(1B) A person who applies within the 30 day period referred to in subsection
(1A) for permission under section 31A, 31B or 31C to be employed as an agent's
representative remains eligible to be employed as an agent's representative
until the application is withdrawn or is refused by the Authority.

(2) A person must not act as an agent's representative unless she or he is
eligible to be employed as an agent's representative.

Penalty: 500 penalty units.

(3) A person must not intentionally misrepresent to any other person that
she or he is eligible to be employed as an agent's representative.

Penalty: 500 penalty units.

(4) An estate agent must not appoint a person to act as an agent's
representative unless the agent, or, in the case of a corporation, the officer
in effective control of the estate agency business of the corporation-

   (a)  has been given-

   (i)  a copy of a certificate from the Chief Commissioner of Police that
        indicates that the person is not ineligible to be an agent's
        representative under subsection (1)(c) and that-

                (A)  is not more than 6 months old; or

                (B)  is more than 6 months old, but that is accompanied by a
                     statutory declaration of the person stating that
                     he or she has not been found guilty of any disqualifying
                     offence; or

   (ii) a copy of a notice given before 1 July 1998 by the former Estate
        Agents Licensing Authority that indicates that the person is not
        ineligible to be an agent's representative under subsection (1)(c) and
        that is accompanied by a statutory declaration of the person stating
        that he or she has not been found guilty of any disqualifying offence;
        and Note The Estate Agents Licensing Authority was abolished by virtue
        of section 68 of the Tribunals and Licensing Authorities
        (Miscellaneous Amendments) Act 1998 which came into operation on 1
        July 1998.



   (b)  has taken any other reasonable steps that are necessary to ensure that
        the person is eligible to be employed as an agent's representative.

Penalty: 500 penalty units.

(5) An estate agent must not employ a person to act as an agent's
representative at any time during which the person's name is on the record of
ineligible persons in the register.

Penalty: 500 penalty units.

(6) At the request of the Authority, the Chief Commissioner of Police may give
the Authority a report concerning the criminal record of an agent's
representative or of a person who has applied for a job as an agent's
representative.

(7) An estate agent must keep any document obtained under subsection (4) in
relation to an agent's representative for at least 2 years after the agent's
representative ceases to be employed by the agent in that capacity.

Penalty: 25 penalty units.

(8) A person is ineligible to be an agent's representative if the person-

   (a)  gave the estate agent a copy of a certificate or notice under
        subsection (4)(a)(i)(B) or (4)(a)(ii) before being appointed; and

   (b)  fails to provide the agent, within 6 weeks of starting employment,
        with a certificate from the Chief Commissioner of Police that is not
        more than 6 weeks old and that indicates that the person is not
        ineligible to be an agent's representative under subsection (1)(c).



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