Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 21

Grant and effect of licence

21. Grant and effect of licence



(1) The Authority must consider every application for an estate agent's
licence.





(2) In considering an application for a licence, the Authority may-

   (a)  conduct any inquiries it thinks fit;

   (b)  require an applicant to provide any further information that the
        Authority thinks fit in the manner required by the Authority;

   (c)  seek and use advice and information on the application from any other
        person or body or source it thinks fit.

(3) The Authority may engage or appoint any person to assist it in considering
an application.





(3A) The Authority may refuse to grant a licence to a person if the person
does not provide the further information required within a reasonable time of
the requirement being made.

(3B) The Authority is not required to conduct a hearing to determine whether
to grant a licence or refuse to issue a licence.

(4) Where the Authority-

   (a)  is satisfied that the applicant is eligible to be the holder of a
        licence;

   (b)  if the applicant is an individual, is satisfied that he or she is of
        good character and has received no information that he or she is not a
        fit and proper person to hold a licence;



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the Authority shall grant the applicant a licence (subject to section
36(2)(a)).

(4A) A licence granted under subsection (4) shall be subject to such
conditions and limitations as the Authority sees fit to impose.





(4B) If the Authority is not satisfied of any thing referred to in subsection
(4) in relation to an applicant, it must refuse to issue a licence to the
applicant and must give the applicant written notice of the refusal within 14
days of the refusal.



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(5) A licence-

   (a)  must be in a form determined by the Authority; and

   (b)  must be issued and signed by the Registrar; and

   (c)  must be endorsed with any conditions and limitations imposed by the
        Authority under subsection (4A).

(5A) A decision of the Authority to grant a licence lapses unless the
applicant for the licence pays the prescribed licence fee to the Authority
within 28 days of receiving written notice from the Authority that it has
granted the licence.

(6) The Authority may postpone its consideration of an application for a
licence until such time as it considers appropriate.

(7) Subject to this Act, a licence authorises the estate agent to whom it has
been granted to be and to act as an estate agent in all parts of Victoria
until the licence is surrendered, suspended or cancelled.



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(10) Subject to subsection (11), the holder of an estate agent's licence may
at any time surrender the licence by notice in writing addressed to the
Authority accompanied by the licence, and the surrender shall be effective as
on the date of the receipt of the notice by the Authority.

(11) If an application has been made to the Tribunal to conduct an inquiry
under section 25 in relation to an estate agent, the estate agent may not,
without leave of the Tribunal, surrender the licence unless the Tribunal has
determined to take action under section 28A or has determined not to take any
such action.