Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 22

Automatic cancellation of licence on bankruptcy etc.

22. Automatic cancellation of licence on bankruptcy etc.



(1) A person's licence as an estate agent is automatically cancelled if the
person-

   (a)  becomes an insolvent under administration; or

   (b)  becomes an externally-administered body corporate; or



   (c)  becomes a represented person within the meaning of the Guardianship
        and Administration Board Act 1986.

(2) A person's licence as an estate agent is automatically cancelled 30 days
after the person-

   (a)  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; or

   (b)  has, in relation to anything she or he 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

   (c)  is made 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).

(2A) A corporation's licence as an estate agent is automatically cancelled 30
days after-

   (a)  the licence of a director who holds an estate agent's licence is
        cancelled under subsection (1) or (2); or

   (b)  the corporation is notified in writing by the Authority that a
        director of the corporation who is not a licensed estate agent would,
        if the director were to apply for a licence, be ineligible, under
        section 14(5), to be granted an estate agent's licence; or

   (c)  the corporation has a claim allowed against the Fund under Part VII;
        or



   (d)  the corporation is convicted of, or has found proven against it, an
        offence involving fraud, dishonesty, drug trafficking or violence
        that, if it was a natural person, would be punishable by imprisonment
        for 3 months or more.

(2B) Subsections (2A)(a) and (2A)(b) do not apply if the director ceases to be
a director of the corporation within the 30 day period referred to in
subsection (2A).

(3) If a person whose licence would otherwise be cancelled by subsection (2)
applies for permission under section 31A or 31C within the 30 day period
referred to in that subsection, the person's licence is only automatically
cancelled if the application is withdrawn or is refused by the Authority.

(4) If a corporation whose licence would otherwise be cancelled by subsection
(2A) is eligible to apply for, and applies for, permission under section 31CA
within the 30 day period referred to in that subsection, the corporation's
licence is only automatically cancelled if the application is withdrawn or is
refused by the Authority.