ESTATE AGENTS ACT 1980 - SECT 22 Automatic cancellation of licence on bankruptcy etc.

ESTATE AGENTS ACT 1980 - SECT 22

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

        (a)     becomes an insolvent under administration; or

S. 22(1)(b) amended by No. 101/1998 s. 37(2).

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

S. 22(1)(c) amended by No. 13/2019 s. 221(Sch. 1 item 14.2).

        (c)     becomes a represented person within the meaning of the Guardianship and Administration Act 2019 .

    (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

S. 22(2)(b) amended by No. 17/2004 s. 7(2).

        (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).

S. 22(2A) inserted by No. 41/2003 s. 25(1).

    (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

S. 22(2A)(c) amended by No. 17/2004 s. 7(2).

        (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.

S. 22(2B) inserted by No. 41/2003 s. 25(1).

    (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).

S. 22(3) amended by No. 101/1998 s. 37(3).

    (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.

S. 22(4) inserted by No. 41/2003 s. 25(2).

    (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.

S. 22A inserted by No. 41/2003 s. 26.