Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 28A

Determination of Tribunal on inquiry

28A. Determination of Tribunal on inquiry



(1) After conducting an inquiry in respect of a person under section 25 or 28,
the Tribunal, if it considers it appropriate, may, by order, do any one or
more of the following-

   (a)  reprimand the person;

   (b)  require the person to comply within, or for, a specified time with a
        requirement specified by the Tribunal;

   (c)  cancel any licence held by the person and disqualify the person either
        permanently or for a specified period from holding a licence;

   (d)  suspend any licence held by the person for a specified period not
        exceeding one year;

   (e)  impose any condition or limitation on any licence held by the person;

   (f)  declare any person to be ineligible to hold a licence or to be an
        agent's representative either permanently or temporarily;

   (g)  require the person to enter into an undertaking to perform, or not to
        perform, certain tasks to be specified in the undertaking.

(2) In addition to the powers conferred by subsection (1), if the Tribunal
determines that the person has contravened or failed to comply with this Act
or the regulations, it may impose a penalty not exceeding $5000 on the person
and specify when the penalty must be paid.

(3) Any penalty imposed under subsection (2) must be paid to the Fund.





(4) If the Tribunal suspends or cancels a licence, the cancellation or
suspension takes effect on the date specified by the Tribunal.

(5) If an estate agent fails to pay a penalty imposed under subsection (2) by
the required date, the Tribunal may without giving the agent an opportunity to
be heard-

   (a)  suspend the agent's licence until the penalty is paid; and

   (b)  cancel the licence if the penalty has still not been paid after the
        end of a further period of time equal to the initial period of time
        the agent had in which to pay the penalty.

(6) A reference to a person in this section includes a reference to any person
who was an estate agent or agent's representative at the time of any breach or
alleged breach of any relevant law, even though the person is not an estate
agent or agent's representative at the time any action is taken under this
Act.