Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 30

Management of estate agency office

30. Management of estate agency office



(1) Subject to this Act, a person shall not manage the day to day operation of
an estate agency office unless he is a licensed estate agent.

(1A) A licensed estate agent shall not while he manages an estate agency
office act as the manager of any other estate agency office.

(2) Despite subsection (1), a person who held an unexpired approval granted
under this section immediately before section 18 of the Estate Agents
(Amendment) Act 1994 came into operation may continue to manage the branch
office specified in the approval unless he or she is disqualified from doing
so under subsection (7).



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(3) A person to whom subsection (2) applies may apply to the Authority for
permission to manage a branch office different to the one specified in the
approval.



(4) The Authority may give its permission if it is satisfied that it is not
contrary to the public interest for it to do so.





(5) Sections 23 to 24B apply to a person to whom subsection (2) applies as if-

   (a)  a reference to a licensed estate agent was a reference to the person;
        and

   (b)  a reference to the date a licence was granted was a reference to the
        date the person first received approval under this section; and

   (c)  a reference to a prescribed fee was a reference to a fee prescribed
        for the purposes of this section; and

   (d)  a reference to a form approved by the Authority was a reference to a
        form approved by the Authority for the purposes of this section; and

   (e)  a reference to the cancellation of a licence was a reference to the
        effect of subsection (6).

(6) If a person to whom subsection (2) applies fails to comply with section 23
within the time specified by the notice under section 24A(1), subsection (2)
ceases to apply to him or her and any permission granted to him or her under
subsection (4) is automatically revoked.

(7) The Tribunal may, after giving the person the chance to be heard,
disqualify any person to whom subsection (2) applies from acting as a branch
manager if the Tribunal is satisfied that he or she has contravened or failed
to comply with this Act, or is not eligible to be an agent's representative.

(8) A person who is authorised to act as the manager of a branch office by
subsection (2) must not, while he or she manages that branch office, act as a
branch manager in any other branch office of his or her employer or for any
other estate agent.

(9) Any person who manages the day to day operation of an estate agency office
in contravention of the provisions of this section shall be guilty of an
offence.



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