Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 31A

Person involved in Fund claim may regain licence etc. in exceptional circumstances

31A. Person involved in Fund claim may regain licence etc. in exceptional
circumstances









(1) This section applies to a person in relation to whom a claim has been
allowed against the Fund under Part VII or against a corresponding fund
established under any corresponding previous enactment.

(2) The person may apply to the Authority for permission to hold an estate
agent's licence or to be employed as an agent's representative.

(2A) An application under this section must-

   (a)  be in the form approved by the Authority; and

   (b)  contain the information required by the Authority; and

   (c)  be accompanied by the documents required by the Authority; and

   (d)  be accompanied by the prescribed fee (if any).

(2B) In considering an application under this section, the Authority may-

   (a)  conduct any inquiries it thinks fit;

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

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

(2C) The Authority may refuse to give its permission if the applicant does not
provide the further information required, or his or her consent for the
Authority to obtain that information, within a reasonable time after the
requirement is made.

(3) The Authority may give its permission if it is satisfied-

   (a)  that the person has refunded all amounts paid out of the Fund or the
        corresponding fund in respect of the claim; and

   (b)  that there were exceptional circumstances which gave rise to the claim
        against the person; and

   (c)  that having regard to the conduct of the person before and after the
        claim, there is no reasonable expectation that the person will not
        comply with this Act and the regulations in future; and

   (d)  that the giving of the permission is not contrary to the public
        interest.

(4) Section 14(5)(c) does not apply to a person in respect of whom permission
has been given.

(5) A person in respect of whom permission has been given is eligible to act
as an agent's representative, despite section 16(1)(f).