Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 31B

Bankrupt person may be allowed limited right to hold licence etc.

31B. Bankrupt person may be allowed limited right to hold licence etc.



(1) This section applies to a person who is an insolvent under administration.

(2) The person may apply to the Authority for permission to hold an estate
agent's licence as an employee 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 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 that it is not
contrary to the public interest for it to do so.

(4) Section 14(5)(d) 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)(d).

(6) A person to whom permission has been given and who is an insolvent under
administration must not act as the officer in effective control of any estate
agency business.

Penalty: 25 penalty units.