Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 31C

Person with criminal record may be allowed limited right to hold licence etc.

31C. Person with criminal record may be allowed limited right to hold licence
etc.



(1) This section applies to a person who has, within the last 10 years in
Australia or elsewhere, been convicted or had found proven against him or her
any offence involving fraud, dishonesty, drug trafficking or violence which
was punishable by imprisonment for 3 months or more.

(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 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 consider the application 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)(e) 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)(c).