Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 31CA

Corporation may be allowed to hold licence despite disqualifying factors

31CA. Corporation may be allowed to hold licence despite disqualifying factors



(1) A corporation may apply to the Authority for permission to be granted, or
to continue to hold, an estate agent's licence even though-

   (a)  it, or one of its directors, is 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; or

   (b)  it has been convicted of, or has had found proven against it, an
        offence involving fraud, dishonesty, drug trafficking or violence
        that, if it was a natural person, would be punishable by imprisonment
        for 3 months or more; or

   (c)  one of its directors is 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,
        but who is still eligible to be a director of the corporation under
        the Corporations Act despite the conviction or finding of guilt.

(2) An application must-

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

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

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

   (d)  be accompanied by any fee required by the regulations for the purposes
        of this section.

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

   (a)  that the giving of the permission is not contrary to the public
        interest; and

   (b)  in the case of an application made in the circumstances described in
        subsection (1)(a)-

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

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

   (iii) 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

   (c)  in the case of an application made in the circumstances described in
        subsection (1)(a) involving a director or in subsection (1)(c), that
        there is a substantive reason why the person should remain a director
        of the corporation.

(4) In considering an application, 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.

(5) The Authority may refuse to give its permission if the applicant does not
provide the further information required, or any consent needed by the
Authority to obtain that information, within a reasonable time after the
requirement is made.



(6) If the Authority gives its permission, the corporation is eligible to be
granted, or to continue to hold, an estate agent's licence, despite anything
to the contrary in section 15(3) or 22(2A).