ESTATE AGENTS ACT 1980 - SECT 4 Definitions
ESTATE AGENTS ACT 1980 - SECT 4
Definitions(1) In this Act unless inconsistent with the context or subject-matter—
S. 4(1) def. of accounting records inserted by No. 10028 s. 4(a), amended by No. 86/1994 s. 5(a), substituted by No. 44/2001 s. 3(Sch. item 39.1(a)).
"accounting records" has the same meaning as financial records has in the Corporations Act;
S. 4(1) def. of agent's representative inserted by No. 86/1994 s. 5(b).
"agent's representative" means any person—
(a) who is not a licensed estate agent but who—
(i) is employed by, or who acts for or by arrangement with, a licensed estate agent; or
(ii) is a director, member or officer of a corporation that is a licensed estate agent; and
(b) who performs for that estate agent any of the functions of an estate agent (other than work ordinarily performed by clerks, cashiers or accountants)—
regardless of whether his or her remuneration is by way of salary, wages, commission or otherwise;
S. 4(1) def. of approved auditor inserted by No. 41/2003 s. 12(1)(d), amended by Nos 63/2010 s. 35(1)(a), 36/2011 s. 3, 1/2021 s. 137.
"approved auditor" means a person who—
(a) is a member of CPA Australia, the Institute of Public Accountants or Chartered Accountants Australia and New Zealand; and
(b) meets the requirements of one of those bodies to practise as a public accountant;
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S. 4(1) def. of approved industry association inserted by No. 52/1998 s. 66(a), amended by Nos 41/2003 s. 12(1)(a), 1/2010 s. 4(2), 50/2014 s. 30.
"approved industry association" means—
(a) The Real Estate Institute of Victoria Limited ACN 004 210 897;
(b) the Australian Livestock & Property Agents Association Limited ACN 096 142 880;
(c) any other industry association approved by the Minister by notice published in the Government Gazette;
S. 4(1) def. of approved names inserted by No. 10028 s. 4(a), repealed by No. 86/1994 s. 5(c).
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S. 4(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 24.1(a)).
"authorised deposit-taking institution" has the same meaning as in the Banking Act 1959 of the Commonwealth;
S. 4(1) def. of authorised financial institution inserted by No. 1/2010 s. 4(1).
"authorised financial institution" means a financial institution that—
(a) was an authorised financial institution for the purposes of section 60 immediately before section 30 of the Estate Agents (Amendment) Act 1994 came into operation; or
(b) has entered into an arrangement with the Secretary under section 60(1) ;
S. 4(1) def. of authorised investment inserted by No. 38/1993 s. 5(1), amended by Nos 11/2001 s. 3(Sch. item 24.1(b)(i)–(iv)), 44/2001 s. 3(Sch. item 39.1(b)).
"authorised investment" means—
(a) a term deposit, debenture or deposit stock of an authorised deposit-taking institution;
(b) a document issued by an authorised deposit-taking institution—
(i) relating to money which has been deposited with the authorised deposit-taking institution; and
(ii) which recognises an obligation to pay a stated amount to bearer or to order with or without interest; and
(iii) which (with or without endorsement) confers by delivery the right of the holder to receive that stated amount with or without interest;
(c) a loan to the Treasurer repayable on demand;
(d) a stock, bond, debenture or other security of the Commonwealth or of the State or of any public statutory body constituted under a law of the Commonwealth or of the State which is guaranteed by the Commonwealth or the State;
(e) a deposit with an eligible money market dealer within the meaning of the Corporations Act;
(f) a bill of exchange which—
(i) at the time of acquisition has a maturity date of no more than 200 days; and
(ii) if purchased for value confers on the holder in due course a right of recourse against an authorised deposit-taking institution as the acceptor or indorser of the bill for an amount equal to the face value of the bill;
(g) an investment approved, or included in a class of investments approved, for the time being by the Treasurer as an authorised investment, or class of authorised investments, for the purposes of this Act (whether or not of a kind similar to a kind of investment referred to in a preceding paragraph);
S. 4(1) def. of Authority inserted by No. 86/1994 s. 5(d), substituted by No. 52/1998 s. 66(b).
"Authority" means the Business Licensing Authority established under the Business Licensing Authority Act 1998 ;
S. 4(1) def. of bank inserted by No. 38/1993 s. 5(1), repealed by No. 11/2001 s. 3(Sch. item 24.1(c)).
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S. 4(1) def. of Board repealed by No. 86/1994 s. 5(c).
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S. 4(1) def. of books inserted by No. 10028 s. 4(b), amended by Nos 86/1994 s. 5(e), 44/2001 s. 3(Sch. item 39.1(c)).
"books" has the same meaning as in the Corporations Act;
S. 4(1) def. of branch manager amended by No. 86/1994 s. 5(f).
"branch manager" means a person permitted by section 30 to manage a branch office;
S. 4(1) def. of branch office substituted by No. 10028 s. 4(c).
"branch office" means an office in which the business of a licensed estate agent is conducted other than a principal office;
S. 4(1) def. of business amended by No. 10028 s. 4(d).
"business" means any hotel business, boarding-house business, storekeeper's business, manufacturing business, professional business, service business or any trading business whatsoever, and includes any share or interest in or concerning any stock goodwill or other property or assets included in any transaction relating to a business;
S. 4(1) def. of business day substituted by No. 63/2010 s. 35(2).
"business day "means a day that is not—
(a) a Saturday or a Sunday; or
(b) a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993 ;
S. 4(1) def. of Chief Executive Officer inserted by No. 9925 s. 2(a), repealed by No. 86/1994 s. 5(c).
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"commission" includes fees charges reward or other remuneration whether monetary or otherwise;
S. 4(1) def. of Council inserted by No. 86/1994 s. 5(g).
"Council" means the Estate Agents Council established by section 6;
S. 4(1) def. of CPA Australia inserted by No. 41/2003 s. 12(1)(d).
"CPA Australia" means CPA Australia A.C.N. 008 392 452;
S. 4(1) def. of declared corporation amended by No. 9/2002 s. 3(Sch. item 6.1(a)), repealed by No. 1/2010 s. 4(4)(a).
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S. 4(1) def. of Director inserted by No. 86/1994 s. 5(h), substituted by Nos 52/1998 s. 66(c), 17/1999 s. 32, amended by No. 21/2012 s. 239(Sch. 6 item 16.1).
"Director" means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012 ;
S. 4(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 7.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 21.1).
"domestic partner" of a person means—
(a) a person who is in a registered relationship with the person; or
(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
S. 4(1) def. of employ amended by No. 86/1994 s. 5(i).
"employ" (in relation to the employment of any person as an agent's representative) includes not only directly employ but also by any arrangement or any means whatsoever engage induce or permit any person to act as an agent's representative, and the derivatives of employ have a corresponding interpretation;
S. 4(1) def. of employer's copy repealed by No. 86/1994 s. 5(c).
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S. 4(1) def. of estate agent or agent amended by Nos 10028 s. 4(e), 41/2003 s. 12(1)(b)(i)(ii).
"estate agent" or agent means any person (whether or not he carries on any other business) who exercises or carries on or advertises or notifies or states that he exercises or carries on or that he is willing to exercise or carry on or in any way holds himself out to the public as ready to undertake the business of—
(a) selling buying exchanging letting or taking on lease of or otherwise dealing with or disposing of;
(b) negotiating for the sale purchase exchange letting or taking on lease of or any other dealing with or disposition of;
(c) collecting rents for—
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any real estate or business on behalf of any other person;
"estate agent's licence" means a valid and unexpired estate agent's licence under this Act;
S. 4(1) def. of externally-administered corporation inserted by No. 86/1994 s. 5(j), substituted as externally-administered body corporate by No. 101/1998 s. 37(1)(a), amended by No. 44/2001 s. 3(Sch. item 39.1(c)).
"externally-administered body corporate" has the same meaning as in the Corporations Act;
S. 4(1) def. of Fund inserted by No. 8/2003 s. 44(a), amended by No. 17/2004 s. 3(b).
"Fund" means the Victorian Property Fund established under this Act;
S. 4(1) def. of Homes Victoria inserted by No. 40/2022 s. 52.
"Homes Victoria" means the body corporate established under section 9(2) of the Housing Act 1983 ;
S. 4(1) def. of insolvent under administration inserted by No. 86/1994 s. 5(j), substituted by No. 101/1998 s. 37(1)(b), repealed by No. 4/2008 s. 32(Sch. item 9).
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S. 4(1) def. of inspector inserted by No. 103/2004 s. 35, amended by No. 21/2012 s. 239(Sch. 6 item 16.2).
"inspector" means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012 ;
"letting" includes every form of leasing or letting of or granting a licence to use real estate and the function or business of "letting" includes the collection or receipt of rents by an agent on behalf of his principal whether the agent has or has not let the real estate in question;
S. 4(1) def. of licence amended by No. 86/1994 s. 5(k).
licence means estate agent's licence;
S. 4(1) def. of licensed auctioneer repealed by No. 86/1994 s. 5(l).
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"licensed estate agent" means the holder of an estate agent's licence;
S. 4(1) def. of licensed sub-agent repealed by No. 86/1994 s. 5(l).
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S. 4(1) def. of outgoings inserted by No. 10028 s. 4(f).
outgoings means any moneys spent by an estate agent on his principal's behalf for which the estate agent is at common law entitled to be reimbursed;
S. 4(1) def. of owners corporation inserted by No. 69/2006 s. 224(Sch. 3 item 5.1(b)).
"owners corporation" has the same meaning as it has in the Owners Corporations Act 2006 ;
Part means Part of this Act;
S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 58.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 4(1) def. of practising public accountant amended by Nos 9699 s. 23, 86/1994 s. 5(m)(i)(ii), 44/2001 s. 3(Sch. item 39.1(d)), repealed by No. 41/2003 s. 12(1)(c).
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S. 4(1) def. of principal office amended by No. 1/2010 s. 4(3).
principal office means the office recorded on the register under section 33(3)(g) as the principal office of a licensed estate agent;
S. 4(1) def. of private corporation amended by No. 9/2002 s. 3(Sch. item 6.1(b)).
"private corporation" means a corporation whose shares are not listed for quotation on any prescribed financial market (as defined in section 9 of the Corporations Act);
S. 4(1) def. of prescribed repealed by No. 48/2018 s. 55.
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S. 4(1) def. of professional conduct rules inserted by No. 86/1994 s. 5(n), amended by No. 63/2010 s. 35(1)(b).
"professional conduct rules" means the regulations made, or deemed to have been made, under section 99(1)(gg);
S. 4(1) def. of publish inserted by No. 41/2003 s. 12(1)(d).
"publish" means publish by any means, including by publication on the Internet;
real estate includes—
(i) any estate or interest in land or buildings;
(ii) any share or shares in any company limited by shares entitling the holder thereof to the exclusive right to occupy a specified building or part of a building; and
(iii) any goods chattels or other property or assets included in any transaction relating to real estate;
S. 4(1) def. of rebate inserted by No. 41/2003 s. 7.
"rebate" includes any discount, commission or other benefit;
S. 4(1) def. of record amended by No. 86/1994 s. 5(o), repealed by No. 52/1998 s. 66(d).
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S. 4(1) def. of register inserted by No. 52/1998 s. 66(d).
"register" means the register kept under section 33;
S. 4(1) def. of registered address repealed by No. 86/1994 s. 5(p), new def. of registered address inserted by No. 63/2010 s. 35(3).
"registered address" means an address recorded in the register as the address for the service of documents and communications of a licensed estate agent;
S. 4(1) def. of registered education and training organisation inserted by No. 41/2003 s. 12(1)(d), substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 17), repealed by No. 63/2010 s. 35(1)(c).
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S. 4(1) def. of registered office amended by No. 8/2003 s. 44(b), repealed by No. 63/2010 s. 35(1)(c).
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S. 4(1) def. of Registrar inserted by No. 86/1994 s. 5(q), substituted by No. 52/1998 s. 66(e).
"Registrar" means the Registrar of the Authority appointed under the Business Licensing Authority Act 1998 ;
"regulations" means regulations under this Act;
S. 4(1) def. of residence right inserted by No. 17/2004 s. 3(a).
"residence right" has the same meaning as in the Retirement Villages Act 1986 ;
S. 4(1) def. of residential property amended by No. 53/1988 s. 45(Sch. 3 item 13) (as amended by No. 47/1989 s. 23(2)), substituted by No. 58/2016 s. 4(a).
"residential property" means real estate that is used, or intended to be used, for residential purposes but does not include real estate that is used primarily for the purposes of industry, commerce or primary production;
S. 4(1) def. of retirement village inserted by No. 17/2004 s. 3(a).
"retirement village" has the same meaning as in the Retirement Villages Act 1986 ;
S. 4(1) def. of rules repealed by No. 86/1994 s. 5(p).
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S. 4(1) def. of secretary repealed by
No. 9925
s. 2(b), new def. of Secretary inserted by No. 52/1998
s. 66(f), amended by No. 108/2004 s. 117(1) (Sch. 3
item 71.1).
"Secretary" means the person for the time being holding the office of Secretary to the Department of Justice under the Public Administration Act 2004 ;
S. 4(1) def. of sell inserted by No. 86/1994 s. 5(r).
"sell" includes to sell by auction;
S. 4(1) def. of small business amended by No. 86/1994 s. 5(s).
"small business" means business the goodwill plant equipment and fittings of which are sold or offered for sale or authorized to be sold at a total price not exceeding $200 000 (or such other amount not exceeding $500 000 that may be prescribed);
S. 4(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 7.1).
"spouse" of a person means a person to whom the person is married;
S. 4(1) def. of statement of information inserted by No. 58/2016 s. 4(b).
"statement of information" means a statement prepared under section 47AF;
S. 4(1) def. of stock and station agent repealed by No. 1/2010 s. 4(4)(b).
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S. 4(1) defs of sub-agent , sub-agent's licence repealed by No. 86/1994 s. 5(t).
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S. 4(1) def. of subdivision body corporate inserted by No. 17/2004 s. 3(a), repealed by No. 69/2006 s. 224(Sch. 3 item 5.1(a)).
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S. 4(1) def. of travel agent inserted by No. 10028 s. 4(g).
"travel agent" means a person solely engaged in the business of making travel arrangements or arranging holiday accommodation;
"Treasurer" means the Treasurer of Victoria;
S. 4(1) def. of Tribunal inserted by No. 10155 s. 69(1)(a), substituted by Nos 86/1994 s. 5(u), 52/1998 s. 66(g).
"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;
S. 4(1) def. of working director inserted by No. 86/1994 s. 5(u).
"working director" means, in relation to a corporation that carries on business as an estate agent, a director of that corporation who is engaged in the estate agency business of that corporation.
S. 4(2) inserted by No. 72/2001 s. 3(Sch. item 7.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 21.2).
(2) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
(c) a person is not a domestic partner of another person only because they are co-tenants.
S. 4(3) inserted by No. 41/2003 s. 12(2).
(3) A reference in this Act to—
(a) "he or she", "she or he", "him or her" or "her or him" is to be read as including a reference to "it", if the context permits;
(b) "his or her" or "her or his" is to be read as including a reference to "its", if the context permits.
S. 4(4) inserted by No. 41/2003 s. 12(2).
(4) A reference in this Act to "people" includes a reference to bodies corporate and politic, unless the contrary intention appears.