Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 5

Act not to apply to Government Departments etc.

5. Act not to apply to Government Departments etc.



(1) This Act shall not be construed as requiring-

   (a)  any responsible Minister of the Crown or any Government Department;

   (b)  the Director of Housing the Rural Water Corporation the Public
        Transport Corporation, Victorian Rail Track established by Division 2
        of Part 2 of the Rail Corporations Act 1996, the Secretary to the
        Department of Natural Resources and Environment, the Roads Corporation
        the State Electricity Commission of Victoria Generation Victoria,
        National Electricity, VPX, the Rural Finance Corporation of Victoria;















   (c)  any municipal council or any local authority within the meaning of the
        Public Contracts Act 1958 as in force immediately before the
        commencement of the Public Contracts (Repeal) Act 1986;

   (d)  any other public statutory authority specified for the purposes of
        this section by Order of the Governor in Council published in the
        Government Gazette;

   (e)  any person in the exercise of his functions as an officer or employee
        of the Crown or any Government Department, corporation, council or
        authority referred to in this subsection or as an agent of the
        Director of Housing-

to hold a licence under or observe those requirements of this Act which relate
to the duties of estate agents.

(2) This Act shall not be construed as requiring-

   (a)  any executor, administrator, trustee, liquidator, official receiver,
        trustee or assignee of a bankrupt for the purposes of performing his
        functions exercising his powers or carrying out his duties as such;



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   (d)  any trustee company within the meaning of the
        Trustee Companies Act 1984 or any officer thereof while bona fide
        engaged as such officer;





   (e)  any Australian legal practitioner (within the meaning of the
        Legal Profession Act 2004) for the purpose only of carrying out the
        ordinary functions of an Australian legal practitioner;



   (f)  any person engaged for the purpose only of auditing accounts under
        Part VI;



   (g)  any person who carries on the business of a travel agent, for the
        purpose only of carrying out his ordinary functions as a travel agent;
        or

   (h)  any class of persons exempted by the regulations-

to hold a licence under or (except in respect of any provision of this Act
which is specifically expressed to apply to any class of persons referred to
in this subsection) to observe the requirements of this Act.

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(9) A person who is one of a class of persons exempted under this section or
by the regulations from holding an estate agent's licence and who does not
hold an estate agent's licence shall not demand, sue for, recover or retain
any commission under this Act or the regulations.

(10) This Act shall not be construed as prohibiting any person (not being an
estate agent or an agent's representative) from performing any function
exercising any power or carrying out any duty which apart from this Act he
would have been entitled to perform exercise or carry out under the express
authority or permission of any Act.

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