Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 6

PART IIA THE ESTATE AGENTS COUNCIL

Estate Agents Council

6. Estate Agents Council



(1) There is established an Estate Agents Council.

(2) The Council is to consist of 8 members appointed by the Governor in
Council of whom-

   (a)  3 are to be persons from the real estate industry, of whom at least 2
        must be appointed from a panel of names of 8 persons who have for the
        previous 5 years been licensed estate agents practising as such
        submitted by The Real Estate Institute of Victoria Ltd;

   (b)  1 must be appointed from a panel of names of 3 persons who have for
        the previous 5 years been licensed estate agents practising as such
        submitted by the Stock and Station Agents' Association Limited A.C.N.
        096 142 880;

   (c)  1 is to be an Australian lawyer (within the meaning of the
        Legal Profession Act 2004) of not less than 5 years standing;



   (d)  1 is to be a member of either CPA Australia or The Institute of
        Chartered Accountants in Australia;

   (e)  2 are to be persons who are not estate agents and are not employed in
        the estate agency industry or in the provision of services to estate
        agents.

(3) The Chairperson and the Deputy Chairperson of the Council are to be
appointed from among the members of the Council by the Governor in Council on
the recommendation of the Minister.

(4) A member of the Council-

   (a)  is, subject to this Act, entitled to hold office for such term not
        exceeding 3 years as is specified in the instrument of appointment and
        is eligible for re-appointment;

   (b)  is entitled to be paid such remuneration and travelling and other
        expenses, if any, as is fixed by Order of the Governor in Council;

   (c)  is subject to the Public Administration Act 2004 (other than Part 3 of
        that Act) in respect of the office of the member.









(5) The Governor in Council may at any time-

   (a)  remove a member of the Council from office; and

   (b)  fill any vacancy in the office of a member of the Council.

(6) The office of a member of the Council becomes vacant-

   (a)  at the expiration of the term of office;

   (b)  if the holder of the office dies;

   (c)  if the holder of the office resigns by writing addressed to the
        Governor in Council;

   (d)  if the holder of the office is removed from office under subsection
        (5);

   (e)  if the holder of the office is absent without leave of the Council
        from 4 consecutive meetings of the Council;

   (f)  if the holder of the office becomes an insolvent under administration;

   (g)  if the holder of the office becomes incapable of performing the duties
        of the office.