Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 6B

Functions and powers of the Council

6B. Functions and powers of the Council



(1) The functions of the Council are-

   (a)  to monitor the operation of this Act and the regulations;

   (b)  to assess the efficiency and effectiveness of regulation of the real
        estate industry under this Act and the need for further regulation or
        alternatives to regulation such as de-regulation or co-regulation;

   (c)  to monitor the provision of services by estate agents and developments
        in the real estate industry generally;

   (d)  to advise the Minister-

   (i)  in respect of any matter relating to the operation of this Act,
        including the impact of the deregulation of the charging of
        commission;

   (ii) on any matter referred to the Council by the Minister;

   (iii) in respect of any matter arising under paragraph (a), (b) or (c);

   (e)  to make recommendations to the Minister-

   (i)  on policies relating to the operation of this Act and the regulations;

   (ii) on policies relating to the real estate industry;

   (iii) relating to the application of grants under section 76;

   (f)  to recommend to the Minister proposals for the reform of the Act and
        of the administration of the Act and of any law relevant to the
        provision of real estate services;

   (g)  to carry out such other functions as are conferred on the Council
        under this Act or by the Minister by notice published in the
        Government Gazette.

(2) The Council may exercise such powers as are necessary to perform its
functions and to achieve its objectives including without limiting the
generality of this subsection-

   (a)  to implement policies relating to the administration of this Act;

   (b)  with the approval of the Minister, to give directions to the Director
        in respect of the implementation of such policies;

   (ba) to give advice to the Authority in respect of the implementation of
        such policies;



   (c)  with the approval of the Minister, to recommend to the Director the
        making of regulations by the Governor in Council;

   (d)  to monitor and evaluate the effectiveness of any procedures set up to
        deal with disputes between estate agents or between estate agents and
        persons dealing with estate agents relating to services or the
        charging of commission;

   (e)  to recommend ways of improving such procedures;



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   (g)  to exercise such other powers as may be conferred on the Council under
        this Act.

(3) The Council must exercise its powers and perform its functions subject to
the direction and control of the Minister.

(4) The Minister may give a direction to the Council on policy matters in
writing by-

   (a)  issuing a direction to the Council; or

   (b)  approving a policy submitted by the Council to the Minister for
        approval.