ESTATE AGENTS ACT 1980 - SECT 99 Regulations
ESTATE AGENTS ACT 1980 - SECT 99
Regulations(1) The Governor in Council may make regulations for or with respect to—
S. 99(1)(a) amended by No. 52/1998 s. 112(a).
(a) prescribing the form and manner of keeping the register and any other forms for use under this Act (and all such forms or forms to the like effect shall be sufficient in law);
S. 99(1)(aa) inserted by No. 10028 s. 54(a).
(aa) prescribing which, if any, particulars required to be given in any prescribed form are to be verified by statutory declaration or otherwise;
S. 99(1)(b) repealed by No. 52/1998 s. 112(b), new s. 99(1)(b) inserted by No. 41/2003 s. 49(a) .
(b) requiring estate agents to give consumers of their services information in relation to those services in a form specified by the regulations or approved by the Director;
(c) exempting any class of persons from the operation of this Act and prescribing the extent of such exemptions;
S. 99(1)(d) amended by Nos 86/1994 s. 44(a), 8/2003 s. 59(1).
(d) prescribing the books accounts documents and records to be kept by licensed estate agents and agents' representatives and the manner of keeping them and the period for which they must be kept;
S. 99(1)(e) amended by No. 41/2003 s. 49(b).
(e) prescribing the duties of persons engaged to audit accounts pursuant to Part VI of this Act including the scope of and the mode of making the audit;
S. 99(1)(ea) inserted by No. 86/1994 s. 44(b), amended by No. 17/2004 s. 10(2).
(ea) the responsibilities of the officer in effective control of the estate agency business of a licensed estate agent that is a corporation with respect to the supervision and control of that business (including elaborating the responsibilities imposed by section 29B);
S. 99(1)(f) amended by Nos 9945 s. 3(1)(Sch. 1 item 21), 86/1994 s. 44(c).
(f) prescribing penalties not exceeding 20 penalty units for any contravention of or failure to comply with any regulation;
S. 99(1)(fa) inserted by No. 41/2003 s. 11.
(fa) prescribing, for the purposes of sections 95A to 95E—
(i) the offences under this Act or the regulations in respect of which an infringement notice may be issued; and
S. 99(1)(fa)(ii) amended by No. 63/2010 s. 48(1).
(ii) the penalties that apply to a natural person and a body corporate if those offences are dealt with by an infringement notice;
S. 99(1)(g) amended by Nos 9925 s. 5(a), 10028 s. 54(c), 86/1994 s. 47(zze)(i)(ii), substituted by No. 52/1998 s. 112(c).
(g) prescribing fees payable—
(i) for or on the issue of certificates by the Registrar; and
S. 99(1)(g)(ii) amended by No. 8/2003 s. 59(2).
(ii) for searches of, copies of, or extracts from the registers and other records kept by the Registrar; and
(iii) for licences, including application fees, annual fees, late payment fees late lodgement fees and fees for applications for extensions of time;
(iv) for other applications to the Authority under this Act;
(v) for the issue of other documents under this Act;
(vi) for any other procedures required by this Act, other than procedures relating to the Tribunal;
S. 99(1)(ga) inserted by No. 10028 s. 54(d), amended by No. 86/1994 s. 47(zy).
(ga) prescribing the circumstances in which the Authority may give reductions in or refunds of fees and the amount of those reductions or refunds;
S. 99(1)(gb) inserted by No. 10028 s. 54(d), amended by No. 86/1994 s. 44(d).
(gb) prescribing courses of education for agents' representatives;
S. 99(1)(gc) inserted by No. 86/1994 s. 44(e).
(gc) regulating advertising by, and advertisements of, estate agents or agents' representatives and regulating the use by an estate agent in advertisements, or in connection with the agent's business as an estate agent, of a name, title or description which is used as a result of a franchising agreement within the meaning of section 43;
S. 99(1)(gd) inserted by No. 86/1994 s. 44(e).
(gd) regulating the giving of deposits to, and the taking of deposits by, agents and agents' representatives and the amounts or rates of such deposits, and regulating or prescribing the form of receipts for deposits;
S. 99(1)(ge) inserted by No. 86/1994 s. 44(e).
(ge) prescribing standard forms of contracts to give effect to agreements negotiated by agents or agents' representatives, and the use of those forms, and the permissible variations in those forms, and prohibiting or restricting the use of other forms to give effect to such contracts;
S. 99(1)(gf) inserted by No. 86/1994 s. 44(e), amended by No. 41/2003 s. 49(c).
(gf) prescribing courses of instruction and examinations and requirements establishing competency;
S. 99(1)(gg) inserted by No. 86/1994 s. 44(e).
(gg) prescribing rules of professional conduct for agents and agents' representatives;
(h) generally, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed for carrying out or giving effect to this Act.
S. 99(2) inserted by No. 8/2003 s. 59(3).
(2) The regulations under this Act may prescribe fees that differ according to differences in circumstances.
S. 99(3) inserted by No. 63/2010 s. 48(2).
(3) A power conferred by this Act to make regulations may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and
(b) so as to make, as respects the cases in relation to which the power is exercised—
(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or
(ii) any such provision either unconditionally or subject to any specified condition.
S. 99(4) inserted by No. 63/2010 s. 48(2).
(4) Regulations under this Act may be made—
(a) so as to apply at all times or at a specified time; and
(b) so as to require matters affected by the regulations to be—
(i) in accordance with specified standards or specified requirements; or
(ii) approved by or to the satisfaction of specified persons or bodies or specified classes of persons or bodies; or
(iii) as specified in both subparagraphs (i) and (ii); and
(c) so as to apply, adopt or incorporate any matter contained in any document, whether—
(i) wholly or partially or as amended by the regulations; or
(ii) as in force at a particular time or as in force from time to time; and
(d) so as to confer a discretionary authority or impose a duty on specified persons or bodies or specified classes of persons or bodies; and
(e) so as to provide in specified cases or classes of case for the exemption of persons or things or classes of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.
S. 100 repealed by No. 9500
s. 20.
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Pt 9 (Heading) amended by No. 63/2010 s. 49.
Pt 9 (Heading and s. 101) inserted by No. 17/2004 s. 9.
Part IX—Transitional and savings
Pt 9 Div. 1 (Heading) inserted by No. 54/2016 s. 32.
Division 1—Consumer Affairs Legislation Amendment Act 2010
S. 101 inserted by No. 17/2004 s. 9, substituted by No. 1/2010 s. 16.