SETTLEMENT AGENTS ACT 1981
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Term used: settlement agent
- 22 Powers of investigation
- 23 Application for review by SAT
PART III -- Licensing
- 24 Applications for licences
- 26 Settlement agents must be licensed
- 26A Licensed real estate agent may be exempted for certain settlements
- 26B Licensed business agent may be exempted for certain settlements
- 27 Licensing of individuals
- 28 Firms, licensing of
- 29 Bodies corporate, licensing of
- 30 Licence, effect of
- 31 Licensee’s triennial certificate: grant and renewal
- 32 Licensee’s triennial certificate: late renewal
- 33 Licensee’s triennial certificate: late renewal after 12 months
- 34 Conditions on licences and triennial certificates
- 34AA Imposing special conditions on licences or triennial certificates
- 34AB Removing special conditions on licences or triennial certificates
- 34A Commissioner may grant licence or triennial certificate without notice to applicant
- 34B SAT may suspend licence in some cases
- 34C Licensee may surrender licence and triennial certificate
- 34D Firm or body corporate must surrender licence and triennial certificate in certain circumstances
- 35 Fidelity insurance and professional indemnity insurance for licensees
- 36 Licensees to notify Commissioner of certain changes
- 37 Registered office of licensee
- 38 Branch office of licensee
- 39 Triennial certificates, contents of
- 40 Licence and triennial certificate not transferable etc.
- 41A Duplicate licence or triennial certificate
- 41B Licensee to comply with prescribed educational requirements
- 41 Use of business names by licensees
- 42 Notices to be exhibited at offices; particulars to appear on documents
PART IV -- Controls
Division 1 -- General
- 43 Remuneration of settlement agents
- 44 Maximum remuneration, disputes over remuneration etc.
- 45 Records and premises, licensees’ duties as to
- 46 Real estate settlement agents, functions of
- 47 Business settlement agents, functions of
Division 2 -- Trust accounts
- 48 Terms used
- 49 Trust accounts etc. of licensees
- 49A Client may ask settlement agent for separate trust account
- 49B Interest on trust accounts
- 49C Settlement agents to give Commissioner information about trust accounts
- 50 Receipts, accounts etc. by settlement agents
- 51 Audits of trust accounts
- 52 Date of audit, Commissioner may change
- 53 Auditors, qualification and approval of
- 54 Auditors, appointment of
- 55 Audit of business carried on at more than one place, directions as to
- 56 Approvals etc. under this Division, Commissioner’s power to cancel etc.
- 58 Audits, settlement agents’ duties and auditors’ powers as to
- 59 Audits, bankers’ duties as to
- 60 Auditors’ reports, content of
- 61 Moneys etc. held on trust, statement of by settlement agents
- 62 Auditor’s report to report breaches of law etc.
- 63 Auditors’ duty of confidentiality
- 64 Right of some persons to information in auditors’ reports
- 65 Offences under this Division
- 66 Auditors’ remuneration
- 67 Settlement agents with no accounts to audit
- 68 Accounts of firm or body corporate or settlement agent with branch office, effect of audits as to
- 69 Audit of trust account, Commissioner may do
- 70 Settlement agent to allow Commissioner’s auditor etc. to inspect accounts etc.
- 71 Cost of audit done under s.
- 72 Application of s. 63 to certain persons
- 73 Restraining bank etc. from dealing with settlement agent’s account, SAT’s powers as to
- 74 Suspension of settlement agents, appointment of supervisors etc., SAT’s powers as to
- 75 Effect of s. 74 orders appointing supervisor
- 76 Supervisors’ duties
- 77 Hindering etc. supervisors, offence
- 78 Discharge or variation of s. 73 or 74 order
- 79 SAT’s additional powers as to s. 73, 74 or 78 orders
- 80 Service of s. 73, 74, 78 and 79 orders; penalty for breach of
- 81 Banks etc., duty to disclose certain accounts etc. if required to by authorised person
- 81A Information about trust accounts, Commissioner’s power to obtain
Division 3 -- Discipline
- 82 Code of conduct for settlement agents
- 83 Disciplinary action by SAT, alleging cause for
- 84 Disciplinary action, SAT’s powers as to
- 85 Offences that cause licence and triennial certificate to be cancelled
- 85A Cancellation of licence due to insufficient resources or cessation of business
- 86 Persons with cancelled licences etc., offences by and in respect of
PART V -- Fidelity Guarantee Account
- 87 Account established; administration of Account
- 88 Moneys to be credited to Account
- 89 Investment of moneys in Account
- 90 Expenditure from Account
- 92 Payments to Account by applicants for licences etc.
- 93 Purpose of Account; making claims against Account
- 94 Levies for Account against certificate holders
- 95 Claims against Account; recovery from Account
- 96 Defences to claims against Account
- 97 Subrogation of rights of claimant against Account
- 98 Insufficiency in Account
- 99 State may insure against claims
- 100 Application of insurance money
- 101 Advertising for claims in relation to defaulting licensee
- 102 Documents etc. to support claims, CEO may require
- 102AA Commissioner may investigate claims against Fidelity Account
PART VA -- Education and General Purpose Account
- 102A Account established; administration of account
- 102B Moneys to be credited to account
- 102C Expenditure from account
- 102D Investment of moneys in account
PART VI -- Settlement Agents Interest Account
- 103 Account established; administration of account
- 104 Moneys to be credited to account
- 105 Expenditure from account
- 106 Investment of moneys in account
PART VII -- Miscellaneous
- 110 Registers of licensees etc., Commissioner to keep etc.
- 111A Offence to give false or misleading information
- 111 Commissioner’s certificate
- 112 Annual report by department
- 113 Reports by Commissioner to Minister
- 114 Refunds of fees, Commissioner’s powers as to
- 115 Protection from personal liability
- 116 Confidentiality of information officially obtained
- 117 Liability of directors of body corporate for defalcations
- 118 Other rights and remedies not affected by this Act
- 119 Rights conferred by Act cannot be waived
- 120 General penalty for offences
- 121 Proceedings for offences
- 122 Forms
- 123 Regulations
PART VIII -- Savings and transitional
- 124 Terms used
- 125 Former Board abolished
- 126 References to former Board
- 127 Immunity continues
- 128 Notices and rules made by former Board
- 129 References to former Registrar
- 130 Unfinished investigations by former Board
- 131 Unfinished proceedings by former Board
- 132 Winding-up former Board
- 133 Final report by former Board
- 134 Staff of former Board
- 135 Transitional regulations