S. 4(1) def. of Board repealed by No. 86/1994 s. 5(c). * * * * * S. 4(1) def. of books inserted by No. 10028 s. 4(b), amended by Nos 86/1994 s. 5(e), 44/2001 s. 3(Sch. item 39.1(c)). books has the same meaning as in the Corporations Act; S. 4(1) def. of branch manager amended by No. 86/1994 s. 5(f). branch manager means a person permitted by section 30 to manage a branch office; S. 4(1) def. of branch office substituted by No. 10028 s. 4(c). branch office means an office in which the business of a licensed estate agent is conducted other than a principal office; S. 4(1) def. of business amended by No. 10028 s. 4(d). business means any hotel business, business, storekeeper's business, manufacturing business, professional business, service business or any trading business whatsoever, and includes any share or interest in or concerning any stock goodwill or other property or assets included in any transaction relating to a business; S. 4(1) def. of business day substituted by No. 63/2010 s. 35(2). business day means a day that is not— (a) a Saturday or a Sunday; or (b) a day that is appointed as a public holiday or public half-holiday throughout the whole of under the Public Holidays Act 1993;
S. 5(4)–(6) amended by No. 10028 s. 5(d)–(f), repealed by No. 86/1994 s. 45(b). * * * * * S. 5(7) repealed by No. 86/1994 s. 45(b). * * * * * S. 5(8) amended by No. 38/1993 s. 6(a), repealed by No. 86/1994 s. 45(b). * * * * * S. 5(9) amended by No. 86/1994 s. 45(c). (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. S. 5(10) amended by No. 86/1994 s. 47(a). (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.
S. 12(3) amended by Nos 38/1993 s. 6(b), 17/2004 s. 10(1). (3) Where a licensed estate agent does not carry on business as an estate agent otherwise than as an employee of an estate agent— S. 12(3)(a) amended by No. 86/1994 s. 47(b). (a) sections 44, 47, 51, 59(6) and 62 shall apply to him as if he were an agent's representative for the purposes of this Act; and S. 12(3)(b) amended by Nos 86/1994 s. 47(c), 38/2017 s. 84. (b) sections 25, 29 and 91 shall apply to him as if he were an estate agent for the purposes of this Act. Ss 12A–12C inserted by No. 41/2003 s. 17, repealed by No. 103/2004 s. 36. * * * * * 13 Agents' representatives (1) Subject to this Act— S. 13(1)(a) repealed by No. 86/1994 s. 7(1)(a). * * * * * S. 13(1)(b) amended by No. 86/1994 s. 7(1)(b). (b) a person shall not be or act as an agent's representative for any person who should be but is not the holder of an estate agent's licence. S. 13(2) amended by Nos 86/1994 s. 7(c)(i)(ii), 41/2003 s. 18. (2) Nothing in this Act shall be construed as requiring any agent's representative, so far as he performs for any licensed estate agent any of the functions of an estate agent (other than managing the day to day operation of an estate agency office) and is duly authorized to do so by that agent, to hold an estate agent's licence under this Act.
S. 21(4) amended by No. 86/1994 ss 12(3), 47(k). (4) Where the Authority— (a) is satisfied that the applicant is eligible to be the holder of a licence; S. 21(4)(b) amended by Nos 86/1994 ss 12(4), 47(i), 41/2003 s. 24. (b) if the applicant is an individual, is satisfied that he or she is of good character and has received no information that he or she is not a fit and proper person to hold a licence; S. 21(4)(c) repealed by No. 86/1994 s. 47(j). * * * * * the Authority shall grant the applicant a licence (subject to section 36(2)(a)). S. 21(4A) inserted by No. 10028 s. 14, amended by No. 86/1994 s. 47(k). (4A) A licence granted under subsection (4) shall be subject to such conditions and limitations as the Authority sees fit to impose. S. 21(4B) inserted by No. 86/1994 s. 12(5), amended by No. 52/1998 s. 75(2). (4B) If the Authority is not satisfied of any thing referred to in subsection (4) in relation to an applicant, it must refuse to issue a licence to the applicant and must give the applicant written notice of the refusal within 14 days of the refusal. S. 21(4C)(4D) inserted by No. 86/1994 s. 12(5), repealed by No. 52/1998 s. 75(3). * * * * * S. 21(5) amended by No. 9925 s. 5(a), substituted by Nos 86/1994 s. 12(6), 52/1998 s. 75(4). (5) A licence— (a) must be in a form determined by the Authority; and (b) must be issued and signed by the Registrar; and
S. 29(8) amended by No. 86/1994 s. 47(m)(viii). (8) In this section unauthorized person means any person who for the purposes of subsection (1) does not hold an estate agent's licence. S. 29A inserted by No. 86/1994 s. 17, substituted by No. 52/1998 s. 83. 29A Suspended and cancelled licences must be returned (1) If the Tribunal suspends or cancels a licence, the person to whom the licence was issued must return the licence to the Authority within the period specified by the Tribunal. 25 penalty units. (2) If a licence is automatically suspended or cancelled under this Act, the person to whom the licence was issued must return the licence to the Authority within 7 days of becoming aware of the suspension or cancellation. 25 penalty units. S. 29B inserted by No. 86/1994 s. 17, substituted by No. 41/2003 s. 28. 29B Duties of agents and officers in effective control (1) This section applies to a natural person— (a) who is a licensed estate agent who carries on an estate agency business; or (b) who is an officer in effective control of the estate agency business of a corporation. (2) The person must— (a) be regularly and usually in charge at the principal office of the estate agent; and (b) give regular and substantial attendance at that office; and (c) properly control and supervise any estate agency business carried on by the agent or for which the person is responsible; and
S. 31C(2A) inserted by No. 8/2003 s. 51. (2A) An application under this section must— (a) be in the form approved by the Authority; and (b) contain the information required by the Authority; and (c) be accompanied by the documents required by the Authority; and (d) be accompanied by the prescribed fee (if any). S. 31C(2B) inserted by No. 8/2003 s. 51. (2B) In considering an application under this section, the Authority may— (a) conduct any inquiries it thinks fit; (b) require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority; (c) seek advice and information on the application from any other person or body as it thinks fit. S. 31C(2C) inserted by No. 8/2003 s. 51. (2C) The Authority may refuse to consider the application if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made. S. 31C(3) amended by No. 52/1998 s. 84(1). (3) The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so. (4) Section 14(5)(e) does not apply to a person in respect of whom permission has been given. (5) A person in respect of whom permission has been given is eligible to act as an agent's representative, despite section 16(1)(c).
A person must not display or exhibit outside or near the person's office, residence or place of business any sign or other matter that indicates or implies that the office, residence or place of business is that of a licensed estate agent unless the person is a licensed estate agent. 60 penalty units. Ss 39, 40 repealed by No. 63/2010 s. 43. * * * * * 41 Production of licence by agent S. 41(1) amended by Nos 9925 s. 5(a), 10028 s. 24(a), 86/1994 s. 47(w)(i)–(iv), 52/1998 s. 90, 37/2014 s. 10(Sch. item 58.2). (1) Every licensed estate agent shall within seven days of a demand being made at the premises where he carries on his business produce his licence to the Authority, to the Director or to any police officer or to any person with whom that agent is transacting or attempting to transact any business as an estate agent. S. 41(2) inserted by No. 10028 s. 24(b). (2) Every licensed estate agent shall at every premises where he carries on his business display a copy of his licence in a conspicuous position available to the public. 42 Advertising
Ss 45A, 45B inserted by No. 41/2003 s. 33, repealed by No. 63/2010 s. 45. * * * * * S. 46 amended by Nos 9925 s. 5(a), 10028 s. 28, 86/1994 s. 47(zb), 52/1998 s. 91, repealed by No. 63/2010 s. 45. * * * * * 47 Authorization of agents' representatives S. 47(1) amended by No. 86/1994 s. 47(zc)(i)(ii). (1) Notwithstanding anything in this Act or any law to the contrary, an agent's representative shall not perform for an estate agent any of the functions of an estate agent unless the agent's representative has been lawfully authorized in writing by the estate agent to do so. S. 47(2) amended by No. 86/1994 s. 47(zc)(iii), substituted by No. 41/2003 s. 34. (2) An agent's representative who is employed by an estate agent must not undertake employment under section 30(3) with another estate agent as a branch manager for that other agent. 25 penalty units. S. 47(2A) inserted by No. 41/2003 s. 34. (2A) An agent's representative who is employed by an estate agent as a branch manager under section 30(2) or 30(3) must not undertake employment with another estate agent. 25 penalty units.
S. 55 amended by Nos 10028 s. 32, 86/1994 ss 29, 47(zi)(zj), 84/1996 s. 467(Sch. 6 item 5), 52/1998 s. 93, 44/2001 s. 3(Sch. item 39.3), 72/2001 s. 3(Sch. item 7.5), 9/2002 s. 3(Sch. item 6.3), 41/2003 s. 36, 17/2004 s. 10(1), 1/2010 s. 11, 63/2010 s. 46, substituted by No. 36/2011 s. 4. 55 Restriction on agent purchasing property (1) An estate agent must not obtain a beneficial interest in any real estate or business that the estate agent has been commissioned by any principal to sell. Penalty: 240 penalty units or imprisonment for 2 years, or both. (2) An agent's representative employed by an estate agent must not obtain a beneficial interest in any real estate or business that the estate agent has been commissioned by any principal to sell. Penalty: 240 penalty units or imprisonment for 2 years, or both. (3) Without limiting subsections (1) or (2), a person obtains a beneficial interest if any of the following circumstances arise— (a) the person or an associate of the person— (i) purchases the real estate or business; or (ii) holds an option to purchase the real estate or business; (b) a proprietary corporation of which the person or an associate of the person is a member— (i) purchases the real estate or business; or (ii) holds an option to purchase the real estate or business; (c) a corporation over which the person (either individually or jointly with associates) or an associate of the person can exercise control— (i) purchases the real estate or business; or (ii) holds an option to purchase the real estate or business;
(3) If the Director is satisfied that an auditor has failed to comply with a direction issued under subsection (1), the Director may direct that the auditor no longer audit an estate agent's accounts of trust money. (4) The Director must give the auditor a reasonable opportunity to make written or oral submissions, or both, before giving a direction under subsection (3). (5) A direction under subsection (3) must be published in the Government Gazette and takes effect on the day it is published in the Government Gazette. (6) As soon as is practicable after making a direction under subsection (3), the Director must give a copy of the direction to each approved industry association. 64 Annual audit of trust accounts S. 64(1) amended by No. 9925 s. 5(a), substituted by No. 10028 s. 36(a), amended by Nos 41/2003 s. 41(1), 63/2010 s. 47(1). (1) Within three months after 30 June in each year, every person who carried on business as an estate agent during the whole or any part of the previous financial year shall cause his accounts of trust money for the whole or the part of that financial year to be audited. 120 penalty units. S. 64(1A) inserted by No. 41/2003 s. 41(2). (1A) The agent must not engage a person or firm as an auditor for the purposes of subsection (1) if the person or firm is not qualified under section 66 to act as the auditor. 25 penalty units.
or account for any such money or to comply with the provisions of this section, he shall— S. 64(15)(a) amended by Nos 9925 s. 5(a), 86/1994 s. 47(zp), 52/1998 s. 99(1). (a) forthwith send or deliver to the Director a report setting out the facts so discovered and deliver a signed copy of the report to the agent; and (b) set out the facts so discovered in his report of the result of the audit. S. 64(16) inserted by No. 103/2004 s. 39(1). (16) An auditor is not required to report a deficiency under this section if— (a) the deficiency was caused solely by an error by an authorised deposit-taking institution or by inadvertence; and (b) the deficiency is rectified within 2 business days of its discovery. S. 64A inserted by No. 10028 s. 37. 64A Audit ordered by Director S. 64A(1) amended by Nos 86/1994 s. 47(zq), 52/1998 s. 99(1), 41/2003 s. 42(1). (1) The Director may at any time during the financial year cause the accounts of trust money of an estate agent to be audited. S. 64A(1A) inserted by No. 41/2003 s. 42(2). (1A) The Director must not engage a person or firm as an auditor for the purposes of subsection (1) if the person or firm is not qualified under section 66 to act as the auditor. S. 64A(2) amended by Nos 86/1994 s. 47(zq), 52/1998 s. 99(1)(2). (2) The auditor shall as soon as he has completed a report of an audit conducted under subsection (1) send it to the Director and the Director shall as soon as he or she receives the report send a copy of it to the estate agent.
S. 70S inserted by No. 103/2004 s. 40. 70S Requirement to assist inspector during entry To the extent that it is reasonably necessary to determine compliance with this Act or the regulations or to carry out any audit under this Act, an inspector exercising a power of entry under this Division who produces his or her identity card for inspection by the occupier of the premises or an agent or employee of the occupier may require that person— (a) to give information to the inspector, orally or in writing; and (b) to produce documents to the inspector; and (c) to give reasonable assistance to the inspector. S. 70T inserted by No. 103/2004 s. 40. 70T Refusal or failure to comply with requirement A person must not refuse or fail, without reasonable excuse, to comply with a requirement of an inspector under this Division. 25 penalty units. S. 70U inserted by No. 103/2004 s. 40, substituted by No. 79/2006 s. 76. 70U Protection against self-incrimination S. 70U(1) amended by No. 58/2016 s. 9. (1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under section 47D or this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person. S. 70U(2) amended by No. 58/2016 s. 9. (2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under section 47D or this Part,
S. 73(ca) inserted by No. 9500 s. 15(b), repealed by No. 29/1989 s. 18(b). * * * * * S. 73(d) amended by No. 86/1994 s. 47(zw)(ii). (d) all fees payable to the Authority pursuant to this Act; S. 73(e) amended by No. 86/1994 s. 47(zw)(i), substituted by No. 52/1998 s. 101(b). (e) all penalties payable to the Fund under this Act; S. 73(f) amended by Nos 86/1994 s. 47(zw)(ii), 52/1998 s. 101(c). (f) all moneys recovered by or on behalf of the Secretary in the exercise of any right of action conferred by this Part; S. 73(g) amended by Nos 86/1994 s. 47(zw)(ii), 52/1998 s. 101(d). (g) all moneys paid by an insurer pursuant to a contract of insurance or indemnity entered into by the Secretary under section 87; (h) all moneys advanced to the Fund by the Treasurer under section 86; S. 73(ha) inserted by No. 9500 s. 15(c), amended by No. 86/1994 s. 47(zw)(ii), substituted by No. 52/1998 s. 101(e). (ha) all other moneys required to be paid into the Fund under this or any other Act; (i) all moneys standing to the credit of the Estate Agents' Guarantee Fund at the date of coming into operation of this section; and
(iii) the provision of finance or credit for the acquisition of any right to reside on land; S. 76(3)(a)(iv) substituted by No. 69/2006 s. 224(Sch. 3 item 5.4). (iv) owners corporations; S. 76(3)(a)(iva) inserted by No. 19/2013 s. 19(2)(a). (iva) company title corporations and service companies; (v) retirement villages; (vi) residential tenancy rights and any other rights to reside on land; (vii) other consumer protection matters relating to interests in land; S. 76(3)(b) substituted by No. 17/2004 s. 5(1). (b) programs that promote the ownership of real estate; S. 76(3)(c) substituted by No. 17/2004 s. 5(1). (c) the training of estate agents and agents' representatives; S. 76(3)(d) substituted by No. 17/2004 s. 5(1). (d) dispute resolution and advocacy services in relation to disputes involving— (i) the sale, purchase, lease or transfer of interests in real estate or businesses; (ii) the provision of finance or credit for the purpose of sale, purchase or lease of real estate or businesses; (iii) a resident, or proposed or former resident, of a retirement village regarding his or her residence right in that retirement village;
(a) while the offence was being committed; or (b) after the offence was committed. (3) Any such order is to be treated as if it were a fine imposed by the Court. 95 Prosecutions S. 95(1) amended by No. 86/1994 s. 47(zzc), substituted by No. 103/2004 s. 43. (1) Proceedings for an offence against this Act or the regulations may only be brought by— (a) the Director; or (b) a person authorised by the Director for the purposes of this section. S. 95(1A) inserted by No. 103/2004 s. 43. (1A) In proceedings for an offence against this Act or the regulations it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceedings was authorised to bring the proceedings. S. 95(1B) inserted by No. 103/2004 s. 43. (1B) Subsection (1) does not apply to proceedings for an indictable offence. S. 95(2) amended by No. 9848 s. 18(1). (2) Notwithstanding anything in any Act, proceedings for any offence against this Act may be brought within the period of three years after the commission of the alleged offence or, with the consent of the Director of Public Prosecutions, at any later time. S. 95A inserted by No. 86/1994 s. 43, repealed by No. 52/1998 s. 110, new s. 95A inserted by No. 41/2003 s. 10. 95A Power to serve a notice (1) An authorised officer may serve an infringement notice on any person that he or she has reason to believe has committed an offence against this Act or the regulations specified by the regulations as an offence in respect of which an infringement notice may be issued. S. 95A(1A) inserted by No. 32/2006 s. 94(Sch. item 17(1)). (1A) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
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;
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
Assent Date: 22.4.86 Commencement Date: 22.4.86 : All of Act in operation Estate Agents (Amendment) Act 1986, No. 62/1986 Assent Date: 16.9.86 Commencement Date: 8.10.86: Government Gazette 8.10.86 p. 3854 : All of Act in operation Conservation, Forests and Lands Act 1987, No. 41/1987 Assent Date: 19.5.87 Commencement Date: S. 103(Sch. 4 items 17.1, 17.2) on 1.7.87: Government Gazette 24.6.87 p. 1694 : This information relates only to the provision/s amending the Estate Agents Act 1980 State Trust Corporation of Victoria Act 1987, No. 55/1987 Assent Date: 20.10.87 Commencement Date: 2.11.87: Government Gazette 28.10.87 p. 2925 : All of Act in operation Liquor Control Act 1987, No. 97/1987 Assent Date: 1.12.87 Commencement Date: S. 181(3) on 3.5.88: Government Gazette 27.4.88 p. 1044 : This information relates only to the provision/s amending the Estate Agents Act 1980 State Bank Act 1988, No. 29/1988 Assent Date: 17.5.88 Commencement Date: 9.6.88: Government Gazette 8.6.88 p. 1582 : All of Act in operation Rural Finance Act 1988, No. 44/1988 Assent Date: 24.5.88 Commencement Date: 1.7.88: Government Gazette 29.6.88 p. 1896 : All of Act in operation Subdivision Act 1988, No. 53/1988 (as amended by No. 49/1989) Assent Date: 31.5.88 Commencement Date: 30.10.89: Government Gazette 4.10.89 p. 2532 : All of Act in operation Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 9) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Estate Agents Act 1980 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 21) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Estate Agents Act 1980 Unclaimed Money Act 2008, No. 44/2008 Assent Date: 26.8.08 Commencement Date: S. 109 on 1.1.09: s. 2(2) : This information relates only to the provision/s amending the Estate Agents Act 1980 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 53) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Estate Agents Act 1980 Consumer Affairs Legislation Amendment Act 2010, No. 1/2010 Assent Date: 9.2.10 Commencement Date: Ss 4(2)–(4), 5–11, 13, 16 on 1.8.10: Government Gazette 22.7.10 p. 1628; ss 4(1), 12, 14, 15 on 1.11.10: Government Gazette 14.10.10 p. 2404 : This information relates only to the provision/s amending the Estate Agents Act 1980 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: S. 203(1)(Sch. 6 item 21) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 : This information relates only to the provision/s amending the Estate Agents Act 1980 Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010