{"id":"agents-licensing-act-1979","name":"Agents Licensing Act 1979","slug":"agents-licensing-act-1979","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29840,"registerId":"nt-agents-licensing-act-1979-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Agents Licensing Act 1979.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe several Parts and sections of this Act shall commence on such\ndates as are respectively fixed by the Administrator by notice in the\nGazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"3 Repeal\nThe Land and Business Agents Ordinance 1974 is repealed.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"4 Application\n(1) This Act does not apply in relation to:\n(a) an executor, administrator, liquidator or receiver other than a\nreceiver appointed under this Act, the committee of the estate\nof a person appointed under a law relating to mental health, a\nmanager of the estate of a person appointed under a law\nrelating to the property of protected persons or any other\ntrustee, while exercising a right or power or performing a duty\nor obligation, as such; or\n(b) an ADI while exercising a right or power, or performing a duty\nor obligation, as a trustee; or\n(c) a person practising in the Territory as a legal practitioner in the\nexercise of rights and powers or the performance of duties\nand obligations in his or her professional capacity.\n(2) This Act does not bind the Crown or its officers or servants.\n\nAgents Licensing Act 1979 2\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"5 Interpretation\n(1) In this Act:\naccounting records, in relation to a person, includes such working\npapers and other documents as are necessary to explain the\nmethods and calculations by which accounts of the person are\nmade up.\nagent means a real estate agent, business agent or conveyancing\nagent's representative means a person who, in the service of, and\non behalf of, a licensed agent negotiates or holds himself or herself\nout as being prepared to negotiate any transaction of a description\nreferred to in subsection (2)(a) or (b).\napproved form means a form approved under section 126A(1).\nBoard means the Agents Licensing Board of the Northern Territory\nconstituted under Part II.\nbody corporate manager, under the Unit Title Schemes Act 2009,\nmeans a body corporate manager as defined in section 87(1) of\nthat Act.\nbusiness manager means a person, with substantive and effective\ncontrol of one or more of the registered offices of the business\noperated under a licence, who is specified on the licence as a\nbusiness manager in respect of the office or offices.\nChairperson means the Chairperson of the Board appointed under\nsection 9 and includes the Deputy Chairperson when acting as the\nChairperson.\ncompany means a corporation within the meaning of the\nCorporations Act 2001.\ncorporation manager under the Unit Titles Act 1975 means a\nperson who for reward (whether monetary or otherwise), and\nwhether or not the person carries on any other business, exercises\na power or performs a function on behalf of a corporation or\nmembers of a corporation under that Act.\ndepartmental member means the member who is an employee\nwithin the meaning of the Public Sector Employment and\nManagement Act 1993 appointed under section 7.\nDeputy Chairperson means the Deputy Chairperson of the Board\nelected under section 14(4)(b).\n\nAgents Licensing Act 1979 3\nfirm includes a business constituted by one person.\nFund means the Agents Licensing Fidelity Guarantee Fund of the\nNorthern Territory established by section 94.\ninquiry means a meeting of the Board to conduct an inquiry in\npursuance of Part IX.\ninspector means an inspector appointed under section 8.\nInstitute means the Real Estate Institute of the Northern Territory\nIncorporated.\nlease includes a sub-lease.\nlicence means a licence that is in force under this Act.\nlicensed agent means an agent licensed to carry on business as\nan agent.\nmember means a member of the Board (including the Chairperson\nor Deputy Chairperson) and includes an acting appointment.\nregister means the appropriate register kept under section 109.\nregistered agents representative means a person registered\nunder Part IV as an agent's representative.\nregistered company auditor means a registered company auditor\nwithin the meaning of the Corporations Act 2001.\nregistered office means an office of which the Registrar has been\nnotified under section 110(2)(a).\nRegistrar means the Registrar of Land, Business and\nConveyancing Agents appointed under section 8.\nregulations means regulations made under this Act.\nrules of conduct means rules of conduct prescribed in the\nregulations.\ntrust account means an account referred to in section 50.\ntrust money means money of a description referred to in\nsection 49.\n\nAgents Licensing Act 1979 4\n(2) For the purposes of this Act, but subject to section 4:\n(a) real estate agent means a person whose business either\nalone or as part of or in connection with any other business, is\nto act as agent for consideration in money or money's worth\nas commission, reward or remuneration, in respect of:\n(i) the sale, purchase, exchange, leasing, letting or other\ndealings with, or the disposition of; or\n(ii) negotiations for the sale, purchase, exchange, leasing,\nletting or other dealings with, or the disposition of,\nland, whether within or outside the Territory, and includes a\ncorporation manager under the Unit Titles Act 1975 and a\nbody corporate manager under the Unit Title Schemes\nAct 2009; and\n(b) business agent means a person whose business either alone\nor as part of or in connection with any other business, is to act\nas agent for consideration in money or money's worth as\ncommission, reward or remuneration, in respect of:\n(i) the sale, purchase, exchange, leasing or letting or other\ndealings with, or the disposition of; or\n(ii) negotiations for the sale, purchase, exchange, leasing,\nletting or other dealings with, or the disposition of,\na business or any share or interest in a business, or the\ngoodwill in, or stock-in-trade of, a business, but does not\ninclude the sale, purchase, exchange or other dealings with,\nor the disposition of a share in the capital of a body corporate\ncarrying on a business; and\n(c) conveyancing agent means a person whose business either\nalone or as part of or in connection with any other business, is\nto act as agent for consideration in money or money's worth\nas commission, reward or remuneration (whether or not paid\ndirectly or indirectly for the service provided), in respect of a\nmatter set out in Schedule 1.\n(3) In this Act, a reference to a person being licensed or registered as a\nreal estate agent, business agent or conveyancing agent under a\nlaw of a State or Territory providing for the licensing or registration\nof real estate agents, business agents or conveyancing agents, as\nthe case may be, includes a reference to a person being licensed or\nregistered in that State or Territory (not being the Northern\nTerritory) to carry on an activity that, if carried on in the Northern\nTerritory, would be an activity of a kind referred to in\n\nAgents Licensing Act 1979 5\nsubsection (2)(a), (b) or (c), as the case may be.\n","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Exemptions","content":"5A Exemptions\n(1) Subject to the regulations, the Board may exempt a person, or a\nclass of persons, from compliance with all or any of the provisions\nof this Act if the Board considers it appropriate to do so.\n(2) The Board may grant an exemption under subsection (1):\n(a) subject to any conditions that the Board considers appropriate;\nand\n(b) on the Board's own initiative or on an application made under\nsubsection (3).\n(3) A person may apply to the Board for an exemption under\n","sortOrder":5},{"sectionNumber":"5B","sectionType":"section","heading":"Exemption for trust money of corporation manager","content":"5B Exemption for trust money of corporation manager\nA licensed agent:\n(a) who receives trust money in the course of business carried on\nas a corporation manager under the Unit Titles Act 1975 or as\na body corporate manager under the Unit Title Schemes\nAct 2009; and\n(b) who holds and deals with the trust money in accordance with\na scheme prescribed under section 127(2),\nshall, notwithstanding anything to the contrary in this Act, the Unit\nTitles Act 1975, the Unit Title Schemes Act 2009 or any other Act,\nbe deemed not to have committed any breach of the provisions of\nthis Act or those Acts which would otherwise apply to such trust\nmoney.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"The Board","content":"6 The Board\n(1) For the purposes of this Act and the Auctioneers Act 1935, there\nshall be a Board, to be known as the Agents Licensing Board of the\nNorthern Territory.\n(2) The Board shall be a body corporate with perpetual succession and\na common seal and shall be capable of suing and being sued in its\ncorporate name.\n\nAgents Licensing Act 1979 6\n(3) All courts, judges and persons acting judicially shall take judicial\nnotice of the common seal of the Board affixed to a document and\nshall presume that it was duly affixed.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Appointment of members and tenure","content":"7 Appointment of members and tenure\n(1) Subject to subsection (1A), the Board shall consist of the following\npersons:\n(a) a departmental member, being a person who is an employee\nwithin the meaning of the Public Sector Employment and\nManagement Act 1993;\n(b) a lawyer;\n(c) 2 persons each of whom is either a licensed real estate agent\nor a licensed business agent;\n(d) a person who, in the opinion of the Minister, is suitable to\nrepresent the interests of consumers of the services offered by\nagents.\n(1A) For the purposes of considering an application for a licence as a\nconveyancing agent or any other matter relating to conveyancing\nagents, the Board shall consist of the members appointed under\nsubsection (1)(a), (b) and (d) and 2 licensed conveyancing agents\nappointed by the Minister for those purposes.\n(1B) For the purposes of considering an application for an auctioneer's\nlicence under the Auctioneers Act 1935 or any other matter related\nto auctioneers, the Board is to consist of the members appointed\nunder subsection (1).\n(2) Subject to this section, the Minister shall appoint the members of\nthe Board.\n(3) The departmental member shall hold office during the pleasure of\nthe Minister.\n(4) Subject to this Act, a member, other than the departmental\nmember, shall hold office for a period of 3 years.\n(5) If there is or will be a vacancy in the office of a member referred to\nin subsection (1)(c), the Registrar must publish a notice, in any\nmanner that makes it publicly available in the Territory, inviting\nlicensed real estate agents and licensed business agents to notify\nthe Minister, within 30 days after the publication of the notice, that\nthey are willing to be appointed to the Board.\n(6) If there are or will be less than 2 licensed conveyancing agents for\nthe purposes of subsection (1A), the Registrar must publish a\n\nAgents Licensing Act 1979 7\nnotice, in any manner that makes it publicly available in the\nTerritory, inviting licensed conveyancing agents to notify the\nMinister, within 30 days after the publication of the notice, that they\nare willing to be appointed to the Board.\n(7) The Minister may, after 30 days after the publication of a notice\nunder subsection (5) or (6), with the approval of a person, appoint\nthe person under subsection (2) (whether or not the person has\nnotified the Minister under subsection (5) or (6)) to be the member\nfor the purposes of subsection (1)(c) or (1A).\n(8) Where the office of a member referred to in subsection (1)(b) or (d)\nbecomes vacant before the expiration of the member's term of\noffice, the Minister may appoint:\n(a) a lawyer; or\n(b) a person of a description referred to in subsection (1)(d),\nas the case requires, to hold that office for a period of 3 years.\n(10) Subject to this section, a member shall be eligible for\nre-appointment.\n(11) The exercise of a power or the performance of a function of the\nBoard is not affected by reason only of there being a vacancy or\nvacancies in the membership of the Board.\n","sortOrder":8},{"sectionNumber":"7A","sectionType":"section","heading":"Alternate members","content":"7A Alternate members\n(1) The Minister may, either concurrently with the appointment of a\nmember to the Board or at any time thereafter, appoint a person to\nact as the alternate of that member while the member is prevented\nby illness, absence, the operation of section 15, or other cause\nconsidered sufficient by the Chairperson, from performing the\nduties of office.\n(2) An alternate member appointed under subsection (1) holds office\nduring the period the member for which he or she is appointed\nalternate holds office, or for such shorter period as may be\nspecified by the Minister.\n(3) The Minister shall not appoint an alternate member under\nsubsection (1) unless that person would be qualified in his or her\nown right to be appointed as a member.\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Registrar, Deputy Registrars and inspectors","content":"8 Registrar, Deputy Registrars and inspectors\n(1) The Minister may appoint a person to be the Registrar of Land,\nBusiness and Conveyancing Agents.\n\nAgents Licensing Act 1979 8\n(2) The Minister may appoint such persons as the Minister thinks fit to\nbe Deputy Registrars of Land, Business and Conveyancing Agents.\n(3) The Registrar and Deputy Registrars are subject to the directions, if\nany, of the Board, except in relation to the exercise of their powers\nand functions under Part XII.\n(4) Subject to this section and to the directions of the Registrar, a\nDeputy Registrar may exercise any power, or perform any function,\nof the Registrar.\n(5) The Minister may appoint such persons as the Minister thinks fit to\nbe Inspectors of Land, Business and Conveyancing Agents.\n(6) Inspectors shall be subject to any directions of the Registrar.\n(7) The Registrar and each Deputy Registrar is an inspector for the\npurposes of this Act.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Chairperson","content":"9 Chairperson\nThe member appointed under section 7(1)(b) is to be the\nChairperson of the Board.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Removal of member","content":"11 Removal of member\nThe Minister may terminate the appointment of a member for\ninability, inefficiency, misbehaviour or physical or mental incapacity.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Vacation of office","content":"12 Vacation of office\nWhere a member:\n(a) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors or compounds with the\nmember's creditors or makes an assignment of the member's\nremuneration for their benefit; or\n(b) is absent, except on leave granted by the Board, from\n3 consecutive meetings of the Board; or\n(c) ceases to have the qualification by reference to which the\nmember was appointed,\nthe Minister shall terminate the appointment of that member.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Resignation","content":"13 Resignation\nA member may resign the member's office by notice in writing\ndelivered to the Minister.\n\nAgents Licensing Act 1979 9\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Meetings","content":"14 Meetings\n(1) The Board shall meet when necessary for the exercise of its powers\nand the performance of its functions, but so that a period not\nexceeding 6 months elapses between any 2 meetings of the Board.\n(2) The Chairperson may, by written notice, convene a meeting of the\nBoard at any time on the Chairperson's own initiative.\n(4) At a meeting of the Board:\n(a) the Chairperson, when present, shall preside; and\n(b) in the absence of the Chairperson or the alternate\nChairperson (if any) appointed under section 7A, the members\npresent and voting must elect a Deputy Chairperson and that\nperson may exercise the powers and perform the duties of the\nChairperson for that meeting; and\n(c) 3 members constitute a quorum; and\n(d) all questions arising shall be decided by a majority vote of the\nmembers present and voting; and\n(e) the member presiding shall have a deliberative vote and, in\nthe event of an equality of votes, shall also have a casting\nvote; and\n(f) the Board shall keep a record of its proceedings; and\n(g) subject to this Act, the Board shall determine its own\nprocedure.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Member not to act where interested","content":"15 Member not to act where interested\n(1) A member who has a direct or indirect pecuniary interest in a matter\nbeing considered or about to be considered by the Board, otherwise\nthan as a member of, and in common with the other members of, a\ncompany consisting of not less than 25 persons and of which the\nmember is not a director, shall, as soon as possible after the\nrelevant facts have come to the member's knowledge, disclose the\nnature of the member's interest at a meeting of the Board.\n(2) A disclosure under subsection (1) shall be recorded in the minutes\nof the Board.\n(3) Where:\n(a) a member has an interest of a description referred to in\nsubsection (1); or\n\nAgents Licensing Act 1979 10\n(b) an application by a member for the grant of a licence or for\nregistration as an agent's representative is being considered\nor about to be considered by the Board,\nthat member shall not take part in any deliberation or decision of\nthe Board in relation to the matter which is the subject of the\nmember's interest or in relation to the application, as the case may\nbe, and shall be disregarded for the purpose of constituting a\nquorum of the Board in relation to that matter or application.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Delegation","content":"16 Delegation\n(1) The Board may, either generally or in relation to a matter or class of\nmatters, by instrument under its common seal, delegate to:\n(a) a member; or\n(b) a committee consisting of members; or\n(c) the Registrar; or\n(d) a Deputy Registrar,\nall or any of its powers or functions under this Act other than:\n(e) a power to conduct an inquiry under this Act; or\n(f) a power or function where, prior to the exercise of that power\nor function, the Board is required to conduct an inquiry under\nthis Act; or\n(g) this power of delegation.\n(2) A power delegated in accordance with subsection (1) may be\nexercised by the delegate in accordance with the instrument of\ndelegation.\n(3) A delegation under this section is revocable at will and does not\nprevent the exercise of a power so delegated by the Board.\n\nAgents Licensing Act 1979 11\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Unlicensed persons not to act as agents","content":"17 Unlicensed persons not to act as agents\n(1) Subject to subsection (2), a person, company or firm must not carry\non business, or by any means hold himself, herself or itself out, as\na real estate agent, business agent or conveyancing agent unless\nhe, she or it is licensed as such under this Act.\n(2) A person, company or firm, being the holder of a restricted licence\nunder section 25A, must not carry on business, or by any means\nhold himself, herself or itself out, as a real estate agent or business\nagent except in accordance with the conditions of the restricted\nlicence.\n(3) A person (not being a company or a firm) must not perform, or hold\nhimself or herself out as licensed to perform, a service of a\nconveyancing agent specified in section 31A(1) unless the person's\nconveyancing agent's licence is endorsed under that section with a\nstatement to the effect that the person is licensed to perform the\nservice.\n\nAgents Licensing Act 1979 12\n(4) A person (being a company or a firm) must not perform, or hold\nitself out as licensed to perform, a service of a conveyancing agent\nspecified in section 31A(1) unless the licence of each business\nmanager in relation to the registered office of the company or firm\nat which the service is, or is to be, performed is endorsed under\nthat section with a statement to the effect that the business\nmanager of that office is licensed to perform the service.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Meaning of fit and proper person","content":"20 Meaning of fit and proper person\n(1) A natural person is a fit and proper person for the purposes of\nsection 22, 25 or 39 if the person:\n(a) is not a disqualified person as determined in accordance with\nthis section; and\n(b) is a person whose general reputation in the community (which\nmay include a place outside the Territory) is such that the\nBoard is satisfied that the person will competently,\nconscientiously and honestly perform the duties of an agent in\nrelation to the person's employees and clients; and\n(c) has completed the application for a licence frankly,\ncomprehensively and honestly.\n(2) A person is a disqualified person for the purposes of\nsubsection (1)(a) if the person:\n(a) has in the 10 years immediately before the person applied for\nthe licence, been found guilty (whether or not in the Territory)\nof a prescribed offence or an offence that involves dishonesty\nor violence or is an offence against the Misuse of Drugs\nAct 1990, the Kava Management Act 1998 or a corresponding\nlaw declared under subsection (8); or\n(b) is mentally incapable of performing the duties of an agent; or\n(c) is disqualified from holding a licence, certificate of registration\nor other authority under the Consumer Affairs and Fair Trading\nAct 1990 or a corresponding law declared under\nsubsection (8) or is the holder of such a licence, certificate or\nauthority that is suspended; or\n\nAgents Licensing Act 1979 13\n(d) has, at the time of the application, failed to pay a monetary\npenalty payable by the person under this Act, the Consumer\nAffairs and Fair Trading Act 1990 or a corresponding law\ndeclared under subsection (8) or failed to comply with a\ndirection given by the Board; or\n(f) is at the time of the application in breach of a provision of this\nAct or the Regulations that is prescribed by regulation as a\ndisqualifying breach.\n(3) The Board may determine that an offence referred to in\nsubsection (2)(a) is not to be taken into account for the purposes of\nthis section:\n(a) because of the time that has passed since the offence was\ncommitted; or\n(b) because the act or omission constituting the offence was trivial\nor irrelevant.\n(4) A person is a disqualified person for the purposes of\nsubsection (1)(a) if the person:\n(a) is an undischarged bankrupt or is a director or other person\nconcerned in the management of a company that is the\nsubject of a winding up order or for which a controller or\nadministrator has been appointed; or\n(b) at any time in the 3 years immediately before the person\napplied for the licence:\n(i) was an undischarged bankrupt; or\n(ii) applied to take the benefit of any law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounded with the person's creditors or made an\nassignment of the person's remuneration for their\nbenefit,\nunless the Board is satisfied that the person took all\nreasonable steps to avoid bankruptcy; or\n(c) at any time in the 3 years immediately before the person\napplied for the licence, was concerned in the management of\na company:\n(i) while it was the subject of a winding-up order; or\n(ii) while a controller or administrator was appointed,\n\nAgents Licensing Act 1979 14\nunless the Board is satisfied that the person took all\nreasonable steps to avoid the liquidation or administration; or\n(d) is a company that is the subject of a winding-up order or for\nwhich a controller or administrator has been appointed.\n(5) The Board may determine that a person is not a disqualified person\nunder subsection (4) if the Board is satisfied that the relevant acts\nor omissions of the person for the purposes of that subsection do\nnot indicate that the person is likely to default on his or her financial\nor other obligations under this Act.\n(6) A person (the applicant) is a disqualified person for the purposes\nof subsection (1)(a) if the person is a partner of a person who is a\ndisqualified person, unless the Board is satisfied that in the\ncircumstances the applicant is unlikely to be influenced by the\ndisqualified person.\n(7) The Board may only determine that it is not satisfied as to the\nmatter referred to in subsection (1)(b) having regard to information\nthat is provided both to the Board and to the applicant.\n(8) The Minister may, by notice in the Gazette, declare that a law of the\nTerritory, the Commonwealth or a State or another Territory of the\nCommonwealth is a corresponding law for the purposes of\nsubsection (2)(a), (c) or (d).\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Eligibility for licence","content":"22 Eligibility for licence\n(1) A person (not being a company or a firm) is eligible for the grant of\na licence if the Board is satisfied that:\n(a) the person has attained the age of 18 years; and\n(b) the person is a fit and proper person within the meaning of\nsection 20; and\n(c) the person:\n(i) completed a course of competency-based training\napproved by the Board under section 22A(1)(a) for the\nclass of licence that is the subject of the application; or\n(ii) holds the qualifications for the class of licence approved\nby the Board under section 22A(1)(b) that is the subject\nof the application; or\n(iii) has other qualifications or experience approved by the\nBoard under section 22A(1)(c) or (d); or\n\nAgents Licensing Act 1979 15\n(iv) by reason of the person's qualifications and experience,\nis competent to carry on business on the person's own\naccount as a licensed agent; and\n(d) the person:\n(i) will, for the whole period of the licence, be insured under\nan approved indemnity insurance policy within the\nmeaning of section 108A in relation to the person or the\nperson's employer; or\n(ii) is exempt, or the person's employer is exempt, under a\nregulation from the requirement under section 108B to\nbe insured under an approved indemnity insurance\npolicy within the meaning of section 108A.\n(2) For subsection (1)(c)(iii), the Board may require a person's\nemployer to certify, in the approved form, the person's experience.\n","sortOrder":20},{"sectionNumber":"22A","sectionType":"section","heading":"Board may approve course, qualifications or experience","content":"22A Board may approve course, qualifications or experience\n(1) For section 22, the Board may approve the following:\n(a) a course of competency-based training for the class of licence;\n(b) qualifications for the class of licence;\n(c) other qualifications for the licence;\n(d) experience for the licence.\n(2) In deciding whether to approve a course of competency-based\ntraining under subsection (1)(a), the Board must consult with and\nconsider the advice, if any, of:\n(a) the Chief Executive Officer of the Agency responsible for the\nadministration of the Training and Skills Development\nAct 2016; and\n(b) an occupational association or body that represents the\ninterests of the occupation to which the course relates.\n(3) The Board:\n(a) must approve a course of competency-based training if the\nBoard is reasonably satisfied that an agent who satisfactorily\ncompletes the course will be competent to provide the\nservices of an agent that are of the kind to which the course\nrelates; and\n\nAgents Licensing Act 1979 16\n(b) must not refuse to approve a course of competency-based\ntraining on the ground that a person who satisfactorily\ncompletes the course may not have attained the standard of\nbest practice in the relevant industry.\n(4) The Board must publish any approval made under subsection (1) in\n","sortOrder":21},{"sectionNumber":"23A","sectionType":"section","heading":"Provisional licence on acquisition of business","content":"23A Provisional licence on acquisition of business\nIf a person (not being a company or a firm) acquires from a licensed\nagent a business the carrying on of which requires a licence under\nthis Act, the person is eligible for the grant of a provisional licence\nif:\n(a) he or she satisfies the requirements of section 22(1)(a), (b)\nand (d); and\n(b) he or she:\n(i) undertakes in writing to obtain the qualifications referred\nto in section 22(1)(c)(i) or (ii) within the period specified\nby the Board; or\n(ii) satisfies the Board that he or she is, by reason of his or\nher experience, competent to carry on business on his or\nher own account as a licensed agent and undertakes in\nwriting to obtain the qualifications referred to in\nsection 22(1)(c)(iii) within the period specified by the\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Persons licensed or registered as agents elsewhere","content":"24 Persons licensed or registered as agents elsewhere\n(1) Notwithstanding section 22, a person, not being a company or firm,\nwho is licensed or registered as an agent under a law of a State or\nanother Territory of the Commonwealth providing for the licensing\nor registration of agents, is eligible for the grant of a licence of a like\nkind by the Board.\n(2) Where a licence is granted to a person by virtue of subsection (1),\nthe licence shall be:\n(a) subject to the conditions as nearly as practicable the same as\nthose to which the licence or registration granted under the\nlaw of the State or Territory is subject; and\n\nAgents Licensing Act 1979 17\n(b) revoked immediately upon the revocation or suspension of the\nlicence or registration granted under the law of the State or\nTerritory, except where the revocation or suspension under\nthe law of the State or Territory is for the non-payment of a\nfee.\n(3) The revocation of a licence under subsection (2)(b) shall be\ndeemed to be a revocation by the Board pursuant to\nsection 69(1)(d).\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Licence of company or firm","content":"25 Licence of company or firm\nA company or firm is eligible for the grant of a licence if the Board is\nsatisfied that:\n(a) in the case of a company:\n(i) the company has the power to carry on business as an\nagent; and\n(ii) all of the directors of the company and all of the persons\nconcerned in the management or control of the company\nare fit and proper persons within the meaning of\nsection 20; and\n(b) each person who is proposed to be appointed by the company\nor firm as a business manager is a licensed agent; and\n(ba) if the application is for a real estate agent's licence, a business\nagent's licence or a conveyancing agent's licence:\n(i) the company or firm will, for the whole period of the\nlicence, be insured under an approved indemnity\ninsurance policy within the meaning of section 108A; or\n(ii) the company or firm is exempt under a regulation from\nthe requirement under section 108B to be insured under\nan approved indemnity insurance policy within the\nmeaning of section 108A; and\n(c) in the case of a firm, all of the persons by whom the firm is\nconstituted and all of the persons concerned in the\nmanagement or control of the firm are fit and proper persons\nwithin the meaning of section 20.\n","sortOrder":24},{"sectionNumber":"25A","sectionType":"section","heading":"Restricted licence","content":"25A Restricted licence\n(1) Where it appears to the Board that an applicant for a licence is not\nqualified or not entitled to obtain a grant of a licence but the\napplicant, pursuant to section 5A, may be exempted from\ncomplying with the provisions of this Act that may disentitle or\n\nAgents Licensing Act 1979 18\ndisqualify the applicant, the Board may, if it thinks it appropriate or\nexpedient, exempt the applicant accordingly and authorise under\nsection 29 the issue of a restricted licence.\n(2) A restricted licence under subsection (1) entitles the holder to\nperform only the functions of an agent specified in the licence, and\nmay be subject to such conditions on performance as may be\nspecified.\n","sortOrder":25},{"sectionNumber":"Div 3","sectionType":"division","heading":"Applications, objections and determination of","content":"Division 3 Applications, objections and determination of\napplications for licences\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Applications by persons other than companies or firms","content":"26 Applications by persons other than companies or firms\n(1) An application for the grant of a licence by a person, not being a\ncompany or firm, must be:\n(a) in the approved form in which the person specifies a licence\nperiod of 1 year, 3 years or 5 years; and\n(ab) accompanied by the prescribed fee for the licence period\n(2) The Registrar may give a copy of the application to the\nCommissioner of Police.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Applications by companies or firms","content":"27 Applications by companies or firms\n(1) An application by a company or firm for the grant of a licence must\nbe:\n(a) in the approved form:\n(i) in which the applicant specifies a licence period of\n1 year, 3 years or 5 years; and\n(ii) that is signed by one of the directors of the company or\none of the persons by whom the firm is constituted (as\napplicable); and\n(iii) in which the applicant identifies each person who is\nproposed to be appointed as a business manager of the\ncompany or firm; and\n(ab) accompanied by the prescribed fee for the licence period\n\nAgents Licensing Act 1979 19\n(2) The Registrar may give a copy of the application to the\nCommissioner of Police.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Objections","content":"28 Objections\n(1) The Commissioner of Police may, within 7 days after the date on\nwhich a copy of an application made under section 26 or 27 is given\nto the Commissioner, object by notice in writing lodged with the\nRegistrar to the grant of the application.\n(2) The Registrar may, within 14 days after an application by a person,\ncompany or firm for a licence is lodged with the Registrar, object by\nnotice in writing to the grant of the application.\n(3) Any person may, within 14 days after an application by a person,\ncompany or firm for a licence is lodged with the Registrar, object by\nnotice in writing lodged with the Registrar to the grant of the\napplication.\n(4) A notice of objection shall include particulars of the ground or\ngrounds of objection.\n(5) Where a notice of objection is lodged with the Registrar in\naccordance with this section, the Registrar shall, as soon as is\nreasonably practicable, serve a copy of that notice on the applicant\nfor a licence.\n(6) The Commissioner of Police or the Registrar may request the\nperiod of time mentioned in subsection (1) or (2) be extended.\n(7) The Board may grant the Commissioner of Police or the Registrar\nan extension of the period of time mentioned in subsection (1) or (2)\non request.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Grant or refusal of licences","content":"29 Grant or refusal of licences\n(1) The Board must consider an application for the grant of a licence\nand:\n(a) must grant the application for the licence period it specifies\nand authorise the issue of the licence for that period; or\n(b) may, subject to this Division, refuse the application.\n(2) The Board may require any person to attend before the Board and\nto furnish to the Board, such documents and such information,\neither orally or in writing, as it requires.\n\nAgents Licensing Act 1979 20\n(2A) For deciding whether an applicant is eligible for the grant of a\nlicence under section 22(1)(c)(iv), the Board may require an\nassessment of the applicant's competency based on the applicant's\nqualifications and experience by a registered training organisation\nas defined in the Training and Skills Development Act 2016.\n(2B) The applicant must pay for the cost of the assessment.\n(2C) Subsections (2) and (2A) apply regardless of whether an objection\nto the grant of the application is lodged.\n(3) The Board must not refuse an application for the grant of a licence\nunless:\n(a) any person refuses or otherwise fails to attend before the\nBoard or to furnish the documents or information required by\nthe Board in accordance with subsection (2); or\n(b) the applicant for the grant of a licence fails to establish that the\napplicant is eligible for the grant of the licence; or\n(c) the application does not comply with the requirements of\nsection 26 or 27, as the case requires; or\n(d) in the case of an application by a person other than a\ncompany or firm, the applicant is a bankrupt, is a person who\nis, for the time being, taking the benefit of a law for the relief of\nbankrupt or insolvent debtors or is a person whose\nremuneration is, for the time being, assigned for the benefit of\nthe applicant's creditors.\n(3A) Notwithstanding subsection (3), the Board must refuse an\napplication for the grant of a licence if the Board is not satisfied that\nthe applicant will, when licensed, be carrying on business as a\nlicensed agent within the Territory.\n(4) Where the Board refuses to grant an application for the grant of a\nlicence, the Board must:\n(a) record the reasons for its decision; and\n(b) serve on the applicant, within 7 days after so deciding, notice\nof its decision; and\n(c) if the applicant so requests, supply the applicant with a copy of\nthe reasons recorded under paragraph (a).\n\nAgents Licensing Act 1979 21\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Board to hold inquiry before refusal","content":"30 Board to hold inquiry before refusal\n(1) Where:\n(a) subject to subsection (2), a notice of objection is lodged in\naccordance with section 28; or\n(b) the Board considers that there may be grounds for refusing an\napplication for the grant of a licence,\nthe Board shall hold an inquiry before considering in accordance\nwith section 29 whether to grant the application for a licence.\n(2) The Board may, without holding an inquiry, reject an objection\nmade under section 28(3) if, in the opinion of the Board, the\nobjection is of a frivolous, irrelevant or malicious nature.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Issue of licences","content":"31 Issue of licences\n(1) If the Board grants an application for a licence (including a\nprovisional licence or restricted licence), the Registrar must issue\nthe licence to the applicant.\n(2) A licence issued under subsection (1) must:\n(a) be in the approved form; and\n(b) specify the place or places at which its holder is licensed to\ncarry on business; and\n(c) in the case of a restricted licence – set out the functions of an\nagent which its holder is entitled to perform and any conditions\nspecified by the Board under section 25A(2); and\n(d) if the holder of the licence is a company or firm – specify the\nname of each business manager of the company or firm.\n(3) A company or firm that holds a licence may apply to the Board for\napproval to:\n(a) substitute a business manager specified in the licence with a\ndifferent business manager; or\n(b) add a new business manager to the licence.\n(4) On an application under subsection (3), the Board may approve, or\nrefuse to approve, the substitution or addition of a business\nmanager for the company or firm.\n(6) If the Board gives approval under subsection (4), the Registrar\nmust, on the surrender to the Registrar of the licence previously\n\nAgents Licensing Act 1979 22\nissued to the company or firm, issue a new licence to the company\nor firm specifying the name of the business manager or business\nmanagers, for the time being, of the company or firm.\n(7) A licence issued under subsection (6) takes effect from the date on\nwhich it is issued and continues in force for the period that the\nlicence would have continued in force but for the substitution or\naddition effected under subsection (4).\n31AA Notification of change of circumstance\n(1) A person who holds a licence must, within 14 days after a change\nin a circumstance relevant to the person's licensing, notify the\nBoard of the change.\n(2) For subsection (1), a circumstance is relevant to the person's\nlicensing if:\n(a) it is a circumstance mentioned in section 20(2) or (4) that, if it\nhad occurred before the application for the licence had been\nmade, would have resulted in the person being a disqualified\nperson under section 20; or\n(b) in relation to a licence mentioned in section 22(1)(d) – the\nperson is no longer insured or exempt as described in that\nprovision.\nNote for section 31AA\nRegulation 22 of the Agents Licensing Regulations 1979 provides for other\nmatters to be notified.\n","sortOrder":32},{"sectionNumber":"31A","sectionType":"section","heading":"Special endorsement for conveyancing agents","content":"31A Special endorsement for conveyancing agents\n(1) The Registrar may, if authorised to do so by the Board, endorse a\nconveyancing agent's licence held by a person (not being a\ncompany or a firm) with a statement to the effect that the holder of\nthe licence is permitted to provide one or more of the following\nservices:\n(a) drawing, preparing and arranging the execution of leases;\n(b) drawing, preparing and arranging the execution of mortgages;\n(c) drawing, preparing and arranging the execution of\nencumbrances;\n(d) drawing, preparing and arranging the execution of restrictive\ncovenants;\n\nAgents Licensing Act 1979 23\n(e) drawing, preparing and arranging the execution of contracts\nfor the sale of businesses.\n(2) A person (not being a company or a firm) who applies for a\nconveyancing agent's licence or who is the holder of a\nconveyancing agent's licence may in writing request the Registrar\nto endorse the licence under subsection (1) in relation to a service\nspecified in that subsection.\n(3) A person (not being a company or a firm) is entitled to have his or\nher conveyancing agent's licence endorsed under subsection (1) in\nrelation to a service if the Board is satisfied that the person has\ncompleted a course of training approved under section 31B relating\nto the service.\n(4) If the Board is satisfied that an applicant for a conveyancing agent's\nlicence or the holder of a conveyancing agent's licence who is\nseeking the renewal of the licence:\n(a) is entitled under subsection (3) to have his or her licence\nendorsed in relation to a service specified in subsection (1); or\n(b) is, by reason of his or her qualifications and experience,\ncompetent to provide a service specified in subsection (1),\nthe Board must authorise the endorsement of the licence under\nsubsection (1) with a statement to the effect that the holder of the\nlicence is permitted to provide the service.\n(5) If the Board is satisfied that an applicant for a conveyancing agent's\nlicence or the holder of a conveyancing agent's licence who is\nseeking the renewal of the licence:\n(a) is not entitled under subsection (3) to have his or her licence\nendorsed in relation to a service specified in subsection (1); or\n(b) is not competent to provide a service specified in\nsubsection (1) because the applicant does not have sufficient\nexperience in the provision of the service,\nthe Registrar must endorse the licence with a statement to the\neffect that the holder of the licence is not permitted to provide the\nservice.\n","sortOrder":33},{"sectionNumber":"31B","sectionType":"section","heading":"Board may approve course of competency-based training","content":"31B Board may approve course of competency-based training\n(1) The Board may for the purposes of section 31A approve a course\nof competency-based training.\n\nAgents Licensing Act 1979 24\n(2) In deciding whether to approve a course of competency-based\ntraining, the Board must consult with and consider the advice, if\nany, of:\n(a) the Chief Executive Officer of the Agency responsible for the\nadministration of the Training and Skills Development\nAct 2016; and\n(b) an occupational association or body that represents the\ninterests of conveyancing agents.\n(3) The Board:\n(a) must approve a course of competency-based training if the\nBoard is reasonably satisfied that an agent who satisfactorily\ncompletes the course will be competent to provide a service of\na conveyancing agent specified in section 31A to which the\ncourse relates; and\n(b) must not refuse to approve a course of competency-based\ntraining on the ground that a person who satisfactorily\ncompletes the course may not have attained the standard of\nbest practice in the relevant industry in relation to a service of\na conveyancing agent specified in section 31A to which the\ncourse relates.\n(4) The Board must publish any approval made under subsection (1) in\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Duration and renewal","content":"32 Duration and renewal\n(1) A licence takes effect from the date on which it is granted and,\nsubject to this Act, continues in force for the licence period it\nspecifies.\n(2) An application for the renewal of a licence must:\n(a) be lodged with the Registrar; and\n(b) be in the approved form; and\n(c) specify a further licence period of 1 year, 3 years or 5 years;\nand\n(d) be accompanied by the prescribed fee for the licence period\n(e) be made within 3 months before the expiry date of the current\nlicence.\n\nAgents Licensing Act 1979 25\n(3) Subject to this Act, if an application for renewal is lodged in\naccordance with subsection (2):\n(a) the Registrar must renew the licence; and\n(b) the current licence remains in force until the date that the\napplicant is notified of the outcome of the renewal\napplication; and\n(c) the renewed licence is taken to have commenced on the\ndate following the expiry date of the licence it renews.\n(3A) If the Registrar suspects that the holder of a licence who is seeking\nthe renewal of the licence is not a fit and proper person within the\nmeaning of section 20, the Registrar:\n(a) must request the Board in writing to hold an inquiry to consider\nwhether the holder of the licence is not a fit and proper person\nwithin the meaning of section 20; and\n(b) must notify the holder of the licence of the request to the\n(c) must not renew the licence except with the approval of the\n(3B) The Board must hold an inquiry if it receives a request under\nsubsection (3A).\n(3C) After holding an inquiry, the Board must:\n(a) approve the renewal of the licence; or\n(b) refuse to approve the renewal of the licence.\n(3D) If the Board refuses to approve the renewal of the licence, the\nBoard must give the holder of the licence a written statement of the\nreasons for its decision.\n(5) Unless the Board otherwise determines:\n(a) a provisional licence does not continue in force for a period\nlonger than the period fixed under section 23A(b) in relation to\nthe holder of that provisional licence; and\n(b) the Registrar must not renew a provisional licence for a period\nthat extends beyond the date on which that period fixed under\nsection 23A(b) will expire.\n\nAgents Licensing Act 1979 26\n","sortOrder":35},{"sectionNumber":"32B","sectionType":"section","heading":"Licensed agent when not carrying on business","content":"32B Licensed agent when not carrying on business\n(1) Where a licensed agent is not, or will not be, carrying on business\nwithin the Territory, the licensed agent is to give to the Registrar\nnotice, in writing, of the period during which the licensed agent is\nnot or will not be carrying on business.\n(1A) The notice mentioned in subsection (1) must be given to the\nRegistrar no later than 14 days after the licensed agent ceases\ncarrying on business within the Territory.\n(1B) To avoid doubt, if a licensed agent gives notice that the licensed\nagent will not be carrying on business within the Territory, the\nlicensed agent is not required to give an additional notice under this\nsection when the licensed agent ceases carrying on business as a\nlicensed agent within the Territory.\n(2) Where the Registrar is notified under subsection (1) that a licensed\nagent is not or will not be carrying on business as a licensed agent\nwithin the Territory, the Board may suspend the licensed agent's\nlicence until the licensed agent commences or re-commences\ncarrying on business as a licensed agent within the Territory.\n(3) A licensed agent who is not or will not be carrying on business\nwithin the Territory must not fail to give notice under subsection (1).\n","sortOrder":36},{"sectionNumber":"32C","sectionType":"section","heading":"Part does not apply to conveyancing agents","content":"32C Part does not apply to conveyancing agents\nThis Part does not apply to or in relation to a licensed conveyancing\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Agents' representatives to be registered","content":"33 Agents' representatives to be registered\n(1) A person other than a licensed agent shall not act as, or carry out\nany of the functions of, an agent's representative unless he or she\nis a registered agent's representative and he or she acts or carries\nout those functions for and on behalf of a licensed agent.\n\nAgents Licensing Act 1979 27\n(2) A person other than a licensed agent shall not, unless he or she is\na registered agent's representative, hold himself or herself out by\nany means as an agent's representative or as being in the\nemployment of, or as acting for or on behalf of an agent as an\nagent's representative.\n(3) A registered agent's representative shall not hold himself or herself\nout by any means as being in the employment of, or as acting for or\non behalf of an agent, unless that agent is his or her employer,\nprincipal or partner.\nMaximum penalty: 500 penalty units.\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Directors, managers, &c., of licensed agent","content":"34 Directors, managers, &c., of licensed agent\nA person other than a licensed agent:\n(a) shall not, as a member, manager or employee of a firm that is\na licensed agent; or\n(b) shall not, as a director, manager or employee of a company\nthat is a licensed agent,\nact as or carry out any of the functions of an agent's representative\nunless he or she is a registered agent's representative.\nMaximum penalty: 500 penalty units.\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Licensed agents not to employ unregistered representatives","content":"35 Licensed agents not to employ unregistered representatives\nA licensed agent shall not engage as an agent's representative, or\npermit to carry out in the business of the agent any of the functions\nof an agent's representative, any person, other than a licensed\nagent, unless that other person is a registered agent's\nrepresentative.\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Prohibition of employment by 2 agents","content":"36 Prohibition of employment by 2 agents\n(1) A registered agent's representative shall not accept or undertake\nemployment, or be or remain in the service of, or by any means\nhold himself or herself out as being in the service of, or act as, an\nagent's representative for or on behalf of, any person who is an\nagent at any time when he or she is employed by, or in the service\nof, any other person who is an agent.\n\nAgents Licensing Act 1979 28\n(2) A licensed agent shall not employ, or have in his or her service as\nan agent's representative, a person who is, to the knowledge of that\nlicensed agent, at that time employed by, or in the service of, any\nother agent.\n(3) A licensed agent shall not, whether directly or indirectly, give any\ncommission, reward or other valuable consideration to any other\nperson, other than a licensed agent, for acting as, or performing\nany of the functions of, an agent's representative unless the other\nperson is a registered agent's representative in the service of the\nlicensed agent as an agent's representative.\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Application for registration","content":"37 Application for registration\nAn application for the registration of a person as an agent's\nrepresentative shall be:\n(a) in the approved form in which the person specifies a\nregistration period of 1 year, 3 years or 5 years; and\n(ab) accompanied by the prescribed fee for the registration period\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Furnishing of information","content":"38 Furnishing of information\nThe applicant shall furnish to the Board such documents and such\ninformation as the Board requires to enable it to consider the\napplication.\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Qualifications","content":"39 Qualifications\n(1) Where an application is made in accordance with this Part, the\napplicant is entitled to be registered as an agent's representative\nwhere he or she proves to the satisfaction of the Board that:\n(a) he or she has attained the age of 18 years; and\n(b) he or she is a fit and proper person; and\n(c) he or she holds the educational qualifications approved by the\n\nAgents Licensing Act 1979 29\n(d) he or she will be employed by, or in the service of, a licensed\nagent as an agent's representative within the Territory.\n(2) The Board may waive the requirement in subsection (1)(c) if, in the\nopinion of the Board, the applicant:\n(a) holds educational qualifications that the Board considers to be\nequivalent to the educational qualifications approved by the\n(b) by reason of the applicant's experience, is competent to act as\na registered agent's representative.\n(3) The experience referred to in subsection (2)(b) may have been\ngained before or after the commencement of this Act and either\nwithin or outside the Territory.\n(4) The Board must publish any approval made under subsection (1)(c)\nin any manner that makes it publicly available in the Territory as\nsoon as practicable after making the approval.\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Certificate of registration","content":"41 Certificate of registration\n(1) Subject to this Part, on being satisfied that the applicant satisfies\nthe requirements of section 39 and on receiving payment of the\nprescribed fee, the Board shall direct the Registrar:\n(a) to register the applicant as an agent's representative; and\n(b) to issue to the applicant a certificate of registration in the\napproved form.\n(2) Notwithstanding subsection (1), the Board must not register an\napplicant for registration as an agent's representative unless the\nBoard is satisfied that the applicant will, when registered, be\nemployed by, or within the service of, a licensed agent as an\nagent's representative within the Territory.\n","sortOrder":45},{"sectionNumber":"41A","sectionType":"section","heading":"Restricted registration","content":"41A Restricted registration\n(1) Where it appears to the Board that an applicant for registration as\nan agent's representative is not entitled to be registered but the\napplicant, pursuant to section 5A, may be exempted from\ncomplying with the provisions of this Act that disentitle the\napplicant, the Board may, if it thinks it appropriate or expedient,\nexempt the applicant from the relevant provision, and direct the\nRegistrar to issue under section 41, a certificate of restricted\nregistration.\n\nAgents Licensing Act 1979 30\n(2) A certificate of restricted registration under subsection (1) entitles\nthe holder to perform only those functions of an agent's\nrepresentative specified in the certificate, subject to such conditions\nas may be so specified.\n","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Objections","content":"42 Objections\n(1) The Commissioner of Police may object by notice in writing lodged\nwith the Registrar to the grant of an application for registration as\nan agent's representative.\n(2) The Registrar may object by notice in writing to the grant of an\napplication for registration as an agent's representative.\n(3) Any person may object by notice in writing lodged with the Registrar\nto the grant of an application for registration as an agent's\nrepresentative.\n(4) A notice of objection shall include particulars of the ground or\ngrounds of objection.\n(5) Where a notice of objection is lodged with the Registrar in\naccordance with this section, the Registrar shall, as soon as is\nreasonably practicable, serve a copy of that notice on the applicant\nfor registration as an agent's representative.\n(6) Where:\n(a) subject to subsection (7), a notice of objection is lodged in\naccordance with this section; or\n(b) the Board considers that there may be grounds for refusing an\napplication for registration,\nthe Board shall hold an inquiry.\n(7) The Board may, without holding an inquiry, reject an objection\nmade under subsection (3) if, in the opinion of the Board, the\nobjection is of a frivolous, irrelevant or malicious nature.\n(8) Where the Board has held an inquiry pursuant to subsection (6), the\nBoard shall, after that hearing:\n(a) register the applicant as an agent's representative and issue\nto the applicant a certificate of registration in the approved\nform; or\n(b) refuse to register the applicant and direct the Registrar to\nforward notice of refusal together with a statement of reasons\nfor refusal to the applicant.\n\nAgents Licensing Act 1979 31\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Surrender of certificate","content":"43 Surrender of certificate\n(1) Subject to the consent of the Board, a registered agent's\nrepresentative may, at any time, surrender to the Board his or her\ncertificate of registration.\n(2) Upon a surrender in accordance with subsection (1), the\nregistration ceases to have effect.\n","sortOrder":48},{"sectionNumber":"43A","sectionType":"section","heading":"Renewal of registration","content":"43A Renewal of registration\n(1) A registered agent’s representative may apply to the Registrar to\nrenew their registration as an agent’s representative.\n(2) An application for the renewal of a registration must:\n(a) be lodged with the Registrar; and\n(b) be in the approved form; and\n(c) specify a further registration period of 1 year, 3 years or\n5 years; and\n(d) be accompanied by the prescribed fee for the registration\nperiod specified in the application; and\n(e) be made within 3 months before the expiry date of the\ncurrent registration.\n(3) Subject to this Act, if an application for renewal is lodged in\naccordance with subsection (2):\n(a) the Registrar must renew the registration; and\n(b) the current registration remains in force until the date that the\napplicant is notified of the outcome of the renewal\napplication; and\n(c) the renewed registration is taken to have commenced on the\ndate following the expiry date of the registration it renews.\n(4) If the Registrar suspects that the holder of the registration who is\nseeking the renewal of the registration is not a fit and proper person\nwithin the meaning of section 20, the Registrar must:\n(a) request the Board, in writing, to hold an inquiry to consider\nwhether the holder of the registration is not a fit and proper\nperson within the meaning of section 20; and\n(b) notify the holder of the registration of the request to the\n\nAgents Licensing Act 1979 32\n(c) receive approval from the Board before renewing the\nregistration.\n(5) The Board must hold an inquiry if it receives a request under\nsubsection (4).\n(6) After holding an inquiry, the Board must:\n(a) approve the renewal of the registration; or\n(b) refuse to approve the renewal of the registration.\n(7) If the Board refuses to approve the renewal of the registration, the\nBoard must give the holder of the registration a written statement of\nthe reasons for its decision.\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Disciplinary action","content":"44 Disciplinary action\n(1) The Board may take disciplinary action against an agent's\nrepresentative on one or more of the following grounds:\n(a) the registration of the agent's representative was improperly\nobtained;\n(b) the agent's representative has been found guilty of an offence\nagainst this Act;\n(c) the agent's representative has been found guilty of an offence\nagainst any other law that involves dishonesty, whether the\nfinding of guilt took place before or after the commencement\nof this Act or within or outside the Territory;\n(d) the agent's representative has acted in a manner that, had the\nagent's representative been a licensed agent, would have\nbeen in breach of the rules of conduct;\n(e) any other reasonable ground which, in the opinion of the\nBoard, is sufficient to warrant the taking of disciplinary action\nagainst the agent's representative.\n(2) The Commissioner of Police may apply, by notice in writing lodged\nwith the Registrar, for disciplinary action to be taken against an\nagent's representative on one or more of the grounds referred to in\n(3) The Registrar may apply, by notice in writing, for disciplinary action\nto be taken against an agent's representative on one or more of the\ngrounds referred to in subsection (1).\n\nAgents Licensing Act 1979 33\n(4) Any other person may apply, by notice in writing lodged with the\nRegistrar, for disciplinary action to be taken against an agent's\nrepresentative on one or more of the grounds referred to in\n(5) Subject to subsection (6), where:\n(a) an application for disciplinary action is made under this\nsection; or\n(b) the Board considers that there may be grounds under\nsubsection (1) for the taking of disciplinary action against an\nagent's representative,\nthe Board must hold an inquiry.\n(6) The Board may, without holding an inquiry, reject an application\nmade under subsection (4) if:\n(a) in the opinion of the Board, the application is of a frivolous,\nirrelevant or malicious nature; or\n(b) the Board is satisfied that there are no grounds for holding, or\ninsufficient evidence to hold, an inquiry.\n(7) Where an application for disciplinary action is made under this\nsection, the Registrar must, as soon as is reasonably practicable,\nserve a copy of the application on the agent's representative in\nrespect of whom the application was made.\n","sortOrder":50},{"sectionNumber":"44A","sectionType":"section","heading":"Board may suspend registration pending inquiry","content":"44A Board may suspend registration pending inquiry\n(1) Where the Board is to hold an inquiry under section 44(5), it may\nsuspend the registration of the agent's representative to whom the\ninquiry relates until the conclusion of the inquiry.\n(2) Where the Board suspends the registration of an agent's\nrepresentative under subsection (1), the Registrar must, by written\nnotice, inform the agent's representative of the suspension.\n","sortOrder":51},{"sectionNumber":"44B","sectionType":"section","heading":"Powers of Board after inquiry","content":"44B Powers of Board after inquiry\n(1) If, at the conclusion of an inquiry under section 44(5), the Board is\nsatisfied that it is authorised to take disciplinary action against an\nagent's representative, the Board may:\n(a) reprimand or caution the agent's representative; or\n(b) by written notice, impose a fine not exceeding 5 penalty units\non the agent's representative; or\n\nAgents Licensing Act 1979 34\n(c) by written notice, suspend the registration of the agent's\nrepresentative until the expiration of the period, or the\nfulfilment of a condition, specified in the notice; or\n(d) by written notice, cancel the registration of the agent's\nrepresentative and, if the Board thinks fit, specify a period that\nis to expire or impose a condition that is to be fulfilled before\nthe person is eligible to apply for registration as an agent's\nrepresentative again.\n(2) A suspension or cancellation of registration under subsection (1)\ntakes effect on:\n(a) if the Board specifies in the notice the date on which the\nsuspension or cancellation takes effect – that date; or\n(b) in any other case – the date on which the agent's\nrepresentative receives the notice of suspension or\ncancellation.\n(3) The Registrar must note in the register, in association with other\nentries made in respect of the agent's representative the subject of\nan inquiry under section 44(5), the fact of the holding of the inquiry\nand the outcome of the inquiry.\n(4) If, under subsection (1)(c) or (d), the Board:\n(a) specifies a period; or\n(b) imposes a condition,\nin relation to the suspension or cancellation of the registration of an\nagent's representative, the agent's representative may not be\nengaged as an agent's representative, or the person is not eligible\nto apply for registration as an agent's representative, until the\nperiod has expired or the condition has been fulfilled to the\nsatisfaction of the Board, as the case may be.\n(5) If the Board cancels the registration of an agent's representative\nunder subsection (1)(d) without specifying a period or imposing a\ncondition, the person whose former registration as an agent's\nrepresentative has been cancelled is not eligible to apply for\nregistration as an agent's representative without the approval of the\n(6) The Board must give a written statement of the reasons for its\ndecision on the inquiry to:\n(a) the agent's representative; and\n\nAgents Licensing Act 1979 35\n(b) if the inquiry was held by the Board because of an application\nmade under section 44(2), (3) or (4) – the person who made\nthe application.\n","sortOrder":52},{"sectionNumber":"44C","sectionType":"section","heading":"Cancellation if become licensed as agent","content":"44C Cancellation if become licensed as agent\nWhere the Registrar issues a licence under section 31 to a person\nwho is an agent's representative, the person's registration as an\nagent's representative is, on the issue of the licence, cancelled by\nforce of this section.\n","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Employer to be notified of suspension or cancellation of","content":"45 Employer to be notified of suspension or cancellation of\nagent's registration\nWhere the Board cancels, under section 44, the registration of an\nagent's representative, the Registrar shall accordingly in writing\ninform the licensed agent who employs that agent's representative.\n","sortOrder":54},{"sectionNumber":"46","sectionType":"section","heading":"Unemployed representative","content":"46 Unemployed representative\nWhile a registered agent's representative is not in the employ of a\nlicensed agent, his or her registration shall be deemed to be\nsuspended and to have no effect.\n","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"Notice of employment","content":"47 Notice of employment\nNot later than 14 days after the commencement of or termination of\nthe employment of a registered agent's representative by a licensed\nagent, the agent's representative and the agent shall each give the\nRegistrar notice in writing of that commencement or termination.\n","sortOrder":56},{"sectionNumber":"48","sectionType":"section","heading":"Registrar may direct surrender","content":"48 Registrar may direct surrender\n(1) Where the Registrar is notified under section 47 of the termination\nof the employment of an agent's representative, the Registrar may\ndirect the agent's representative to surrender to the Board the\nagent's representative's certificate of registration.\n\nAgents Licensing Act 1979 36\n(2) An agent's representative shall not fail to comply with a direction\nunder subsection (1) within 14 days after the date on which the\ndirection is given.\nPart V Trust moneys, trust accounts and agents'\nrecords\n","sortOrder":57},{"sectionNumber":"49","sectionType":"section","heading":"Trust moneys","content":"49 Trust moneys\nAll moneys received by a licensed agent in the agent's capacity as\nan agent and in the course of the business that the agent is\nlicensed to carry on and all moneys received by a licensed agent as\na stakeholder shall, for all purposes, be held in trust by the agent.\n","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Opening of account","content":"50 Opening of account\n(1) A licensed agent must, within 7 days after the licence is granted to\nthe agent, open an account at an ADI in the Territory under a title\nthat includes:\n(a) the name of the agent or, if the agent carries on the business\nunder a business name registered under the Business Names\nRegistration Act 2011 (Cth), the name under which the agent\ncarries on the business; and\n(b) the words \"Trust Account\"; and\n(c) if it is an account that holds only security deposits, as defined\nin section 63 of the Business Tenancies (Fair Dealings)\nAct 2003 or section 4 of the Residential Tenancies Act 1999,\nand interest on such deposits – the additional words \"Security\nDeposits\".\n(2) A licensed agent must maintain an account opened in accordance\nwith subsection (1).\n(3) Subsections (1) and (2) do not prevent a licensed agent from\nopening and maintaining 2 or more trust accounts at an ADI or ADIs\nunder titles that include the matters mentioned in subsection (1)(a)\nand (b).\n\nAgents Licensing Act 1979 37\n(5) If an ADI holds an account of a class for this section it must, on a\nday or the days agreed with the Fund, pay to the Fund any interest\naccrued in respect of the account.\n(6) Subsections (5) and (7) do not apply to or in relation to an account\nindicated in accordance with subsection (1)(c) as a security deposit\naccount.\n(7) In this section:\naccount means an account of a particular class or classes (being\nan account that carries interest at a rate considered satisfactory by\nthe Fund) that has been agreed between the Fund and an ADI to\nbe a class of account approved for this section.\n","sortOrder":59},{"sectionNumber":"51","sectionType":"section","heading":"Notification of account","content":"51 Notification of account\nA licensed agent must, within 7 days after the agent opens an\naccount under section 50, notify the Registrar in writing of:\n(a) the name and address of the ADI at which the trust account is\nmaintained; and\n(b) the title of the account.\n","sortOrder":60},{"sectionNumber":"52","sectionType":"section","heading":"Operation of trust account","content":"52 Operation of trust account\n(1) When a licensed agent receives trust moneys, he or she shall pay\nthose moneys into a trust account maintained by him or her.\n(2) A payment under subsection (1) shall be made as soon as is\nreasonably practicable after the licensed agent receives the trust\nmoneys.\n(3) A licensed agent shall not pay money out of a trust account\nmaintained by him or her except by means of a cheque made\npayable to a specified person, being a cheque that is crossed and\nmarked \"not negotiable\".\n(4) A licensed agent shall not withdraw money from a trust account\nmaintained by him or her except for the purpose of:\n(a) payment of his or her commission under contract; or\n(b) payment to, or disbursement according to the directions in\nwriting of, the person for whom, or on whose behalf, the\nmoney was received; or\n\nAgents Licensing Act 1979 38\n(c) repaying a debt lawfully required to be repaid from trust\nmoneys.\n","sortOrder":61},{"sectionNumber":"53","sectionType":"section","heading":"Protection of trust moneys","content":"53 Protection of trust moneys\n(1) Subject to subsection (2), moneys standing to the credit of a trust\naccount maintained by a licensed agent are not:\n(a) available for the payment of debts of the licensed agent; or\n(b) liable to be attached or taken in execution for the purpose of\nsatisfying a judgment against the agent.\n(2) Nothing in subsection (1) prevents trust moneys held in trust for the\nperson for whom, or on whose behalf, the moneys were received\nfrom being available for the discharge of the liability of the licensed\nagent to that person.\n","sortOrder":62},{"sectionNumber":"54","sectionType":"section","heading":"Provisions relating to ADI accounts","content":"54 Provisions relating to ADI accounts\n(1) If a trust account is maintained at an ADI, the ADI is not under an\nobligation to control or supervise transactions in relation to the trust\naccount or to verify the application by the agent of moneys drawn\nout of the account.\n(2) Subsection (1) does not authorise an ADI to pay money out of a\ntrust account except by the means mentioned in section 52(3).\n(3) With respect to any liability of the agent to the ADI at which the\nagent maintains a trust account, the ADI does not have and will not\nhave and will not obtain, a recourse or right, whether by way of\nsettlement, counter-claim, charge or otherwise, against moneys\nstanding to the credit of the trust account.\n(4) This section does not relieve an ADI from a liability or obligation to\nwhich it is subject apart from this Act.\n","sortOrder":63},{"sectionNumber":"55","sectionType":"section","heading":"Accounting records","content":"55 Accounting records\n(1) A licensed agent shall keep such accounting records as disclose\nparticulars of:\n(a) all trust moneys received from day to day by the agent on\nbehalf of each client for whom he or she acts; and\n(b) all payments made by the agent from day to day out of the\ntrust moneys so received.\n\nAgents Licensing Act 1979 39\n(2) A licensed agent shall:\n(a) keep the accounting records referred to in subsection (1):\n(i) in written or printed form in the English language; or\n(ii) so as to enable them to be readily accessible and readily\nconvertible into written or printed form in the English\nlanguage; and\n(b) cause those records to be kept in such a manner that they can\nbe conveniently and properly audited; and\n(c) retain those records for a period of not less than 6 years after\nthe date on which the last entry in those records was made.\n12 months.\n","sortOrder":64},{"sectionNumber":"56","sectionType":"section","heading":"Receipt for trust moneys","content":"56 Receipt for trust moneys\n(1) A licensed agent shall give to a person from whom the agent\nreceives trust moneys a receipt clearly marked with the words\n\"Trust Account\" and adequately specifying the subject-matter or\npurpose in respect of which the money was received.\n(2) A licensed agent shall keep a legible carbon duplicate of a receipt\ngiven in accordance with subsection (1).\n(3) A receipt relating to trust moneys shall be taken from a book that\nbears a number or mark identifying the book and contains not less\nthan 50 receipt forms so arranged that a carbon duplicate of each\nreceipt remains in the book.\n(4) A receipt and the carbon duplicate shall bear the same number or\nmark, being such number or mark as enables the receipt to be\nidentified by reference to that number or mark.\n(5) Subsections (2), (3) and (4) do not apply in relation to a licensed\nagent who, in accordance with an authority given by the Board for\nthe purpose of this subsection, issues receipts in a manner\nspecified in the authority.\n\nAgents Licensing Act 1979 40\n","sortOrder":65},{"sectionNumber":"57","sectionType":"section","heading":"Business moneys other than trust moneys","content":"57 Business moneys other than trust moneys\n(1) Subject to subsection (2), a licensed agent shall keep such\naccounting records as disclose particulars of:\n(a) all moneys, other than trust moneys, received by the agent in\nthe course of the agent's business as a licensed agent; and\n(b) all payments out of those moneys made by the agent.\n(2) Subsection (1) does not apply to a licensed agent that:\n(a) is a company carrying on business as an agent within and\noutside the Territory; and\n(b) keeps accounting records, which include accounting records\nof a description referred to in subsection (1), in accordance\nwith the requirements of the law of a State or another Territory\nof the Commonwealth that most closely corresponds to this\nAct and that relates to the keeping and audit of accounting\nrecords of companies.\n","sortOrder":66},{"sectionNumber":"58","sectionType":"section","heading":"Prescribed period","content":"58 Prescribed period\nIn this Division, prescribed period means:\n(a) the period of 12 months ending on 30 June in each year; or\n(b) the period of 12 months ending on such other date as the\nlicensed agent specifies, by notice in writing lodged with the\nRegistrar, to be the date in each year for the purpose of this\nPart.\n","sortOrder":67},{"sectionNumber":"59","sectionType":"section","heading":"Audit","content":"59 Audit\n(1) A licensed agent shall ensure that the agent's accounting records\nrelating to trust moneys received and paid by the agent during the\nprescribed period are audited within 3 months after the expiration of\neach prescribed period.\n\nAgents Licensing Act 1979 41\n(1A) It is a defence to a prosecution for an offence against\nsubsection (1) if the licensed agent charged with the offence proves\nthat:\n(a) the licensed agent engaged an auditor to carry out the audit at\na time when the auditor would reasonably be expected to\ncomplete the audit within the period specified in that\nsubsection, but the auditor had failed to do so; and\n(b) a written statement was forwarded to the Registrar by the\nauditor or the licensed agent before the expiration of the\nperiod specified in that subsection setting out the reasons for\nthe auditor's failure to complete the audit and specifying the\nperiod within which the audit will be completed.\n(2) A licensed agent shall produce to the auditor at an audit the\nauditor's report in respect of the last preceding audit.\nMaximum penalty: 20 penalty units or imprisonment for\n3 months.\n","sortOrder":68},{"sectionNumber":"60","sectionType":"section","heading":"Qualifications of auditor","content":"60 Qualifications of auditor\n(1) A licensed agent shall not engage as the agent's auditor, or permit\nthe audit of the agent's accounting records relating to trust moneys\nto be made by, a person who:\n(a) is not a registered company auditor; or\n(b) is an employee of, or is a partner of, or is a relation of, the\nlicensed agent; or\n(c) is an employee of any other licensed agent; or\n(d) is engaged in keeping and entering those records or has those\nrecords in the agent's custody or control; or\n(e) is himself or herself a licensed agent; or\n(f) is a director, officer or employee of a company that is a\nlicensed agent; or\n(g) is a person by whom a firm is constituted that is a licensed\nagent; or\n\nAgents Licensing Act 1979 42\n(h) is an employee of, or is a partner of, or is a relation of, a\nbusiness manager of a company or firm that is a licensed\n(2) For the purposes of this section, relation means:\n(a) the parent, grandparent, brother, sister, uncle, aunt, nephew,\nniece, lineal descendant or adopted child of that person or of a\nspouse or de facto partner of the person; or\n(b) a spouse or de facto partner of that person or of any other\nperson specified in paragraph (a).\n","sortOrder":69},{"sectionNumber":"61","sectionType":"section","heading":"Furnishing of documents, information, &c.","content":"61 Furnishing of documents, information, &c.\nWhere an auditor requires a licensed agent for the purpose of an\naudit of the agent's accounting records relating to trust moneys, the\nlicensed agent shall:\n(a) produce to the auditor all receipt and other books, accounts,\nsecurities and other documents and papers in the agent's\npossession relating in any way to trust moneys received or\npaid by the agent or relating to the transactions in respect of\nwhich such moneys were received or paid during the\nprescribed period to which the audit relates; and\n(b) furnish to the auditor such information and answer such\nquestions relating to those receipt and other books, accounts,\nsecurities and other documents and papers and in relation to\ntransactions by the agent in the course of the agent's business\nas a licensed agent, as the auditor requires.\n50 penalty units or imprisonment for\n250 penalty units.\n","sortOrder":70},{"sectionNumber":"62","sectionType":"section","heading":"Auditor's report","content":"62 Auditor's report\n(1) As soon as is reasonably practicable after the completion of an\naudit pursuant to section 59, the auditor shall:\n(a) prepare a report of the result of the audit; and\n\nAgents Licensing Act 1979 43\n(b) deliver the report to the licensed agent and a copy of the\nreport to the Board.\n(2) An auditor shall state in his or her report:\n(a) whether, in the auditor's opinion, the licensed agent had kept\nthe accounting records relating to all trust moneys received\nand paid by the agent in accordance with this Act; and\n(b) whether those records were ready, within a reasonable time,\nfor the auditor's examination after the auditor had required\ntheir production; and\n(c) whether the agent had complied with the auditor's other\nrequirements and so complied within a reasonable time; and\n(d) anything in relation to those records of which the agent or the\nBoard should, in the opinion of the auditor, be informed.\n","sortOrder":71},{"sectionNumber":"63","sectionType":"section","heading":"Special report","content":"63 Special report\nWhere, in the course of an audit, an auditor considers:\n(a) that the accounting records relating to trust moneys have been\nso kept that he or she has not been able to audit them\nproperly; or\n(b) that there is a loss or deficiency of trust moneys or a failure to\npay or account for trust moneys; or\n(c) that there has been a failure to comply with a provision of this\nPart,\nthe auditor shall forthwith report accordingly, in writing, to the agent\nand, at the same time, forward a copy of the report to the Board.\n\nAgents Licensing Act 1979 44\n","sortOrder":72},{"sectionNumber":"64","sectionType":"section","heading":"Inspectors","content":"64 Inspectors\n(1) An inspector may, at any reasonable time, do any of the following:\n(a) inspect all receipts, books, accounts, securities and any other\ndocuments and papers relating to the operation of the\nbusiness of the licensed agent, including trust moneys\nreceived or paid by the licensed agent;\n(aa) inspect all documents or certificates relating to indemnity\ninsurance referred to in Part XIIA of a licensed agent or former\nlicensed agent;\n(b) inspect all accounting records of a description referred to in\nsection 57 kept by a licensed agent;\n(c) for the purposes of paragraph (a), (aa) or (b), require a\nlicensed agent or any other person in whose custody or\ncontrol those receipts or other books, accounts, securities,\ndocuments, papers or accounting records, or those\ndocuments or certificates relating to indemnity insurance\nreferred to in Part XIIA, are, to produce and to hand over to\nthe inspector those receipts or other books, accounts,\nsecurities, documents, papers or accounting records or those\ndocuments or certificates relating to indemnity insurance\nreferred to in Part XIIA;\n(d) require an explanation of a document or paper referred to in\nparagraph (c).\n(2) A person to whom a requirement under subsection (1) is made,\nshall not refuse or fail to comply with that requirement.\n(3) An inspector may make notes, copies of extracts from or copies of,\nany books, accounts, securities, documents, papers or accounting\nrecords or a document or certificate relating to indemnity insurance\nreferred to in subsection (1).\n\nAgents Licensing Act 1979 45\n(4) For the purposes of subsection (3), an inspector may retain, for the\nperiod that the inspector considers necessary, any book, account,\nsecurity, document, paper or accounting record or a document or\ncertificate relating to indemnity insurance referred to in\n","sortOrder":73},{"sectionNumber":"64A","sectionType":"section","heading":"Rules of conduct for agents","content":"64A Rules of conduct for agents\n(1) Regulations may prescribe rules of conduct for real estate agents,\nbusiness agents and conveyancing agents.\n(2) For the purpose of consultation on proposed rules of conduct for\nagents, the Minister may:\n(a) arrange for consultation with, and invite submissions from, the\nBoard, the Real Estate Institute of the Northern Territory and\nthe prescribed persons and organisations, if any, about the\nproposed rules; and\n(b) give notice in a newspaper circulating in the Territory that\nrules of conduct for real estate agents, business agents or\nconveyancing agents, as the case may be, are proposed and\nthat members of the public are invited to make written\nsubmissions to the Minister about the proposed rules.\n","sortOrder":74},{"sectionNumber":"65","sectionType":"section","heading":"Rules of conduct","content":"65 Rules of conduct\n(1) A licensed agent must not breach the rules of conduct.\n(2) A licensed agent who attempts to do an act the doing of which\nwould be a breach of the rules of conduct for agents, or agents of a\nclass of which he is one, is guilty of a breach of the rules of conduct\nfor agents.\n(3) Where a licensed agent who carries on business as a member of a\nfirm contravenes or fails to comply with a provision of Part V, each\nlicensed agent who is a member of the firm shall be deemed to be\nguilty of the contravention of, or failure to comply with, that\nprovision.\n(4) A company or firm is guilty of a breach of the rules of conduct for\nagents if:\n(a) the company or firm is a licensed agent acting on behalf of a\nclient; and\n(b) a director or employee of the company or firm does an act, or\nfails to do an act, or attempts to do an act, the doing of, or the\n\nPart VIA Agreements between licensed agents and clients\nAgents Licensing Act 1979 46\nfailure to do, which would, if the director or employee were a\nlicensed agent, make the director or employee guilty of a\nbreach of the rules of conduct for agents.\nPart VIA Agreements between licensed agents and\nclients\n","sortOrder":75},{"sectionNumber":"65A","sectionType":"section","heading":"Prescription of terms, &c., of agreement","content":"65A Prescription of terms, &c., of agreement\n(1) Subject to section 65B, the Minister must, by notice in the Gazette,\nprescribe:\n(a) the terms, conditions and provisions of an agreement between\na licensed agent and a client or a class of client that the\nMinister considers necessary to be included in the agreement\nfor the purpose of protecting the interests of the client or class\nof client; and\n(b) the circumstances when a licensed agent must enter into an\nagreement with a client or a class of client.\n(2) In addition to prescribing the matters under subsection (1), the\nMinister may, by notice in the Gazette, prescribe the form of an\nagreement which a licensed agent may choose to use when\nentering into an agreement with a client or a class of client.\n","sortOrder":76},{"sectionNumber":"65B","sectionType":"section","heading":"Consultation regarding agreements","content":"65B Consultation regarding agreements\n(1) For the purpose of prescribing the matters under section 65A(1),\nthe Minister must direct the Registrar to:\n(a) arrange for consultation with, and invite submissions from, the\nBoard and the prescribed persons and organisations, if any;\nand\n(b) give notice in a newspaper circulating in the Territory inviting\nwritten submissions from members of the public,\nwith respect to those matters.\n(2) The Registrar:\n(a) must report in writing to the Minister on the outcome of each\nconsultation under subsection (1); and\n(b) must provide the Minister with a copy of each submission\nreceived under that subsection, if any; and\n\nPart VIA Agreements between licensed agents and clients\nAgents Licensing Act 1979 47\n(c) may make recommendations to the Minister in respect of the\nconsultations, submissions and the matters to be prescribed\nunder section 65A(1).\n(3) In prescribing the matters referred to in section 65A(1) the Minister\nis to consider and take into account:\n(a) the outcome of each consultation under subsection (1); and\n(b) the submissions received under that subsection, if any; and\n(c) the recommendations made by the Registrar, if any; and\n(d) any other matter he or she thinks relevant.\n","sortOrder":77},{"sectionNumber":"65C","sectionType":"section","heading":"Form of agreement","content":"65C Form of agreement\nAn agreement between a licensed agent and a client that is entered\ninto after the commencement of the Agents Licensing Amendment\nAct 1997 is to be:\n(a) in writing; and\n(b) if the agreement is entered into in prescribed circumstances –\nread as incorporating and being subject to the terms,\nconditions and provisions prescribed under section 65A(1).\n","sortOrder":78},{"sectionNumber":"65D","sectionType":"section","heading":"Application of prescribed terms, &c.","content":"65D Application of prescribed terms, &c.\nIn the event of an inconsistency between a term, condition or\nprovision of an agreement referred to in section 65C(b) and a term,\ncondition or provision prescribed under section 65A(1), the\nprescribed term, condition or provision prevails, and the first-\nmentioned term, condition or provision is void and of no effect to the\nextent of the inconsistency.\n","sortOrder":79},{"sectionNumber":"65E","sectionType":"section","heading":"Special provisions relating to conveyancing agents","content":"65E Special provisions relating to conveyancing agents\n(1) A conveyancing agent is not entitled to receive remuneration in\nrespect of services provided in that capacity unless a valid\nappointment to act in that capacity has been signed, before the\nservices are provided, by:\n(a) the party to the transaction for whom the services are to be\nprovided; or\n(b) some other person:\n(i) who is lawfully authorised to sign on behalf of the person\nfor whom the services are to be provided; and\n\nAgents Licensing Act 1979 48\n(ii) who is not a real estate agent or other commission agent\nor an employee or agent of a real estate agent or other\ncommission agent who is acting for a party in the\ntransaction.\n(2) A person may recover remuneration for services provided as a\nconveyancing agent although there is no valid appointment as\nrequired by subsection (1) if:\n(a) the party to the transaction for whom the services were\nprovided has certified that the party was aware of the\nprovisions of subsection (1) and has ratified in writing the\nappointment of the conveyancing agent; or\n(b) a court before which the claim for remuneration is heard is\nsatisfied that in all the circumstances it would be unjust to\ndeprive the agent of all or a part of the remuneration.\n(3) If an appointment of a conveyancing agent is terminated before the\ntransaction is completed, the agent is entitled to recover the\nproportion of the quoted remuneration that is reasonable in the\ncircumstances.\n(4) A person for whom a conveyancing agent is acting may request the\nagent to supply to him or her a bona fide quote of the cost of the\nservices of the agent in respect of the particular transaction to\nwhich the request relates.\n(5) A conveyancing agent must, within 14 days after a request is made\nunder subsection (4) by a person, supply to the person the\ninformation requested under that section.\n(6) A conveyancing agent is not entitled to claim a possessory or other\nlien over documents for the agent's fees or otherwise.\n","sortOrder":80},{"sectionNumber":"66","sectionType":"section","heading":"Surrender","content":"66 Surrender\n(1) A licensed agent may, by notice in writing delivered to the\nRegistrar, apply to the Board for permission to surrender the licence\nof the agent commencing on a date that is a date not earlier than\none month after the date on which the notice is delivered to the\nRegistrar.\n\nAgents Licensing Act 1979 49\n(2) The Board is not required to grant permission to a licensed agent to\nsurrender the licence of the agent where:\n(a) the Board has, before the date of delivery by a licensed agent\nof a notice under subsection (1), resolved or resolves, within\nthe period of one month referred to in that subsection, to hold\nan inquiry under section 68(1); or\n(b) the Registrar has, before the date of delivery by a licensed\nagent of a notice under subsection (1), delivered or delivers,\nwithin the period of one month referred to in that subsection, a\nstatement under section 68(2).\n(3) Where the Board holds an inquiry pursuant to section 68 and does\nnot revoke the licence of a licensed agent, the Board may, after that\ninquiry, grant permission to the licensed agent to surrender the\nagent's licence.\n","sortOrder":81},{"sectionNumber":"67","sectionType":"section","heading":"Grounds for disciplinary action","content":"67 Grounds for disciplinary action\n(1) Subject to this Part, the Board may take disciplinary action in\naccordance with this Part against a licensed agent on one or more\nof the following grounds:\n(a) the licence was obtained by means of misrepresentation, a\nfalse or misleading statement;\n(b) in the case of a licensed agent not being a company or firm,\nthe agent has been found guilty of an offence that involves\ndishonesty, whether the finding of guilt took place before or\nafter the commencement of this Act and either within or\noutside the Territory;\n(c) the licensed agent has been guilty of a breach of the rules of\nconduct for agents;\n(d) the licensed agent has contravened or failed to comply with a\ndirection of the Board under section 69(3);\n(e) a licence under a law of a State or Territory providing for the\nlicensing of real estate agents or of business agents or of\nconveyancing agents (by whatever name called) granted to\nthe licensed agent has, under that law, been cancelled or\nrevoked or a renewal of such licence has been refused;\n(f) subject to section 111, in the case of a licensed agent being a\ncompany or firm, the company or firm has carried on business\nas a licensed agent for a period during which a business\nmanager of the company or firm was not a licensed real estate\nagent, business agent or conveyancing agent as the case\n\nAgents Licensing Act 1979 50\nrequires;\n(g) the licensed agent has contravened or failed to comply with a\nprovision of Part XII with respect to licensed agents;\n(h) the licensed agent has not paid within the prescribed time the\nprescribed annual fee payable by the agent;\n(j) the licensed agent has ceased to carry on business in the\nTerritory as a licensed agent or has failed to maintain an office\nin Australia;\n(ja) the licensed agent has failed to take out or to maintain\nindemnity insurance referred to in Part XIIA as required by or\nunder this Act;\n(k) the licensed agent does not meet the conditions of eligibility,\nspecified in Division 2 of Part III, which relate to the licence of\nthe licensed agent, other than such conditions which the\nBoard has, under this Act, waived;\n(m) any other reasonable ground which, in the opinion of the\nBoard, is sufficient to warrant revocation of the licence of the\n(2) For the purposes of this Part, the revocation by the Board of a\nlicence is deemed to include a direction by the Board to the\nRegistrar not to renew a licence.\n","sortOrder":82},{"sectionNumber":"68","sectionType":"section","heading":"Applications for disciplinary action","content":"68 Applications for disciplinary action\n(1) The Commissioner of Police may apply, by notice in writing lodged\nwith the Registrar, for disciplinary action to be taken against a\nlicensed agent on one or more of the grounds referred to in\nsection 67.\n(2) The Registrar may apply, by notice in writing, for disciplinary action\nto be taken against a licensed agent on one or more of the grounds\nreferred to in section 67.\n(3) Any person may apply, by notice in writing lodged with the\nRegistrar, for disciplinary action to be taken against a licensed\nagent on one or more of the grounds referred to in section 67.\n(4) Where:\n(a) subject to subsection (5), an application for disciplinary action\nto be taken against a licensed agent is lodged in accordance\nwith this section; or\n\nAgents Licensing Act 1979 51\n(b) the Board considers that there may be grounds under\nsection 67 for disciplinary action to be taken against a licensed\nagent,\nthe Board shall hold an inquiry.\n(5) The Board may, without holding an inquiry, reject an application for\ndisciplinary action to be taken against a licensed agent where:\n(a) the application was made under subsection (3) and is, in the\nopinion of the Board, of a frivolous, irrelevant or malicious\nnature; or\n(b) the application was made (by virtue of section 67(1)(c)) in\nrespect of a breach of section 59(1) and the Board is satisfied\nthat the licensed agent has, or would have, a defence to a\nprosecution for an offence against that subsection; or\n(c) the Board is satisfied that there are no grounds for holding, or\nthere is insufficient evidence to hold, an inquiry; or\n(d) the conduct referred to in the application occurred more than\n2 years before the date the application is made.\n(5A) Despite subsection (5)(d), the Board may hold the inquiry if the\nBoard is satisfied there are grounds to hold the inquiry.\n(6) Where a notice of application for disciplinary action to be taken\nagainst a licensed agent is lodged with the Registrar in accordance\nwith this section, the Registrar shall, as soon as is reasonably\npracticable, serve a copy of that notice on the licensed agent in\nrespect of whom the application is made.\n","sortOrder":83},{"sectionNumber":"68A","sectionType":"section","heading":"Board may suspend licence pending inquiry","content":"68A Board may suspend licence pending inquiry\n(1) Subject to this section, where the Board is to hold an inquiry\nreferred to in section 68(4), it may, as it thinks fit, suspend the\nlicence of the licensed agent to which the inquiry relates until the\nconclusion of that inquiry.\n(2) Where, under subsection (1), the Board suspends the licence of a\nlicensed agent, the Registrar shall accordingly, by notice, inform the\nlicensed agent and where the agent is:\n(a) an employee or director of a company which is a licensed\nagent – the company; or\n(b) an employee of a firm which is a licensed agent or a person by\nwhom such a firm is constituted – the firm.\n\nAgents Licensing Act 1979 52\n(3) A suspension under subsection (1) does not take effect until the\nday immediately after the date on which the notice, under\nsubsection (2), is given to the licensed agents.\n","sortOrder":84},{"sectionNumber":"69","sectionType":"section","heading":"Powers of Board after inquiry","content":"69 Powers of Board after inquiry\n(1) If, at the conclusion of an inquiry conducted under section 68(4),\nthe Board is satisfied that it is authorised to take disciplinary action\nagainst a licensed agent, the Board may do one or more of the\nfollowing:\n(a) reprimand or caution the agent;\n(b) by written notice, impose a fine not exceeding 50 penalty units\non the agent;\n(c) by written notice, suspend the licence of the agent until the\nexpiration of the period, or the fulfilment of a condition,\nspecified in the notice;\n(d) by written notice, revoke the licence of the agent.\n(1A) The Board must, for the purposes of taking action of a kind\nspecified in subsection (1)(a), (b), (c) or (d), take into account a\nperiod of suspension, if any, imposed under section 68A(1) on the\nlicensed agent in respect of whom it proposes to take that action.\n(2) If the Board decides to take action of a kind specified in\nsubsection (1)(a), (b), (c) or (d), the Registrar must accordingly in\nwriting inform:\n(a) in the case of a licensed agent or former licensed agent, as\nthe case may be, who is an employee of, or a director of, a\ncompany which is a licensed agent – that company; or\n(b) in the case of a licensed agent or former licensed agent, as\nthe case may be, who is an employee of a firm which is a\nlicensed agent or a person by whom such a firm is\nconstituted – that firm,\nas the case requires.\n(3) If the Board decides to take action of a kind specified in\nsubsection (1)(a), (b) or (c), the Board may, by written notice, direct\nthe licensed agent to take, or to refrain from taking, a specified\naction within such time as the Board specifies in the notice.\n(4) The Board may, if it thinks fit, either before or after the expiration of\na period fixed under subsection (1)(c) or (3), extend that period.\n\nAgents Licensing Act 1979 53\n(5) If the Board revokes a licence under subsection (1)(d), the Board\nmay, in the notice referred to in that subsection, specify a period\nthat must elapse or impose a condition that must be fulfilled before\nthe person formerly licensed may apply again for a licence.\n(6) If a period is specified or a condition imposed under subsection (5),\nthe person formerly licensed is not eligible to apply for a licence\nuntil the expiration of that period or the fulfilment of that condition to\nthe satisfaction of the Board, as the case may be.\n(7) If the Board revokes a licence under subsection (1)(d) and does not\nspecify a period that must elapse or impose a condition that must\nbe fulfilled under subsection (5), the person formerly licensed is not,\nwithout the approval of the Board, eligible to apply for a licence.\n(8) The Board must give a written statement of the reasons for its\ndecision on the inquiry to:\n(a) the licensed agent; and\n(b) if the inquiry was held by the Board because of an application\nmade under section 68(1), (2) or (3) – the person who made\nthe application.\n","sortOrder":85},{"sectionNumber":"69A","sectionType":"section","heading":"Profits to be repaid","content":"69A Profits to be repaid\n(1) Where the Board has, at the conclusion of an inquiry, taken action\nunder section 69(1), and is satisfied that the licensed agent or\nperson mentioned in section 65(4)(b) has by means of his or her\nbreach of the rules of conduct made a profit which the agent or\nperson would not, but for his or her breach of those rules, have\nmade, the Board may require the agent or person to pay over to the\nperson at whose expense, or in relation to whose affairs, the profit\nhas been made, the amount of that profit or such amount of money\nas, in the opinion of the Board, is equivalent to that profit.\n(2) An amount ordered by the Board to be paid to a person under\nsubsection (1) may be sued for and recovered at the suit of the\n","sortOrder":86},{"sectionNumber":"70","sectionType":"section","heading":"Effect of suspension or revocation","content":"70 Effect of suspension or revocation\n(1) A licence that is suspended under section 69(1)(c) or revoked\nunder section 69(1)(d) ceases to have effect on and from:\n(a) the day on which the licence is suspended or revoked, as the\ncase may be; or\n(b) such other date as the Board may specify in the notice\nreferred to in section 69(1)(c) or (d), as the case may be.\n\nAgents Licensing Act 1979 54\n(2) A licence that is suspended under section 69(1)(c) shall, unless the\nBoard otherwise determines, have no effect until the expiration of\nthe period specified in the notice referred to in that subsection.\n(3) Where a licence is suspended under section 69(1)(c) or revoked\nunder section 69(1)(d), the Registrar shall note in the register:\n(a) the fact of suspension and the period specified in the notice\nreferred to in section 69(1)(c); or\n(b) the fact of revocation and the period, if any, specified in the\nnotice referred to in section 69(1)(d) that is to elapse or any\ncondition that is to be fulfilled, before the person formerly\nlicensed may apply for a licence,\nas the case requires.\n","sortOrder":87},{"sectionNumber":"71","sectionType":"section","heading":"Appointment","content":"71 Appointment\n(1) The Board may apply to the Supreme Court to appoint a registered\ncompany auditor to be receiver of the trust moneys of a licensed\nagent in the following circumstances:\n(a) where the Board is required to hold an inquiry under\nsection 68(4);\n(b) where an agent has, through physical or mental illness,\nbecome incapable of carrying on business as an agent;\n(c) on the death of an agent;\n(d) or any other ground that the Board thinks fit, and the Supreme\nCourt may appoint the registered company auditor\naccordingly.\n(2) The Board may apply to the Supreme Court for the appointment of\na registered company auditor as the receiver of moneys received\nby a person who, although not licensed under this Act, appears to\nthe Board to be carrying on business as a real estate agent,\nbusiness agent or conveyancing agent, and the Supreme Court\nmay, if satisfied that the person is holding moneys in that capacity,\nappoint the registered company auditor accordingly.\n\nAgents Licensing Act 1979 55\n","sortOrder":88},{"sectionNumber":"72","sectionType":"section","heading":"Responsibility","content":"72 Responsibility\n(1) A receiver appointed under this Part:\n(a) is responsible to the Supreme Court for his or her acts and for\nthe performance of transactions entered into by the receiver;\nand\n(b) shall report to the Board as often as required by the Supreme\nCourt.\n(2) The Supreme Court may replace a receiver appointed under this\nPart with another registered company auditor to be receiver of the\ntrust moneys of the agent.\n","sortOrder":89},{"sectionNumber":"73","sectionType":"section","heading":"Notice to ADI","content":"73 Notice to ADI\n(1) A receiver appointed under this Part may:\n(a) in writing, give to the manager or other officer in charge of the\nbranch of the ADI at which the agent maintains or has\nmaintained the agent's trust account, notice of the\nappointment of the receiver; and\n(b) by the same or a subsequent instruction in writing, withdraw\nthe authority, or purported authority, of the agent, and of any\nother persons authorised, or purported to be authorised, by\nthe agent, to sign cheques or other authorities for the payment\nof moneys out of the trust account.\n(2) If, by a notice given under subsection (1), the receiver has\nwithdrawn the authority, or purported authority, of the agent, and of\nany other persons authorised, or purported to be authorised, by the\nagent, to sign cheques or other authorities for the payment of\nmoneys out of the trust account:\n(a) the branch of the ADI must not, except with the approval of the\nreceiver, pay any moneys out of the trust account on cheques\nor other authorities signed by the agent or any other person\nauthorised, or purported to be authorised, by the agent; and\n(b) only the receiver and a person authorised by the receiver by\nwritten notice delivered to the branch of the ADI are\nauthorised to sign cheques or other authorities for the\npayment of moneys out of the account.\n(3) A purported payment of moneys out of an account in contravention\nof subsection (2) is of no effect.\n\nAgents Licensing Act 1979 56\n(4) The receiver must cause a copy of an instrument given under this\nsection to be served on the agent either:\n(a) personally; or\n(b) by leaving it at the last-known place of residence of the agent.\n","sortOrder":90},{"sectionNumber":"73A","sectionType":"section","heading":"Access to books, &c.","content":"73A Access to books, &c.\nFor the purposes of this Act, a receiver appointed under section 71:\n(a) shall have full and free access at all reasonable times to all\nbooks, documents and other papers kept by or on behalf of an\nagent; and\n(b) may, for those purposes, take extracts from, and make copies\nof, any books, documents or papers kept by or on behalf of an\n","sortOrder":91},{"sectionNumber":"74","sectionType":"section","heading":"Powers of receiver","content":"74 Powers of receiver\n(1) A receiver appointed under this Part may do all things and shall\nperform all functions that a licensed agent is permitted to do, or\nrequired to perform, by this Act.\n(2) An agent shall not be personally liable for any default of the\nreceiver appointed for the agent unless the agent is a party to the\ndefault.\n","sortOrder":92},{"sectionNumber":"75","sectionType":"section","heading":"Remuneration","content":"75 Remuneration\n(1) A receiver appointed under this Part:\n(a) shall be paid such fees and allowances and at such rates as\nthe Supreme Court may determine; and\n(b) is entitled to reimbursement of the expenses necessarily\nincurred by him or her in carrying out the receivership.\n(1A) The Board may pay to the receiver from the moneys of the Fund\nthe fees and allowances and expenses referred to in subsection (1).\n(2) The receiver or, if it has exercised its powers under\nsubsection (1A), the Board may recover from the agent for whom\nthe receiver is appointed or (not being a company or firm) if dead,\nhis or her estate:\n(a) an amount of fees and allowances paid or payable to the\nreceiver; and\n\nAgents Licensing Act 1979 57\n(b) the amount of the reimbursement of expenses paid or payable\nto the receiver.\n","sortOrder":93},{"sectionNumber":"76","sectionType":"section","heading":"Interpretation","content":"76 Interpretation\nIn this Part, unless the contrary intention appears:\nagent includes a person referred to in section 71(2).\ntrust account includes an account into which moneys referred to in\nsection 71(2) have been paid.\ntrust moneys include moneys referred to in section 71(2).\n","sortOrder":94},{"sectionNumber":"77","sectionType":"section","heading":"Inquiries","content":"77 Inquiries\n(1) Where, by this Act, the Board may or is required to hold an inquiry,\nthe Chairperson shall fix a time and place for the holding of the\ninquiry.\n(2) The Chairperson shall cause notice of the matter to be inquired into\nand of the time and place fixed for the holding of the inquiry to be\ngiven to the parties not less than 7 days before the date fixed for\nthe hearing.\n(3) The Board may adjourn the holding of an inquiry from time to time\nand from place to place.\n(5) At an inquiry the Board may require a person appearing before it to\ngive evidence on oath.\n(6) Subject to this Act, the procedure at an inquiry is at the discretion of\nthe Board.\n(7) A party may be represented by a legal practitioner, or by another\nperson, who may examine witnesses and address the Board on\nbehalf of the person for whom he or she appears.\n(8) At an inquiry the Board may be assisted by a legal practitioner or by\nanother person, who may examine witnesses and address the\n(9) In conducting an inquiry the Board is not bound by rules of\nevidence but may inform itself in such manner as it thinks fit.\n\nAgents Licensing Act 1979 58\n(10) In this section, party means:\n(a) at an inquiry in relation to the grant of a licence or the\nregistration of a person as an agent's representative – the\napplicant for the grant of a licence or registration and a person\nwho has lodged an objection to the grant of a licence or\nregistration; and\n(b) at any other inquiry – the agent or agent's representative\nconcerned in the subject matter of the inquiry and a person\nwho has made an application under section 44 for the\ncancellation of a registration or under section 68 for the\nrevocation of a licence,\nand includes the Registrar and the Commissioner of Police.\n","sortOrder":95},{"sectionNumber":"78","sectionType":"section","heading":"Power to summon witnesses","content":"78 Power to summon witnesses\n(1) The Chairperson may, in writing, summon a person to attend an\ninquiry at a time and place specified in the summons and then and\nthere to give evidence and produce such books and other\ndocuments in the person's custody or control as the person is\nrequired by the summons to produce.\n(2) A summons under subsection (1) may be served:\n(a) personally; or\n(b) by sending it to the person's last-known place of residence or\nbusiness; or\n(c) by leaving it at that place of business or residence with a\nperson apparently having attained the age of 16 years.\n","sortOrder":96},{"sectionNumber":"79","sectionType":"section","heading":"Failure to attend or produce documents","content":"79 Failure to attend or produce documents\n(1) A person served with a summons to attend an inquiry shall not\nrefuse or fail, without reasonable excuse:\n(a) to attend the inquiry; or\n(b) subject to subsection (2), to produce at the inquiry the books\nor other documents in the person's custody or control that the\nperson is required by the summons to produce.\n\nAgents Licensing Act 1979 59\n(2) It is a defence to a charge in respect of a refusal or failure, without\nreasonable excuse, to produce at an inquiry a book or other\ndocument if the accused proves that the book or other document\nwas not relevant to the subject-matter of the inquiry.\n","sortOrder":97},{"sectionNumber":"80","sectionType":"section","heading":"Refusal to take oath or give evidence","content":"80 Refusal to take oath or give evidence\n(1) A person appearing as a witness at an inquiry must not refuse to\ntake an oath when required by the Board to do so or to answer a\nquestion relevant to the proceedings put to the person by a\n(2) A statement or disclosure made before the Board by a witness is\nnot, except in proceedings for giving false testimony at an inquiry,\nadmissible in evidence in civil or criminal proceedings.\n","sortOrder":98},{"sectionNumber":"81","sectionType":"section","heading":"Record of evidence of witnesses","content":"81 Record of evidence of witnesses\n(1) A record of the evidence of a witness at an inquiry shall be made in\nthe manner specified by the Board.\n(2) The Registrar shall have the custody of a record of evidence made\nin accordance with subsection (1).\n(3) The Registrar may give directions that a transcript of the record of\nany evidence made in accordance with subsection (1) be prepared.\n(4) Where a transcript of a record is prepared in accordance with the\ndirections of the Registrar given under subsection (3), the person\nwho prepared the transcript, or under whose supervision the\ntranscript was prepared, shall certify on the transcript in writing that\nthe transcript is a true transcript of a record produced out of the\ncustody of the Registrar.\n(5) Where a record that purports to be a record made in accordance\nwith subsection (1) of the evidence of a witness at an inquiry is\nproduced out of the custody of the Registrar, the record is, unless\nthe contrary is proved, evidence that the person gave that evidence\nat that inquiry.\n\nAgents Licensing Act 1979 60\n(6) Where:\n(a) a document purports to be a transcript, or a copy of a\ntranscript, of a record, made in accordance with\nsubsection (1), of evidence given by a witness at an inquiry;\nand\n(b) the document bears a certificate that purports to be a\ncertificate made in accordance with subsection (4),\nthe document is, unless the contrary is proved, evidence that the\nwitness gave at that inquiry the evidence of which the document\npurports to be a transcript.\n(7) On an application made to the Registrar by:\n(a) a person represented at an inquiry; or\n(b) a person who satisfies the Registrar that the person has good\nreason for requiring a copy of a transcript or of any evidence\nrecorded in accordance with this section,\nthe Registrar may, upon payment by the applicant of the prescribed\nfee, supply to the applicant a copy of the transcript or of the\nevidence so recorded.\n","sortOrder":99},{"sectionNumber":"82","sectionType":"section","heading":"Protection of members","content":"82 Protection of members\nAn action or proceeding, civil or criminal, does not lie against the\nBoard or a member in respect of anything done in good faith by the\nBoard or a member in its or the member's capacity as the Board or\nas a member.\n","sortOrder":100},{"sectionNumber":"83","sectionType":"section","heading":"Protection of persons appearing before Board","content":"83 Protection of persons appearing before Board\n(1) A legal practitioner or other person appearing before the Board has\nthe same protection and immunity as a legal practitioner has in\nappearing for a party in proceedings in the Supreme Court.\n(2) A witness summoned to attend or appear before the Board has the\nsame protection as a witness in proceedings in the Supreme Court.\n","sortOrder":101},{"sectionNumber":"84","sectionType":"section","heading":"Board may inspect books, &c.","content":"84 Board may inspect books, &c.\n(1) A member may inspect books or other documents or writings\nproduced at an inquiry and shall return them as soon as practicable\nafter the completion of the inquiry.\n(2) A member may make a copy of, or copies of such portions of, those\nbooks or other documents as are relevant to a matter before the\n\nAgents Licensing Act 1979 61\n","sortOrder":102},{"sectionNumber":"84A","sectionType":"section","heading":"Publication of findings and determination","content":"84A Publication of findings and determination\n(1) The Board must publish, in any manner that makes it publicly\navailable in the Territory, its findings and determinations under\nsections 44 and 68 as soon as practicable after making the findings\nand determinations.\n(2) In publishing its findings and determinations, the Board may\nwithhold any information from the public if satisfied there are\nreasonable grounds for doing so.\n(3) No criminal or civil proceeding lies against an officer or employee of\nthe Board for or in relation to an action taken in good faith for the\npurpose of complying with subsection (1).\n","sortOrder":103},{"sectionNumber":"84B","sectionType":"section","heading":"Proceedings to be open to public","content":"84B Proceedings to be open to public\nAn inquiry under section 44 or 68 is to be open to the public unless\nthe Board determines that the inquiry, or part of the inquiry, is to be\nclosed to the public.\nPart X Review of decisions\n","sortOrder":104},{"sectionNumber":"85","sectionType":"section","heading":"Review by NTCAT","content":"85 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in Schedule 2.\n(2) An affected person, for a reviewable decision, is a person\nspecified in Schedule 2 for the decision.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 85\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":105},{"sectionNumber":"Div 1","sectionType":"division","heading":"Educational schemes and grants to industry","content":"Division 1 Educational schemes and grants to industry\nbodies\n","sortOrder":106},{"sectionNumber":"92","sectionType":"section","heading":"Application of money for educational schemes","content":"92 Application of money for educational schemes\n(1) If the amount standing to the credit of the moneys of the Fund is\ngreater than 1 million monetary units (or, if another amount is\ndetermined by the Administrator, that amount), the Minister may\n\nAgents Licensing Act 1979 62\nconsent to the use by the Registrar of a specified amount or\nproportion of the Fund for the purposes specified in subsection (2).\n(2) The Registrar may use the amount or proportion of the Fund\nspecified by the Minister under subsection (1) to enable the Board\nto establish and conduct a scheme for the payment of all or part of\nthe costs or other expenses related to educational courses (except\nfees or other expenses of students attending or undertaking an\neducational course).\n(3) An amount of money may only be allocated to a person under\nsubsection (2) for the provision of an educational course if:\n(a) the person is a registered training organisation; and\n(b) the educational course to be provided by the registered\ntraining organisation is approved under section 22A or 31B or\nis a VET accredited course or part of a Training Package.\n(4) The Board may determine the registered training organisation or\nregistered training organisations to which the monies of the Fund\nare to be allocated for the purposes specified in subsection (2).\n(5) The Board must, within 30 days after the end of each financial year,\ngive the Minister a written report on the Board's activities for the\npurposes of this section.\n(6) In this section:\neducational course means a course relating to laws applying to\nand in relation to licensed agents and their business and the\npractices and procedures of licensed agents in their business, but\ndoes not include a course:\n(a) the purpose of which relates to the tactics or techniques of\nselling or advertising; or\n(b) that the Board declares not to be an educational course.\nregistered training organisation, see section 3 of the National\nVocational Education and Training Regulator Act 2011 (Cth).\nTraining Package means a training package as defined in\nsection 4 of the Training and Skills Development Act 2016.\nVET accredited course, see section 3 of the National Vocational\nEducation and Training Regulator Act 2011 (Cth).\n\nAgents Licensing Act 1979 63\n","sortOrder":107},{"sectionNumber":"93","sectionType":"section","heading":"Grants to industry bodies","content":"93 Grants to industry bodies\n(1) The Minister may determine that an amount of the money of the\nFund be paid to an industry body if the Minister is satisfied the body\nhas expended, or will expend, money for one or more of the\nfollowing purposes:\n(a) improving regulatory compliance;\n(b) improving the quality of services provided by persons\nregulated under this Act.\n(2) The Minister must not make the determination unless the Minister\nhas first consulted with:\n(a) the Fund regarding the ability to pay the money; and\n(b) the industry body to whom it is proposed to pay the money\nregarding the purpose to which the money has been, or is to\nbe, put; and\n(c) the Board.\n(3) The determination may impose terms and conditions for the\npayment of the money to the industry body.\n(4) An industry body may apply to the Minister for payment of money\nfrom the Fund.\n(5) The application must:\n(a) specify the period during which the body has expended, or\nproposes to expend, money for the purposes referred to in\nsubsection (1)(a) or (b); and\n(b) include details of the money expended, or proposed to be\nexpended, including the purpose to which it has been, or is to\nbe, put.\n(6) In this section:\nindustry body means an industry representative body that has a\nrole in improving the service the industry provides.\nExamples for definition of industry body in subsection (6)\n1. Real Estate Institute of the Northern Territory.\n2. Australian Institute of Conveyancers.\n\nAgents Licensing Act 1979 64\n","sortOrder":108},{"sectionNumber":"Div 2","sectionType":"division","heading":"Agents Licensing Fidelity Guarantee Fund of the","content":"Division 2 Agents Licensing Fidelity Guarantee Fund of the\nNorthern Territory\n","sortOrder":109},{"sectionNumber":"94","sectionType":"section","heading":"Establishment of Fund","content":"94 Establishment of Fund\n(1) There is established by this section the Agents Licensing Fidelity\nGuarantee Fund of the Northern Territory.\n(2) The Fund:\n(a) is a body corporate with perpetual succession; and\n(b) shall have a common seal; and\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real (including leasehold) and personal property\nand of suing and being sued.\n(3) All courts, judges and persons acting judicially shall take judicial\nnotice of the common seal of the Fund affixed to a document and\nshall assume that it was duly fixed.\n(4) The functions of the Fund are to maintain and operate the moneys\nof the Fund.\n(5) Subject to this Act, the Fund has power to do all things that are\nnecessary or convenient to be done for or in relation to or incidental\nto the performance of its functions.\n(6) The Minister may, by instrument in writing, determine the manner in\nwhich the Fund shall maintain and operate the moneys of the Fund,\nincluding the investment of moneys surplus to its immediate\nrequirements and the acquisition, holding or disposal of real or\npersonal property, and the Fund shall act in accordance with the\ndeterminations of the Minister, if any.\n(7) Subject to the determinations, if any, made by the Minister under\nsubsection (6), the Fund shall:\n(a) keep separate records of all transactions concerning the\nmoneys of the Fund; and\n(b) provide copies of the records to the Board upon demand but,\nin any case, not less than once in each period of 3 months;\nand\n(c) ensure that each cheque of the Fund is signed by the\nRegistrar and another member of the Fund or, in the absence\nof the Registrar, by the 2 other members of the Fund.\n\nAgents Licensing Act 1979 65\n(7A) The Fund must, each year, ensure that:\n(a) its accounts are prepared in accordance with Australian\naccounting standards; and\n(b) those accounts are audited by a registered company auditor;\nand\n(c) a copy of the audit report is forwarded to the Minister before\n30 June.\n(8) The exercise of the powers and functions of the Fund shall not be\naffected by reason only of there being a vacancy in the office of a\nmember of the Fund.\n","sortOrder":110},{"sectionNumber":"95","sectionType":"section","heading":"Members of Fund","content":"95 Members of Fund\n(1) The Fund consists of the following members:\n(a) the Registrar;\n(b) the Chairperson;\n(c) one person appointed by the Minister who, in the Minister's\nopinion, has expertise and experience in finance and\ninvestment;\n(d) one person appointed by the Minister on the recommendation\nof the Chief Executive Officer of the Agency administering the\nFinancial Management Act 1995;\n(e) one person appointed by the Minister who is a member of an\nindustry body, as defined in section 93(6).\n(2) Subject to subsections (3) and (4), the appointed members:\n(a) hold office for a period of 2 years; and\n(b) are eligible for re-appointment.\n(3) An appointed member may resign from office by written notice\nsigned by or with the authority of the member and given to the\nMinister.\n(4) The Minister may terminate the appointment of an appointed\n95AA Alternate members\n(1) The Minister may, at any time, appoint a person as the alternate of\na member.\n\nAgents Licensing Act 1979 66\n(2) An alternate member may act while the member for whom the\nperson is the alternate is prevented from performing the duties of\noffice by illness, absence, the operation of section 95AB or other\nreason considered sufficient by the Registrar.\n(3) An alternate member holds office during the same period as the\nmember for whom the person is the alternate, or for any shorter\nperiod specified by the Minister.\n(4) A person appointed as the alternate of a member mentioned in\nsection 95(1)(c) to (e) is subject to the same qualifications as that\n","sortOrder":111},{"sectionNumber":"95A","sectionType":"section","heading":"Meetings of Fund","content":"95A Meetings of Fund\n(1) The Registrar shall call such meetings of the Fund as are\nnecessary for the exercise of its powers and the performance of its\nfunctions, but the interval between one meeting and the next shall\nnot exceed 3 months.\n(2) Subject to subsections (3) and (4), the Fund shall determine the\nprocedure to be followed at or in relation to its meetings.\n(3) The Registrar shall preside at the meetings of the Fund.\n(3A) Three members of the Fund constitute a quorum.\n(4) The Fund shall keep records of its meetings.\n95AB Conflict of interest of member\n(1) A member who has a direct or indirect interest in a matter being\nconsidered or about to be considered by the Fund must disclose\nthe nature of the member's interest at a meeting of the Fund, or in\nwriting to the other members, as soon as possible after the relevant\nfacts come to the member's knowledge.\n(2) A member must not take part in any deliberation or decision of the\nFund relating to a matter in which the member has a direct or\nindirect interest.\n(3) The Fund must record disclosures made under subsection (1) in the\nminutes of the Fund.\n(4) A member who has a direct or indirect interest in a matter being\nconsidered or about to be considered by the Fund must not form\npart of a quorum in relation to the matter.\n(5) A person commits an offence if:\n(a) the person is a member; and\n\nAgents Licensing Act 1979 67\n(b) the person intentionally participates in a deliberation or\ndecision of the Fund in relation to a matter; and\n(c) the person has a direct or indirect interest in the matter being\nconsidered or about to be considered by the Fund and the\nperson has knowledge of that circumstance.\n(6) Strict liability applies to subsection (5)(a).\n(7) Part IIAA of the Criminal Code applies to an offence against this\nsection.\nNote for section 95AB\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":112},{"sectionNumber":"95B","sectionType":"section","heading":"Moneys of Fund","content":"95B Moneys of Fund\n(1) The moneys of the Fund shall comprise:\n(a) contributions and levies paid under this Act; and\n(b) fees paid to the Board with respect to licences or registrations;\nand\n(c) fines imposed by the Board under this Act; and\n(d) interest from time to time accruing from the investment of the\nmoneys of the Fund; and\n(e) any other money which may be lawfully paid to the Fund.\n(2) Subject to this Division, the Fund shall pay out of the moneys of the\nFund:\n(a) the amount of all claims, including costs allowed or\nestablished against the moneys of the Fund in accordance\nwith Division 3; and\n(b) the costs and expenses of the administration of this Act; and\n(c) the amount of remuneration, allowances and expenses\npayable under the Assembly Members and Statutory Officers\n(Remuneration and Other Entitlements) Act 2006 to a\nmember; and\n\nAgents Licensing Act 1979 68\n(d) where the amount of the moneys of the Fund is greater than\n500 000 monetary units, or such other amount as the\nAdministrator may determine, the amount, if any, to which the\nMinister consents under section 92(1); and\n(e) the amount of money determined by the Minister to be paid to\nan industry body under section 93(1); and\n(ea) such amounts as may be paid out of the moneys of the Fund\nin maintaining and operating the moneys of the Fund in\naccordance with the determinations of the Minister, if any,\nunder section 94(6); and\n(f) such other amounts as may lawfully be paid out of the moneys\nof the Fund.\n","sortOrder":113},{"sectionNumber":"96","sectionType":"section","heading":"Persons who may apply","content":"96 Persons who may apply\n(1) Subject to this Part, after the date fixed for the purpose of this\nsection by the Board by notice published in the Gazette, a person\nwho suffers pecuniary loss arising out of a defalcation of trust\nmoneys or misappropriation of other property by:\n(a) a licensed agent or a partner of a licensed agent; or\n(b) a person constituting, or an officer or employee of, a firm or\ncompany licensed under this Act; or\n(c) any other person carrying on business as an agent,\nmay apply to the Registrar for compensation under this Part in\nrespect of that loss.\n(1A) Nothing in subsection (1) shall be construed as permitting a person\nto apply to the Registrar for compensation in respect of a pecuniary\nloss arising out of a defalcation of trust moneys or a\nmisappropriation of other property by a person referred to in\nsubsection (1)(c) which occurred before the commencement of the\nLand and Business Agents Amendment Act 1992.\n(2) Subject to this Part, the pecuniary loss in respect of which\ncompensation may be paid to an applicant under this Part is the\namount of the pecuniary loss suffered by the applicant less any\namount that the applicant has recovered from any person in respect\nof the loss.\n\nAgents Licensing Act 1979 69\n","sortOrder":114},{"sectionNumber":"97","sectionType":"section","heading":"Registrar may invite claims","content":"97 Registrar may invite claims\n(1) The Registrar may cause to be published in the Gazette and a\nnewspaper or newspapers nominated by the Minister a notice\ninviting persons entitled to apply for compensation under this Part in\nrespect of losses arising out of a defalcation or misappropriation\ncommitted by an agent, a person in the employ of an agent, a\npartner of an agent, a person by whom an agent firm is constituted\nor a director of an agent company named in the notice to make an\napplication within the period specified in the notice.\n(2) Subject to subsection (3), the period to be specified in a notice\npublished under this section shall be not less than 3 months\ncommencing on the date of publication of the notice in the Gazette,\nnewspaper or newspapers, whichever is the latest.\n(3) An action for damage does not lie against the Registrar in respect\nof the publication in good faith of a notice under this section.\n","sortOrder":115},{"sectionNumber":"98","sectionType":"section","heading":"Time for making applications","content":"98 Time for making applications\n(1) Subject to subsection (2), an application for compensation under\nthis Part shall not be accepted unless it is made in writing:\n(a) within the period of 6 months after the applicant becomes\naware of the defalcation or misappropriation; or\n(b) within such further period, not exceeding 2 years, as the\nRegistrar, in his or her discretion and either before or after the\nexpiration of the period referred to in paragraph (a), allows.\n(2) Where a notice is published under section 97, an application for\ncompensation under this Part in respect of a defalcation or\nmisappropriation committed before the publication of the notice\nshall be made:\n(a) before the expiration of the period specified in the notice; or\n(b) within such further period, not exceeding 2 years, as the\nRegistrar, in his or her discretion and either before or after the\nexpiration of that period, allows.\n","sortOrder":116},{"sectionNumber":"99","sectionType":"section","heading":"Manner of applications","content":"99 Manner of applications\n(1) An application for compensation under this Part shall be made by\nthe delivery to the Registrar, in writing, of full particulars of the claim\nsupported by a statutory declaration by the applicant.\n(2) The Registrar shall, within one week after receiving an application\nfor compensation under this Part, post to the applicant a letter\nacknowledging receipt of the application.\n\nAgents Licensing Act 1979 70\n(3) The Registrar may, by notice in writing delivered to an applicant for\ncompensation under this Part, require the applicant to:\n(a) give to the Registrar information in the possession or control\nof the applicant with regard to a matter relating to the\napplication; or\n(b) deliver to the Registrar any documents in the possession or\ncontrol of the applicant that tend to establish the fact of the\ndefalcation or misappropriation and the amount of the loss to\nwhich the application relates.\n(4) The Registrar may retain a document delivered to the Registrar in\naccordance with a requirement under subsection (3) for as long as\nthe Registrar considers necessary for the purposes of this Part, but\nthe person by whom the document was produced is entitled to be\nsupplied, as soon as practicable, with a copy of the document\ncertified by the Registrar to be a true copy.\n(5) A copy certified under subsection (4) shall be received in all courts\nas if it were the original.\n(6) Where the Registrar makes a requirement under subsection (3), the\nRegistrar need not take any further steps in relation to the\napplication until the requirement is satisfied.\n","sortOrder":117},{"sectionNumber":"100","sectionType":"section","heading":"Registrar to consider applications","content":"100 Registrar to consider applications\n(1) Subject to section 99(6), the Registrar shall consider an application\nmade in accordance with this Part and shall determine:\n(a) the amount of the pecuniary loss in respect of which\ncompensation may be paid to the applicant under this Part; or\n(b) that there is no pecuniary loss in respect of which\ncompensation may be so paid.\n(2) Subsection (1) does not require the Registrar to be satisfied:\n(a) that a person has been found guilty of an offence arising out of\na defalcation or misappropriation; or\n(b) that there is evidence upon which a person might be found\nguilty of such an offence.\n(3) Before making a determination under subsection (1), the Registrar\nmay, if he or she is of the opinion that the circumstances so\nwarrant, require the applicant to institute against the agent,\nemployee, partner, person by whom an agent firm is constituted or\ndirector to whose defalcation or misappropriation the claim relates,\nor any other person considered to be liable in respect of the loss, or\n\nAgents Licensing Act 1979 71\nboth, proceedings for the recovery of the money the subject of the\ndefalcation or the property the subject of the misappropriation,\nincluding proceedings to follow assets and any property into which\nthe money or other property may have been converted.\n(4) Where the Registrar requires a person to institute proceedings\nunder subsection (3), the Registrar is liable to pay out of the\nmoneys of the Fund the costs and other expenses necessarily\nincurred by the person by reason of the institution of the\nproceedings.\n(5) The Registrar shall give to an applicant for compensation under this\nPart notice in writing stating:\n(a) the amount that the Registrar has determined is the pecuniary\nloss in respect of which compensation may be paid to the\napplicant under this Part; or\n(b) that the Registrar has determined that there is no pecuniary\nloss in respect of which compensation may be so paid.\n(6) In a notice given under this section, the Registrar shall state the\ngrounds on which he or she has made the determination referred to\nin the notice.\n","sortOrder":118},{"sectionNumber":"102","sectionType":"section","heading":"Payment of compensation","content":"102 Payment of compensation\n(1) Subject to this section, where an amount has been determined\nunder this Part as the amount of pecuniary loss in respect of which\ncompensation may be paid to an applicant under this Part, the\nRegistrar shall pay to the applicant an amount equal to the amount\nso determined.\n(2) The amounts paid under subsection (1) to applicants for\ncompensation in respect of defalcations or misappropriations by the\nsame person shall not exceed, in the aggregate, 300 000 monetary\nunits or, if another amount is determined by the Administrator by\nnotice in the Gazette, that other amount.\n(3) Where the aggregate of the amounts that the Registrar would, but\nfor this subsection, be required by subsection (1) to pay to\napplicants for compensation in respect of defalcations or\nmisappropriations by the same person, exceeds the amount\navailable under subsection (2), the Registrar shall divide the\namount available under that subsection among those applicants in\nproportion to the amounts payable to them.\n(4) Where, at any time, the amount of the moneys of the Fund is\ninsufficient for the payment of all amounts that the Registrar would,\nbut for this subsection, be required by this section to pay, the\n\nAgents Licensing Act 1979 72\nRegistrar shall divide the amount of the moneys of the Fund among\nthe persons to whom it would be required to pay those amounts in\nproportion to those amounts.\n","sortOrder":119},{"sectionNumber":"103","sectionType":"section","heading":"Subrogation","content":"103 Subrogation\nWhere the Registrar has paid compensation to a person under this\nPart, the Registrar is, to the extent of the payment, subrogated to\nthe rights of that person against any other person in relation to the\noccurrence that gave rise to the claim for compensation.\n","sortOrder":120},{"sectionNumber":"104","sectionType":"section","heading":"Agents may claim in certain circumstances","content":"104 Agents may claim in certain circumstances\n(1) Where:\n(a) the Registrar has paid the amounts of compensation that the\nRegistrar is required to pay in respect of defalcations or\nmisappropriations committed by a person; and\n(b) the sum of those amounts is less than 300 000 monetary\nunits, or such other amount as the Administrator has\ndetermined under section 102(2),\nan agent who was, at the time at which any of those defalcations or\nmisappropriations were committed, a partner of or employer of the\nperson referred to in paragraph (a) and has made a payment to a\nperson in respect of pecuniary loss suffered by that person as a\nresult of any of those defalcations or misappropriations, may apply\nto the Registrar for compensation under this Part in respect of that\npayment.\n(2) Section 98 does not apply in relation to an application under this\nsection.\n(3) Where:\n(a) an application is made under this section; and\n(b) the Registrar is satisfied that:\n(i) the agent by whom the application is made is entitled to\nmake an application under this section; and\n(ii) in relation to the defalcation or misappropriation to which\nthe claim relates, the agent acted in good faith,\nthe Registrar may pay compensation out of the moneys of the Fund\nto that agent.\n\nAgents Licensing Act 1979 73\n(4) The amount to be paid under subsection (3) is such amount, not\nexceeding the difference between 75 000 monetary units or such\nother amount as the Administrator has determined under\nsection 102(2) and the sum of the amounts referred to in\nsubsection (1)(a), as the Registrar thinks fit.\n","sortOrder":121},{"sectionNumber":"105","sectionType":"section","heading":"Interim payments","content":"105 Interim payments\n(1) Where, in relation to an application made under this Part, other than\nan application under section 104, the Registrar has determined the\namount of pecuniary loss in respect of which compensation may be\npaid to the applicant, the Registrar may, if he or she thinks fit, make\nan interim payment of compensation to the applicant.\n(2) An amount paid to a person under this section shall be set off\nagainst the compensation that the Registrar is required by\nsection 102 to pay to the person.\n","sortOrder":122},{"sectionNumber":"106","sectionType":"section","heading":"Annual contributions","content":"106 Annual contributions\n(1) A licensed agent shall pay to the Registrar annually a contribution\nto the Fund of such amount and at such time as may be determined\nby the Board.\n(2) A licensed agent shall, in addition to the amount payable under\nsubsection (1), pay to the Registrar annually a contribution to the\nFund of such amount and at such time as may be determined by\nthe Board in respect of each agent's representative employed by\nthat agent.\n","sortOrder":123},{"sectionNumber":"107","sectionType":"section","heading":"Contributions not payable in certain circumstances","content":"107 Contributions not payable in certain circumstances\nNotwithstanding section 106(1) and (2), a licensed agent:\n(a) who has contributed to the Fund not less than 4 annual\ncontributions in respect of himself or herself and in respect of\neach agent's representative employed by him or her; and\n(b) in respect of whom or in respect of a person in the employ of\nthat agent or a partner of that agent no claim has been made\nand sustained or is pending against the moneys of the Fund,\nis not liable to pay any further annual contributions under\nsection 106(1) or (2) at any time while the amount standing to the\ncredit of the moneys of the Fund, including any investments of the\nmoneys of the Fund, and after deducting the amount of all unpaid\nclaims and other liabilities outstanding against the moneys of the\nFund, exceeds 1 million monetary units or such other amount as\n\nAgents Licensing Act 1979 74\nthe Administrator may determine.\n","sortOrder":124},{"sectionNumber":"108","sectionType":"section","heading":"Levies","content":"108 Levies\n(1) Where, at any time the Registrar considers that the moneys of the\nFund are not sufficient to satisfy the liabilities of the Registrar in\nrelation to the moneys of the Fund, the Registrar may, with the\napproval of the Administrator, impose a levy of such amount, not\nexceeding 100 monetary units a year, as the Registrar thinks fit for\npayment to the Fund.\n(2) Subject to this section:\n(a) a levy imposed under subsection (1) is payable on the date\nfixed, for the purpose of this section, by the Registrar by notice\npublished in the Gazette; and\n(b) a levy so imposed is payable by each agent who, on that date,\nholds a licence and is payable also by such an agent in\nrespect of each agent's representative employed by that\n(3) The Registrar may, if he or she thinks that the circumstances so\nwarrant, extend the time for payment of a levy by an agent and, in\nsuch a case, the levy is payable by that agent on the date fixed by\nthe Registrar under this subsection.\n(4) Where an agent does not pay a levy in accordance with this section\nthe Registrar shall record the fact in the register and so long as the\nlevy remains unpaid, the agent shall be deemed to be unlicensed.\n","sortOrder":125},{"sectionNumber":"108A","sectionType":"section","heading":"Definitions","content":"108A Definitions\nIn this Part, unless the contrary intention appears:\napproved indemnity insurance policy means an indemnity\ninsurance policy, or a type of indemnity insurance policy, that is\napproved under section 108C.\nindemnity insurance means insurance against loss arising from\nclaims in respect of any description of civil liability (other than a type\nof civil liability prescribed by regulation) incurred by an agent or\nformer agent in connection with:\n(a) the agent's business as an agent; or\n(b) the business of a firm of agents of which the agent is or was a\nmember; or\n\nAgents Licensing Act 1979 75\n(c) a company, of which the agent is or was a director, that\ncarries on business as an agent,\nor by an employee or former employee of that agent, firm or\ncompany.\n","sortOrder":126},{"sectionNumber":"108B","sectionType":"section","heading":"Licensed agents required to hold approved indemnity","content":"108B Licensed agents required to hold approved indemnity\ninsurance\n(1) An agent must not carry on business as an agent unless the agent\nis insured under an approved indemnity insurance policy.\n(2) Subsection (1) does not apply in relation to a period during which\nthe agent is exempt under a regulation from the requirement to be\ninsured under an approved indemnity insurance policy.\n","sortOrder":127},{"sectionNumber":"108C","sectionType":"section","heading":"Board may approve indemnity insurance policy","content":"108C Board may approve indemnity insurance policy\n(1) The Board may approve an indemnity insurance policy or a type of\nindemnity insurance policy.\n(2) An approval under subsection (1) may provide that an indemnity\ninsurance policy is an approved indemnity insurance policy if the\npolicy:\n(a) complies with the conditions specified in the approval; or\n(b) is described in the approval by reference to the insurer and\nthe number of the policy or is identified in the approval by\nother specified particulars,\nor both.\n(3) An indemnity insurance policy ceases to be an approved indemnity\ninsurance policy if it ceases to comply with conditions set out in an\napproval under subsection (1).\n(4) An approval under subsection (1) may:\n(a) apply generally or be limited in its application by reference to\nexceptions or factors specified in the approval; or\n(b) apply differently according to different exceptions or factors\nspecified in the approval.\n\nAgents Licensing Act 1979 76\n(5) The Board must publish any approval made under subsection (1) in\n","sortOrder":128},{"sectionNumber":"108D","sectionType":"section","heading":"Organisation representing agents may arrange for insurance","content":"108D Organisation representing agents may arrange for insurance\n(1) An organisation representing the interests of real estate agents,\nbusiness agents or conveyancing agents may arrange for an\ninsurer to provide an approved indemnity insurance policy to real\nestate agents, business agents or conveyancing agents.\n(2) An organisation representing the interests of real estate agents,\nbusiness agents or conveyancing agents that arranges for an\ninsurer to provide an approved indemnity insurance policy may\nrequire that a person may only be a member of the organisation if\nthe person has entered into and maintains that policy with the\ninsurer.\n","sortOrder":129},{"sectionNumber":"108E","sectionType":"section","heading":"Part does not affect claims against Fund","content":"108E Part does not affect claims against Fund\nThis Part does not derogate from Part XII, Division 3.\n","sortOrder":130},{"sectionNumber":"108F","sectionType":"section","heading":"Definitions","content":"108F Definitions\n(1) In this Part, unless the contrary intention appears:\nbusiness includes a share in a business or an interest in a\nbusiness.\ninterested party means:\n(a) a licensed real estate agent; or\n(b) a licensed business agent; or\n(c) a registered agent's representative; or\n(d) an employee of a licensed real estate agent or licensed\nbusiness agent; or\n(e) a person who holds himself or herself out to be a real estate\nagent or a business agent.\nland includes an interest in land.\n\nAgents Licensing Act 1979 77\n(2) In this Part, a purchase or sale of land or a business in which an\ninterested party who is a licensed real estate agent or licensed\nbusiness agent is beneficially interested includes a purchase or\nsale that is or will be made by or on behalf of:\n(a) the spouse, de facto partner, parent, brother, sister or child of\nthe agent; or\n(b) a corporation, body, association of persons or firm carrying on\nbusiness for profit or gain of which the agent or the spouse, de\nfacto partner, parent, brother, sister or child of the agent is a\nmember; or\n(c) if the agent is a corporation – the corporation, a member of the\ncorporation or the spouse, de facto partner, parent, brother,\nsister or child of a member of the corporation; or\n(d) if the agent carries on business as such as a member of a\nfirm – a person who is a member of the firm or the spouse,\nde facto partner, parent, brother, sister or child of that person.\n(3) In this Part, a purchase or sale of land or a business in which an\ninterested party who is a registered agent's representative or an\nemployee is beneficially interested includes a purchase or sale that\nis or will be made by or on behalf of:\n(a) the spouse, de facto partner, parent, brother, sister or child of\nthe representative or employee; or\n(b) a corporation, body, association of persons or firm carrying on\nbusiness for profit or gain of which the representative or\nemployee or the spouse, de facto partner, parent, brother,\nsister or child of the representative or employee is a member.\n(4) In this Part, an interested party acts as the agent for a client wishing\nto purchase or sell land or a business from the time the client first\ncommunicates (whether orally or in writing) the fact that the client\nwishes to purchase or sell the land or business to:\n(a) the interested party; or\n(b) a person specified in subsection (2) or (3).\n\nAgents Licensing Act 1979 78\n","sortOrder":131},{"sectionNumber":"108G","sectionType":"section","heading":"Restriction on agent etc. purchasing or selling property in","content":"108G Restriction on agent etc. purchasing or selling property in\nwhich the agent is interested\n(1) Subject to subsection (6), an interested party must not purchase\ndirectly or indirectly, or be beneficially interested in the purchase of,\nland or a business from a person who is a client for whom the\ninterested party is acting as an agent.\n(2) Subject to subsection (6), an interested party must not directly or\nindirectly accept title to land or a business if he or she is in breach\nof subsection (1).\n(3) Subject to subsection (6), an interested party must not sell directly\nor indirectly, or be beneficially interested in the sale of, land or a\nbusiness to a person who is a client for whom he or she is acting as\nan agent.\n(4) An interested party must not receive commission from a client after\nhe or she has been found guilty of an offence against\nsubsection (1) or (3).\n(5) A person who is found guilty of an offence against this section:\n(a) must account for and repay to the client all profits (including\ncommission received) resulting from the purchase or sale and\nany subsequent dealing with the land or business; and\n\nAgents Licensing Act 1979 79\n(b) if the offence is an offence against subsection (2) – must,\nunless there is an agreement to the contrary with the client,\ntransfer to the client the title to the land or business to which\nthe offence relates.\n(6) This section does not apply if:\n(a) the land or business is purchased by a person who is a\nshareholder or creditor of a licensed agent that is:\n(i) a corporation the shares of which are listed on a\nprescribed financial market (as defined in section 9 of\nthe Corporations Act 2001); or\n(ii) a prescribed corporation; or\n(b) the interested party acted honestly and reasonably; or\n(c) the client is in substantially as good a position as if the\ninterested party had no interest whatsoever in the purchase or\nsale; or\n(d) the interested party has complied with section 108H.\n(7) A person who has sold land may lodge a caveat with the Registrar-\nGeneral in respect of the person's former interest in the land if:\n(a) the person believes that the person who acted as agent for\nhim or her for the purposes of the sale of the land was\nbeneficially interested in the purchase of the land at the time\nof the transaction; and\n(b) the sale of the land is or will be the subject of an action\nbrought under this section,\nunless the land has, after the person sold it, been sold to a bona\nfide purchaser.\n","sortOrder":132},{"sectionNumber":"108H","sectionType":"section","heading":"Sale etc. by agent with interest in sale","content":"108H Sale etc. by agent with interest in sale\n(1) An interested party may purchase directly or indirectly, or be\nbeneficially interested in the purchase of, land or a business from a\nperson who is a client for whom the interested party is acting as\nagent if the interested party makes a full disclosure of the interested\nparty's intention to purchase or of the interested party's beneficial\ninterest in the purchase.\n(2) An interested party may sell directly or indirectly, or be beneficially\ninterested in the sale of, land or a business from a person who is a\nclient for whom the interested party is acting as agent if the\ninterested party makes a full disclosure of the interested party's\n\nAgents Licensing Act 1979 80\nintention to sell or of the interested party's beneficial interest in the\nsale.\n(3) A disclosure under subsection (1) or (2) is to be in the approved\nform.\n(4) The approved form for subsection (3) is to:\n(a) provide that full details of the intention to purchase or sell or of\nthe beneficial interest in the purchase or sale are to be set out\nin or attached to the form; and\n(b) contain a statement to the effect that, by virtue of the\ninterested party's relationship with the client, the interested\nparty may have gained information in relation to the client's\ncircumstances and the proposed purchase or sale that may\nplace the interested party in a position of advantage.\n(5) A disclosure under subsection (1) must be made:\n(a) to each person who is purchasing or selling the land or\nbusiness; and\n(b) at the same time as, or immediately after, the agreement to\npurchase and sell the land or business is made.\n(6) A person to whom a disclosure is made must, before the expiry of a\n7 day cooling-off period commencing on the day on which\ndisclosure is made:\n(a) elect to affirm the agreement for the sale or purchase of the\nland or business; or\n(b) elect to avoid the agreement.\n","sortOrder":133},{"sectionNumber":"108J","sectionType":"section","heading":"Person to repay agent if person avoids agreement","content":"108J Person to repay agent if person avoids agreement\n(1) This section applies to a person to whom a disclosure under\nsection 108H(1) is made if the person:\n(a) is selling the land or business; and\n(b) elects to avoid the agreement under section 108H(6)(b).\n(2) The person must repay to the interested party the amount of money\nreceived in relation to the agreement less an amount representing\nany costs or expenses incurred by the person in relation to the\nagreement.\n\nAgents Licensing Act 1979 81\n(3) If the amount of money received does not cover the costs or\nexpenses, the interested party must pay to the person the balance\nof the costs and expenses.\n","sortOrder":134},{"sectionNumber":"109","sectionType":"section","heading":"Registers","content":"109 Registers\n(1) The Registrar shall keep the following registers:\n(a) a Register of Licensed Real Estate Agents;\n(b) a Register of Licensed Business Agents;\n(c) a Register of Agents' Representatives who are entitled to be\nregistered;\n(d) a Register of Conveyancing Agents.\n(2) The Registrar shall record in the registers:\n(a) the name of each licensed agent or registered agent's\nrepresentative, as the case may be; and\n(b) in the case of a register other than the register specified in\nsubsection (1)(c), the address of each office in the Territory at\nwhich each licensed agent carries on business and, if there is\nmore than one such office, a statement as to which is the\nprincipal office; and\n(c) the prescribed particulars; and\n(d) such other particulars as the Board determines or as are\nrequired to be recorded under this Act.\n(3) A register so kept shall, without fee, be open to inspection during\nordinary business hours by a person desiring to inspect the register.\n","sortOrder":135},{"sectionNumber":"110","sectionType":"section","heading":"Licensed agents to maintain registered office in Australia etc.","content":"110 Licensed agents to maintain registered office in Australia etc.\n(1) A licensed agent must maintain an office in Australia at or from\nwhich the conduct of business under the licence is to occur.\n\nAgents Licensing Act 1979 82\n(2) A licensed agent must not carry on business in the Territory under a\nlicence at or from an office (whether or not the office is in the\nTerritory) unless, before beginning to carry on the business:\n(a) the agent has notified the Registrar of the address of the\noffice; and\n(b) if business is to be conducted at one or more offices – the\nagent has notified the Registrar of the office that is to be the\nprincipal office of the agent.\n(3) For the purposes of this Act, an office is taken to be the principal\noffice of a licensed agent if the agent has notified the Registrar\nunder subsection (2)(b) that the office is to be the principal office of\nthe agent.\n","sortOrder":136},{"sectionNumber":"110A","sectionType":"section","heading":"Business managers","content":"110A Business managers\n(1) Subject to section 111, a licensed agent must ensure that there is\nat all times in the agent's service a business manager, who is a\nlicensed agent appointed by the agent, in respect of each office of\nthe business carried on under the licence.\n(2) A person may be appointed under subsection (1) to be a business\nmanager in respect of all of the offices of, or one or more offices of,\nthe business carried on under a licence.\n(3) A licensed agent must ensure that there is not more than one\nbusiness manager with substantive and effective control of an office\nof the business carried on under the licence.\n\nAgents Licensing Act 1979 83\n(4) A business manager:\n(a) must not act as a manager, or a business manager, on behalf\nof more than one licensed agent or firm; and\n(b) must not carry on business as an agent on his or her own\naccount, except if he or she:\n(i) is a business manager in relation to a firm that he or she\nconstitutes; and\n(ii) is not a business manager in respect of any other\nbusiness.\n(5) A business manager must ensure that he or she exercises\nsubstantive and effective control of the day-to-day operations of an\noffice in relation to which he or she was appointed under\n(6) Rules of conduct may specify the duties, during a period while a\nbusiness manager is not present at the office, of a licensed agent\nand a business manager in relation to an office of the business\ncarried on under a licence.\n","sortOrder":137},{"sectionNumber":"111","sectionType":"section","heading":"Registrar may approve operation of registered office without","content":"111 Registrar may approve operation of registered office without\nlicensed business manager\n(1) Upon an application by a licensed agent, the Registrar may, subject\nto such conditions that the Registrar may consider necessary or\ndesirable, grant approval, in writing, to the licensed agent to carry\non business as a licensed agent for a period, not exceeding\n60 days, during which the business manager of a registered office\nof the licensed agent is not a licensed agent.\n(2) A licensed agent shall not contravene or fail to comply with a\ncondition specified in an approval granted under subsection (1).\n\nAgents Licensing Act 1979 84\n","sortOrder":138},{"sectionNumber":"111A","sectionType":"section","heading":"Licence not transferable","content":"111A Licence not transferable\nA licence is not transferable by the holder of the licence.\n","sortOrder":139},{"sectionNumber":"112","sectionType":"section","heading":"Agent not to share commission","content":"112 Agent not to share commission\n(1) Except as may be prescribed, a licensed agent shall not share with\nanother person, other than a licensed agent, or partner of, or\nregistered agent's representative employed by, the first-mentioned\nagent, a fee, commission or other gain or reward payable to the\nfirst-mentioned agent in respect of a transaction in the agent's\ncapacity as agent.\n(2) In subsection (1), a reference to a licensed agent includes a\nreference to a person licensed under a law of a State or Territory\nproviding for the licensing of real estate agents, business agents or\nconveyancing agents (by whatever name called).\n","sortOrder":140},{"sectionNumber":"113","sectionType":"section","heading":"Improper use of licence","content":"113 Improper use of licence\nA licensed agent shall not permit any other person to have\npossession of the agent's licence with the intent that the other\nperson shall represent himself or herself as the person to whom the\nlicence was granted.\n","sortOrder":141},{"sectionNumber":"114","sectionType":"section","heading":"Improper use of title of agent","content":"114 Improper use of title of agent\n(1) A person, other than a licensed agent, shall not use, in an\nadvertisement or any other mode of public notification, words that\nwould reasonably lead to the belief that the person is a licensed\n(2) Without limiting the effect of subsection (1), a person other than a\nlicensed agent or a registered agent's representative shall not:\n(a) place, or suffer or permit to be placed, on the building in which\nthe person's office is situated; or\n\nAgents Licensing Act 1979 85\n(b) place, on a document, as a description of the person's\nbusiness,\nthe words \"real estate agent\", \"estate agent\", \"land agent\",\n\"property agent\", \"business agent\", \"conveyancing agent\" or words\nimplying that, in the course of the person's business, the person\nacts, or is prepared to act, as agent for clients in connection with\nany of the matters referred to in section 5(2).\n","sortOrder":142},{"sectionNumber":"115","sectionType":"section","heading":"False or misleading advertisements","content":"115 False or misleading advertisements\nA licensed agent shall not, in an advertisement or any other mode\nof public notification published in connection with the agent's\nbusiness as a licensed agent, make a statement or any\nrepresentation that is false, misleading or is intended to deceive.\n","sortOrder":143},{"sectionNumber":"116","sectionType":"section","heading":"Obstruction of Registrar, inspector, &c.","content":"116 Obstruction of Registrar, inspector, &c.\nA person shall not obstruct, threaten or intimidate another person in\nthe exercise of a power conferred, or the performance of a duty\nimposed by or under this Act on that other person.\n\nAgents Licensing Act 1979 86\n","sortOrder":144},{"sectionNumber":"117","sectionType":"section","heading":"Production of licence","content":"117 Production of licence\nA licensed agent shall not fail, without reasonable excuse, upon\ndemand of the Registrar or an inspector, to produce the licence of\nthe agent for inspection.\n","sortOrder":145},{"sectionNumber":"118","sectionType":"section","heading":"Withholding of deposit","content":"118 Withholding of deposit\nWhere an agent is authorised to retain in a trust account money\nreceived as a deposit in respect of a transaction in the capacity of\nagent and the money is to be withheld or not repaid, the agent\nshall, within a period of 14 days from the completion of the\ntransaction, inform in writing all persons involved, including his or\nher client, of the reason for withholding or not repaying the money.\n","sortOrder":146},{"sectionNumber":"119","sectionType":"section","heading":"Requirements of advertisements","content":"119 Requirements of advertisements\nA licensed agent shall not publish an advertisement in connection\nwith his or her business as agent unless it is stated in the\nadvertisement:\n(a) that the agent is licensed; and\n(b) the address of the place or, where the agent carries on\nbusiness at more than one place, one of the places at which\nthe agent carries on business as an agent.\n","sortOrder":147},{"sectionNumber":"120","sectionType":"section","heading":"Display of notices","content":"120 Display of notices\n(1) A licensed agent shall exhibit and keep exhibited in a prominent\nposition at the place, or each place specified in the licence of the\nagent as a place at which the agent is authorised to carry on\nbusiness as a licensed agent, and so as to be easily read from\n\nAgents Licensing Act 1979 87\noutside that place of business:\n(a) a notice of:\n(i) the name of the agent and the fact of the agent being\nlicensed as an agent; and\n(ii) if the business is carried on in a name other than the\nname of the agent – the name under which the agent\ncarries on business; and\n(b) the licence, or a photographic copy of the licence, issued to\nthe agent.\n(2) Where a licensed agent ceases to carry on business at the place\nspecified in the licence of the agent, the agent shall forthwith\nremove from that place a notice, photograph or licence exhibited\nunder subsection (1).\n","sortOrder":148},{"sectionNumber":"121","sectionType":"section","heading":"No recovery of commission unless licensed","content":"121 No recovery of commission unless licensed\nA person is not entitled to bring an action to recover a fee,\ncommission or other gain or reward for acting as an agent for a\nclient in relation to a matter referred to in section 5(2) or to work\nwhich, under this Act, a conveyancing agent may perform unless:\n(a) at the time the person was engaged to act as an agent, the\nperson was a licensed agent and was such an agent at the\ntime of acting as agent; or\n(b) the person was engaged to act as an agent before the\nexpiration of the period of one month after the commencement\nof this Act and, at the time of acting as agent, was a person to\nwhom section 17 did not apply.\n","sortOrder":149},{"sectionNumber":"121A","sectionType":"section","heading":"Contracts for sale of land to be in approved form","content":"121A Contracts for sale of land to be in approved form\nA real estate agent or a conveyancing agent must not arrange for\nthe preparation and execution of a contract of sale of land, unless\nthe contract is in a form:\n(a) approved by the Registrar for the purposes of this Act; or\n\nAgents Licensing Act 1979 88\n(b) approved by the Law Society Northern Territory for use by\npersons who are not legal practitioners.\n","sortOrder":150},{"sectionNumber":"123","sectionType":"section","heading":"Evidence of licensing or registration","content":"123 Evidence of licensing or registration\nA document purporting to be a certificate under the hand of the\nChairperson or Registrar and stating that a person was, or was not,\non a date or dates or during a period mentioned in the document,\nthe holder of a real estate agent's licence or business agent's\nlicence or a registered agent's representative is, in all courts and\nbefore all persons and other bodies authorised to receive evidence,\nprima facie evidence of the matter so stated.\n","sortOrder":151},{"sectionNumber":"124","sectionType":"section","heading":"Requirement by Registrar or inspector","content":"124 Requirement by Registrar or inspector\nWhere the Registrar or an inspector is empowered by this Act to\nrequire a person to do any thing, the Registrar or inspector may\nmake the requirement orally or in writing served on that person.\n","sortOrder":152},{"sectionNumber":"125","sectionType":"section","heading":"Cancelled registration and revoked licences","content":"125 Cancelled registration and revoked licences\n(1) If:\n(a) the Board cancels the registration of an agent's\nrepresentative; or\n(b) the Board revokes the licence of an agent,\nthe agent's representative or the holder of the licence, as the case\nmay be, must deliver the certificate of registration or licence, as the\ncase may be, to the Registrar as directed by the Registrar.\n(2) If the Board's decision to cancel the registration of the agent's\nrepresentative is set aside by NTCAT on a review of the decision\nunder section 85, the Registrar must return the certificate of\nregistration to the agent's representative.\n\nAgents Licensing Act 1979 89\n(3) If the Board's decision to revoke the licence of the agent is set\naside by NTCAT on a review of the decision under section 85, the\nRegistrar must return the licence to the agent.\n125AA Infringement notices\nThe Regulations may provide for:\n(a) the payment, as an alternative to prosecution, of a prescribed\namount in lieu of a penalty otherwise imposed for infringement\nof this Act or the Regulations; and\n(b) the service of notices on persons who appear to have\ninfringed this Act or the Regulations and the particulars to be\nincluded in the notices.\n","sortOrder":153},{"sectionNumber":"125B","sectionType":"section","heading":"Regulatory offences","content":"125B Regulatory offences\nAn offence of contravening or failing to comply with section 47, 51,\n56, 59, 60, 61, 80(1), 111(2), 118, 119, 120 or 125(1) is a regulatory\noffence.\n","sortOrder":154},{"sectionNumber":"126","sectionType":"section","heading":"Offences committed by employees, partners, or directors","content":"126 Offences committed by employees, partners, or directors\n(1) Subject to subsection (2), a licensed agent may be prosecuted for\nan offence committed against this Act by a person who is an\nemployee of, a partner of or, where the licensed agent is a\ncompany, a director of the licensed agent.\n(2) A licensed agent shall not be liable under subsection (1) where the\nlicensed agent proves that he or she or the firm or company had\ngiven such directions to the employee, partner or director and had\nexercised or caused to have been exercised such supervision of\nthe employee, partner or director as were reasonably necessary to\nensure that the employee, partner or director did not commit an\noffence against this Act.\n","sortOrder":155},{"sectionNumber":"126A","sectionType":"section","heading":"Approved forms","content":"126A Approved forms\n(1) The Board may approve forms for this Act.\n(2) The Board must publish an approved form in any manner that\nmakes it publicly available in the Territory as soon as practicable\nafter it is approved.\n\nAgents Licensing Act 1979 90\n","sortOrder":156},{"sectionNumber":"127","sectionType":"section","heading":"Regulations","content":"127 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters that this Act requires or permits to be\nprescribed or that are necessary or convenient to be prescribed for\ncarrying out or giving effect to this Act and, in particular, as to:\n(a) the fees to be paid for the grant or renewal of a licence or for\nthe grant of registration of an agent's representative; and\n(b) the annual fees to be paid by the holder of a licence or a\nregistered agent's representative; and\n(c) applications for renewal or restoration of licences or of\nregistration and the circumstances in which applications may\nbe granted; and\n(d) the maximum commission, or rate of commission, that agents\nmay receive in respect of services or transactions generally or\nin respect of specified areas or transactions or classes of\ntransactions; and\n(da) the exemption by the Minister of natural persons, companies\nor firms, or members of a specified class of natural persons,\ncompanies or firms, from the requirement to be insured under\nan approved indemnity insurance policy; and\n(e) the qualifications and experience required to be held by an\napplicant for a licence to carry on business as an agent; and\n(f) the educational qualifications required to be held by an\napplicant for registration as an agent's representative; and\n(g) the procedures and forms to be followed or used under this\nAct; and\n(h) penalties not exceeding a fine of 100 penalty units for an\noffence against the regulations; and\n(j) rules of conduct, which may incorporate or adopt by reference\n(with any necessary changes) rules, provisions, a code or\nanother document relating to professional conduct of agents;\nand\n(k) the type of services relating to the sale and transfer of land\nthat a licensed conveyancing agent may and the regulation\nand limits of those services perform; and\n\nPart XV Transitional matters for Statute Law Amendment (Territory Economic\nAgents Licensing Act 1979 91\n(m) the regulation of licensed agents in respect of professional\nservice or agency activities they may provide or in which they\nmay engage in association with their activities as licensed\nagents.\n(2) The Regulations may prescribe a scheme for holding and dealing\nwith trust money received by a licensed agent in the course of\nbusiness carried on as a corporation manager under the Unit Titles\nAct 1975 or as a body corporate manager under the Unit Title\nSchemes Act 2009.\nPart XIV Transitional matter for Statute Law Revision\nand Repeals Act 2019\n","sortOrder":157},{"sectionNumber":"128","sectionType":"section","heading":"Rules of conduct","content":"128 Rules of conduct\nThe rules of conduct, as in force immediately before the\ncommencement of section 10 of the Statute Law Revision and\nRepeals Act 2019 (the commencement), apply in relation to the\nconduct of agents engaged in before the commencement.\nPart XV Transitional matters for Statute Law\nAmendment (Territory Economic\n","sortOrder":158},{"sectionNumber":"129","sectionType":"section","heading":"Definitions","content":"129 Definitions\nIn this Part:\namending Act means the Statute Law Amendment (Territory\nEconomic Reconstruction) Act 2022.\ncommencement means the commencement of Part 2 of the\namending Act.\n","sortOrder":159},{"sectionNumber":"130","sectionType":"section","heading":"Course of competency-based training","content":"130 Course of competency-based training\nA course of competency-based training approved by the Board\nunder section 22A, as in force immediately before the\ncommencement, is taken to be a course of competency-based\ntraining approved by the Board under section 22A after the\n\nPart XVI Transitional matters for Statute Law Amendment (NTCAT Conferral of\nAgents Licensing Act 1979 92\n","sortOrder":160},{"sectionNumber":"131","sectionType":"section","heading":"Educational qualifications","content":"131 Educational qualifications\nAn educational qualification prescribed under section 39, as in force\nimmediately before the commencement, is taken to be an\neducational qualification approved by the Board under section 39,\nas amended by the amending Act, after the commencement.\nPart XVI Transitional matters for Statute Law\nAmendment (NTCAT Conferral of Jurisdiction)\nAct 2023\n","sortOrder":161},{"sectionNumber":"132","sectionType":"section","heading":"Definitions","content":"132 Definitions\nIn this Part:\namending Act means the Statute Law Amendment (NTCAT\nConferral of Jurisdiction) Act 2023.\ncommencement means the commencement of Part 2 of the\namending Act.\nformer Act means this Act as in force immediately before the\n","sortOrder":162},{"sectionNumber":"133","sectionType":"section","heading":"NTCAT review limited to decisions made after commencement","content":"133 NTCAT review limited to decisions made after commencement\nSection 85, as inserted by section 13 of the amending Act, applies\nonly in relation to a reviewable decision that is made after the\n","sortOrder":163},{"sectionNumber":"134","sectionType":"section","heading":"Appeals not commenced before commencement","content":"134 Appeals not commenced before commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to appeal to the Local Court against a decision of\nthe Board under section 85 of the former Act; and\n(b) had not yet commenced an appeal against the decision.\n(2) The person may appeal to the Local Court against the decision in\naccordance with section 85 of the former Act, as if section 13 of the\namending Act had not commenced.\n(3) The Local Court must hear and determine the person's appeal in\naccordance with section 85 of the former Act, as if section 13 of the\namending Act had not commenced.\n\nPart XVI Transitional matters for Statute Law Amendment (NTCAT Conferral of\nAgents Licensing Act 1979 93\n","sortOrder":164},{"sectionNumber":"135","sectionType":"section","heading":"Appeals not determined before commencement","content":"135 Appeals not determined before commencement\n(1) Subsection (2) applies in relation to an appeal to the Local Court\nthat:\n(a) was commenced by a person under section 85 of the former\nAct; and\n(b) had not been finally determined by the Local Court before the\n(2) The Local Court must continue to hear and determine the person's\nappeal in accordance with section 85 of the former Act, as if\nsection 13 of the amending Act had not commenced.\n","sortOrder":165},{"sectionNumber":"136","sectionType":"section","heading":"Applications not made before commencement","content":"136 Applications not made before commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to make an application to the Local Court under\nsection 101 of the former Act in respect of a determination of\nthe Registrar; and\n(b) had not yet made an application in respect of the\ndetermination.\n(2) The person may make an application to the Local Court in respect\nof the determination in accordance with section 101 of the former\nAct, as if section 14 of the amending Act had not commenced.\n(3) The Local Court must hear and determine the person's application\nin accordance with section 101 of the former Act, as if section 14 of\nthe amending Act had not commenced.\n","sortOrder":166},{"sectionNumber":"137","sectionType":"section","heading":"Applications not determined before commencement","content":"137 Applications not determined before commencement\n(1) Subsection (2) applies in relation to an application to the Local\nCourt that:\n(a) was made by a person under section 101 of the former Act;\nand\n(b) had not been finally determined by the Local Court before the\n(2) The Local Court must continue to hear and determine the person's\napplication in accordance with section 101 of the former Act, as if\nsection 14 of the amending Act had not commenced.\n\nAgents Licensing Act 1979 94\nsection 5(2)(c)\n1. A licensed conveyancing agent may perform the following functions\nin respect of the sale and transfer of real property:\n(a) search land titles and dealings thereon and search for caveats\nagainst such dealings;\n(b) search and inquire at Government offices and at the offices of\nstatutory authorities and municipalities, and obtain certificates\ntherefrom, in respect of records, plans and policies and make\ninquiries with respect to adjustment of rates, taxes and other\noutgoings of a periodical nature in respect of the real estate\nthe subject of the transaction involved;\n(c) arrange for the preparation and execution of contracts of sale;\n(d) arrange and attend on settlement, including the exchange of\ndocuments and the receipt of money;\n(e) lodge documents at the Registry Office or other Government\noffices or the offices of statutory authorities for registration,\nand uplift such documents;\n(f) complete powers of attorney in such form and subject to such\nconditions as are prescribed;\n(g) draw or prepare, and arrange the execution of, the documents\nreferred to in clause 2;\n(h) report progress to the agent's client.\n2. A licensed conveyancing agent may, subject to section 31A, in\naddition to any document required for the purposes of the\nperformance of a function referred to in clause 1, draw or prepare\nthe following documents:\n(a) instruments (including caveats, leases, mortgages,\nencumbrances and restrictive covenants) and memoranda\nrelating to the sale and transfer of real property for lodgement\nor registration under the Land Title Act 2000, the Unit Titles\nAct 1975, the Unit Title Schemes Act 2009, the Crown Lands\nAct 1992 or any other Act dealing with the grant of title to\nCrown land;\n(aa) contracts for the sale of businesses;\n\nAgents Licensing Act 1979 95\n(b) statutory declarations to support documents mentioned in\nparagraph (a);\n(c) declarations of non-revocation of powers of attorney;\n(d) such other documents with the approval of the Board.\n\nAgents Licensing Act 1979 96\nsection 85\n1 A decision of the Board under\nsection 5A(1) to refuse a person's\napplication for an exemption\nThe person\n2 A decision of the Board under\nsection 29(1) to grant an application for a\nlicence, or to refuse an application for the\ngrant of a licence\nIf a person made an\nobjection under the\nsection 28(1), (2) or (3) –\nthe person who made the\n3 A decision of the Board under\nsection 30(2) to reject an objection made\nunder section 28(3)\nThe person who made the\n4 A decision of the Board under\nsection 31(4) to refuse to approve the\nsubstitution or addition of a business\nmanager of a company or firm\nThe applicant under\nsection 31(3)\n5 A decision of the Board under section 31A\nto refuse to authorise the endorsement of\na conveyancing agent's licence in relation\nto a service specified in section 31A(1)\nThe applicant for, or the\nholder of, the licence\n6 A decision of the Board under\nsection 32(3C) to approve, or to refuse to\napprove, the renewal of a licence\nThe holder of the licence\nThe Registrar\n7 A decision of the Board under\nsection 41A(1) to direct the Registrar to\nissue a certificate of restricted registration\nThe applicant for\nregistration\n8 A decision of the Board under\nsection 42(7) to reject an objection made\nunder section 42(3)\nThe person who made the\n\nAgents Licensing Act 1979 97\n9 A decision of the Board under\nsection 42(8) to register, or to refuse to\nregister, a person as an agent's\nrepresentative\nThe applicant for\nregistration\nIf a person made an\nobjection under\nsection 42(1), (2) or (3) –\nthe person who made the\n","sortOrder":167},{"sectionNumber":"10","sectionType":"section","heading":"A decision of the Board under","content":"10 A decision of the Board under\nsection 44(6) to reject an application made\nunder section 44(4)\n11 A decision of the Board under\nsection 44A(1) to suspend the registration\nof an agent's representative\nThe agent's representative\n12 A decision of the Board under\nsection 44B(1) to take, or to not take,\ndisciplinary action against an agent's\nrepresentative\nThe agent's representative\nIf an application for\ndisciplinary action to be\ntaken was made under\nsection 44(2), (3)\nor (4) – the applicant\n13 A decision of the Board under section 66\nto refuse to grant permission to a licensed\nagent to surrender the agent's licence\n14 A decision of the Board under\nsection 68(5) to reject an application made\nunder section 68(1), (2) or (3)\n15 A decision of the Board under\nsection 68A(1) to suspend a licence of a\nlicensed agent\n16 A decision of the Board under\nsection 69(1) to take, or to not take,\ndisciplinary action against a licensed\nagent, including a decision to take action\nunder section 69A(1)\nIf an application for\ndisciplinary action to be\ntaken was made under\nsection 68(1), (2)\nor (3) – the applicant\n17 A determination of the Registrar under\nsection 100(1)(a) or (b) in relation to an\napplication for compensation\n\nAgents Licensing Act 1979 98\n","sortOrder":168},{"sectionNumber":"18","sectionType":"section","heading":"A decision of the Registrar under","content":"18 A decision of the Registrar under\nsection 104(3) and (4) in relation to an\nagent's application for compensation\nThe agent\n","sortOrder":169},{"sectionNumber":"19","sectionType":"section","heading":"A decision of the Registrar under","content":"19 A decision of the Registrar under\nsection 111(1) to refuse to grant an\napproval to a licensed agent, or to grant\nan approval to a licensed agent subject to\nconditions\n\nAgents Licensing Act 1979 99\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLand and Business Agents Act 1979 (Act No. 57, 1979)\nAssent date 18 May 1979\nCommenced 9 November 1979 (Gaz G45, 9 November 1979, p 2)\nRemuneration (Statutory Bodies) Act 1979 (Act No. 9, 1980)\nAssent date 14 January 1980\nCommenced 8 February 1980 (Gaz G6, 8 February 1980, p 6)\nLand and Business Agents Act 1980 (Act No. 34, 1980)\nAssent date 19 March 1980\nCommenced 19 March 1980\nLand and Business Agents Amendment Act 1981 (Act No. 95, 1981)\nAssent date 8 December 1981\nCommenced 9 December 1981 (Gaz S25, 9 December 1981)\nLand and Business Agents Amendment Act 1982 (Act No. 87, 1982)\nAssent date 14 December 1982\nCommenced 14 December 1982\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2 s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nLand and Business Agents Amendment Act 1985 (Act No. 66, 1985)\nAssent date 24 December 1985\nCommenced 1 February 1986 (Gaz G3, 22 January 1986, p 8)\nLand and Business Agents Amendment Act 1986 (Act No. 2, 1986)\nAssent date 1 April 1986\nCommenced 15 July 1985 (s 2)\n\nAgents Licensing Act 1979 100\nStatute Law Revision Act 1986 (Act No. 64, 1986)\nAssent date 19 December 1986\nCommenced 19 December 1986\nStatute Law Revision Act (No. 2) 1987 (Act No. 59, 1987)\nAssent date 31 December 1987\nCommenced s 2: 1 July 1986; rem: 31 December 1987 (s 2)\nLocal Court (Consequential Amendments) Act 1989 (Act No. 14, 1989)\nAssent date 5 June 1989\nCommenced s 6: 5 June 1989; rem: 1 January 1991 (s 2, s 2 Small Claims\nAmendment Act 1988 (Act No. 43, 1988), Gaz G17,\n3 May 1989, p 2, s 2 Local Court Act 1989 (Act No. 31, 1989)\nand Gaz G49, 12 December 1990, p 2)\nLand and Business Agents Amendment Act 1989 (Act No. 74, 1989)\nAssent date 12 December 1989\nCommenced 1 February 1990 (Gaz G4, 31 January 1990, p 3)\nLand and Business Agents Amendment Act 1990 (Act No. 44, 1990)\nAssent date 20 September 1990\nCommenced ss 4, 18 to 20: 1 January 1992 (Gaz G44, 6 November 1991,\np 3); rem: 21 November 1990 (Gaz G46, 21 November 1990,\np 3)\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nStatute Law Revision Act 1991 (Act No. 31, 1991)\nAssent date 25 June 1991\nCommenced 25 June 1991\nLand and Business Agents Amendment Act 1991 (Act No. 79, 1991)\nAssent date 17 December 1991\nCommenced 10 August 1992 (Gaz S43, 4 August 1992)\nFinancial Institutions (NT) (Consequential Amendments) Act 1992 (Act No. 23, 1992)\nAssent date 2 June 1992\nCommenced 1 July 1992 (s 2, s 2 Financial Institutions (NT) Act 1992 (Act\nNo. 22, 1992)and Gaz S35, 30 June 1992)\nLand and Business Agents Amendment Act 1992 (Act No. 33, 1992)\nAssent date 25 June 1992\nCommenced ss 4(d), 7, 11, and 19: 1 January 1993 (Gaz G49,\n9 December 1992, p 7); rem: 10 August 1992 (Gaz S43,\n5 August 1992)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nAgents Licensing Amendment Act 1995 (Act No. 20, 1995)\nAssent date 26 June 1995\nCommenced 19 July 1995 (Gaz G29, 19 July 1995, p 2)\n\nAgents Licensing Act 1979 101\nTrustee (Consequential Amendments) Act 1996 (Act No. 8, 1996)\nAssent date 20 March 1996\nCommenced 26 February 1996 (s 2, s 2 Trustee Amendment Act\n(No. 2) 1995 (Act No. 60, 1995) and Gaz G7,\n14 February 1996, p 2)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nFinancial Institutions (Miscellaneous Amendments) Act 1997 (Act No. 23, 1997)\nAssent date 2 June 1997\nCommenced 2 June 1997\nAgents Licensing Amendment Act 1998 (Act No. 28, 1998)\nAssent date 30 March 1998\nCommenced 6 May 1998 (Gaz G17, 6 May 1998, p 2)\nTerritory Insurance Office (Miscellaneous Amendments) Act 1998 (Act No. 37, 1998)\nAssent date 27 May 1998\nCommenced 27 May 1998\nResidential Tenancies (Consequential Amendments) Act 1999 (Act No. 46, 1999)\nAssent date 10 November 1999\nCommenced 1 March 2000 (s 2, s 2 Residential Tenancies Act 1999 (Act\nNo. 45, 1990) and Gaz G8, 1 March 2000, p 2)\nStatute Law Revision Act (No. 2) 1999 (Act No. 48, 1999)\nAssent date 10 November 1999\nCommenced 10 November 1999\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nCorporations (Financial Services Reform Amendments) Act 2002 (Act No. 16, 2002)\nAssent date 7 June 2002\nCommenced 11 March 2002 (s 2, s 2 Financial Services Reform Act 2001\n(Cth) (Act No. 122, 2001), s 2 Corporations Act 2001 (Cth Act\nNo. 50, 2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\n\nAgents Licensing Act 1979 102\nAgents Licensing Amendment Act 2002 (Act No. 69, 2002)\nAssent date 11 December 2002\nCommenced s 22: nc (Act rep by Act No. 33, 2019 before comm); ss 9 and\n29: 1 July 2005 (Gaz G17, 27 April 2005, p 2);\nrem: 1 February 2003 (Gaz G4, 29 February 2003, p 4 (comm\nnotice in Gaz G2, 15 January 2003, p 5 – revoked by Gaz G4,\n29 January 2003, p 4))\nStatute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)\nAssent date 7 July 2003\nCommenced 7 July 2003\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 1 July 2004 (s 2(2), s 2 Business Tenancies (Fair Dealings)\nAct 2003 (Act No. 55, 2003) and Gaz G9, 3 March 2004, p 5)\nJustice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20, 2005)\nAssent date 6 May 2005\nCommenced 6 May 2005 (s 2(2))\nAssembly Members and Statutory Officers (Remuneration and Other Entitlements)\nAct 2006 (Act No. 7, 2006)\nAssent date 26 April 2006\nCommenced 26 April 2006\nJustice Legislation Amendment Act 2006 (Act No. 13, 2006)\nAssent date 18 May 2006\nCommenced 18 May 2006 (s 2(1))\nJustice Legislation Amendment Act 2007 (Act No. 5, 2007)\nAssent date 24 April 2007\nCommenced s 37 (except amd of Criminal Code and Legal Profession\nAct 2006): 1 May 2007 (s 2(1), s 2 Victims of Crime\nAssistance Act 2006 (Act No. 15, 2006) and Gaz G17,\n26 April 2007, p 7); rem: 24 April 2007\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007; rem: 17 May 2007 (Gaz G26,\n27 June 2007, p 3)\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\n\nAgents Licensing Act 1979 103\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz, S2, 24 January 2012);\nrem: 25 November 2011 (Gaz S68, 25 November 2011)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nConsumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010\n(Act No. 41, 2010)\nAssent date 8 December 2010\nCommenced 1 January 2011 (Gaz S71, 20 December 2010)\nBusiness Names (National Uniform Legislation) Implementation Act 2012 (Act No. 8,\n2012)\nAssent date 27 April 2012\nCommenced pts 3 and 4: 28 May 2012 (Cth proclamation F2012L00891:\n19 April 2012) ; rem: 27 April 2012 (s 2)\nAgents Licensing Amendment Act 2015 (Act No. 27, 2015)\nAssent date 8 December 2015\nCommenced 8 December 2015\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nRed Tape Reduction (Miscellaneous Amendments) Act 2016 (Act No. 12, 2016)\nAssent date 10 May 2016\nCommenced 1 July 2016 (Gaz G26, 29 June 2016, p 2)\nTraining and Skills Development Act 2016 (Act No. 25, 2016)\nAssent date 29 June 2016\nCommenced 4 July 2016 (Gaz S61, 4 July 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\n\nAgents Licensing Act 1979 104\nAgents and Land Legislation Amendment Act 2019 (Act No. 6, 2019)\nAssent date 28 March 2019\nCommenced ss 3 to 5, 9 and 10, pts 3 to 5, ss 17, 25 to 27, 29, 33 and 34:\n1 May 2019 (Gaz G18, 1 May 2019, p 4);\nrem: 1 September 2019 (Gaz G26, 26 June 2019, p 7 and\nGaz G30, 24 July 2019, p 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,\n2022)\nAssent date 14 April 2022\nCommenced pt 7:25 May 2023 (Gaz G11, 25 May 2023, p 2);\nrem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)\nJustice and Licensing Legislation Amendment Act 2022 (Act No. 6, 2022)\nAssent date 14 April 2022\nCommenced pt 6: 1 May 2022; rem: 1 July 2022 (Gaz S17, 27 April 2022)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\nStatute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023)\nAssent date 21 September 2023\nCommenced 27 November 2023 (Gaz G24, 23 November 2023, p 2)\nTrade, Business and Asian Relations Legislation Amendment (Streamlining Licensing\nSchemes and Other Matters) Act 2026 (Act No. 2, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 16 Land and Business Agents Amendment Act 1985 (Act No. 66, 1985)\ns 5(3) Land and Business Agents Amendment Act 1989 (Act No. 74, 1989)\ns 23 Land and Business Agents Amendment Act 1992 (Act No. 33, 1992)\ns 5(5) Statute Law Revision Act (No. 2) 1999 (Act No. 48, 1999)\ns 37 Agents Licensing Amendment Act 2002 (Act No. 69, 2002)\nPart XI ceased to operate on 1 March 1990, Gaz G8, 28 February 1990, p 6\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 5B, 7, 20, 29, 31AA, 50,\n92, 95B and 127 and sch.\n\nAgents Licensing Act 1979 105\n5 LIST OF AMENDMENTS\ns 1 sub No. 79, 1991, s 4\ns 4 amd No. 95, 1981, s 4; No. 23, 1997, s 6; No. 37, 1998, s 2; No. 69, 2002,\ns 36; No. 29, 2010, s 7\ns 5 amd No. 34, 1980, s 3; No. 66, 1985, s 4; No. 2, 1986, s 3; No. 64, 1986, s 2;\nNo. 59, 1987, s 2; No. 74, 1989, s 4; No. 44, 1990, s 4; No. 59, 1990, s 4;\nNo. 31, 1991, s 14; No. 79, 1991, s 5; No. 23, 1992, s 4; No. 33, 1992, s 4;\nNo. 8, 1996, s 3; No. 23, 1997, s 6; No. 37, 1998, s 2; No. 17, 2001, s 21;\nNo. 69, 2002, s 4; No. 44, 2003, s 5; No. 7, 2007, s 16; No. 6, 2008, s 3;\nNo. 14, 2009, s 118; No. 29, 2010, s 7; No. 8, 2016, s 4; No. 33, 2019, s 5;\nNo. 5, 2022, s 4; No. 24, 2023, s 4\ns 5A ins No. 44, 1990, s 5\nsub No. 24, 2023, s 5\ns 5B ins No. 44, 1990, s 5\namd No. 14, 2009, s 119\ns 6 amd No. 33, 2019, s 6\ns 7 amd No. 79, 1991, s 6; No. 50, 1994, s 16; No. 3, 2001, s 8; No. 69, 2002,\ns 5; No. 44, 2003, s 5; No. 7, 2007, s 16; No. 29, 2010, s 7; No 27, 2015, s 3;\nNo. 5, 2022, s 5; No. 6, 2022, s 8; No. 24, 2023, s 6\ns 7A ins No. 44, 1990, s 6\ns 8 amd No. 66, 1985, s 5; No. 79, 1991, s 19; No. 69, 2002, s 36; No. 4, 2023,\ns 23\ns 9 amd No. 44, 1990, s 7; No. 69, 2002, s 36; No. 44, 2003, s 5; No. 29, 2010,\ns 7; No. 4, 2017, s 34\ns 10 rep No. 9, 1980, s 6\ns 12 amd No. 69, 2002, s 6; No. 29 2010, s 7\ns 13 amd No. 69, 2002, s 36\ns 14 amd No. 44, 1990, s 8; No. 69, 2002, s 36; No. 29, 2010, s 7; No. 5, 2022, s 6\ns 15 amd No. 69, 2002, s 36; No. 12, 2010, s 3\ns 16 amd No. 29, 2010, s 7\ns 17 amd No. 44, 1990, s 9; No. 79, 1991, s 7; No. 33, 1992, s 5; No. 18, 2002, s 6\nsub No. 69, 2002, s 7\ns 18 rep No. 5, 2022, s 7\ns 19 amd No. 69, 2002, s 36\nrep No. 5, 2022, s 7\ns 20 rep No. 79, 1991, s 19\nins No. 69, 2002, s 8\namd No. 44, 2003, s 5; No. 29, 2010, s 7; No. 5, 2022, s 8\ns 21 rep No. 79, 1991, s 19\ns 22 sub No. 79, 1991, s 8\namd No. 28, 1998, s 4\nsub No. 69, 2002, s 9\namd No. 29 2010, s 7\nsub No. 5, 2022, s 9\ns 22A ins No. 69, 2002, s 10\namd No. 6, 2019, s 4\nsub No. 5, 2022, s 9\ns 23 rep No. 69, 2002, s 11\ns 23A ins No. 95, 1981, s 5\namd No. 79, 1991, s 19\nsub No. 69, 2002, s 12\ns 24 amd No. 79, 1991, s 9\nsub No. 33, 1992, s 6\n\nAgents Licensing Act 1979 106\ns 25 sub No. 66, 1985, s 6\namd No. 48, 1999, s 3; No. 69, 2002, s 13; No. 29, 2010, s 7; No. 24, 2023,\ns 7\ns 25A ins No. 44, 1990, s 10\ns 26 amd No. 95, 1981, s 6; No. 69, 2002, s 36; No. 29, 2010, s 7; No. 12, 2016,\ns 4; No. 5, 2022, s 10\ns 27 amd No. 95, 1981, s 7; No. 69, 2002, s 36; No. 29, 2010, s 7; No. 12, 2016,\ns 5; No. 5, 2022, s 11; No. 24, 2023, s 8\ns 28 amd No. 69, 2002, s 36; No. 5, 2022, s 12\ns 29 amd No. 28, 1998, s 5; No. 69, 2002, s 36; No. 5, 2007, s 4; No. 29, 2010,\ns 7; No. 12, 2016, s 6; No. 25, 2016, s 112\ns 31 amd No. 95, 1981, s 8; No. 44, 1990, s 11; No. 69, 2002, s 36; No. 8, 2016,\ns 5; No. 5, 2022, s 13; No. 24, 2023, s 9\ns 31AA ins No. 12, 2016, s 7\ns 31A ins No. 69, 2002, s 14\ns 31B ins No. 69, 2002, s 14\namd No. 6, 2019, s 4; No. 5, 2022, s 14\ns 32 amd No. 95, 1981, s 9; No. 33, 1992, s 7; No. 28, 1998, s 6; No. 69, 2002,\ns 15; No. 29, 2010, s 7; No. 12, 2016, s 8; No. 5, 2022, s 15; No. 24, 2023,\ns 10; No. 2, 2026, s 4\ns 32A ins No. 95, 1981, s 10\nrep No. 69, 2002, s 16\ns 32B ins No. 28, 1998, s 7\namd No. 69, 2002, s 36; No. 12, 2010, s 3; No. 5, 2022, s 16\ns 32C ins No. 69, 2002, s 17\nss 33 – 36 amd No. 69, 2002, s 36; No. 12, 2010, s 3\ns 37 amd No. 5, 2022, s 17; No. 2, 2026, s 5\ns 39 amd No. 28, 1998, s 8; No. 69, 2002, s 36; No. 29, 2010, s 7; No. 5, 2022,\ns 18\ns 40 rep No. 33, 1992, s 8\ns 41 amd No. 33, 1992, s 9; No. 28, 1998, s 9; No. 69, 2002, s 36; No. 5, 2022,\ns 19\ns 41A ins No. 44, 1990, s 12\ns 42 amd No. 33, 1992, s 10; No. 69, 2002, s 36; No. 5, 2022, s 20\ns 43 amd No. 69, 2002, s 36\ns 43A ins No. 34, 1980, s 4\nsub No. 33, 1992, s 11\namd No. 28, 1998, s 10; No. 5, 2022, s 21\nsub No. 2, 2026, s 6\ns 44 amd No. 34, 1980 s 5; No. 44, 1990, s 13; No. 17, 1996, s 6\nsub No. 28, 1998, s 11\namd No. 44, 2003, s 5; No. 33, 2019, s 7\ns 44A ins No. 28, 1998, s 11\ns 44B ins No. 28, 1998, s 11\namd No. 20, 2005, s 7; No. 29, 2010, s 7; No. 24, 2023, s 11\ns 44C ins No. 28, 1998, s 11\ns 46 amd No. 69, 2002, s 36\ns 47 amd No. 69, 2002, s 36; No. 12, 2010, s 3; No. 5, 2022, s 22\ns 48 amd No. 69, 2002, s 36; No. 12, 2010, s 3\ns 49 amd No. 95, 1981, s 11; No. 69, 2002, s 36\ns 50 amd No. 74, 1989, s 5; No. 33, 1992, s 22; No. 23, 1997, s 6; No. 46, 1999,\ns 3; No. 69, 2002, s 36; No. 18, 2004, s 3; No. 29, 2010, s 7; No. 8, 2012,\ns 30; No. 4, 2017, s 34\ns 51 amd No. 33, 1992, s 12; No. 23, 1997, s 6; No. 69, 2002, s 36; No. 20, 2005,\ns 8; No. 12, 2010, s 3; No. 4, 2017, s 34\ns 52 amd No. 44, 2003, s 5; No. 29, 2010, s 7\ns 54 amd No. 23, 1997, s 6; No. 69, 2002, s 18; No. 4, 2017, s 34\n\nAgents Licensing Act 1979 107\ns 55 amd No. 69, 2002, s 36; No. 12, 2010, s 3; No. 29, 2010, s 7; No. 33, 2019,\ns 8\ns 56 amd No. 33, 1992, s 13; No. 20, 2005, s 9; No. 12, 2010, s 3\ns 57 amd No. 69, 2002, s 36; No. 44, 2003, s 5; No. 12, 2010, s 3\ns 59 amd No. 33, 1992, s 14; No. 69, 2002, s 36; No. 20, 2005, s 10; No. 12,\n2010, s 3\ns 60 amd No. 69, 2002, s 36; No. 1, 2004, s 62; No. 12, 2010, s 3; No. 29, 2010,\ns 7\ns 61 amd No. 69, 2002, s 36; No. 12, 2010, s 3\ns 62 amd No. 33, 1992, s 22; No. 69, 2002, s 19; No. 12, 2010, s 3; No. 29, 2010,\ns 7\ns 63 amd No. 69, 2002, s 20; No. 12, 2010, s 3; No. 29, 2010, s 7\ns 64 amd No. 79, 1991, s 10; No. 28, 1998, s 12; No. 69, 2002, s 36; No. 12,\n2010, s 3; No. 29, 2010, s 7\ns 64A ins No. 69, 2002, s 21\nsub No. 33, 2019, s 9\ns 65 amd No. 66, 1985, s 7; No. 79, 1991, s 11; No. 33, 1992, s 15; No. 17, 1996,\ns 6; No. 29, 2010, s 7; No. 33, 2019, s 10\npt VIA hdg ins No. 28, 1998, s 13\ns 65A ins No. 28, 1998, s 13\ns 65B ins No. 28, 1998, s 13\nss 65C – 65D ins No. 28, 1998, s 13\ns 65E ins No. 69, 2002, s 23\ns 66 amd No. 69, 2002, s 36\ns 67 amd No. 95, 1981, s 12; No. 66, 1985, s 8; No. 44, 1990, s 14; No. 79, 1991,\ns 12; No. 17, 1996, s 6; No. 69, 2002, s 24; No. 29, 2010, s 7; No. 2, 2026,\ns 7\ns 68 amd No. 44, 1990, s 15; No. 33, 1992, s 16; No. 28, 1998, s 14; No. 69,\n2002, s 36; No. 44, 2003, s 5; No. 29, 2010, s 7; No. 5, 2022, s 23\ns 68A ins No. 66, 1985, s 9\ns 69 amd No. 66, 1985, s 10; No. 44, 1990, s 16; No. 28, 1998, s 15; No. 20,\n2005, s 11; No. 29, 2010, s 7; No. 33, 2019, s 11; No. 24, 2023, s 12\ns 69A ins No. 95, 1981, s 13\namd No. 79, 1991, s 19; No. 69, 2002, s 36\ns 71 amd No. 95, 1981, s 14; No. 79, 1991, s 19; No. 29, 2010, s 7; No. 4, 2023,\ns 23\ns 72 amd No. 69, 2002, s 36\ns 73 amd No. 23, 1997, s 6; No. 69, 2002, s 25; No. 4, 2017, s 34\ns 73A ins No. 95, 1981, s 15\ns 75 amd No. 95, 1981, s 16; No. 33, 1992, s 22; No. 44, 2003, s 5\ns 77 amd No. 44, 1990, s 17; No. 28, 1998, s 16; No. 69, 2002, s 36; No. 40,\n2010, s 118\ns 78 amd No. 69, 2002, s 3; No. 29, 2010, s 7\ns 79 amd No. 69, 2002, s 3; No. 12, 2010, s 3\ns 80 amd No. 69, 2002, s 3; No. 12, 2010, s 3; No. 40, 2010, s 118\nss 81 – 82 amd No. 69, 2002, s 36\ns 84A ins No. 28, 1998, s 17\namd No. 5, 2022, s 24\ns 84B ins No. 28, 1998, s 17\npt X hdg amd No. 8, 2016, s 6\nsub No. 24, 2023, s 13\ns 85 amd No. 14, 1989, s 7; No. 29, 2010, s 7; No. 8, 2016, s 7\nsub No. 24, 2023, s 13\npt XI hdg rep No. 31, 1991, s 14\n\nAgents Licensing Act 1979 108\ns 86 sub No. 95, 1981, s 17\nrep No. 31, 1991, s 14\nss 87 – 89 rep No. 31, 1991, s 14\npt XII hdg sub No. 74, 1989, s 6\ndiv 1 hdg sub No. 74, 1989, s 6; No. 13, 2006, s 4\ns 90 amd No. 66, 1985, s 11\nrep No. 74, 1989, s 6\ns 91 rep No. 74, 1989, s 6\ns 92 amd No. 66, 1985, s 12; No. 74, 1989, s 6; No. 44, 1990, s 18; No. 33, 1992,\ns 22; No. 20, 1995, s 3\nsub No. 69, 2002, s 26\namd No. 44, 2003, s 5; No. 25, 2016, s 112; No. 26, 2020, s 3; No. 6, 2022,\ns 9\ns 93 amd No. 95, 1981, s 18; No. 87, 1982, s 2\nrep No. 74, 1989, s 6\nins No. 13, 2006, s 5\namd No. 41, 2010, s 30\ndiv 2 hdg sub No. 33, 1992, s 17\ns 94 amd No. 66, 1985, s 13; No. 74, 1989, s 6; No. 79, 1991, s 19\namd No. 20, 1995, s 4; No. 29, 2010, s 7; No. 6, 2019, s 6\ns 95 amd No. 34, 1980, s 6; No. 74, 1989, s 6; No. 44, 1990, s 19\namd No. 69, 2002, s 36; No. 29, 2010, s 7\nsub No. 6, 2019, s 7\ns 95AA ins No. 6, 2019, s 7\ndiv 2A hdg ins No. 66, 1985, s 14\nrep No. 33, 1992, s 17\ns 95A ins No. 66, 1985, s 14\namd No. 6, 2019, s 8\ns 95AB ins No. 6, 2019, s 9\ns 95B ins No. 66, 1985, s 14\namd No. 74, 1989, s 6\namd No. 20, 1995, s 5; No. 69, 2002, s 27; No. 44, 2003, s 5; No. 7, 2006,\ns 30; No. 13, 2006, s 6; No. 29, 2010, s 7; No. 6, 2022, s 9\nss 95C – 95D ins No. 66, 1985, s 14\nrep No. 33, 1992, s 17\ns 96 amd No. 95, 1981, s 19; No. 33, 1992, s 18; No. 29, 2010, s 7\nss 98 – 99 amd No. 69, 2002, s 36\ns 100 amd No. 33, 1992, s 22; No. 17, 1996, s 6; No. 69, 2002, s 36\ns 101 amd No. 14, 1989, s 7\nrep No. 24, 2023, s 14\ns 102 amd No. 33, 1992, s 22; No. 69, 2002, s 28; No. 6, 2022, s 9\ns 104 amd No. 33, 1992, s 22; No. 69, 2002, s 36; No. 6, 2022, s 9\ns 105 amd No. 69, 2002, s 36\ns 107 amd No. 33, 1992, s 22; No. 69, 2002, s 36; No. 6, 2022, s 9\ns 108 amd No. 33, 1992, s 22; No. 69, 2002, s 36; No. 44, 2003, s 5; No. 6, 2022,\ns 9\npt XIIA hdg ins No. 44, 1990, s 20\ns 108A ins No. 44, 1990, s 20\namd No. 79, 1991, s 13\n\nAgents Licensing Act 1979 109\ns 108B ins No. 44, 1990, s 20\ns 108C ins No. 44, 1991, s 14\namd No. 5, 2022, s 25\nss 108D –\n108E ins No. 69, 2002, s 29\npt XIIB hdg ins No. 69, 2002, s 30\ns 108F ins No. 69, 2002, s 30\namd No. 1, 2004, s 62; No. 29, 2010, s 7; No. 33, 2019, s 12\ns 108G ins No. 69, 2002, s 30\namd No. 12, 2010, s 3; No. 29, 2010, s 7; No. 33, 2019, s 13\ns 108H ins No. 69, 2002, s 30\namd No. 33, 2019, s 14; No. 5, 2022, s 26\ns 108J ins No. 5, 2022, s 27\ns 109 amd No. 79, 1991, s 15; No. 29, 2010, s 7\ns 110 amd No. 66, 1985, s 15\nsub No. 69, 2002, s 31\ns 110A ins No. 69, 2002, s 31\ns 111 amd No. 95, 1981, s 20; No. 69, 2002, s 36; No. 12, 2010, s 3; No. 2, 2026,\ns 8\ns 111A ins No. 30, 2010, s 24\ns 112 amd No. 79, 1991, s 19; No. 69, 2002, s 36; No. 12, 2010, s 3\ns 113 amd No. 69, 2002, s 36; No. 12, 2010, s 3\ns 114 amd No. 79, 1991, s 19; No. 69, 2002, s 36; No. 12, 2010, s 3; No. 33, 2019,\ns 15\nss 115 – 117 amd No. 69, 2002, s 36; No. 12, 2010, s 3\ns 118 amd No. 69, 2002, s 36; No. 44, 2003, s 5; No. 12, 2010, s 3; No. 33, 2019,\ns 16\ns 119 amd No. 69, 2002, s 36; No. 44, 2003, s 5; No. 12, 2010, s 3\ns 120 amd No. 69, 2002, s 36; No. 12, 2010, s 3\ns 121 amd No. 79, 1991, s 16; No. 33, 2019, s 17\ns 121A ins No. 33, 1992, s 19\namd No. 17, 1996, s 6; No. 16, 2002, s 7\nsub No. 69, 2002, s 32\ns 121B ins No. 33, 1992, s 19\nrep No. 69, 2002, s 32\ns 122 amd No. 33, 1992, s 20\nrep No. 6, 2019, s 10\ns 123 amd No. 69, 2002, s 36\ns 125 amd No. 69, 2002, s 36; No. 12, 2010, s 3; No. 8, 2016, s 8; No. 24, 2023,\ns 15\ns 125A ins No. 95, 1981, s 21\namd No. 17, 1996, s 6\nrep No. 8, 2016, s 9\ns 125AA ins No. 28, 1998, s 18\namd No. 10, 2018, s 6\ns 125B ins No. 68, 1983, s 116\namd No. 33, 1992, s 21\ns 126 amd No. 69, 2002, s 33\ns 126A ins No. 5, 2022, s 28\ns 127 amd No. 44, 1990, s 21; No. 31, 1991, s 14; No. 79, 1991, s 17; No. 69,\n2002, s 34; No. 14, 2009, s 120; No. 29, 2010, s 7; No. 33, 2019, s 18\npt XIV hdg ins No. 33, 2019, s 19\n\nAgents Licensing Act 1979 110\ns 128 rep No. 79, 1991, s 19\nins No. 33, 2019, s 19\npt XV hdg ins No. 5, 2022, s 29\nss 129 – 131 ins No. 5, 2022, s 29\npt XVI hdg ins No. 24, 2023, s 16\nss 132 – 137 ins No. 24, 2023, s 16\nsch hdg amd No. 24, 2023, s 17\nsch ins No. 79, 1991, s 18\namd No. 28, 1998, s 19; No. 45, 2000, s 11; No. 18, 2002, s 6; No. 69, 2002,\ns 35; No. 14, 2009, s 121; No. 29, 2010, s 7\nsch 2 ins No. 24, 2023, s 18","sortOrder":170}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's operational scope has materially broadened since its original enactment.  The text as in force incorporates significant additions beyond a basic licensing and registration scheme: an Agents Licensing Fidelity Guarantee Fund with contribution, levy and compensation mechanisms (ss 94–105; ss 106–108); a mandatory indemnity insurance regime for most licensed agents and powers to approve insurance policies (Part XIIA, ss 108A–108E); express conflict-of-interest prohibitions and a statutory disclosure/cooling-off process for agents who wish to buy or sell client property (Part XIIB, ss 108F–108J); competency-based training and course-approval powers (ss 22A, 31B); and procedural updates including publication of Board findings and conferral of review jurisdiction on NTCAT (ss 84A, 85; Schedule 2).  These additions expand regulatory reach into financial backstops, professional indemnity, education and conflicts, increasing compliance duties and financial obligations on licence-holders relative to the Act's original, narrower licensing focus."},"complexity_factors":["Length and scope: many Parts covering licensing, trust accounts, audits, inquiries, a Fidelity Fund, indemnity insurance and conflicts rules (multiple Parts and Schedules).","Discretion and approvals: extensive delegated discretion to the Board, Registrar and Minister (approvals of courses, indemnity policies, exemptions, Fund use) (ss 5A; 16; 22A; 108C; 94(6)).","Interlocking compliance regimes: combined obligations for licences, trust accounting, annual audits, insurance and Fund contributions (ss 17; 49–63; ss 59; 108A–108B; ss 106–108).","Administrative processes and remedies: objections, inquiries, suspensions, disciplinary powers and an external review route (ss 28–31; ss 68–69; s 85; Schedule 2).","Detailed record and reporting requirements with criminal and regulatory penalties (ss 55–63; s 61; s 125B).","Multiple actor types and tailored rules: distinct rules for natural persons, companies, firms, conveyancing agents, agent's representatives and business managers (ss 20; 25; 31A; Part IV; ss 110–111A).","Financial rules and limits: Fidelity Fund payment caps, levy mechanics and year-by-year contribution rules create financial allocation complexity (ss 102–108).","Transitional and amendment history embedded in the Act (multiple amendment provisions and transitional parts), increasing interpretive complexity (Transitional Parts XIV–XVI and Endnotes)."],"plain_english_summary":"### What this law does, in plain terms\n\n- Sets out who may act as a real estate agent, business agent or conveyancing agent in the Northern Territory and makes it an offence to act in those capacities unless licensed or registered (s 17, s 33).  Only licensed agents and registered agent's representatives may carry out the relevant functions (s 17, s 33–36).\n\n- Creates the Agents Licensing Board to decide licence and registration applications, hold inquiries and impose disciplinary penalties (Part II; ss 6–16; ss 67–69).  The Board can delegate many of its powers (s 16) and may grant exemptions in particular cases (s 5A).\n\n- Specifies who is eligible for licences and registrations, including fit-and-proper tests, minimum age, approved education or experience, provisional and restricted licences, and recognition of like licences from other States/Territories (ss 20, 22, 22A, 23A, 24, 25A, 41A).\n\n- Requires licensed agents to maintain trust accounts, keep detailed accounting records, provide receipts, undergo annual audits, make records available to inspectors and follow rules for handling trust money (ss 49–56; ss 58–63; s 64).  Inspectors have powers to inspect and copy records (s 64).\n\n- Establishes disciplinary and enforcement processes: objections, inquiries, suspensions pending inquiry, fines, suspension or revocation of licences or registrations, and a right to review specified Board and Registrar decisions by NTCAT (Divisions 2–3 of Part III; Part IV; ss 67–70; s 85; Schedule 2).\n\n- Establishes and operates a Fidelity Guarantee Fund to compensate persons who suffer loss from defalcation or misappropriation by agents, and sets contributions, levies and limits on payments (Part XII; ss 94–105; ss 106–108).\n\n- Requires most licensed agents to hold approved indemnity insurance and empowers the Board to approve policies and insurers; allows industry representative organisations to arrange approved policies for members (Part XIIA; ss 108A–108E).\n\n- Creates specific conflicts-of-interest rules: an agent generally must not buy from or sell to a client unless disclosure is made in an approved form and the client is given a 7‑day cooling-off right (Part XIIB; ss 108F–108J).\n\n- Prescribes conduct and agreement requirements: the Minister may prescribe mandatory terms and forms for agent–client agreements and the Board may set rules of conduct; conveyancing agents have special endorsement and service limits (Part VI, Part VIA, ss 31A–31B, 65A–65E).\n\n- Requires licensed agents to maintain an Australian office and appoint business managers for offices (ss 110–111A); imposes advertising and display obligations and limits on commission-sharing and licence transferability (ss 111A, 112, 119–121, 111A).\n\n\nWhy it matters (official purpose-claims and how they map to costs and incentives)\n\n- The Act is presented as regulating who may act as an agent, protecting client trust money, ensuring professional competence, and providing a compensation mechanism where clients suffer loss (see objects through licensing, trust account rules, audits, Fidelity Fund provisions and the indemnity insurance regime: ss 17; 49–63; ss 94–105; ss 108A–108E).\n\n- Who pays: licensed agents and their registered representatives fund the system through application and licence fees, annual contributions and possible levies to the Fidelity Fund (ss 26–27; ss 106–108).  Agents also pay for audits (s 59(2B)), approved training or competency assessments (ss 22, 22A, 29(2A)–(2B)), and indemnity insurance premiums (s 22(1)(d); Part XIIA).\n\n- Compliance burden and paperwork: the Act requires timely notification of account openings and changes (s 51; s 31AA), detailed accounting records kept for at least six years (s 55), duplicate receipt systems (s 56), annual audits (s 59), and readiness to produce records to inspectors or the Board (s 61; s 64).  These are recurring operational costs and administrative duties for agents.\n\n- Incentives and enforcement: criminal and civil penalties attach to unlicensed practice (s 17), record-keeping failures (s 55), breaches of conduct (s 65), conflicts of interest (ss 108G–108J) and failure to hold required insurance (s 108B).  The Board has powers to suspend licences pending inquiry (ss 68A, 44A) and to require repayment of profits obtained through rule breaches (s 69A).\n\n- Bureaucratic discretion and delegated powers: the Board and Registrar hold substantial discretionary authority — to approve courses and insurance policies (ss 22A, 31B, 108C), to grant exemptions (s 5A), to publish conduct rules (s 64A), to use Fund money for education or industry grants (ss 92–93) and to manage Fund investments subject to Ministerial determinations (s 94(6)).  Delegation, publication and approval powers create room for regulatory decision-making that affects market participants' options and costs (s 16; ss 22A(2)–(4); s 108C(4)).\n\n- Trade-offs and opportunity costs: the regime reduces the risk to clients of misappropriation through trust-account rules, audits, fidelity compensation and insurance, but it raises entry and operating costs for agents (licensing fees, education, audits and insurance).  Those costs may affect small operators and may influence whether persons choose to enter or remain in the business (ss 22, 23A; ss 106–108; s 59).\n\n- Concentrated benefits and allocation of Fund money: the Fidelity Fund compensates victims (ss 96–105), while the Act also authorises using Fund surpluses for approved educational schemes and grants to industry bodies (ss 92–93).  That mechanism concentrates benefits in identifiable recipients (claimants, approved training organisations, or industry bodies subject to Ministerial and Board approval).\n\n- Effects on private choice and business arrangements: the Act limits who can act as an agent, requires business managers for offices (ss 110A–111), restricts agents from purchasing/selling clients' property without disclosure and a cooling-off period (ss 108G–108H), and bans commission-sharing with unlicensed persons (s 112).  These rules change the feasible contracts and commercial relationships agents may lawfully enter into.\n\n\nKey implementation and compliance risks\n\n- Administrative workload for the Board and Registrar: processing applications, objections, audits, inquiries, Fund claims and approvals (many provisions across Parts II, III, V, IX, XII).\n\n- Enforcement intensity: the system relies on audits, inspections and Board inquiries (ss 59–63; s 64; Part IX).  Agents bear the cost of compliance; failure risks fines, licence suspension or revocation (ss 69, 69A).\n\n- Interaction with insurance and Fund: indemnity insurance is required (Part XIIA) but the Fund remains a backstop (s 108E).  Coordination between insurers, auditors, the Board and the Fund is needed to manage overlapping claims and payments (ss 102–105; s 108E).\n\n\nSections cited above: ss 6, 16–17, 20, 22–24, 25A, 26–31, 31A–31B, 31AA, 32–33, 41–41A, 44–45, 49–56, 58–64, 65–66, 67–70, 71–76, 77–84A, 85, 92–95B, 96–105, 106–108, 108A–108E, 108F–108J, 110–111A, 112, 119–121."},"issue_detection":{"absurdities":[],"contradictions":[{"severity":"high","section_a":"31A(4)(b)","section_b":"31A(5)(a)","confidence":0.96,"description":"For the same service, a person found competent through qualifications and experience but not entitled through an approved training course must receive both a permission and a non-permission endorsement.","source_quotes":["(b) is, by reason of his or her qualifications and experience,\ncompetent to provide a service specified in subsection (1),\nthe Board must authorise the endorsement of the licence under\nsubsection (1) with a statement to the effect that the holder of the\nlicence is permitted to provide the service.","(a) is not entitled under subsection (3) to have his or her licence\nendorsed in relation to a service specified in subsection (1); or","the Registrar must endorse the licence with a statement to the\neffect that the holder of the licence is not permitted to provide the\nservice."]}]},"kimi_summary":{"_metrics":{"completionTokens":838},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1979 scope. Originally focused on land and business agents, it has expanded to include: conveyancing agents (added 2002), a comprehensive indemnity insurance scheme (Part XIIA, 1990/2002), detailed conflict of interest provisions (Part XIIB, 2002), prescribed terms for client agreements (Part VIA, 1998), and multiple transitional schemes for tribunal jurisdiction transfers (Part XVI, 2023). The Fidelity Fund has also evolved from simple compensation to include educational grants and industry body funding."},"complexity_factors":["Multiple overlapping categories of regulated persons (real estate agents, business agents, conveyancing agents, agent's representatives, business managers)","Extensive cross-referencing between Parts (e.g., 'fit and proper person' test in s.20 used in multiple eligibility sections)","Nested conditional logic in disqualification provisions (s.20) with multiple exceptions and Board discretion","Detailed trust accounting requirements with specific technical rules (ss.49-63)","Parallel disciplinary schemes for agents (Part VII) and representatives (Part IV) with similar but not identical procedures","Fidelity Fund compensation scheme with complex eligibility, time limits and subrogation rules (Part XII)","Multiple transitional provisions across four different amending Acts (Parts XIV-XVI)","Schedule-based definitions (Schedule 1 for conveyancing functions, Schedule 2 for reviewable decisions)","Board composition varies by matter type (s.7(1) vs 7(1A) for conveyancing vs auctioneering matters)","Extensive amendment history showing evolutionary complexity (over 40 amending Acts since 1979)"],"plain_english_summary":"This is the **Agents Licensing Act 1979** of the Northern Territory, which regulates three types of agents: **real estate agents**, **business agents**, and **conveyancing agents** (who handle property transfers and related legal documents).\n\n**What it does:**\n- **Licenses agents**: Sets up a system where individuals, companies and firms must be licensed by the Agents Licensing Board to legally operate as agents. Unlicensed operation carries heavy penalties (up to 2,500 penalty units for corporations).\n- **Registers representatives**: Requires employees who negotiate deals on behalf of licensed agents to be registered as \"agent's representatives\".\n- **Protects client money**: Mandates that all money received by agents on behalf of clients (called \"trust money\") must be held in separate trust accounts at authorised deposit-taking institutions (ADIs like banks). These funds are protected from the agent's creditors.\n- **Requires audits and inspections**: Licensed agents must have their trust account records audited annually by qualified auditors, and government inspectors can examine records at any time.\n- **Establishes a Fidelity Fund**: Creates a compensation scheme funded by agent contributions that pays out to clients who lose money due to agent theft or fraud (defalcation), with caps on payouts.\n- **Sets conduct rules**: The Board can prescribe rules of conduct, and breaches can lead to disciplinary action including fines, suspension or revocation of licences.\n- **Requires professional insurance**: Agents must hold approved indemnity insurance.\n- **Prevents conflicts of interest**: Restricts agents from buying property from or selling property to their own clients unless full disclosure is made and clients have a 7-day cooling-off period.\n\n**Who it affects:**\n- Anyone wanting to work as a real estate agent, business broker, or conveyancer in the NT\n- Clients who use these services (buyers, sellers, landlords, tenants, business purchasers)\n- The Agents Licensing Board (a statutory body that makes licensing decisions and conducts disciplinary inquiries)\n\n**Why it matters:**\nThe Act creates a comprehensive consumer protection framework. It ensures only qualified and trustworthy people can handle significant financial transactions for others, protects client funds from misuse, provides a safety net if things go wrong, and maintains professional standards through ongoing oversight and disciplinary powers."}},"importantCases":[],"_links":{"self":"/api/acts/agents-licensing-act-1979","history":"/api/acts/agents-licensing-act-1979/history","analysis":"/api/acts/agents-licensing-act-1979/analysis","conflicts":"/api/acts/agents-licensing-act-1979/conflicts","importantCases":"/api/acts/agents-licensing-act-1979/important-cases","documents":"/api/acts/agents-licensing-act-1979/documents"}}