{"id":"agents-licensing-regulations-1979","name":"AGENTS LICENSING REGULATIONS 1979","slug":"agents-licensing-regulations-1979","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174174,"registerId":"nt-agents-licensing-regulations-1979-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"AGENTS LICENSING REGULATIONS 1979","content":"NORTHERN TERRITORY OF AUSTRALIA\nAGENTS LICENSING REGULATIONS 1979\nAs in force at 10 February 2026\nTable of provisions\nPart I Preliminary\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\nPart II Licensing and registration\nDivision 2 Application for licence or registration\n6 Application for licence ...................................................................... 2\n8 Application for registration ............................................................... 3\nPart III Audit of accounting records relating to\ntrusts moneys\n13 First audit ......................................................................................... 4\n14 Audit where agent ceases to carry on business .............................. 4\n15 Disclosure of information by auditor ................................................ 5\n16 Exemption from audit requirements ................................................. 6\n16A Exemption for trust money of corporation manager ......................... 6\nPart IIIA Indemnity insurance\n16B Exemption from requirement to hold indemnity insurance –\nsection 108B .................................................................................... 6\nPart IV Miscellaneous\n17 Testimonials .................................................................................... 6\n17A Evidence of identity ......................................................................... 7\n18 Responsibility where licensed agent a company or firm .................. 8\n19 Disclosure of information by Board .................................................. 8\n20 Prescribed particulars for registers of agents – section 109 ............ 9\n21 Prescribed particulars for Register of Agents'\nRepresentatives – section 109 ........................................................ 9\n22 Notification of change in particulars ............................................... 10\n22A Regulatory offences....................................................................... 11\n23 Prescribed fees.............................................................................. 11\n24A Persons and organisations to be consulted regarding\nproposed rules of conduct ............................................................. 11\n\nAgents Licensing Regulations 1979 ii\n25 Rules of conduct ............................................................................ 12\nPart V Infringement notices\n26 Service of infringement notice for infringement offence ................. 12\n27 Contents of infringement notice ..................................................... 12\n28 Payment by cheque ....................................................................... 13\n29 Withdrawal of infringement notice.................................................. 13\n30 Application of Part ......................................................................... 13\nSchedule 2 Prescribed fees\nSchedule 3 Scheme relating to trust money of\ncorporation manager or body corporate\nmanager\nSchedule 4 Rules of conduct\nSchedule 8 Infringement offences and prescribed\namounts\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 10 February 2026\n____________________\nAGENTS LICENSING REGULATIONS 1979\nRegulations under the Agents Licensing Act 1979\nPart I Preliminary\n1 Citation\nThese Regulations may be cited as the Agents Licensing\nRegulations 1979.\n2 Commencement\nThese Regulations shall come into operation on a date to be fixed\nby the Administrator by notice in the Gazette.\n3 Definitions\nIn these Regulations:\ninfringement notice, see regulation 26.\ninfringement offence means an offence against a provision of the\nAct or these Regulations specified in Schedule 8, column 1.\nlicence includes a provisional licence.\nname, of a licensed agent, means:\n(a) if the licensed agent is an individual – the individual's name; or\n(b) if the licensed agent is a firm – the firm name; or\n(c) if the licensed agent is a company – the company name.\noffice address, for a licensed agent, means:\n(a) if the licensed agent conducts business from one registered\noffice – the address of the registered office; or\n(b) if the licensed agent conducts business from more than\none office – the address of the principal office.\n\nPart II Licensing and registration\nDivision 2 Application for licence or registration\nAgents Licensing Regulations 1979 2\npartner means a member of a firm.\nprescribed amount, for an infringement offence, means the\namount specified in Schedule 8, column 2 opposite the offence\nprovision.\nregistered business name means a name registered under the\nBusiness Names Registration Act 2011 (Cth).\nregistered training organisation, see section 4 of the Training\nand Skills Development Act 2016.\nPart II Licensing and registration\nDivision 2 Application for licence or registration\n6 Application for licence\nAn application for a licence to carry on business as a real estate\nagent or business agent, or both, or as a conveyancing agent must\nbe accompanied by the following documents:\n(a) for an application by an individual:\n(i) a testimonial in accordance with regulation 17 for the\nindividual; and\n(ii) a document evidencing the identity of the individual in\naccordance with regulation 17A; and\n(iii) a national police certificate for the individual;\n(b) for an application by a company:\n(i) a testimonial in accordance with regulation 17 for each\ndirector of the company (other than a director who is a\nlicensed agent or a registered agent's representative);\nand\n(ii) a document evidencing the identity of each director\nmentioned in subparagraph (i) in accordance with\nregulation 17A; and\n(iii) a national police certificate for each director mentioned in\nsubparagraph (i);\n\nPart II Licensing and registration\nDivision 2 Application for licence or registration\nAgents Licensing Regulations 1979 3\n(c) for an application by a firm:\n(i) a testimonial in accordance with regulation 17 for each\npartner of the firm (other than a partner who is a licensed\nagent or a registered agent's representative); and\n(ii) a document evidencing the identity of each partner\nmentioned in subparagraph (i) in accordance with\nregulation 17A; and\n(iii) a national police certificate for each partner mentioned in\nsubparagraph (i);\n(d) a statutory declaration verifying all the statements contained in\nthe application and in accompanying documents that is made\nby:\n(i) if paragraph (a) applies – the individual making the\napplication; or\n(ii) if paragraph (b) applies – a director of the company\nmaking the application; or\n(iii) if paragraph (c) applies – a partner of the firm making\nthe application.\n8 Application for registration\nAn application for registration as an agent's representative must:\n(a) be lodged with the Registrar; and\n(b) be accompanied by the following documents:\n(i) a testimonial in accordance with regulation 17 for the\napplicant;\n(ii) a document evidencing the identity of the applicant in\naccordance with regulation 17A;\n(iii) a national police certificate for the applicant;\n(iv) a statutory declaration made by the applicant verifying all\nthe statements contained in the application and\naccompanying documents.\n\nPart III Audit of accounting records relating to trusts moneys\nAgents Licensing Regulations 1979 4\nPart III Audit of accounting records relating to trusts\nmoneys\n13 First audit\nSubject to regulation 14, where a person commences to carry on\nbusiness as a licensed agent during the 3 months immediately\npreceding 30 June in any year, unless the Board otherwise directs,\na reference to the prescribed period in Division 3 of Part V of the\nAct shall, for the purposes of the first audit of the licensed agent's\naccounting records relating to trust moneys, be read as a reference\nto the period commencing on the date when the licensed agent\ncommenced to carry on business as a licensed agent and ending\non 30 June in the next following year.\n14 Audit where agent ceases to carry on business\n(1) Where a person ceases to carry on business as a licensed agent\nhe or she shall, within 2 months after the date that he or she so\nceases, cause to be audited his or her accounting records relating\nto trust moneys received and paid by him or her during the period\ncommencing on the date to which those accounting records were\nlast audited or, if they have not previously been audited, the date\nwhen the person commenced to carry on business as a licensed\nagent, and ending on the date when he or she ceased to carry on\nsuch business.\n(2) Where a person:\n(a) who carries on business as a licensed agent; or\n(b) who is required, pursuant to subregulation (1), to cause to be\naudited his or her accounting records relating to trust moneys\nbut has not caused those accounting records to be audited,\ndies, his or her personal representative shall, within 2 months after\nhis or her death, cause to be audited that person's accounting\nrecords relating to trust moneys received and paid by him or her\nduring the period commencing on the date to which those\naccounting records were last audited or, if they have not previously\nbeen audited, the date on which he or she commenced to carry on\nbusiness as a licensed agent, and ending on the date when he or\nshe died or ceased to carry on business as a licensed agent.\n(3) The provisions of Division 3 of Part V of the Act, with such\nalterations or additions as the circumstances may require, apply to\nand in relation to an audit conducted in pursuance of this regulation.\n\nPart III Audit of accounting records relating to trusts moneys\nAgents Licensing Regulations 1979 5\n(4) This regulation does not apply to or in relation to a person who was\na licensed agent and who:\n(a) was a business manager, employee or director of a company\nthat is a licensed agent; or\n(b) was a business manager, employee or partner of a firm that is\na licensed agent;\nwhere the company or firm has continued to carry on business as a\nlicensed agent after the person ceased to carry on business as a\nlicensed agent or died.\n(5) Also, this regulation does not apply to a person if:\n(a) the person's business as a licensed agent is taken over by\nanother person; and\n(b) that other person, in complying with Part V, Division 3 of the\nAct, has an audit of the business accounting records\nconducted for the period to which this regulation would\notherwise apply.\n(6) In this regulation, a reference to ceasing to carry on business as a\nlicensed agent extends to ceasing to carry on a part of the business\nof a licensed agent.\n15 Disclosure of information by auditor\n(1) Subject to this regulation, an auditor shall not disclose or give to\nany other person any information obtained in conducting an audit in\npursuance of the Act or these Regulations.\nMaximum penalty: 100 penalty units\n(2) Subregulation (1) does not apply to or in relation to any information\ndisclosed:\n(a) by means of any report made pursuant to the Act or these\nRegulations;\n(b) in or for the purpose of any legal proceedings arising out of\nsuch a report or instituted in connection with a trust account of\nthe licensed agent to whom the information relates;\n(c) to the Board or a member of the Board; or\n(d) with the consent of the person to whom the information\nrelates.\n\nPart IV Miscellaneous\nAgents Licensing Regulations 1979 6\n16 Exemption from audit requirements\n(1) Where, during any period in respect of which a licensed agent is\nrequired by a provision of the Act or these Regulations to cause to\nbe audited his or her accounting records relating to trust moneys\nreceived and paid by him or her during that period, that provision\ndoes not apply to the licensed agent if he or she did not, at any time\nduring the period, receive or hold any trust moneys and the\nlicensed agent, within 2 months after the end of that period makes\nand delivers to the Board a statutory declaration to that effect.\n(2) For the purposes of subregulation (1), licensed agent includes the\npersonal representative of a licensed agent.\n16A Exemption for trust money of corporation manager\nFor the purposes of the exemption afforded by section 5B of the\nAct, the scheme set out in Schedule 3 is a prescribed scheme.\nPart IIIA Indemnity insurance\n16B Exemption from requirement to hold indemnity insurance –\nsection 108B\nAn agent who is an employee of another agent is, for as long as\nthat employment continues, exempt from the requirement to be\ninsured under section 108B(2) of the Act.\nPart IV Miscellaneous\n17 Testimonials\n(1) For the purposes of these Regulations, a testimonial is to be in the\nform approved by the Board and shall be signed by a person:\n(a) who has known the person to whom the testimonial relates for\na period of not less than 12 months; and\n(b) who is not a relation of that second-mentioned person; and\n(c) who is any of the following:\n(i) a person authorised under the Oaths, Affidavits and\nDeclarations Act 2010 to administer an oath for any\npurpose;\n(ii) a justice of the peace;\n\nPart IV Miscellaneous\nAgents Licensing Regulations 1979 7\n(iii) a commissioner for declarations appointed by the\nAttorney-General of the Commonwealth under the\nStatutory Declaration Act 1959 of the Commonwealth;\n(iv) a legal practitioner;\n(v) a member of the Northern Territory Police Force;\n(vi) a bank manager;\n(vii) a Supreme Court Judge or Local Court Judge;\n(ix) a notary public;\n(x) a registrar as defined in section 3 of the Local Court\nAct 2015;\n(xi) an Associate Judge;\n(xii) a commissioner for taking affidavits, oaths or\ndeclarations in the Supreme Court of a State or Territory;\n(xiii) a licensed agent;\n(xiv) a person registered under the Health Practitioner\nRegulation National Law to practise in a health\nprofession (other than as a student);\n(xv) a person registered as a teacher under the Teachers\nRegistration (Northern Territory) Act 2004;\n(xvi) a person who holds an office, appointment or authority in\na State or Territory equivalent to any of those specified\nin subparagraphs (i) to (xv).\n(2) For the purposes of subregulation (1), relation means:\n(a) the parent, grandparent, brother, sister, uncle, aunt, nephew,\nniece or adopted child of that person or of a spouse or de\nfacto partner of that person; or\n(b) a spouse or de facto partner of that person or of any other\nperson specified in paragraph (a).\n17A Evidence of identity\nFor these Regulations, a document evidencing a person's identity is\nany of the following:\n(a) an Australian or overseas passport of the person which is\ncurrent or expired within 2 years before the date of application;\n\nPart IV Miscellaneous\nAgents Licensing Regulations 1979 8\n(b) an Australian photographic driver's licence of the person\nwhich is current or expired within 2 years before the date of\napplication;\n(c) other documentation the Board considers to be satisfactory\nevidence of the person's identity.\n18 Responsibility where licensed agent a company or firm\nA provision of Part V or XII of the Act or these Regulations that\nrequires a licensed agent to do, or to refrain from doing, an act or to\ncarry out an obligation shall, in the case of a licensed agent which\nis a company or firm, be read as imposing jointly and severally on:\n(a) in the case of a company which is a licensed agent – a\nlicensed agent who is a business manager, employee or\ndirector of the company; or\n(b) in the case of a firm which is a licensed agent – a licensed\nagent who is a business manager, employee or partner of the\nfirm;\na like requirement to do, or to refrain from doing, the act or to carry\nout the obligation, as the case may be, in relation to the business of\nthe licensed agent.\n19 Disclosure of information by Board\n(1) On request by any person, the Board, if it is satisfied that:\n(a) the person has a sufficient interest in any moneys or\nsecurities; and\n(b) the moneys or securities are held or ought to be held or have\nbeen received by an agent,\nmay disclose to the person such portion of any report of an auditor,\nor any statutory declaration, statement or other document delivered\nto the Board or the Registrar under the Act or these Regulations or\nin the course of doing anything under the Act or these Regulations\nas affects or may affect the person.\n(2) The Board may, if it thinks fit, permit an auditor engaged by a\nlicensed agent to inspect and make copies of statutory declarations,\nstatements or other documents delivered to the Board or the\nRegistrar under the Act or these Regulations or in the course of\ndoing anything under the Act or these Regulations.\n\nPart IV Miscellaneous\nAgents Licensing Regulations 1979 9\n20 Prescribed particulars for registers of agents – section 109\nThe following are prescribed particulars about a licensed agent for\nrecording in the Register of Licensed Real Estate Agents, the\nRegister of Licensed Business Agents or the Register of\nConveyancing Agents:\n(a) the date on which the agent's licence was granted or last\nrenewed;\n(b) if the name of the licensed agent is not the name under which\nthe licensed agent carries on business as an agent – the\nname under which the licensed agent carries on business;\n(c) the contact address of the licensed agent;\n(d) if the licensed agent is a company or firm – the name of each\nbusiness manager of the company or firm;\n(e) if the licensed agent is a company – the name of each director\nof the company;\n(f) if the licensed agent is a firm – the name of each partner of\nthe firm.\n21 Prescribed particulars for Register of Agents'\nRepresentatives – section 109\nThe following are prescribed particulars about a registered agent's\nrepresentative for recording in the Register of Agents'\nRepresentatives:\n(a) the date on which the certificate of registration of the agent's\nrepresentative was issued;\n(b) the contact address of the registered agent's representative;\n(c) the following details about the licensed agent by whom the\nregistered agent's representative is employed:\n(i) the name of the licensed agent;\n(ii) if the name of the licensed agent is not the name under\nwhich the licensed agent carries on business as an\nagent – the name under which the licensed agent carries\non business;\n(iii) the office address of the licensed agent.\n\nPart IV Miscellaneous\nAgents Licensing Regulations 1979 10\n22 Notification of change in particulars\n(1) If either of the following events happen in relation to a licensed\nagent, the licensed agent must give written notice about the event\nto the Registrar within the 14 days after the event happens:\n(a) the name of the licensed agent changes;\n(b) a change occurs in any of the prescribed particulars\nmentioned in regulation 20(b), (c), (e) or (f).\nMaximum penalty: 10 penalty units.\n(2) If either of the following events happen in relation to a registered\nagent's representative, the registered agent's representative must\ngive written notice about the event to the Registrar within the\n14 days after the event happens:\n(a) the registered agent's representative's name changes;\n(b) a change occurs in any of the prescribed particulars\nmentioned in regulation 21(b) or (c).\nMaximum penalty: 10 penalty units.\n(3) A notification of a change of name under this regulation must be\naccompanied by evidence of the change of name in accordance\nwith subregulation (4).\n(4) Evidence of a change of name is:\n(a) for a change of an individual's name:\n(i) for a change of name as a result of marriage – a\nmarriage certificate issued by the Registrar of Births,\nDeaths and Marriages showing the new name; or\n(ii) in any other case – a certificate of change of name\nissued by the Registrar of Births, Deaths and Marriages;\nor\n(iii) other documentation the Board considers to be\nsatisfactory evidence of the change of name; or\n(b) for a change of a company name – a certificate of registration\nissued by ASIC showing the new name; or\n\nPart IV Miscellaneous\nAgents Licensing Regulations 1979 11\n(c) for a change of a registered business name – a copy of an\nentry in the Business Names Register provided by ASIC under\nsection 60 of the Business Names Registration Act 2011 (Cth)\nshowing the new name; or\n(d) in any other case – documentation the Board considers to be\nsatisfactory evidence of the change of name.\n(5) If a notification under subregulation (1)(b) relates to a new director\nof a company, the notification must be accompanied by the\ndocuments specified in regulation 6(b) for the director.\n(6) If a notification under subregulation (1)(b) relates to a new partner\nof a firm, the notification must be accompanied by the documents\nspecified in regulation 6(c) for the partner.\n(7) Subregulations (5) and (6) do not apply if the director or partner is a\nlicensed agent or registered agent's representative.\n22A Regulatory offences\nAn offence of contravening or failing to comply with regulation 15\nor 22 is a regulatory offence.\n23 Prescribed fees\nThe fees set out in Schedule 2 are prescribed fees for the purposes\nof the Act.\n24A Persons and organisations to be consulted regarding\nproposed rules of conduct\nThe following persons and organisations are prescribed for\nsection 64A(1)(a) of the Act:\n(a) the Australian Competition and Consumer Commission\nestablished under the Competition and Consumer Act 2010\n(Cth);\n(b) the Australian Securities and Investments Commission\ncontinued in existence by the Australian Securities and\nInvestments Commission Act 2001 of the Commonwealth;\n(d) the Law Society Northern Territory established by the Legal\nProfession Act 2006;\n(e) the Australian Institute of Conveyancers;\n(f) Chamber of Commerce Northern Territory.\n\nPart V Infringement notices\nAgents Licensing Regulations 1979 12\n25 Rules of conduct\nFor section 127(1)(j) of the Act:\n(a) the rules of conduct for all agents are as set out in Schedule 4,\nPart 1; and\n(b) additional rules of conduct for conveyancing agents are as set\nout in Schedule 4, Part 2.\nPart V Infringement notices\n26 Service of infringement notice for infringement offence\nIf an inspector reasonably believes a person has committed an\ninfringement offence, the inspector may serve a notice (an\ninfringement notice) on the person.\n27 Contents of infringement notice\n(1) The infringement notice must state the following particulars:\n(a) the name and address of the alleged offender, if known;\n(b) the date of the infringement notice;\n(c) the date, time and place of the infringement offence;\n(d) a description of the infringement offence and the prescribed\namount payable for the offence;\n(e) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to whom the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the alleged offender may expiate the infringement offence and\navoid further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after service of the notice;\n(b) the alleged offender may elect under section 21 of the Fines\nand Penalties (Recovery) Act 2001 to have the matter dealt\nwith by a court instead of under that Act by completing a\nstatement of election and serving it on the specified\nenforcement agency;\n\nPart V Infringement notices\nAgents Licensing Regulations 1979 13\n(c) if the alleged offender does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001 including (but not limited to)\naction for the following:\n(i) suspension of the alleged offender's licence to drive;\n(ii) seizure of personal property of the alleged offender;\n(iii) deduction of an amount from the alleged offender's\nwages or salary;\n(iv) registration of a statutory charge on land owned by the\nalleged offender;\n(v) making of a community work order for the alleged\noffender which may result in imprisonment for the\nalleged offender if the alleged offender breaches the\norder.\n(3) Also, the infringement notice must include the statement of election\nmentioned in subregulation (2)(b).\n28 Payment by cheque\nIf the alleged offender tenders a cheque in payment of the\nprescribed amount, the amount is not taken to have been paid\nunless the cheque is cleared on first presentation.\n29 Withdrawal of infringement notice\n(1) The Registrar may withdraw the infringement notice by written\nnotice served on the alleged offender.\n(2) The notice must be served within 28 days after service of the\ninfringement notice but before payment of the prescribed amount.\n30 Application of Part\n(1) This Part does not prejudice or affect the start or continuing of\nproceedings for an infringement offence unless the offence is\nexpiated.\n(2) Also, this Part does not prevent more than one infringement notice\nfor the same infringement offence being served on an alleged\noffender and, to expiate the offence, it is sufficient for the alleged\noffender to pay the prescribed amount in accordance with any of\nthe notices.\n\nPart V Infringement notices\nAgents Licensing Regulations 1979 14\n(3) In addition, this Part does not:\n(a) require an infringement notice to be served; and\n(b) affect the liability of a person to be prosecuted in a court for an\ninfringement offence for which an infringement notice has not\nbeen served.\n\nSchedule 2 Prescribed fees\nAgents Licensing Regulations 1979 15\nSchedule 2 Prescribed fees\nregulation 23\n______________________________________________________________\n1 Section 5A of the Act – application to the Board for exemption from\nprovisions of Act (other than as part of grant of restricted licence or\ncertificate) – 230 revenue units.\n______________________________________________________________\n2 Section 26(ab) or 27(ab) of the Act – application for the grant of one of\nthe following:\n(a) provisional real estate agent's licence;\n(b) provisional business agent's licence;\n(c) real estate agent's licence;\n(d) business agent's licence.\nLicence period of 1 year – 619 revenue units.\nLicence period of 3 years – 1 671 revenue units.\nLicence period of 5 years – 2 785 revenue units.\n______________________________________________________________\n3 Section 26(ab) or 27(ab) of the Act – application for the grant of one of\nthe following:\n(a) restricted real estate agent's licence;\n(b) restricted business agent's licence.\nLicence period of 1 year – 620 revenue units.\nLicence period of 3 years – 1 674 revenue units.\nLicence period of 5 years – 2 790 revenue units.\n______________________________________________________________\n4 Section 26(ab) or 27(ab) of the Act – application for the grant of one of\nthe following:\n(a) conveyancing agent's licence;\n(b) both provisional real estate agent's licence and provisional\nbusiness agent's licence;\n(c) both real estate agent's licence and business agent's licence;\n(d) both restricted real estate agent's licence and restricted\nbusiness agent's licence.\n\nSchedule 2 Prescribed fees\nAgents Licensing Regulations 1979 16\nLicence period of 1 year – 715 revenue units.\nLicence period of 3 years – 1 930 revenue units.\nLicence period of 5 years – 3 217 revenue units.\n______________________________________________________________\n5 Section 32(2)(d) of the Act – application for renewal of one of the\nfollowing:\n(a) provisional real estate agent's licence;\n(b) provisional business agent's licence;\n(c) real estate agent's licence;\n(d) business agent's licence.\nLicence period of 1 year – 619 revenue units.\nLicence period of 3 years – 1 671 revenue units.\nLicence period of 5 years – 2 785 revenue units.\n______________________________________________________________\n6 Section 32(2)(d) of the Act – application for renewal of one of the\nfollowing:\n(a) restricted real estate agent's licence;\n(b) restricted business agent's licence.\nLicence period of 1 year – 620 revenue units.\nLicence period of 3 years – 1 674 revenue units.\nLicence period of 5 years – 2 790 revenue units.\n______________________________________________________________\n7 Section 32(2)(d) of the Act – application for renewal of one of the\nfollowing:\n(a) conveyancing agent's licence;\n(b) both provisional real estate agent's licence and provisional\nbusiness agent's licence;\n(c) both real estate agent's licence and business agent's licence;\n(d) both restricted real estate agent's licence and restricted\nbusiness agent's licence.\nLicence period of 1 year – 715 revenue units.\nLicence period of 3 years – 1 930 revenue units.\nLicence period of 5 years – 3 217 revenue units.\n______________________________________________________________\n\nSchedule 2 Prescribed fees\nAgents Licensing Regulations 1979 17\n8 Section 37(ab) of the Act – registration as an agent's representative\nand issue of certificate of registration:\n(a) restricted registration:\n(i) 1 year – 135 revenue units\n(ii) 3 years – 364 revenue units\n(iii) 5 years – 607 revenue units; or\n(b) registration (unrestricted):\n(i) 1 year – 153 revenue units\n(ii) 3 years – 413 revenue units\n(iii) 5 years – 688 revenue units.\n______________________________________________________________\n9 Section 43A of the Act – application for renewal of registration as an\nagent's representative:\n(a) restricted registration:\n(i) 1 year – 135 revenue units\n(ii) 3 years – 364 revenue units\n(iii) 5 years – 607 revenue units; or\n(b) registration (unrestricted):\n(i) 1 year – 153 revenue units\n(ii) 3 years – 413 revenue units\n(iii) 5 years – 688 revenue units.\n______________________________________________________________\n10 Section 81(7) of the Act – copy of transcript of evidence at an inquiry\nheld by the Board:\n(a) $8 per page; or\n(b) 34 revenue units per disk.\n______________________________________________________________\n\nSchedule 3 Scheme relating to trust money of corporation manager or body corporate\nmanager\nAgents Licensing Regulations 1979 18\nSchedule 3 Scheme relating to trust money of corporation\nmanager or body corporate manager\nregulation 16A\n1. In this Schedule:\nbody corporate means:\n(a) a corporation under the Unit Titles Act 1975; or\n(b) a body corporate under the Unit Title Schemes Act 2009.\nbody corporate manager means:\n(a) a corporation manager under the Unit Titles Act 1975; or\n(b) a body corporate manager under the Unit Title Schemes\nAct 2009.\n2. Notwithstanding section 50 of the Act, section 35(1) of the Unit Titles\nAct 1975 or the management module under the Unit Title Schemes Act 2009,\na body corporate manager may open an account at an ADI in the Territory for\nthe purpose of dealing with trust money received in respect of each\ncorporation that has agreed that its money can be dealt with under Scheme 1\nor Scheme 2.\nSCHEME 1\n3. An account opened pursuant to Scheme 1:\n(a) shall only contain money of corporations;\n(b) shall be operated so that, on any one day, a notional credit or\ndeficit for each corporation may be readily ascertained;\n(c) shall be operated so that, in respect of each corporation, the\ncrediting or paying of interest in accordance with the instructions\nof the corporation can be readily checked by the Board; and\n(d) shall be operated under a name approved by the Board.\n4. An account opened pursuant to Scheme 1 shall first be audited one\nmonth after it is opened and then at intervals of not more than 6 months or\nsuch longer periods as may be authorized by the Board.\n5. Surplus money in an account opened pursuant to Scheme 1 may be\ninvested in such manner as trust funds may be invested under the Trustee\nAct 1893.\n\nSchedule 3 Scheme relating to trust money of corporation manager or body corporate\nmanager\nAgents Licensing Regulations 1979 19\nSCHEME 2\n6. An account opened pursuant to Scheme 2 shall be operated so that on\nany one day, a notional credit for each corporation may be readily\nascertained.\n7. Interest from an account opened pursuant to Scheme 2 shall be paid to\nthe Fund.\n\nSchedule 4 Rules of conduct\nAgents Licensing Regulations 1979 20\nSchedule 4 Rules of conduct\nregulation 25\nPart 1 – General Rules\n1. An agent must not advise the agent's client on matters in which the\nagent is not trained or qualified.\n2. An agent must advise the agent's client to seek advice from a solicitor\nwho specialises in conveyancing concerning the appropriate course of action\nwhere, in a transaction, there are substantial legal complexities.\n3. An agent must not give an undertaking without the approval of the\nagent's client and must fulfil all conditions of an undertaking given in the\ncourse of a transaction to another agent or to a solicitor.\n4. An agent must, in the investigation of a matter that may be grounds for\nrevocation of a licence under section 68 of the Act or that may be the subject\nof an inquiry to be held by the Board, co-operate with the Board, the Registrar,\nan inspector and the Commissioner of Police.\n5. Subject to any other specific rules of conduct, a real estate or business\nagent must have due regard to and comply with:\n(a) rules of real estate practice published or approved by the Real\nEstate Institute of the Northern Territory; and\n(b) guidelines concerning fair trading practices issued by the Trade\nPractices Commission.\n6. In a transaction for the purchase and sale of land, an agent must not\nact in the capacity of conveyancer for the buyer of the land, whether or not for\nreward, if:\n(a) the agent acted for the seller of the land in the capacity of a real\nestate agent; or\n(b) the agent has a financial connection with the real estate agent\ninvolved in the transaction.\n7. An agent must ensure that the agent has a thorough knowledge of the\npractices and procedures of government offices relevant to transactions in\nwhich the agent may be involved with a client, in addition to a knowledge of\nthe Act, the regulations, these rules and other relevant legislation as in force\nfrom time to time.\n8. An agent must not breach any provision of the Act or the regulations.\n\nSchedule 4 Rules of conduct\nAgents Licensing Regulations 1979 21\n9. An agent must not, except where required to do so under a law of the\nTerritory, use any material or information acquired by the agent in the course\nof acting for a client in a manner that is prejudicial to the interests of the client\nwithout the client's consent.\n10. An agent must perform the agent's duties to a client and carry out the\nlawful instructions of the client.\n11. An agent must exercise due skill, care and diligence in carrying out the\nagent's duties on behalf of a client.\n12. An agent must exercise due skill, care and diligence when dealing with\nany person in the course of conducting business as an agent.\nExample for rule 12\nAn agent acting for a vendor must deal with potential purchasers with due skill,\ncare and diligence.\n13. An agent who has an interest in, or is likely to obtain an interest in, a\ntransaction entered into on behalf of a client, must disclose the exact nature of\nthe interest to the client.\n14. An agent must disclose to a client all material facts and circumstances\nof everything known to the agent regarding the matter in respect of which the\nagent is authorised to act as the client's agent.\n15. If an agent is of the opinion that a price or other consideration that the\nclient is prepared to accept on the sale of a property may be less than the fair\nmarket value of the property, the agent must inform the client of that opinion.\n16. An agent must not, except where required to do so under a law of the\nTerritory, disclose without the client's consent, any information related to the\naffairs of a client obtained by the agent while acting as the client's agent.\n17. An agent must not publish an advertisement or other statement that the\nagent is authorised to sell, or otherwise deal with property without the written\nauthorisation of the owner of the property.\n18. An agent must not publish an advertisement or other statement that the\nagent is authorised to sell property at a price that is higher or lower than the\nprice the client has authorised in writing.\n19. An agent must not publish an advertisement or other statement that is\nfalse, misleading or likely to deceive a person.\n20. An agent must not accept or demand a fee or other payment from a\nperson other than the agent's client in respect of a service performed or to be\nperformed by the agent for a client, being a service in respect of which the\nagent has received or is entitled to receive payment from the client.\n\nSchedule 4 Rules of conduct\nAgents Licensing Regulations 1979 22\nPart 2 – Additional Rules applicable to Conveyancing Agents\n1. A conveyancing agent shall strictly observe promises and duties in\nrelation to the interest of his or her client and shall be aware that the agent's\nobligation to his or her client is one of the utmost good faith that requires the\nagent not to put his or her duty to the client in conflict or in likelihood of conflict\nwith his or her own interests or the interests of any other person.\n2. A conveyancing agent shall perform his or her duties in a diligent and\nconscientious manner with proper regard to the relationship of principal and\nagent due to his or her client.\n3. A conveyancing agent may advertise his or her professional\nqualifications and services but shall not compete for business with another\nagent or solicitor so that the client may become liable for 2 fees in respect of\nthe same matter.\n4. Subject to any other specific rules of conduct, a conveyancing agent\nshall have due regard to and comply with:\n(a) guidelines as to good conveyancing practices issued from time\nto time by the Board;\n(b) professional conduct rules as they relate to good conveyancing\npractice issued by the Law Society Northern Territory.\n5. A conveyancing agent shall not carry on a business of a finance broker,\nbeing a person who, as agent and in the course of the agent's business,\nnegotiates or arranges a loan of money for or on behalf of another person.\n6. A conveyancing agent shall, at the same time as the agent presents to\nthe client a form of appointment for signature in accordance with clause 1(1)\nof Part 2 of the Schedule to the Act, provide a bona fide quote of the cost of\nthe services to be rendered in respect of the particular transaction for which\nthe appointment is to be made. The amount of the cost shall be based on a\nfair and reasonable fee for the service at the prevailing rate in the Territory.\n7. A conveyancing agent shall ensure that the agent, or a partner or\nemployee of a firm of which the agent is a member does not act for 2 or more\nparties with conflicting interests in a transaction unless the agent has given\nnotice in writing to all parties to a transaction that the agent is acting for more\nthan one party and that their interests may not be the same. Where a conflict\narises between the parties for whom the agent is acting, the agent has an\nobligation to cease to act for either of them and shall give advice that the\nparties obtain alternative advice. The agent is entitled to charge a\nproportional fee until the time when he or she ceased to act for the parties.\n\nSchedule 4 Rules of conduct\nAgents Licensing Regulations 1979 23\n8. A conveyancing agent shall, in the interest of a client, co-operate with\nand, where possible, assist, other persons involved in a transaction. In this\nrule:\nassist includes reporting progress under item 1(a) in Part 1 of the Schedule to\nthe Act and advising the parties and other persons involved of delays or\nrequirements that are incidental to the functions of a conveyancing agent set\nout in that Part.\nother persons involved in a transaction includes surveyors and engineers,\nreal estate agents, government officers, solicitors, financial advisers and other\nconveyancing agents.\n9. A conveyancing agent shall be responsible for the supervision and\ncontrol of the persons, whether or not licensed conveyancing agents, engaged\nin the conduct of the agent's business and for that purpose:\n(a) where the licensee of the business is a natural person – the\nconveyancing agent; or\n(b) where the licensee of the business is a firm or a body\ncorporate – the principals or the directors who are conveyancing\nagents,\nshall spend sufficient time at the office where the business is transacted:\n(c) to enable supervision of a person conducting the business; and\n(d) to ensure satisfactory completion of each transaction.\n\nSchedule 8 Infringement offences and prescribed amounts\nAgents Licensing Regulations 1979 24\nSchedule 8 Infringement offences and prescribed amounts\nregulation 3, definitions infringement\noffence and prescribed amount\nColumn 1\nOffence provision\nColumn 2\nPrescribed amount\nPart A – Offences against Act\nSections 47, 48, 51, 56, 119, 120\nand 125 1 penalty unit\nSections 65E(5) and 121A 2 penalty units\nPart B – Offences against\nRegulations\nRegulation 22 1 penalty unit\n\nENDNOTES\nAgents Licensing Regulations 1979 25\nENDNOTES\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 Regulations (SL No. 29, 1979)\nNotified 2 November 1979\nCommenced 9 November 1979 (Gaz G45, 9 November 1979, p 2)\nAmendment of the Land and Business Agents Regulations (SL No. 25, 1980)\nNotified 11 July 1980\nCommenced 11 July 1980\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)\nAmendment of the Land and Business Agents Regulations (SL No. 4, 1984)\nNotified 14 March 1984\nCommenced 14 March 1984\nStatute Law Revision Act 1991 (Act No. 31, 1991)\nAssent date 25 June 1991\nCommenced 25 June 1991\nAmendments of the Land and Business Agents Regulations (SL No. 36, 1991)\nNotified 10 July 1991\nCommenced 1 January 1992 (r 2, s 2 Land and Business Agents\nAmendment Act 1990 (Act No. 44, 1990) and Gaz G44,\n6 November 1991, p 3)\nAmendments of Land and Business Agents Regulations (SL No. 41, 1992)\nNotified 5 August 1992\nCommenced 10 August 1992 (r 2, s 2 Land and Business Agents\nAmendment Act 1991 (Act No. 79, 1991) and Gaz S43,\n5 August 1992)\n\nENDNOTES\nAgents Licensing Regulations 1979 26\nAmendments of Agents Licensing Regulations (SL No. 69, 1992)\nNotified 9 December 1992\nCommenced 1 February 1993 (r 1, s 2 Land and Business Agents\nAmendment Act 1992 (Act No. 33, 1992) and Gaz G49,\n9 December 1992, p 7)\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act\nNo. 83, 1993) and Gaz S35, 20 May 1994)\nAmendments of Agents Licensing Regulations (SL No. 61, 1996)\nNotified 19 December 1996\nCommenced 19 December 1996\nNorthern Territory Employment and Training Authority (Consequential Amendments)\nAct 1999 (Act No. 52, 1999)\nAssent date 30 November 1999\nCommenced 30 November 1999\nAmendments of Agents Licensing Regulations (SL No. 53, 2000)\nNotified 15 November 2000\nCommenced 15 November 2000\nAmendment of Agents Licensing Regulations (SL No. 1, 2002)\nNotified 10 April 2002\nCommenced 10 April 2002\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nNorthern Territory Employment and Training Authority (Consequential Amendments)\nAct 2002 (Act No. 47, 2002)\nAssent date 13 September 2002\nCommenced 6 November 2002 (s 2, s 2 Northern Territory Employment\nand Training Authority Amendment Act 2002 (Act No. 46,\n2002) and Gaz G44, 6 November 2002, p 2)\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)\nAmendment of Agents Licensing Regulations (SL No. 6, 2005)\nNotified 23 March 2005\nCommenced 23 March 2005\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\n\nENDNOTES\nAgents Licensing Regulations 1979 27\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)\nAgents Licensing Amendment Regulations 2007 (SL No. 31, 2007)\nNotified 26 September 2007\nCommenced 26 September 2007\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nRevenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008)\nAssent date 30 June 2008\nCommenced pt 1, ss 3, 12(1), 18 and 19: 1 January 2008;\nss 7, 10 and 11(1): 6 May 2008; rem: 1 July 2008 (s 2)\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)\nFees and Charges Amendment Regulations 2009 (SL No. 34, 2009)\nNotified 14 December 2009\nCommenced 1 January 2010 (r 2)\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 Act 2012 (Act No. 8, 2012)\nAssent date 27 April 2012\nCommenced pts 3 and 4: 28 May 2012 (proclamation F2012L00891:\n19 April 2012) ; rem: 27 April 2012 (s 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nAgents Licensing Amendment Regulations 2013 (SL No. 30, 2013)\nNotified 1 August 2013\nCommenced 1 August 2013\n\nENDNOTES\nAgents Licensing Regulations 1979 28\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)\nAgents Licensing Amendment Regulations 2016 (SL No. 37, 2016)\nNotified 2 August 2016\nCommenced 2 August 2016\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\nAgents Licensing Amendment Regulations 2019 (SL No. 24, 2019)\nNotified 25 September 2019\nCommenced 25 September 2019\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 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)\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\nr 13 Amendments of Agents Licensing Regulations (SL No. 69, 1992)\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: rr 1, 17, 24A and 27 and sch 1.\n5 LIST OF AMENDMENTS\nr 1 sub No. 41, 1992, r 3\nr 3 amd No. 69, 1992, r 3\nsub No. 31, 2007, r 3\namd Act No. 8, 2012, s 30; Act No. 12, 2016, s 32; No. 24, 2019, r 4\n\nENDNOTES\nAgents Licensing Regulations 1979 29\npt II\ndiv 1 hdg amd No. 53, 2000, r 1\nrep Act No. 5, 2022, s 31\nr 4 amd No. 41, 1992, r 11\nrep No. 53, 2000, r 2\nr 5 amd No. 53, 2000, r 3\nrep Act No. 5, 2022, s 31\npt II\ndiv 2 hdg sub No. 31, 2007, r 4\nr 6 amd No. 41, 1992, r 11; No. 53, 2000, r 4\nsub No. 31, 2007, r 4\namd Act No. 12, 2016, s 33\nr 6A ins No. 41, 1992, r 4\namd No. 69, 1992, r 4\nrep No. 31, 2007, r 4\nr 7 rep No. 53, 2000, r 5\nins No. 31, 2007, r 4\nrep Act No. 5, 2022, s 31\nr 8 sub No. 53, 2000, r 5; No. 31, 2007, r 4\namd Act No. 12, 2016, s 34; Act No. 5, 2022, s 32\npt II\ndiv 3 hdg sub No. 31, 2007, r 4\nrep Act No. 5, 2022, s 33\nr 9 amd No. 25, 1980; No. 41, 1992, rr 5 and 11; No. 61, 1996, r 2; Act No. 52,\n1999, s 5\nsub No. 31, 2007, r 4\nrep No. 24, 2019, r 5\nrr 9A – 9C ins No. 61, 1996, r 3\nrep No. 31, 2007, r 4\nr 10 amd No. 41, 1992, r 11; No. 61, 1996, r 4\nsub No. 31, 2007, r 4; No. 24, 2019, r 5\nrep Act No. 5, 2022, s 33\nrr 10AA –\n10AB ins No. 61, 1996, r 6\nrep No. 31, 2007, r 4\nr 10AC ins No. 61, 1996, r 6\namd Act No. 47, 2002, s 6\nrep No. 31, 2007, r 4\npt II\ndiv 3A hdg ins No. 36, 1991, r 3\nrep No. 31, 2007, r 4\nr 10A ins No. 36, 1991, r 3\namd No. 1, 2002\nrep No. 31, 2007, r 4\npt II\ndiv 4 hdg rep Act No. 5, 2022, s 33\nr 11 amd No. 41, 1992, r 11\nrep Act No. 5, 2022, s 33\nr 12 amd No. 69, 1992, r 5\nrep Act No. 5, 2022, s 33\nr 14 amd No. 69, 1992, r 6; No. 31, 2007, rr 5 and 20; Act No. 2, 2026, s 10\nr 15 amd No. 31, 2007, r 6\nr 16 amd No. 31, 2007, r 20\nr 16A amd No. 36, 1991, r 4\npt IIIA hdg ins No. 36, 1991, r 5\nsub No. 31, 2007, r 7\nr 16B ins No. 36, 1991, r 5\nsub No. 31, 2007, r 7\n\nENDNOTES\nAgents Licensing Regulations 1979 30\nr 16C ins No. 36, 1991, r 5\namd No. 69, 1992, r 7\nrep No. 31, 2007, r 7\nr 16D ins No. 36, 1991, r 5\nrep No. 31, 2007, r 7\nr 17 amd No. 53, 2000, r 6; Act No. 1, 2004, s 63; Act No. 44, 2005, s 35; Act\nNo. 7, 2007, s 16; No. 31, 2007, r 8; Act No. 40, 2010, s 202; Act No. 17,\n2012, s 55; Act No. 8, 2016, s 45; Act No. 18, 2017, s 36\nr 17A ins No. 31, 2007, r 9\nr 18 amd No. 69, 1992, r 8; No. 31, 2007, r 10; Act No. 2, 2026, s 11\nr 20 amd No. 41, 1992, r 11\nsub No. 31, 2007, r 11\namd Act No. 6, 2008, s 4\nr 21 sub No. 31, 2007, r 11\namd Act No. 6, 2008, s 4\nr 22 sub No. 31, 2007, r 11\namd Act No. 8, 2012, s 30\nr 22A ins Act No. 68, 1983, s 140\namd No. 69, 1992, r 9; No. 31, 2007, r 20\nr 24 sub No. 69, 1992, r 10\namd No. 31, 2007, r 20\nrep Act No. 5, 2022, s 33\nr 24A ins No. 6, 2005\namd Act No. 7, 2007, s 16; Act No. 41, 2010, s 30\nr 25 rep Act No. 31, 1991, s 15\nins No. 41, 1992, r 6\namd Act No. 33, 2019, s 21\npt V hdg ins No. 31, 2007, r 12\nrr 26 – 30 ins No. 31, 2007, r 12\nsch 1 amd No. 41, 1992, rr 7 and 11; No. 69, 1992, r 11; Act No. 84, 1993, s 6;\nNo. 53, 2000, r 7; No. 31, 2007, rr 13 and 20; Act No. 23, 2008, s 21; Act\nNo. 14, 2009, s 180\nrep Act No. 5, 2022, s 33\nsch 2 amd No. 4, 1984\nsub No. 36, 1991, r 6\namd No. 41, 1992, r 8\nsub No. 69, 1992, r 12; No. 31, 2007, r 14; No. 34, 2009, r 4\namd No. 30, 2013, r 3\nsub Act No. 12, 2016, s 35\namd No. 37, 2016, r 3; No. 24, 2019, r 6; Act No. 2, 2026, s 12\nsch 3 ins No. 36, 1991, r 7\namd No. 41, 1992, rr 9 and 11; Act No. 38, 2002, s 7; Act No. 14, 2009, s 181\nsch 4 ins No. 41, 1992, r 10\namd Act No. 18, 2002, s 7; Act No. 33, 2019, s 22\nsch 4A ins No. 31, 2007, r 15\nrep No. 24, 2019, r 7\nsch 4B ins No. 31, 2007, r 15\namd Act No. 23, 2008, s 21\nrep No. 24, 2019, r 7\nsch 5 ins No. 61, 1996, r 6\namd No. 31, 2007, r 16; Act No. 23, 2008, s 21; Act No. 14, 2009, s 182\nrep No. 24, 2019, r 7\nsch 6 ins No. 61, 1996, r 6\nrep No. 31, 2007, r 17\nsch 7 ins No. 61, 1996, r 6\nsub No. 31, 2007, r 18; No. 24, 2019, r 7\nrep Act No. 5, 2022, s 33\nsch 8 ins No. 31, 2007, r 19","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"Originally focused on land and business agents (as indicated by early name 'Land and Business Agents Regulations'), the legislation has expanded significantly to include: conveyancing agents (added 1992), detailed trust money schemes for body corporate managers (added 1991), professional indemnity insurance requirements (added 1991), infringement notice procedures (added 2007), and extensive rules of conduct. The 2026 amendments further streamlined licensing schemes, indicating continued evolution beyond the original 1979 scope."},"complexity_factors":["Multiple agent types with different rules (real estate, business, conveyancing)","Extensive cross-referencing to the parent Agents Licensing Act 1979 (e.g., 'section 108B', 'Part V Division 3 of the Act')","Conditional audit requirements with multiple exceptions (regulations 13-16A)","Nested definitions (e.g., 'relation' defined within 'testimonial' rules)","Two separate trust money schemes (Scheme 1 and Scheme 2 in Schedule 3) with different operational requirements","Dual applicability rules for companies/firms vs individuals (regulation 18)","Multiple schedules containing substantive rules (Schedules 2, 3, 4, 8) rather than inline text","Historical layering visible in endnotes showing 40+ years of amendments"],"plain_english_summary":"These regulations set out the detailed rules for how real estate agents, business agents, and conveyancing agents (lawyers who handle property transfers) operate in the Northern Territory. They cover:\n\n**Who needs a licence:**\n- Real estate agents (selling property)\n- Business agents (selling businesses)\n- Conveyancing agents (handling legal paperwork for property sales)\n\n**What you need to apply:**\n- **Testimonials** (character references) from approved professionals who have known you for at least 12 months\n- **Proof of identity** (passport or driver's licence)\n- **Police checks** (national police certificates)\n- **Statutory declarations** (sworn statements) verifying your application\n\n**Trust money rules:**\nAgents must keep client money separate in trust accounts. These accounts must be audited regularly—especially when starting up, shutting down, or if the agent dies. There are special schemes for body corporate managers (people who manage apartment buildings).\n\n**Professional standards:**\n- Agents must have professional indemnity insurance (unless they're employees of another agent)\n- They must follow a detailed code of conduct including:\n  - Acting with \"utmost good faith\" (complete honesty)\n  - Not acting for both buyer and seller without disclosure\n  - Not giving legal advice unless qualified\n  - Keeping client information confidential\n  - Advertising truthfully\n\n**Enforcement:**\n- Minor breaches can be dealt with via **infringement notices** (on-the-spot fines)\n- Serious breaches go to court\n- The Board can share information with people who have a \"sufficient interest\" in trust money\n\n**Fees:**\nLicences and registrations cost between roughly $135 and $3,200 depending on type and duration (fees are calculated in \"revenue units\"—a standard NT government pricing unit).\n\n**Why it matters:**\nThese rules protect consumers when buying property or businesses. They ensure agents are trustworthy, properly trained, handle money responsibly, and face consequences if they misbehave."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Since first made in 1979 the Regulations have expanded from simple licensing technicalities to a broader regulatory toolkit. Additions include: a detailed trust‑account audit regime with specified first/ceasing audit rules (regs 13–14); statutory audit exemptions and prescribed body corporate manager schemes for pooled trust money (reg 16, reg 16A, Schedule 3); an indemnity insurance exemption for employees (reg 16B); a formal rules of conduct regime (Schedule 4) and a mandated consultation list for rule-making (reg 24A); a formal infringement notice framework tied to the Territory fines‑recovery system (regs 26–30; Schedule 8); and a comprehensive prescribed fees schedule (reg 23; Schedule 2). These additions extend regulatory reach from entry standards to ongoing financial oversight, professional conduct, fee structures and streamlined enforcement — materially broadening the Regulations' operational scope beyond their original, narrower licensing focus."},"complexity_factors":["Multiple schedules with substantive rules (Schedule 2 fees, Schedule 3 trust schemes, Schedule 4 rules of conduct, Schedule 8 infringement list)","Numerous cross-references to the Agents Licensing Act and other Territory/ Commonwealth laws (e.g. Part V Division 3 of the Act, Fines and Penalties (Recovery) Act, Business Names Registration Act, Trustee Act)","Layered conditional logic and exceptions (e.g. audit timing adjustments, audit exemptions, exclusions where business is taken over or where person was an employee/business manager — regs 13–16)","Detailed documentary requirements with differing rules by applicant type (individual, company, firm) and for updates on changes (regs 6, 8, 22)","Prescriptive and varying fee schedules with multiple licence types and terms (Schedule 2: many entries with 1-, 3- and 5-year options)","Joint and several obligations imposed on individuals within corporate or firm licensees (reg 18) increasing compliance mapping complexity","Interlocking enforcement pathways (infringement notices under these Regulations connected to the Fines and Penalties (Recovery) Act and ordinary prosecution — regs 26–30)","Discretion delegated to the Board on approvals and exemptions (multiple provisions require Board approval or allow Board direction)","Statutory confidentiality rule for auditors with criminal penalty but multiple exceptions (reg 15)","Integration with national or other Territory regimes for identity evidence and testimonials (regs 17, 17A referencing national laws and registration systems)"],"plain_english_summary":"**What these Regulations do (mechanics)\n\n- Set documentary and identity requirements for people and businesses applying for licences to act as real estate agents, business agents or conveyancing agents, and for registration of agents' representatives (regs 6, 8; regs 17–17A).\n- Require periodic audits of trust-account records and set timing rules for first audits, final audits when an agent stops trading, and limited confidentiality rules for auditors (regs 13–15).  They also allow an exemption from audit where an agent did not hold trust money in the audited period, subject to a statutory declaration (reg 16).\n- Prescribe two alternative schemes for how a body corporate manager may handle trust money on behalf of multiple corporations, including recordkeeping, audit and interest-handling rules (Schedule 3, reg 16A).\n- Provide an exemption from the requirement to hold indemnity insurance for agents who are employees of another agent (reg 16B).\n- Define what must be recorded in the public registers for licensed agents and agents' representatives, and require prompt notification of changes of particulars, with penalties for late notification (regs 20–22).\n- Set rules of conduct for agents (general and additional rules for conveyancing agents) covering duties, conflicts, advertising, confidentiality, and professional standards (Schedule 4, reg 25).\n- Establish an infringement notice scheme for particular regulatory offences, specify what an infringement notice must contain, and link recovery/enforcement to the Fines and Penalties (Recovery) Act (regs 26–30; Schedule 8).\n- Prescribe fees for applications, renewals and other services (reg 23; Schedule 2).\n- Require the Board to consult specified external bodies when developing proposed rules of conduct (reg 24A).\n\nWho this affects\n\n- Individuals, firms and companies that apply for or hold licences as real estate agents, business agents or conveyancing agents, and people who seek registration as agents' representatives (regs 6, 8, Schedule 2).\n- Directors, partners and business managers of licensed companies or firms because obligations are imposed jointly and severally on relevant officers (reg 18).\n- Body corporate managers and unit-title managers who handle trust money for multiple corporations (Schedule 3).\n- Auditors engaged to audit trust accounts (regs 13–16; reg 15 limits disclosure with a penalty).\n- The Board and the Registrar, who have discretion to approve forms, permit exemptions, accept identity evidence and withdraw infringement notices (multiple regs, e.g. regs 15(2)(c), 16, 17, 22, 29).\n- Enforcement agencies under the Fines and Penalties (Recovery) Act (regs 27(1)(e), 27(2)).\n\nWhy it matters (stated purpose and practical effects)\n\n- The Regulations operationalise licensing and oversight in the agents sector by: (a) setting minimum documentary checks at entry (identity, testimonials, national police certificates, statutory declaration) to screen for suitability (reg 6, reg 8, regs 17–17A); (b) creating ongoing financial accountability through audits of trust accounts and a narrowly‑drawn audit exemption to reduce unnecessary audits (regs 13–16); and (c) spelling out professional behaviour through rules of conduct and an infringement notice enforcement pathway (Schedule 4; regs 26–30; Schedule 8).\n\nTesting the stated functions against costs, incentives and risks\n\n- Who pays: Applicants and licensees bear application and renewal fees (Schedule 2). Licensees pay for audits and for compliance systems needed to maintain trust accounts and meet recordkeeping rules (regs 13–16; Schedule 3). Agents who are employers (not employees) generally carry the cost of indemnity insurance unless exempted (reg 16B).\n- Compliance burden and administrative costs: Multiple documentary requirements on application (testimonials, identity documents, police checks, statutory declarations — reg 6, reg 8, regs 17–17A) and notification obligations on changes of particulars within 14 days (reg 22) impose ongoing administrative tasks for licensees and their firms. Companies and firms also must provide the same documents for new directors or partners (reg 22(5)–(6)).\n- Incentives and behavioural effects: Audit requirements and the threat of regulatory penalties incentivise licensees to segregate and properly record trust funds. The audit exemption (reg 16) reduces unnecessary audit cost where no trust moneys are held, but requires a statutory declaration that itself is a compliance step. The body corporate manager schemes (Schedule 3) permit operational efficiencies (pooled accounts or notional sub‑accounts) but tie those efficiencies to tighter recordkeeping and regular audit requirements.\n- Bureaucratic discretion and implementation risks: The Board has discretion to approve testimonial forms, accept identity evidence, permit longer audit intervals or otherwise grant exemptions (regs 17, 17A, 13, 16). That discretion can speed tailored responses but also creates administrative variation and requires clear processes to limit unpredictability. The confidentiality rule for auditors (reg 15) imposes a criminal penalty for unlawful disclosure while providing exceptions that enable Board oversight and legal proceedings, balancing secrecy with investigatory needs.\n- Enforcement and escalation: Inspectors can issue infringement notices for listed regulatory offences (regs 26–27; Schedule 8). The notices link to the Territory's fines‑recovery machinery; non‑payment can lead to real consequences under the Fines and Penalties (Recovery) Act (reg 27(2)). This creates a lower‑cost enforcement path than court prosecution for minor breaches, but serious or unresolved breaches remain prosecutable (reg 30).\n- Effects on markets and third parties: Rules preventing agents from acting as conveyancers for buyers where they acted for sellers (Schedule 4, Part 1, cl 6) or where conflicts exist (Schedule 4, Part 2, cl 7) shift some work to solicitors or other conveyancers and aim to limit conflicts of interest. The requirement to provide bona fide quotes (Schedule 4, Part 2, cl 6) influences price transparency.\n\nConcentrated benefits, trade‑offs and opportunity costs\n\n- Concentrated benefits: Licensed firms that can absorb compliance costs benefit from clearer standards and potentially reduced competition from non‑compliant operators. Body corporate managers can obtain operational efficiencies under prescribed schemes (Schedule 3) if they meet audit and recordkeeping rules.\n- Diffuse costs: Smaller sole practitioners or new entrants bear a proportionally higher compliance and fees burden (Schedule 2; regs 6, 8). Time and money spent on police certificates, statutory declarations, audits and record updates are ongoing costs.\n- Trade‑offs: The Regulations trade lower risk to trust funds and clearer professional standards against higher administrative costs and some constraints on the scope of services agents may provide (for example, limits on acting as conveyancer in certain situations and the requirement to refer complex legal matters to solicitors).\n\nPractical pointers (where powers and decisions sit)\n\n- The Board: approves testimonial formats, may direct auditor timing, may permit audit exemptions or special account names, and must be consulted for rules of conduct (regs 13, 16, 17, 24A; Schedule 3).\n- The Registrar: receives registrations, change notifications and can withdraw infringement notices (regs 8, 22, 29).\n- Inspectors and enforcement agencies: issue infringement notices and enforce fines under the Fines and Penalties (Recovery) Act (regs 26–27).\n\nKey references in the Regulations: application and registration requirements (regs 6, 8), audits and exemptions (regs 13–16, reg 16A and Schedule 3), indemnity insurance exemption for employees (reg 16B), rules of conduct (Schedule 4), infringement notices (regs 26–30; Schedule 8), prescribed fees (reg 23; Schedule 2)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1979 regulations were almost certainly narrower in scope and reflected the commercial landscape of the late 1970s. A 2019 remake under the same name suggests the scope has been modernised — likely expanding to cover contemporary agent types, updated fee structures, and modern compliance obligations. However, without access to the full text of both versions, the precise extent of scope change cannot be confirmed."},"complexity_factors":["The legislation has a confusing naming convention — titled '1979' but made in 2019, suggesting a long amendment history that requires cross-referencing with the original Act and potentially multiple prior versions","The unusually long gap between the date of making (September 2019) and commencement (February 2026 — over 6 years) raises questions about transitional arrangements and which rules apply in the interim","Limited content is available in the provided text, meaning the actual regulatory requirements (fees, conditions, procedures) cannot be assessed for complexity","Regulations of this type typically interact with a parent Act (the Agents Licensing Act), requiring readers to consult multiple documents to understand the full picture","The reprint reference (REPA035R1) suggests this is a consolidated reprint, meaning changes may have been layered over time and original provisions may be hard to identify"],"plain_english_summary":"These regulations set out the licensing framework for agents (e.g., real estate, travel, business brokers) in the Northern Territory, affecting current and prospective licensed agents, their employers, and consumers who deal with them. The instrument is a 2019 remake of the 1979 rules and, importantly, does not take effect until 10 February 2026 — so updated licensing obligations will begin then."}},"importantCases":[],"_links":{"self":"/api/acts/agents-licensing-regulations-1979","history":"/api/acts/agents-licensing-regulations-1979/history","analysis":"/api/acts/agents-licensing-regulations-1979/analysis","conflicts":"/api/acts/agents-licensing-regulations-1979/conflicts","importantCases":"/api/acts/agents-licensing-regulations-1979/important-cases","documents":"/api/acts/agents-licensing-regulations-1979/documents"}}