{"id":"sr:estate-agents-exemption-regulations-2024","name":"Estate Agents (Exemption) Regulations 2024","slug":"estate-agents-exemption-regulations-2024","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183881,"registerId":"vic-sr:estate-agents-exemption-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Estate Agents (Exemption) Regulations 2024","content":"Version No. 001\n\n**Estate Agents (Exemption) Regulations 2024**\n\n**S.R. No. 114/2024**\n\nVersion as at  \n23 October 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definition 1\n\n6 Exemption for certain corporations 1\n\n7 Exemption for employees of authorised deposit‑taking institutions 2\n\n8 Exemption for persons who arrange short-term letting 2\n\n═════════════\n\nEndnotes 4\n\n1 General information 4\n\n2 Table of Amendments 6\n\n3 Explanatory details 7\n\n**Version No.** **001**\n\n**Estate Agents (Exemption) Regulations 2024**\n\n**S.R. No. 114/2024**\n\nVersion as at  \n23 October 2024\n\n\t1 Objective\n\nThe objective of these Regulations is to exempt certain classes of corporations, employees and persons from the requirement to hold an estate agent's licence in certain circumstances.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 99 of the **Estate Agents Act 1980**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 23 October 2024.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Estate Agents (Exemption) Regulations 2014[[1]](#endnote-1);\n\n(b) the Estate Agents (Exemption) Amendment Regulations 2015[[2]](#endnote-2).\n\n\t5 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Estate Agents Act 1980**.\n\n\t6 Exemption for certain corporations\n\n(1) A corporation is an exempt person for the purposes of section 5(2)(h) of the Act if the corporation—\n\n(a) carries on the business of an estate agent in relation to the assets of an entity that, in relation to the corporation, is an associated entity within the meaning of section 50AAA of the Corporations Act; and\n\n(b) is an estate agent by reason only of the business carried on by it in relation to those assets; and\n\n(c) when carrying on that business as an estate agent discloses in writing in any advertising or contract relating to those assets its relationship to the owner of those assets.\n\n(2) In this regulation—\n\n***corporation*** includes an employee of the corporation who is acting in the capacity of an employee of the corporation.\n\n\t7 Exemption for employees of authorised deposit‑taking institutions\n\nAn employee of an authorised deposit-taking institution is an exempt person for the purposes of section 5(2)(h) of the Act in carrying out any transaction for that institution.\n\n\t8 Exemption for persons who arrange short-term letting\n\n(1) A person who acts as an estate agent solely in relation to the letting of residential property for a period of no more than 90 days is an exempt person for the purposes of section 5(2)(h) of the Act.\n\n(2) For the purpose of subregulation (1), 2 or more consecutive lettings of the same residential property are to be treated as a single letting if each of the lettings is to the same person.\n\n(3) For the purpose of subregulation (2), 2 or more lettings of the same residential property to the same person are to be treated as consecutive lettings unless the property is let to another person between those lettings.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Estate Agents (Exemption) Regulations 2024, S.R. No. 114/2024 were made on 22 October 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 99 of the **Estate Agents Act 1980**, No. 9428/1980 and came into operation on 23 October 2024: regulation 3.\n\nThe Estate Agents (Exemption) Regulations 2024 will sunset 10 years after the day of making on 22 October 2034 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Estate Agents (Exemption) Regulations 2024 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 189/2014 as amended by S.R. No. 54/2015. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 54/2015. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations replace the 2014 version with the same three exemption categories (corporations, bank employees, short-term letting). The scope remains tightly focused on these specific exemptions from estate agent licensing requirements. No new categories added, no expansion beyond original purpose."},"complexity_factors":["Only 8 regulations total, with 3 substantive exemption provisions","Single defined term ('the Act') in regulation 5","One external statutory cross-reference (Corporations Act section 50AAA for 'associated entity' definition)","Simple conditional structure in regulation 8 with basic anti-avoidance rule for consecutive lettings","No nested exceptions or complex definitional chains","Clear, purpose-built structure replacing previous 2014 regulations without expansion of scope"],"plain_english_summary":"**What this does:** These regulations create exceptions to Victoria's estate agent licensing rules. Normally, anyone acting as an estate agent (selling, leasing, or managing property for others) needs a licence. These rules say three specific groups don't need one in certain situations.\n\n**Who it affects:**\n- **Corporate groups:** A company that manages property owned by a related company (like a parent company, subsidiary, or sister company under the Corporations Act definition of \"associated entity\") doesn't need a licence, provided they disclose this relationship in writing in any ads or contracts.\n- **Bank employees:** Staff of banks and other authorised deposit-taking institutions (ADIs) don't need a licence when doing property transactions for their employer.\n- **Short-term rental arrangers:** People who arrange residential rentals for 90 days or less don't need a licence. There's a catch: if you rent the same property to the same person multiple times back-to-back, that counts as one continuous rental period. But if someone else rents it in between, the clock resets.\n\n**Why it matters:** This reduces red tape for common business arrangements. Corporate groups can manage their own property portfolios without licensing every entity. Banks can handle property matters in-house. And the booming short-term rental market (like Airbnb-style arrangements) gets a clear exemption for stays under three months, while preventing people from gaming the system by breaking long-term leases into consecutive short ones."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulations implement their stated objective (reg 1) by creating three explicitly defined exemption categories (regs 6–8) and revoking the earlier exemption instruments (reg 4). The instrument’s operative scope aligns with that objective and does not, on its face, extend beyond the classes and conditions it specifies."},"complexity_factors":["Narrow, rule‑based scope limited to three exemption classes (regs 6–8) — lowers complexity.","Cross‑references to other legislation: Estate Agents Act 1980 (authorising Act) and Corporations Act s50AAA (reg 6(a)) — requires users to consult external definitions.","Documentation requirement for associated‑entity transactions: written disclosure in advertising or contracts (reg 6(c)) — creates a concrete compliance step.","Definition extension: 'corporation' includes employees acting in that capacity (reg 6(2)) — modest interpretive impact.","Temporal rule for short‑term letting (90 days) and treatment of consecutive lettings (regs 8(1)–(3)) — requires tracking of rental timing and same‑person rules.","Revocation of prior instruments (reg 4) and statutory sunset (endnotes) — administrative housekeeping that may affect transitional arrangements.","Low discretionary authority in text — exemptions are bright‑line rather than delegated decision frameworks."],"plain_english_summary":"These Regulations (commencing 23 October 2024) exempt three narrow classes of people from the requirement to hold an estate agent licence: corporations acting only for associated entities (as defined by the Corporations Act) that disclose the relationship in writing; employees of authorised deposit‑taking institutions when transacting for their institution; and persons arranging residential lettings of 90 days or less (with rules on consecutive lettings). The Regulations revoke the 2014 and 2015 exemption instruments and set these specific, documentary and time‑limited exemptions."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient information is available in the provided text to determine whether the scope changed from the original intent. The document contains only version history and status metadata, with no substantive regulatory content to compare against any stated original purpose."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history supplied, preventing full analysis","Exemption regulations typically require cross-referencing the parent Act (Estate Agents Act 1980 Vic) to understand what obligations are being exempted","Exemptions can have conditional requirements (e.g. only applying in specific circumstances or to specific classes of person), adding interpretive complexity","Interaction with other licensing and property laws may need consideration"],"plain_english_summary":"This regulation creates targeted exemptions to Victoria’s estate‑agent licensing and compliance rules, potentially excusing certain people or organisations who sometimes carry out estate‑agent activities from holding a licence or meeting particular requirements. It could affect property developers, lawyers, auctioneers and similar professionals. The precise scope and impact cannot be determined here because the full regulatory text listing who and what is exempted was not provided."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/estate-agents-exemption-regulations-2024","history":"/api/acts/estate-agents-exemption-regulations-2024/history","analysis":"/api/acts/estate-agents-exemption-regulations-2024/analysis","conflicts":"/api/acts/estate-agents-exemption-regulations-2024/conflicts","importantCases":"/api/acts/estate-agents-exemption-regulations-2024/important-cases","documents":"/api/acts/estate-agents-exemption-regulations-2024/documents"}}