{"id":"land-agents-act-1994","name":"Land Agents Act 1994","slug":"land-agents-act-1994","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105667,"registerId":"sa-land-agents-act-1994-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Land Agents Act 1994.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nagent—see section 4;\nauthorised officer means an authorised officer under the Fair Trading Act 1987;\nbusiness includes a share of, or interest in, a business or the goodwill of a business, but does not include a share in the capital of a corporation;\nCommissioner means the Commissioner for Consumer Affairs;\ndealing with land includes granting or taking a lease or tenancy agreement over land;\ndirector of a body corporate includes—\n\t(a)\ta person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and\n\t(b)\tany person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act;\nindemnity fund means the fund maintained under Part 3;\nland includes—\n\t(a)\tan interest in land; and\n\t(b)\tan exclusive right (whether deriving from the ownership of a share or interest in a body corporate or partnership or arising in some other way) to the separate occupation of land or a building or part of a building;\nlegal practitioner has the same meaning as in the Legal Practitioners Act 1981;\nmoney includes an instrument for the payment of money that may be negotiated by an ADI;\nmortgage means a legal or equitable mortgage over land;\nmortgage financing means negotiating or arranging loans secured by mortgage including receiving or dealing with payments under such transactions;\nproperty manager means a person who, for or on behalf of an agent—\n\t(a)\tgrants leases, tenancy agreements or licence agreements in relation to land (whether or not that land is to be used for residential purposes or for the purposes of a business); or\n\t(b)\tinduces or attempts to induce, or makes representations or negotiates with a view to inducing, a person to enter into such leases or agreements; or\n\t(c)\tensures compliance with the terms and conditions of such leases or agreements; or\n\t(d)\tperforms a function of a kind prescribed by regulation for the purposes of this paragraph,\nwhether or not the agent is the owner of the land, but does not include a person who performs a function of a kind excluded by regulation from the ambit of this definition;\nregistered agent includes a person registered as an agent and additionally registered as an auctioneer;\nregistered property manager includes—\n\t(a)\ta person registered as a property manager; or\n\t(b)\ta person registered as a sales representative and additionally registered as a property manager;\nregistered sales representative includes a person registered as a sales representative and additionally registered as an auctioneer;\nsales representative means a person who, for or on behalf of an agent—\n\t(a)\tacquires or disposes of land or a business (including by conducting an auction); or\n\t(b)\tinduces or attempts to induce, or makes representations or negotiates with a view to inducing, a person—\n\t(i)\tto acquire or dispose of land or a business; or\n\t(ii)\tto make an offer to acquire or dispose of land or a business; or\n\t(iii)\tto accept an offer to acquire or dispose of land or a business; or\n\t(iv)\tto enter into a contract for the acquisition or disposal of land or a business; or\n\t(c)\tperforms a function of a kind prescribed by regulation for the purposes of this paragraph, whether or not the agent is the owner of the land or business, but does not include a person who performs a function of a kind excluded by regulation from the ambit of this definition;\nsell includes auction and exchange, and purchase has a corresponding meaning;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n4—Meaning of agent\n\t(1)\tA person is an agent for the purposes of this Act if the person carries on a business that consists of or involves—\n\t(a)\tselling or purchasing or otherwise dealing with land or businesses on behalf of others, or conducting negotiations for that purpose; or\n\t(b)\tselling land or businesses on his or her own behalf, or conducting negotiations for that purpose.\n\t(2)\tHowever, a person does not act as an agent in so far as—\n\t(a)\tthe person sells or purchases or otherwise deals with land or businesses on behalf of others, or conducts negotiations for that purpose, in the course of practice as a legal practitioner; or\n\t(b)\tthe person sells land or businesses, or conducts negotiations for that purpose, through the instrumentality of an agent; or\n\t(c)\tthe person engages in mortgage financing.\n5—Commissioner to be responsible for administration of Act\nThe Commissioner is responsible, subject to the control and directions of the Minister, for the administration of this Act.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Registration and management of agent's business","content":"Part 2—Registration and management of agent's business\n6—Agents to be registered\n\t(1)\tA person must not carry on business, or hold himself or herself out, as an agent unless registered as an agent under this Act.\n\t(a)\tfor an offence committed by a natural person—\n\t(i)\tfor a first or second offence—$50 000; or\n\t(ii)\tfor a third or subsequent offence—$50 000 or 12 months imprisonment or both; or\n\t(b)\tfor an offence committed by a body corporate—$250 000.\n\t(2)\tA person required by this Act to be registered as an agent is not entitled to commission or other consideration for services as an agent unless the person—\n\t(a)\tis, at the time of rendering the services, registered as an agent; and\n\t(b)\tis authorised, in writing, to act as an agent by the person for whom the services are rendered or a person authorised to act on behalf of that person.\n\t(3)\tAny commission or other consideration paid or given to a person who is, under subsection (2), not entitled to it may be recovered from the person as a debt.\n6A—Sales representatives to be registered\n\t(1)\tA person must not act as a sales representative for an agent unless the person—\n\t(b)\tis registered as a sales representative under this Act and is acting as an employee engaged by the agent under a contract of service.\n\t(2)\tFor the purposes of subsection (1), a person acts as a sales representative for an agent if the person—\n\t(a)\tis or remains in the service of the agent as a sales representative; or\n\t(b)\tholds himself or herself out as a sales representative for the agent; or\n\t(c)\tperforms any of the functions of a sales representative on behalf of the agent.\n\t(3)\tAn agent must not engage another person to perform any of the functions of a sales representative in the course of the agent's business unless the other person—\n\t(b)\tis registered as a sales representative under this Act and is engaged by the agent as an employee under a contract of service.\n6AB—Property managers to be registered\n\t(1)\tA person must not act as a property manager for an agent unless the person—\n\t(b)\tis registered as a sales representative under this Act, is additionally registered as a property manager and is acting as an employee engaged by the agent under a contract of service; or\n\t(c)\tis registered as a property manager under this Act and is acting as an employee engaged by the agent under a contract of service.\n\t(2)\tFor the purposes of subsection (1), a person acts as a property manager for an agent if the person—\n\t(a)\tis or remains in the service of the agent as a property manager; or\n\t(b)\tholds himself or herself out as a property manager for the agent; or\n\t(c)\tperforms any of the functions of a property manager on behalf of the agent.\n\t(3)\tAn agent must not engage another person to perform any of the functions of a property manager in the course of the agent's business unless the other person—\n\t(b)\tis registered as a sales representative under this Act, is additionally registered as a property manager and is engaged by the agent as an employee under a contract of service; or\n\t(c)\tis registered as a property manager under this Act and is engaged by the agent as an employee under a contract of service.\n6B—Auctioneers to be registered\n\t(1)\tA person must not conduct an auction in the course of that person's or some other person's business as an agent, or hold himself or herself out as being authorised to conduct such an auction, unless—\n\t(a)\tthe person is registered under this Act as an agent and is additionally registered as an auctioneer or is registered as a sales representative and is additionally registered as an auctioneer; or\n\t(b)\tthe auction is conducted through the instrumentality of a person who is registered under this Act as an agent and is additionally registered as an auctioneer or is registered as a sales representative and is additionally registered as an auctioneer.\nMaximum penalty: $5 000.\n\t(2)\tAn agent must not engage another person to conduct an auction in the course of the agent's business unless the other person—\n\t(a)\tis registered under this Act as an agent and is additionally registered as an auctioneer; or\n\t(b)\tis registered under this Act as a sales representative and is additionally registered as an auctioneer and is engaged by the agent as an employee under a contract of service.\n7—Application for registration\n\t(1)\tAn application for registration must—\n\t(a)\tbe made to the Commissioner in the manner and form approved by the Commissioner; and\n\t(b)\tbe accompanied by the fee fixed by regulation.\n\t(2)\tAn applicant for registration must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant and any other information required by the Commissioner for the purposes of determining the application.\n\t(2a)\tProof of registration granted to a natural person will include a registration card that bears a photograph of the person and has been issued to the person by the Commissioner; consequently the Commissioner may require an applicant for registration who is a natural person—\n\t(a)\tto attend at a specified place for the purpose of having the applicant's photograph taken; or\n\t(b)\tto supply the Commissioner with 1 or more photographs of the applicant as specified by the Commissioner.\n\t(3)\tIf an applicant for registration has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty.\n\t(4)\tThe Commissioner may, by notice in writing, require an applicant for registration, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction.\n\t(5)\tIf the applicant fails to comply with the notice under subsection (4), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application.\n8—Entitlement to be registered as agent\n\t(1)\tA natural person is entitled to be registered as an agent if the person—\n\t(a)\thas—\n\t(ii)\tsubject to the regulations, the qualifications that the Commissioner considers appropriate; and\n\t(b)\thas not—\n\t(i)\tbeen convicted of an indictable offence of dishonesty; or\n\t(ii)\tduring the period of 10 years preceding the application for registration, been convicted of a summary offence of dishonesty; and\n\t(c)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and\n\t(d)\tis not an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and\n\t(e)\thas not, during the period of five years preceding the application for registration, been a director of a body corporate wound up for the benefit of creditors—\n\t(i)\twhen the body was being so wound up; or\n\t(ii)\twithin the period of six months preceding the commencement of the winding up; and\n\t(f)\tis a fit and proper person to be registered as an agent.\n\t(2)\tA body corporate is entitled to be registered as an agent if—\n\t(a)\tthe body corporate—\n\t(i)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and\n\t(ii)\tis not being wound up and is not under official management or in receivership; and\n\t(b)\tno director of the body corporate—\n\t(i)\thas—\n\t(A)\tbeen convicted of an indictable offence of dishonesty; or\n\t(B)\tduring the period of 10 years preceding the application for registration, been convicted of a summary offence of dishonesty; or\n\t(ii)\tis suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; or\n\t(iii)\thas, during the period of five years preceding the application for registration, been a director of a body corporate wound up for the benefit of creditors—\n\t(A)\twhen the body was being so wound up; or\n\t(B)\twithin the period of six months preceding the commencement of the winding up; and\n\t(c)\teach director of the body corporate is a fit and proper person to be the director of a body that is registered as an agent.\n8A—Entitlement to be registered as sales representative\nA natural person is entitled to be registered as a sales representative if the person—\n\t(a)\thas—\n\t(ii)\tsubject to the regulations, the qualifications that the Commissioner considers appropriate; and\n\t(b)\thas not—\n\t(i)\tbeen convicted of an indictable offence of dishonesty; or\n\t(ii)\tduring the period of 10 years preceding the application for registration, been convicted of a summary offence of dishonesty; and\n\t(c)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and\n\t(d)\tis a fit and proper person to be registered as a sales representative.\n8B—Entitlement to be registered as sales representative subject to conditions relating to training and supervision\n\t(1)\tDespite section 8A, a natural person who does not have the qualifications required by that section, but would otherwise be entitled to be registered as a sales representative, is entitled to be registered as a sales representative if—\n\t(a)\tthe registration is made subject to conditions considered appropriate by the Commissioner relating to training to be undertaken by the person for the purpose of qualifying for unconditional registration as a sales representative; and\n\t(b)\tthe Commissioner does not consider that such registration should be refused because of previous failure by the applicant to comply with a condition referred to in paragraph (a).\n\t(2)\tThe Commissioner may, on application by the person and payment of the prescribed fee, or on the Commissioner's own initiative, by written notice, vary or revoke conditions of a person's registration under this section.\n\t(3)\tAn agent who employs as a sales representative a person registered under this section must ensure that the person is properly supervised in that employment.\nMaximum penalty: $10 000.\n\t(4)\tWithout limiting the effect of subsection (3), the regulations may provide that a sales representative will not be taken to be properly supervised for the purposes of that subsection unless certain practices specified in the regulations are followed.\n\t(5)\tThe Commissioner may, by written notice, cancel the registration of a person registered under this section if the Commissioner is satisfied that the person has, without reasonable excuse, failed to comply with a condition of the registration.\n8BA—Entitlement to be registered as property manager\nA natural person is entitled to be registered as a property manager if—\n\t(a)\tthe person is registered as an agent under this Act; or\n\t(b)\tthe person—\n\t(i)\tis registered as a sales representative under this Act; and\n\t(ii)\thas—\n\t(A)\tthe qualifications required by regulation; or\n\t(B)\tsubject to the regulations, the qualifications that the Commissioner considers appropriate; or\n\t(c)\tthe person—\n\t(i)\thas—\n\t(A)\tthe qualifications required by regulation; or\n\t(B)\tsubject to the regulations, the qualifications that the Commissioner considers appropriate; and\n\t(ii)\thas not—\n\t(A)\tbeen convicted of an indictable offence of dishonesty; or\n\t(B)\tduring the period of 10 years preceding the application for registration, been convicted of a summary offence of dishonesty; and\n\t(iii)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and\n\t(iv)\tis a fit and proper person to be registered as a property manager.\n8BB—Entitlement to be registered as property manager subject to conditions relating to training and supervision\n\t(1)\tDespite section 8BA, a natural person who does not have the qualifications required by that section, but would otherwise be entitled to be registered as a property manager, is entitled to be registered as a property manager if—\n\t(a)\tthe registration is made subject to conditions considered appropriate by the Commissioner relating to training to be undertaken by the person for the purpose of qualifying for unconditional registration as a property manager; and\n\t(b)\tthe Commissioner does not consider that such registration should be refused because of previous failure by the applicant to comply with a condition referred to in paragraph (a).\n\t(2)\tThe Commissioner may, on application by the person and payment of the prescribed fee, or on the Commissioner's own initiative, by written notice, vary or revoke conditions of a person's registration under this section.\n\t(3)\tAn agent who employs as a property manager a person registered under this section must ensure that the person is properly supervised in that employment.\nMaximum penalty: $10 000.\n\t(4)\tWithout limiting the effect of subsection (3), the regulations may provide that a property manager will not be taken to be properly supervised for the purposes of that subsection unless certain practices specified in the regulations are followed.\n\t(5)\tThe Commissioner may, by written notice, cancel the registration of a person registered under this section if the Commissioner is satisfied that the person has, without reasonable excuse, failed to comply with a condition of the registration.\n8C—Entitlement to be registered as auctioneer\nA natural person is entitled to be registered as an auctioneer if the person—\n\t(a)\tis registered as an agent or sales representative under this Act; and\n\t(b)\thas—\n\t(ii)\tsubject to the regulations, the qualifications that the Commissioner considers appropriate.\n8D—Reviews\n\t(1)\tA person whose application for registration has been refused by the Commissioner may seek a review of the Commissioner's decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tSubject to subsection (4), an application for review may be made to the Tribunal within 1 month after the making of the Commissioner's decision.\n\t(3)\tThe Commissioner must, if so required by the person, state in writing the reasons for the Commissioner's decision.\n\t(4)\tIf the reasons of the Commissioner are not given in writing at the time of the making of the Commissioner's decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\n8E—Power of Commissioner to require photograph and information\nThe Commissioner may, by notice in writing, require a natural person who is registered under this Act, within a time fixed by the notice (which may not be less than 28 days after service of the notice)—\n\t(a)\tat least once in every 10 years—\n\t(i)\tto attend at a specified place for the purpose of having the person's photograph taken; or\n\t(ii)\tto supply the Commissioner with 1 or more photographs of the person as specified by the Commissioner; and\n\t(b)\tnot more than once in each year—to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the person.\n9—Duration of registration and annual fee and return\n\t(1)\tA person's registration remains in force (except for any period for which it is suspended) until—\n\t(a)\tthe registration is surrendered or cancelled; or\n\t(b)\tthe person dies or, in the case of a body corporate, is dissolved.\n\t(2)\tA registered person must, each year not later than the date fixed by regulation—\n\t(a)\tpay to the Commissioner the fee fixed by regulation; and\n\t(b)\tlodge with the Commissioner a return in the manner and form required by the Commissioner.\n\t(3)\tWhere a person fails to pay the annual fee or lodge the annual return in accordance with subsection (2), the Commissioner may, by notice in writing, require the person to make good the default.\n\t(4)\tWhere the person fails to comply with the notice within 28 days after service of the notice, the person's registration is cancelled.\n\t(5)\tThe Commissioner must notify the person in writing of the cancellation of the person's registration.\n\t(6)\tA registered person may surrender registration.\n\t(7)\tIn this section—\nregistered person includes a person whose registration has been suspended.\n10—Incorporated agent's business to be properly managed and supervised\nA registered agent that is a body corporate must ensure that the agent's business is properly managed and supervised by a registered agent who is a natural person.\n11—Each of agent's places of business to be properly managed and supervised\nA registered agent must ensure that each place of business of the agent is properly managed and supervised by a registered agent who is a natural person or, in accordance with the regulations, by some other natural person nominated in writing to the Commissioner.\n11A—Regulations relating to proper management and supervision\nWithout limiting the effect of section 10 or 11, the regulations may provide that a registered agent will not be taken to properly manage and supervise a business or place of business for the purposes of section 10 or 11 unless the agent follows practices specified in the regulations.\n11B—Registration card to be carried or displayed\nA natural person who is registered under this Act must, at all times when performing functions as an agent, sales representative or property manager, carry the registration card issued to the person by the Commissioner and produce it forthwith if requested to do so by—\n\t(a)\tan authorised officer; or\n\t(b)\ta person with whom the person has dealings as an agent, sales representative or property manager.\nMaximum penalty: $1 250.\nExpiation fee: $160.\nPart 2AA—Suspension or variation of registration in urgent circumstances\n11BA—Commissioner may suspend or impose conditions on registration in urgent circumstances\n\t(1)\tIf the Commissioner is of the opinion that—\n\t(a)\tthere are reasonable grounds to believe that a registered agent, registered sales representative, registered auctioneer or registered property manager has engaged or is engaging in conduct that constitutes grounds for disciplinary action under Part 4; and\n\t(b)\tit is likely that the agent, sales representative, auctioneer or property manager will continue to engage in that conduct; and\n\t(c)\tthere is a danger that a person or persons may suffer significant harm, or significant loss or damage, as a result of the conduct unless action is taken under this section,\nthe Commissioner may, by notice served on the agent, sales representative, auctioneer or property manager—\n\t(d)\tsuspend the registration, with immediate effect—\n\t(i)\tfor a specified period (not exceeding 6 months); or\n\t(ii)\tuntil the completion (including withdrawal) of specified legal proceedings; or\n\t(iii)\tuntil the fulfilment of other specified conditions; or\n\t(e)\timpose specified conditions on the registration, with immediate effect.\n\t(2)\tIf the Commissioner is satisfied that the facts and circumstances that gave rise to the imposition of conditions on a registration under this section have so altered that the imposition of the conditions is no longer necessary, the Commissioner must, by further notice specifying the date of termination, terminate the imposition of the conditions.\n\t(3)\tIf, during the suspension of a registration under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have so altered that the suspension should be terminated, the Commissioner must, by further notice specifying the date of termination, terminate the suspension without delay and restore the registration to the person (either in the form in which it existed prior to the suspension or subject to new conditions).\n\t(4)\tA person whose registration is suspended or made subject to conditions under this section may seek a review by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of the decision of the Commissioner to suspend the registration (including the period of the suspension) or to impose the conditions.\n\t(5)\tSubject to subsection (7), an application for review must be made to the Tribunal within 1 month after the making of the relevant decision.\n\t(6)\tThe Commissioner must, if so required by the person, state in writing the reasons for the Commissioner's decision.\n\t(7)\tIf the reasons of the Commissioner are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\n\t(9)\tThis section applies in relation to conduct occurring before or after the commencement of this section.\n","sortOrder":1},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Cancellation, suspension or variation of registration","content":"Part 2A—Cancellation, suspension or variation of registration\n11C—Commissioner may cancel, suspend or impose conditions on registration\n\t(1)\tIf the Commissioner is satisfied that events have occurred such that a registered agent, registered sales representative, registered property manager or registered auctioneer would not be entitled to be so registered if the person were to apply for registration, the Commissioner may, by notice served on the person—\n\t(a)\tcancel the registration; or\n\t(b)\tsuspend the registration for a specified period or until the fulfilment of stipulated conditions; or\n\t(c)\timpose conditions on the registration.\n\t(2)\tIf the Commissioner is satisfied that the facts and circumstances that gave rise to the imposition of conditions on a registration under this section have altered, the Commissioner may, by further notice specifying the date of termination, terminate the imposition of the conditions.\n\t(3)\tIf, during the suspension of a registration under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have altered, the Commissioner may, by further notice specifying the date of termination, terminate the suspension and restore the registration to the person (either in the form in which it existed prior to the suspension or subject to new conditions).\n\t(4)\tA person whose registration is cancelled, suspended or made subject to conditions under this section may seek a review by the Tribunal, under section 34 of the South Australian Civil and Administrative Tribunal Act 2013, of the decision of the Commissioner to cancel or suspend the registration or to impose the conditions.\n\t(5)\tSubject to subsection (7), an application for review may be made to the Tribunal within 1 month after the making of the relevant decision.\n\t(6)\tThe Commissioner must, if so required by the person, state in writing the reasons for the Commissioner's decision.\n\t(7)\tIf the reasons of the Commissioner are not given in writing at the time of the making of the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\n\t(9)\tThis section applies in relation to conduct occurring before or after the commencement of this section.\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"Trust accounts and indemnity fund","content":"Part 3—Trust accounts and indemnity fund\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary","content":"Division 1—Preliminary\n12—Interpretation of Part 3\n\t(1)\tIn this Part, unless the contrary intention appears—\nauditor means—\n\t(a)\ta registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(b)\ta person who meets the requirements prescribed by regulation for the purposes of this definition;\nfiduciary default means a defalcation, misappropriation or misapplication of trust money occurring while the money is in the possession or control of—\n\t(a)\tan agent; or\n\t(b)\ta firm of which an agent is a member;\nrecord includes information kept by computer, microfilm or other process;\ntrust account, in relation to an agent, means an account in which trust money is required to be deposited by the agent;\ntrust money, in relation to an agent, means money—\n\t(a)\tthat is received by the agent when acting as an agent; and\n\t(b)\tto which the agent is not wholly entitled in law and in equity.\n\t(2)\tA reference in this Part to a fiduciary default extends to a fiduciary default that occurred before the commencement of this Act.\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Trust accounts","content":"Division 2—Trust accounts\n13—Receiving and dealing with trust money\n\t(1)\tAn agent, sales representative, property manager or any other person who receives trust money in relation to an agent must, as soon as practicable after receiving the trust money, deposit the money into an account (in the name of the agent) approved by the Commissioner at an ADI.\n\t(2)\tAn agent, sales representative, property manager or any other person who is entitled to deposit trust money into, withdraw trust money from, or deal with trust money in, an agent's trust account must not—\n\t(a)\tpay money other than trust money into the trust account; or\n\t(b)\twithdraw, or permit another person to withdraw, money from the trust account except as permitted by, and in accordance with, this Part.\n\t(3)\tA person—\n\t(a)\twho receives trust money under subsection (1); or\n\t(b)\twho is entitled to withdraw or deal with trust money under subsection (2),\nmust not cause a defalcation, misappropriation or misapplication of the trust money.\n\t(a)\tin the case of a natural person—$100 000 or 5 years imprisonment or both;\n\t(b)\tin the case of a body corporate—$250 000.\n\t(4)\tThe Commissioner may, by notice in writing to an ADI—\n\t(a)\tapprove accounts of a particular class (being accounts that carry interest at a rate considered satisfactory by the Commissioner) for the purposes of this section; or\n\t(b)\tvary or revoke any such approval.\n14—Withdrawal of money from trust account\nSubject to this Part, money may only be withdrawn from a trust account for the following purposes:\n\t(a)\tfor payment to the person entitled to the money or for payment in accordance with the directions of that person;\n\t(b)\tin satisfaction of a claim for commission, fees, costs or disbursements that the agent has against the person on behalf of whom the money is held;\n\t(c)\tto satisfy an order of a court or the Tribunal against the person on behalf of whom the agent is holding the money;\n\t(d)\tfor payment into a court or the Tribunal before which proceedings have been instituted in relation to the money;\n\t(e)\tfor the purpose of dealing with the money in accordance with the Unclaimed Moneys Act 1891;\n\t(f)\tfor making any other payment authorised by law.\n15—Payment of interest on trust accounts to Commissioner\nInterest that an ADI is liable to pay in respect of trust money held in a trust account must be paid by the ADI to the Commissioner on the days fixed by regulation.\n16—Appointment of administrator of trust account\n\t(1)\tIf the Commissioner knows or suspects on reasonable grounds that an agent—\n\t(a)\tis not registered as required by law; or\n\t(b)\thas been guilty of a fiduciary default in relation to trust money; or\n\t(c)\thas operated on the trust account in such an irregular manner as to require immediate supervision; or\n\t(d)\thas acted contrary to this Act or otherwise unlawfully or improperly or negligently in the conduct of the business; or\n\t(e)\tin the case of a natural person—\n\t(i)\tis dead or cannot be found; or\n\t(ii)\tis suffering from mental or physical incapacity preventing the agent from properly attending to the agent's affairs; or\n\t(f)\thas ceased to carry on business as an agent; or\n\t(g)\thas become bankrupt or insolvent or has taken the benefit (as a debtor) of a law relating to bankrupt or insolvent debtors or, in the case of a body corporate, is being wound up, is under official management or is in receivership,\nthe Commissioner may appoint a person to administer the agent's trust account.\n\t(2)\tThis section applies in relation to conduct occurring before or after the commencement of this Act.\n\t(3)\tThe Commissioner must, as soon as practicable after appointing an administrator, give notice in writing of the appointment to—\n\t(a)\tthe agent; and\n\t(b)\tall persons who are entitled (whether solely or jointly) to withdraw money from, or deal with money in, the account; and\n\t(c)\tthe ADI at which the account is held.\n\t(4)\tA person who has been given notice of the appointment of an administrator, or who knows that an administrator has been appointed, must not withdraw money from, or deal with money in, the trust account while the appointment continues.\n\t(5)\tAn ADI that has been given notice of the appointment of an administrator must not, while the appointment continues, accept any withdrawal of, or dealing with, money in the trust account unless the withdrawal or dealing is at the direction, or with the written approval, of the administrator.\n17—Appointment of temporary manager\n\t(1)\tWhere an administrator is appointed under this Division, the Commissioner may appoint that person or some other person to be a temporary manager to transact any urgent or uncompleted business of the agent.\n\t(2)\tThe Commissioner must, as soon as practicable after appointing a temporary manager, give notice in writing of the appointment to the agent.\n18—Powers of administrator or temporary manager\nThe following powers may be exercised by an administrator or temporary manager:\n\t(a)\tthe administrator or manager may require any person in a position to do so—\n\t(i)\tto produce documents and records relating to the agent's business including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; and\n\t(ii)\tto provide information relevant to the agent's business; and\n\t(b)\tthe administrator may require any person in a position to do so to provide all authorities and orders to ADIs and others that may be reasonably required for the operation of the agent's trust account; and\n\t(c)\tthe administrator or manager may take possession of documents and records forming part of the agent's business and for that purpose may enter business premises of the agent using such force as is reasonably necessary; and\n\t(d)\tsuch other powers as the Commissioner sets out in the instrument of appointment of the administrator or the manager.\n19—Term of appointment of administrator or temporary manager\n\t(1)\tThe appointment of an administrator or temporary manager remains in force for such period (not exceeding 12 months) as is specified in the instrument of appointment unless sooner terminated by the Commissioner or the Tribunal.\n\t(2)\tSubject to an order of the Tribunal to the contrary, the Commissioner may reappoint an administrator.\n20—Review of appointment of administrator or temporary manager\n\t(1)\tAn agent may, within 28 days after receiving notice of the appointment of an administrator or temporary manager, seek a review of the appointment by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n21—Keeping of records\n\t(1)\tAn agent must keep detailed records of all trust money received by the agent and of any disbursement of, or other dealing with, that money and must compile detailed accounts of those receipts and disbursements that—\n\t(a)\taccurately disclose the state of the trust account maintained by the agent; and\n\t(b)\tenable the receipt and disposition of trust money to be conveniently and properly audited; and\n\t(c)\tcomply with all other requirements specified by regulation.\n\t(2)\tIn particular, the agent must, in respect of the receipt of trust money—\n\t(a)\tmake available to the person making payment a receipt that sets out the information specified by regulation in the form specified by regulation; and\n\t(b)\tmake and retain a copy of the receipt as part of the agent's records.\n\t(3)\tAn agent must, at the request of a person who has an interest in trust money, provide that person with a statement setting out details of dealings by the agent with the money.\n\t(4)\tAn agent must keep the accounts and records referred to in this section or a corresponding previous enactment in a legible written form, or so as to be readily convertible into such a form, for at least five years.\n22—Audit of trust accounts\n\t(1)\tSubject to this section, an agent who maintains a trust account must—\n\t(a)\tensure that the accounts and records kept under this Division are audited by an auditor in respect of each audit period specified by regulation in accordance with the requirements prescribed by regulation; and\n\t(b)\tlodge with the Commissioner a statement relating to the audit that sets out the information specified by regulation.\n\t(1a)\tIf no trust money was held in an agent's trust account during a particular audit period, no audit or statement is required under subsection (1) in relation to that period but the agent must make and lodge with the Commissioner a declaration, in a form approved by the Commissioner, setting out the reasons for not holding any money in the trust account during that period.\n\t(2)\tAn agent, who did not maintain a trust account during a particular audit period, must make and lodge with the Commissioner a declaration, in a form approved by the Commissioner, setting out the reasons for not maintaining a trust account during that period.\n\t(3)\tAn agent who—\n\t(a)\tfails to have accounts and records audited as required; or\n\t(b)\tfails to lodge an audit statement or a declaration required under this section within the time allowed by or under the regulations,\nis guilty of an offence.\n\t(4)\tWhere an agent fails to lodge an audit statement or a declaration required under this section within the time allowed by or under the regulations, the Commissioner may, by notice in writing, require the agent to make good the default.\n\t(5)\tWhere the agent fails to comply with the notice within 28 days after service of the notice, the agent's registration is cancelled.\n\t(6)\tThe Commissioner must notify the agent of the cancellation of the agent's registration.\n23—Appointment of examiner\n\t(1)\tThe Commissioner may, at any time, appoint a person—\n\t(a)\tto examine, either generally or in a particular case, the accounts and records kept under this Division by an agent; and\n\t(b)\tto examine, either generally or in a particular case, the audit program, working papers and other documents used or prepared by an auditor in the course of auditing the trust accounts of an agent; and\n\t(c)\tto confer with an auditor in relation to audits of the trust accounts of an agent.\n\t(2)\tAn examiner may, and must if required by the Commissioner to do so, provide the Commissioner with a confidential report as to the state of any accounts or records subject to examination by the examiner.\n\t(3)\tThe Commissioner must, as soon as practicable, cause a copy of a report provided by an examiner to be given or sent by post to the agent.\n\t(4)\tIn this section—\nagent includes a former agent.\n24—Obtaining information for purposes of audit or examination\n\t(1)\tAn auditor employed by an agent to make an audit of the trust accounts of the agent, or an examiner appointed under this Division, may require the agent or any other person in a position to do so—\n\t(a)\tto produce all the accounts (including accounts that are not trust accounts) relating to the business of the agent and all documents and records relating to those accounts, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; and\n\t(b)\tto provide any relevant information relating to the operation of the accounts.\n\t(2)\tThe manager or other principal officer of an ADI or other financial institution with which an agent has deposited money, whether in his or her own account or in a general or separate trust account, must, on being required to do so by an auditor or examiner employed or appointed to make an audit or examination under this Division, disclose every such account (including all deposit slips, cancelled cheques and other documents relating to the operation of the account) to the auditor or examiner.\n\t(3)\tA person who is required by this section to produce documents to an auditor or examiner must permit the auditor or examiner to make a copy of the whole, or any part, of those documents.\n\t(4)\tIn this section—\naccount includes a record required to be kept under this Division in relation to the receipt and disposition of trust money;\nagent includes a former agent.\n25—ADIs etc to report deficiencies in trust accounts\nAn ADI with which a trust account has been established must, as soon as practicable, and in any event within 14 days, after becoming aware of a deficiency in that account, report the deficiency to the Commissioner.\n26—Confidentiality\n\t(1)\tAn administrator, temporary manager, auditor or examiner must not divulge information that has come to his or her knowledge in the course of performing functions under this Act or a corresponding previous enactment except—\n\t(a)\tto the agent; or\n\t(b)\tto the Commissioner; or\n\t(c)\tas otherwise required by law.\n\t(2)\tA person engaged in the administration of this Act, must not divulge information disclosed in a report provided under this Part or a corresponding previous enactment except—\n\t(a)\tfor the purpose of confidential consideration of the report by the Minister or the Commissioner; or\n\t(b)\tas is otherwise necessary for the proper administration of this Act; or\n\t(c)\tas is otherwise permitted or required by law.\n27—ADIs etc not affected by notice of trust\n\t(1)\tSubject to subsection (2), an ADI is not affected by notice of a specific trust to which money deposited in a trust account is subject, and is not bound to satisfy itself of the due application of that money.\n\t(2)\tThis section does not relieve an ADI of liability for negligence.\n28—Failing to comply with requirement of administrators etc\nA person must not—\n\t(a)\trefuse or fail to comply with a requirement of an administrator, temporary manager, auditor or examiner under this Division; or\n\t(b)\thinder, delay or obstruct an administrator, temporary manager, auditor or examiner in the performance of functions under this Division by altering or destroying relevant documents or by any other means.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Indemnity fund","content":"Division 3—Indemnity fund\n29—Indemnity fund\n\t(1)\tThe Commissioner must maintain an indemnity fund.\n\t(2)\tThe Commissioner may invest money constituting, or forming part of, the indemnity fund in accordance with the regulations.\n\t(3)\tThe indemnity fund comprises—\n\t(a)\tthe money standing to the credit of the fund kept under Part 8 of the repealed Land Agents, Brokers and Valuers Act 1973 immediately before the commencement of this Act; and\n\t(b)\tinterest paid by ADIs to the Commissioner on trust accounts; and\n\t(c)\tmoney recovered by the Commissioner in relation to a fiduciary default; and\n\t(d)\tfines recovered as a result of disciplinary proceedings under Part 4; and\n\t(e)\tinterest accruing from investment of the fund; and\n\t(f)\tmoney required to be paid into the fund under this or any other Act.\n\t(4)\tMoney standing to the credit of the indemnity fund may be applied by the Commissioner for any of the following purposes:\n\t(a)\tthe costs of investigating compliance with this Act, compliance with the Land and Business (Sale and Conveyancing) Act 1994 by agents or sales representatives or possible misconduct of agents, sales representatives or property managers;\n\t(ab)\tthe costs of conciliating disputes relating to the activities of agents, sales representatives or property managers;\n\t(ac)\tthe costs of disciplinary proceedings under Part 4;\n\t(b)\tthe costs of prosecutions for offences against this Act or for alleged offences by agents or sales representatives against the Land and Business (Sale and Conveyancing) Act 1994;\n\t(c)\tcosts consequent on the appointment of an administrator, temporary manager or examiner under this Act;\n\t(d)\tthe costs of processing claims under this Division and of paying out those claims to the extent authorised by this Division;\n\t(e)\tthe costs of administering and insuring the fund;\n\t(f)\tthe payment of amounts, approved by the Minister, towards the cost of—\n\t(i)\tprescribed educational programs conducted for the benefit of agents, sales representatives, property managers or members of the public; or\n\t(ii)\treviewing the operation of this Act; or\n\t(iii)\treviewing the operation of the Land and Business (Sale and Conveyancing) Act 1994 insofar as it relates to agents or sales representatives;\n\t(g)\tany other purpose specified by or under this or any other Act.\n29A—Division of indemnity fund into two parts\n\t(1)\tThe indemnity fund is notionally divided into two parts (Part A and Part B)—\n\t(a)\tone part, Part A, is to consist of the balance of the indemnity fund at any particular time, less the amount standing to the credit of Part B at that time;\n\t(b)\tone part, Part B, is to consist of $13.5 million, as credited to this part of the fund on the commencement of this section, then less any amounts paid from time to time in accordance with the scheme set out in Schedule 2A.\n\t(2)\tPart A will be available—\n\t(a)\tfor the purposes of this Division; and\n\t(b)\tfor the purposes of any other Act that makes provision for payments from the indemnity fund,\nand any reference in this Division or in another Act that relates to the indemnity fund will be taken to be a reference to Part A of the indemnity fund (unless the contrary intention appears).\n\t(3)\tPart B will be available for the purposes of Schedule 2A.\n\t(4)\tThe Commissioner's powers of investment with respect to the indemnity fund apply to both Part A and Part B.\n\t(5)\tThis section expires when Schedule 2A expires and, on that expiry, the division of the indemnity fund into two parts will cease.\n30—Claims on indemnity fund\n\t(1)\tA person who has suffered a pecuniary loss as a result of a fiduciary default may make a claim for compensation to the Commissioner.\n\t(2)\tThe amount of the claim cannot exceed the sum of—\n\t(a)\tthe actual pecuniary loss suffered by the claimant in consequence of the fiduciary default; and\n\t(b)\tany reasonable legal expenses incurred in taking action to recover the loss or in making the claim to the Commissioner,\nless any amount that the claimant has received or may reasonably be expected to recover (apart from this Division) in reduction of the loss.\n\t(3)\tA person is not entitled to make a claim under this Division where—\n\t(a)\tthe agent by whom the fiduciary default was committed, or to whom the fiduciary default relates, was required to be registered or licensed under this Act or a corresponding previous enactment; and\n\t(b)\tthat person knew, or ought to have known, at the time of appointing or instructing the agent, that the agent was not so registered or licensed.\n31—Limitation of claims\n\t(1)\tThe Commissioner may, by notice published in a newspaper circulating generally throughout the State, fix a day (not earlier than three months after the publication of the notice) on or before which claims in respect of a fiduciary default, or a series of fiduciary defaults, referred to in the notice, must be made.\n\t(2)\tA claim that is not made within the time fixed by the notice is barred unless the Tribunal, on application, otherwise determines.\n\t(3)\tNo action in defamation lies in respect of the publication, in good faith, of the notice.\n32—Establishment and determination of claims\n\t(1)\tA claim for compensation must be made to the Commissioner in a manner and form determined by the Commissioner.\n\t(1a)\tThe Commissioner may require a person making a claim—\n\t(a)\tto furnish further information specified by the Commissioner;\n\t(b)\tto verify, by statutory declaration, information furnished for the purposes of making or establishing a claim.\n\t(2)\tThe Commissioner must, on receipt of a claim for compensation—\n\t(a)\tgive the claimant and the agent or former agent concerned notice of the claim in accordance with the regulations; and\n\t(b)\tallow the claimant and the agent or former agent a reasonable opportunity to appear before the Commissioner personally or by representative to make submissions as to the claim.\n\t(3)\tThe Commissioner may do any 1 or more of the following in response to the claim:\n\t(a)\trequire the claimant to take specified action to recover the loss (and postpone determination of the claim);\n\t(b)\tdetermine the claim and, if appropriate, make a payment to the claimant from the indemnity fund;\n\t(c)\trequire the claimant to make contractual undertakings as to the assistance that the claimant must give the Commissioner in any action taken by the Commissioner to recover the loss.\n\t(4)\tIn deciding whether to require the claimant to take action to recover the loss, and in deciding what action the claimant should be required to take to recover the loss, the Commissioner is to consider the size of the claim, the complexity of the case, the claimant's financial circumstances, the claimant's mental or physical health or capacity and any other factors that the Commissioner considers relevant.\n\t(5)\tThe Commissioner must—\n\t(a)\tkeep the claimant informed of the progress of the claim in accordance with the regulations; and\n\t(b)\ton making a determination on a claim, give the claimant and the agent or former agent written notice of the determination.\n33—Claims by agents\n\t(1)\tAn agent who has paid compensation to a person for pecuniary loss suffered in consequence of a fiduciary default committed by a partner or employee of the agent may make a claim for compensation to the Commissioner.\n\t(2)\tThe Commissioner must, on receipt of the claim, if satisfied that—\n\t(a)\tall legal or equitable claims in respect of the fiduciary default have been fully satisfied; and\n\t(b)\tthe claimant acted honestly and reasonably in all the circumstances of the case,\ndetermine the amount of compensation payable to the claimant and, by notice in writing, inform the claimant of the determination.\n\t(3)\tA person is not entitled to make a claim under this section where—\n\t(a)\tthe agent by whom the fiduciary default was committed, or to whom the fiduciary default relates, was required to be registered or licensed under this Act or a corresponding previous enactment; and\n\t(b)\tthat person knew, or ought to have known, at the time of the default, that the agent was not so registered or licensed.\n34—Personal representative may make claim\nThe personal representative of a claimant (including a deceased claimant) is entitled to make the claim on behalf of the claimant or the claimant's estate.\n35—Review of Commissioner's determination\n\t(1)\tThe claimant or the agent or former agent by whom the fiduciary default was committed or to whom the fiduciary default relates may seek a review of the Commissioner's determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(1a)\tAn application for review may be made to the Tribunal within 3 months after the person receives notice of the determination.\n\t(2)\tWhere an application for review is not made within the time allowed, the claimant's entitlement to compensation is finally determined for the purposes of this Division.\n36—Determination, evidence and burden of proof\n\t(1)\tIn determining a claim for compensation under this Division, any possible reduction to which the claimant's entitlement may be subject because of insufficiency of the indemnity fund must be disregarded.\n\t(2)\tIn determining a claim for compensation under this Division—\n\t(a)\tan admission or confession may be accepted as evidence of a fiduciary default despite the absence of the person by whom the admission or confession was made; and\n\t(b)\tquestions of fact are to be decided on the balance of probabilities.\n37—Claimant's entitlement to compensation and interest\n\t(1)\tSubject to any reduction because of insufficiency of the indemnity fund, a claimant is entitled to payment of the amount of compensation determined under this Division.\n\t(2)\tA claimant's entitlement to compensation will (to the extent to which it has not been satisfied or discharged) be increased by interest at the rate fixed by regulation from the first anniversary of the lodgment of the claim with the Commissioner until the entitlement is satisfied or discharged, but interest must not be calculated on any component of the claimant's entitlement that is attributable to interest that has already accrued under this subsection.\n38—Rights of Commissioner\n\t(1)\tWhere the Commissioner makes a payment (whether in respect of compensation or interest) to a claimant, the Commissioner is, to the extent of the payment, subrogated to the rights of the claimant against a person liable at law or in equity for the fiduciary default in respect of which the payment was made.\n\t(2)\tHowever, this section does not confer on the Commissioner any right to recover money from a person whose liability in respect of a fiduciary default does not arise from a wrongful or negligent act or omission on that person's part.\n39—Insurance in respect of claims against indemnity fund\n\t(1)\tThe Commissioner may insure the indemnity fund to such extent as the Commissioner thinks fit against claims under this Division.\n\t(2)\tThe cost of the insurance will be paid from the indemnity fund.\n40—Insufficiency of indemnity fund\n\t(1)\tWhere the indemnity fund is insufficient to pay all outstanding amounts to which claimants are entitled, the Commissioner must make proportionate reductions in the amounts paid out in respect of those entitlements.\n\t(2)\tWhere, at the time at which a claimant's entitlement to compensation is determined, other persons have made claims that have not yet been determined, the Commissioner may defer payment of the claimant's entitlement for any period (not exceeding 12 months) in order to allow time for the entitlements of those other claimants to be determined.\n\t(3)\tThe Commissioner may set aside a part of the indemnity fund as the Commissioner from time to time considers necessary to protect the interests of persons who—\n\t(a)\thave made claims against the fund that have not been determined; or\n\t(b)\tare likely to make claims against the fund in the future,\nand, when determining whether payments to claimants should be reduced, the Commissioner must not take into account a part of the fund set aside by the Commissioner.\n\t(4)\tIf, after a claimant's entitlement to compensation has been determined, the claimant recovers an amount (that was not allowed for in that determination) in respect of the pecuniary loss suffered by the claimant, the claimant's entitlement to compensation is reduced by the amount recovered.\n\t(5)\tEntitlements in respect of which payments are made under this section are discharged despite the fact that they may not have been satisfied in full.\n\t(6)\tThe Commissioner may, with the approval of the Minister, make payments to a person—\n\t(a)\twhose entitlement to compensation has been discharged; or\n\t(b)\twhose entitlement to compensation is insufficient because an amount that the person was expected to recover in respect of the pecuniary loss has not been recovered; or\n\t(c)\twhose claim is barred,\nbut a payment so made does not revive or reinstate an entitlement or claim.\n41—Accounts and audit\n\t(1)\tThe Commissioner must keep proper accounts of all money received and dealt with under this Division.\n\t(2)\tThe Auditor-General may at any time, and must at least once in every calendar year, audit those accounts.\n","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"Discipline","content":"Part 4—Discipline\n42—Interpretation of Part 4\nIn this Part—\nagent has the meaning assigned to the term by section 4 and includes—\n\t(a)\ta former agent; and\n\t(b)\ta registered agent, whether or not carrying on business as such, and a former registered agent;\ndirector of a body corporate includes a former director of a body corporate;\nproperty manager has the meaning assigned to the term by section 3 and includes—\n\t(a)\ta former property manager; and\n\t(b)\ta registered property manager, whether or not in employment as such, and a former registered property manager;\nsales representative has the meaning assigned to the term by section 3 and includes—\n\t(a)\ta former sales representative; and\n\t(b)\ta registered sales representative, whether or not in employment as such, and a former registered sales representative.\n43—Cause for disciplinary action against agents, sales representatives or property managers\n\t(1)\tThere is proper cause for disciplinary action against an agent, sales representative or property manager if—\n\t(a)\tany registration of the person under this Act was improperly obtained; or\n\t(b)\tthe person has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987; or\n\t(c)\tthe person has acted contrary to this Act or the Land and Business (Sale and Conveyancing) Act 1994 or otherwise unlawfully, improperly, negligently or unfairly; or\n\t(d)\tin the case of an agent who has been employed or engaged to manage and supervise an incorporated agent's business or an agent's place of business, the agent or any other person has acted unlawfully, improperly, negligently or unfairly in the course of managing or supervising, or being employed or otherwise engaged in or at that business or place of business; or\n\t(e)\tevents have occurred such that the person would not be entitled to be registered as an agent, sales representative or property manager if the person were to apply for registration.\n\t(2)\tDisciplinary action may be taken against each director of a body corporate that is an agent if there is proper cause for disciplinary action against the body corporate.\n\t(3)\tDisciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented the act or default.\n\t(4)\tThis section applies in relation to conduct occurring before or after the commencement of this Act.\n44—Complaints\nThe Commissioner or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this Part.\n45—Hearing by Tribunal\n\t(1)\tOn the lodging of a complaint, the Tribunal may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this Part.\n\t(2)\tWithout limiting the usual powers of the Tribunal, the Tribunal may during the hearing—\n\t(a)\tallow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and\n\t(b)\tallow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Tribunal may think fit to impose.\n46—Participation of assessors in disciplinary proceedings\n\t(1)\tFor the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of—\n\t(a)\tpersons representative of agents; and\n\t(b)\tpersons representative of members of the public who deal with agents,\nwho have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal under this Part.\n\t(2)\tIn any proceedings under this Part, the Tribunal may, if the President so determines, sit with 1 or more assessors from the panel.\n\t(3)\tIn this section—\nPresident means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.\n47—Disciplinary action\n\t(1)\tSubject to subsection (1a), on the hearing of a complaint, the Tribunal may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one or more of the following:\n\t(a)\treprimand the person;\n\t(b)\timpose a fine not exceeding $20 000 on the person;\n\t(c)\teither—\n\t(ai)\timpose conditions or further conditions on any registration of the person; or\n\t(i)\tsuspend any registration of the person for a specified period or until the fulfilment of stipulated conditions or until further order; or\n\t(ii)\tcancel any registration of the person;\n\t(d)\tin the case of a person whose registration is suspended—impose conditions as to the conduct of the person or the person's business as an agent after the end of the period of suspension;\n\t(e)\tdisqualify the person from being registered under this Act;\n\t(f)\tprohibit the person from being employed or otherwise engaged in the business of an agent;\n\t(g)\tprohibit the person from being a director of a body corporate that is an agent.\n\t(1a)\tIf the person to whom the complaint relates has been found guilty of a prescribed offence and the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the Tribunal must, by order, cancel any registration of the person and disqualify the person from being so registered unless the Tribunal is satisfied on the balance of probabilities, by evidence given by the person on oath, that the offence was trifling or committed in exceptional circumstances.\n\t(1b)\tNothing in subsection (1a) prevents the Tribunal from exercising such other powers under this section as the Tribunal considers appropriate in the circumstances.\n\t(2)\tThe Tribunal may—\n\t(a)\tstipulate that a disqualification or prohibition is to apply—\n\t(i)\tpermanently; or\n\t(ii)\tfor a specified period; or\n\t(iii)\tuntil the fulfilment of stipulated conditions; or\n\t(iv)\tuntil further order;\n\t(b)\tstipulate that an order relating to a person is to have effect at a specified future time and impose conditions as to the conduct of the person or the person's business until that time.\n\t(3)\tA fine imposed under subsection (1) is payable to the Commissioner for the credit of the indemnity fund.\n\t(4)\tIf—\n\t(a)\ta person has been found guilty of an offence; and\n\t(b)\tthe circumstances of the offence form, in whole or in part, the subject matter of the complaint,\nthe person is not liable to a fine under this section in respect of conduct giving rise to the offence.\n\t(5)\tIn this section—\nprescribed offence means—\n\t(a)\tan offence against section 13(3); or\n\t(b)\tan offence against section 24A(2), section 24G(1), (2) or (3) or section 36 of the Land and Business (Sale and Conveyancing) Act 1994.\n48—Contravention of orders\n\t(1)\tIf a person contravenes or fails to comply with a condition imposed by the Tribunal as to the conduct of the person or the person's business, the person is guilty of an offence.\nMaximum penalty: $35 000 or imprisonment for 6 months.\n\t(2)\tIf a person—\n\t(a)\tis employed or otherwise engages in the business of an agent; or\n\t(b)\tbecomes a director of a body corporate that is an agent,\nin contravention of an order of the Tribunal, that person and the agent are each guilty of an offence.\nMaximum penalty: $35 000 or imprisonment for 6 months.\n","sortOrder":7},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"Part 5—Miscellaneous\n48A—Advertisements to include registration number of agent\nAn agent must not publish, or cause to be published, an advertisement relating to the sale of land or a business unless the advertisement specifies, alongside the agent's name or contact details, the agent's registration number preceded by the letters \"RLA\".\nMaximum penalty: $2 500.\nExpiation fee: $210.\n49—Delegations\n\t(1)\tThe Commissioner may delegate any of the Commissioner's functions or powers under this Act—\n\t(a)\tto a person employed in the Public Service; or\n\t(b)\tto the person for the time being holding a specified position in the Public Service; or\n\t(c)\tto any other person under an agreement under this Act between the Commissioner and an organisation representing the interests of agents, sales representatives or property managers.\n\t(2)\tThe Minister may delegate any of the Minister's functions or powers under this Act (except the power to direct the Commissioner).\n\t(3)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n50—Agreement with professional organisation\n\t(1)\tThe Commissioner may, with the approval of the Minister, make an agreement with an organisation representing the interests of agents, sales representatives or property managers under which the organisation undertakes a specified role in the administration or enforcement of this Act.\n\t(2)\tThe agreement—\n\t(a)\tmust be in writing and executed by the Commissioner and the organisation; and\n\t(b)\tmay contain delegations by the Commissioner of functions or powers under this Act or the Fair Trading Act 1987; and\n\t(c)\tmust set out any conditions governing the performance or exercise of functions or powers conferred on the organisation; and\n\t(d)\tmust make provision for the variation and termination of the agreement by the Commissioner with the approval of the Minister or the organisation.\n\t(3)\tThe Commissioner may not delegate any of the following for the purposes of the agreement:\n\t(a)\tfunctions or powers under Part 2;\n\t(b)\tthe approval of classes of accounts at ADIs under Division 2 of Part 3;\n\t(c)\tthe appointment, reappointment or termination of appointment of a person to administer an agent's trust account or of a temporary manager under Division 2 of Part 3;\n\t(d)\tfunctions or powers under Division 3 of Part 3;\n\t(e)\tpower to request the Commissioner of Police to investigate and report on matters under Part 5;\n\t(f)\tpower to commence a prosecution for an offence against this Act;\n\t(g)\tfunctions or powers under Schedule 2A.\n\t(4)\tA delegation by the Commissioner for the purposes of the agreement—\n\t(a)\thas effect subject to the conditions specified in the agreement; and\n\t(b)\tmay be varied or revoked by the Commissioner in accordance with the terms of the agreement; and\n\t(c)\tdoes not prevent the Commissioner from acting in any matter.\n\t(5)\tThe Minister must, within six sitting days after the making of the agreement, cause a copy of the agreement to be laid before both Houses of Parliament.\n51—Exemptions\n\t(1)\tThe Minister may, on application by a person, exempt the person from compliance with a specified provision of this Act.\n\t(2)\tAn exemption is subject to the conditions (if any) imposed by the Minister.\n\t(3)\tThe Minister may, at his or her discretion, vary or revoke an exemption.\n\t(4)\tThe grant or a variation or revocation of an exemption must be notified in the Gazette.\n52—Register\n\t(1)\tThe Commissioner must keep a register of persons registered under this Act.\n\t(2)\tThe Commissioner must record on the register—\n\t(a)\tdisciplinary action taken against a person under this Act; and\n\t(b)\ta note of any assurance accepted by the Commissioner under the Fair Trading Act 1987 in relation to a person registered under this Act.\n\t(2a)\tIf any of the following events occur in relation to a person who is registered as an agent, or is a director of a body corporate that is registered as an agent, the Commissioner may record a note of the event on the register:\n\t(a)\tthe person is convicted of an offence of dishonesty;\n\t(b)\tthe person is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth;\n\t(c)\tthe person becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth;\n\t(d)\ta body corporate is wound up for the benefit of creditors and the person was a director of the body corporate—\n\t(i)\twhen the body corporate was being so wound up; or\n\t(ii)\twithin the period of 6 months preceding the commencement of the winding up;\n\t(e)\tthe person, being a body corporate, is being wound up or is under official management or in receivership.\n\t(3)\tA person may inspect the register on payment of the fee fixed by regulation.\n53—Commissioner and proceedings before Tribunal\n\t(1)\tThe Commissioner is entitled to be joined as a party to any proceedings of the Tribunal under this Act.\n\t(2)\tThe Commissioner may appear personally in any such proceedings or may be represented at the proceedings by counsel or a person employed in the Public Service.\n\t(3)\tSubsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013.\n54—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act.\n\t(a)\tIf the person made the statement knowing that it was false or misleading—$10 000.\n\t(b)\tIn any other case—$2 500.\n55—Statutory declaration\nWhere a person is required to provide information to the Commissioner, the Commissioner may require the information to be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Commissioner.\n56—Investigations\nThe Commissioner of Police must, at the request of the Commissioner, investigate and report on any matter relevant to—\n\t(a)\tthe determination of an application under this Act; or\n\t(b)\ta matter that might constitute proper cause for disciplinary action under this Act.\n57—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n58—Liability for act or default of officer, employee or agent\nFor the purposes of this Act, an act or default of an officer, employee or agent of a person carrying on a business will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority.\n60—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tWhere an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n61—Prosecutions\n\t(1)\tProceedings for an offence against this Act must be commenced—\n\t(a)\tin the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921;\n\t(b)\tin any other case—within 5 years of the date on which the offence is alleged to have been committed, whether the offence is alleged to have been committed before or after the commencement of this paragraph.\n\t(2)\tA prosecution for an offence against this Act cannot be commenced except by—\n\t(a)\tthe Commissioner; or\n\t(b)\tan authorised officer under the Fair Trading Act 1987; or\n\t(c)\ta person who has the consent of the Minister to commence the prosecution.\n\t(3)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.\n62—Evidence\nIn any proceedings, a certificate executed by the Commissioner certifying—\n\t(a)\tthat a person was or was not registered as an agent, sales representative, property manager or auctioneer on a specified date; or\n\t(b)\tthat a person was or was not registered as a sales representative or manager, or licensed as an agent, under the repealed Land Agents, Brokers and Valuers Act 1973;\n\t(c)\tas to any matter relating to the appointment of an administrator, temporary manager or examiner,\nconstitutes proof, in the absence of proof to the contrary, of the matters so certified.\n63—Service of documents\n\t(1)\tSubject to this Act, a notice or document required or authorised by this Act to be given to or served on a person may—\n\t(a)\tbe served on the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\twhere the person is registered under this Act—at the person's address for service; or\n\t(c)\twhere the person is registered under this Act—be left for the person at the address for service with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by facsimile transmission to a facsimile number provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tFor the purposes of subsection (1), a person's address for service is the address of which the Commissioner has been last notified in writing by the person as the person's address for service.\n64—Annual report\n\t(1)\tThe Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.\n\t(2)\tThe report must contain the audited statement of accounts of the indemnity fund for the period to which the report relates.\n\t(3)\tThe Minister must, within six sitting days after receipt of the report, cause a copy of the report to be laid before each House of Parliament.\n65—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire registered persons to comply with a code of conduct;\n\t(b)\tfix various maximum rates of commission and other charges that may be charged or made by agents for specified services;\n\t(c)\tregulate charges, payments and reimbursements made by or to an agent in connection with specified services;\n\t(d)\tfix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees;\n\t(e)\texempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act;\n\t(f)\timpose a penalty (not exceeding $2 500) for contravention of, or non-compliance with, a regulation;\n\t(g)\tfix expiation fees, not exceeding $210, for alleged offences against the regulations.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister.\n\t(4)\tThe regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time.\n\t(5)\tIf a code is referred to in the regulations—\n\t(a)\ta copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and\n\t(b)\tevidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.\n\t(6)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of the Land Agents (Registration of Property Managers and Other Matters) Amendment Act 2017.\n\t(7)\tA provision of a regulation made under subsection (6) may, if the regulation so provides, take effect from the commencement of this subsection or from a later day.\n\t(8)\tTo the extent to which a provision takes effect under subsection (7) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n","sortOrder":8},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 2—Transitional provisions\n2—Transitional provisions—general\n\t(1)\tA person who held a licence as a land agent under the Land Agents, Brokers and Valuers Act 1973 immediately before the commencement of this Act will be taken to have been registered as an agent under this Act.\n\t(2)\tA person who was registered as a manager under the Land Agents, Brokers and Valuers Act 1973 immediately before the commencement of this Act will be taken to have been registered as an agent under this Act.\n\t(3)\tAn approval, appointment or order in force under the Land Agents, Brokers and Valuers Act 1973 immediately before the commencement of this Act in relation to an agent or sales representative or former agent or sales representative will be taken to be an approval, appointment or order in force under the corresponding provision of this Act.\n\t(4)\tA notice given or served under the Land Agents, Brokers and Valuers Act 1973 in relation to an agent or sales representative or former agent or sales representative has effect as a notice given or served under the corresponding provision of this Act.\n\t(5)\tA reference in an Act or other instrument to a licensed agent under the Land Agents, Brokers and Valuers Act 1973 will be taken to be a reference to an agent registered under this Act.\n3—Transitional provisions—mortgage financiers\n\t(1)\tIn this clause—\nmortgage financier means a person who—\n\t(a)\tis—\n\t(i)\tan agent; or\n\t(ii)\tan associate of an agent; and\n\t(b)\tengages in mortgage financing;\nspouse includes a person who is a putative spouse (whether or not a declaration has been made under the Family Relationships Act 1975 in relation to that person);\ntrust money, in relation to a mortgage financier, means money received by a mortgage financier in the mortgage financier's capacity as such to which the mortgage financier is not wholly entitled at law and in equity.\n\t(2)\tFor the purposes of this clause, a person is an associate of another if—\n\t(a)\tthey are partners; or\n\t(b)\tone is a spouse, parent or child of the other; or\n\t(c)\tthey are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or\n\t(d)\tone is a body corporate and the other is a director of the body corporate; or\n\t(e)\tone is a body corporate and the other is a person who has a legal or equitable interest in five per cent or more of the share capital of the body corporate; or\n\t(f)\ta chain of relationships can be traced between them under any one or more of the above paragraphs.\n\t(3)\tThis clause applies—\n\t(a)\tto trust money received by a mortgage financier before the commencement of this Act; and\n\t(b)\twhere trust money received by a mortgage financier was lent to another on the security of a mortgage before the commencement of this Act—to trust money received by the mortgage financier (whether before or after that commencement) by way of payment of principal or interest, or both, under that loan.\n\t(4)\tDivision 3 of Part 3 applies to a mortgage financier as if—\n\t(a)\ta reference in that Part to an agent were a reference to a mortgage financier; and\n\t(b)\ta reference in that Part to trust money were a reference to trust money to which this clause applies.\n\t(5)\tThe power of the Governor to make regulations under this Act includes power to make regulations requiring mortgage financiers to provide specified information to prospective investors or regulating or making provision with respect to any other matter relating to mortgage financiers.\n","sortOrder":9},{"sectionNumber":"Sch 2A","sectionType":"schedule","heading":"Special provisions relating to G.C. Growden Pty Ltd","content":"Schedule 2A—Special provisions relating to G.C. Growden Pty Ltd\n1—Interpretation\n\t(1)\tIn this Schedule—\neligible capital loss of an eligible claimant is the qualifying capital investment made by the eligible claimant less any capital amount recovered by the eligible claimant with respect to that investment before the qualifying date and less any other amount that the eligible claimant has received or may reasonably be expected to recover (apart from this Schedule) in reduction of the eligible claimant's pecuniary loss;\neligible claimant means a person who—\n\t(a)\thas made a qualifying capital investment; and\n\t(b)\thas suffered pecuniary loss with respect to that investment as a result of fiduciary default on the part of Growden Investments; and\n\t(c)\tas at the qualifying date, has been unable to recover with respect to that loss an amount or amounts equal to or totalling the amount of the qualifying capital investment,\nbut does not include a person who is (or has at any time been) an associate of G.C. Growden Pty. Ltd.;\nFund means Part B of the indemnity fund (see section 29A);\nGrowden Investments means G.C. Growden Pty. Ltd. and includes any associate of G.C. Growden Pty. Ltd. (as in existence at any time);\nprescribed period means the period commencing on the day on which this Schedule comes into operation and ending on 21 December 2004;\nqualifying capital investment means—\n\t(a)\tany investment of money effected by making a payment to Growden Investments, or to another person on the advice of Growden Investments, on or after 1 June 1995, on the understanding that the money would be lent to a person on the security of a mortgage; or\n\t(b)\tany reinvestment of money effected by Growden Investments, or on the advice of Growden Investments, on or after 1 June 1995, where the money was originally paid to Growden Investments, or invested on the advice of Growden Investments, on the understanding that the money would be lent to a person on the security of a mortgage (including in a case where the original payment or investment occurred before 1 June 1995),\nbut does not include any investment or reinvestment of money that constitutes trust money to which clause 2 of Schedule 2 of the Conveyancers Act 1994 applies (by virtue of the operation of clause 2(3) of that Schedule);\nqualifying date means the date on which this Schedule comes into operation.\n\t(2)\tFor the purposes of this clause, a person is an associate of G.C. Growden Pty. Ltd. if the person would be an associate of that company under clause 3(2) of Schedule 2 (assuming (if necessary for the purposes of this provision) the continued existence of that person and that company).\n\t(3)\tFor the purposes of this Schedule, a reinvestment of money within the ambit of paragraph (b) of the definition of qualifying capital investment in subclause (1) will be taken to be a qualifying capital investment made by the person who originally paid or invested the money.\n\t(4)\tFor the purposes of this Schedule, fiduciary default on the part of Growden Investments will be taken to include—\n\t(a)\ta defalcation, misappropriation or misapplication of another person's money; or\n\t(b)\ta failure to disclose material facts with respect to the investment of another person's money.\n\t(5)\tIf a person who has died could reasonably be expected to have been an eligible claimant under this Schedule were he or she still alive, the personal representative of that person will be taken to be an eligible claimant and any compensation recovered by the personal representative under this Schedule will be payable to the person's estate.\n2—Entitlement to claim compensation\n\t(1)\tSubject to this Schedule, an eligible claimant may claim compensation under this Schedule.\n\t(2)\tA claim for compensation under this Schedule by an eligible claimant cannot exceed the eligible claimant's eligible capital loss.\n\t(3)\tTo avoid doubt, an eligible claimant is not prevented from making a claim under this Schedule by virtue only of the fact that he or she has made a claim under clause 2 of Schedule 2 of the Conveyancers Act 1994 (but recognising that a claim that gives rise to an entitlement under that clause cannot be the subject of a successful claim under this Schedule).\n3—Time within which claim must be made\n\t(1)\tA claim for compensation must be made within the prescribed period.\n\t(2)\tThe Commissioner must, within 21 days after the commencement of this Schedule, by notice published in a newspaper circulating generally throughout Australia, give notice to persons who may qualify as eligible claimants under this Schedule of—\n\t(a)\tthe ability to make a claim under this Schedule; and\n\t(b)\tthe fact that a claim for compensation must be made within the prescribed period.\n\t(3)\tA claim that is not made within the prescribed period is barred for the purposes of this Schedule unless the Tribunal, on application, otherwise determines.\n4—Establishment of claims\n\t(1)\tA claim for compensation under this Schedule must be made to the Commissioner in a manner and form determined by the Commissioner.\n\t(2)\tThe Commissioner may require a person making a claim—\n\t(a)\tto furnish further information specified by the Commissioner;\n\t(b)\tto verify, by statutory declaration, information furnished for the purposes of making or establishing a claim.\n\t(3)\tThe Commissioner must, as soon as practicable after the end of the prescribed period, determine, with respect to each person who has made a claim to the Commissioner in accordance with this Schedule—\n\t(a)\twhether the Commissioner is satisfied that the person is an eligible claimant under this Schedule; and\n\t(b)\tif the claim is accepted on that basis, the amount of the person's eligible capital loss for the purposes of paying compensation under this Schedule.\n\t(4)\tThe Commissioner must, by notice in writing, inform each person who has made a claim of the Commissioner's determination with respect to that person under subclause (3).\n\t(5)\tA person who is dissatisfied with a determination with respect to the person under subclause (3) may, within one month after receiving notice of the Commissioner's determination, seek a review of the determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n5—Entitlement to compensation\nSubject to the provisions of this Schedule, a person whose claim is accepted is entitled to the payment of compensation under this Schedule for the person's eligible capital loss.\n6—Payment of compensation\n\t(1)\tThe payment of compensation will be made by the Commissioner from the Fund.\n\t(2)\tUnless the Fund is sufficient to pay all eligible capital losses of all persons whose claims have been accepted, the Commissioner must establish a scheme for the payment of compensation under which payments are made according to the relative amount of each entitlement.\n\t(3)\tWhen the Commissioner makes a payment of compensation to a person under this clause, the Commissioner is, to the extent of the payment, subrogated to the rights of the person against any other person liable at law or in equity for the fiduciary default on the part of Growden Investments in respect of which the payment is made (and any amount recovered under this right of subrogation must be credited to the Fund).\n7—Recovery of amounts from other sources\n\t(1)\tIf a person who is entitled to, or who has received, a payment of compensation under this Schedule recovers from another person or source an amount in respect of the fiduciary default for which compensation is payable under this Schedule—\n\t(a)\tthe person must immediately notify the Commissioner of the recovery of that amount; and\n\t(b)\tthe person's entitlement to compensation under this Schedule is reduced by the amount recovered; and\n\t(c)\tif the recovery of the amount and any previous payment of compensation under this Schedule results in the person recovering a total amount in respect of a qualifying capital investment that exceeds the person's eligible capital loss, then the person must immediately pay the excess to the Commissioner for crediting to the Fund (and that excess will, until paid, be a debt due to the Crown).\n\t(2)\tA person must not fail to comply with subclause (1)(a).\nMaximum penalty: $10 000.\n8—Accounts and audit\n\t(1)\tThe Commissioner must keep proper accounts of all money received and dealt with under this Schedule.\n\t(2)\tThe Auditor-General may at any time audit those accounts and in any event must audit those accounts as part of the annual audit of the indemnity fund under Part 3.\n9—Expiry of Schedule\n\t(1)\tThis Schedule will expire on a day to be fixed by proclamation.\n\t(2)\tThe Governor should not make a proclamation under subclause (1) unless or until the Commissioner has certified that, on the Commissioner's assessment, all eligible capital losses have been fully compensated (whether by the payment of compensation under this Schedule or from other sources).\n\t(3)\tThe expiry of this Schedule—\n\t(a)\tdoes not affect any right of subrogation under clause 6(3); and\n\t(b)\tdoes not affect any requirement to comply with clause 7(1)(a) or any right of recovery under clause 7(1)(c),\nand any such right or requirement may be exercised or enforced as if this Schedule had not expired.\n\t(4)\tAny money received by the Commissioner after the day fixed by the Governor under subclause (1) on account of the operation of this Schedule will be paid into the indemnity fund.\n\t(5)\tThis clause is in addition to, and does not derogate from, the provisions of the Acts Interpretation Act 1915.\n","sortOrder":10},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":null,"content":"Schedule 3\n(2)\tA reference in any Act or instrument to the Administrative Appeals Court or to the Administrative Appeals Division of the District Court, is so far as the context permits, to be taken to be a reference to the Administrative and Disciplinary Division of the District Court.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Land Agents Act 1994 repealed the following:\nLand Agents, Brokers and Valuers Act 1973\nLegislation amended by principal Act\nThe Land Agents Act 1994 amended the following:\nDistrict Court Act 1991\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nLand Agents Act 1994\n15.12.1994\n1.6.1995 (Gazette 25.5.1995 p2198)\nStatutes Amendment (Sunday Auctions and Indemnity Fund) Act 1995\n7.12.1995\nPt 2—7.12.1995: s 2(1)\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 20)—3.2.1997 (Gazette 19.12.1996 p1923)\nStatutes Amendment (Consumer Affairs) Act 1998 as amended by 22/1998\nPt 6 (ss 16—19) & Sch—28.5.1998 (Gazette 28.5.1998 p2292)\nStatutes Amendment (Consumer Affairs) Amendment Act 1998\nFinancial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 31)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\nDistrict Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 21)—1.6.2000 (Gazette 18.5.2000 p2554)\nLand Agents (Registration) Amendment Act 2001\n3.8.2001\n8.4.2002 (Gazette 4.4.2002 p1502)\nStatutes Amendment (Consumer Affairs) Act 2001\n11.10.2001\nPt 4 (s 11)—1.11.2001 (Gazette 25.10.2001 p4686)\nLand Agents (Indemnity Fund-Growden Default) Amendment Act 2004\n29.7.2004\nPt 2 (ss 4—7)—1.9.2004: s 2\nStatutes Amendment (Real Estate Industry Reform) Act 2007\n2.8.2007\nPt 3 (ss 10—30)—28.7.2008 (Gazette 3.7.2008 p3203)\nStatutes Amendment and Repeal (Fair Trading) Act 2009\n23.7.2009\nPt 6 (ss 47 & 48)—3.9.2009 (Gazette 3.9.2009 p4367)\nStatutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 30 (s 60)—17.6.2013 (Gazette 6.6.2013 p2498)\nStatutes Amendment (Real Estate Reform Review and Other Matters) Act 2013\n23.5.2013\nPt 3 (ss 5 & 6)—21.11.2013 (Gazette 21.11.2013 p4278)\nStatutes Amendment (Occupational Licensing) Act 2013\nPt 5 (ss 18, 19 & 21)—1.11.2014 (Gazette 9.10.2014 p6095); s 20—21.11.2015 (Gazette 29.10.2015 p4742)\nStatutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 16 (ss 66 & 67)—1.7.2017 (Gazette 22.6.2017 p2224)\nLand Agents (Registration of Property Managers and Other Matters) Amendment Act 2017\n31.10.2017\n30.4.2018 except s 5(2), (3), (4), ss 7, 9 to 12, 17, 18, 20, 21 & 23—1.2.2019 (Gazette 6.2.2018 p609)\nStatutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 25 (ss 124, 125, 127 to 141)—4.10.2018; s 126—1.2.2019 immediately after 44/2017 s 11 commences (Gazette 28.6.2018 p2618)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\namended by 44/2017 s 4\nPt 1\n\ns 2\ns 3\n\nauthorised officer\ninserted by 28/2007 s 10(1)\nCourt\ndeleted by 51/2017 s 124(1)\nlegal practitioner\nsubstituted by 32/2001 s 3\nmoney\namended by 33/1999 Sch (item 31(a))\nproperty manager\ninserted by 44/2017 s 5(1)\nregistered agent\ninserted by 28/2007 s 10(2)\nregistered property manager\ninserted by 44/2017 s 5(2)\nregistered sales representative\ninserted by 28/2007 s 10(2)\nsales representative\nsubstituted by 28/2007 s 10(2)\n\namended by 44/2017 s 5(3)\n\n(d) and (e) deleted by 44/2017 s 5(4)\nTribunal\ninserted by 51/2017 s 124(2)\nPt 2\n\ns 6\n\ns 6(1)\n\namended by 28/2007 s 11\n\namended by 71/2013 s 18\ns 6A\ninserted by 28/2007 s 12\ns 6A(1)\namended by 44/2017 s 6\ns 6AB\ninserted by 44/2017 s 7\ns 6B\ninserted by 28/2007 s 12\ns 7\n\ns 7(1)\ns 7 redesignated as s 7(1) by 47/2001 s 11\ns 7(2)\ninserted by 47/2001 s 11\ns 7(2a)\ninserted by 28/2007 s 13\ns 7(3)—(5)\ninserted by 47/2001 s 11\ns 8\n\ns 8(1)\namended by 21/1998 s 16\n\namended by 32/2001 s 4(a)\n\namended by 28/2007 s 14(1)\n\namended by 39/2009 s 47\ns 8(2)\namended by 32/2001 s 4(b)\n\namended by 28/2007 s 14(2)\ns 8A before substitution by 28/2007\ninserted by 21/1998 s 17\ns 8A(2)\namended by 4/2000 s 9(1) (Sch 1 cl 21(a))\ns 8A(5)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 21(b))\ns 8A(6)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 21(c))\ns 8A\nsubstituted by 28/2007 s 15\ns 8B\ns 8B(3)\namended by 44/2017 s 8\nss 8BA and 8BB\ninserted by 44/2017 s 9\ns 8C\ns 8D\n\nsubstituted by 51/2017 s 125\ns 8E\ns 9\n\ns 9(1)\namended by 28/2007 s 16(1), (2)\ns 9(2)\namended by 28/2007 s 16(3)\ns 9(3)\namended by 28/2007 s 16(4), (5)\n\namended by 7/2017 s 66\ns 9(4)\namended by 28/2007 s 16(6), (7)\ns 9(5)\namended by 28/2007 s 16(8), (9)\ns 9(6)\namended by 28/2007 s 16(10)\ns 9(7)\n\nregistered agent\ndeleted by 28/2007 s 16(11)\nregistered person\ninserted by 28/2007 s 16(11)\ns 10\ns 11 before substitution by 28/2007\n\ns 11(1)\n\namended by 32/2001 s 5(a)\ns 11(2)\n\nsubstituted by 32/2001 s 5(b)\ns 11(3)\ninserted by 32/2001 s 5(b)\ns 11\nsubstituted by 28/2007 s 17\ns 11A\ninserted by 28/2007 s 17\ns 11B\ninserted by 28/2007 s 17\n\nsubstituted by 44/2017 s 10\nPt 2AA\ninserted by 44/2017 s 11\ns 11BA\n\ns 11BA(4)—(7)\nsubstituted by 51/2017 s 126\ns 11BA(8)\ndeleted by 51/2017 s 126\nPt 2A\ninserted by 71/2013 s 19\ns 11C\n\ns 11C(1)\namended by 44/2017 s 12\ns 11C(4)\namended by 51/2017 s 127(1)\ns 11C(5)\nsubstituted by 51/2017 s 127(2)\ns 11C(6)\namended by 51/2017 s 127(3)\ns 11C(7)\nsubstituted by 51/2017 s 127(4)\ns 11C(8)\ndeleted by 51/2017 s 127(4)\nPt 3\n\ns 12\n\ns 12(1)\n\nauditor\nsubstituted by 28/2007 s 18\ntrust account\nsubstituted by 44/2017 s 13\ns 13\n\ns 13(1)\n\namended by 33/1999 Sch (item 31(b))\n\nsubstituted by 44/2017 s 14\ns 13(2) and (3)\n\nsubstituted by 44/2017 s 14\ns 13(4)\namended by 33/1999 Sch (item 31(c))\ns 14\namended by 44/2017 s 15(1), (2)\n\namended by 51/2017 s 128\ns 15\namended by 33/1999 Sch (item 31(d))\ns 16\n\ns 16(3)\namended by 33/1999 Sch (item 31(e))\ns 16(4)\ns 16(5)\n\namended by 33/1999 Sch (item 31(f))\ns 18\namended by 33/1999 Sch (item 31(g))\ns 19\n\ns 19(1)\namended by 51/2017 s 129(1)\ns 19(2)\namended by 51/2017 s 129(2)\ns 20\n\ns 20(1)\namended by 51/2017 s 130\ns 20(2)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 21(d))\ns 21\n\ns 21(1)—(4)\ns 22\n\ns 22(1)\namended by 28/2007 s 19\n\namended by 71/2013 s 20(1)\ns 22(1a)\ninserted by 71/2013 s 20(2)\ns 22(3)\n\namended by 71/2013 s 20(3)\ns 22(4)\namended by 71/2013 s 20(3)\n\namended by 7/2017 s 67(1)\ns 22(7)\ndeleted by 7/2017 s 67(2)\ns 24\n\ns 24(2)\n\namended by 33/1999 Sch (item 31(h))\ns 24(3)\ns 25\n\namended by 33/1999 Sch (item 31(i))\ns 26\n\ns 26(1) and (2)\ns 27\n\ns 27(1) and (2)\namended by 33/1999 Sch (item 33(j))\ns 28\ns 29\n\ns 29(3)\namended by 33/1999 Sch (item 31(k))\n\namended by 28/2007 s 20(1)\ns 29(4)\nsubstituted by 96/1995 s 4\n7.12.1995\n\namended by 28/2007 s 20(2)\n\namended by 17/2013 s 5(1)—(3)\n\namended by 44/2017 s 16(1)—(4)\ns 29A\ninserted by 29/2004 s 4\n\nexpires when Sch 2A expires: s 29A(5)\n\ns 30\n\ns 30(1) and (2)\nsubstituted by 28/2007 s 21\ns 31\n\ns 31(2)\namended by 51/2017 s 131\ns 32\n\ns 32(1)\namended by 28/2007 s 22(1)\ns 32(1a)\ninserted by 28/2007 s 22(2)\ns 32(2)\namended by 28/2007 s 22(3)\ns 32(3)\nsubstituted by 28/2007 s 22(4)\ns 32(4) and (5)\ninserted by 28/2007 s 22(4)\ns 35\n\ns 35(1)\nsubstituted by 51/2017 s 132(1)\ns 35(1a)\ninserted by 51/2017 s 132(1)\ns 35(2)\namended by 51/2017 s 132(2)\ns 35(3)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 21(e))\nPt 4\n\ns 42\n\nagent\nsubstituted by 28/2007 s 23(1)\nproperty manager\ninserted by 44/2017 s 17\nsales representative\nsubstituted by 28/2007 s 23(2)\ns 43\nsubstituted by 28/2007 s 24\ns 43(1)\namended by 44/2017 s 18(1), (2)\ns 44\namended by 51/2017 s 133\ns 45\n\ns 45(1)\namended by 51/2017 s 134(1)\ns 45(2)\namended by 51/2017 s 134(2)\ns 46\namended by 21/1998 s 18\n\nsubstituted by 51/2017 s 135\ns 47\n\ns 47(1)\n\namended by 28/2007 s 25\n\namended by 17/2013 s 6(1)\n\namended by 71/2013 s 21\n\namended by 51/2017 s 136(1)\ns 47(1a)\ninserted by 17/2013 s 6(2)\n\namended by 51/2017 s 136(2)\ns 47(1b)\ninserted by 17/2013 s 6(2)\n\namended by 51/2017 s 136(3)\ns 47(2)\namended by 51/2017 s 136(4)\ns 47(5)\ninserted by 17/2013 s 6(3)\n\nsubstituted by 44/2017 s 19\ns 48\n\ns 48(1)\n\namended by 51/2017 s 137(1)\ns 48(2)\n\namended by 51/2017 s 137(2)\nPt 5\n\ns 48A\ninserted by 28/2007 s 26\ns 49\n\ns 49(1)\namended by 44/2017 s 20\ns 50\n\ns 50(1)\namended by 44/2017 s 21\ns 50(3)\namended by 33/1999 Sch (item 31(l))\n\namended by 29/2004 s 5\ns 52\n\ns 52(1)\namended by 28/2007 s 27(1)\ns 52(2)\namended by 28/2007 s 27(2)\ns 52(2a)\ninserted by 39/2009 s 48\ns 53\n\ns 53(1)\namended by 51/2017 s 138(1)\ns 53(3)\ninserted by 51/2017 s 138(2)\ns 54\ns 59\ndeleted by 16/2013 s 60\n17.6.2013\ns 61\n\ns 61(1)\nsubstituted by 21/1998 Sch cl 4 as substituted by 22/1998 s 3\n\namended by 44/2017 s 22\ns 62\namended by 28/2007 s 28\n\namended by 44/2017 s 23\ns 63\n\ns 63(1)\namended by 28/2007 s 29(1)\ns 63(2)\nsubstituted by 28/2007 s 29(2)\ns 65\n\ns 65(2)\namended by 34/1996 s 4 (Sch cl 20)\n3.2.1997\n\namended by 28/2007 s 30(1)—(3)\ns 65(6)—(8)\ninserted by 44/2017 s 24\nSch 1 before deletion by 51/2017\n\ncl (5)\namended by 21/1998 s 19\nSch 1\ndeleted by 51/2017 s 139\nSch 2\n\ncl 1\ncl 3\n\ncl 3(4)\namended by 29/2004 s 6\nSch 2A\ninserted by 29/2004 s 7\n\nwill expire by proclamation: cl 9(1)\n\ncl 3\n\ncl 3(3)\namended by 51/2017 s 140(1)\ncl 4\n\ncl 4(5)\namended by 51/2017 s 140(2)\nSch 3\n\ncl (1)\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Sunday Auctions and Indemnity Fund) Act 1995, Sch\n1—Validation of past payments out of fund\n\t(1)\tPayments out of the indemnity fund maintained under Pt 3 Div 3 of the Land Agents Act 1994 before the commencement of this Act are to be regarded as having been lawfully made if made for a purpose of a kind referred to in s 29 of the Land Agents Act 1994 as amended by this Act or s 31 of the Conveyancers Act 1994 as amended by this Act.\n\t(2)\tPayments out of the fund kept under Pt 8 of the repealed Land Agents, Brokers and Valuers Act 1973 are to be regarded as having been lawfully made if made for any of the following purposes:\n\t(a)\tthe costs of investigating complaints, and of disciplinary proceedings, against persons regulated under that Act;\n\t(b)\tthe costs of prosecutions for offences against that Act;\n\t(c)\tcosts consequent on the appointment of an administrator or examiner under that Act;\n\t(d)\tany other purpose specified by or under that Act.\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nStatutes Amendment (SACAT No 2) Act 2017, Pt 25\n141—Transitional provisions\n\t(1)\tA right of appeal under the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(2)\tA right to lodge a complaint under section 44 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the complaint may be lodged with the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(3)\tA decision or order of the Administrative and Disciplinary Division of the District Court under Part 4 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.\n\t(4)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.\n\t(5)\tA member of each panel of persons who may sit as assessors established under Schedule 1 of the principal Act (as in existence immediately before the relevant day) ceases to hold office on the commencement of this subsection and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.\n\t(6)\tIn this section—\nprincipal Act means the Land Agents Act 1994;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nReprint No 1—7.12.1995\n\nReprint No 2—3.2.1997\n\nReprint No 3—28.5.1998\n\nReprint No 4—1.7.1999\n\nReprint No 5—1.6.2000\n\nReprint No 6—1.11.2001\n\nReprint No 7—8.4.2002\n\n17.6.2013\n\n","sortOrder":11}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":782},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1994 scope. Originally focused on land agents and sales representatives, it now includes: property managers (added 2017), auctioneers (added 2007), urgent suspension powers (2017), and a complex special compensation scheme for the G.C. Growden investment fraud (Schedule 2A, added 2004). The indemnity fund purposes have also broadened from pure compensation to include education, dispute conciliation, and legislative review costs."},"complexity_factors":["Multiple overlapping registration categories (agent, sales representative, property manager, auctioneer) with different qualification pathways and conditional registration options","Extensive cross-referencing to other legislation including the South Australian Civil and Administrative Tribunal Act 2013, Fair Trading Act 1987, Corporations Act 2001, and Land and Business (Sale and Conveyancing) Act 1994","Nested conditional logic in registration entitlements — sections 8, 8A, 8B, 8BA, 8BB, 8C create multiple pathways with training conditions, supervision requirements, and exceptions","Detailed trust account rules with 14 specific permitted withdrawal purposes (section 14), audit requirements, and administrator appointment triggers","Indemnity fund mechanics including notional division into Part A and Part B, subrogation rights, proportionate reduction for insufficiency, and interaction with Schedule 2A special provisions","Disciplinary framework with mandatory cancellation for prescribed offences (section 47(1a)) creating strict liability elements","Transitional provisions and legislative history showing 20+ amendments over 25 years, including conversion from licensing to registration system"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law regulating real estate agents, property managers, sales representatives, and auctioneers. It sets up a comprehensive licensing system to protect people buying, selling, or leasing property.\n\n**Who needs to be registered:**\n\n- **Land agents** (real estate agents) — must register to legally operate\n- **Sales representatives** — employees who sell property on behalf of agents\n- **Property managers** — people who handle rentals and leases for agents\n- **Auctioneers** — must be additionally registered on top of their agent or sales rep registration\n\n**Key protections for consumers:**\n\n- **Trust accounts**: Agents must hold client money (deposits, rent, etc.) in separate bank accounts that are strictly audited. Mishandling this money can result in fines up to $100,000 or 5 years prison.\n- **Indemnity fund**: A government-backed compensation scheme (currently over $13.5 million) that pays out if an agent steals or loses client money through dishonesty or negligence.\n- **Disciplinary system**: The South Australian Civil and Administrative Tribunal can fine, suspend, or ban agents who break the rules.\n\n**How it works in practice:**\n\n- The Commissioner for Consumer Affairs oversees registration, investigates complaints, and can appoint administrators to take over an agent's trust account if there's suspected fraud or mismanagement.\n- Registered people must carry photo ID cards and display their registration number in advertisements.\n- Annual fees, audits, and record-keeping requirements keep the system transparent.\n\n**Special note:** Schedule 2A contains temporary provisions for compensating victims of a specific 1990s investment fraud involving G.C. Growden Pty Ltd — this was a one-off historical arrangement that will expire once all claims are settled."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from the original intent as the legislative text was not retrievable. Based on general knowledge, the Act has been amended over time to align with national real estate industry reforms, but its core purpose — licensing and regulating land agents in South Australia — appears to have remained consistent with its original intent."},"complexity_factors":["Full legislative text was unavailable — analysis is based on general knowledge only, introducing uncertainty","Licensing and conduct frameworks in real estate legislation typically involve multiple regulatory layers","Trust account obligations require understanding of both legal and financial compliance requirements","Interaction with other SA and Commonwealth laws (e.g., consumer protection, property law) adds some complexity","Relatively contained scope (one industry sector) keeps overall complexity moderate"],"plain_english_summary":"**Note: The actual text of this legislation could not be retrieved.** The link provided returned a 'Page Not Found' error from the South Australian legislation website, meaning the full content of the *Land Agents Act 1994* (SA) was not available for analysis.\n\n**What is known about this Act generally:**\nThe *Land Agents Act 1994* is a South Australian law that regulates **land agents** (people and businesses involved in buying, selling, renting, or managing real estate on behalf of others). It covers:\n- **Who needs a licence** to operate as a land agent or sales representative in South Australia\n- **How to apply** for and maintain a licence\n- **Rules of conduct** that agents must follow when dealing with clients and the public\n- **Handling of trust money** (money held on behalf of clients, such as deposits on property purchases)\n- **Disciplinary processes** if an agent breaks the rules\n- **Protections for consumers** who deal with land agents\n\n**Who does it affect?** Real estate agents, property managers, sales representatives, and anyone buying, selling, or renting property in South Australia through an agent.\n\n⚠️ *This summary is based on general knowledge of the Act, not the retrieved legislative text. Always check the current version at [legislation.sa.gov.au](https://www.legislation.sa.gov.au) for accurate and up-to-date information.*"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The statutory scope has expanded and been reshaped since the 1994 Act was first enacted. Key scope changes reflected in the statute text and legislative history include:\n\n- Addition and formalisation of separate registration classes for sales representatives and auctioneers (s 6A inserted by 28/2007 s 12; s 6B inserted by 28/2007 s 12) and later the introduction and definition of property managers as a distinct class (definition inserted by 44/2017 s 5(1); s 6AB inserted by 44/2017 s 7). These changes broadened which persons performing land‑related functions must be registered (ss 3, 6A, 6AB, 6B).\n\n- Strengthening of supervisory and conditional registration pathways (conditional registration with training and supervision under ss 8B and 8BB added by 28/2007 and 44/2017 respectively), increasing employer supervision obligations (s 8B(3), s 8BB(3)).\n\n- Expansion of interim enforcement tools: the Commissioner’s power to suspend or impose conditions in urgent circumstances was added (Part 2AA, s 11BA inserted by 44/2017 s 11) alongside broader powers to cancel, suspend or impose conditions (s 11C inserted by 71/2013 s 19).\n\n- Trust‑account and indemnity arrangements were refined: an indemnity fund division and a special compensation schedule for a historic Growden default were inserted (s 29A inserted by 29/2004 s 4 and Schedule 2A inserted by 29/2004 s 7). Various auditing, ADI reporting and administrator powers have been expanded or clarified (ss 16–25; amendments listed in legislative history entries for 1999–2018).\n\n- Tribunal and appeal arrangements were updated to reflect new administrative tribunal structures and review timeframes (see substitution and insertion references in the legislative history for ss 8D, 45 and related provisions; SACAT‑related amendments by 51/2017).\n\nThese additions and amendments (identified in the Act and legislative history entries) materially broaden the Act’s regulatory reach, increase administrative powers and add specific compensation arrangements. The text therefore shows a scope that has evolved from the original 1994 framework to a more granular regulatory architecture covering additional roles, supervisory conditions, urgent administrative powers and a divided indemnity arrangement."},"complexity_factors":["Multiple regulated roles with distinct rules and overlaps (agent, sales representative, property manager, auctioneer) (ss 3–6B, 8A, 8BA, 8C).","Layered registration eligibility criteria with qualifications, criminality, insolvency and 'fit and proper' tests for different classes (ss 7–9, 8, 8A, 8BA).","Substantial Commissioner discretion across registration, conditions, urgent suspension, appointment of administrators and information requests (ss 5, 7, 8E, 11BA, 11C, 16, 32).","Detailed trust‑account regime including approved ADI accounts, specific permitted withdrawals, strict recordkeeping, auditing and ADI reporting duties (ss 13–15, 21–25).","Indemnity fund scheme with funding sources, claim processes, limits, subrogation rights and a notional division into parts (ss 29–41, s 29A, Schedule 2A).","Disciplinary framework that uses the Tribunal, panels of assessors, a range of sanctions, and interaction with criminal prosecutions (Part 4: ss 43–48; ss 61, 62).","Statutory and regulatory cross‑references and a broad power for regulations to set codes, fees, commission caps and exemptions (s 65).","Transitional and historical amendments (multiple inserts and substitutions over time) that add layers (see legislative history and insertions such as ss 6A, 6AB, 29A, Schedule 2A).","Multiple enforcement pathways (criminal penalties, administrative cancellation, civil recovery and indemnity claims) with time limits and continuing-offence rules (ss 13(3), 47, 60, 61)."],"plain_english_summary":"What this law does (mechanically)\n\n- Requires people and businesses trading in land and related services to be registered to operate in those roles. Core registration rules apply to agents (businesses that sell or deal in land or businesses) (s 4, s 6), sales representatives (s 6A), property managers (s 6AB) and auctioneers (s 6B). Applicants must meet qualification, character and solvency tests and pay fees (s 7, s 8, s 8A, s 8BA, s 9).\n\n- Gives the Commissioner for Consumer Affairs primary administrative control of registrations, enforcement and management of the scheme (s 5). The Commissioner can approve registration forms, require photographs and identity information, and set conditions on registrations (s 7(1), s 7(2a), s 8E, s 11C).\n\n- Controls how client money (trust money) is handled. Trust money must be deposited promptly into a Commissioner‑approved account at an authorised deposit‑taking institution (ADI) (s 13). Withdrawals from trust accounts are limited to specified lawful purposes (s 14). Agents must keep prescribed records, hold audits and make returns to the Commissioner (s 21, s 22). The Commissioner can appoint administrators or temporary managers to supervise or run trust accounts where problems are suspected (s 16, s 17). ADIs must report account deficiencies (s 25).\n\n- Provides an indemnity fund to compensate people who suffer pecuniary loss because of a fiduciary default by an agent (s 29–s 41). The fund is funded from various sources including interest on trust accounts, recoveries and fines (s 29(3)–(4)). The Act sets out how claims are made, assessed and paid, how payments affect recovery rights and how shortfalls are handled (s 30–s 40). A notional split of the fund into Part A and Part B exists to support a special compensation scheme (s 29A and Schedule 2A).\n\n- Establishes disciplinary processes. Complaints may be lodged with the Tribunal; the Tribunal may hear matters, use assessors, and impose sanctions including reprimands, fines, suspension, cancellation and disqualification (Part 4: s 43–s 47). Urgent interim action (suspension or conditions) can be taken quickly by the Commissioner in specified circumstances (s 11BA).\n\n- Contains enforcement and miscellaneous rules: advertising must include the agent's registration number (s 48A); false or misleading statements are penalised (s 54); prosecutions generally must be commenced by the Commissioner, an authorised Fair Trading officer or with Ministerial consent (s 61); and the Governor may make regulations covering codes of conduct, fees, commission rates and exemptions (s 65).\n\nWho pays, who decides, what changes in behaviour\n\n- Who pays: registered persons bear registration fees, annual fees, costs of recordkeeping and audits, and may fund the indemnity scheme indirectly (s 7, s 9, s 22, s 29). Claimants who seek compensation may incur legal costs that can be included in a claim (s 30). Fines imposed by the Tribunal are credited to the indemnity fund (s 47(3)).\n\n- Who decides: the Commissioner directs administration (s 5), approves registration and can impose, vary or cancel conditions (s 7, s 11C). The Tribunal decides disciplinary matters and reviews of certain Commissioner decisions (s 8D, s 11BA(4)–(7), s 11C(4)). Regulations may delegate discretion to the Commissioner or Minister (s 65(3)).\n\n- Behavioural effects: people and firms dealing in land-related services must register or work for a registered employer (s 6, s 6A, s 6AB). They must segregate client money into approved trust accounts (s 13), maintain records and audits (s 21, s 22), and comply with supervision and training conditions for conditional registrations (s 8B, s 8BB). Non‑registration or mismanagement may lead to criminal penalties, loss of commissions, disciplinary sanctions or appointment of an administrator (s 6(1)–(3), s 13(3), s 16, Part 4).\n\nStated purposes and how they trade off against costs and incentives\n\n- The Act’s stated or implied purpose is to protect people dealing in land by ensuring practitioners are fit, supervise client money securely, provide a compensation backstop and discipline misconduct (see the registration rules (s 6–s 9), trust account and audit regime (s 13–s 22), and indemnity fund (s 29)).\n\n- Implementation and compliance costs: registration, annual fees, recordkeeping, auditing, professional supervision and training requirements impose ongoing costs on agents and their employers (s 7, s 9, s 21, s 22, s 8B(3), s 8BB(3)). Agents operating as corporations must ensure natural‑person supervision (s 10, s 11). Conditional registrations require employer supervision, increasing employer oversight duties (s 8B(3), s 8BB(3)).\n\n- Incentives and private choice: the law makes it costly and legally risky to operate outside the regulated framework (s 6(1), s 6A(1), s 6AB(1)). It creates an incentive to use registered agents or engage staff under contracts of service (s 6A(1), s 6AB(1)). The indemnity fund provides partial financial backstop for losses from fiduciary default but payments are subject to restriction, deduction and pro rata reduction where funds are insufficient (s 30, s 40).\n\n- Bureaucratic discretion and implementation risk: the Commissioner has wide powers (registration decisions, imposing conditions, appointing administrators, requiring information and photographs) (s 7, s 8E, s 11BA, s 16, s 32). That discretion concentrates decision‑making and creates dependency on the Commissioner’s procedures and resourcing for consistent, timely outcomes (s 5, s 64). Tribunal review rights exist but are time‑limited (s 8D, s 11BA(5)–(7), s 35(1a)).\n\n- Enforcement trade‑offs: the Act mixes criminal penalties, administrative sanctions and civil remedies. Severe penalties apply for trust money misappropriation and some continuing offences (s 13(3), s 60). The indemnity fund and the Commissioner’s subrogation rights (s 38, s 6(3)) generate recovery activity against persons responsible for defaults, with administrative costs borne by the fund (s 29(4)(d),(e)).\n\nKey implementation points to note\n\n- Registration and supervision requirements are central: failure to register can bar recovery of commissions and attract high penalties (s 6(1)–(3)).\n- Trust account rules and formal audit obligations are prescriptive and enforced by administrators, examiners and ADI reporting duties (s 13, s 16, s 22, s 25).\n- The indemnity fund is the statutory compensation mechanism, but limits and pro rata treatment apply where the fund is insufficient; a portion was notionally reserved for a historic Growden scheme (s 29, s 29A, Schedule 2A).\n- The Commissioner holds broad powers to act quickly in urgent circumstances (s 11BA), and many decisions are reviewable at the Tribunal within specified statutory timeframes (s 8D, s 11BA(5), s 35(1a))."}},"importantCases":[],"_links":{"self":"/api/acts/land-agents-act-1994","history":"/api/acts/land-agents-act-1994/history","analysis":"/api/acts/land-agents-act-1994/analysis","conflicts":"/api/acts/land-agents-act-1994/conflicts","importantCases":"/api/acts/land-agents-act-1994/important-cases","documents":"/api/acts/land-agents-act-1994/documents"}}