Sch 1Reviewable decisions

Schedule 1 Reviewable decisions (see s 166) item 1 33 (2) (a) issue licence applicant objectors 2 33 (2) (b) refuse to issue licence applicant objectors 3 34 (2) (a) put condition on a licence (a) if done on issue of licence—applicant objectors (b) if done on existing licence––licensed 4 34 (2) (b) amend a licence 5 36 (2) (b) refuse to renew licence licensed agent 6 57 (2) (a) register an applicant applicant objectors 7 57 (2) (b) refuse to register an applicant applicant objectors 8 58 (2) (a) put a registration (a) if done on registration— applicant objectors (b) if done on existing registration–– registered assistant property agent 9 58 (2) (b) amend a registration 10 60 (2) (b) refuse to renew registration Schedule 1 Reviewable decisions item 11 71 (1) refuse to exempt person from being property agent person responsible for management of business of 12 71 (1) refuse to exempt from having class 1 licensed property agent in charge of business licensed property agent who owns business 13 71 (1) refuse to exempt property agent from requirement to manage not more than applicant for exemption 14 71 (1) refuse to exempt property agent in charge of a business from requirement to not provide service to another agent applicant for exemption 15 71 (2) put condition on prohibition on managing, or providing services, to more than exempted 16 71 (2) amend a condition on prohibition on managing, or providing services, to more than exempted Reviewable decisions Schedule 1 item 17 105A (1) refuse to exempt licensed agent from requirement to open trust account 18 105A (3) put condition on requirements of s 105 licensed agent exempted 19 105A (3) amend condition of requirements of s 105 licensed agent exempted 20 139 (1) appoint an administrator licensed agent or former 21 139 (2) appoint an administrator person carrying on the business to be administered 22 153 require a claimant to begin proceeding 23 154 decide about financial loss 24 156 (2) not make interim payment (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • Act • adult • Australian Consumer Law (ACT) • Australian Criminal Intelligence Commission • authorised deposit-taking institution • business day • commissioner for fair trading • corporation • Corporations Act • director-general (see s 163) • entity • financial year • found guilty • in relation to • lawyer • month • occupational discipline order • public trustee and guardian • reviewable decision notice • State • territory law • under. account, for a licensed property agent, for division 8.2 (Freezing accounts—licensed property agents)—see section 131. ACT dishonesty offence means an offence against a territory law that involves dishonesty. ADI business day, for a trust account, for division 7.2 (Trust money and trust accounts)—see section 104. administrator, for part 9 (Appointment of administrators)—see section 138. agent— (a) for this Act generally, means a person who carries on business as any of the following: (i) a business agent; (ii) a land auctioneer; (iii) a real estate agent; (iv) a stock and station agent; and (b) for division 3.4 (Occupational discipline—agents)—see section 40. agents licence means any of the following: (a) a business agents licence; (b) a land auctioneers licence; (c) a real estate agents licence; (d) a stock and station agents licence. assistant property agent means a person who, as an employee, provides— (a) a business agent service; or (b) a real estate agent service; or (c) a stock and station agent service. audit period, for a licensed agent, means the period fixed under section 113 for the agent. beneficial interest, in land, for division 5.6 (Land—further provisions)—see section 82. benefit, for division 5.6 (Land—further provisions)—see section 80. business agent service—see section 10 (2). buyer includes a prospective buyer. carries on business as— (a) a business agent—see section 10; or (b) an employment agent, for part 5A (Employment agents)—see section 98A; or (c) a land auctioneer—see section 11; or (d) a real estate agent—see section 8; or (e) a stock and station agent—see section 9. child, of a person, means the son, daughter, grandson, granddaughter, stepson or stepdaughter of the person, or someone in relation to whom the person is acting in place of a parent. claimant, for division 10.2 (Claims against compensation fund)—see section 149. class 1 licensed business agent means a person who holds a class 1 licence as a business agent. class 1 licensed property agent means— (a) a class 1 licensed business agent; or (b) a class 1 licensed real estate agent; or (c) a class 1 licensed stock and station agent. class 1 licensed real estate agent means a person who holds a class 1 licence as a real estate agent. class 1 licensed stock and station agent means a person who holds a class 1 licence as a stock and station agent. class 2 licensed business agent means a person who holds a class 2 licence as a business agent. class 2 licensed property agent means— (a) a class 2 licensed business agent; or (b) a class 2 licensed real estate agent; or (c) a class 2 licensed stock and station agent. class 2 licensed real estate agent means a person who holds a class 2 licence as a real estate agent. class 2 licensed stock and station agent means a person who holds a class 2 licence as a stock and station agent. compensation fund means the consumer compensation fund kept under section 144. corresponding law—see section 174. details, of a trust account, for part 7 (Trust accounts—licensed property agents)—see section 103. employ includes–– (a) engaging a person on a contract of service; and (b) for a corporation, having a person as director or other member of its governing body. employee— (a) means— (i) any person employed, regardless of how remunerated; and (ii) a person engaged on a contract of service; and (b) for a corporation, includes a director or other member of its governing body. estimate, for division 5.6 (Land—further provisions)—see section 80. executive officer, of a corporation, means a person who is concerned in, or takes part in, the management of the corporation, whether or not the person is a director of the corporation. failure to account, in relation to a licensed agent, means a failure by the agent to account for money or other property entrusted to the agent in the course of carrying on the agent’s business as a licensed agent. fair trading legislation—see section 7. family member, of a person, means— (a) the person’s domestic partner; or (b) the person’s parent or child; or (c) the person’s brother, sister, half-brother or half-sister; or (d) the parent or child of the person’s domestic partner. ground for occupational discipline— (a) for an agent—see section 41; and (b) for a registered assistant property agent—see section 65. land includes an interest in land. land auctioneer means a person who carries on business as a land auctioneer. land auctioneer service—see section 11 (2). licence means a licence under this Act. licensed, for division 3.1 (Agents to be licensed)––see section 17. licensed agent means an agent who holds a licence, and includes a land auctioneer who holds a licence. licensed business agent means— (a) a class 1 licensed business agent; or (b) a class 2 licensed business agent. licensed land auctioneer means a person who holds a licence as a land auctioneer. licensed property agent— (a) for this Act generally—see section 7A; and (b) for part 7 (Trust accounts—licensed property agents)—see section 101; and (c) for division 8.2 (Freezing accounts—licensed property agents)—see section 131; and (d) for division 10.2 (Claims against compensation fund)—see section 147. licensed real estate agent means— (a) a class 1 licensed real estate agent; or (b) a class 2 licensed real estate agent. licensed stock and station agent means— (a) a class 1 licensed stock and station agent; or (b) a class 2 licensed stock and station agent. main place of business, for a licensed agent, means the place shown in the register as the agent’s main place of business. non-ACT offence means an offence against a law other than a territory law. obtains a beneficial interest, in land, for division 5.6 (Land—further provisions)—see section 82. parent, of a person, means the person’s father, mother, grandfather, grandmother, stepfather or stepmother, or someone acting in place of the person’s parent. police certificate, for a person, means a written statement by the Australian Federal Police or the Australian Criminal Intelligence Commission indicating— (a) whether, according to the records held by the Australian Federal Police or the Australian Criminal Intelligence Commission, the person has been charged with, or convicted of, an offence against a law of— (i) the Territory; or (ii) the Commonwealth; or (iii) a State; or (iv) another country; and (b) if so—particulars of each offence. Note A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)). pre-contract information, for division 5.6 (Land—further provisions)—see section 81. principal, of a person, does not include the person’s employer. publish—see section 78. qualified auditor, for division 7.4 (Audit of trust accounts)—see section 112. real estate agent service—see section 8 (2). records includes documents and information in electronic form. register, when used as a noun, means the register under section 160. registered, in relation to an assistant property agent, for division 4.1 (Assistant property agents to be registered)—see section 44. registered assistant business agent means a person registered under section 57 as an assistant business agent. registered assistant property agent— (a) for this Act generally, means— (i) a registered assistant business agent; or (ii) a registered assistant real estate agent; or (iii) a registered assistant stock and station agent; and (b) for division 4.4 (Occupational discipline—registered assistant property agents)—see section 64. registered assistant real estate agent means a person registered under section 57 as an assistant real estate agent. registered assistant stock and station agent means a person registered under section 57 as an assistant stock and station agent. registration means registration under this Act. relevant offence— (a) means— (i) any of the following offences against a territory law: (A) an offence involving dishonesty; (B) an offence against the person; (C) an offence involving violence; (D) an offence against the Criminal Code, chapter 6, punishable by a maximum term of imprisonment of 3 years or more (a serious drug offence) or an offence against a territory law previously in force that is similar in nature to a serious drug offence; or (ii) a sexual offence; and (b) includes a non-ACT offence that is similar in nature to an offence mentioned in paragraph (a) (i). reviewable decision, for part 12 (Notification and review of decisions)––see section 166. rules of conduct means rules of conduct prescribed under section 171. rural land means land used mainly for–– (a) agricultural or pastoral purposes; or (b) a purpose prescribed by regulation. seller includes prospective seller. selling price, for division 5.6 (Land—further provisions)—see section 80. sexual offence—see the Spent Convictions Act 2000, dictionary. stock and station agent service—see section 9 (2). stop direction, for division 8.2 (Freezing accounts—licensed property agents)––see section 131. trust account—see section 105. trust money—see section 102. vehicle includes a ship, train or aircraft. About the endnotes 1 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Agents Act 2003 A2003-20 notified LR 19 May 2003 s 1, s 2 commenced 19 May 2003 remainder commenced 1 November 2003 (s 2 and CN2003-12) as amended by Civil Law (Sale of Residential Property) Act 2003 A2003-40 sch 1 pt 1.1 (as am by A2004-32 s 55) notified LR 8 September 2003 s 1, s 2 commenced 8 September 2003 (LA s 75 (1)) sch 1 pt 1.1 commenced 1 July 2004 (s 2) Justice and Community Safety Legislation Amendment Act 2004 A2004-18 pt 2 notified LR 6 April 2004 s 1, s 2 commenced 6 April 2004 (LA s 75 (1)) pt 2 commenced 20 April 2004 (s 2) Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 2, s 55 notified LR 29 June 2004 s 1, s 2 commenced 29 June 2004 (LA s 75 (1)) pt 2 commenced 30 June 2004 (s 2 (1)) s 55 commenced 1 July 2004 (s 2 (2)) Note s 55 only amends Civil Law (Sale of Residential Property) Act