Agents Licensing Act 1979

1 Short title This Act may be cited as the Agents Licensing Act 1979.

2 Commencement The several Parts and sections of this Act shall commence on such dates as are respectively fixed by the Administrator by notice in the Gazette.

3 Repeal The Land and Business Agents Ordinance 1974 is repealed.

4 Application (1) This Act does not apply in relation to: (a) an executor, administrator, liquidator or receiver other than a receiver appointed under this Act, the committee of the estate of a person appointed under a law relating to mental health, a manager of the estate of a person appointed under a law relating to the property of protected persons or any other trustee, while exercising a right or power or performing a duty or obligation, as such; or (b) an ADI while exercising a right or power, or performing a duty or obligation, as a trustee; or (c) a person practising in the Territory as a legal practitioner in the exercise of rights and powers or the performance of duties and obligations in his or her professional capacity. (2) This Act does not bind the Crown or its officers or servants.

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5 Interpretation (1) In this Act: accounting records, in relation to a person, includes such working papers and other documents as are necessary to explain the methods and calculations by which accounts of the person are made up. agent means a real estate agent, business agent or conveyancing agent's representative means a person who, in the service of, and on behalf of, a licensed agent negotiates or holds himself or herself out as being prepared to negotiate any transaction of a description referred to in subsection (2)(a) or (b). approved form means a form approved under section 126A(1). Board means the Agents Licensing Board of the Northern Territory constituted under Part II. body corporate manager, under the Unit Title Schemes Act 2009, means a body corporate manager as defined in section 87(1) of that Act. business manager means a person, with substantive and effective control of one or more of the registered offices of the business operated under a licence, who is specified on the licence as a business manager in respect of the office or offices. Chairperson means the Chairperson of the Board appointed under section 9 and includes the Deputy Chairperson when acting as the Chairperson. company means a corporation within the meaning of the Corporations Act 2001. corporation manager under the Unit Titles Act 1975 means a person who for reward (whether monetary or otherwise), and whether or not the person carries on any other business, exercises a power or performs a function on behalf of a corporation or members of a corporation under that Act. departmental member means the member who is an employee within the meaning of the Public Sector Employment and Management Act 1993 appointed under section 7. Deputy Chairperson means the Deputy Chairperson of the Board elected under section 14(4)(b).

Agents Licensing Act 1979 3 firm includes a business constituted by one person. Fund means the Agents Licensing Fidelity Guarantee Fund of the Northern Territory established by section 94. inquiry means a meeting of the Board to conduct an inquiry in pursuance of Part IX. inspector means an inspector appointed under section 8. Institute means the Real Estate Institute of the Northern Territory Incorporated. lease includes a sub-lease. licence means a licence that is in force under this Act. licensed agent means an agent licensed to carry on business as an agent. member means a member of the Board (including the Chairperson or Deputy Chairperson) and includes an acting appointment. register means the appropriate register kept under section 109. registered agents representative means a person registered under Part IV as an agent's representative. registered company auditor means a registered company auditor within the meaning of the Corporations Act 2001. registered office means an office of which the Registrar has been notified under section 110(2)(a). Registrar means the Registrar of Land, Business and Conveyancing Agents appointed under section 8. regulations means regulations made under this Act. rules of conduct means rules of conduct prescribed in the regulations. trust account means an account referred to in section 50. trust money means money of a description referred to in section 49.

Agents Licensing Act 1979 4 (2) For the purposes of this Act, but subject to section 4: (a) real estate agent means a person whose business either alone or as part of or in connection with any other business, is to act as agent for consideration in money or money's worth as commission, reward or remuneration, in respect of: (i) the sale, purchase, exchange, leasing, letting or other dealings with, or the disposition of; or (ii) negotiations for the sale, purchase, exchange, leasing, letting or other dealings with, or the disposition of, land, whether within or outside the Territory, and includes a corporation manager under the Unit Titles Act 1975 and a body corporate manager under the Unit Title Schemes Act 2009; and (b) business agent means a person whose business either alone or as part of or in connection with any other business, is to act as agent for consideration in money or money's worth as commission, reward or remuneration, in respect of: (i) the sale, purchase, exchange, leasing or letting or other dealings with, or the disposition of; or (ii) negotiations for the sale, purchase, exchange, leasing, letting or other dealings with, or the disposition of, a business or any share or interest in a business, or the goodwill in, or stock-in-trade of, a business, but does not include the sale, purchase, exchange or other dealings with, or the disposition of a share in the capital of a body corporate carrying on a business; and (c) conveyancing agent means a person whose business either alone or as part of or in connection with any other business, is to act as agent for consideration in money or money's worth as commission, reward or remuneration (whether or not paid directly or indirectly for the service provided), in respect of a matter set out in Schedule 1. (3) In this Act, a reference to a person being licensed or registered as a real estate agent, business agent or conveyancing agent under a law of a State or Territory providing for the licensing or registration of real estate agents, business agents or conveyancing agents, as the case may be, includes a reference to a person being licensed or registered in that State or Territory (not being the Northern Territory) to carry on an activity that, if carried on in the Northern Territory, would be an activity of a kind referred to in

Agents Licensing Act 1979 5 subsection (2)(a), (b) or (c), as the case may be.

5A Exemptions (1) Subject to the regulations, the Board may exempt a person, or a class of persons, from compliance with all or any of the provisions of this Act if the Board considers it appropriate to do so. (2) The Board may grant an exemption under subsection (1): (a) subject to any conditions that the Board considers appropriate; and (b) on the Board's own initiative or on an application made under subsection (3). (3) A person may apply to the Board for an exemption under

5B Exemption for trust money of corporation manager A licensed agent: (a) who receives trust money in the course of business carried on as a corporation manager under the Unit Titles Act 1975 or as a body corporate manager under the Unit Title Schemes Act 2009; and (b) who holds and deals with the trust money in accordance with a scheme prescribed under section 127(2), shall, notwithstanding anything to the contrary in this Act, the Unit Titles Act 1975, the Unit Title Schemes Act 2009 or any other Act, be deemed not to have committed any breach of the provisions of this Act or those Acts which would otherwise apply to such trust money.

6 The Board (1) For the purposes of this Act and the Auctioneers Act 1935, there shall be a Board, to be known as the Agents Licensing Board of the Northern Territory. (2) The Board shall be a body corporate with perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name.

Agents Licensing Act 1979 6 (3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to a document and shall presume that it was duly affixed.

7 Appointment of members and tenure (1) Subject to subsection (1A), the Board shall consist of the following persons: (a) a departmental member, being a person who is an employee within the meaning of the Public Sector Employment and Management Act 1993; (b) a lawyer; (c) 2 persons each of whom is either a licensed real estate agent or a licensed business agent; (d) a person who, in the opinion of the Minister, is suitable to represent the interests of consumers of the services offered by agents. (1A) For the purposes of considering an application for a licence as a conveyancing agent or any other matter relating to conveyancing agents, the Board shall consist of the members appointed under subsection (1)(a), (b) and (d) and 2 licensed conveyancing agents appointed by the Minister for those purposes. (1B) For the purposes of considering an application for an auctioneer's licence under the Auctioneers Act 1935 or any other matter related to auctioneers, the Board is to consist of the members appointed under subsection (1). (2) Subject to this section, the Minister shall appoint the members of the Board. (3) The departmental member shall hold office during the pleasure of the Minister. (4) Subject to this Act, a member, other than the departmental member, shall hold office for a period of 3 years. (5) If there is or will be a vacancy in the office of a member referred to in subsection (1)(c), the Registrar must publish a notice, in any manner that makes it publicly available in the Territory, inviting licensed real estate agents and licensed business agents to notify the Minister, within 30 days after the publication of the notice, that they are willing to be appointed to the Board. (6) If there are or will be less than 2 licensed conveyancing agents for the purposes of subsection (1A), the Registrar must publish a

Agents Licensing Act 1979 7 notice, in any manner that makes it publicly available in the Territory, inviting licensed conveyancing agents to notify the Minister, within 30 days after the publication of the notice, that they are willing to be appointed to the Board. (7) The Minister may, after 30 days after the publication of a notice under subsection (5) or (6), with the approval of a person, appoint the person under subsection (2) (whether or not the person has notified the Minister under subsection (5) or (6)) to be the member for the purposes of subsection (1)(c) or (1A). (8) Where the office of a member referred to in subsection (1)(b) or (d) becomes vacant before the expiration of the member's term of office, the Minister may appoint: (a) a lawyer; or (b) a person of a description referred to in subsection (1)(d), as the case requires, to hold that office for a period of 3 years. (10) Subject to this section, a member shall be eligible for re-appointment. (11) The exercise of a power or the performance of a function of the Board is not affected by reason only of there being a vacancy or vacancies in the membership of the Board.

7A Alternate members (1) The Minister may, either concurrently with the appointment of a member to the Board or at any time thereafter, appoint a person to act as the alternate of that member while the member is prevented by illness, absence, the operation of section 15, or other cause considered sufficient by the Chairperson, from performing the duties of office. (2) An alternate member appointed under subsection (1) holds office during the period the member for which he or she is appointed alternate holds office, or for such shorter period as may be specified by the Minister. (3) The Minister shall not appoint an alternate member under subsection (1) unless that person would be qualified in his or her own right to be appointed as a member.

8 Registrar, Deputy Registrars and inspectors (1) The Minister may appoint a person to be the Registrar of Land, Business and Conveyancing Agents.

Agents Licensing Act 1979 8 (2) The Minister may appoint such persons as the Minister thinks fit to be Deputy Registrars of Land, Business and Conveyancing Agents. (3) The Registrar and Deputy Registrars are subject to the directions, if any, of the Board, except in relation to the exercise of their powers and functions under Part XII. (4) Subject to this section and to the directions of the Registrar, a Deputy Registrar may exercise any power, or perform any function, of the Registrar. (5) The Minister may appoint such persons as the Minister thinks fit to be Inspectors of Land, Business and Conveyancing Agents. (6) Inspectors shall be subject to any directions of the Registrar. (7) The Registrar and each Deputy Registrar is an inspector for the purposes of this Act.

9 Chairperson The member appointed under section 7(1)(b) is to be the Chairperson of the Board.

11 Removal of member The Minister may terminate the appointment of a member for inability, inefficiency, misbehaviour or physical or mental incapacity.

12 Vacation of office Where a member: (a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors or compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit; or (b) is absent, except on leave granted by the Board, from 3 consecutive meetings of the Board; or (c) ceases to have the qualification by reference to which the member was appointed, the Minister shall terminate the appointment of that member.

13 Resignation A member may resign the member's office by notice in writing delivered to the Minister.

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14 Meetings (1) The Board shall meet when necessary for the exercise of its powers and the performance of its functions, but so that a period not exceeding 6 months elapses between any 2 meetings of the Board. (2) The Chairperson may, by written notice, convene a meeting of the Board at any time on the Chairperson's own initiative. (4) At a meeting of the Board: (a) the Chairperson, when present, shall preside; and (b) in the absence of the Chairperson or the alternate Chairperson (if any) appointed under section 7A, the members present and voting must elect a Deputy Chairperson and that person may exercise the powers and perform the duties of the Chairperson for that meeting; and (c) 3 members constitute a quorum; and (d) all questions arising shall be decided by a majority vote of the members present and voting; and (e) the member presiding shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote; and (f) the Board shall keep a record of its proceedings; and (g) subject to this Act, the Board shall determine its own procedure.

15 Member not to act where interested (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board, otherwise than as a member of, and in common with the other members of, a company consisting of not less than 25 persons and of which the member is not a director, shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the member's interest at a meeting of the Board. (2) A disclosure under subsection (1) shall be recorded in the minutes of the Board. (3) Where: (a) a member has an interest of a description referred to in subsection (1); or

Agents Licensing Act 1979 10 (b) an application by a member for the grant of a licence or for registration as an agent's representative is being considered or about to be considered by the Board, that member shall not take part in any deliberation or decision of the Board in relation to the matter which is the subject of the member's interest or in relation to the application, as the case may be, and shall be disregarded for the purpose of constituting a quorum of the Board in relation to that matter or application.

16 Delegation (1) The Board may, either generally or in relation to a matter or class of matters, by instrument under its common seal, delegate to: (a) a member; or (b) a committee consisting of members; or (c) the Registrar; or (d) a Deputy Registrar, all or any of its powers or functions under this Act other than: (e) a power to conduct an inquiry under this Act; or (f) a power or function where, prior to the exercise of that power or function, the Board is required to conduct an inquiry under this Act; or (g) this power of delegation. (2) A power delegated in accordance with subsection (1) may be exercised by the delegate in accordance with the instrument of delegation. (3) A delegation under this section is revocable at will and does not prevent the exercise of a power so delegated by the Board.

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17 Unlicensed persons not to act as agents (1) Subject to subsection (2), a person, company or firm must not carry on business, or by any means hold himself, herself or itself out, as a real estate agent, business agent or conveyancing agent unless he, she or it is licensed as such under this Act. (2) A person, company or firm, being the holder of a restricted licence under section 25A, must not carry on business, or by any means hold himself, herself or itself out, as a real estate agent or business agent except in accordance with the conditions of the restricted licence. (3) A person (not being a company or a firm) must not perform, or hold himself or herself out as licensed to perform, a service of a conveyancing agent specified in section 31A(1) unless the person's conveyancing agent's licence is endorsed under that section with a statement to the effect that the person is licensed to perform the service.

Agents Licensing Act 1979 12 (4) A person (being a company or a firm) must not perform, or hold itself out as licensed to perform, a service of a conveyancing agent specified in section 31A(1) unless the licence of each business manager in relation to the registered office of the company or firm at which the service is, or is to be, performed is endorsed under that section with a statement to the effect that the business manager of that office is licensed to perform the service.

20 Meaning of fit and proper person (1) A natural person is a fit and proper person for the purposes of section 22, 25 or 39 if the person: (a) is not a disqualified person as determined in accordance with this section; and (b) is a person whose general reputation in the community (which may include a place outside the Territory) is such that the Board is satisfied that the person will competently, conscientiously and honestly perform the duties of an agent in relation to the person's employees and clients; and (c) has completed the application for a licence frankly, comprehensively and honestly. (2) A person is a disqualified person for the purposes of subsection (1)(a) if the person: (a) has in the 10 years immediately before the person applied for the licence, been found guilty (whether or not in the Territory) of a prescribed offence or an offence that involves dishonesty or violence or is an offence against the Misuse of Drugs Act 1990, the Kava Management Act 1998 or a corresponding law declared under subsection (8); or (b) is mentally incapable of performing the duties of an agent; or (c) is disqualified from holding a licence, certificate of registration or other authority under the Consumer Affairs and Fair Trading Act 1990 or a corresponding law declared under subsection (8) or is the holder of such a licence, certificate or authority that is suspended; or

Agents Licensing Act 1979 13 (d) has, at the time of the application, failed to pay a monetary penalty payable by the person under this Act, the Consumer Affairs and Fair Trading Act 1990 or a corresponding law declared under subsection (8) or failed to comply with a direction given by the Board; or (f) is at the time of the application in breach of a provision of this Act or the Regulations that is prescribed by regulation as a disqualifying breach. (3) The Board may determine that an offence referred to in subsection (2)(a) is not to be taken into account for the purposes of this section: (a) because of the time that has passed since the offence was committed; or (b) because the act or omission constituting the offence was trivial or irrelevant. (4) A person is a disqualified person for the purposes of subsection (1)(a) if the person: (a) is an undischarged bankrupt or is a director or other person concerned in the management of a company that is the subject of a winding up order or for which a controller or administrator has been appointed; or (b) at any time in the 3 years immediately before the person applied for the licence: (i) was an undischarged bankrupt; or (ii) applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounded with the person's creditors or made an assignment of the person's remuneration for their benefit, unless the Board is satisfied that the person took all reasonable steps to avoid bankruptcy; or (c) at any time in the 3 years immediately before the person applied for the licence, was concerned in the management of a company: (i) while it was the subject of a winding-up order; or (ii) while a controller or administrator was appointed,

Agents Licensing Act 1979 14 unless the Board is satisfied that the person took all reasonable steps to avoid the liquidation or administration; or (d) is a company that is the subject of a winding-up order or for which a controller or administrator has been appointed. (5) The Board may determine that a person is not a disqualified person under subsection (4) if the Board is satisfied that the relevant acts or omissions of the person for the purposes of that subsection do not indicate that the person is likely to default on his or her financial or other obligations under this Act. (6) A person (the applicant) is a disqualified person for the purposes of subsection (1)(a) if the person is a partner of a person who is a disqualified person, unless the Board is satisfied that in the circumstances the applicant is unlikely to be influenced by the disqualified person. (7) The Board may only determine that it is not satisfied as to the matter referred to in subsection (1)(b) having regard to information that is provided both to the Board and to the applicant. (8) The Minister may, by notice in the Gazette, declare that a law of the Territory, the Commonwealth or a State or another Territory of the Commonwealth is a corresponding law for the purposes of subsection (2)(a), (c) or (d).

22 Eligibility for licence (1) A person (not being a company or a firm) is eligible for the grant of a licence if the Board is satisfied that: (a) the person has attained the age of 18 years; and (b) the person is a fit and proper person within the meaning of section 20; and (c) the person: (i) completed a course of competency-based training approved by the Board under section 22A(1)(a) for the class of licence that is the subject of the application; or (ii) holds the qualifications for the class of licence approved by the Board under section 22A(1)(b) that is the subject of the application; or (iii) has other qualifications or experience approved by the Board under section 22A(1)(c) or (d); or

Agents Licensing Act 1979 15 (iv) by reason of the person's qualifications and experience, is competent to carry on business on the person's own account as a licensed agent; and (d) the person: (i) will, for the whole period of the licence, be insured under an approved indemnity insurance policy within the meaning of section 108A in relation to the person or the person's employer; or (ii) is exempt, or the person's employer is exempt, under a regulation from the requirement under section 108B to be insured under an approved indemnity insurance policy within the meaning of section 108A. (2) For subsection (1)(c)(iii), the Board may require a person's employer to certify, in the approved form, the person's experience.

22A Board may approve course, qualifications or experience (1) For section 22, the Board may approve the following: (a) a course of competency-based training for the class of licence; (b) qualifications for the class of licence; (c) other qualifications for the licence; (d) experience for the licence. (2) In deciding whether to approve a course of competency-based training under subsection (1)(a), the Board must consult with and consider the advice, if any, of: (a) the Chief Executive Officer of the Agency responsible for the administration of the Training and Skills Development Act 2016; and (b) an occupational association or body that represents the interests of the occupation to which the course relates. (3) The Board: (a) must approve a course of competency-based training if the Board is reasonably satisfied that an agent who satisfactorily completes the course will be competent to provide the services of an agent that are of the kind to which the course relates; and

Agents Licensing Act 1979 16 (b) must not refuse to approve a course of competency-based training on the ground that a person who satisfactorily completes the course may not have attained the standard of best practice in the relevant industry. (4) The Board must publish any approval made under subsection (1) in

23A Provisional licence on acquisition of business If a person (not being a company or a firm) acquires from a licensed agent a business the carrying on of which requires a licence under this Act, the person is eligible for the grant of a provisional licence if: (a) he or she satisfies the requirements of section 22(1)(a), (b) and (d); and (b) he or she: (i) undertakes in writing to obtain the qualifications referred to in section 22(1)(c)(i) or (ii) within the period specified by the Board; or (ii) satisfies the Board that he or she is, by reason of his or her experience, competent to carry on business on his or her own account as a licensed agent and undertakes in writing to obtain the qualifications referred to in section 22(1)(c)(iii) within the period specified by the

24 Persons licensed or registered as agents elsewhere (1) Notwithstanding section 22, a person, not being a company or firm, who is licensed or registered as an agent under a law of a State or another Territory of the Commonwealth providing for the licensing or registration of agents, is eligible for the grant of a licence of a like kind by the Board. (2) Where a licence is granted to a person by virtue of subsection (1), the licence shall be: (a) subject to the conditions as nearly as practicable the same as those to which the licence or registration granted under the law of the State or Territory is subject; and

Agents Licensing Act 1979 17 (b) revoked immediately upon the revocation or suspension of the licence or registration granted under the law of the State or Territory, except where the revocation or suspension under the law of the State or Territory is for the non-payment of a fee. (3) The revocation of a licence under subsection (2)(b) shall be deemed to be a revocation by the Board pursuant to section 69(1)(d).

25 Licence of company or firm A company or firm is eligible for the grant of a licence if the Board is satisfied that: (a) in the case of a company: (i) the company has the power to carry on business as an agent; and (ii) all of the directors of the company and all of the persons concerned in the management or control of the company are fit and proper persons within the meaning of section 20; and (b) each person who is proposed to be appointed by the company or firm as a business manager is a licensed agent; and (ba) if the application is for a real estate agent's licence, a business agent's licence or a conveyancing agent's licence: (i) the company or firm will, for the whole period of the licence, be insured under an approved indemnity insurance policy within the meaning of section 108A; or (ii) the company or firm is exempt under a regulation from the requirement under section 108B to be insured under an approved indemnity insurance policy within the meaning of section 108A; and (c) in the case of a firm, all of the persons by whom the firm is constituted and all of the persons concerned in the management or control of the firm are fit and proper persons within the meaning of section 20.

25A Restricted licence (1) Where it appears to the Board that an applicant for a licence is not qualified or not entitled to obtain a grant of a licence but the applicant, pursuant to section 5A, may be exempted from complying with the provisions of this Act that may disentitle or

Agents Licensing Act 1979 18 disqualify the applicant, the Board may, if it thinks it appropriate or expedient, exempt the applicant accordingly and authorise under section 29 the issue of a restricted licence. (2) A restricted licence under subsection (1) entitles the holder to perform only the functions of an agent specified in the licence, and may be subject to such conditions on performance as may be specified.

Division 3 Applications, objections and determination of applications for licences

26 Applications by persons other than companies or firms (1) An application for the grant of a licence by a person, not being a company or firm, must be: (a) in the approved form in which the person specifies a licence period of 1 year, 3 years or 5 years; and (ab) accompanied by the prescribed fee for the licence period (2) The Registrar may give a copy of the application to the Commissioner of Police.

27 Applications by companies or firms (1) An application by a company or firm for the grant of a licence must be: (a) in the approved form: (i) in which the applicant specifies a licence period of 1 year, 3 years or 5 years; and (ii) that is signed by one of the directors of the company or one of the persons by whom the firm is constituted (as applicable); and (iii) in which the applicant identifies each person who is proposed to be appointed as a business manager of the company or firm; and (ab) accompanied by the prescribed fee for the licence period

Agents Licensing Act 1979 19 (2) The Registrar may give a copy of the application to the Commissioner of Police.

28 Objections (1) The Commissioner of Police may, within 7 days after the date on which a copy of an application made under section 26 or 27 is given to the Commissioner, object by notice in writing lodged with the Registrar to the grant of the application. (2) The Registrar may, within 14 days after an application by a person, company or firm for a licence is lodged with the Registrar, object by notice in writing to the grant of the application. (3) Any person may, within 14 days after an application by a person, company or firm for a licence is lodged with the Registrar, object by notice in writing lodged with the Registrar to the grant of the application. (4) A notice of objection shall include particulars of the ground or grounds of objection. (5) Where a notice of objection is lodged with the Registrar in accordance with this section, the Registrar shall, as soon as is reasonably practicable, serve a copy of that notice on the applicant for a licence. (6) The Commissioner of Police or the Registrar may request the period of time mentioned in subsection (1) or (2) be extended. (7) The Board may grant the Commissioner of Police or the Registrar an extension of the period of time mentioned in subsection (1) or (2) on request.

29 Grant or refusal of licences (1) The Board must consider an application for the grant of a licence and: (a) must grant the application for the licence period it specifies and authorise the issue of the licence for that period; or (b) may, subject to this Division, refuse the application. (2) The Board may require any person to attend before the Board and to furnish to the Board, such documents and such information, either orally or in writing, as it requires.

Agents Licensing Act 1979 20 (2A) For deciding whether an applicant is eligible for the grant of a licence under section 22(1)(c)(iv), the Board may require an assessment of the applicant's competency based on the applicant's qualifications and experience by a registered training organisation as defined in the Training and Skills Development Act 2016. (2B) The applicant must pay for the cost of the assessment. (2C) Subsections (2) and (2A) apply regardless of whether an objection to the grant of the application is lodged. (3) The Board must not refuse an application for the grant of a licence unless: (a) any person refuses or otherwise fails to attend before the Board or to furnish the documents or information required by the Board in accordance with subsection (2); or (b) the applicant for the grant of a licence fails to establish that the applicant is eligible for the grant of the licence; or (c) the application does not comply with the requirements of section 26 or 27, as the case requires; or (d) in the case of an application by a person other than a company or firm, the applicant is a bankrupt, is a person who is, for the time being, taking the benefit of a law for the relief of bankrupt or insolvent debtors or is a person whose remuneration is, for the time being, assigned for the benefit of the applicant's creditors. (3A) Notwithstanding subsection (3), the Board must refuse an application for the grant of a licence if the Board is not satisfied that the applicant will, when licensed, be carrying on business as a licensed agent within the Territory. (4) Where the Board refuses to grant an application for the grant of a licence, the Board must: (a) record the reasons for its decision; and (b) serve on the applicant, within 7 days after so deciding, notice of its decision; and (c) if the applicant so requests, supply the applicant with a copy of the reasons recorded under paragraph (a).

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30 Board to hold inquiry before refusal (1) Where: (a) subject to subsection (2), a notice of objection is lodged in accordance with section 28; or (b) the Board considers that there may be grounds for refusing an application for the grant of a licence, the Board shall hold an inquiry before considering in accordance with section 29 whether to grant the application for a licence. (2) The Board may, without holding an inquiry, reject an objection made under section 28(3) if, in the opinion of the Board, the objection is of a frivolous, irrelevant or malicious nature.

31 Issue of licences (1) If the Board grants an application for a licence (including a provisional licence or restricted licence), the Registrar must issue the licence to the applicant. (2) A licence issued under subsection (1) must: (a) be in the approved form; and (b) specify the place or places at which its holder is licensed to carry on business; and (c) in the case of a restricted licence – set out the functions of an agent which its holder is entitled to perform and any conditions specified by the Board under section 25A(2); and (d) if the holder of the licence is a company or firm – specify the name of each business manager of the company or firm. (3) A company or firm that holds a licence may apply to the Board for approval to: (a) substitute a business manager specified in the licence with a different business manager; or (b) add a new business manager to the licence. (4) On an application under subsection (3), the Board may approve, or refuse to approve, the substitution or addition of a business manager for the company or firm. (6) If the Board gives approval under subsection (4), the Registrar must, on the surrender to the Registrar of the licence previously

Agents Licensing Act 1979 22 issued to the company or firm, issue a new licence to the company or firm specifying the name of the business manager or business managers, for the time being, of the company or firm. (7) A licence issued under subsection (6) takes effect from the date on which it is issued and continues in force for the period that the licence would have continued in force but for the substitution or addition effected under subsection (4). 31AA Notification of change of circumstance (1) A person who holds a licence must, within 14 days after a change in a circumstance relevant to the person's licensing, notify the Board of the change. (2) For subsection (1), a circumstance is relevant to the person's licensing if: (a) it is a circumstance mentioned in section 20(2) or (4) that, if it had occurred before the application for the licence had been made, would have resulted in the person being a disqualified person under section 20; or (b) in relation to a licence mentioned in section 22(1)(d) – the person is no longer insured or exempt as described in that provision. Note for section 31AA Regulation 22 of the Agents Licensing Regulations 1979 provides for other matters to be notified.

31A Special endorsement for conveyancing agents (1) The Registrar may, if authorised to do so by the Board, endorse a conveyancing agent's licence held by a person (not being a company or a firm) with a statement to the effect that the holder of the licence is permitted to provide one or more of the following services: (a) drawing, preparing and arranging the execution of leases; (b) drawing, preparing and arranging the execution of mortgages; (c) drawing, preparing and arranging the execution of encumbrances; (d) drawing, preparing and arranging the execution of restrictive covenants;

Agents Licensing Act 1979 23 (e) drawing, preparing and arranging the execution of contracts for the sale of businesses. (2) A person (not being a company or a firm) who applies for a conveyancing agent's licence or who is the holder of a conveyancing agent's licence may in writing request the Registrar to endorse the licence under subsection (1) in relation to a service specified in that subsection. (3) A person (not being a company or a firm) is entitled to have his or her conveyancing agent's licence endorsed under subsection (1) in relation to a service if the Board is satisfied that the person has completed a course of training approved under section 31B relating to the service. (4) If the Board is satisfied that an applicant for a conveyancing agent's licence or the holder of a conveyancing agent's licence who is seeking the renewal of the licence: (a) is entitled under subsection (3) to have his or her licence endorsed in relation to a service specified in subsection (1); or (b) is, by reason of his or her qualifications and experience, competent to provide a service specified in subsection (1), the Board must authorise the endorsement of the licence under subsection (1) with a statement to the effect that the holder of the licence is permitted to provide the service. (5) If the Board is satisfied that an applicant for a conveyancing agent's licence or the holder of a conveyancing agent's licence who is seeking the renewal of the licence: (a) is not entitled under subsection (3) to have his or her licence endorsed in relation to a service specified in subsection (1); or (b) is not competent to provide a service specified in subsection (1) because the applicant does not have sufficient experience in the provision of the service, the Registrar must endorse the licence with a statement to the effect that the holder of the licence is not permitted to provide the service.

31B Board may approve course of competency-based training (1) The Board may for the purposes of section 31A approve a course of competency-based training.

Agents Licensing Act 1979 24 (2) In deciding whether to approve a course of competency-based training, the Board must consult with and consider the advice, if any, of: (a) the Chief Executive Officer of the Agency responsible for the administration of the Training and Skills Development Act 2016; and (b) an occupational association or body that represents the interests of conveyancing agents. (3) The Board: (a) must approve a course of competency-based training if the Board is reasonably satisfied that an agent who satisfactorily completes the course will be competent to provide a service of a conveyancing agent specified in section 31A to which the course relates; and (b) must not refuse to approve a course of competency-based training on the ground that a person who satisfactorily completes the course may not have attained the standard of best practice in the relevant industry in relation to a service of a conveyancing agent specified in section 31A to which the course relates. (4) The Board must publish any approval made under subsection (1) in

32 Duration and renewal (1) A licence takes effect from the date on which it is granted and, subject to this Act, continues in force for the licence period it specifies. (2) An application for the renewal of a licence must: (a) be lodged with the Registrar; and (b) be in the approved form; and (c) specify a further licence period of 1 year, 3 years or 5 years; and (d) be accompanied by the prescribed fee for the licence period (e) be made within 3 months before the expiry date of the current licence.

Agents Licensing Act 1979 25 (3) Subject to this Act, if an application for renewal is lodged in accordance with subsection (2): (a) the Registrar must renew the licence; and (b) the current licence remains in force until the date that the applicant is notified of the outcome of the renewal application; and (c) the renewed licence is taken to have commenced on the date following the expiry date of the licence it renews. (3A) If the Registrar suspects that the holder of a licence who is seeking the renewal of the licence is not a fit and proper person within the meaning of section 20, the Registrar: (a) must request the Board in writing to hold an inquiry to consider whether the holder of the licence is not a fit and proper person within the meaning of section 20; and (b) must notify the holder of the licence of the request to the (c) must not renew the licence except with the approval of the (3B) The Board must hold an inquiry if it receives a request under subsection (3A). (3C) After holding an inquiry, the Board must: (a) approve the renewal of the licence; or (b) refuse to approve the renewal of the licence. (3D) If the Board refuses to approve the renewal of the licence, the Board must give the holder of the licence a written statement of the reasons for its decision. (5) Unless the Board otherwise determines: (a) a provisional licence does not continue in force for a period longer than the period fixed under section 23A(b) in relation to the holder of that provisional licence; and (b) the Registrar must not renew a provisional licence for a period that extends beyond the date on which that period fixed under section 23A(b) will expire.

Agents Licensing Act 1979 26

32B Licensed agent when not carrying on business (1) Where a licensed agent is not, or will not be, carrying on business within the Territory, the licensed agent is to give to the Registrar notice, in writing, of the period during which the licensed agent is not or will not be carrying on business. (1A) The notice mentioned in subsection (1) must be given to the Registrar no later than 14 days after the licensed agent ceases carrying on business within the Territory. (1B) To avoid doubt, if a licensed agent gives notice that the licensed agent will not be carrying on business within the Territory, the licensed agent is not required to give an additional notice under this section when the licensed agent ceases carrying on business as a licensed agent within the Territory. (2) Where the Registrar is notified under subsection (1) that a licensed agent is not or will not be carrying on business as a licensed agent within the Territory, the Board may suspend the licensed agent's licence until the licensed agent commences or re-commences carrying on business as a licensed agent within the Territory. (3) A licensed agent who is not or will not be carrying on business within the Territory must not fail to give notice under subsection (1).

32C Part does not apply to conveyancing agents This Part does not apply to or in relation to a licensed conveyancing

33 Agents' representatives to be registered (1) A person other than a licensed agent shall not act as, or carry out any of the functions of, an agent's representative unless he or she is a registered agent's representative and he or she acts or carries out those functions for and on behalf of a licensed agent.

Agents Licensing Act 1979 27 (2) A person other than a licensed agent shall not, unless he or she is a registered agent's representative, hold himself or herself out by any means as an agent's representative or as being in the employment of, or as acting for or on behalf of an agent as an agent's representative. (3) A registered agent's representative shall not hold himself or herself out by any means as being in the employment of, or as acting for or on behalf of an agent, unless that agent is his or her employer, principal or partner. Maximum penalty: 500 penalty units.

34 Directors, managers, &c., of licensed agent A person other than a licensed agent: (a) shall not, as a member, manager or employee of a firm that is a licensed agent; or (b) shall not, as a director, manager or employee of a company that is a licensed agent, act as or carry out any of the functions of an agent's representative unless he or she is a registered agent's representative. Maximum penalty: 500 penalty units.

35 Licensed agents not to employ unregistered representatives A licensed agent shall not engage as an agent's representative, or permit to carry out in the business of the agent any of the functions of an agent's representative, any person, other than a licensed agent, unless that other person is a registered agent's representative.

36 Prohibition of employment by 2 agents (1) A registered agent's representative shall not accept or undertake employment, or be or remain in the service of, or by any means hold himself or herself out as being in the service of, or act as, an agent's representative for or on behalf of, any person who is an agent at any time when he or she is employed by, or in the service of, any other person who is an agent.

Agents Licensing Act 1979 28 (2) A licensed agent shall not employ, or have in his or her service as an agent's representative, a person who is, to the knowledge of that licensed agent, at that time employed by, or in the service of, any other agent. (3) A licensed agent shall not, whether directly or indirectly, give any commission, reward or other valuable consideration to any other person, other than a licensed agent, for acting as, or performing any of the functions of, an agent's representative unless the other person is a registered agent's representative in the service of the licensed agent as an agent's representative.

37 Application for registration An application for the registration of a person as an agent's representative shall be: (a) in the approved form in which the person specifies a registration period of 1 year, 3 years or 5 years; and (ab) accompanied by the prescribed fee for the registration period

38 Furnishing of information The applicant shall furnish to the Board such documents and such information as the Board requires to enable it to consider the application.

39 Qualifications (1) Where an application is made in accordance with this Part, the applicant is entitled to be registered as an agent's representative where he or she proves to the satisfaction of the Board that: (a) he or she has attained the age of 18 years; and (b) he or she is a fit and proper person; and (c) he or she holds the educational qualifications approved by the

Agents Licensing Act 1979 29 (d) he or she will be employed by, or in the service of, a licensed agent as an agent's representative within the Territory. (2) The Board may waive the requirement in subsection (1)(c) if, in the opinion of the Board, the applicant: (a) holds educational qualifications that the Board considers to be equivalent to the educational qualifications approved by the (b) by reason of the applicant's experience, is competent to act as a registered agent's representative. (3) The experience referred to in subsection (2)(b) may have been gained before or after the commencement of this Act and either within or outside the Territory. (4) The Board must publish any approval made under subsection (1)(c) in any manner that makes it publicly available in the Territory as soon as practicable after making the approval.

41 Certificate of registration (1) Subject to this Part, on being satisfied that the applicant satisfies the requirements of section 39 and on receiving payment of the prescribed fee, the Board shall direct the Registrar: (a) to register the applicant as an agent's representative; and (b) to issue to the applicant a certificate of registration in the approved form. (2) Notwithstanding subsection (1), the Board must not register an applicant for registration as an agent's representative unless the Board is satisfied that the applicant will, when registered, be employed by, or within the service of, a licensed agent as an agent's representative within the Territory.

41A Restricted registration (1) Where it appears to the Board that an applicant for registration as an agent's representative is not entitled to be registered but the applicant, pursuant to section 5A, may be exempted from complying with the provisions of this Act that disentitle the applicant, the Board may, if it thinks it appropriate or expedient, exempt the applicant from the relevant provision, and direct the Registrar to issue under section 41, a certificate of restricted registration.

Agents Licensing Act 1979 30 (2) A certificate of restricted registration under subsection (1) entitles the holder to perform only those functions of an agent's representative specified in the certificate, subject to such conditions as may be so specified.

42 Objections (1) The Commissioner of Police may object by notice in writing lodged with the Registrar to the grant of an application for registration as an agent's representative. (2) The Registrar may object by notice in writing to the grant of an application for registration as an agent's representative. (3) Any person may object by notice in writing lodged with the Registrar to the grant of an application for registration as an agent's representative. (4) A notice of objection shall include particulars of the ground or grounds of objection. (5) Where a notice of objection is lodged with the Registrar in accordance with this section, the Registrar shall, as soon as is reasonably practicable, serve a copy of that notice on the applicant for registration as an agent's representative. (6) Where: (a) subject to subsection (7), a notice of objection is lodged in accordance with this section; or (b) the Board considers that there may be grounds for refusing an application for registration, the Board shall hold an inquiry. (7) The Board may, without holding an inquiry, reject an objection made under subsection (3) if, in the opinion of the Board, the objection is of a frivolous, irrelevant or malicious nature. (8) Where the Board has held an inquiry pursuant to subsection (6), the Board shall, after that hearing: (a) register the applicant as an agent's representative and issue to the applicant a certificate of registration in the approved form; or (b) refuse to register the applicant and direct the Registrar to forward notice of refusal together with a statement of reasons for refusal to the applicant.

Agents Licensing Act 1979 31

43 Surrender of certificate (1) Subject to the consent of the Board, a registered agent's representative may, at any time, surrender to the Board his or her certificate of registration. (2) Upon a surrender in accordance with subsection (1), the registration ceases to have effect.

43A Renewal of registration (1) A registered agent’s representative may apply to the Registrar to renew their registration as an agent’s representative. (2) An application for the renewal of a registration must: (a) be lodged with the Registrar; and (b) be in the approved form; and (c) specify a further registration period of 1 year, 3 years or 5 years; and (d) be accompanied by the prescribed fee for the registration period specified in the application; and (e) be made within 3 months before the expiry date of the current registration. (3) Subject to this Act, if an application for renewal is lodged in accordance with subsection (2): (a) the Registrar must renew the registration; and (b) the current registration remains in force until the date that the applicant is notified of the outcome of the renewal application; and (c) the renewed registration is taken to have commenced on the date following the expiry date of the registration it renews. (4) If the Registrar suspects that the holder of the registration who is seeking the renewal of the registration is not a fit and proper person within the meaning of section 20, the Registrar must: (a) request the Board, in writing, to hold an inquiry to consider whether the holder of the registration is not a fit and proper person within the meaning of section 20; and (b) notify the holder of the registration of the request to the

Agents Licensing Act 1979 32 (c) receive approval from the Board before renewing the registration. (5) The Board must hold an inquiry if it receives a request under subsection (4). (6) After holding an inquiry, the Board must: (a) approve the renewal of the registration; or (b) refuse to approve the renewal of the registration. (7) If the Board refuses to approve the renewal of the registration, the Board must give the holder of the registration a written statement of the reasons for its decision.

44 Disciplinary action (1) The Board may take disciplinary action against an agent's representative on one or more of the following grounds: (a) the registration of the agent's representative was improperly obtained; (b) the agent's representative has been found guilty of an offence against this Act; (c) the agent's representative has been found guilty of an offence against any other law that involves dishonesty, whether the finding of guilt took place before or after the commencement of this Act or within or outside the Territory; (d) the agent's representative has acted in a manner that, had the agent's representative been a licensed agent, would have been in breach of the rules of conduct; (e) any other reasonable ground which, in the opinion of the Board, is sufficient to warrant the taking of disciplinary action against the agent's representative. (2) The Commissioner of Police may apply, by notice in writing lodged with the Registrar, for disciplinary action to be taken against an agent's representative on one or more of the grounds referred to in (3) The Registrar may apply, by notice in writing, for disciplinary action to be taken against an agent's representative on one or more of the grounds referred to in subsection (1).

Agents Licensing Act 1979 33 (4) Any other person may apply, by notice in writing lodged with the Registrar, for disciplinary action to be taken against an agent's representative on one or more of the grounds referred to in (5) Subject to subsection (6), where: (a) an application for disciplinary action is made under this section; or (b) the Board considers that there may be grounds under subsection (1) for the taking of disciplinary action against an agent's representative, the Board must hold an inquiry. (6) The Board may, without holding an inquiry, reject an application made under subsection (4) if: (a) in the opinion of the Board, the application is of a frivolous, irrelevant or malicious nature; or (b) the Board is satisfied that there are no grounds for holding, or insufficient evidence to hold, an inquiry. (7) Where an application for disciplinary action is made under this section, the Registrar must, as soon as is reasonably practicable, serve a copy of the application on the agent's representative in respect of whom the application was made.

44A Board may suspend registration pending inquiry (1) Where the Board is to hold an inquiry under section 44(5), it may suspend the registration of the agent's representative to whom the inquiry relates until the conclusion of the inquiry. (2) Where the Board suspends the registration of an agent's representative under subsection (1), the Registrar must, by written notice, inform the agent's representative of the suspension.

44B Powers of Board after inquiry (1) If, at the conclusion of an inquiry under section 44(5), the Board is satisfied that it is authorised to take disciplinary action against an agent's representative, the Board may: (a) reprimand or caution the agent's representative; or (b) by written notice, impose a fine not exceeding 5 penalty units on the agent's representative; or

Agents Licensing Act 1979 34 (c) by written notice, suspend the registration of the agent's representative until the expiration of the period, or the fulfilment of a condition, specified in the notice; or (d) by written notice, cancel the registration of the agent's representative and, if the Board thinks fit, specify a period that is to expire or impose a condition that is to be fulfilled before the person is eligible to apply for registration as an agent's representative again. (2) A suspension or cancellation of registration under subsection (1) takes effect on: (a) if the Board specifies in the notice the date on which the suspension or cancellation takes effect – that date; or (b) in any other case – the date on which the agent's representative receives the notice of suspension or cancellation. (3) The Registrar must note in the register, in association with other entries made in respect of the agent's representative the subject of an inquiry under section 44(5), the fact of the holding of the inquiry and the outcome of the inquiry. (4) If, under subsection (1)(c) or (d), the Board: (a) specifies a period; or (b) imposes a condition, in relation to the suspension or cancellation of the registration of an agent's representative, the agent's representative may not be engaged as an agent's representative, or the person is not eligible to apply for registration as an agent's representative, until the period has expired or the condition has been fulfilled to the satisfaction of the Board, as the case may be. (5) If the Board cancels the registration of an agent's representative under subsection (1)(d) without specifying a period or imposing a condition, the person whose former registration as an agent's representative has been cancelled is not eligible to apply for registration as an agent's representative without the approval of the (6) The Board must give a written statement of the reasons for its decision on the inquiry to: (a) the agent's representative; and

Agents Licensing Act 1979 35 (b) if the inquiry was held by the Board because of an application made under section 44(2), (3) or (4) – the person who made the application.

44C Cancellation if become licensed as agent Where the Registrar issues a licence under section 31 to a person who is an agent's representative, the person's registration as an agent's representative is, on the issue of the licence, cancelled by force of this section.

45 Employer to be notified of suspension or cancellation of agent's registration Where the Board cancels, under section 44, the registration of an agent's representative, the Registrar shall accordingly in writing inform the licensed agent who employs that agent's representative.

46 Unemployed representative While a registered agent's representative is not in the employ of a licensed agent, his or her registration shall be deemed to be suspended and to have no effect.

47 Notice of employment Not later than 14 days after the commencement of or termination of the employment of a registered agent's representative by a licensed agent, the agent's representative and the agent shall each give the Registrar notice in writing of that commencement or termination.

48 Registrar may direct surrender (1) Where the Registrar is notified under section 47 of the termination of the employment of an agent's representative, the Registrar may direct the agent's representative to surrender to the Board the agent's representative's certificate of registration.

Agents Licensing Act 1979 36 (2) An agent's representative shall not fail to comply with a direction under subsection (1) within 14 days after the date on which the direction is given. Part V Trust moneys, trust accounts and agents' records

49 Trust moneys All moneys received by a licensed agent in the agent's capacity as an agent and in the course of the business that the agent is licensed to carry on and all moneys received by a licensed agent as a stakeholder shall, for all purposes, be held in trust by the agent.

50 Opening of account (1) A licensed agent must, within 7 days after the licence is granted to the agent, open an account at an ADI in the Territory under a title that includes: (a) the name of the agent or, if the agent carries on the business under a business name registered under the Business Names Registration Act 2011 (Cth), the name under which the agent carries on the business; and (b) the words "Trust Account"; and (c) if it is an account that holds only security deposits, as defined in section 63 of the Business Tenancies (Fair Dealings) Act 2003 or section 4 of the Residential Tenancies Act 1999, and interest on such deposits – the additional words "Security Deposits". (2) A licensed agent must maintain an account opened in accordance with subsection (1). (3) Subsections (1) and (2) do not prevent a licensed agent from opening and maintaining 2 or more trust accounts at an ADI or ADIs under titles that include the matters mentioned in subsection (1)(a) and (b).

Agents Licensing Act 1979 37 (5) If an ADI holds an account of a class for this section it must, on a day or the days agreed with the Fund, pay to the Fund any interest accrued in respect of the account. (6) Subsections (5) and (7) do not apply to or in relation to an account indicated in accordance with subsection (1)(c) as a security deposit account. (7) In this section: account means an account of a particular class or classes (being an account that carries interest at a rate considered satisfactory by the Fund) that has been agreed between the Fund and an ADI to be a class of account approved for this section.

51 Notification of account A licensed agent must, within 7 days after the agent opens an account under section 50, notify the Registrar in writing of: (a) the name and address of the ADI at which the trust account is maintained; and (b) the title of the account.

52 Operation of trust account (1) When a licensed agent receives trust moneys, he or she shall pay those moneys into a trust account maintained by him or her. (2) A payment under subsection (1) shall be made as soon as is reasonably practicable after the licensed agent receives the trust moneys. (3) A licensed agent shall not pay money out of a trust account maintained by him or her except by means of a cheque made payable to a specified person, being a cheque that is crossed and marked "not negotiable". (4) A licensed agent shall not withdraw money from a trust account maintained by him or her except for the purpose of: (a) payment of his or her commission under contract; or (b) payment to, or disbursement according to the directions in writing of, the person for whom, or on whose behalf, the money was received; or

Agents Licensing Act 1979 38 (c) repaying a debt lawfully required to be repaid from trust moneys.

53 Protection of trust moneys (1) Subject to subsection (2), moneys standing to the credit of a trust account maintained by a licensed agent are not: (a) available for the payment of debts of the licensed agent; or (b) liable to be attached or taken in execution for the purpose of satisfying a judgment against the agent. (2) Nothing in subsection (1) prevents trust moneys held in trust for the person for whom, or on whose behalf, the moneys were received from being available for the discharge of the liability of the licensed agent to that person.

54 Provisions relating to ADI accounts (1) If a trust account is maintained at an ADI, the ADI is not under an obligation to control or supervise transactions in relation to the trust account or to verify the application by the agent of moneys drawn out of the account. (2) Subsection (1) does not authorise an ADI to pay money out of a trust account except by the means mentioned in section 52(3). (3) With respect to any liability of the agent to the ADI at which the agent maintains a trust account, the ADI does not have and will not have and will not obtain, a recourse or right, whether by way of settlement, counter-claim, charge or otherwise, against moneys standing to the credit of the trust account. (4) This section does not relieve an ADI from a liability or obligation to which it is subject apart from this Act.

55 Accounting records (1) A licensed agent shall keep such accounting records as disclose particulars of: (a) all trust moneys received from day to day by the agent on behalf of each client for whom he or she acts; and (b) all payments made by the agent from day to day out of the trust moneys so received.

Agents Licensing Act 1979 39 (2) A licensed agent shall: (a) keep the accounting records referred to in subsection (1): (i) in written or printed form in the English language; or (ii) so as to enable them to be readily accessible and readily convertible into written or printed form in the English language; and (b) cause those records to be kept in such a manner that they can be conveniently and properly audited; and (c) retain those records for a period of not less than 6 years after the date on which the last entry in those records was made. 12 months.

56 Receipt for trust moneys (1) A licensed agent shall give to a person from whom the agent receives trust moneys a receipt clearly marked with the words "Trust Account" and adequately specifying the subject-matter or purpose in respect of which the money was received. (2) A licensed agent shall keep a legible carbon duplicate of a receipt given in accordance with subsection (1). (3) A receipt relating to trust moneys shall be taken from a book that bears a number or mark identifying the book and contains not less than 50 receipt forms so arranged that a carbon duplicate of each receipt remains in the book. (4) A receipt and the carbon duplicate shall bear the same number or mark, being such number or mark as enables the receipt to be identified by reference to that number or mark. (5) Subsections (2), (3) and (4) do not apply in relation to a licensed agent who, in accordance with an authority given by the Board for the purpose of this subsection, issues receipts in a manner specified in the authority.

Agents Licensing Act 1979 40

57 Business moneys other than trust moneys (1) Subject to subsection (2), a licensed agent shall keep such accounting records as disclose particulars of: (a) all moneys, other than trust moneys, received by the agent in the course of the agent's business as a licensed agent; and (b) all payments out of those moneys made by the agent. (2) Subsection (1) does not apply to a licensed agent that: (a) is a company carrying on business as an agent within and outside the Territory; and (b) keeps accounting records, which include accounting records of a description referred to in subsection (1), in accordance with the requirements of the law of a State or another Territory of the Commonwealth that most closely corresponds to this Act and that relates to the keeping and audit of accounting records of companies.

58 Prescribed period In this Division, prescribed period means: (a) the period of 12 months ending on 30 June in each year; or (b) the period of 12 months ending on such other date as the licensed agent specifies, by notice in writing lodged with the Registrar, to be the date in each year for the purpose of this Part.

59 Audit (1) A licensed agent shall ensure that the agent's accounting records relating to trust moneys received and paid by the agent during the prescribed period are audited within 3 months after the expiration of each prescribed period.

Agents Licensing Act 1979 41 (1A) It is a defence to a prosecution for an offence against subsection (1) if the licensed agent charged with the offence proves that: (a) the licensed agent engaged an auditor to carry out the audit at a time when the auditor would reasonably be expected to complete the audit within the period specified in that subsection, but the auditor had failed to do so; and (b) a written statement was forwarded to the Registrar by the auditor or the licensed agent before the expiration of the period specified in that subsection setting out the reasons for the auditor's failure to complete the audit and specifying the period within which the audit will be completed. (2) A licensed agent shall produce to the auditor at an audit the auditor's report in respect of the last preceding audit. Maximum penalty: 20 penalty units or imprisonment for 3 months.

60 Qualifications of auditor (1) A licensed agent shall not engage as the agent's auditor, or permit the audit of the agent's accounting records relating to trust moneys to be made by, a person who: (a) is not a registered company auditor; or (b) is an employee of, or is a partner of, or is a relation of, the licensed agent; or (c) is an employee of any other licensed agent; or (d) is engaged in keeping and entering those records or has those records in the agent's custody or control; or (e) is himself or herself a licensed agent; or (f) is a director, officer or employee of a company that is a licensed agent; or (g) is a person by whom a firm is constituted that is a licensed agent; or

Agents Licensing Act 1979 42 (h) is an employee of, or is a partner of, or is a relation of, a business manager of a company or firm that is a licensed (2) For the purposes of this section, relation means: (a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of that person or of a spouse or de facto partner of the person; or (b) a spouse or de facto partner of that person or of any other person specified in paragraph (a).

61 Furnishing of documents, information, &c. Where an auditor requires a licensed agent for the purpose of an audit of the agent's accounting records relating to trust moneys, the licensed agent shall: (a) produce to the auditor all receipt and other books, accounts, securities and other documents and papers in the agent's possession relating in any way to trust moneys received or paid by the agent or relating to the transactions in respect of which such moneys were received or paid during the prescribed period to which the audit relates; and (b) furnish to the auditor such information and answer such questions relating to those receipt and other books, accounts, securities and other documents and papers and in relation to transactions by the agent in the course of the agent's business as a licensed agent, as the auditor requires. 50 penalty units or imprisonment for 250 penalty units.

62 Auditor's report (1) As soon as is reasonably practicable after the completion of an audit pursuant to section 59, the auditor shall: (a) prepare a report of the result of the audit; and

Agents Licensing Act 1979 43 (b) deliver the report to the licensed agent and a copy of the report to the Board. (2) An auditor shall state in his or her report: (a) whether, in the auditor's opinion, the licensed agent had kept the accounting records relating to all trust moneys received and paid by the agent in accordance with this Act; and (b) whether those records were ready, within a reasonable time, for the auditor's examination after the auditor had required their production; and (c) whether the agent had complied with the auditor's other requirements and so complied within a reasonable time; and (d) anything in relation to those records of which the agent or the Board should, in the opinion of the auditor, be informed.

63 Special report Where, in the course of an audit, an auditor considers: (a) that the accounting records relating to trust moneys have been so kept that he or she has not been able to audit them properly; or (b) that there is a loss or deficiency of trust moneys or a failure to pay or account for trust moneys; or (c) that there has been a failure to comply with a provision of this Part, the auditor shall forthwith report accordingly, in writing, to the agent and, at the same time, forward a copy of the report to the Board.

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64 Inspectors (1) An inspector may, at any reasonable time, do any of the following: (a) inspect all receipts, books, accounts, securities and any other documents and papers relating to the operation of the business of the licensed agent, including trust moneys received or paid by the licensed agent; (aa) inspect all documents or certificates relating to indemnity insurance referred to in Part XIIA of a licensed agent or former licensed agent; (b) inspect all accounting records of a description referred to in section 57 kept by a licensed agent; (c) for the purposes of paragraph (a), (aa) or (b), require a licensed agent or any other person in whose custody or control those receipts or other books, accounts, securities, documents, papers or accounting records, or those documents or certificates relating to indemnity insurance referred to in Part XIIA, are, to produce and to hand over to the inspector those receipts or other books, accounts, securities, documents, papers or accounting records or those documents or certificates relating to indemnity insurance referred to in Part XIIA; (d) require an explanation of a document or paper referred to in paragraph (c). (2) A person to whom a requirement under subsection (1) is made, shall not refuse or fail to comply with that requirement. (3) An inspector may make notes, copies of extracts from or copies of, any books, accounts, securities, documents, papers or accounting records or a document or certificate relating to indemnity insurance referred to in subsection (1).

Agents Licensing Act 1979 45 (4) For the purposes of subsection (3), an inspector may retain, for the period that the inspector considers necessary, any book, account, security, document, paper or accounting record or a document or certificate relating to indemnity insurance referred to in

64A Rules of conduct for agents (1) Regulations may prescribe rules of conduct for real estate agents, business agents and conveyancing agents. (2) For the purpose of consultation on proposed rules of conduct for agents, the Minister may: (a) arrange for consultation with, and invite submissions from, the Board, the Real Estate Institute of the Northern Territory and the prescribed persons and organisations, if any, about the proposed rules; and (b) give notice in a newspaper circulating in the Territory that rules of conduct for real estate agents, business agents or conveyancing agents, as the case may be, are proposed and that members of the public are invited to make written submissions to the Minister about the proposed rules.

65 Rules of conduct (1) A licensed agent must not breach the rules of conduct. (2) A licensed agent who attempts to do an act the doing of which would be a breach of the rules of conduct for agents, or agents of a class of which he is one, is guilty of a breach of the rules of conduct for agents. (3) Where a licensed agent who carries on business as a member of a firm contravenes or fails to comply with a provision of Part V, each licensed agent who is a member of the firm shall be deemed to be guilty of the contravention of, or failure to comply with, that provision. (4) A company or firm is guilty of a breach of the rules of conduct for agents if: (a) the company or firm is a licensed agent acting on behalf of a client; and (b) a director or employee of the company or firm does an act, or fails to do an act, or attempts to do an act, the doing of, or the

Part VIA Agreements between licensed agents and clients Agents Licensing Act 1979 46 failure to do, which would, if the director or employee were a licensed agent, make the director or employee guilty of a breach of the rules of conduct for agents. Part VIA Agreements between licensed agents and clients

65A Prescription of terms, &c., of agreement (1) Subject to section 65B, the Minister must, by notice in the Gazette, prescribe: (a) the terms, conditions and provisions of an agreement between a licensed agent and a client or a class of client that the Minister considers necessary to be included in the agreement for the purpose of protecting the interests of the client or class of client; and (b) the circumstances when a licensed agent must enter into an agreement with a client or a class of client. (2) In addition to prescribing the matters under subsection (1), the Minister may, by notice in the Gazette, prescribe the form of an agreement which a licensed agent may choose to use when entering into an agreement with a client or a class of client.

65B Consultation regarding agreements (1) For the purpose of prescribing the matters under section 65A(1), the Minister must direct the Registrar to: (a) arrange for consultation with, and invite submissions from, the Board and the prescribed persons and organisations, if any; and (b) give notice in a newspaper circulating in the Territory inviting written submissions from members of the public, with respect to those matters. (2) The Registrar: (a) must report in writing to the Minister on the outcome of each consultation under subsection (1); and (b) must provide the Minister with a copy of each submission received under that subsection, if any; and

Part VIA Agreements between licensed agents and clients Agents Licensing Act 1979 47 (c) may make recommendations to the Minister in respect of the consultations, submissions and the matters to be prescribed under section 65A(1). (3) In prescribing the matters referred to in section 65A(1) the Minister is to consider and take into account: (a) the outcome of each consultation under subsection (1); and (b) the submissions received under that subsection, if any; and (c) the recommendations made by the Registrar, if any; and (d) any other matter he or she thinks relevant.

65C Form of agreement An agreement between a licensed agent and a client that is entered into after the commencement of the Agents Licensing Amendment Act 1997 is to be: (a) in writing; and (b) if the agreement is entered into in prescribed circumstances – read as incorporating and being subject to the terms, conditions and provisions prescribed under section 65A(1).

65D Application of prescribed terms, &c. In the event of an inconsistency between a term, condition or provision of an agreement referred to in section 65C(b) and a term, condition or provision prescribed under section 65A(1), the prescribed term, condition or provision prevails, and the first- mentioned term, condition or provision is void and of no effect to the extent of the inconsistency.

65E Special provisions relating to conveyancing agents (1) A conveyancing agent is not entitled to receive remuneration in respect of services provided in that capacity unless a valid appointment to act in that capacity has been signed, before the services are provided, by: (a) the party to the transaction for whom the services are to be provided; or (b) some other person: (i) who is lawfully authorised to sign on behalf of the person for whom the services are to be provided; and

Agents Licensing Act 1979 48 (ii) who is not a real estate agent or other commission agent or an employee or agent of a real estate agent or other commission agent who is acting for a party in the transaction. (2) A person may recover remuneration for services provided as a conveyancing agent although there is no valid appointment as required by subsection (1) if: (a) the party to the transaction for whom the services were provided has certified that the party was aware of the provisions of subsection (1) and has ratified in writing the appointment of the conveyancing agent; or (b) a court before which the claim for remuneration is heard is satisfied that in all the circumstances it would be unjust to deprive the agent of all or a part of the remuneration. (3) If an appointment of a conveyancing agent is terminated before the transaction is completed, the agent is entitled to recover the proportion of the quoted remuneration that is reasonable in the circumstances. (4) A person for whom a conveyancing agent is acting may request the agent to supply to him or her a bona fide quote of the cost of the services of the agent in respect of the particular transaction to which the request relates. (5) A conveyancing agent must, within 14 days after a request is made under subsection (4) by a person, supply to the person the information requested under that section. (6) A conveyancing agent is not entitled to claim a possessory or other lien over documents for the agent's fees or otherwise.

66 Surrender (1) A licensed agent may, by notice in writing delivered to the Registrar, apply to the Board for permission to surrender the licence of the agent commencing on a date that is a date not earlier than one month after the date on which the notice is delivered to the Registrar.

Agents Licensing Act 1979 49 (2) The Board is not required to grant permission to a licensed agent to surrender the licence of the agent where: (a) the Board has, before the date of delivery by a licensed agent of a notice under subsection (1), resolved or resolves, within the period of one month referred to in that subsection, to hold an inquiry under section 68(1); or (b) the Registrar has, before the date of delivery by a licensed agent of a notice under subsection (1), delivered or delivers, within the period of one month referred to in that subsection, a statement under section 68(2). (3) Where the Board holds an inquiry pursuant to section 68 and does not revoke the licence of a licensed agent, the Board may, after that inquiry, grant permission to the licensed agent to surrender the agent's licence.

67 Grounds for disciplinary action (1) Subject to this Part, the Board may take disciplinary action in accordance with this Part against a licensed agent on one or more of the following grounds: (a) the licence was obtained by means of misrepresentation, a false or misleading statement; (b) in the case of a licensed agent not being a company or firm, the agent has been found guilty of an offence that involves dishonesty, whether the finding of guilt took place before or after the commencement of this Act and either within or outside the Territory; (c) the licensed agent has been guilty of a breach of the rules of conduct for agents; (d) the licensed agent has contravened or failed to comply with a direction of the Board under section 69(3); (e) a licence under a law of a State or Territory providing for the licensing of real estate agents or of business agents or of conveyancing agents (by whatever name called) granted to the licensed agent has, under that law, been cancelled or revoked or a renewal of such licence has been refused; (f) subject to section 111, in the case of a licensed agent being a company or firm, the company or firm has carried on business as a licensed agent for a period during which a business manager of the company or firm was not a licensed real estate agent, business agent or conveyancing agent as the case

Agents Licensing Act 1979 50 requires; (g) the licensed agent has contravened or failed to comply with a provision of Part XII with respect to licensed agents; (h) the licensed agent has not paid within the prescribed time the prescribed annual fee payable by the agent; (j) the licensed agent has ceased to carry on business in the Territory as a licensed agent or has failed to maintain an office in Australia; (ja) the licensed agent has failed to take out or to maintain indemnity insurance referred to in Part XIIA as required by or under this Act; (k) the licensed agent does not meet the conditions of eligibility, specified in Division 2 of Part III, which relate to the licence of the licensed agent, other than such conditions which the Board has, under this Act, waived; (m) any other reasonable ground which, in the opinion of the Board, is sufficient to warrant revocation of the licence of the (2) For the purposes of this Part, the revocation by the Board of a licence is deemed to include a direction by the Board to the Registrar not to renew a licence.

68 Applications for disciplinary action (1) The Commissioner of Police may apply, by notice in writing lodged with the Registrar, for disciplinary action to be taken against a licensed agent on one or more of the grounds referred to in section 67. (2) The Registrar may apply, by notice in writing, for disciplinary action to be taken against a licensed agent on one or more of the grounds referred to in section 67. (3) Any person may apply, by notice in writing lodged with the Registrar, for disciplinary action to be taken against a licensed agent on one or more of the grounds referred to in section 67. (4) Where: (a) subject to subsection (5), an application for disciplinary action to be taken against a licensed agent is lodged in accordance with this section; or

Agents Licensing Act 1979 51 (b) the Board considers that there may be grounds under section 67 for disciplinary action to be taken against a licensed agent, the Board shall hold an inquiry. (5) The Board may, without holding an inquiry, reject an application for disciplinary action to be taken against a licensed agent where: (a) the application was made under subsection (3) and is, in the opinion of the Board, of a frivolous, irrelevant or malicious nature; or (b) the application was made (by virtue of section 67(1)(c)) in respect of a breach of section 59(1) and the Board is satisfied that the licensed agent has, or would have, a defence to a prosecution for an offence against that subsection; or (c) the Board is satisfied that there are no grounds for holding, or there is insufficient evidence to hold, an inquiry; or (d) the conduct referred to in the application occurred more than 2 years before the date the application is made. (5A) Despite subsection (5)(d), the Board may hold the inquiry if the Board is satisfied there are grounds to hold the inquiry. (6) Where a notice of application for disciplinary action to be taken against a licensed agent is lodged with the Registrar in accordance with this section, the Registrar shall, as soon as is reasonably practicable, serve a copy of that notice on the licensed agent in respect of whom the application is made.

68A Board may suspend licence pending inquiry (1) Subject to this section, where the Board is to hold an inquiry referred to in section 68(4), it may, as it thinks fit, suspend the licence of the licensed agent to which the inquiry relates until the conclusion of that inquiry. (2) Where, under subsection (1), the Board suspends the licence of a licensed agent, the Registrar shall accordingly, by notice, inform the licensed agent and where the agent is: (a) an employee or director of a company which is a licensed agent – the company; or (b) an employee of a firm which is a licensed agent or a person by whom such a firm is constituted – the firm.

Agents Licensing Act 1979 52 (3) A suspension under subsection (1) does not take effect until the day immediately after the date on which the notice, under subsection (2), is given to the licensed agents.

69 Powers of Board after inquiry (1) If, at the conclusion of an inquiry conducted under section 68(4), the Board is satisfied that it is authorised to take disciplinary action against a licensed agent, the Board may do one or more of the following: (a) reprimand or caution the agent; (b) by written notice, impose a fine not exceeding 50 penalty units on the agent; (c) by written notice, suspend the licence of the agent until the expiration of the period, or the fulfilment of a condition, specified in the notice; (d) by written notice, revoke the licence of the agent. (1A) The Board must, for the purposes of taking action of a kind specified in subsection (1)(a), (b), (c) or (d), take into account a period of suspension, if any, imposed under section 68A(1) on the licensed agent in respect of whom it proposes to take that action. (2) If the Board decides to take action of a kind specified in subsection (1)(a), (b), (c) or (d), the Registrar must accordingly in writing inform: (a) in the case of a licensed agent or former licensed agent, as the case may be, who is an employee of, or a director of, a company which is a licensed agent – that company; or (b) in the case of a licensed agent or former licensed agent, as the case may be, who is an employee of a firm which is a licensed agent or a person by whom such a firm is constituted – that firm, as the case requires. (3) If the Board decides to take action of a kind specified in subsection (1)(a), (b) or (c), the Board may, by written notice, direct the licensed agent to take, or to refrain from taking, a specified action within such time as the Board specifies in the notice. (4) The Board may, if it thinks fit, either before or after the expiration of a period fixed under subsection (1)(c) or (3), extend that period.

Agents Licensing Act 1979 53 (5) If the Board revokes a licence under subsection (1)(d), the Board may, in the notice referred to in that subsection, specify a period that must elapse or impose a condition that must be fulfilled before the person formerly licensed may apply again for a licence. (6) If a period is specified or a condition imposed under subsection (5), the person formerly licensed is not eligible to apply for a licence until the expiration of that period or the fulfilment of that condition to the satisfaction of the Board, as the case may be. (7) If the Board revokes a licence under subsection (1)(d) and does not specify a period that must elapse or impose a condition that must be fulfilled under subsection (5), the person formerly licensed is not, without the approval of the Board, eligible to apply for a licence. (8) The Board must give a written statement of the reasons for its decision on the inquiry to: (a) the licensed agent; and (b) if the inquiry was held by the Board because of an application made under section 68(1), (2) or (3) – the person who made the application.

69A Profits to be repaid (1) Where the Board has, at the conclusion of an inquiry, taken action under section 69(1), and is satisfied that the licensed agent or person mentioned in section 65(4)(b) has by means of his or her breach of the rules of conduct made a profit which the agent or person would not, but for his or her breach of those rules, have made, the Board may require the agent or person to pay over to the person at whose expense, or in relation to whose affairs, the profit has been made, the amount of that profit or such amount of money as, in the opinion of the Board, is equivalent to that profit. (2) An amount ordered by the Board to be paid to a person under subsection (1) may be sued for and recovered at the suit of the

70 Effect of suspension or revocation (1) A licence that is suspended under section 69(1)(c) or revoked under section 69(1)(d) ceases to have effect on and from: (a) the day on which the licence is suspended or revoked, as the case may be; or (b) such other date as the Board may specify in the notice referred to in section 69(1)(c) or (d), as the case may be.

Agents Licensing Act 1979 54 (2) A licence that is suspended under section 69(1)(c) shall, unless the Board otherwise determines, have no effect until the expiration of the period specified in the notice referred to in that subsection. (3) Where a licence is suspended under section 69(1)(c) or revoked under section 69(1)(d), the Registrar shall note in the register: (a) the fact of suspension and the period specified in the notice referred to in section 69(1)(c); or (b) the fact of revocation and the period, if any, specified in the notice referred to in section 69(1)(d) that is to elapse or any condition that is to be fulfilled, before the person formerly licensed may apply for a licence, as the case requires.

71 Appointment (1) The Board may apply to the Supreme Court to appoint a registered company auditor to be receiver of the trust moneys of a licensed agent in the following circumstances: (a) where the Board is required to hold an inquiry under section 68(4); (b) where an agent has, through physical or mental illness, become incapable of carrying on business as an agent; (c) on the death of an agent; (d) or any other ground that the Board thinks fit, and the Supreme Court may appoint the registered company auditor accordingly. (2) The Board may apply to the Supreme Court for the appointment of a registered company auditor as the receiver of moneys received by a person who, although not licensed under this Act, appears to the Board to be carrying on business as a real estate agent, business agent or conveyancing agent, and the Supreme Court may, if satisfied that the person is holding moneys in that capacity, appoint the registered company auditor accordingly.

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72 Responsibility (1) A receiver appointed under this Part: (a) is responsible to the Supreme Court for his or her acts and for the performance of transactions entered into by the receiver; and (b) shall report to the Board as often as required by the Supreme Court. (2) The Supreme Court may replace a receiver appointed under this Part with another registered company auditor to be receiver of the trust moneys of the agent.

73 Notice to ADI (1) A receiver appointed under this Part may: (a) in writing, give to the manager or other officer in charge of the branch of the ADI at which the agent maintains or has maintained the agent's trust account, notice of the appointment of the receiver; and (b) by the same or a subsequent instruction in writing, withdraw the authority, or purported authority, of the agent, and of any other persons authorised, or purported to be authorised, by the agent, to sign cheques or other authorities for the payment of moneys out of the trust account. (2) If, by a notice given under subsection (1), the receiver has withdrawn the authority, or purported authority, of the agent, and of any other persons authorised, or purported to be authorised, by the agent, to sign cheques or other authorities for the payment of moneys out of the trust account: (a) the branch of the ADI must not, except with the approval of the receiver, pay any moneys out of the trust account on cheques or other authorities signed by the agent or any other person authorised, or purported to be authorised, by the agent; and (b) only the receiver and a person authorised by the receiver by written notice delivered to the branch of the ADI are authorised to sign cheques or other authorities for the payment of moneys out of the account. (3) A purported payment of moneys out of an account in contravention of subsection (2) is of no effect.

Agents Licensing Act 1979 56 (4) The receiver must cause a copy of an instrument given under this section to be served on the agent either: (a) personally; or (b) by leaving it at the last-known place of residence of the agent.

73A Access to books, &c. For the purposes of this Act, a receiver appointed under section 71: (a) shall have full and free access at all reasonable times to all books, documents and other papers kept by or on behalf of an agent; and (b) may, for those purposes, take extracts from, and make copies of, any books, documents or papers kept by or on behalf of an

74 Powers of receiver (1) A receiver appointed under this Part may do all things and shall perform all functions that a licensed agent is permitted to do, or required to perform, by this Act. (2) An agent shall not be personally liable for any default of the receiver appointed for the agent unless the agent is a party to the default.

75 Remuneration (1) A receiver appointed under this Part: (a) shall be paid such fees and allowances and at such rates as the Supreme Court may determine; and (b) is entitled to reimbursement of the expenses necessarily incurred by him or her in carrying out the receivership. (1A) The Board may pay to the receiver from the moneys of the Fund the fees and allowances and expenses referred to in subsection (1). (2) The receiver or, if it has exercised its powers under subsection (1A), the Board may recover from the agent for whom the receiver is appointed or (not being a company or firm) if dead, his or her estate: (a) an amount of fees and allowances paid or payable to the receiver; and

Agents Licensing Act 1979 57 (b) the amount of the reimbursement of expenses paid or payable to the receiver.

76 Interpretation In this Part, unless the contrary intention appears: agent includes a person referred to in section 71(2). trust account includes an account into which moneys referred to in section 71(2) have been paid. trust moneys include moneys referred to in section 71(2).

77 Inquiries (1) Where, by this Act, the Board may or is required to hold an inquiry, the Chairperson shall fix a time and place for the holding of the inquiry. (2) The Chairperson shall cause notice of the matter to be inquired into and of the time and place fixed for the holding of the inquiry to be given to the parties not less than 7 days before the date fixed for the hearing. (3) The Board may adjourn the holding of an inquiry from time to time and from place to place. (5) At an inquiry the Board may require a person appearing before it to give evidence on oath. (6) Subject to this Act, the procedure at an inquiry is at the discretion of the Board. (7) A party may be represented by a legal practitioner, or by another person, who may examine witnesses and address the Board on behalf of the person for whom he or she appears. (8) At an inquiry the Board may be assisted by a legal practitioner or by another person, who may examine witnesses and address the (9) In conducting an inquiry the Board is not bound by rules of evidence but may inform itself in such manner as it thinks fit.

Agents Licensing Act 1979 58 (10) In this section, party means: (a) at an inquiry in relation to the grant of a licence or the registration of a person as an agent's representative – the applicant for the grant of a licence or registration and a person who has lodged an objection to the grant of a licence or registration; and (b) at any other inquiry – the agent or agent's representative concerned in the subject matter of the inquiry and a person who has made an application under section 44 for the cancellation of a registration or under section 68 for the revocation of a licence, and includes the Registrar and the Commissioner of Police.

78 Power to summon witnesses (1) The Chairperson may, in writing, summon a person to attend an inquiry at a time and place specified in the summons and then and there to give evidence and produce such books and other documents in the person's custody or control as the person is required by the summons to produce. (2) A summons under subsection (1) may be served: (a) personally; or (b) by sending it to the person's last-known place of residence or business; or (c) by leaving it at that place of business or residence with a person apparently having attained the age of 16 years.

79 Failure to attend or produce documents (1) A person served with a summons to attend an inquiry shall not refuse or fail, without reasonable excuse: (a) to attend the inquiry; or (b) subject to subsection (2), to produce at the inquiry the books or other documents in the person's custody or control that the person is required by the summons to produce.

Agents Licensing Act 1979 59 (2) It is a defence to a charge in respect of a refusal or failure, without reasonable excuse, to produce at an inquiry a book or other document if the accused proves that the book or other document was not relevant to the subject-matter of the inquiry.

80 Refusal to take oath or give evidence (1) A person appearing as a witness at an inquiry must not refuse to take an oath when required by the Board to do so or to answer a question relevant to the proceedings put to the person by a (2) A statement or disclosure made before the Board by a witness is not, except in proceedings for giving false testimony at an inquiry, admissible in evidence in civil or criminal proceedings.

81 Record of evidence of witnesses (1) A record of the evidence of a witness at an inquiry shall be made in the manner specified by the Board. (2) The Registrar shall have the custody of a record of evidence made in accordance with subsection (1). (3) The Registrar may give directions that a transcript of the record of any evidence made in accordance with subsection (1) be prepared. (4) Where a transcript of a record is prepared in accordance with the directions of the Registrar given under subsection (3), the person who prepared the transcript, or under whose supervision the transcript was prepared, shall certify on the transcript in writing that the transcript is a true transcript of a record produced out of the custody of the Registrar. (5) Where a record that purports to be a record made in accordance with subsection (1) of the evidence of a witness at an inquiry is produced out of the custody of the Registrar, the record is, unless the contrary is proved, evidence that the person gave that evidence at that inquiry.

Agents Licensing Act 1979 60 (6) Where: (a) a document purports to be a transcript, or a copy of a transcript, of a record, made in accordance with subsection (1), of evidence given by a witness at an inquiry; and (b) the document bears a certificate that purports to be a certificate made in accordance with subsection (4), the document is, unless the contrary is proved, evidence that the witness gave at that inquiry the evidence of which the document purports to be a transcript. (7) On an application made to the Registrar by: (a) a person represented at an inquiry; or (b) a person who satisfies the Registrar that the person has good reason for requiring a copy of a transcript or of any evidence recorded in accordance with this section, the Registrar may, upon payment by the applicant of the prescribed fee, supply to the applicant a copy of the transcript or of the evidence so recorded.

82 Protection of members An action or proceeding, civil or criminal, does not lie against the Board or a member in respect of anything done in good faith by the Board or a member in its or the member's capacity as the Board or as a member.

83 Protection of persons appearing before Board (1) A legal practitioner or other person appearing before the Board has the same protection and immunity as a legal practitioner has in appearing for a party in proceedings in the Supreme Court. (2) A witness summoned to attend or appear before the Board has the same protection as a witness in proceedings in the Supreme Court.

84 Board may inspect books, &c. (1) A member may inspect books or other documents or writings produced at an inquiry and shall return them as soon as practicable after the completion of the inquiry. (2) A member may make a copy of, or copies of such portions of, those books or other documents as are relevant to a matter before the

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84A Publication of findings and determination (1) The Board must publish, in any manner that makes it publicly available in the Territory, its findings and determinations under sections 44 and 68 as soon as practicable after making the findings and determinations. (2) In publishing its findings and determinations, the Board may withhold any information from the public if satisfied there are reasonable grounds for doing so. (3) No criminal or civil proceeding lies against an officer or employee of the Board for or in relation to an action taken in good faith for the purpose of complying with subsection (1).

84B Proceedings to be open to public An inquiry under section 44 or 68 is to be open to the public unless the Board determines that the inquiry, or part of the inquiry, is to be closed to the public. Part X Review of decisions

85 Review by NTCAT (1) NTCAT has jurisdiction to review a decision (a reviewable decision) specified in Schedule 2. (2) An affected person, for a reviewable decision, is a person specified in Schedule 2 for the decision. (3) An affected person for a reviewable decision may apply to NTCAT for review of the decision. Note for section 85 The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to NTCAT for review and other relevant matters in relation to reviews.

Division 1 Educational schemes and grants to industry bodies

92 Application of money for educational schemes (1) If the amount standing to the credit of the moneys of the Fund is greater than 1 million monetary units (or, if another amount is determined by the Administrator, that amount), the Minister may

Agents Licensing Act 1979 62 consent to the use by the Registrar of a specified amount or proportion of the Fund for the purposes specified in subsection (2). (2) The Registrar may use the amount or proportion of the Fund specified by the Minister under subsection (1) to enable the Board to establish and conduct a scheme for the payment of all or part of the costs or other expenses related to educational courses (except fees or other expenses of students attending or undertaking an educational course). (3) An amount of money may only be allocated to a person under subsection (2) for the provision of an educational course if: (a) the person is a registered training organisation; and (b) the educational course to be provided by the registered training organisation is approved under section 22A or 31B or is a VET accredited course or part of a Training Package. (4) The Board may determine the registered training organisation or registered training organisations to which the monies of the Fund are to be allocated for the purposes specified in subsection (2). (5) The Board must, within 30 days after the end of each financial year, give the Minister a written report on the Board's activities for the purposes of this section. (6) In this section: educational course means a course relating to laws applying to and in relation to licensed agents and their business and the practices and procedures of licensed agents in their business, but does not include a course: (a) the purpose of which relates to the tactics or techniques of selling or advertising; or (b) that the Board declares not to be an educational course. registered training organisation, see section 3 of the National Vocational Education and Training Regulator Act 2011 (Cth). Training Package means a training package as defined in section 4 of the Training and Skills Development Act 2016. VET accredited course, see section 3 of the National Vocational Education and Training Regulator Act 2011 (Cth).

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93 Grants to industry bodies (1) The Minister may determine that an amount of the money of the Fund be paid to an industry body if the Minister is satisfied the body has expended, or will expend, money for one or more of the following purposes: (a) improving regulatory compliance; (b) improving the quality of services provided by persons regulated under this Act. (2) The Minister must not make the determination unless the Minister has first consulted with: (a) the Fund regarding the ability to pay the money; and (b) the industry body to whom it is proposed to pay the money regarding the purpose to which the money has been, or is to be, put; and (c) the Board. (3) The determination may impose terms and conditions for the payment of the money to the industry body. (4) An industry body may apply to the Minister for payment of money from the Fund. (5) The application must: (a) specify the period during which the body has expended, or proposes to expend, money for the purposes referred to in subsection (1)(a) or (b); and (b) include details of the money expended, or proposed to be expended, including the purpose to which it has been, or is to be, put. (6) In this section: industry body means an industry representative body that has a role in improving the service the industry provides. Examples for definition of industry body in subsection (6)

1. Real Estate Institute of the Northern Territory.
2. Australian Institute of Conveyancers.

Agents Licensing Act 1979 64

Division 2 Agents Licensing Fidelity Guarantee Fund of the Northern Territory

94 Establishment of Fund (1) There is established by this section the Agents Licensing Fidelity Guarantee Fund of the Northern Territory. (2) The Fund: (a) is a body corporate with perpetual succession; and (b) shall have a common seal; and (c) is capable, in its corporate name, of acquiring, holding and disposing of real (including leasehold) and personal property and of suing and being sued. (3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Fund affixed to a document and shall assume that it was duly fixed. (4) The functions of the Fund are to maintain and operate the moneys of the Fund. (5) Subject to this Act, the Fund has power to do all things that are necessary or convenient to be done for or in relation to or incidental to the performance of its functions. (6) The Minister may, by instrument in writing, determine the manner in which the Fund shall maintain and operate the moneys of the Fund, including the investment of moneys surplus to its immediate requirements and the acquisition, holding or disposal of real or personal property, and the Fund shall act in accordance with the determinations of the Minister, if any. (7) Subject to the determinations, if any, made by the Minister under subsection (6), the Fund shall: (a) keep separate records of all transactions concerning the moneys of the Fund; and (b) provide copies of the records to the Board upon demand but, in any case, not less than once in each period of 3 months; and (c) ensure that each cheque of the Fund is signed by the Registrar and another member of the Fund or, in the absence of the Registrar, by the 2 other members of the Fund.

Agents Licensing Act 1979 65 (7A) The Fund must, each year, ensure that: (a) its accounts are prepared in accordance with Australian accounting standards; and (b) those accounts are audited by a registered company auditor; and (c) a copy of the audit report is forwarded to the Minister before 30 June. (8) The exercise of the powers and functions of the Fund shall not be affected by reason only of there being a vacancy in the office of a member of the Fund.

95 Members of Fund (1) The Fund consists of the following members: (a) the Registrar; (b) the Chairperson; (c) one person appointed by the Minister who, in the Minister's opinion, has expertise and experience in finance and investment; (d) one person appointed by the Minister on the recommendation of the Chief Executive Officer of the Agency administering the Financial Management Act 1995; (e) one person appointed by the Minister who is a member of an industry body, as defined in section 93(6). (2) Subject to subsections (3) and (4), the appointed members: (a) hold office for a period of 2 years; and (b) are eligible for re-appointment. (3) An appointed member may resign from office by written notice signed by or with the authority of the member and given to the Minister. (4) The Minister may terminate the appointment of an appointed 95AA Alternate members (1) The Minister may, at any time, appoint a person as the alternate of a member.

Agents Licensing Act 1979 66 (2) An alternate member may act while the member for whom the person is the alternate is prevented from performing the duties of office by illness, absence, the operation of section 95AB or other reason considered sufficient by the Registrar. (3) An alternate member holds office during the same period as the member for whom the person is the alternate, or for any shorter period specified by the Minister. (4) A person appointed as the alternate of a member mentioned in section 95(1)(c) to (e) is subject to the same qualifications as that

95A Meetings of Fund (1) The Registrar shall call such meetings of the Fund as are necessary for the exercise of its powers and the performance of its functions, but the interval between one meeting and the next shall not exceed 3 months. (2) Subject to subsections (3) and (4), the Fund shall determine the procedure to be followed at or in relation to its meetings. (3) The Registrar shall preside at the meetings of the Fund. (3A) Three members of the Fund constitute a quorum. (4) The Fund shall keep records of its meetings. 95AB Conflict of interest of member (1) A member who has a direct or indirect interest in a matter being considered or about to be considered by the Fund must disclose the nature of the member's interest at a meeting of the Fund, or in writing to the other members, as soon as possible after the relevant facts come to the member's knowledge. (2) A member must not take part in any deliberation or decision of the Fund relating to a matter in which the member has a direct or indirect interest. (3) The Fund must record disclosures made under subsection (1) in the minutes of the Fund. (4) A member who has a direct or indirect interest in a matter being considered or about to be considered by the Fund must not form part of a quorum in relation to the matter. (5) A person commits an offence if: (a) the person is a member; and

Agents Licensing Act 1979 67 (b) the person intentionally participates in a deliberation or decision of the Fund in relation to a matter; and (c) the person has a direct or indirect interest in the matter being considered or about to be considered by the Fund and the person has knowledge of that circumstance. (6) Strict liability applies to subsection (5)(a). (7) Part IIAA of the Criminal Code applies to an offence against this section. Note for section 95AB Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

95B Moneys of Fund (1) The moneys of the Fund shall comprise: (a) contributions and levies paid under this Act; and (b) fees paid to the Board with respect to licences or registrations; and (c) fines imposed by the Board under this Act; and (d) interest from time to time accruing from the investment of the moneys of the Fund; and (e) any other money which may be lawfully paid to the Fund. (2) Subject to this Division, the Fund shall pay out of the moneys of the Fund: (a) the amount of all claims, including costs allowed or established against the moneys of the Fund in accordance with Division 3; and (b) the costs and expenses of the administration of this Act; and (c) the amount of remuneration, allowances and expenses payable under the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 to a member; and

Agents Licensing Act 1979 68 (d) where the amount of the moneys of the Fund is greater than 500 000 monetary units, or such other amount as the Administrator may determine, the amount, if any, to which the Minister consents under section 92(1); and (e) the amount of money determined by the Minister to be paid to an industry body under section 93(1); and (ea) such amounts as may be paid out of the moneys of the Fund in maintaining and operating the moneys of the Fund in accordance with the determinations of the Minister, if any, under section 94(6); and (f) such other amounts as may lawfully be paid out of the moneys of the Fund.

96 Persons who may apply (1) Subject to this Part, after the date fixed for the purpose of this section by the Board by notice published in the Gazette, a person who suffers pecuniary loss arising out of a defalcation of trust moneys or misappropriation of other property by: (a) a licensed agent or a partner of a licensed agent; or (b) a person constituting, or an officer or employee of, a firm or company licensed under this Act; or (c) any other person carrying on business as an agent, may apply to the Registrar for compensation under this Part in respect of that loss. (1A) Nothing in subsection (1) shall be construed as permitting a person to apply to the Registrar for compensation in respect of a pecuniary loss arising out of a defalcation of trust moneys or a misappropriation of other property by a person referred to in subsection (1)(c) which occurred before the commencement of the Land and Business Agents Amendment Act 1992. (2) Subject to this Part, the pecuniary loss in respect of which compensation may be paid to an applicant under this Part is the amount of the pecuniary loss suffered by the applicant less any amount that the applicant has recovered from any person in respect of the loss.

Agents Licensing Act 1979 69

97 Registrar may invite claims (1) The Registrar may cause to be published in the Gazette and a newspaper or newspapers nominated by the Minister a notice inviting persons entitled to apply for compensation under this Part in respect of losses arising out of a defalcation or misappropriation committed by an agent, a person in the employ of an agent, a partner of an agent, a person by whom an agent firm is constituted or a director of an agent company named in the notice to make an application within the period specified in the notice. (2) Subject to subsection (3), the period to be specified in a notice published under this section shall be not less than 3 months commencing on the date of publication of the notice in the Gazette, newspaper or newspapers, whichever is the latest. (3) An action for damage does not lie against the Registrar in respect of the publication in good faith of a notice under this section.

98 Time for making applications (1) Subject to subsection (2), an application for compensation under this Part shall not be accepted unless it is made in writing: (a) within the period of 6 months after the applicant becomes aware of the defalcation or misappropriation; or (b) within such further period, not exceeding 2 years, as the Registrar, in his or her discretion and either before or after the expiration of the period referred to in paragraph (a), allows. (2) Where a notice is published under section 97, an application for compensation under this Part in respect of a defalcation or misappropriation committed before the publication of the notice shall be made: (a) before the expiration of the period specified in the notice; or (b) within such further period, not exceeding 2 years, as the Registrar, in his or her discretion and either before or after the expiration of that period, allows.

99 Manner of applications (1) An application for compensation under this Part shall be made by the delivery to the Registrar, in writing, of full particulars of the claim supported by a statutory declaration by the applicant. (2) The Registrar shall, within one week after receiving an application for compensation under this Part, post to the applicant a letter acknowledging receipt of the application.

Agents Licensing Act 1979 70 (3) The Registrar may, by notice in writing delivered to an applicant for compensation under this Part, require the applicant to: (a) give to the Registrar information in the possession or control of the applicant with regard to a matter relating to the application; or (b) deliver to the Registrar any documents in the possession or control of the applicant that tend to establish the fact of the defalcation or misappropriation and the amount of the loss to which the application relates. (4) The Registrar may retain a document delivered to the Registrar in accordance with a requirement under subsection (3) for as long as the Registrar considers necessary for the purposes of this Part, but the person by whom the document was produced is entitled to be supplied, as soon as practicable, with a copy of the document certified by the Registrar to be a true copy. (5) A copy certified under subsection (4) shall be received in all courts as if it were the original. (6) Where the Registrar makes a requirement under subsection (3), the Registrar need not take any further steps in relation to the application until the requirement is satisfied.

100 Registrar to consider applications (1) Subject to section 99(6), the Registrar shall consider an application made in accordance with this Part and shall determine: (a) the amount of the pecuniary loss in respect of which compensation may be paid to the applicant under this Part; or (b) that there is no pecuniary loss in respect of which compensation may be so paid. (2) Subsection (1) does not require the Registrar to be satisfied: (a) that a person has been found guilty of an offence arising out of a defalcation or misappropriation; or (b) that there is evidence upon which a person might be found guilty of such an offence. (3) Before making a determination under subsection (1), the Registrar may, if he or she is of the opinion that the circumstances so warrant, require the applicant to institute against the agent, employee, partner, person by whom an agent firm is constituted or director to whose defalcation or misappropriation the claim relates, or any other person considered to be liable in respect of the loss, or

Agents Licensing Act 1979 71 both, proceedings for the recovery of the money the subject of the defalcation or the property the subject of the misappropriation, including proceedings to follow assets and any property into which the money or other property may have been converted. (4) Where the Registrar requires a person to institute proceedings under subsection (3), the Registrar is liable to pay out of the moneys of the Fund the costs and other expenses necessarily incurred by the person by reason of the institution of the proceedings. (5) The Registrar shall give to an applicant for compensation under this Part notice in writing stating: (a) the amount that the Registrar has determined is the pecuniary loss in respect of which compensation may be paid to the applicant under this Part; or (b) that the Registrar has determined that there is no pecuniary loss in respect of which compensation may be so paid. (6) In a notice given under this section, the Registrar shall state the grounds on which he or she has made the determination referred to in the notice.

102 Payment of compensation (1) Subject to this section, where an amount has been determined under this Part as the amount of pecuniary loss in respect of which compensation may be paid to an applicant under this Part, the Registrar shall pay to the applicant an amount equal to the amount so determined. (2) The amounts paid under subsection (1) to applicants for compensation in respect of defalcations or misappropriations by the same person shall not exceed, in the aggregate, 300 000 monetary units or, if another amount is determined by the Administrator by notice in the Gazette, that other amount. (3) Where the aggregate of the amounts that the Registrar would, but for this subsection, be required by subsection (1) to pay to applicants for compensation in respect of defalcations or misappropriations by the same person, exceeds the amount available under subsection (2), the Registrar shall divide the amount available under that subsection among those applicants in proportion to the amounts payable to them. (4) Where, at any time, the amount of the moneys of the Fund is insufficient for the payment of all amounts that the Registrar would, but for this subsection, be required by this section to pay, the

Agents Licensing Act 1979 72 Registrar shall divide the amount of the moneys of the Fund among the persons to whom it would be required to pay those amounts in proportion to those amounts.

103 Subrogation Where the Registrar has paid compensation to a person under this Part, the Registrar is, to the extent of the payment, subrogated to the rights of that person against any other person in relation to the occurrence that gave rise to the claim for compensation.

104 Agents may claim in certain circumstances (1) Where: (a) the Registrar has paid the amounts of compensation that the Registrar is required to pay in respect of defalcations or misappropriations committed by a person; and (b) the sum of those amounts is less than 300 000 monetary units, or such other amount as the Administrator has determined under section 102(2), an agent who was, at the time at which any of those defalcations or misappropriations were committed, a partner of or employer of the person referred to in paragraph (a) and has made a payment to a person in respect of pecuniary loss suffered by that person as a result of any of those defalcations or misappropriations, may apply to the Registrar for compensation under this Part in respect of that payment. (2) Section 98 does not apply in relation to an application under this section. (3) Where: (a) an application is made under this section; and (b) the Registrar is satisfied that: (i) the agent by whom the application is made is entitled to make an application under this section; and (ii) in relation to the defalcation or misappropriation to which the claim relates, the agent acted in good faith, the Registrar may pay compensation out of the moneys of the Fund to that agent.

Agents Licensing Act 1979 73 (4) The amount to be paid under subsection (3) is such amount, not exceeding the difference between 75 000 monetary units or such other amount as the Administrator has determined under section 102(2) and the sum of the amounts referred to in subsection (1)(a), as the Registrar thinks fit.

105 Interim payments (1) Where, in relation to an application made under this Part, other than an application under section 104, the Registrar has determined the amount of pecuniary loss in respect of which compensation may be paid to the applicant, the Registrar may, if he or she thinks fit, make an interim payment of compensation to the applicant. (2) An amount paid to a person under this section shall be set off against the compensation that the Registrar is required by section 102 to pay to the person.

106 Annual contributions (1) A licensed agent shall pay to the Registrar annually a contribution to the Fund of such amount and at such time as may be determined by the Board. (2) A licensed agent shall, in addition to the amount payable under subsection (1), pay to the Registrar annually a contribution to the Fund of such amount and at such time as may be determined by the Board in respect of each agent's representative employed by that agent.

107 Contributions not payable in certain circumstances Notwithstanding section 106(1) and (2), a licensed agent: (a) who has contributed to the Fund not less than 4 annual contributions in respect of himself or herself and in respect of each agent's representative employed by him or her; and (b) in respect of whom or in respect of a person in the employ of that agent or a partner of that agent no claim has been made and sustained or is pending against the moneys of the Fund, is not liable to pay any further annual contributions under section 106(1) or (2) at any time while the amount standing to the credit of the moneys of the Fund, including any investments of the moneys of the Fund, and after deducting the amount of all unpaid claims and other liabilities outstanding against the moneys of the Fund, exceeds 1 million monetary units or such other amount as

Agents Licensing Act 1979 74 the Administrator may determine.

108 Levies (1) Where, at any time the Registrar considers that the moneys of the Fund are not sufficient to satisfy the liabilities of the Registrar in relation to the moneys of the Fund, the Registrar may, with the approval of the Administrator, impose a levy of such amount, not exceeding 100 monetary units a year, as the Registrar thinks fit for payment to the Fund. (2) Subject to this section: (a) a levy imposed under subsection (1) is payable on the date fixed, for the purpose of this section, by the Registrar by notice published in the Gazette; and (b) a levy so imposed is payable by each agent who, on that date, holds a licence and is payable also by such an agent in respect of each agent's representative employed by that (3) The Registrar may, if he or she thinks that the circumstances so warrant, extend the time for payment of a levy by an agent and, in such a case, the levy is payable by that agent on the date fixed by the Registrar under this subsection. (4) Where an agent does not pay a levy in accordance with this section the Registrar shall record the fact in the register and so long as the levy remains unpaid, the agent shall be deemed to be unlicensed.

108A Definitions In this Part, unless the contrary intention appears: approved indemnity insurance policy means an indemnity insurance policy, or a type of indemnity insurance policy, that is approved under section 108C. indemnity insurance means insurance against loss arising from claims in respect of any description of civil liability (other than a type of civil liability prescribed by regulation) incurred by an agent or former agent in connection with: (a) the agent's business as an agent; or (b) the business of a firm of agents of which the agent is or was a member; or

Agents Licensing Act 1979 75 (c) a company, of which the agent is or was a director, that carries on business as an agent, or by an employee or former employee of that agent, firm or company.

108B Licensed agents required to hold approved indemnity insurance (1) An agent must not carry on business as an agent unless the agent is insured under an approved indemnity insurance policy. (2) Subsection (1) does not apply in relation to a period during which the agent is exempt under a regulation from the requirement to be insured under an approved indemnity insurance policy.

108C Board may approve indemnity insurance policy (1) The Board may approve an indemnity insurance policy or a type of indemnity insurance policy. (2) An approval under subsection (1) may provide that an indemnity insurance policy is an approved indemnity insurance policy if the policy: (a) complies with the conditions specified in the approval; or (b) is described in the approval by reference to the insurer and the number of the policy or is identified in the approval by other specified particulars, or both. (3) An indemnity insurance policy ceases to be an approved indemnity insurance policy if it ceases to comply with conditions set out in an approval under subsection (1). (4) An approval under subsection (1) may: (a) apply generally or be limited in its application by reference to exceptions or factors specified in the approval; or (b) apply differently according to different exceptions or factors specified in the approval.

Agents Licensing Act 1979 76 (5) The Board must publish any approval made under subsection (1) in

108D Organisation representing agents may arrange for insurance (1) An organisation representing the interests of real estate agents, business agents or conveyancing agents may arrange for an insurer to provide an approved indemnity insurance policy to real estate agents, business agents or conveyancing agents. (2) An organisation representing the interests of real estate agents, business agents or conveyancing agents that arranges for an insurer to provide an approved indemnity insurance policy may require that a person may only be a member of the organisation if the person has entered into and maintains that policy with the insurer.

108E Part does not affect claims against Fund This Part does not derogate from Part XII, Division 3.

108F Definitions (1) In this Part, unless the contrary intention appears: business includes a share in a business or an interest in a business. interested party means: (a) a licensed real estate agent; or (b) a licensed business agent; or (c) a registered agent's representative; or (d) an employee of a licensed real estate agent or licensed business agent; or (e) a person who holds himself or herself out to be a real estate agent or a business agent. land includes an interest in land.

Agents Licensing Act 1979 77 (2) In this Part, a purchase or sale of land or a business in which an interested party who is a licensed real estate agent or licensed business agent is beneficially interested includes a purchase or sale that is or will be made by or on behalf of: (a) the spouse, de facto partner, parent, brother, sister or child of the agent; or (b) a corporation, body, association of persons or firm carrying on business for profit or gain of which the agent or the spouse, de facto partner, parent, brother, sister or child of the agent is a member; or (c) if the agent is a corporation – the corporation, a member of the corporation or the spouse, de facto partner, parent, brother, sister or child of a member of the corporation; or (d) if the agent carries on business as such as a member of a firm – a person who is a member of the firm or the spouse, de facto partner, parent, brother, sister or child of that person. (3) In this Part, a purchase or sale of land or a business in which an interested party who is a registered agent's representative or an employee is beneficially interested includes a purchase or sale that is or will be made by or on behalf of: (a) the spouse, de facto partner, parent, brother, sister or child of the representative or employee; or (b) a corporation, body, association of persons or firm carrying on business for profit or gain of which the representative or employee or the spouse, de facto partner, parent, brother, sister or child of the representative or employee is a member. (4) In this Part, an interested party acts as the agent for a client wishing to purchase or sell land or a business from the time the client first communicates (whether orally or in writing) the fact that the client wishes to purchase or sell the land or business to: (a) the interested party; or (b) a person specified in subsection (2) or (3).

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108G Restriction on agent etc. purchasing or selling property in which the agent is interested (1) Subject to subsection (6), an interested party must not purchase directly or indirectly, or be beneficially interested in the purchase of, land or a business from a person who is a client for whom the interested party is acting as an agent. (2) Subject to subsection (6), an interested party must not directly or indirectly accept title to land or a business if he or she is in breach of subsection (1). (3) Subject to subsection (6), an interested party must not sell directly or indirectly, or be beneficially interested in the sale of, land or a business to a person who is a client for whom he or she is acting as an agent. (4) An interested party must not receive commission from a client after he or she has been found guilty of an offence against subsection (1) or (3). (5) A person who is found guilty of an offence against this section: (a) must account for and repay to the client all profits (including commission received) resulting from the purchase or sale and any subsequent dealing with the land or business; and

Agents Licensing Act 1979 79 (b) if the offence is an offence against subsection (2) – must, unless there is an agreement to the contrary with the client, transfer to the client the title to the land or business to which the offence relates. (6) This section does not apply if: (a) the land or business is purchased by a person who is a shareholder or creditor of a licensed agent that is: (i) a corporation the shares of which are listed on a prescribed financial market (as defined in section 9 of the Corporations Act 2001); or (ii) a prescribed corporation; or (b) the interested party acted honestly and reasonably; or (c) the client is in substantially as good a position as if the interested party had no interest whatsoever in the purchase or sale; or (d) the interested party has complied with section 108H. (7) A person who has sold land may lodge a caveat with the Registrar- General in respect of the person's former interest in the land if: (a) the person believes that the person who acted as agent for him or her for the purposes of the sale of the land was beneficially interested in the purchase of the land at the time of the transaction; and (b) the sale of the land is or will be the subject of an action brought under this section, unless the land has, after the person sold it, been sold to a bona fide purchaser.

108H Sale etc. by agent with interest in sale (1) An interested party may purchase directly or indirectly, or be beneficially interested in the purchase of, land or a business from a person who is a client for whom the interested party is acting as agent if the interested party makes a full disclosure of the interested party's intention to purchase or of the interested party's beneficial interest in the purchase. (2) An interested party may sell directly or indirectly, or be beneficially interested in the sale of, land or a business from a person who is a client for whom the interested party is acting as agent if the interested party makes a full disclosure of the interested party's

Agents Licensing Act 1979 80 intention to sell or of the interested party's beneficial interest in the sale. (3) A disclosure under subsection (1) or (2) is to be in the approved form. (4) The approved form for subsection (3) is to: (a) provide that full details of the intention to purchase or sell or of the beneficial interest in the purchase or sale are to be set out in or attached to the form; and (b) contain a statement to the effect that, by virtue of the interested party's relationship with the client, the interested party may have gained information in relation to the client's circumstances and the proposed purchase or sale that may place the interested party in a position of advantage. (5) A disclosure under subsection (1) must be made: (a) to each person who is purchasing or selling the land or business; and (b) at the same time as, or immediately after, the agreement to purchase and sell the land or business is made. (6) A person to whom a disclosure is made must, before the expiry of a 7 day cooling-off period commencing on the day on which disclosure is made: (a) elect to affirm the agreement for the sale or purchase of the land or business; or (b) elect to avoid the agreement.

108J Person to repay agent if person avoids agreement (1) This section applies to a person to whom a disclosure under section 108H(1) is made if the person: (a) is selling the land or business; and (b) elects to avoid the agreement under section 108H(6)(b). (2) The person must repay to the interested party the amount of money received in relation to the agreement less an amount representing any costs or expenses incurred by the person in relation to the agreement.

Agents Licensing Act 1979 81 (3) If the amount of money received does not cover the costs or expenses, the interested party must pay to the person the balance of the costs and expenses.

109 Registers (1) The Registrar shall keep the following registers: (a) a Register of Licensed Real Estate Agents; (b) a Register of Licensed Business Agents; (c) a Register of Agents' Representatives who are entitled to be registered; (d) a Register of Conveyancing Agents. (2) The Registrar shall record in the registers: (a) the name of each licensed agent or registered agent's representative, as the case may be; and (b) in the case of a register other than the register specified in subsection (1)(c), the address of each office in the Territory at which each licensed agent carries on business and, if there is more than one such office, a statement as to which is the principal office; and (c) the prescribed particulars; and (d) such other particulars as the Board determines or as are required to be recorded under this Act. (3) A register so kept shall, without fee, be open to inspection during ordinary business hours by a person desiring to inspect the register.

110 Licensed agents to maintain registered office in Australia etc. (1) A licensed agent must maintain an office in Australia at or from which the conduct of business under the licence is to occur.

Agents Licensing Act 1979 82 (2) A licensed agent must not carry on business in the Territory under a licence at or from an office (whether or not the office is in the Territory) unless, before beginning to carry on the business: (a) the agent has notified the Registrar of the address of the office; and (b) if business is to be conducted at one or more offices – the agent has notified the Registrar of the office that is to be the principal office of the agent. (3) For the purposes of this Act, an office is taken to be the principal office of a licensed agent if the agent has notified the Registrar under subsection (2)(b) that the office is to be the principal office of the agent.

110A Business managers (1) Subject to section 111, a licensed agent must ensure that there is at all times in the agent's service a business manager, who is a licensed agent appointed by the agent, in respect of each office of the business carried on under the licence. (2) A person may be appointed under subsection (1) to be a business manager in respect of all of the offices of, or one or more offices of, the business carried on under a licence. (3) A licensed agent must ensure that there is not more than one business manager with substantive and effective control of an office of the business carried on under the licence.

Agents Licensing Act 1979 83 (4) A business manager: (a) must not act as a manager, or a business manager, on behalf of more than one licensed agent or firm; and (b) must not carry on business as an agent on his or her own account, except if he or she: (i) is a business manager in relation to a firm that he or she constitutes; and (ii) is not a business manager in respect of any other business. (5) A business manager must ensure that he or she exercises substantive and effective control of the day-to-day operations of an office in relation to which he or she was appointed under (6) Rules of conduct may specify the duties, during a period while a business manager is not present at the office, of a licensed agent and a business manager in relation to an office of the business carried on under a licence.

111 Registrar may approve operation of registered office without licensed business manager (1) Upon an application by a licensed agent, the Registrar may, subject to such conditions that the Registrar may consider necessary or desirable, grant approval, in writing, to the licensed agent to carry on business as a licensed agent for a period, not exceeding 60 days, during which the business manager of a registered office of the licensed agent is not a licensed agent. (2) A licensed agent shall not contravene or fail to comply with a condition specified in an approval granted under subsection (1).

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111A Licence not transferable A licence is not transferable by the holder of the licence.

112 Agent not to share commission (1) Except as may be prescribed, a licensed agent shall not share with another person, other than a licensed agent, or partner of, or registered agent's representative employed by, the first-mentioned agent, a fee, commission or other gain or reward payable to the first-mentioned agent in respect of a transaction in the agent's capacity as agent. (2) In subsection (1), a reference to a licensed agent includes a reference to a person licensed under a law of a State or Territory providing for the licensing of real estate agents, business agents or conveyancing agents (by whatever name called).

113 Improper use of licence A licensed agent shall not permit any other person to have possession of the agent's licence with the intent that the other person shall represent himself or herself as the person to whom the licence was granted.

114 Improper use of title of agent (1) A person, other than a licensed agent, shall not use, in an advertisement or any other mode of public notification, words that would reasonably lead to the belief that the person is a licensed (2) Without limiting the effect of subsection (1), a person other than a licensed agent or a registered agent's representative shall not: (a) place, or suffer or permit to be placed, on the building in which the person's office is situated; or

Agents Licensing Act 1979 85 (b) place, on a document, as a description of the person's business, the words "real estate agent", "estate agent", "land agent", "property agent", "business agent", "conveyancing agent" or words implying that, in the course of the person's business, the person acts, or is prepared to act, as agent for clients in connection with any of the matters referred to in section 5(2).

115 False or misleading advertisements A licensed agent shall not, in an advertisement or any other mode of public notification published in connection with the agent's business as a licensed agent, make a statement or any representation that is false, misleading or is intended to deceive.

116 Obstruction of Registrar, inspector, &c. A person shall not obstruct, threaten or intimidate another person in the exercise of a power conferred, or the performance of a duty imposed by or under this Act on that other person.

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117 Production of licence A licensed agent shall not fail, without reasonable excuse, upon demand of the Registrar or an inspector, to produce the licence of the agent for inspection.

118 Withholding of deposit Where an agent is authorised to retain in a trust account money received as a deposit in respect of a transaction in the capacity of agent and the money is to be withheld or not repaid, the agent shall, within a period of 14 days from the completion of the transaction, inform in writing all persons involved, including his or her client, of the reason for withholding or not repaying the money.

119 Requirements of advertisements A licensed agent shall not publish an advertisement in connection with his or her business as agent unless it is stated in the advertisement: (a) that the agent is licensed; and (b) the address of the place or, where the agent carries on business at more than one place, one of the places at which the agent carries on business as an agent.

120 Display of notices (1) A licensed agent shall exhibit and keep exhibited in a prominent position at the place, or each place specified in the licence of the agent as a place at which the agent is authorised to carry on business as a licensed agent, and so as to be easily read from

Agents Licensing Act 1979 87 outside that place of business: (a) a notice of: (i) the name of the agent and the fact of the agent being licensed as an agent; and (ii) if the business is carried on in a name other than the name of the agent – the name under which the agent carries on business; and (b) the licence, or a photographic copy of the licence, issued to the agent. (2) Where a licensed agent ceases to carry on business at the place specified in the licence of the agent, the agent shall forthwith remove from that place a notice, photograph or licence exhibited under subsection (1).

121 No recovery of commission unless licensed A person is not entitled to bring an action to recover a fee, commission or other gain or reward for acting as an agent for a client in relation to a matter referred to in section 5(2) or to work which, under this Act, a conveyancing agent may perform unless: (a) at the time the person was engaged to act as an agent, the person was a licensed agent and was such an agent at the time of acting as agent; or (b) the person was engaged to act as an agent before the expiration of the period of one month after the commencement of this Act and, at the time of acting as agent, was a person to whom section 17 did not apply.

121A Contracts for sale of land to be in approved form A real estate agent or a conveyancing agent must not arrange for the preparation and execution of a contract of sale of land, unless the contract is in a form: (a) approved by the Registrar for the purposes of this Act; or

Agents Licensing Act 1979 88 (b) approved by the Law Society Northern Territory for use by persons who are not legal practitioners.

123 Evidence of licensing or registration A document purporting to be a certificate under the hand of the Chairperson or Registrar and stating that a person was, or was not, on a date or dates or during a period mentioned in the document, the holder of a real estate agent's licence or business agent's licence or a registered agent's representative is, in all courts and before all persons and other bodies authorised to receive evidence, prima facie evidence of the matter so stated.