AGENTS LICENSING REGULATIONS 1979 (Northern Territory)

These Regulations operationalise the licensing, registration, audit, conduct and enforcement rules under the Agents Licensing Act 1979 (the Act) for the Northern Territory by prescribing documentary requirements, procedures, fees, exemptions and administrative processes. Key mechanical functions are:

Application and registration requirements. Regulation 6 prescribes the supporting documents required with licence applications for individuals, companies and firms: testimonials (r 17), identity evidence (r 17A), and national police certificates, plus a statutory declaration verifying the application. Regulation 8 prescribes similar requirements for registration of an agent's representative and requires lodgement with the Registrar (r 8(b)).
Audit and trust-account treatment. Part III sets audit timing and obligations: first-audit timing for new licensees (r 13), audit on cessation of business with a two-month window to arrange an audit (r 14(1)), audit duties of personal representatives on death (r 14(2)), and the application of Division 3 of Part V of the Act to those audits (r 14(3)). Regulation 16 affords an exemption from audit requirements when no trust money was held during the period, provided a statutory declaration is delivered to the Board within two months after the period (r 16(1)-(2)).
Prescribed trust schemes for body corporate managers. Schedule 3 prescribes two alternative schemes for handling trust moneys of corporation or body corporate managers (Schemes 1 and 2), including permitted account operation, auditing frequency and treatment of interest and surplus funds (sched 3 cl 2-7).
Indemnity insurance exemptions. Regulation 16B exempts an agent who is an employee of another agent from the requirement in s 108B(2) of the Act to hold indemnity insurance for as long as that employment continues.

NORTHERN TERRITORY OF AUSTRALIA AGENTS LICENSING REGULATIONS 1979 As in force at 10 February 2026 Table of provisions Part I Preliminary 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 Part II Licensing and registration Division 2 Application for licence or registration 6 Application for licence ...................................................................... 2 8 Application for registration ............................................................... 3 Part III Audit of accounting records relating to trusts moneys 13 First audit ......................................................................................... 4 14 Audit where agent ceases to carry on business .............................. 4 15 Disclosure of information by auditor ................................................ 5 16 Exemption from audit requirements ................................................. 6 16A Exemption for trust money of corporation manager ......................... 6 Part IIIA Indemnity insurance 16B Exemption from requirement to hold indemnity insurance – section 108B .................................................................................... 6 Part IV Miscellaneous 17 Testimonials .................................................................................... 6 17A Evidence of identity ......................................................................... 7 18 Responsibility where licensed agent a company or firm .................. 8 19 Disclosure of information by Board .................................................. 8 20 Prescribed particulars for registers of agents – section 109 ............ 9 21 Prescribed particulars for Register of Agents' Representatives – section 109 ........................................................ 9 22 Notification of change in particulars ............................................... 10 22A Regulatory offences....................................................................... 11 23 Prescribed fees.............................................................................. 11 24A Persons and organisations to be consulted regarding proposed rules of conduct ............................................................. 11

Agents Licensing Regulations 1979 ii 25 Rules of conduct ............................................................................ 12 Part V Infringement notices 26 Service of infringement notice for infringement offence ................. 12 27 Contents of infringement notice ..................................................... 12 28 Payment by cheque ....................................................................... 13 29 Withdrawal of infringement notice.................................................. 13 30 Application of Part ......................................................................... 13 Schedule 2 Prescribed fees Schedule 3 Scheme relating to trust money of corporation manager or body corporate manager Schedule 4 Rules of conduct Schedule 8 Infringement offences and prescribed amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 February 2026

AGENTS LICENSING REGULATIONS 1979 Regulations under the Agents Licensing Act 1979 Part I Preliminary 1 Citation These Regulations may be cited as the Agents Licensing Regulations 1979. 2 Commencement These Regulations shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Definitions In these Regulations: infringement notice, see regulation 26. infringement offence means an offence against a provision of the Act or these Regulations specified in Schedule 8, column 1. licence includes a provisional licence. name, of a licensed agent, means: (a) if the licensed agent is an individual – the individual's name; or (b) if the licensed agent is a firm – the firm name; or (c) if the licensed agent is a company – the company name. office address, for a licensed agent, means: (a) if the licensed agent conducts business from one registered office – the address of the registered office; or (b) if the licensed agent conducts business from more than one office – the address of the principal office.

Part II Licensing and registration Division 2 Application for licence or registration Agents Licensing Regulations 1979 2 partner means a member of a firm. prescribed amount, for an infringement offence, means the amount specified in Schedule 8, column 2 opposite the offence provision. registered business name means a name registered under the Business Names Registration Act 2011 (Cth). registered training organisation, see section 4 of the Training and Skills Development Act 2016. Part II Licensing and registration Division 2 Application for licence or registration 6 Application for licence An application for a licence to carry on business as a real estate agent or business agent, or both, or as a conveyancing agent must be accompanied by the following documents: (a) for an application by an individual: (i) a testimonial in accordance with regulation 17 for the individual; and (ii) a document evidencing the identity of the individual in accordance with regulation 17A; and (iii) a national police certificate for the individual; (b) for an application by a company: (i) a testimonial in accordance with regulation 17 for each director of the company (other than a director who is a licensed agent or a registered agent's representative); and (ii) a document evidencing the identity of each director mentioned in subparagraph (i) in accordance with regulation 17A; and (iii) a national police certificate for each director mentioned in subparagraph (i);

Part II Licensing and registration Division 2 Application for licence or registration Agents Licensing Regulations 1979 3 (c) for an application by a firm: (i) a testimonial in accordance with regulation 17 for each partner of the firm (other than a partner who is a licensed agent or a registered agent's representative); and (ii) a document evidencing the identity of each partner mentioned in subparagraph (i) in accordance with regulation 17A; and (iii) a national police certificate for each partner mentioned in subparagraph (i); (d) a statutory declaration verifying all the statements contained in the application and in accompanying documents that is made by: (i) if paragraph (a) applies – the individual making the application; or (ii) if paragraph (b) applies – a director of the company making the application; or (iii) if paragraph (c) applies – a partner of the firm making the application. 8 Application for registration An application for registration as an agent's representative must: (a) be lodged with the Registrar; and (b) be accompanied by the following documents: (i) a testimonial in accordance with regulation 17 for the applicant; (ii) a document evidencing the identity of the applicant in accordance with regulation 17A; (iii) a national police certificate for the applicant; (iv) a statutory declaration made by the applicant verifying all the statements contained in the application and accompanying documents.

Part III Audit of accounting records relating to trusts moneys Agents Licensing Regulations 1979 4 Part III Audit of accounting records relating to trusts moneys 13 First audit Subject to regulation 14, where a person commences to carry on business as a licensed agent during the 3 months immediately preceding 30 June in any year, unless the Board otherwise directs, a reference to the prescribed period in Division 3 of Part V of the Act shall, for the purposes of the first audit of the licensed agent's accounting records relating to trust moneys, be read as a reference to the period commencing on the date when the licensed agent commenced to carry on business as a licensed agent and ending on 30 June in the next following year. 14 Audit where agent ceases to carry on business (1) Where a person ceases to carry on business as a licensed agent he or she shall, within 2 months after the date that he or she so ceases, cause to be audited his or her accounting records relating to trust moneys received and paid by him or her during the period commencing on the date to which those accounting records were last audited or, if they have not previously been audited, the date when the person commenced to carry on business as a licensed agent, and ending on the date when he or she ceased to carry on such business. (2) Where a person: (a) who carries on business as a licensed agent; or (b) who is required, pursuant to subregulation (1), to cause to be audited his or her accounting records relating to trust moneys but has not caused those accounting records to be audited, dies, his or her personal representative shall, within 2 months after his or her death, cause to be audited that person's accounting records relating to trust moneys received and paid by him or her during the period commencing on the date to which those accounting records were last audited or, if they have not previously been audited, the date on which he or she commenced to carry on business as a licensed agent, and ending on the date when he or she died or ceased to carry on business as a licensed agent. (3) The provisions of Division 3 of Part V of the Act, with such alterations or additions as the circumstances may require, apply to and in relation to an audit conducted in pursuance of this regulation.

Part III Audit of accounting records relating to trusts moneys Agents Licensing Regulations 1979 5 (4) This regulation does not apply to or in relation to a person who was a licensed agent and who: (a) was a business manager, employee or director of a company that is a licensed agent; or (b) was a business manager, employee or partner of a firm that is a licensed agent; where the company or firm has continued to carry on business as a licensed agent after the person ceased to carry on business as a licensed agent or died. (5) Also, this regulation does not apply to a person if: (a) the person's business as a licensed agent is taken over by another person; and (b) that other person, in complying with Part V, Division 3 of the Act, has an audit of the business accounting records conducted for the period to which this regulation would otherwise apply. (6) In this regulation, a reference to ceasing to carry on business as a licensed agent extends to ceasing to carry on a part of the business of a licensed agent. 15 Disclosure of information by auditor (1) Subject to this regulation, an auditor shall not disclose or give to any other person any information obtained in conducting an audit in pursuance of the Act or these Regulations. Maximum penalty: 100 penalty units (2) Subregulation (1) does not apply to or in relation to any information disclosed: (a) by means of any report made pursuant to the Act or these Regulations; (b) in or for the purpose of any legal proceedings arising out of such a report or instituted in connection with a trust account of the licensed agent to whom the information relates; (c) to the Board or a member of the Board; or (d) with the consent of the person to whom the information relates.

Part IV Miscellaneous Agents Licensing Regulations 1979 6 16 Exemption from audit requirements (1) Where, during any period in respect of which a licensed agent is required by a provision of the Act or these Regulations to cause to be audited his or her accounting records relating to trust moneys received and paid by him or her during that period, that provision does not apply to the licensed agent if he or she did not, at any time during the period, receive or hold any trust moneys and the licensed agent, within 2 months after the end of that period makes and delivers to the Board a statutory declaration to that effect. (2) For the purposes of subregulation (1), licensed agent includes the personal representative of a licensed agent. 16A Exemption for trust money of corporation manager For the purposes of the exemption afforded by section 5B of the Act, the scheme set out in Schedule 3 is a prescribed scheme. Part IIIA Indemnity insurance 16B Exemption from requirement to hold indemnity insurance – section 108B An agent who is an employee of another agent is, for as long as that employment continues, exempt from the requirement to be insured under section 108B(2) of the Act. Part IV Miscellaneous 17 Testimonials (1) For the purposes of these Regulations, a testimonial is to be in the form approved by the Board and shall be signed by a person: (a) who has known the person to whom the testimonial relates for a period of not less than 12 months; and (b) who is not a relation of that second-mentioned person; and (c) who is any of the following: (i) a person authorised under the Oaths, Affidavits and Declarations Act 2010 to administer an oath for any purpose; (ii) a justice of the peace;

Part IV Miscellaneous Agents Licensing Regulations 1979 7 (iii) a commissioner for declarations appointed by the Attorney-General of the Commonwealth under the Statutory Declaration Act 1959 of the Commonwealth; (iv) a legal practitioner; (v) a member of the Northern Territory Police Force; (vi) a bank manager; (vii) a Supreme Court Judge or Local Court Judge; (ix) a notary public; (x) a registrar as defined in section 3 of the Local Court Act 2015; (xi) an Associate Judge; (xii) a commissioner for taking affidavits, oaths or declarations in the Supreme Court of a State or Territory; (xiii) a licensed agent; (xiv) a person registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student); (xv) a person registered as a teacher under the Teachers Registration (Northern Territory) Act 2004; (xvi) a person who holds an office, appointment or authority in a State or Territory equivalent to any of those specified in subparagraphs (i) to (xv). (2) For the purposes of subregulation (1), relation means: (a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece or adopted child of that person or of a spouse or de facto partner of that person; or (b) a spouse or de facto partner of that person or of any other person specified in paragraph (a). 17A Evidence of identity For these Regulations, a document evidencing a person's identity is any of the following: (a) an Australian or overseas passport of the person which is current or expired within 2 years before the date of application;

Part IV Miscellaneous Agents Licensing Regulations 1979 8 (b) an Australian photographic driver's licence of the person which is current or expired within 2 years before the date of application; (c) other documentation the Board considers to be satisfactory evidence of the person's identity. 18 Responsibility where licensed agent a company or firm A provision of Part V or XII of the Act or these Regulations that requires a licensed agent to do, or to refrain from doing, an act or to carry out an obligation shall, in the case of a licensed agent which is a company or firm, be read as imposing jointly and severally on: (a) in the case of a company which is a licensed agent – a licensed agent who is a business manager, employee or director of the company; or (b) in the case of a firm which is a licensed agent – a licensed agent who is a business manager, employee or partner of the firm; a like requirement to do, or to refrain from doing, the act or to carry out the obligation, as the case may be, in relation to the business of the licensed agent. 19 Disclosure of information by Board (1) On request by any person, the Board, if it is satisfied that: (a) the person has a sufficient interest in any moneys or securities; and (b) the moneys or securities are held or ought to be held or have been received by an agent, may disclose to the person such portion of any report of an auditor, or any statutory declaration, statement or other document delivered to the Board or the Registrar under the Act or these Regulations or in the course of doing anything under the Act or these Regulations as affects or may affect the person. (2) The Board may, if it thinks fit, permit an auditor engaged by a licensed agent to inspect and make copies of statutory declarations, statements or other documents delivered to the Board or the Registrar under the Act or these Regulations or in the course of doing anything under the Act or these Regulations.

Part IV Miscellaneous Agents Licensing Regulations 1979 9 20 Prescribed particulars for registers of agents – section 109 The following are prescribed particulars about a licensed agent for recording in the Register of Licensed Real Estate Agents, the Register of Licensed Business Agents or the Register of Conveyancing Agents: (a) the date on which the agent's licence was granted or last renewed; (b) if the name of the licensed agent is not the name under which the licensed agent carries on business as an agent – the name under which the licensed agent carries on business; (c) the contact address of the licensed agent; (d) if the licensed agent is a company or firm – the name of each business manager of the company or firm; (e) if the licensed agent is a company – the name of each director of the company; (f) if the licensed agent is a firm – the name of each partner of the firm. 21 Prescribed particulars for Register of Agents' Representatives – section 109 The following are prescribed particulars about a registered agent's representative for recording in the Register of Agents' Representatives: (a) the date on which the certificate of registration of the agent's representative was issued; (b) the contact address of the registered agent's representative; (c) the following details about the licensed agent by whom the registered agent's representative is employed: (i) the name of the licensed agent; (ii) if the name of the licensed agent is not the name under which the licensed agent carries on business as an agent – the name under which the licensed agent carries on business; (iii) the office address of the licensed agent.

Part IV Miscellaneous Agents Licensing Regulations 1979 10 22 Notification of change in particulars (1) If either of the following events happen in relation to a licensed agent, the licensed agent must give written notice about the event to the Registrar within the 14 days after the event happens: (a) the name of the licensed agent changes; (b) a change occurs in any of the prescribed particulars mentioned in regulation 20(b), (c), (e) or (f). Maximum penalty: 10 penalty units. (2) If either of the following events happen in relation to a registered agent's representative, the registered agent's representative must give written notice about the event to the Registrar within the 14 days after the event happens: (a) the registered agent's representative's name changes; (b) a change occurs in any of the prescribed particulars mentioned in regulation 21(b) or (c). Maximum penalty: 10 penalty units. (3) A notification of a change of name under this regulation must be accompanied by evidence of the change of name in accordance with subregulation (4). (4) Evidence of a change of name is: (a) for a change of an individual's name: (i) for a change of name as a result of marriage – a marriage certificate issued by the Registrar of Births, Deaths and Marriages showing the new name; or (ii) in any other case – a certificate of change of name issued by the Registrar of Births, Deaths and Marriages; or (iii) other documentation the Board considers to be satisfactory evidence of the change of name; or (b) for a change of a company name – a certificate of registration issued by ASIC showing the new name; or

Part IV Miscellaneous Agents Licensing Regulations 1979 11 (c) for a change of a registered business name – a copy of an entry in the Business Names Register provided by ASIC under section 60 of the Business Names Registration Act 2011 (Cth) showing the new name; or (d) in any other case – documentation the Board considers to be satisfactory evidence of the change of name. (5) If a notification under subregulation (1)(b) relates to a new director of a company, the notification must be accompanied by the documents specified in regulation 6(b) for the director. (6) If a notification under subregulation (1)(b) relates to a new partner of a firm, the notification must be accompanied by the documents specified in regulation 6(c) for the partner. (7) Subregulations (5) and (6) do not apply if the director or partner is a licensed agent or registered agent's representative. 22A Regulatory offences An offence of contravening or failing to comply with regulation 15 or 22 is a regulatory offence. 23 Prescribed fees The fees set out in Schedule 2 are prescribed fees for the purposes of the Act. 24A Persons and organisations to be consulted regarding proposed rules of conduct The following persons and organisations are prescribed for section 64A(1)(a) of the Act: (a) the Australian Competition and Consumer Commission established under the Competition and Consumer Act 2010 (Cth); (b) the Australian Securities and Investments Commission continued in existence by the Australian Securities and Investments Commission Act 2001 of the Commonwealth; (d) the Law Society Northern Territory established by the Legal Profession Act 2006; (e) the Australian Institute of Conveyancers; (f) Chamber of Commerce Northern Territory.

Part V Infringement notices Agents Licensing Regulations 1979 12 25 Rules of conduct For section 127(1)(j) of the Act: (a) the rules of conduct for all agents are as set out in Schedule 4, Part 1; and (b) additional rules of conduct for conveyancing agents are as set out in Schedule 4, Part 2. Part V Infringement notices 26 Service of infringement notice for infringement offence If an inspector reasonably believes a person has committed an infringement offence, the inspector may serve a notice (an infringement notice) on the person. 27 Contents of infringement notice (1) The infringement notice must state the following particulars: (a) the name and address of the alleged offender, if known; (b) the date of the infringement notice; (c) the date, time and place of the infringement offence; (d) a description of the infringement offence and the prescribed amount payable for the offence; (e) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the alleged offender may expiate the infringement offence and avoid further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after service of the notice; (b) the alleged offender may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and serving it on the specified enforcement agency;

Part V Infringement notices Agents Licensing Regulations 1979 13 (c) if the alleged offender does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001 including (but not limited to) action for the following: (i) suspension of the alleged offender's licence to drive; (ii) seizure of personal property of the alleged offender; (iii) deduction of an amount from the alleged offender's wages or salary; (iv) registration of a statutory charge on land owned by the alleged offender; (v) making of a community work order for the alleged offender which may result in imprisonment for the alleged offender if the alleged offender breaches the order. (3) Also, the infringement notice must include the statement of election mentioned in subregulation (2)(b). 28 Payment by cheque If the alleged offender tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation. 29 Withdrawal of infringement notice (1) The Registrar may withdraw the infringement notice by written notice served on the alleged offender. (2) The notice must be served within 28 days after service of the infringement notice but before payment of the prescribed amount. 30 Application of Part (1) This Part does not prejudice or affect the start or continuing of proceedings for an infringement offence unless the offence is expiated. (2) Also, this Part does not prevent more than one infringement notice for the same infringement offence being served on an alleged offender and, to expiate the offence, it is sufficient for the alleged offender to pay the prescribed amount in accordance with any of the notices.

Part V Infringement notices Agents Licensing Regulations 1979 14 (3) In addition, this Part does not: (a) require an infringement notice to be served; and (b) affect the liability of a person to be prosecuted in a court for an infringement offence for which an infringement notice has not been served.

Schedule 2 Prescribed fees Agents Licensing Regulations 1979 15 Schedule 2 Prescribed fees regulation 23

1 Section 5A of the Act – application to the Board for exemption from provisions of Act (other than as part of grant of restricted licence or certificate) – 230 revenue units.

2 Section 26(ab) or 27(ab) of the Act – application for the grant of one of the following: (a) provisional real estate agent's licence; (b) provisional business agent's licence; (c) real estate agent's licence; (d) business agent's licence. Licence period of 1 year – 619 revenue units. Licence period of 3 years – 1 671 revenue units. Licence period of 5 years – 2 785 revenue units.

3 Section 26(ab) or 27(ab) of the Act – application for the grant of one of the following: (a) restricted real estate agent's licence; (b) restricted business agent's licence. Licence period of 1 year – 620 revenue units. Licence period of 3 years – 1 674 revenue units. Licence period of 5 years – 2 790 revenue units.

4 Section 26(ab) or 27(ab) of the Act – application for the grant of one of the following: (a) conveyancing agent's licence; (b) both provisional real estate agent's licence and provisional business agent's licence; (c) both real estate agent's licence and business agent's licence; (d) both restricted real estate agent's licence and restricted business agent's licence.

Schedule 2 Prescribed fees Agents Licensing Regulations 1979 16 Licence period of 1 year – 715 revenue units. Licence period of 3 years – 1 930 revenue units. Licence period of 5 years – 3 217 revenue units.

5 Section 32(2)(d) of the Act – application for renewal of one of the following: (a) provisional real estate agent's licence; (b) provisional business agent's licence; (c) real estate agent's licence; (d) business agent's licence. Licence period of 1 year – 619 revenue units. Licence period of 3 years – 1 671 revenue units. Licence period of 5 years – 2 785 revenue units.

6 Section 32(2)(d) of the Act – application for renewal of one of the following: (a) restricted real estate agent's licence; (b) restricted business agent's licence. Licence period of 1 year – 620 revenue units. Licence period of 3 years – 1 674 revenue units. Licence period of 5 years – 2 790 revenue units.

7 Section 32(2)(d) of the Act – application for renewal of one of the following: (a) conveyancing agent's licence; (b) both provisional real estate agent's licence and provisional business agent's licence; (c) both real estate agent's licence and business agent's licence; (d) both restricted real estate agent's licence and restricted business agent's licence. Licence period of 1 year – 715 revenue units. Licence period of 3 years – 1 930 revenue units. Licence period of 5 years – 3 217 revenue units.

Schedule 2 Prescribed fees Agents Licensing Regulations 1979 17 8 Section 37(ab) of the Act – registration as an agent's representative and issue of certificate of registration: (a) restricted registration: (i) 1 year – 135 revenue units (ii) 3 years – 364 revenue units (iii) 5 years – 607 revenue units; or (b) registration (unrestricted): (i) 1 year – 153 revenue units (ii) 3 years – 413 revenue units (iii) 5 years – 688 revenue units.

9 Section 43A of the Act – application for renewal of registration as an agent's representative: (a) restricted registration: (i) 1 year – 135 revenue units (ii) 3 years – 364 revenue units (iii) 5 years – 607 revenue units; or (b) registration (unrestricted): (i) 1 year – 153 revenue units (ii) 3 years – 413 revenue units (iii) 5 years – 688 revenue units.

10 Section 81(7) of the Act – copy of transcript of evidence at an inquiry held by the Board: (a) $8 per page; or (b) 34 revenue units per disk.

Schedule 3 Scheme relating to trust money of corporation manager or body corporate manager Agents Licensing Regulations 1979 18 Schedule 3 Scheme relating to trust money of corporation manager or body corporate manager regulation 16A

In this Schedule: body corporate means: (a) a corporation under the Unit Titles Act 1975; or (b) a body corporate under the Unit Title Schemes Act 2009. body corporate manager means: (a) a corporation manager under the Unit Titles Act 1975; or (b) a body corporate manager under the Unit Title Schemes Act 2009.
Notwithstanding section 50 of the Act, section 35(1) of the Unit Titles Act 1975 or the management module under the Unit Title Schemes Act 2009, a body corporate manager may open an account at an ADI in the Territory for the purpose of dealing with trust money received in respect of each corporation that has agreed that its money can be dealt with under Scheme 1 or Scheme 2. SCHEME 1
An account opened pursuant to Scheme 1: (a) shall only contain money of corporations; (b) shall be operated so that, on any one day, a notional credit or deficit for each corporation may be readily ascertained; (c) shall be operated so that, in respect of each corporation, the crediting or paying of interest in accordance with the instructions of the corporation can be readily checked by the Board; and (d) shall be operated under a name approved by the Board.
An account opened pursuant to Scheme 1 shall first be audited one month after it is opened and then at intervals of not more than 6 months or such longer periods as may be authorized by the Board.
Surplus money in an account opened pursuant to Scheme 1 may be invested in such manner as trust funds may be invested under the Trustee Act 1893.

Schedule 3 Scheme relating to trust money of corporation manager or body corporate manager Agents Licensing Regulations 1979 19 SCHEME 2 6. An account opened pursuant to Scheme 2 shall be operated so that on any one day, a notional credit for each corporation may be readily ascertained. 7. Interest from an account opened pursuant to Scheme 2 shall be paid to the Fund.

Schedule 4 Rules of conduct Agents Licensing Regulations 1979 20 Schedule 4 Rules of conduct regulation 25 Part 1 – General Rules

An agent must not advise the agent's client on matters in which the agent is not trained or qualified.
An agent must advise the agent's client to seek advice from a solicitor who specialises in conveyancing concerning the appropriate course of action where, in a transaction, there are substantial legal complexities.
An agent must not give an undertaking without the approval of the agent's client and must fulfil all conditions of an undertaking given in the course of a transaction to another agent or to a solicitor.
An agent must, in the investigation of a matter that may be grounds for revocation of a licence under section 68 of the Act or that may be the subject of an inquiry to be held by the Board, co-operate with the Board, the Registrar, an inspector and the Commissioner of Police.
Subject to any other specific rules of conduct, a real estate or business agent must have due regard to and comply with: (a) rules of real estate practice published or approved by the Real Estate Institute of the Northern Territory; and (b) guidelines concerning fair trading practices issued by the Trade Practices Commission.
In a transaction for the purchase and sale of land, an agent must not act in the capacity of conveyancer for the buyer of the land, whether or not for reward, if: (a) the agent acted for the seller of the land in the capacity of a real estate agent; or (b) the agent has a financial connection with the real estate agent involved in the transaction.
An agent must ensure that the agent has a thorough knowledge of the practices and procedures of government offices relevant to transactions in which the agent may be involved with a client, in addition to a knowledge of the Act, the regulations, these rules and other relevant legislation as in force from time to time.
An agent must not breach any provision of the Act or the regulations.

Schedule 4 Rules of conduct Agents Licensing Regulations 1979 21 9. An agent must not, except where required to do so under a law of the Territory, use any material or information acquired by the agent in the course of acting for a client in a manner that is prejudicial to the interests of the client without the client's consent. 10. An agent must perform the agent's duties to a client and carry out the lawful instructions of the client. 11. An agent must exercise due skill, care and diligence in carrying out the agent's duties on behalf of a client. 12. An agent must exercise due skill, care and diligence when dealing with any person in the course of conducting business as an agent. Example for rule 12 An agent acting for a vendor must deal with potential purchasers with due skill, care and diligence. 13. An agent who has an interest in, or is likely to obtain an interest in, a transaction entered into on behalf of a client, must disclose the exact nature of the interest to the client. 14. An agent must disclose to a client all material facts and circumstances of everything known to the agent regarding the matter in respect of which the agent is authorised to act as the client's agent. 15. If an agent is of the opinion that a price or other consideration that the client is prepared to accept on the sale of a property may be less than the fair market value of the property, the agent must inform the client of that opinion. 16. An agent must not, except where required to do so under a law of the Territory, disclose without the client's consent, any information related to the affairs of a client obtained by the agent while acting as the client's agent. 17. An agent must not publish an advertisement or other statement that the agent is authorised to sell, or otherwise deal with property without the written authorisation of the owner of the property. 18. An agent must not publish an advertisement or other statement that the agent is authorised to sell property at a price that is higher or lower than the price the client has authorised in writing. 19. An agent must not publish an advertisement or other statement that is false, misleading or likely to deceive a person. 20. An agent must not accept or demand a fee or other payment from a person other than the agent's client in respect of a service performed or to be performed by the agent for a client, being a service in respect of which the agent has received or is entitled to receive payment from the client.

Schedule 4 Rules of conduct Agents Licensing Regulations 1979 22 Part 2 – Additional Rules applicable to Conveyancing Agents

A conveyancing agent shall strictly observe promises and duties in relation to the interest of his or her client and shall be aware that the agent's obligation to his or her client is one of the utmost good faith that requires the agent not to put his or her duty to the client in conflict or in likelihood of conflict with his or her own interests or the interests of any other person.
A conveyancing agent shall perform his or her duties in a diligent and conscientious manner with proper regard to the relationship of principal and agent due to his or her client.
A conveyancing agent may advertise his or her professional qualifications and services but shall not compete for business with another agent or solicitor so that the client may become liable for 2 fees in respect of the same matter.
Subject to any other specific rules of conduct, a conveyancing agent shall have due regard to and comply with: (a) guidelines as to good conveyancing practices issued from time to time by the Board; (b) professional conduct rules as they relate to good conveyancing practice issued by the Law Society Northern Territory.
A conveyancing agent shall not carry on a business of a finance broker, being a person who, as agent and in the course of the agent's business, negotiates or arranges a loan of money for or on behalf of another person.
A conveyancing agent shall, at the same time as the agent presents to the client a form of appointment for signature in accordance with clause 1(1) of Part 2 of the Schedule to the Act, provide a bona fide quote of the cost of the services to be rendered in respect of the particular transaction for which the appointment is to be made. The amount of the cost shall be based on a fair and reasonable fee for the service at the prevailing rate in the Territory.
A conveyancing agent shall ensure that the agent, or a partner or employee of a firm of which the agent is a member does not act for 2 or more parties with conflicting interests in a transaction unless the agent has given notice in writing to all parties to a transaction that the agent is acting for more than one party and that their interests may not be the same. Where a conflict arises between the parties for whom the agent is acting, the agent has an obligation to cease to act for either of them and shall give advice that the parties obtain alternative advice. The agent is entitled to charge a proportional fee until the time when he or she ceased to act for the parties.

Schedule 4 Rules of conduct Agents Licensing Regulations 1979 23 8. A conveyancing agent shall, in the interest of a client, co-operate with and, where possible, assist, other persons involved in a transaction. In this rule: assist includes reporting progress under item 1(a) in Part 1 of the Schedule to the Act and advising the parties and other persons involved of delays or requirements that are incidental to the functions of a conveyancing agent set out in that Part. other persons involved in a transaction includes surveyors and engineers, real estate agents, government officers, solicitors, financial advisers and other conveyancing agents. 9. A conveyancing agent shall be responsible for the supervision and control of the persons, whether or not licensed conveyancing agents, engaged in the conduct of the agent's business and for that purpose: (a) where the licensee of the business is a natural person – the conveyancing agent; or (b) where the licensee of the business is a firm or a body corporate – the principals or the directors who are conveyancing agents, shall spend sufficient time at the office where the business is transacted: (c) to enable supervision of a person conducting the business; and (d) to ensure satisfactory completion of each transaction.

Schedule 8 Infringement offences and prescribed amounts Agents Licensing Regulations 1979 24 Schedule 8 Infringement offences and prescribed amounts regulation 3, definitions infringement offence and prescribed amount Column 1 Offence provision Column 2 Prescribed amount Part A – Offences against Act Sections 47, 48, 51, 56, 119, 120 and 125 1 penalty unit Sections 65E(5) and 121A 2 penalty units Part B – Offences against Regulations Regulation 22 1 penalty unit

ENDNOTES Agents Licensing Regulations 1979 25 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Land and Business Agents Regulations (SL No. 29, 1979) Notified 2 November 1979 Commenced 9 November 1979 (Gaz G45, 9 November 1979, p 2) Amendment of the Land and Business Agents Regulations (SL No. 25, 1980) Notified 11 July 1980 Commenced 11 July 1980 Criminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983) Assent date 28 November 1983 Commenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47, 1983), Gaz G46, 18 November 1983, p 11 and Gaz G8, 26 February 1986, p 5) Amendment of the Land and Business Agents Regulations (SL No. 4, 1984) Notified 14 March 1984 Commenced 14 March 1984 Statute Law Revision Act 1991 (Act No. 31, 1991) Assent date 25 June 1991 Commenced 25 June 1991 Amendments of the Land and Business Agents Regulations (SL No. 36, 1991) Notified 10 July 1991 Commenced 1 January 1992 (r 2, s 2 Land and Business Agents Amendment Act 1990 (Act No. 44, 1990) and Gaz G44, 6 November 1991, p 3) Amendments of Land and Business Agents Regulations (SL No. 41, 1992) Notified 5 August 1992 Commenced 10 August 1992 (r 2, s 2 Land and Business Agents Amendment Act 1991 (Act No. 79, 1991) and Gaz S43, 5 August 1992)

ENDNOTES Agents Licensing Regulations 1979 26 Amendments of Agents Licensing Regulations (SL No. 69, 1992) Notified 9 December 1992 Commenced 1 February 1993 (r 1, s 2 Land and Business Agents Amendment Act 1992 (Act No. 33, 1992) and Gaz G49, 9 December 1992, p 7) Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993) Assent date 31 December 1993 Commenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994) Amendments of Agents Licensing Regulations (SL No. 61, 1996) Notified 19 December 1996 Commenced 19 December 1996 Northern Territory Employment and Training Authority (Consequential Amendments) Act 1999 (Act No. 52, 1999) Assent date 30 November 1999 Commenced 30 November 1999 Amendments of Agents Licensing Regulations (SL No. 53, 2000) Notified 15 November 2000 Commenced 15 November 2000 Amendment of Agents Licensing Regulations (SL No. 1, 2002) Notified 10 April 2002 Commenced 10 April 2002 Statute Law Revision Act 2002 (Act No. 18, 2002) Assent date 7 June 2002 Commenced 7 June 2002 Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002) Assent date 13 September 2002 Commenced 30 October 2002 (Gaz G43, 30 October 2002, p 3) Northern Territory Employment and Training Authority (Consequential Amendments) Act 2002 (Act No. 47, 2002) Assent date 13 September 2002 Commenced 6 November 2002 (s 2, s 2 Northern Territory Employment and Training Authority Amendment Act 2002 (Act No. 46, 2002) and Gaz G44, 6 November 2002, p 2) Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004) Assent date 7 January 2004 Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8) Amendment of Agents Licensing Regulations (SL No. 6, 2005) Notified 23 March 2005 Commenced 23 March 2005 Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005

ENDNOTES Agents Licensing Regulations 1979 27 Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007) Assent date 17 May 2007 Commenced s 10: 1 July 2007; rem: 17 May 2007 (Gaz G26, 27 June 2007, p 3) Agents Licensing Amendment Regulations 2007 (SL No. 31, 2007) Notified 26 September 2007 Commenced 26 September 2007 Statute Law Revision Act 2008 (Act No. 6, 2008) Assent date 11 March 2008 Commenced 11 March 2008 Revenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008) Assent date 30 June 2008 Commenced pt 1, ss 3, 12(1), 18 and 19: 1 January 2008; ss 7, 10 and 11(1): 6 May 2008; rem: 1 July 2008 (s 2) Unit Title Schemes Act 2009 (Act No. 14, 2009) Assent date 26 May 2009 Commenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C): 1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2, Gaz S30, 26 June 2009, p 1, s 2 Land Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008) and Gaz S30, 26 June 2009, p 1) Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) Notified 14 December 2009 Commenced 1 January 2010 (r 2) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010 (Act No. 41, 2010) Assent date 8 December 2010 Commenced 1 January 2011 (Gaz S71, 20 December 2010) Business Names (National Uniform Legislation Act 2012 (Act No. 8, 2012) Assent date 27 April 2012 Commenced pts 3 and 4: 28 May 2012 (proclamation F2012L00891: 19 April 2012) ; rem: 27 April 2012 (s 2) Health Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17, 2012) Assent date 22 May 2012 Commenced 1 July 2012 (s 2) Agents Licensing Amendment Regulations 2013 (SL No. 30, 2013) Notified 1 August 2013 Commenced 1 August 2013

ENDNOTES Agents Licensing Regulations 1979 28 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Red Tape Reduction (Miscellaneous Amendments) Act 2016 (Act No. 12, 2016) Assent date 10 May 2016 Commenced 1 July 2016 (Gaz G26, 29 June 2016, p 2) Agents Licensing Amendment Regulations 2016 (SL No. 37, 2016) Notified 2 August 2016 Commenced 2 August 2016 Supreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017) Assent date 5 September 2017 Commenced 22 November 2017 (Gaz S84, 21 November 2017, p 1) Agents Licensing Amendment Regulations 2019 (SL No. 24, 2019) Notified 25 September 2019 Commenced 25 September 2019 Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019) Assent date 6 November 2019 Commenced pts 2 and 3: 11 December 2019 (Gaz G50, 11 December 2019, p 2); rem: 7 November 2019 (s 2) Statute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5, 2022) Assent date 14 April 2022 Commenced pt 7:25 May 2023 (Gaz G11, 25 May 2023, p 2); rem: 25 May 2022 (Gaz G21, 25 May 2022, p 1) Trade, Business and Asian Relations Legislation Amendment (Streamlining Licensing Schemes and Other Matters) Act 2026 (Act No. 2, 2026) Assent date 9 February 2026 Commenced 10 February 2026 (s 2) 3 SAVINGS AND TRANSITIONAL PROVISIONS r 13 Amendments of Agents Licensing Regulations (SL No. 69, 1992) 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 17, 24A and 27 and sch 1. 5 LIST OF AMENDMENTS r 1 sub No. 41, 1992, r 3 r 3 amd No. 69, 1992, r 3 sub No. 31, 2007, r 3 amd Act No. 8, 2012, s 30; Act No. 12, 2016, s 32; No. 24, 2019, r 4

ENDNOTES Agents Licensing Regulations 1979 29 pt II div 1 hdg amd No. 53, 2000, r 1 rep Act No. 5, 2022, s 31 r 4 amd No. 41, 1992, r 11 rep No. 53, 2000, r 2 r 5 amd No. 53, 2000, r 3 rep Act No. 5, 2022, s 31 pt II div 2 hdg sub No. 31, 2007, r 4 r 6 amd No. 41, 1992, r 11; No. 53, 2000, r 4 sub No. 31, 2007, r 4 amd Act No. 12, 2016, s 33 r 6A ins No. 41, 1992, r 4 amd No. 69, 1992, r 4 rep No. 31, 2007, r 4 r 7 rep No. 53, 2000, r 5 ins No. 31, 2007, r 4 rep Act No. 5, 2022, s 31 r 8 sub No. 53, 2000, r 5; No. 31, 2007, r 4 amd Act No. 12, 2016, s 34; Act No. 5, 2022, s 32 pt II div 3 hdg sub No. 31, 2007, r 4 rep Act No. 5, 2022, s 33 r 9 amd No. 25, 1980; No. 41, 1992, rr 5 and 11; No. 61, 1996, r 2; Act No. 52, 1999, s 5 sub No. 31, 2007, r 4 rep No. 24, 2019, r 5 rr 9A – 9C ins No. 61, 1996, r 3 rep No. 31, 2007, r 4 r 10 amd No. 41, 1992, r 11; No. 61, 1996, r 4 sub No. 31, 2007, r 4; No. 24, 2019, r 5 rep Act No. 5, 2022, s 33 rr 10AA – 10AB ins No. 61, 1996, r 6 rep No. 31, 2007, r 4 r 10AC ins No. 61, 1996, r 6 amd Act No. 47, 2002, s 6 rep No. 31, 2007, r 4 pt II div 3A hdg ins No. 36, 1991, r 3 rep No. 31, 2007, r 4 r 10A ins No. 36, 1991, r 3 amd No. 1, 2002 rep No. 31, 2007, r 4 pt II div 4 hdg rep Act No. 5, 2022, s 33 r 11 amd No. 41, 1992, r 11 rep Act No. 5, 2022, s 33 r 12 amd No. 69, 1992, r 5 rep Act No. 5, 2022, s 33 r 14 amd No. 69, 1992, r 6; No. 31, 2007, rr 5 and 20; Act No. 2, 2026, s 10 r 15 amd No. 31, 2007, r 6 r 16 amd No. 31, 2007, r 20 r 16A amd No. 36, 1991, r 4 pt IIIA hdg ins No. 36, 1991, r 5 sub No. 31, 2007, r 7 r 16B ins No. 36, 1991, r 5 sub No. 31, 2007, r 7

ENDNOTES Agents Licensing Regulations 1979 30 r 16C ins No. 36, 1991, r 5 amd No. 69, 1992, r 7 rep No. 31, 2007, r 7 r 16D ins No. 36, 1991, r 5 rep No. 31, 2007, r 7 r 17 amd No. 53, 2000, r 6; Act No. 1, 2004, s 63; Act No. 44, 2005, s 35; Act No. 7, 2007, s 16; No. 31, 2007, r 8; Act No. 40, 2010, s 202; Act No. 17, 2012, s 55; Act No. 8, 2016, s 45; Act No. 18, 2017, s 36 r 17A ins No. 31, 2007, r 9 r 18 amd No. 69, 1992, r 8; No. 31, 2007, r 10; Act No. 2, 2026, s 11 r 20 amd No. 41, 1992, r 11 sub No. 31, 2007, r 11 amd Act No. 6, 2008, s 4 r 21 sub No. 31, 2007, r 11 amd Act No. 6, 2008, s 4 r 22 sub No. 31, 2007, r 11 amd Act No. 8, 2012, s 30 r 22A ins Act No. 68, 1983, s 140 amd No. 69, 1992, r 9; No. 31, 2007, r 20 r 24 sub No. 69, 1992, r 10 amd No. 31, 2007, r 20 rep Act No. 5, 2022, s 33 r 24A ins No. 6, 2005 amd Act No. 7, 2007, s 16; Act No. 41, 2010, s 30 r 25 rep Act No. 31, 1991, s 15 ins No. 41, 1992, r 6 amd Act No. 33, 2019, s 21 pt V hdg ins No. 31, 2007, r 12 rr 26 – 30 ins No. 31, 2007, r 12 sch 1 amd No. 41, 1992, rr 7 and 11; No. 69, 1992, r 11; Act No. 84, 1993, s 6; No. 53, 2000, r 7; No. 31, 2007, rr 13 and 20; Act No. 23, 2008, s 21; Act No. 14, 2009, s 180 rep Act No. 5, 2022, s 33 sch 2 amd No. 4, 1984 sub No. 36, 1991, r 6 amd No. 41, 1992, r 8 sub No. 69, 1992, r 12; No. 31, 2007, r 14; No. 34, 2009, r 4 amd No. 30, 2013, r 3 sub Act No. 12, 2016, s 35 amd No. 37, 2016, r 3; No. 24, 2019, r 6; Act No. 2, 2026, s 12 sch 3 ins No. 36, 1991, r 7 amd No. 41, 1992, rr 9 and 11; Act No. 38, 2002, s 7; Act No. 14, 2009, s 181 sch 4 ins No. 41, 1992, r 10 amd Act No. 18, 2002, s 7; Act No. 33, 2019, s 22 sch 4A ins No. 31, 2007, r 15 rep No. 24, 2019, r 7 sch 4B ins No. 31, 2007, r 15 amd Act No. 23, 2008, s 21 rep No. 24, 2019, r 7 sch 5 ins No. 61, 1996, r 6 amd No. 31, 2007, r 16; Act No. 23, 2008, s 21; Act No. 14, 2009, s 182 rep No. 24, 2019, r 7 sch 6 ins No. 61, 1996, r 6 rep No. 31, 2007, r 17 sch 7 ins No. 61, 1996, r 6 sub No. 31, 2007, r 18; No. 24, 2019, r 7 rep Act No. 5, 2022, s 33 sch 8 ins No. 31, 2007, r 19

1 AGENTS LICENSING REGULATIONS 1979

The Regulations deploy several recurring legal and administrative concepts to implement the Act. Each concept is defined or given operational force in the text and connects to compliance duties:

Documentary vetting for licensing and registration. Applications are document-driven: testimonial (r 17), identity evidence (r 17A), national police certificates and a statutory declaration verifying statements in the application (r 6 and r 8). The testimonial concept requires signatories to have known the applicant at least 12 months and not be a relation (r 17(1)(a)-(b)). The Board approves the testimonial form (r 17(1)).
Trust money audit regime. The Regulations integrate with the Act’s audit Division (Division 3 of Part V of the Act) and set first-audit and cessation-audit timeframes (r 13, r 14). Audits are treated as confidential; auditors are prohibited from disclosing information obtained in conducting an audit except in limited circumstances (r 15(1)-(2)). There is an audit exemption where a licensed agent did not hold trust money during the prescribed period and files a statutory declaration within two months after that period (r 16(1)-(2)).
Prescribed schemes for pooled trust accounts used by corporation managers. Schedule 3 prescribes Scheme 1 (segregated notional credits, interest crediting arrangements, Board-approved account name, first audit after one month, then at intervals of not more than six months; surplus investible under Trustee Act 1893) and Scheme 2 (notional credits per corporation, interest paid to the Fund) (sched 3 cl 3-7). The Schedule expressly disapplies certain Unit Titles Act or Unit Title Schemes Act constraints to permit these accounts (sched 3 cl 2).
Delegated responsibilities and joint and several liability where the licensee is a company or firm. Regulation 18 renders requirements that attach to a licensed agent also applicable, jointly and severally, to business managers, employees or directors/partners who are licensed agents for the business. This is a mechanism to ensure individual accountability within corporate or partnership structures (r 18).
Administrative disclosure by the Board. Regulation 19 permits the Board to disclose portions of auditor reports and documents to a person with a sufficient interest and to permit auditors engaged by licensed agents to inspect documents delivered to the Board or Registrar (r 19(1)-(2)).
Conduct rules. Schedule 4 articulates prescriptive rules: agents must not give professional advice beyond their training (sch 4 Pt 1 cl 1), must recommend legal advice in complex conveyancing matters (cl 2), must avoid undisclosed conflicts (cl 6, 13, sch 4 Pt 2 cl 7), and must not publish misleading advertising (sch 4 Pt 1 cl 17-19). Conveyancing agents face additional obligations including quoting bona fide costs at appointment and not acting where conflicts exist without written notice to all parties (sch 4 Pt 2 cl 6-7).
Infringement offences and civilised enforcement. The Regulations adopt an expiation model for specified offences: inspectors may serve infringement notices (r 26); notices must advise the alleged offender of expiation and election rights under the Fines and Penalties (Recovery) Act 2001 (r 27(2)), and the prescribed amounts are set out in Schedule 8.
Fee and cost-shifting mechanism. Schedule 2 sets a detailed fee schedule for applications and renewals in revenue units, including multiple licence types and durations (sched 2 items 2-7, 8-9). Fees establish up-front costs to enter or remain in the market and vary by licence type and term.

These concepts are implemented by the Regulations through time limits, documentary standards, monetary fees and penalties, auditing requirements, prescribed account operations for certain trust arrangements, and formal rules of conduct. Each of those operational choices allocates administrative burdens between applicants/licensees, auditors, the Board and the Registrar.

The Regulations create obligations and procedures that touch a defined set of actors. Concrete affected parties and their roles are:

Licence applicants and licensed agents. Individuals, firms and companies applying for or holding licences as real estate agents, business agents or conveyancing agents must comply with document requirements, statutory declarations, notify changes in particulars and pay prescribed fees (r 6, r 20, r 22, Schedule 2). Applicants must provide national police certificates and testimonials (r 6, r 8).
Agents' representatives. Registered agent’s representatives must lodge applications with the Registrar and supply testimonials, identity documents and national police certificates; they must notify changes in prescribed particulars within 14 days (r 8, r 21, r 22(2)).
Company directors, partners and business managers. Where a licence is held by a company or firm, regulation 18 imposes joint and several obligations on licensed business managers, employees and directors/partners who are licensed agents. New directors or partners must provide the same documents required under r 6(b)/(c) when notified to the Registrar (r 22(5)-(6)).
Auditors. Auditors conducting audits under the Act and these Regulations are subject to confidentiality obligations including a civil penalty (maximum 100 penalty units) for improper disclosure (r 15). Auditors may, however, make reports required by the Act, disclose information for legal proceedings arising from such reports, disclose to the Board, or disclose with consent (r 15(2)).
Board and Registrar. The Board is empowered to receive statutory declarations, make directions on auditing periods (r 13), disclose information to persons with sufficient interest (r 19), approve testimonial forms and other documentary matters (r 17, r 3 definitions), and authorise longer audit intervals for Scheme 1 accounts (sched 3 cl 4). The Registrar receives and records applications and notifications and may withdraw infringement notices (r 29).
Inspectors and enforcement agencies. Inspectors may serve infringement notices where they reasonably believe an infringement offence has occurred (r 26). The infringement notice must specify the enforcement agency to which the prescribed amount is payable (r 27(1)(e)). Enforcement mechanisms under the Fines and Penalties (Recovery) Act 2001 may then follow (r 27(2)(c)).
Body corporate and corporation managers. The Regulations specifically affect body corporate managers and corporation managers who handle trust money: Schedule 3 prescribes two schemes allowing them to open accounts at authorised deposit-taking institutions within the Territory and to operate those accounts with notional credits for each corporation (sched 3 cl 2-7).
Conveyancing agents. Additional prescriptive duties apply to conveyancing agents (Schedule 4 Part 2), including obligations to provide cost quotes, restrictions on acting where they previously acted for sellers, and supervision obligations (sch 4 Pt 2 cl 1-9).
Third parties with a "sufficient interest". The Board may disclose portions of auditor reports and other documents to persons the Board judges to have a sufficient interest in moneys or securities (r 19(1)).

Who pays and bears compliance costs: applicants and licensees pay application and renewal fees in Schedule 2; licensees pay auditing costs and potentially indemnity insurance unless exempted under r 16B for employees; auditors (or licensed agents) absorb time and report costs; body corporate managers may incur different account administration costs depending on whether they adopt Scheme 1 (more frequent audits, interest crediting) or Scheme 2 (interest to the Fund) (sched 3).

The Regulations create discrete duties, timeframes and rights enforceable under the Act. The principal duties and rights are as follows, with specific references:

Documentary and vetting duties on applicants

Applicants (individuals, company directors, partners, agent representatives) must supply testimonials in the Board-approved form, documents evidencing identity per r 17A, and national police certificates (r 6(a)-(c), r 8(b)(i)-(iii)). A statutory declaration verifying statements must accompany applications (r 6(d), r 8(b)(iv)). Registered representatives must lodge applications with the Registrar (r 8(a)).

Audit duties and related rights

Licensed agents must have their accounting records relating to trust moneys audited in accordance with Division 3 of Part V of the Act. New licensees’ first audit timing is adjusted where they commenced business within the three months preceding 30 June (r 13). Agents who cease business must, within two months of ceasing, cause an audit of trust moneys from the last audit date or commencement to the cessation date (r 14(1)). Personal representatives of deceased agents have the same two-month duty (r 14(2)). Agents who did not hold trust money during the period may be exempt from audit if they deliver a statutory declaration within two months after the period (r 16(1)-(2)).

Confidentiality duties on auditors and rights to disclosure

Auditors must not disclose audit information except via reports required by the Act or Regulations, in legal proceedings arising from such reports, to the Board, or with consent (r 15(1)-(2)). The Board may disclose parts of auditor reports and documents to persons with a sufficient interest (r 19(1)), and may permit licensed-agent-engaged auditors to inspect documents delivered to the Board or Registrar (r 19(2)).

Notification duties and penalties

Licensed agents and registered representatives must notify the Registrar, in writing, within 14 days of specified changes in particulars (r 22(1)-(2)). Failure to comply carries a maximum penalty of 10 penalty units (r 22(1)-(2)). Notifications of changes of name must be accompanied by evidentiary documents (r 22(3)-(4)). Notifications relating to new directors or partners must include the documents specified in r 6(b)/(c), unless those persons are already licensed agents or registered representatives (r 22(5)-(6)).

Conduct obligations

Schedule 4 imposes conduct duties: do not advise outside training (sch 4 Pt 1 cl 1); recommend legal advice where necessary (cl 2); disclose interests and material facts to clients (cl 13-15); avoid publishing false or misleading advertisements (cl 17-19); and specific duties for conveyancing agents including quoting costs at appointment (sch 4 Pt 2 cl 6) and avoiding acting for multiple conflicting parties unless written notice is given (cl 7).

Insurance exemption and duties

Agents who are employees of another agent are exempt from the Act’s indemnity insurance requirement under s 108B(2) for the duration of that employment (r 16B).

Infringement rights and procedures

Inspectors may serve infringement notices when an inspector reasonably believes an infringement offence occurred (r 26). The infringement notice must contain specified particulars and inform the alleged offender they may expiate the offence by payment within 28 days or elect to have the matter dealt with by a court under the Fines and Penalties (Recovery) Act 2001 (r 27(1)-(2)). The Registrar may withdraw an infringement notice within 28 days and before payment (r 29).

Regulation 20 and 21 prescribe the particulars to be recorded in the Register of Licensed Agents and the Register of Agents' Representatives respectively, including licence issue/renewal dates, contact addresses, names of business managers, directors or partners, and employer licensed agent details for representatives (r 20(a)-(f), r 21(a)-(c)).

Fees and charge rights

Schedule 2 prescribes fees for applications, renewals and certificates of registration, expressed in revenue units for different licence types and terms. Those fees are payable in the application/renewal process (sched 2 items 1-10).

These duties and rights assign concrete obligations to applicants, licensees, firm principals, auditors and the Board, and define administrative rights such as the Board’s discretion to disclose documents and inspectors’ power to issue infringement notices.

The Regulations specify criminal and civil administrative penalties, and set out the enforcement process for infringement offences. The regime relies on penalty units and the Fines and Penalties (Recovery) Act 2001 for recovery and enforcement of unpaid expiation amounts.

Penalties specified in the Regulations

Auditor confidentiality breach: regulation 15(1) imposes a maximum penalty of 100 penalty units for an auditor who discloses information obtained in conducting an audit, subject to exceptions in r 15(2).
Notification breaches: regulation 22(1) and (2) set maximum penalties of 10 penalty units for failure by a licensed agent or registered agent’s representative to notify the Registrar within 14 days of prescribed changes in particulars.
Infringement offence prescribed amounts: Schedule 8 lists infringement offences and prescribed amounts expressed in penalty units. For example, many offences against the Act (ss 47, 48, 51, 56, 119, 120 and 125) attract 1 penalty unit; ss 65E(5) and 121A attract 2 penalty units; regulation 22 (failure to notify) is in Part B with a prescribed amount of 1 penalty unit (sched 8 Part A and Part B).

Infringement notice procedure and enforcement machinery

Inspectors may serve infringement notices where they reasonably believe an infringement offence has occurred (r 26). An infringement notice must include prescribed particulars, including the offence description, prescribed amount and enforcement agency to whom payment is payable (r 27(1)(d)-(e)).
The notice must state the alleged offender may expiate the offence by paying the prescribed amount to the specified enforcement agency within 28 days, or may elect to have the matter dealt with by a court under s 21 of the Fines and Penalties (Recovery) Act 2001 by completing and serving a statement of election (r 27(2)(a)-(b)). The notice must include the statement of election (r 27(3)).
The notice must warn that failure to act may lead to enforcement under the Fines and Penalties (Recovery) Act 2001, including mechanisms such as licence suspension, seizure of property, deduction from wages, registration of a statutory charge on land, and community work orders (r 27(2)(c)(i)-(v)).
Payment by cheque is not effective until the cheque is cleared on first presentation (r 28).
The Registrar may withdraw an infringement notice by written notice served on the alleged offender within 28 days after service and before payment (r 29).

Procedural limits and continuation of prosecution options

Part V clarifies the expiation regime does not prejudice or affect the commencing or continuation of proceedings for an infringement offence unless the offence is expiated (r 30(1)). Multiple infringement notices for the same offence may be served; expiation via payment under any of the notices is sufficient (r 30(2)). The Part does not require service of an infringement notice and does not prevent prosecution in court where no notice has been served (r 30(3)).

Enforcement agency interactions

The infringement notice must specify the enforcement agency as defined in the Fines and Penalties (Recovery) Act 2001 (r 27(1)(e)), which prescribes the recovery and enforcement options listed in r 27(2)(c). The Regulations therefore channel enforcement into the Territory’s general fines recovery system.

Sanctions outside infringement regime

The Regulations also create other formal consequences: for instance, auditors and the Board have roles that may prompt inquiries under the Act; Schedule 4 conduct breaches could feed into disciplinary processes under the Act though the Regulations themselves make the rules; and r 15(2)(b) contemplates legal proceedings arising from auditor reports.

The enforcement architecture thus blends administrative sanctions (expiation, infringement notices, civil recovery methods), statutory penalties in penalty units, and the Act’s broader disciplinary and legal processes. The Regulations rely on standard enforcement mechanisms in Territory law by integrating the Fines and Penalties (Recovery) Act 2001 and assigning specified penalties for non-compliance with notification and confidentiality requirements.

The Regulations contain multiple express cross-references to Territory and Commonwealth legislation and allocate administrative interactions accordingly. Primary cross-links and their operational effects are:

Business and identity systems

Registered business name. Regulation 3 defines "registered business name" by reference to the Business Names Registration Act 2011 (Cth). Regulation 22(4)(c) requires evidence of change of a registered business name as a copy of an entry in the Business Names Register provided by ASIC under s 60 of that Commonwealth Act. This imports a federal corporate identity record into the Territory registration process.
Identity and testimonial authorities. Regulation 17 specifies who may sign testimonials and includes persons authorised under the Oaths, Affidavits and Declarations Act 2010, and other officers; r 17A lists acceptable identity documents including passports and driver's licences. The Oaths, Affidavits and Declarations Act 2010 is invoked for who may administer oaths and sign testimonials (r 17(1)(a)(i)). The Training and Skills Development Act 2016 is referenced in the definition of "registered training organisation" (r 3 definitions) for any training-related references.

Trust and unit-title regimes

Unit Titles Acts. Schedule 3 permits body corporate managers (as defined by the Unit Titles Act 1975 and the Unit Title Schemes Act 2009) to open ADI accounts for dealing with trust money, notwithstanding section 50 of the Act, section 35(1) of the Unit Titles Act 1975, or management modules under the Unit Title Schemes Act 2009 (sched 3 cl 2). Schedule 3 therefore creates a Territory-prescribed carve-out to allow specific account structures for corporation managers while referencing those national Territory Acts.
Trustee Act 1893. Schedule 3 cl 5 allows surplus money in Scheme 1 accounts to be invested in such manner as trust funds may be invested under the Trustee Act 1893, bringing that Act’s investment rules to bear on surplus fund investment decisions for corporation manager accounts.

Administrative enforcement frameworks

Fines and Penalties (Recovery) Act 2001. The infringement notice process in rr 26-30 is explicitly linked to the Fines and Penalties (Recovery) Act 2001: r 27(1)(e) requires the notice to specify the enforcement agency as defined in that Act; r 27(2)(b) notifies alleged offenders of their election rights under s 21 of that Act; and r 27(2)(c) lists enforcement actions available under that Act. The Regulations therefore defer to the Territory’s general fines recovery apparatus for enforcement of expiation amounts and collections.

Federal economic and regulatory agencies and consultation obligations

Commonwealth regulators are prescribed consultees for proposed rules of conduct under s 64A(1)(a) of the Act (r 24A). The list includes the Australian Competition and Consumer Commission (Competition and Consumer Act 2010 (Cth)) and the Australian Securities and Investments Commission (Australian Securities and Investments Commission Act 2001 (Cth)), integrating national consumer and corporate regulatory considerations into Territory rule-making.

Court and legal processes

Regulation 15(2)(b) contemplates disclosure of audit information in or for the purpose of legal proceedings arising out of an audit report. Regulation 27 permits election for court proceedings under the Fines and Penalties (Recovery) Act 2001. These provisions mean the Regulations’ administrative processes can feed into civil and criminal litigation in Territory courts.

Licensing and professional regulation

The Regulations reference the Act extensively and also cross-reference the Legal Profession Act 2006 indirectly via the Law Society Northern Territory (r 24A(d)) for consultation on rules of conduct. The Health Practitioner National Law and Teachers Registration Act are referenced in r 17(1)(xiii)-(xv) as categories of persons who may sign testimonials.

Operational effects of these interactions

The Regulations require applicants and licensees to interact with federal registers (ASIC/Business Names Register), national agencies (police certificates, ACCC, ASIC), Territory fines recovery systems, and unit-title and trustee legislation when handling certain trust funds. That means compliance spans multiple statutory regimes and record repositories. The Regulations do not displace these laws but specify how Territory licensing machinery interlocks with them.

The Regulations include an Endnotes section that lists historical amendments and commencement dates from their origin in 1979 to the current reprint as at 10 February 2026. Chronology and notable instrument-level changes are as follows:

Original instrument and early amendments. The original instrument was notified as the Land and Business Agents Regulations (SL No. 29, 1979), notified 2 November 1979 and commenced 9 November 1979. Amendments followed in 1980 (SL No. 25, 1980), 1984 (SL No. 4, 1984) and several rounds through the 1990s and 2000s (e.g. SL No. 36, 1991; SL No. 69, 1992; Act No. 84, 1993; SL No. 61, 1996; SL No. 53, 2000).
Series of statutory revisions. Statute Law Revision Acts and related formal amendments occurred in 1991, 2002, 2005, 2008 and 2019 (Endnotes 2 and 4 reference Statute Law Revision Act 1991, 2002, 2005 and 2008; Statute Law Revision and Repeals Act 2019). These primarily adjusted formal provisions and cross-references.
Transitional and consequential regime updates. The Endnotes record multiple Acts that caused consequential amendments, for example the Local Government (Consequential Amendments) Act 1993, Northern Territory Employment and Training Authority-related Acts (1999 and 2002), Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003, Legal Profession (Consequential Amendments) Act 2007, Unit Title Schemes Act 2009, and others. Those instruments caused amendments to reflect changes in related regulatory frameworks and agency names.
Fee and conduct changes. Schedule 2 and Schedule 4 underwent updates at various times, including the insertion of fee amendments (Fees and Charges Amendment Regulations 2009) and revisions to rules of conduct (sch 4 ins No. 41, 1992; amended by Act No. 18, 2002; Act No. 33, 2019, s 22 per endnotes).
Recent amendments and reprint. The reprint is as in force 10 February 2026. The Endnotes list the Trade, Business and Asian Relations Legislation Amendment (Streamlining Licensing Schemes and Other Matters) Act 2026 (Act No. 2, 2026), which received assent 9 February 2026 and commenced 10 February 2026 (Endnotes 2). The Agents Licensing Amendment Regulations 2019 (SL No. 24, 2019) and Agents Licensing Amendment Regulations 2016 (SL No. 37, 2016) are among the recent subordinate instruments noted. The Endnotes provide a detailed table of which specific regulations and schedules were amended by which instrument, including insertion and repeal notes.
Savings, formal amendments and reprints. The Endnotes 3 and 4 mention savings and transitional provisions and general amendments of a formal nature effected by the Interpretation Legislation Amendment Act 2018. The list of amendments at the end of the reprint maps specific regulation numbers to amending instruments and dates.

For practice, the important signals from the amendment history are: the Regulations have been actively maintained and periodically updated to align with changes in related Territory and Commonwealth laws, fees and administrative structures; Schedule 3 (corporation manager trust schemes) was inserted in 1991 and has been amended since; the most recent legislative instrument noted in the Endnotes is the 2026 Act listed above, which is recorded as commencing 10 February 2026.

The Regulations themselves do not name or summarise any judicial decisions. The text contains several references to legal proceedings and court processes without citing cases. Concrete litigation-related provisions and their operational implications are:

Auditors and legal proceedings. Regulation 15(2)(b) expressly contemplates disclosure of audit information "in or for the purpose of any legal proceedings arising out of such a report or instituted in connection with a trust account of the licensed agent to whom the information relates." This anticipates auditors’ reports being used as evidence in litigation but does not catalogue any cases.
Infringement notices and court election. Regulation 27(2)(b) informs alleged offenders of the right to elect under s 21 of the Fines and Penalties (Recovery) Act 2001 to have an infringement matter dealt with by a court instead of under the fines recovery Act. That procedural right creates a clear path to judicial determination where a person chooses to contest an infringement, but the Regulations do not specify appellate pathways or case law.
Continuation of prosecution. Regulation 30(1) states the Part does not prejudice or affect starting or continuing proceedings for an infringement offence unless the offence is expiated, indicating that more formal prosecution in Territory courts remains available even where administrative expiation is possible.
Potential evidential use of Board documents. Regulation 19(1) gives the Board authority to disclose parts of auditor reports and other documents to persons with a sufficient interest. Those documents could be used in subsequent legal proceedings by the person who receives them, subject to the confidentiality limits in r 15 and the Board's discretion.
No cases named. The Regulations do not reference or summarise any judicial decisions or precedent. There is therefore no litigation history recorded in the instrument itself for practitioners to rely upon.

Practical implications for litigators and compliance advisers

Where disputes arise they will proceed under Territory court rules and the Fines and Penalties (Recovery) Act 2001 procedures when an alleged offender elects for court determination. Auditors’ reports and statutory declarations that the Board holds are discoverable under the permissions in r 19 and r 15(2)(b), and can form the basis for evidence in litigation. Any legal strategy will need to take into account the confidentiality duty on auditors and the Board’s discretion to disclose.
Because the Regulations do not provide case law, practitioners must look to Territory and higher court jurisprudence for precedents on matters such as the standard for "reasonable belief" in inspection and service of infringement notices, or interpretations of conduct rules in Schedule 4. That jurisprudence is not supplied in the Regulations.

The Regulations contain practical traps for the unwary; these are specific compliance risks that frequently generate implementation errors.

Document and timing mismatches

Identity documentation expiry window. Regulation 17A allows passports or photographic driver’s licences that are current or expired within 2 years before the date of application. Applicants or advisers might wrongly assume only "current" documents suffice; the Regulations expressly permit recently expired documents (r 17A(a)-(b)). However the Board retains discretion to accept "other documentation" it considers satisfactory (r 17A(c)), so inconsistency is possible unless planners verify acceptability with the Board in advance.
Statutory-declaration deadlines for audit exemptions and cessation audits. Agents who did not hold trust money during an audit period must deliver a statutory declaration within 2 months after the end of that period to claim the audit exemption (r 16(1)). Likewise, an agent who ceases business must cause an audit within 2 months after cessation (r 14(1)), and a personal representative must cause an audit within two months after death (r 14(2)). Late filing can expose the licensee to audit and potential penalties.

Joint and several obligations for corporate licensees

Regulation 18 makes obligations applicable to the corporate or firm licensee read as jointly and severally imposed on business managers, employees or directors/partners who are licensed agents. That can surprise directors who assume corporate separation shields them from individual compliance obligations (r 18). Where a company is the licence-holder, its directors who are licensed agents individually carry the same duties for the business.

Audit confidentiality penalty severity

Auditors are subject to a maximum penalty of 100 penalty units for improper disclosure of audit information (r 15(1)). That is a high-stakes confidentiality duty; auditors should be fully familiar with exceptions (r 15(2)) before disclosing any audit-related material.

Notification evidence requirements and additional documentary burdens

A notification of change of name must be accompanied by evidence of change (r 22(3)-(4)); for company name change, ASIC certificate of registration is required (r 22(4)(b)); for registered business name, a Business Names Register entry is required (r 22(4)(c)). If a notification relates to a new director or partner, the notification must be accompanied by the documents specified in regulation 6(b)/(c) unless that person is already a licensed agent or registered representative (r 22(5)-(6)). Failing to provide the accompanying documents can render the notification defective and expose the licence-holder to the 10 penalty unit maximum.

Conflicts and conveyancing agent limits

Schedule 4 Pt 1 cl 6 and Pt 2 cl 7 restrict conveyancing agents from acting for buyers where they acted for sellers or have financial connections with the real estate agent involved. Conveyancers who do not appreciate the breadth of "financial connection" or fail to provide the written notices required when acting for multiple parties can face disciplinary consequences under the Act’s inquiry mechanisms (sch 4 Pt 2 cl 7).

Choice between Scheme 1 and Scheme 2 for body corporate managers

Schedule 3 offers two distinct schemes with operational consequences: Scheme 1 requires accounts to be operated with notional credits and regular audits (first audit after 1 month, then at no more than six-month intervals, unless Board authorises longer) and allows surplus money to be invested under the Trustee Act 1893 (sched 3 cl 3-5). Scheme 2 requires notional credits and directs interest to the Fund (sched 3 cl 6-7). Selecting the wrong scheme or failing to operate the account in accordance with the scheme (including Board approval of account names) could be treated as non-compliance.

Infringement notice nuances

An alleged offender has 28 days to pay the prescribed amount to expiate the offence (r 27(2)(a)), and the Registrar may withdraw an infringement notice within 28 days but only before payment (r 29). Multiple notices for the same offence may be served and payment under any is sufficient (r 30(2)). Payment by cheque is not final until cleared on first presentation (r 28). These procedural specifics can be technical traps for respondents and advisors.

Fee schedule expressed in revenue units

Schedule 2 fees are expressed in revenue units and vary significantly by licence type and term (sched 2). Practitioners must translate revenue units to dollar amounts at the relevant rate at the time of application. Relying on outdated conversions or failing to budget for higher multi-year fees (e.g. 3-year vs 1-year licences) can cause delays.

Board discretion and unspecific Board approvals

Several provisions vest the Board with discretion (e.g. approval of testimonial form in r 17, accepting "other documentation" as satisfactory evidence of identity in r 17A(c), authorising longer audit intervals for Scheme 1 in sched 3 cl 4, and disclosing documents to persons with "sufficient interest" in r 19). Because the Regulations leave these matters to Board discretion, applicants and licensees face uncertainty unless they obtain decisions or pre-approvals from the Board.

Regulatory offences classification

Regulation 22 contravention and failure to comply with r 15 are listed as regulatory offences (r 22A). Practitioners must recognise that regulatory offences may attract different enforcement or proof standards compared with other offences in the Act.

This section translates regulatory obligations into practical, source-grounded steps and checklists for applicants, licensed agents, conveyancing agents, corporate license-holders, auditors and Registrar-facing processes. Citations are to the primary provisions.

For licence applicants (individuals, companies, firms) , pre-application checklist (r 6)

Testimonials: obtain a testimonial in the Board-approved form signed by a person who has known the applicant for at least 12 months and who is not a relation; the signatory must be one of the prescribed classes (see r 17(1)(a)-(c) and list at r 17(1)(c)(i)-(xvi)). Ensure proof the signatory is in that class is available.
Identity evidence: provide an Australian or overseas passport current or expired within two years before the application date, or an Australian photographic driver’s licence current or expired within two years, or other documentation the Board accepts (r 17A(a)-(c)).
National police certificate: obtain a current national police certificate for each relevant individual (r 6(a)(iii), (b)(iii), (c)(iii); r 8(b)(iii)).
Statutory declaration: prepare and sign a statutory declaration verifying all statements in the application and accompanying documents (r 6(d); r 8(b)(iv)). For company/firm applicants, a director or partner must make the declaration as applicable.
Fee payment: determine the required fee from Schedule 2 for the licence type and term and pay it with the application (Schedule 2 items 2-7). Convert revenue units to relevant dollar amounts at the current revenue unit rate.
Lodgement: submit the application and documents to the Registrar as required (r 8(a) for agent representatives; r 6 implies similar Board/Registrar processes for licences).

For registered agent’s representatives (r 8, r 21)

Same documentary requirements as above (testimonial, identity evidence, national police certificate, statutory declaration) (r 8(b)(i)-(iv)).
Register particulars: be prepared for the Registrar to record the date of certificate issuance and contact address and employer licensed agent details (r 21(a)-(c)).

For licensed agents continuing business (audits, registers, notifications)

Audits: schedule audits in accordance with Division 3 of Part V of the Act; note first-audit settings where the agent commenced within three months before 30 June (r 13). If you cease business, ensure an audit of trust records is conducted within two months after cessation (r 14(1)). Personal representatives must comply within two months after death (r 14(2)).
Audit exemptions: if no trust money was received or held during the audit period, deliver a statutory declaration within two months after the end of the period asserting that fact to claim exemption (r 16(1)-(2)).
Records for corporation manager trust schemes: if you are a body corporate manager and intend to use Schedule 3 Scheme 1 or Scheme 2, open accounts at an ADI in the Territory and operate per the chosen scheme’s requirements. For Scheme 1, ensure notional credits by corporation are ascertainable daily, Board-approved account name, first audit after one month then at six-month intervals unless the Board authorises longer (sched 3 cl 3-5). For Scheme 2, ensure notional credits ascertainable and understand interest will go to the Fund (sched 3 cl 6-7).
Notification of changes: notify the Registrar in writing within 14 days of changes in prescribed particulars (see r 20 and r 21 lists) including name changes, contact address changes, new directors or partners, and supply required evidence (r 22(1)-(6)). For director or partner changes, include the documents required under r 6(b)/(c) unless the person is already a licensed agent or registered representative (r 22(5)-(6)).
Maintain conduct standards: follow Schedule 4 rules of conduct in daily practice (disclose conflicts, avoid unauthorised conveyancing, do not publish false advertising, provide cost quotes for conveyancing appointments, supervise staff, etc.) (sched 4 Pt 1 & Pt 2).

For companies, firms and their directors/partners (r 18)

Recognise joint and several obligations: ensure that business managers, employees or directors/partners who are licensed agents understand they individually carry the same obligations to do or refrain from acts in relation to the business (r 18).
Board approvals and forms: liaise with the Board in respect of testimonial forms, account naming under Schedule 3 Scheme 1 and any requests for authorisation to lengthen audit intervals (r 17; sched 3 cl 3-4).

For auditors (r 14, r 15, r 19)

Confidentiality compliance: do not disclose audit information except under the permitted exceptions in r 15(2). Understand the maximum penalty for unauthorised disclosure (100 penalty units) and that disclosures appropriate in reports, legal proceedings arising out of reports, to the Board, or with the person’s consent are permitted.
Reporting and access: be prepared to deliver audit reports as required by the Act and to cooperate with Board or Registrar processes; the Board may permit auditors engaged by licensed agents to inspect and copy documents delivered to the Board or Registrar (r 19(2)).

For responding to infringement notices (rr 26-30)

Check the notice contents: verify the notice states the offence, prescribed amount, date/time/place, name/address of alleged offender, and the enforcement agency (r 27(1)). The notice must include the statement of election under the Fines and Penalties (Recovery) Act 2001 (r 27(2)(b), r 27(3)).
Response options: within 28 days after service, either pay the prescribed amount to the specified enforcement agency to expiate the offence (r 27(2)(a)) or elect to have the matter dealt with by a court under s 21 of the Fines and Penalties (Recovery) Act 2001 by submitting the statement of election (r 27(2)(b)). If the notice is withdrawn by the Registrar within 28 days and before payment, note the withdrawal (r 29).
Payment mechanics: if paying by cheque, understand the payment is not final until the cheque clears on first presentation (r 28).

Administrative and governance steps for Boards and Registrars

Ensure record-keeping for registers precisely records prescribed particulars (r 20-21). Implement processes to accept and check testimonial forms and identity documents per r 17 and r 17A.
Consultation requirements: when proposing rules of conduct, consult the prescribed list of persons and organisations in r 24A, including ACCC, ASIC, Law Society NT, Australian Institute of Conveyancers and Chamber of Commerce NT.

Operational risk management notes

Maintain processes to obtain and track national police certificates for all required individuals, to capture testimonial signatories who meet the r 17 criteria, and to ensure statutory declarations are ready to claim audit exemptions or verify application statements.
For corporate licensees, track director and partner changes and have a template package to produce required documents under r 6(b)/(c) for timely notification under r 22(5)-(6).
For body corporate managers choosing a Schedule 3 scheme, document internal accounting procedures to maintain notional credits and audit-ready reconciliations daily, and ensure the Board approves the account name where required.

Following these steps, with explicit references to the cited regulations, will place applicants and licensees in a position to meet documentary, audit, notification and conduct obligations specified in the Regulations.

AGENTS LICENSING REGULATIONS 1979

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AGENTS LICENSING REGULATIONS 1979

Source text: opening excerpt

1 AGENTS LICENSING REGULATIONS 1979

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How it interacts with other laws

Amendment history

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