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.
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