Estate Agents Act 1980

1 Short title and commencement 1

Part I—Introduction 2

4 Definitions 2

5 Act not to apply to Government Departments etc. 18

Part IIB—Administration 24

7 Function of Authority 24

8 Powers of Authority to enter into agreements 24

9 Functions of Director 24

10 Powers of Director to enter into agreements 25

11 Delegation by Director 26

11A Delegation by Secretary 26

Part III—Licences 27

12 Estate agents to be licensed 27

13 Agents' representatives 28

13A Estate agents to be responsible for the acts of their representatives 29

13B Auctioneers of real estate 29

14 Eligibility to obtain licence 30

15 Licensing of corporations 34

16 Eligibility for employment as an agent's representative 36

16B Offence to aid unqualified person to be an agent's representative 41

16C Transitional provision concerning former sub‑agents 41

17 Application for estate agent's licence 42

19 Certain documents to be lodged by particular corporations 45

19A Consent to disclosure of information 47

20 Application to be referred to Director and Chief Commissioner 48

20A Provision of information for the purposes of this Act 48

21 Grant and effect of licence 49

21A Conditions of licence 52

21B Endorsement of licence 52

22 Automatic cancellation of licence on bankruptcy etc. 52

22A Delay of effect of certain convictions 54

23 Annual licence fee and statement 55

24 Extension of time 56

24A Failure to comply with section 23 56

24B If details given in application or annual statement change 56

24C No application for 2 years after refusal 57

24D Lost licence 57

25 Inquiries into estate agents 57

28 Inquiries into agents' representatives 59

28A Determination of Tribunal on inquiry 60

29 Cancellation of licences in other cases 61

29A Suspended and cancelled licences must be returned 63

29B Duties of agents and officers in effective control 63

29C Offence to procure contravention of section 29B 64

30 Management of estate agency office 65

30A Absence of estate agent or branch manager 67

31 Effect of disqualification 68

31A Person involved in Fund claim may regain licence etc. in exceptional circumstances 68

31B Bankrupt person may be allowed limited right to hold licence etc. 70

31C Person with criminal record may be allowed limited right to hold licence etc. 72

31CA Corporation may be allowed to hold licence despite disqualifying factors 73

31D Authority may impose conditions 75

31E Disability etc. of licensed estate agent 76

32 Application for review 77

33 The Register 78

35 Registered address 82

Part IV—Agents and agents' representatives 85

37M Mandatory continuing professional development activities 85

38 Offence to pretend to be a licensed estate agent 86

41 Production of licence by agent 86

42 Advertising 86

43 Franchising agreements 88

44 Persons not to be employed by agents 89

47 Authorization of agents' representatives 91

47A Seller must be given estimated selling price 92

47AB Estimated selling price must be reasonable 92

47AC Determination of estimated selling price 93

47AD Director may issue guidelines 94

47AE Revision of estimated selling price 95

47AF Statements of information 96

47B False representation to seller or prospective seller 99

47C False representation to prospective purchaser 99

47D Director may require substantiation 103

48 Notice of commission sharing must be given 105

48A Agent must not retain any rebate 106

48B Rebates must be factored into costs of expenses 107

48C Treatment of non-monetary rebates 108

48D Repeated breaches within 12 months 108

48E Right of recovery of rebates 109

49A Offence not to give certain information about commission 109

50 Commission 112

51 Statement concerning finance only to be given if finance promised 114

52 Statement to be given on sale of small business 121

53 Copy of contract etc. to be delivered to person signing 123

53A Exemption concerning the Legal Profession Act 2004 124

54 Default time limit on sole agency agreements 125

55 Restriction on agent purchasing property 125

55A Prohibition on charging or retaining of commission 128

56 Certain commissions illegal 129

56A Power of Director to investigate disputes 129

56B Powers of Tribunal in relation to disputes 130

Part V—Builders and subdividers of land 131

57 Representation etc. by builders and subdividers of land 131

Part VI—Accounts, audit and monitoring of estate agency business 133

Division 1—Accounts and audit 133

58 Definitions 133

58A Agents licensed interstate 135

59 Trust money 135

59A Unidentified trust money 139

60 Secretary's power to enter into arrangements with financial institutions 139

62 Liability of principal for certain acts etc. of agents' representatives 141

63 Duty to keep accounts of trust money received etc. 141

63A Director's supervisory role in audits 144

64 Annual audit of trust accounts 145

64A Audit ordered by Director 149

64B Audit where estate agent's business ceased during financial year 150

65 Variation of date of audit 152

66 Qualified auditors 153

67 Non-disclosure by auditors 156

68 Right of persons beneficially interested to obtain information 156

69 Agents having no accounts to audit 157

Division 2—Monitoring of estate agency business 158

70 Definitions 158

70A Production of identity card 158

70B Accounts and other documents available for inspection and audit 159

70C Estate agent to produce documents and answer questions 159

70D Third parties to produce documents and answer questions relating to estate agent's business 159

70E Ministers, police and public authorities to produce information to inspectors 160

70F Certain other specified persons or bodies to produce information 161

70G Powers on production of documents 161

70H Order requiring supply of information and answers to questions 162

70I Entry or search with consent 163

70J Entry without consent or warrant 165

70K Search warrants 166

70L Announcement before entry 168

70M Details of warrant to be given to occupier 168

70N Seizure of things not mentioned in the warrant 169

70O Embargo notice 169

70P Copies of seized documents 170

70Q Retention and return of seized documents or things 170

70R Magistrates' Court may extend 3 month period 171

70S Requirement to assist inspector during entry 172

70T Refusal or failure to comply with requirement 172

70U Protection against self-incrimination 172

70V Offence to give false or misleading information 173

70W Application of provisions relating to inspections 173

70WA Powers of court if requirement to produce information not complied with 173

70X Service of documents 174

70Y Confidentiality 174

Part VII—Victorian Property Fund 176

71 Definitions 176

72 Victorian Property Fund 177

73 Moneys constituting Fund 177

75 Payments out of Fund 179

76 Application of excess money in Fund 184

79 Application of Fund 188

80 Right to claim in respect of pecuniary loss 188

81 Claims against the Fund 190

83 Power of Secretary to require production of securities 192

84 Subrogation of Secretary to rights etc. of claimant upon payment from Fund 192

86 Provision where Fund insufficient to meet payment out of it 192

87 Secretary may enter into contract of insurance or indemnity for purposes of Act 193

88 Application of insurance moneys 194

89 Freezing of trust accounts of defaulting agents 194

90 Deficiency in trust account 196

91 Wrongful conversion and false accounts 196

Part VIII—Miscellaneous 200

92 Certificate as evidence 200

92A Registrar may waive fees 200

92B Verification of details supplied to the Authority 200

92C Complaints concerning estate agents etc. are privileged 200

93 Furnishing incorrect particulars 201

93A Application of Australian Consumer Law and Fair Trading Act 2012 201

94 Offences 202

94A Profit to be forfeited in case of unlicensed trading etc. 203

95 Prosecutions 203

95A Power to serve a notice 204

95B Form of notice 205

95E Further proceedings concerning infringement notices 205

96 Applications and notices in the case of corporation 205

97 Saving of contracts and civil liability 206

97A Protection for things done under this Act 206

98 Retention of documents 207

98A Offence to destroy documents required by the Act 207

99 Regulations 208

Part IX—Transitional and savings 214

Division 1—Consumer Affairs Legislation Amendment Act 2010 214

101 Rural branch manager's licence 214

102 Authorised financial institutions 214

Division 2—Police and Justice Legislation Amendment (Miscellaneous) Act 2016 215

103 Certificates given under section 16 215

Division 3—Justice Legislation Miscellaneous Amendment Act 2018 215

104 Rebate statements 215

Division 4—Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024 216

105 Estate Agents Council abolished 216

Division 5—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 217

106 Definitions 217

107 Records of agent's representatives' eligibility for employment 217

108 Registration of agents' representatives 217

109 Transitional regulations—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 219

Endnotes 221

1 General information 221

2 Table of Amendments 223

3 Explanatory details 236

Version No. 134

Estate Agents Act 1980

No. 9428 of 1980

Version incorporating amendments as at

An Act to re-enact with amendments the Law relating to Estate Agents and Sub-agents.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title and commencement

(1) This Act may be cited as the Estate Agents Act 1980.

(2) The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

S. 2 repealed by No. 41/1987 s. 103(Sch. 4 item 17.1).

Part I—Introduction

S. 3 repealed by No. 10087 s. 4(1)(Sch. 2).

S. 4 amended by No. 72/2001 s. 3(Sch. item 7.2) (ILA s. 39B(1).

4 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

S. 4(1) def. of accounting records inserted by No. 10028 s. 4(a), amended by No. 86/1994 s. 5(a), substituted by No. 44/2001 s. 3(Sch. item 39.1(a)).

accounting records has the same meaning as financial records has in the Corporations Act;

S. 4(1) def. of agent's representative inserted by No. 86/1994 s. 5(b).

agent's representative means any person—

(a) who is not a licensed estate agent but who—

(i) is employed by, or who acts for or by arrangement with, a licensed estate agent; or

(ii) is a director, member or officer of a corporation that is a licensed estate agent; and

(b) who performs for that estate agent any of the functions of an estate agent (other than work ordinarily performed by clerks, cashiers or accountants)—

regardless of whether his or her remuneration is by way of salary, wages, commission or otherwise;

S. 4(1) def. of approved auditor inserted by No. 41/2003 s. 12(1)(d), amended by Nos 63/2010 s. 35(1)(a), 36/2011 s. 3, 1/2021 s. 137.

approved auditor means a person who—

(a) is a member of CPA Australia, the Institute of Public Accountants or Chartered Accountants Australia and New Zealand; and

(b) meets the requirements of one of those bodies to practise as a public accountant;

S. 4(1) def. of approved industry association inserted by No. 52/1998 s. 66(a), amended by Nos 41/2003 s. 12(1)(a), 1/2010 s. 4(2), 50/2014 s. 30.

approved industry association means—

(a) The Real Estate Institute of Victoria Limited ACN 004 210 897;

(b) the Australian Livestock & Property Agents Association Limited ACN 096 142 880;

(c) any other industry association approved by the Minister by notice published in the Government Gazette;

S. 4(1) def. of approved names inserted by No. 10028 s. 4(a), repealed by No. 86/1994 s. 5(c).

S. 4(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 24.1(a)).

authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;

S. 4(1) def. of authorised financial institution inserted by No. 1/2010 s. 4(1).

authorised financial institution means a financial institution that—

(a) was an authorised financial institution for the purposes of section 60 immediately before section 30 of the Estate Agents (Amendment) Act 1994 came into operation; or

(b) has entered into an arrangement with the Secretary under section 60(1);

S. 4(1) def. of authorised investment inserted by No. 38/1993 s. 5(1), amended by Nos 11/2001 s. 3(Sch. item 24.1(b)(i)–(iv)), 44/2001 s. 3(Sch. item 39.1(b)).

authorised investment means—

(a) a term deposit, debenture or deposit stock of an authorised deposit-taking institution;

(b) a document issued by an authorised deposit-taking institution—

(i) relating to money which has been deposited with the authorised deposit-taking institution; and

(ii) which recognises an obligation to pay a stated amount to bearer or to order with or without interest; and

(iii) which (with or without endorsement) confers by delivery the right of the holder to receive that stated amount with or without interest;

(c) a loan to the Treasurer repayable on demand;

(d) a stock, bond, debenture or other security of the Commonwealth or of the State or of any public statutory body constituted under a law of the Commonwealth or of the State which is guaranteed by the Commonwealth or the State;

(e) a deposit with an eligible money market dealer within the meaning of the Corporations Act;

(f) a bill of exchange which—

(i) at the time of acquisition has a maturity date of no more than 200 days; and

(ii) if purchased for value confers on the holder in due course a right of recourse against an authorised deposit-taking institution as the acceptor or indorser of the bill for an amount equal to the face value of the bill;

(g) an investment approved, or included in a class of investments approved, for the time being by the Treasurer as an authorised investment, or class of authorised investments, for the purposes of this Act (whether or not of a kind similar to a kind of investment referred to in a preceding paragraph);

S. 4(1) def. of Authority inserted by No. 86/1994 s. 5(d), substituted by No. 52/1998 s. 66(b).

Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;

S. 4(1) def. of bank inserted by No. 38/1993 s. 5(1), repealed by No. 11/2001 s. 3(Sch. item 24.1(c)).

S. 4(1) def. of Board repealed by No. 86/1994 s. 5(c).

S. 4(1) def. of books inserted by No. 10028 s. 4(b), amended by Nos 86/1994 s. 5(e), 44/2001 s. 3(Sch. item 39.1(c)).

books has the same meaning as in the Corporations Act;

S. 4(1) def. of branch manager amended by No. 86/1994 s. 5(f).

branch manager means a person permitted by section 30 to manage a branch office;

S. 4(1) def. of branch office substituted by No. 10028 s. 4(c).

branch office means an office in which the business of a licensed estate agent is conducted other than a principal office;

S. 4(1) def. of business amended by No. 10028 s. 4(d).

business means any hotel business, boarding-house business, storekeeper's business, manufacturing business, professional business, service business or any trading business whatsoever, and includes any share or interest in or concerning any stock goodwill or other property or assets included in any transaction relating to a business;

S. 4(1) def. of business day substituted by No. 63/2010 s. 35(2).

business day means a day that is not—

(a) a Saturday or a Sunday; or

(b) a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993;

S. 4(1) def. of Chief Executive Officer inserted by No. 9925 s. 2(a), repealed by No. 86/1994 s. 5(c).

commission includes fees charges reward or other remuneration whether monetary or otherwise;

S. 4(1) def. of Council inserted by No. 86/1994 s. 5(g), repealed by No. 17/2024 s. 9.

S. 4(1) def. of CPA Australia inserted by No. 41/2003 s. 12(1)(d).

CPA Australia means CPA Australia A.C.N. 008 392 452;

S. 4(1) def. of declared corporation amended by No. 9/2002 s. 3(Sch. item 6.1(a)), repealed by No. 1/2010 s. 4(4)(a).

S. 4(1) def. of Director inserted by No. 86/1994 s. 5(h), substituted by Nos 52/1998 s. 66(c), 17/1999 s. 32, amended by No. 21/2012 s. 239(Sch. 6 item 16.1).

Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

S. 4(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 7.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 21.1).

domestic partner of a person means—

(a) a person who is in a registered relationship with the person; or

(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i) for fee or reward; or

(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

S. 4(1) def. of employ amended by No. 86/1994 s. 5(i).

employ (in relation to the employment of any person as an agent's representative) includes not only directly employ but also by any arrangement or any means whatsoever engage induce or permit any person to act as an agent's representative, and the derivatives of employ have a corresponding interpretation;

S. 4(1) def. of employer's copy repealed by No. 86/1994 s. 5(c).

S. 4(1) def. of estate agent or agent amended by Nos 10028 s. 4(e), 41/2003 s. 12(1)(b)(i)(ii).

estate agent or agent means any person (whether or not he carries on any other business) who exercises or carries on or advertises or notifies or states that he exercises or carries on or that he is willing to exercise or carry on or in any way holds himself out to the public as ready to undertake the business of—

(a) selling buying exchanging letting or taking on lease of or otherwise dealing with or disposing of;

(b) negotiating for the sale purchase exchange letting or taking on lease of or any other dealing with or disposition of;

(c) collecting rents for—

any real estate or business on behalf of any other person;

estate agent's licence means a valid and unexpired estate agent's licence under this Act;

S. 4(1) def. of externally administered body corporate inserted by No. 46/2025 s. 28(1)(a).

externally administered body corporate means a Chapter 5 body corporate as defined by section 9 of the Corporations Act;

S. 4(1) def. of externally-administered corporation inserted by No. 86/1994 s. 5(j), substituted as externally-administered body corporate by No. 101/1998 s. 37(1)(a), amended by No. 44/2001 s. 3(Sch. item 39.1(c)), repealed by No. 46/2025 s. 28(1)(b).

S. 4(1) def. of Fund inserted by No. 8/2003 s. 44(a), amended by No. 17/2004 s. 3(b).

Fund means the Victorian Property Fund established under this Act;

S. 4(1) def. of Homes Victoria inserted by No. 40/2022 s. 52.

Homes Victoria means the body corporate established under section 9(2) of the Housing Act 1983;

S. 4(1) def. of insolvent under administration inserted by No. 86/1994 s. 5(j), substituted by No. 101/1998 s. 37(1)(b), repealed by No. 4/2008 s. 32(Sch. item 9).

S. 4(1) def. of inspector inserted by No. 103/2004 s. 35, amended by No. 21/2012 s. 239(Sch. 6 item 16.2).

inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;

letting includes every form of leasing or letting of or granting a licence to use real estate and the function or business of letting includes the collection or receipt of rents by an agent on behalf of his principal whether the agent has or has not let the real estate in question;

S. 4(1) def. of licence amended by No. 86/1994 s. 5(k).

licence means estate agent's licence;

S. 4(1) def. of licensed auctioneer repealed by No. 86/1994 s. 5(l).

licensed estate agent means the holder of an estate agent's licence;

S. 4(1) def. of licensed sub-agent repealed by No. 86/1994 s. 5(l).

S. 4(1) def. of outgoings inserted by No. 10028 s. 4(f).

outgoings means any moneys spent by an estate agent on his principal's behalf for which the estate agent is at common law entitled to be reimbursed;

S. 4(1) def. of owners corporation inserted by No. 69/2006 s. 224(Sch. 3 item 5.1(b)).

owners corporation has the same meaning as it has in the Owners Corporations Act 2006;

Part means Part of this Act;

S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 58.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 4(1) def. of practising public accountant amended by Nos 9699 s. 23, 86/1994 s. 5(m)(i)(ii), 44/2001 s. 3(Sch. item 39.1(d)), repealed by No. 41/2003 s. 12(1)(c).

S. 4(1) def. of principal office amended by No. 1/2010 s. 4(3).

principal office means the office recorded on the register under section 33(3)(g) as the principal office of a licensed estate agent;

S. 4(1) def. of private corporation amended by No. 9/2002 s. 3(Sch. item 6.1(b)).

private corporation means a corporation whose shares are not listed for quotation on any prescribed financial market (as defined in section 9 of the Corporations Act);

S. 4(1) def. of prescribed repealed by No. 48/2018 s. 55.

S. 4(1) def. of professional conduct rules inserted by No. 86/1994 s. 5(n), amended by No. 63/2010 s. 35(1)(b).

professional conduct rules means the regulations made, or deemed to have been made, under section 99(1)(gg);

S. 4(1) def. of publish inserted by No. 41/2003 s. 12(1)(d).

publish means publish by any means, including by publication on the Internet;

real estate includes—

(i) any estate or interest in land or buildings;

(ii) any share or shares in any company limited by shares entitling the holder thereof to the exclusive right to occupy a specified building or part of a building; and

(iii) any goods chattels or other property or assets included in any transaction relating to real estate;

S. 4(1) def. of rebate inserted by No. 41/2003 s. 7.

rebate includes any discount, commission or other benefit;

S. 4(1) def. of record amended by No. 86/1994 s. 5(o), repealed by No. 52/1998 s. 66(d).

S. 4(1) def. of register inserted by No. 52/1998 s. 66(d).

register means the register kept under section 33;

S. 4(1) def. of registered address repealed by No. 86/1994 s. 5(p), new def. of registered address inserted by No. 63/2010 s. 35(3).

registered address means an address recorded in the register as the address for the service of documents and communications of a licensed estate agent;

S. 4(1) def. of registered education and training organisation inserted by No. 41/2003 s. 12(1)(d), substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 17), repealed by No. 63/2010 s. 35(1)(c).

S. 4(1) def. of registered office amended by No. 8/2003 s. 44(b), repealed by No. 63/2010 s. 35(1)(c).

S. 4(1) def. of Registrar inserted by No. 86/1994 s. 5(q), substituted by No. 52/1998 s. 66(e).

Registrar means the Registrar of the Authority appointed under the Business Licensing Authority Act 1998;

regulations means regulations under this Act;

S. 4(1) def. of residence right inserted by No. 17/2004 s. 3(a).

residence right has the same meaning as in the Retirement Villages Act 1986;

S. 4(1) def. of residential property amended by No. 53/1988 s. 45(Sch. 3 item 13) (as amended by No. 47/1989 s. 23(2)), substituted by No. 58/2016 s. 4(a).

residential property means real estate that is used, or intended to be used, for residential purposes but does not include real estate that is used primarily for the purposes of industry, commerce or primary production;

S. 4(1) def. of retirement village inserted by No. 17/2004 s. 3(a).

retirement village has the same meaning as in the Retirement Villages Act 1986;

S. 4(1) def. of rules repealed by No. 86/1994 s. 5(p).

S. 4(1) def. of secretary repealed by No. 9925
s. 2(b), new def. of Secretary inserted by No. 52/1998 s. 66(f), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 71.1), 17/2024 s. 3.

Secretary means the person for the time being holding the office of Secretary to the Department of Government Services under the Public Administration Act 2004;

S. 4(1) def. of sell inserted by No. 86/1994 s. 5(r).

sell includes to sell by auction;

S. 4(1) def. of small business amended by No. 86/1994 s. 5(s).

small business means business the goodwill plant equipment and fittings of which are sold or offered for sale or authorized to be sold at a total price not exceeding $200 000 (or such other amount not exceeding $500 000 that may be prescribed);

S. 4(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 7.1).

spouse of a person means a person to whom the person is married;

S. 4(1) def. of statement of information inserted by No. 58/2016 s. 4(b).

statement of information means a statement prepared under section 47AF;

S. 4(1) def. of stock and station agent repealed by No. 1/2010 s. 4(4)(b).

S. 4(1) defs of sub-agent, sub-agent's licence repealed by No. 86/1994 s. 5(t).

S. 4(1) def. of subdivision body corporate inserted by No. 17/2004 s. 3(a), repealed by No. 69/2006 s. 224(Sch. 3 item 5.1(a)).

S. 4(1) def. of travel agent inserted by No. 10028 s. 4(g).

travel agent means a person solely engaged in the business of making travel arrangements or arranging holiday accommodation;

Treasurer means the Treasurer of Victoria;

S. 4(1) def. of Tribunal inserted by No. 10155 s. 69(1)(a), substituted by Nos 86/1994 s. 5(u), 52/1998 s. 66(g).

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

S. 4(1) def. of working director inserted by No. 86/1994 s. 5(u).

working director means, in relation to a corporation that carries on business as an estate agent, a director of that corporation who is engaged in the estate agency business of that corporation.

S. 4(2) inserted by No. 72/2001 s. 3(Sch. item 7.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 21.2).

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c) a person is not a domestic partner of another person only because they are co-tenants.

S. 4(3) inserted by No. 41/2003 s. 12(2).

(3) A reference in this Act to—

(a) "he or she", "she or he", "him or her" or "her or him" is to be read as including a reference to "it", if the context permits;

(b) "his or her" or "her or his" is to be read as including a reference to "its", if the context permits.

S. 4(4) inserted by No. 41/2003 s. 12(2).

(4) A reference in this Act to "people" includes a reference to bodies corporate and politic, unless the contrary intention appears.

5 Act not to apply to Government Departments etc.

S. 5(1) amended by No. 10028 s. 5(a).

(1) This Act shall not be construed as requiring—

(a) any responsible Minister of the Crown or any Government Department;

S. 5(1)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 17.2), 29/1988 s. 57(5), 44/1988 s. 60(1), 94/1990 s. 40(4), 50/1992 s. 10(Sch. item 3), 130/1993 s. 122(Sch. 4 item 4), 53/1994 s. 34(Sch. 1 item 2), 86/1994 s. 45(a), 110/1994 s. 41(Sch. 1 item 3), 56/1995 s. 68(Sch. 1 item 1), 104/1997 s. 46, 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 9)), 6/2010 s. 203(1) (Sch. 6 item 21) (as amended by No. 45/2010 s. 22), 57/2013 s. 9, 39/2016 s. 32, 49/2019 s 186(Sch. 4 item 19), 40/2022 s. 53(a), 11/2024 s. 91.

(b) Homes Victoria, the Rural Water Corporation, Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010, the Secretary referred to in section 6 of the Conservation, Forests and Lands Act 1987, Generation Victoria, National Electricity, VPX, the Rural Assistance Commissioner;

S. 5(1)(c) amended by Nos 21/1986 s. 4, 12/1989 s. 4 (1)(Sch. 2 item 39.1).

(c) any municipal council or any local authority within the meaning of the Public Contracts Act 1958 as in force immediately before the commencement of the Public Contracts (Repeal) Act 1986;

(d) any other public statutory authority specified for the purposes of this section by Order of the Governor in Council published in the Government Gazette;

S. 5(1)(e) amended by Nos 29/1989 s. 23(a), 17/2004 s. 10(1), 40/2022 s. 53(b).

(e) any person in the exercise of his functions as an officer or employee of the Crown or any Government Department, corporation, council or authority referred to in this subsection or as an agent of Homes Victoria—

to hold a licence under or observe those requirements of this Act which relate to the duties of estate agents.

(2) This Act shall not be construed as requiring—

S. 5(2)(a) amended by No. 55/1987 s. 57(3)(Sch. 5 item 24).

(a) any executor, administrator, trustee, liquidator, official receiver, trustee or assignee of a bankrupt for the purposes of performing his functions exercising his powers or carrying out his duties as such;

S. 5(2)(b)(c) repealed by No. 86/1994 s. 45(b).

S. 5(2)(d) amended by Nos 10168 s. 3, 55/1987 s. 57(3)(Sch. 5 item 25), 45/1994 s. 42(Sch. item 4.1).

(d) any trustee company within the meaning of the Trustee Companies Act 1984 or any officer thereof while bona fide engaged as such officer;

S. 5(2)(e) substituted by Nos 35/1996 s. 453(Sch. 1 item 28.1), 18/2005 s. 18(Sch. 1 item 39.1), amended by No. 17/2014 s. 160(Sch. 2 item 38.1).

(e) any Australian legal practitioner for the purpose only of carrying out the ordinary functions of an Australian legal practitioner;

S. 5(2)(f) substituted by No. 41/2003 s. 13.

(f) any person engaged for the purpose only of auditing accounts under Part VI;

S. 5(2)(g) substituted by No. 10028 s. 5(b).

(g) any person who carries on the business of a travel agent, for the purpose only of carrying out his ordinary functions as a travel agent; or

(h) any class of persons exempted by the regulations—

to hold a licence under or (except in respect of any provision of this Act which is specifically expressed to apply to any class of persons referred to in this subsection) to observe the requirements of this Act.

S. 5(3) amended by Nos 10028 s. 5(c)(i)(ii), 10168 s. 3, 55/1987 s. 57(3)(Sch. 5 item 26), 45/1994 s. 42(Sch. item 4.2), repealed by No. 86/1994 s. 45(b).

S. 5(4)–(6) amended by No. 10028 s. 5(d)–(f), repealed by No. 86/1994 s. 45(b).

S. 5(7) repealed by No. 86/1994 s. 45(b).

S. 5(8) amended by No. 38/1993 s. 6(a), repealed by No. 86/1994 s. 45(b).

S. 5(9) amended by No. 86/1994 s. 45(c).

(9) A person who is one of a class of persons exempted under this section or by the regulations from holding an estate agent's licence and who does not hold an estate agent's licence shall not demand, sue for, recover or retain any commission under this Act or the regulations.

S. 5(10) amended by No. 86/1994 s. 47(a).

(10) This Act shall not be construed as prohibiting any person (not being an estate agent or an agent's representative) from performing any function exercising any power or carrying out any duty which apart from this Act he would have been entitled to perform exercise or carry out under the express authority or permission of any Act.

Pt 2
(Heading and ss 6–11) amended by Nos 9500 s. 2, 9925 ss 3, 4, 9945 s. 3(1)(Sch. 1 item 12), 10028 ss 6(a)–(d), 7, 10155 s. 69(1)(b), 62/1986 s. 4, 29/1989 ss 4, 5, 104/1994 s. 35(Sch. 2 item 1), substituted as Pt 2A (Heading and ss 6–6C) by No. 86/1994 s. 3. amended by Nos 46/1998 s. 7(Sch. 1), 52/1998 s. 67, 41/2003 ss 14, 15, 17/2004 s. 6, 108/2004 s. 117(1) (Sch. 3 item 71.2), 18/2005 s. 18(Sch. 1 item 39.2), 80/2006 s. 26(Sch. item 36), 1/2010 s. 5, 17/2014 s. 160(Sch. 2 item 38.1), 50/2014 s. 31, 1/2021 s. 138, repealed by No. 17/2024 s. 10[1].

Pt 2B
(Heading and ss 7–8A) inserted by No. 86/1994 s. 3, amended by 46/1998 s. 7(Sch. 1), substituted as Pt 2B (Heading and ss 7–11A) by No. 52/1998 s. 68.

Part IIB—Administration

S. 7 substituted by No. 52/1998 s. 68.

7 Function of Authority

The Authority is responsible for administering the licensing provisions of this Act.

S. 8 substituted by No. 52/1998 s. 68.

8 Powers of Authority to enter into agreements

S. 8(1) amended by No. 17/2024 s. 11.

(1) The Authority, with the approval of the Minister, may enter into agreements with approved industry associations.

(2) An agreement under subsection (1)—

(a) may contain such terms and conditions as are determined by the Authority; and

(b) may provide for the performance by an approved industry association of a function of the Authority or a function of the Registrar.

New s. 9 inserted by No. 52/1998 s. 68.

9 Functions of Director

The functions of the Director under this Act are—

(a) to ensure that estate agents and agent's representatives comply with trust account procedures, professional conduct rules and other requirements of this Act and the regulations;

(b) to initiate inquiries before the Tribunal;

(c) to deal with prosecutions, inquiries and complaints under this Act;

S. 9(d) repealed by No. 17/2024 s. 12.

(e) any other functions conferred on the Director by or under this Act.

New s. 10 inserted by No. 52/1998 s. 68.

10 Powers of Director to enter into agreements

S. 10(1) amended by No. 17/2024 s. 13.

(1) The Director, with the approval of the Minister, may enter into agreements with approved industry associations.

(2) An agreement under subsection (1)—

(a) may contain such terms and conditions as are determined by the Director; and

(b) may provide for the performance by an approved industry association of a function of the Director (other than a function under section 56A).

Ss 10A–10D inserted by No. 41/2003 s. 16, repealed by No. 63/2010 s. 36.

New s. 11 inserted by No. 52/1998 s. 68.

11 Delegation by Director

(1) The Director may, by instrument, delegate to—

(a) the Authority; or

(b) the Registrar; or

(c) any person engaged or appointed under section 7(2) or 15 of the Business Licensing Authority Act 1998; or

S. 11(1)(d) substituted by No. 35/2000 s. 46, amended by No. 108/2004 s. 117(1) (Sch. 3 item 71.3).

(d) any person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act; or

(e) any approved industry association—

any function or power of the Director under this Act other than this power of delegation.

S. 11(2) amended by No. 17/2024 s. 14.

(2) The Director must obtain the approval of the Minister before delegating a power or function to an approved industry association under subsection (1).

New s. 11A inserted by No. 52/1998 s. 68.

11A Delegation by Secretary

The Secretary may, by instrument, delegate to the Director any function or power of the Secretary under this Act other than this power of delegation.

Part III—Licences

12 Estate agents to be licensed

S. 12(1) amended by No. 86/1994 s. 6(1).

(1) Subject to this Act an individual shall not either by himself or as a member of a partnership—

(a) exercise or carry on or advertise notify or state that he exercises or carries on or is willing to exercise or carry on the business of an estate agent; or

(b) act as an estate agent; or

(c) in any way hold himself out to the public as ready to undertake for payment or other remuneration (whether monetary or otherwise) any of the functions of an estate agent—

unless he is a licensed estate agent.

1. 500 penalty units or imprisonment for 12 months.

S. 12(2) amended by No. 86/1994 s. 6(2).

(2) Subject to this Act a corporation shall not—

(a) exercise or carry on or advertise notify or state that it exercises or carries on or is willing to exercise or carry on the business of an estate agent; or

(b) act as an estate agent; or

(c) in any way hold itself out to the public as ready to undertake for payment or other remuneration (whether monetary or otherwise) any of the functions of an estate agent—

unless it is a licensed estate agent.

1. 1000 penalty units.

S. 12(3) amended by Nos 38/1993 s. 6(b), 17/2004 s. 10(1).

(3) Where a licensed estate agent does not carry on business as an estate agent otherwise than as an employee of an estate agent—

S. 12(3)(a) amended by No. 86/1994 s. 47(b).

(a) sections 44, 47, 51, 59(6) and 62 shall apply to him as if he were an agent's representative for the purposes of this Act; and

S. 12(3)(b) amended by Nos 86/1994 s. 47(c), 38/2017 s. 84.

(b) sections 25, 29 and 91 shall apply to him as if he were an estate agent for the purposes of this Act.

Ss 12A–12C inserted by No. 41/2003 s. 17, repealed by No. 103/2004 s. 36.

13 Agents' representatives

(1) Subject to this Act—

S. 13(1)(a) repealed by No. 86/1994 s. 7(1)(a).

S. 13(1)(b) amended by No. 86/1994 s. 7(1)(b).

(b) a person shall not be or act as an agent's representative for any person who should be but is not the holder of an estate agent's licence.

S. 13(2) amended by Nos 86/1994 s. 7(c)(i)(ii), 41/2003 s. 18.

(2) Nothing in this Act shall be construed as requiring any agent's representative, so far as he performs for any licensed estate agent any of the functions of an estate agent (other than managing the day to day operation of an estate agency office) and is duly authorized to do so by that agent, to hold an estate agent's licence under this Act.

S. 13A inserted by No. 86/1994 s. 8.

13A Estate agents to be responsible for the acts of their representatives

If an estate agent employs an agent's representative, the estate agent is responsible, in tort and in contract, for any thing done or not done by the agent's representative—

(a) within the scope of the agent's representative's authority; or

(b) for the benefit, or for the purported or intended benefit, of the estate agent or the estate agent's business.

S. 13B inserted by No. 86/1994 s. 8.

13B Auctioneers of real estate

(1) A person must not conduct, or attempt to conduct, an auction for the sale of any real estate or business unless the person is a licensed estate agent or is employed as an agent's representative.

(2) Subsection (1) does not apply—

S. 13B(2)(a) substituted by No. 84/2001 s. 4.

(a) to the following—

(i) any person who sells by auction any Crown land or other Crown property under the authority of the Minister administering the Crown Land (Reserves) Act 1978 or the Minister administering the Planning and Environment Act 1987 or any other competent authority; or

(ii) any sale of property specially ordered by the Governor in Council; or

(iii) any sale ordered by the sheriff by virtue of any writ or process issued out of any court; or

(iv) any sale made by any person acting in obedience to any process issued by any court for the recovery of any fine, penalty, or award or to any other order of a court; or

(v) any sale made by or under any rule, order or decree of the Supreme Court; or

(vi) any sale made by or under the authority of any municipal council; or

(b) to a person who auctions or attempts to auction any real estate or business—

(i) that is wholly or partially owned by the person; or

(ii) gratuitously at the request of a person who wholly or partially owns the real estate or business; or

S. 13B(2)(c) substituted by No. 63/2010 s. 37.

(c) to a person who held an accredited auctioneer's certificate issued by the Authority before section 37 of the Consumer Affairs Legislation Amendment (Reform) Act 2010 came into operation.

S. 13B(3) repealed by No. 52/1998 s. 69.

14 Eligibility to obtain licence

S. 14(1) amended by Nos 10028 s. 8(a), 29/1989 s. 6(1)(a).

(1) A person (other than a corporation) shall not be eligible to be granted an estate agent's licence unless he is not less than eighteen years of age and—

(a) he has—

S. 14(1)(a)(i) amended by Nos 86/1994 s. 9(a), 52/1998 s. 70(1).

(i) passed any courses of instruction or examinations prescribed by the regulations; and

S. 14(1)(a)(ii) amended by No. 29/1989 s. 6(1)(b), repealed by No. 86/1994 s. 9(b).

S. 14(1)(a)(iii) substituted by No. 29/1989 s. 6(1)(c), amended by No. 86/1994 s. 9(c)(d).

(iii) during the 3 years immediately before applying for the licence been engaged in—

(A) full-time employment as an agent's representative for not less than one year or for periods amounting in the aggregate to one year; or

(B) part-time employment as an agent's representative for not less than the equivalent of one year of full-time employment or for periods amounting in the aggregate to the equivalent of one year of full-time employment; or

S. 14(1)(b) amended by No. 86/1994 s. 9(e).

(b) he has within the period of five years immediately preceding his application held an estate agent's licence; or

S. 14(1)(c) inserted by No. 86/1994 s. 9(e), substituted by No. 41/2003 s. 19.

(c) she or he has met any other requirements establishing competency set out in the regulations.

S. 14(2) amended by Nos 29/1989 s. 6(1)(d), 86/1994 ss 9(d)(f), 47(d), repealed by No. 1/2010 s. 6.

S. 14(3) amended by No. 10028 s. 8(b)(i)–(iii), substituted by No. 29/1989 s. 6(1)(e), amended by No. 86/1994 s. 47(d).

(3) Despite subsection (1), a person is eligible to be granted an estate agent's licence if he or she satisfies the Authority that he or she—

(a) has been licensed or otherwise authorised under the laws of another place or country to carry on a business in that place or country for which an estate agent's licence would be required in Victoria; and

(b) has an adequate knowledge of Victorian estate agency law, practice and procedure, including accounting.

S. 14(4) amended by Nos 10028 s. 8(c), 29/1989 s. 6(1)(f), 86/1994 s. 47(d).

(4) A person shall not be treated as having an adequate knowledge of Victorian estate agency law, practice and procedure, including accounting by reason only of the fact that, with the approval of the Authority pursuant to section 30(4), he has managed a branch office.

S. 14(5) amended by Nos 10028 s. 8(h), 86/1994 s. 9(i).

(5) A person—

S. 14(5)(a) amended by No. 10028 s. 8(d).

(a) who is for the time being disqualified under this Act or any corresponding previous enactment from holding an estate agent's licence; or

S. 14(5)(b) amended by No. 10028 s. 8(e).

(b) who is a director or officer of a corporation which is for the time being disqualified under this Act or any corresponding enactment from holding an estate agent's licence or who was a director or officer of that corporation at the date the corporation was so disqualified; or

S. 14(5)(c) amended by Nos 10028 s. 8(f)(i)(ii), 19/1989 s. 16(Sch. item 20.1), 86/1994 s. 9(g), 17/2004 s. 7(2).

(c) in relation to whom any claim has been allowed against the Fund under Part VII or against a corresponding fund established under any corresponding previous enactment; or

S. 14(5)(d) amended by No. 10028 s. 8(g), substituted by No. 86/1994 s. 9(h), amended by Nos 101/1998 s. 37(2), 46/2025 s. 28(2).

(d) who is an insolvent under administration or an externally administered body corporate; or

S. 14(5)(da) inserted by No. 52/1998 s. 70(2), amended by No. 13/2019 s. 221(Sch. 1 item 14.1).

(da) who is a represented person within the meaning of the Guardianship and Administration Act 2019; or

S. 14(5)(e) inserted by No. 86/1994 s. 9(h).

(e) who has, within the last 10 years in Australia or elsewhere, been convicted or had found proven against him or her any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more; or

S. 14(5)(f) inserted by No. 86/1994 s. 9(h).

(f) who is the subject of an order by any regulatory body in or outside Victoria disqualifying him or her from acting as an estate agent or agent's representative (or an equivalent occupation under the jurisdiction of the regulatory body)—

shall not be eligible to be granted an estate agent's licence.

15 Licensing of corporations

S. 15(1) substituted by No. 10028 s. 9(a), amended by No. 41/2003 s. 20(1), substituted by No. 41/2003 s. 21(1).

(1) Subject to this section, a corporation is not eligible to be granted an estate agent's licence, or to hold or to continue to hold an estate agent's licence, unless the corporation has a licensed estate agent acting as the officer in effective control of its estate agency business.

S. 15(1A) inserted by No. 29/1989 s. 7(1)(a), amended by Nos 86/1994 s. 47(e)(i)(ii)
(vii), 72/2001 s. 3(Sch. item 7.3(a)), repealed by No. 41/2003 s. 20(2).

S. 15(1B) inserted by No. 38/1993 s. 4, amended by Nos 86/1994 s. 47(e)(iv), 72/2001 s. 3(Sch. item 7.3(a)), repealed by No. 41/2003 s. 20(2).

S. 15(1C) inserted by No. 86/1994 s. 10(1) amended by Nos 44/2001 s. 3(Sch. item 39.2), 9/2002 s. 3(Sch. item 6.2), repealed by No. 41/2003 s. 20(2).

S. 15(2) amended by Nos 10028 s. 9(b)(c), 86/1994 s. 47(e)(iii)
(v)–(vii), substituted by No. 41/2003 s. 20(2), repealed by No. 103/2004 s. 37.

S. 15(2A) inserted by No. 10028 s. 9(d), amended by Nos 86/1994 s. 47(e)(v)(vii), 72/2001 s. 3(Sch. item 7.3(b)), substituted by No. 41/2003 s. 20(2), repealed by No. 103/2004 s. 37.

S. 15(3) amended by Nos 9500 s. 3(a), 86/1994 s. 47(e)(iii), substituted by No. 41/2003 s. 20(2).

(3) A corporation is not eligible to be granted an estate agent's licence if any of its directors would be ineligible, under section 14(5), to be granted an estate agent's licence as an individual.

S. 15(3A) inserted by No. 9500 s. 3(b), amended by No. 86/1994 s. 47(d), repealed by No. 41/2003 s. 20(2).

S. 15(4) repealed by No. 41/2003 s. 21(2).

S. 15(5) amended by Nos 9500
s. 3(c), 29/1989 s. 7(1)(b), 86/1994
ss 10(2), 47(d), repealed by No. 103/2004 s. 37.

S. 15(6) amended by No. 86/1994 s. 47(d), repealed by No. 103/2004 s. 37.

S. 15(7) inserted by No. 86/1994 s. 10(3), amended by No. 72/2001 s. 3(Sch. item 7.4), repealed by No. 41/2003 s. 21(2).

S. 16 amended by Nos 10028 s. 10(a)–(c), 29/1989
s. 8(a), substituted by No. 86/1994 s. 11.

16 Eligibility for employment as an agent's representative

(1) A person is eligible to be employed as an agent's representative if she or he—

(a) is at least 18 years of age; and

(b) has passed any prescribed courses of instruction or examination; and

(c) has not, within the last 10 years in Australia or elsewhere, been convicted or had found proven against him or her any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more; and

(d) is not an insolvent under administration; and

S. 16(1)(da) inserted by No. 52/1998 s. 71(1), amended by No. 13/2019 s. 221(Sch. 1 item 14.1).

(da) is not a represented person within the meaning of the Guardianship and Administration Act 2019; and

S. 16(1)(e) amended by No. 52/1998 s. 71(2).

(e) is not presently subject to a declaration under section 28A(1)(f) that she or he is ineligible to act as an agent's representative; and

S. 16(1)(f) amended by No. 17/2004 s. 7(2).

(f) has not, in relation to anything she or he has done or not done, had a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; and

(g) is not the subject of an order by any regulatory body in or outside Victoria disqualifying him or her from acting as an agent's representative (or an equivalent occupation under the jurisdiction of the regulatory body).

S. 16(1A) inserted by No. 41/2003 s. 22(1).

(1A) Despite subsection (1), a person remains eligible to be employed as an agent's representative for 30 days after the person—

S. 16(1A)(a) amended by No. 17/2004 s. 7(2).

(a) has, in relation to anything he or she has done or not done, a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; or

(b) becomes an insolvent under administration; or

(c) is convicted of, or has found proven against him or her, any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more.

Section 22A provides that if an agent's representative is convicted of, or has found proven against him or her, an offence described in subsection (1)(c), the conviction or finding doesn't take effect (and thus the 30 day period doesn't begin) until all avenues of appeal in relation to the conviction or finding have been exhausted.

S. 16(1B) inserted by No. 41/2003 s. 22(1).

(1B) A person who applies within the 30 day period referred to in subsection (1A) for permission under section 31A, 31B or 31C to be employed as an agent's representative remains eligible to be employed as an agent's representative until the application is withdrawn or is refused by the Authority.

(2) A person must not act as an agent's representative unless she or he is eligible to be employed as an agent's representative.

(3) A person must not intentionally misrepresent to any other person that she or he is eligible to be employed as an agent's representative.

(4) An estate agent must not appoint a person to act as an agent's representative unless the agent, or, in the case of a corporation, the officer in effective control of the estate agency business of the corporation—

S. 16(4)(a) substituted by No. 41/2003 s. 22(2).

(a) has been given—

S. 16(4)(a)(i) amended by Nos 57/2013 s. 10(1), 54/2016 s. 31(1).

(i) a copy of a certificate from the Chief Commissioner of Police or the Australian Crime Commission that indicates that the person is not ineligible to be an agent's representative under subsection (1)(c) and that—

(A) is not more than 6 months old; or

S. 16(4)(a)
(i)(B) amended by No. 1/2010 s. 7(a)(i).

(B) is more than 6 months old, but that is accompanied by a statutory declaration of the person stating that he or she has not been found guilty of any disqualifying offence; and

S. 16(4)(a)(ii) repealed by No. 1/2010 s. 7(a)(ii).

Note to s. 16(4) repealed by No. 1/2010 s. 7(b).

(b) has taken any other reasonable steps that are necessary to ensure that the person is eligible to be employed as an agent's representative.

S. 16(5) substituted by No. 52/1998 s. 71(3).

(5) An estate agent must not employ a person to act as an agent's representative at any time during which the person's name is on the record of ineligible persons in the register.

(6) At the request of the Authority, the Chief Commissioner of Police may give the Authority a report concerning the criminal record of an agent's representative or of a person who has applied for a job as an agent's representative.

S. 16(7) substituted by No. 41/2003 s. 22(3).

(7) An estate agent must keep any document obtained under subsection (4) in relation to an agent's representative for at least 2 years after the agent's representative ceases to be employed by the agent in that capacity.

S. 16(8) inserted by No. 41/2003 s. 22(3).

(8) A person is ineligible to be an agent's representative if the person—

S. 16(8)(a) amended by No. 57/2013 s. 10(2)(a).

(a) gave the estate agent a copy of a certificate or notice under subsection (4)(a)(i)(B) before being appointed; and

S. 16(8)(b) amended by Nos 57/2013 s. 10(2)(b), 54/2016 s. 31(1).

(b) fails to provide the agent, within 6 weeks of starting employment, with a certificate from the Chief Commissioner of Police or the Australian Crime Commission that is not more than 6 weeks old and that indicates that the person is not ineligible to be an agent's representative under subsection (1)(c).

S. 16(9) inserted by No. 57/2013 s. 10(3), substituted by No. 54/2016 s. 31(2).

(9) In this section, Australian Crime Commission means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth.

S. 16A inserted by No. 86/1994 s. 11, repealed by No. 52/1998 s. 72.

S. 16B inserted by No. 86/1994 s. 11.

16B Offence to aid unqualified person to be an agent's representative

A person must not cause or permit or aid or abet any person who is not eligible to be an agent's representative to work as an agent's representative.

S. 16C inserted by No. 86/1994 s. 11.

16C Transitional provision concerning former sub‑agents

(1) For the purposes of this Act, any period during which a person was employed as a licensed sub‑agent before section 11 of the Estate Agents (Amendment) Act 1994 came into operation is to be regarded as a period during which the person was employed as an agent's representative.

(2) Any person who was employed as a licensed sub‑agent immediately before section 11 of the Estate Agents (Amendment) Act 1994 came into operation is deemed to be eligible to be employed as an agent's representative for as long as he or she continues to be employed as an agent's representative by the employer employing him or her immediately before section 11 came into operation.

(3) However, subsection (2) ceases to apply to a person if, as a result of an event occurring after section 11 of the Estate Agents (Amendment) Act 1994 came into operation, subsection (2) becomes the only reason the person is still eligible to be an agent's representative.

S. 16C(4) repealed by No. 41/2003 s. 23.

(5) Any reference in any Act, regulation, local law, subordinate instrument, deed, contract, order or other document to a licensed sub-agent or a sub‑agent is to be construed as a reference to an agent's representative, unless the contrary intention appears.

17 Application for estate agent's licence

S. 17(1) amended by Nos 9500 s. 4, 9925 s. 5(a), 10028 s. 11(a), substituted by No. 86/1994 s. 10(4).

(1) A person may apply to the Authority for an estate agent's licence.

S. 17(1A) inserted by No. 86/1994 s. 10(4).

(1A) The application must be made in the form specified by the Authority and must be accompanied by the prescribed fee.

S. 17(2) amended by No. 86/1994 s. 10(5)(a).

(2) An application by a person other than a corporation must—

(a) state—

(i) the address of the place or places at which the applicant intends to carry on business;

S. 17(2)(a)(ii) amended by No. 63/2010 s. 38(a).

(ii) the address which he desires to be recorded as the registered address for the purposes of this Act;

(iii) where the applicant intends to carry on business at more than one place, the address which he desires to be recorded as his principal office for the purposes of this Act; and

(iv) in the case of an application by a member of a partnership, the names and addresses of all the partners;

S. 17(2)(b) repealed by No. 86/1994 s. 10(5)(b).

S. 17(2)(c) amended by Nos 9500 s. 4, 10028 s. 11(b), 86/1994 ss 10(5)(c), 47(f), substituted by No. 8/2003 s. 45.

(c) be accompanied by—

S. 17(2)(c)(i) repealed by No. 1/2010 s. 8(a).

(ii) if the applicant has applied to be granted a licence in accordance with section 14(1)(a), full particulars of the applicant's employment as an agent's representative during the relevant period; and

(iii) a statement by the applicant certifying that the particulars contained in the application are true and correct.

S. 17(2)(d) amended by Nos 9925 s. 5(a), 10028 s. 11(c), repealed by No. 86/1994 s. 10(5)(d).

S. 17(3) amended by Nos 9925 s. 5(b), 86/1994 ss 10(5)(e), 47(g), repealed by No. 52/1998 s. 73.

S. 17(4) inserted by No. 86/1994 s. 10(6).

(4) An application by a corporation must—

(a) state—

(i) the address of the place or places at which the corporation intends to carry on business; and

S. 17(4)(a)(ii) amended by No. 44/2001 s. 3(Sch. item 39.2).

(ii) its registered office under the Corporations Act; and

S. 17(4)(a)(iii) substituted by No. 63/2010 s. 38(b).

(iii) its registered address; and

(iv) if the corporation intends to carry on business at more than one place, the address which it desires to be recorded as its principal office for the purposes of this Act; and

(b) contain any other details that are required by the Authority; and

S. 17(4)(c) substituted by No. 1/2010 s. 8(b).

(c) be accompanied by the documents referred to in section 19.

S. 17(4)(d) repealed by No. 1/2010 s. 8(b).

S. 18 amended by Nos 9500 s. 4, 9699 s. 23, 9925 s. 5(a), 10028 s. 12(a)(b), repealed by No. 86/1994 s. 10(7).

19 Certain documents to be lodged by particular corporations

S. 19(1) amended by No. 1/2010 s. 9.

(1) An application for an estate agent's licence by a corporation shall be accompanied by—

S. 19(1)(a) substituted by No. 8/2003 s. 46(1).

(a) in the case of a corporation with one or more directors who hold an estate agent's licence, a statement made by one of those directors—

(ii) declaring the name and address of each director and the secretary of the corporation and of the officer in effective control of its proposed estate agency business; and

(iii) certifying that the particulars contained in the application are true and correct;

S. 19(1)(b) amended by No. 29/1989 s. 10, substituted by No. 8/2003 s. 46(1).

(b) in the case of a corporation without a director who holds a current estate agent's licence, but where one or more of the directors have lodged an application for an estate agent's licence, a statement made by one of the directors who has lodged such an application—

(ii) declaring the name and address of each director and the secretary of the corporation and of the officer in effective control of its proposed estate agency business; and

(iii) certifying that the particulars contained in the application are true and correct;

S. 19(1)(c) inserted by No. 8/2003 s. 46(1).

(c) in the case of a private corporation with a director who holds an estate agent's licence, a statement made by that director—

(ii) declaring the name and address of each member of the corporation; and

(iii) declaring—

(A) the number and type of shares held by each member of the corporation; and

(B) whether those shares confer voting rights; and

(C) whether the member holds shares on behalf of another person and, if so, the name and address of that person; and

(iv) certifying that the particulars contained in the application are true and correct;

S. 19(1)(d) inserted by No. 8/2003 s. 46(1).

(d) in the case of a private corporation without a director who holds a current estate agent's licence, but where one or more of the directors have lodged an application for an estate agent's licence, a statement made by one of those directors—

(ii) declaring the name and address of each member of the corporation; and

(iii) declaring—

(A) the number and type of shares held by each member of the corporation; and

(B) whether those shares confer voting rights; and

(C) whether the member holds shares on behalf of another person and, if so, the name and address of that person; and

(iv) certifying that the particulars contained in the application are true and correct.

S. 19(2) amended by Nos 9925 s. 5(a), 86/1994 s. 47(g)(h), repealed by No. 8/2003 s. 46(2).

S. 19A inserted by No. 8/2003 s. 47.

19A Consent to disclosure of information

(1) The Authority may require a licensee or an applicant for an estate agent's licence to provide the Authority, at the time of submitting the application or at any time during the currency of the licence, with any consent required by another person or body to enable the Authority to check or confirm information relevant to the licence or application.

(2) Without limiting subsection (1), consent includes—

(a) the consent of the licensee or the applicant; and

(b) the consent of another person other than the licensee or the applicant; and

(c) if the licensee or applicant is a corporation, the consent of a director of the corporation and, in the case of a private corporation, the consent of a member of the private corporation.

(3) The Authority may refuse to consider an application for an estate agent's licence under section 17 if the applicant does not provide to the Authority the required consent within 14 days after the requirement is made.

S. 20 amended by Nos 9500 s. 4, 9925 s. 5(a), 10028
s. 13(a)–(c), 29/1989 s. 9(a)(b), repealed by No. 86/1994 s. 7(2), new s. 20 inserted by No. 52/1998 s. 74.

20 Application to be referred to Director and Chief Commissioner

(1) If an application is made under section 17, the Authority, except in the prescribed circumstances, must give any details of the application that the Authority considers relevant to the Director and the Chief Commissioner of Police.

(2) The Director and the Chief Commissioner of Police, on receiving details of the application, must make any inquiries in relation to the application that the Director or the Chief Commissioner of Police considers appropriate.

(3) The Director and the Chief Commissioner, after receiving the results of the inquiries, must report to the Authority.

(4) A report may include recommendations.

S. 20A inserted by No. 8/2003 s. 48.

20A Provision of information for the purposes of this Act

For the purposes of determining compliance with this Act or for carrying out the functions of the Authority or the Director under this Act—

(a) the Authority may disclose to the Director any information collected in the course of carrying out the Authority's functions under this Act; and

(b) the Director may disclose to the Authority any information collected in the course of carrying out the Director's functions under this Act; and

(c) the Director must disclose to the Authority the details of any successful claim made on the Fund in relation to an estate agent or an agent's representative.

21 Grant and effect of licence

S. 21(1) amended by No. 86/1994 ss 7(3), 47(k), substituted by No. 52/1998 s. 75(1).

(1) The Authority must consider every application for an estate agent's licence.

S. 21(2) amended by No. 9925 s. 5(a), repealed by No. 86/1994 s. 12(1), new s. 21(2) inserted by No. 52/1998 s. 75(1).

(2) In considering an application for a licence, the Authority may—

(b) require an applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

(c) seek and use advice and information on the application from any other person or body or source it thinks fit.

S. 21(3) substituted by Nos 86/1994 s. 12(2), 52/1998 s. 75(1).

(3) The Authority may engage or appoint any person to assist it in considering an application.

S. 21(3A) inserted by No. 52/1998 s. 75(1).

(3A) The Authority may refuse to grant a licence to a person if the person does not provide the further information required within a reasonable time of the requirement being made.

S. 21(3B) inserted by No. 52/1998 s. 75(1).

(3B) The Authority is not required to conduct a hearing to determine whether to grant a licence or refuse to issue a licence.

S. 21(4) amended by No. 86/1994 ss 12(3), 47(k).

(4) Where the Authority—

(a) is satisfied that the applicant is eligible to be the holder of a licence;

S. 21(4)(b) amended by Nos 86/1994 ss 12(4), 47(i), 41/2003 s. 24.

(b) if the applicant is an individual, is satisfied that he or she is of good character and has received no information that he or she is not a fit and proper person to hold a licence;

S. 21(4)(c) repealed by No. 86/1994 s. 47(j).

the Authority shall grant the applicant a licence (subject to section 36(2)(a)).

S. 21(4A) inserted by No. 10028 s. 14, amended by No. 86/1994 s. 47(k).

(4A) A licence granted under subsection (4) shall be subject to such conditions and limitations as the Authority sees fit to impose.

S. 21(4B) inserted by No. 86/1994 s. 12(5), amended by No. 52/1998 s. 75(2).

(4B) If the Authority is not satisfied of any thing referred to in subsection (4) in relation to an applicant, it must refuse to issue a licence to the applicant and must give the applicant written notice of the refusal within 14 days of the refusal.

S. 21(4C)(4D) inserted by No. 86/1994 s. 12(5), repealed by No. 52/1998 s. 75(3).

S. 21(5) amended by No. 9925 s. 5(a), substituted by Nos 86/1994 s. 12(6), 52/1998 s. 75(4).

(5) A licence—

(a) must be in a form determined by the Authority; and

(b) must be issued and signed by the Registrar; and

(c) must be endorsed with any conditions and limitations imposed by the Authority under subsection (4A).

S. 21(5A) inserted by No. 86/1994 s. 12(6).

(5A) A decision of the Authority to grant a licence lapses unless the applicant for the licence pays the prescribed licence fee to the Authority within 28 days of receiving written notice from the Authority that it has granted the licence.

S. 21(6) substituted by No. 86/1994 s. 12(6).

(6) The Authority may postpone its consideration of an application for a licence until such time as it considers appropriate.

S. 21(7) substituted by No. 86/1994 s. 12(6).

(7) Subject to this Act, a licence authorises the estate agent to whom it has been granted to be and to act as an estate agent in all parts of Victoria until the licence is surrendered, suspended or cancelled.

S. 21(8) repealed by No. 86/1994 s. 12(7).

S. 21(9) amended by No. 9500 s. 5, repealed by No. 86/1994 s. 7(4).

S. 21(10) amended by Nos 9925 s. 5(a), 86/1994 ss 7(3), 47(l), 52/1998 s. 75(5).

(10) Subject to subsection (11), the holder of an estate agent's licence may at any time surrender the licence by notice in writing addressed to the Authority accompanied by the licence, and the surrender shall be effective as on the date of the receipt of the notice by the Authority.

S. 21(11) inserted by No. 52/1998 s. 75(6).

(11) If an application has been made to the Tribunal to conduct an inquiry under section 25 in relation to an estate agent, the estate agent may not, without leave of the Tribunal, surrender the licence unless the Tribunal has determined to take action under section 28A or has determined not to take any such action.

S. 21A inserted by No. 52/1998 s. 76.

21A Conditions of licence

(1) The Authority may—

(a) impose conditions that must be complied with before it grants a licence; and

(b) on granting a licence, impose conditions or restrictions on a licence; and

(c) at any time on the application of any person, or on its own initiative, impose conditions or restrictions on a licence or vary or revoke any of those conditions or restrictions.

(2) A licensee must comply with the conditions or restrictions on a licence.

S. 21B inserted by No. 52/1998 s. 76.

21B Endorsement of licence

(1) If under section 21A, 28A or 31D, a condition or restriction or limitation is imposed on an estate agent or varied or revoked, the Authority may require the estate agent to produce the licence for endorsement of or variation or revocation of the condition or restriction or limitation.

(2) An estate agent must comply with a requirement under subsection (1).

1. 10 penalty units.

S. 22 amended by Nos 9925 s. 5(a), 9945 s. 3(1)(Sch. 1 item 13), substituted by No. 86/1994 s. 13.

22 Automatic cancellation of licence on bankruptcy etc.

(1) A person's licence as an estate agent is automatically cancelled if the person—

(a) becomes an insolvent under administration; or

S. 22(1)(b) amended by Nos 101/1998 s. 37(2), 46/2025 s. 28(3).

(b) becomes an externally administered body corporate; or

S. 22(1)(c) amended by No. 13/2019 s. 221(Sch. 1 item 14.2).

(c) becomes a represented person within the meaning of the Guardianship and Administration Act 2019.

(2) A person's licence as an estate agent is automatically cancelled 30 days after the person—

(a) is convicted of, or has found proven against him or her, any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more; or

S. 22(2)(b) amended by No. 17/2004 s. 7(2).

(b) has, in relation to anything she or he has done or not done, a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; or

(c) is made the subject of an order by any regulatory body in or outside Victoria disqualifying him or her from acting as an estate agent or agent's representative (or an equivalent occupation under the jurisdiction of the regulatory body).

S. 22(2A) inserted by No. 41/2003 s. 25(1).

(2A) A corporation's licence as an estate agent is automatically cancelled 30 days after—

(a) the licence of a director who holds an estate agent's licence is cancelled under subsection (1) or (2); or

(b) the corporation is notified in writing by the Authority that a director of the corporation who is not a licensed estate agent would, if the director were to apply for a licence, be ineligible, under section 14(5), to be granted an estate agent's licence; or

S. 22(2A)(c) amended by No. 17/2004 s. 7(2).

(c) the corporation has a claim allowed against the Fund under Part VII; or

(d) the corporation is convicted of, or has found proven against it, an offence involving fraud, dishonesty, drug trafficking or violence that, if it was a natural person, would be punishable by imprisonment for 3 months or more.

S. 22(2B) inserted by No. 41/2003 s. 25(1).

(2B) Subsections (2A)(a) and (2A)(b) do not apply if the director ceases to be a director of the corporation within the 30 day period referred to in subsection (2A).

S. 22(3) amended by No. 101/1998 s. 37(3).

(3) If a person whose licence would otherwise be cancelled by subsection (2) applies for permission under section 31A or 31C within the 30 day period referred to in that subsection, the person's licence is only automatically cancelled if the application is withdrawn or is refused by the Authority.

S. 22(4) inserted by No. 41/2003 s. 25(2).

(4) If a corporation whose licence would otherwise be cancelled by subsection (2A) is eligible to apply for, and applies for, permission under section 31CA within the 30 day period referred to in that subsection, the corporation's licence is only automatically cancelled if the application is withdrawn or is refused by the Authority.

S. 22A inserted by No. 41/2003 s. 26.

22A Delay of effect of certain convictions

(1) This section applies if one of the following people is convicted of, or has found proven against him or her, an offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more—

(a) a person who is employed as an agent's representative;

(b) a person (including a corporation) who holds a licence as an estate agent;

(c) a person who is the director of a corporation that holds an estate agent's licence.

(2) For the purposes of sections 16 and 22, the conviction or finding of guilt of the person only takes effect on—

(a) the day on which the conviction or finding is upheld or confirmed by the last applicable court of appeal; or

(b) the day on which leave to appeal is refused by the last applicable court of appeal; or

(c) the day after the day on which the last applicable appeal period ends—

whichever occurs last.

S. 23 amended by Nos 9500 s. 6, 9925 s. 5(a), 10028
s. 15(a)–(g), 29/1989 s. 8(b)(c), repealed by No. 86/1994 s. 12(7), new s. 23 inserted by No. 86/1994 s. 14.

23 Annual licence fee and statement

(1) A licensed estate agent must pay to the Authority the prescribed annual licence fee on the anniversary of the date the agent was last granted a licence under section 21.

(2) An annual licence fee may be paid at any time in the 6 weeks before it falls due.

(3) The payment must be accompanied by a statement in respect of the year up to the date that the payment is made that is in a form approved by the Authority and that is signed—

(a) by the agent, if the agent is a natural person; or

(b) if the agent is a corporation, by the officer in effective control of the estate agency business of the corporation.

(4) The statement must contain any information, and be accompanied by any documents, required by the Authority.

S. 24 amended by No. 29/1989 s. 10, repealed by No. 86/1994 s. 12(7), new s. 24 inserted by No. 86/1994 s. 14.

24 Extension of time

(1) On payment of the prescribed fee (if any), a person may apply to the Authority for an extension of time, or a further extension of time, in which to comply with section 23.

(2) The Authority may grant the application if it is made before the date in relation to which the extension is sought.

S. 24A inserted by No. 86/1994 s. 14.

24A Failure to comply with section 23

(1) If a licensed estate agent fails to comply with section 23, the Authority must give the agent a written notice stating that unless the agent complies with that section and also pays to the Authority the prescribed late payment or lodgement fee by the date specified in the notice, the agent's licence will be cancelled.

(2) The date specified in the notice must be at least 14 days after the date on which the notice is given to the agent.

(3) If the agent has not complied with section 23 and paid the late payment or lodgement fee by the date specified in the notice, the licence is automatically cancelled.

S. 24B inserted by No. 86/1994 s. 14, amended by No. 52/1998 s. 77.

24B If details given in application or annual statement change

If, before a decision is made under section 21 to grant or refuse a licence or while a licence is in force, a material change occurs in any of the details provided in the application for the licence or in the last statement lodged under section 23, the licensed estate agent must give the Authority written details of the change within 14 days after the agent becomes aware of the change.

S. 24C inserted by No. 52/1998 s. 78.

24C No application for 2 years after refusal

If the Authority refuses an application for a licence, the applicant is not entitled to lodge another application for a licence until the end of 2 years after the refusal unless the Authority otherwise permits in a particular case.

S. 24D inserted by No. 52/1998 s. 78.

24D Lost licence

If the Registrar is satisfied that a licence has been lost or destroyed, the Registrar, on payment of the prescribed fee, may issue a duplicate licence or further copy.

S. 25 amended by Nos 9576 s. 11(1)(Sch), 9925 s. 5(a), 10028 s. 16(a)–(c), substituted by No. 86/1994 s. 15.

25 Inquiries into estate agents

S. 25(1) amended by No. 52/1998 s. 79(1).

(1) At any time the Director or the Chief Commissioner of Police may apply to the Tribunal for the holding of an inquiry to determine whether an estate agent—

S. 25(1)(a) amended by No. 41/2003 s. 27(1).

(a) has contravened or failed to comply with this Act or the regulations; or

S. 25(1)(aa) inserted by No. 41/2003 s. 27(1).

(aa) has contravened or failed to comply with the Sale of Land Act 1962; or

(b) is of good character or is otherwise a fit and proper person to hold a licence; or

(c) has been guilty of conduct as an estate agent which renders him or her unfit to hold a licence; or

(d) improperly obtained, or is improperly holding, a licence.

S. 25(2) amended by No. 52/1998 s. 79(1).

(2) In addition to the matters listed in subsection (1), in the case of an estate agent that is a corporation, the Director or the Chief Commissioner of Police may also apply to the Tribunal for the holding of an inquiry to determine whether a director of the corporation or the officer in effective control of the estate agency business of the corporation or, in the case of a private corporation, any member of the corporation—

S. 25(2)(a) amended by No. 41/2003 s. 27(2).

(a) has contravened or failed to comply with this Act or the regulations or has failed to pay any fines imposed on him or her, or any costs that he or she was required to pay under this Act; or

S. 25(2)(aa) inserted by No. 41/2003 s. 27(2).

(aa) has contravened or failed to comply with the Sale of Land Act 1962 or has failed to pay any fines imposed on him or her, or any costs that he or she was required to pay under that Act; or

(b) is of good character or is otherwise a fit and proper person to hold a licence; or

(c) has been guilty of conduct as an estate agent which renders him or her unfit to hold a licence; or

(d) improperly obtained, or is improperly holding, a licence.

S. 25(3)–(6) repealed by No. 52/1998 s. 79(2).

S. 26 amended by No. 86/1994 s. 47(k), repealed by No. 52/1998 s. 80.

S. 27 amended by No. 86/1994 ss 45(d), 47(k), repealed by No. 52/1998 s. 80.

S. 28 amended by Nos 9925 s. 5(a), 10028 s. 17, substituted by No. 86/1994 s. 16.

28 Inquiries into agents' representatives

S. 28(1) amended by No. 52/1998 s. 81(1).

(1) At any time the Director may apply to the Tribunal for the holding of an inquiry to determine whether an agent's representative—

(a) is eligible to be an agent's representative; or

(b) is of good character or is otherwise a fit and proper person to be an agent's representative; or

(c) has been guilty of conduct as an agent's representative which renders him or her unfit to be an agent's representative; or

S. 28(1)(ca) inserted by No. 41/2003 s. 27(3).

(ca) has contravened or failed to comply with the Sale of Land Act 1962; or

(d) has contravened or failed to comply with this Act or the regulations.

S. 28(2)–(5) repealed by No. 52/1998 s. 81(2).

S. 28A inserted by No. 52/1998 s. 82.

28A Determination of Tribunal on inquiry

(1) After conducting an inquiry in respect of a person under section 25 or 28, the Tribunal, if it considers it appropriate, may, by order, do any one or more of the following—

(a) reprimand the person;

(b) require the person to comply within, or for, a specified time with a requirement specified by the Tribunal;

(c) cancel any licence held by the person and disqualify the person either permanently or for a specified period from holding a licence;

(d) suspend any licence held by the person for a specified period not exceeding one year;

(e) impose any condition or limitation on any licence held by the person;

(f) declare any person to be ineligible to hold a licence or to be an agent's representative either permanently or temporarily;

(g) require the person to enter into an undertaking to perform, or not to perform, certain tasks to be specified in the undertaking.

(2) In addition to the powers conferred by subsection (1), if the Tribunal determines that the person has contravened or failed to comply with this Act or the regulations, it may impose a penalty not exceeding $5000 on the person and specify when the penalty must be paid.

S. 28A(3) amended by No. 17/2004 s. 7(2).

(3) Any penalty imposed under subsection (2) must be paid to the Fund.

(4) If the Tribunal suspends or cancels a licence, the cancellation or suspension takes effect on the date specified by the Tribunal.

(5) If an estate agent fails to pay a penalty imposed under subsection (2) by the required date, the Tribunal may without giving the agent an opportunity to be heard—

(a) suspend the agent's licence until the penalty is paid; and

(b) cancel the licence if the penalty has still not been paid after the end of a further period of time equal to the initial period of time the agent had in which to pay the penalty.

(6) A reference to a person in this section includes a reference to any person who was an estate agent or agent's representative at the time of any breach or alleged breach of any relevant law, even though the person is not an estate agent or agent's representative at the time any action is taken under this Act.

29 Cancellation of licences in other cases

S. 29(1) amended by No. 86/1994 ss 6(3), 45(e).

(1) Any person who causes or permits or aids or abets any person who is not a licensed estate agent to carry on business as an estate agent shall be guilty of an offence.

S. 29(2) repealed by No. 86/1994 s. 47(m)(iii).

S. 29(3) amended by No. 86/1994 s. 47(m)(i)(ii).

(3) In any proceedings against an estate agent for an offence under this section it shall be prima facie evidence of that offence if an unauthorized person has possession of that estate agent's licence or represents himself as the holder of that estate agent's licence.

S. 29(4) amended by No. 86/1994 s. 47(m)(i)(iv) (A)(B).

(4) It shall be a defence under this section if the accused estate agent took all reasonable steps to prevent the unauthorized person from carrying on business under that estate agent's licence or if the accused estate agent did not know and could not reasonably have been expected to have known that the unauthorized person was representing himself as holder of that estate agent's licence.

S. 29(5) amended by No. 86/1994 s. 47(m)(i)(v).

(5) Where any agent is convicted of an offence under subsection (1) or (2), in addition to any penalty, his licence shall become absolutely void and shall be cancelled and delivered up to the court and the court may order that the agent be disqualified either permanently or for such period as the court specifies from holding a licence as an estate agent.

S. 29(6) amended by No. 86/1994 s. 47(m)(i)(vi).

(6) If an agent is convicted in any court of any indictable offence or if in any proceeding before a court to which any agent is a party the court is satisfied that he has been guilty of fraud and that he ought to be disqualified from carrying on the business of an estate agent the court may order that—

S. 29(6)(a) amended by No. 86/1994 s. 47(m)(vii).

(a) he be disqualified either permanently or for such period as the court specifies from holding a licence under this Act as an agent; and

(b) his licence be cancelled and delivered up forthwith.

S. 29(7) amended by Nos 9925 s. 5(a), 57/1989 s. 3(Sch. item 66.2), 86/1994 s. 47(l).

(7) In every case where a licence is delivered up to a court under this Act the licence and copy of any order of the court in relation thereto shall be sent forthwith by the proper officer of the court to the Authority.

S. 29(8) amended by No. 86/1994 s. 47(m)(viii).

(8) In this section unauthorized person means any person who for the purposes of subsection (1) does not hold an estate agent's licence.

S. 29A inserted by No. 86/1994 s. 17, substituted by No. 52/1998 s. 83.

29A Suspended and cancelled licences must be returned

(1) If the Tribunal suspends or cancels a licence, the person to whom the licence was issued must return the licence to the Authority within the period specified by the Tribunal.

(2) If a licence is automatically suspended or cancelled under this Act, the person to whom the licence was issued must return the licence to the Authority within 7 days of becoming aware of the suspension or cancellation.

S. 29B inserted by No. 86/1994 s. 17, substituted by No. 41/2003 s. 28.

29B Duties of agents and officers in effective control

(1) This section applies to a natural person—

(a) who is a licensed estate agent who carries on an estate agency business; or

(b) who is an officer in effective control of the estate agency business of a corporation.

(2) The person must—

(a) be regularly and usually in charge at the principal office of the estate agent; and

(b) give regular and substantial attendance at that office; and

(c) properly control and supervise any estate agency business carried on by the agent or for which the person is responsible; and

(d) take reasonable steps to ensure that any estate agents, agents' representatives or other employees of the business comply with the provisions of this Act, the Sale of Land Act 1962 and any other laws relevant to the conduct of the business while they are engaged in that business; and

(e) establish procedures designed to ensure that the business is conducted in accordance with the law and good estate agency practice; and

(f) monitor the conduct of the business in a manner that will ensure, as far as is practicable, that those procedures are complied with; and

(g) properly control and supervise the management of any branch office of the estate agency business.

S. 29C inserted by No. 41/2003 s. 28.

29C Offence to procure contravention of section 29B

A person involved in the management or control of the estate agency business of a licensed estate agent must not—

(a) prevent or hinder another person from complying with any duty imposed on that other person by section 29B; or

(b) induce or procure another person to contravene any duty imposed on that other person by section 29B.

30 Management of estate agency office

(1) Subject to this Act, a person shall not manage the day to day operation of an estate agency office unless he is a licensed estate agent.

S. 30(1A) inserted by No. 9500 s. 7(a).

(1A) A licensed estate agent shall not while he manages an estate agency office act as the manager of any other estate agency office.

S. 30(2) amended by No. 10028 s. 18(a), substituted by No. 86/1994 s. 18(1).

(2) Despite subsection (1), a person who held an unexpired approval granted under this section immediately before section 18 of the Estate Agents (Amendment) Act 1994 came into operation may continue to manage the branch office specified in the approval unless he or she is disqualified from doing so under subsection (7).

S. 30(2A) inserted by No. 9500 s. 7(b), amended by No. 10028 s. 18(b), repealed by No. 86/1994 s. 18(2).

S. 30(2B) inserted by No. 10028 s. 18(c), repealed by No. 86/1994 s. 18(2).

S. 30(3) amended by Nos 9500 s. 7(c), 10028 s. 18(d), substituted by No. 86/1994 s. 18(3).

(3) A person to whom subsection (2) applies may apply to the Authority for permission to manage a branch office different to the one specified in the approval.

S. 30(4) amended by Nos 9500 s. 7(d), 10028 s. 18(e)(i)–(iii), substituted by No. 86/1994 s. 18(3).

(4) The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so.

S. 30(5) amended by No. 9925 s. 5(a), substituted by No. 86/1994 s. 18(3).

(5) Sections 23 to 24B apply to a person to whom subsection (2) applies as if—

(a) a reference to a licensed estate agent was a reference to the person; and

(b) a reference to the date a licence was granted was a reference to the date the person first received approval under this section; and

(c) a reference to a prescribed fee was a reference to a fee prescribed for the purposes of this section; and

(d) a reference to a form approved by the Authority was a reference to a form approved by the Authority for the purposes of this section; and

(e) a reference to the cancellation of a licence was a reference to the effect of subsection (6).

S. 30(6) substituted by No. 86/1994 s. 18(3).

(6) If a person to whom subsection (2) applies fails to comply with section 23 within the time specified by the notice under section 24A(1), subsection (2) ceases to apply to him or her and any permission granted to him or her under subsection (4) is automatically revoked.

S. 30(7) substituted by No. 86/1994 s. 18(3).

(7) The Tribunal may, after giving the person the chance to be heard, disqualify any person to whom subsection (2) applies from acting as a branch manager if the Tribunal is satisfied that he or she has contravened or failed to comply with this Act, or is not eligible to be an agent's representative.

S. 30(8) substituted by No. 86/1994 s. 18(3).

(8) A person who is authorised to act as the manager of a branch office by subsection (2) must not, while he or she manages that branch office, act as a branch manager in any other branch office of his or her employer or for any other estate agent.

(9) Any person who manages the day to day operation of an estate agency office in contravention of the provisions of this section shall be guilty of an offence.

S. 30AA inserted by No. 10028 s. 19, substituted by No. 86/1994 s. 19, repealed by No. 41/2003 s. 29.

S. 30AB inserted by No. 86/1994 s. 19, repealed by No. 1/2010 s. 10.

S. 30A inserted by No. 9500 s. 8.

30A Absence of estate agent or branch manager

(1) Notwithstanding section 30(1) where a licensed estate agent or branch manager is to be absent from the estate agency office which he manages—

S. 30A(1)(a) amended by Nos 10028 s. 20, 86/1994 s. 47(n)(ii).

(a) for a period which is greater than seven days but not more than 30 days, the licensed estate agent or the employer of the branch manager (as the case may be) shall in writing appoint a licensed estate agent or agent's representative to manage the office during that period of absence;

S. 30A(1)(b) amended by No. 86/1994 s. 47(n)(i)(ii).

(b) for a period greater than 30 days the licensed estate agent or the employer of the branch manager (as the case may be) shall advise the Authority in writing of the proposed absence and shall nominate a licensed estate agent or agent's representative to manage the office during that period of absence.

S. 30A(2) amended by No. 86/1994 s. 47(n)(i).

(2) Where the Authority is satisfied that a person nominated pursuant to subsection (1)(b) is capable of managing the estate agency office concerned it may approve and permit that person to manage that office for a period specified by the Authority.

S. 30A(3) amended by No. 86/1994 s. 47(n)(i).

(3) Notwithstanding section 30(1) an appointment in writing made under subsection (1)(a) and an approval given by the Authority under subsection (2) shall authorize the person so appointed or approved to manage the estate agency office in respect of which the appointment was made or the approval was given during the period of the absence of the estate agent or branch manager or for the period specified by the Authority (as the case may be).

S. 31 amended by No. 86/1994 s. 47(o).

31 Effect of disqualification

A person disqualified under this Act from holding a licence or being an agent's representative shall not, while his disqualification continues, be capable of becoming or continuing as a director, member, manager or officer of a corporation which is a licensed estate agent.

S. 31A (Heading) inserted by No. 17/2004 s. 7(4).

S. 31A inserted by No. 86/1994 s. 20.

31A Person involved in Fund claim may regain licence etc. in exceptional circumstances

S. 31A(1) amended by No. 17/2004 s. 7(2).

(1) This section applies to a person in relation to whom a claim has been allowed against the Fund under Part VII or against a corresponding fund established under any corresponding previous enactment.

S. 31A(2) amended by No. 52/1998 s. 84(1).

(2) The person may apply to the Authority for permission to hold an estate agent's licence or to be employed as an agent's representative.

S. 31A(2A) inserted by No. 8/2003 s. 49.

S. 31A(2B) inserted by No. 8/2003 s. 49.

(b) require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority;

S. 31A(2C) inserted by No. 8/2003 s. 49.

(2C) The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

S. 31A(3) amended by No. 52/1998 s. 84(1).

(3) The Authority may give its permission if it is satisfied—

(a) that the person has refunded all amounts paid out of the Fund or the corresponding fund in respect of the claim; and

(b) that there were exceptional circumstances which gave rise to the claim against the person; and

(c) that having regard to the conduct of the person before and after the claim, there is no reasonable expectation that the person will not comply with this Act and the regulations in future; and

(d) that the giving of the permission is not contrary to the public interest.

(4) Section 14(5)(c) does not apply to a person in respect of whom permission has been given.

(5) A person in respect of whom permission has been given is eligible to act as an agent's representative, despite section 16(1)(f).

S. 31B inserted by No. 86/1994 s. 20.

31B Bankrupt person may be allowed limited right to hold licence etc.

(1) This section applies to a person who is an insolvent under administration.

S. 31B(2) amended by No. 52/1998 s. 84(1).

(2) The person may apply to the Authority for permission to hold an estate agent's licence as an employee or to be employed as an agent's representative.

S. 31B(2A) inserted by No. 8/2003 s. 50.

S. 31B(2B) inserted by No. 8/2003 s. 50.

(b) require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

S. 31B(2C) inserted by No. 8/2003 s. 50.

(2C) The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

S. 31B(3) amended by No. 52/1998 s. 84(1).

(3) The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so.

(4) Section 14(5)(d) does not apply to a person in respect of whom permission has been given.

(5) A person in respect of whom permission has been given is eligible to act as an agent's representative, despite section 16(1)(d).

(6) A person to whom permission has been given and who is an insolvent under administration must not act as the officer in effective control of any estate agency business.

S. 31C inserted by No. 86/1994 s. 20.

31C Person with criminal record may be allowed limited right to hold licence etc.

(1) This section applies to a person who has, within the last 10 years in Australia or elsewhere, been convicted or had found proven against him or her any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more.

S. 31C(2) amended by No. 52/1998 s. 84(1).

(2) The person may apply to the Authority for permission to hold an estate agent's licence or to be employed as an agent's representative.

S. 31C(2A) inserted by No. 8/2003 s. 51.

S. 31C(2B) inserted by No. 8/2003 s. 51.

(b) require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

S. 31C(2C) inserted by No. 8/2003 s. 51.

(2C) The Authority may refuse to consider the application if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

S. 31C(3) amended by No. 52/1998 s. 84(1).

(3) The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so.

(4) Section 14(5)(e) does not apply to a person in respect of whom permission has been given.

(5) A person in respect of whom permission has been given is eligible to act as an agent's representative, despite section 16(1)(c).

S. 31CA inserted by No. 41/2003 s. 30.

31CA Corporation may be allowed to hold licence despite disqualifying factors

(1) A corporation may apply to the Authority for permission to be granted, or to continue to hold, an estate agent's licence even though—

S. 31CA(1)(a) amended by No. 17/2004 s. 7(2).

(a) it, or one of its directors, is a person in relation to whom a claim has been allowed against the Fund under Part VII or against a corresponding fund established under any corresponding previous enactment; or

(b) it has been convicted of, or has had found proven against it, an offence involving fraud, dishonesty, drug trafficking or violence that, if it was a natural person, would be punishable by imprisonment for 3 months or more; or

(c) one of its directors is a person who has, within the last 10 years in Australia or elsewhere, been convicted or had found proven against him or her any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more, but who is still eligible to be a director of the corporation under the Corporations Act despite the conviction or finding of guilt.

(2) An application must—

(c) be accompanied by any documents required by the Authority; and

(d) be accompanied by any fee required by the regulations for the purposes of this section.

(3) The Authority may give its permission if it is satisfied—

(a) that the giving of the permission is not contrary to the public interest; and

(b) in the case of an application made in the circumstances described in subsection (1)(a)—

(i) that the person has refunded all amounts paid out of the Fund or the corresponding fund in respect of the claim; and

(ii) that there were exceptional circumstances which gave rise to the claim against the person; and

(iii) that having regard to the conduct of the person before and after the claim, there is no reasonable expectation that the person will not comply with this Act and the regulations in future; and

(c) in the case of an application made in the circumstances described in subsection (1)(a) involving a director or in subsection (1)(c), that there is a substantive reason why the person should remain a director of the corporation.

(4) In considering an application, the Authority may—

(b) require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority;

(5) The Authority may refuse to give its permission if the applicant does not provide the further information required, or any consent needed by the Authority to obtain that information, within a reasonable time after the requirement is made.

(6) If the Authority gives its permission, the corporation is eligible to be granted, or to continue to hold, an estate agent's licence, despite anything to the contrary in section 15(3) or 22(2A).

S. 31D inserted by No. 86/1994 s. 20.

31D Authority may impose conditions

S. 31D(1) amended by Nos 52/1998 s. 84(1), 41/2003 s. 31.

(1) In giving its permission under section 31A, 31B, 31C or 31CA, the Authority may impose any conditions it considers appropriate to ensure the ongoing protection of the public interest.

S. 31D(2) amended by No. 52/1998 s. 84(1), substituted by No. 52/1998 s. 84(2).

(2) The Authority may at any time impose conditions in respect of the permission or vary or revoke any conditions it has previously imposed.

(3) A person to whom permission has been given must comply with any conditions imposed in respect of the permission.

S. 31D(4) amended by No. 52/1998 s. 84(1), substituted by No. 52/1998 s. 84(3).

(4) If the Authority is satisfied that any condition imposed in respect of a permission has been contravened or not complied with, it may revoke the permission.

S. 31D(5) inserted by No. 52/1998 s. 84(3).

(5) Before taking any action under this section, the Authority may seek and use information and advice from any person or body or other source as it thinks fit.

S. 31E inserted by No. 86/1994 s. 20.

31E Disability etc. of licensed estate agent

(1) The following people may carry on the estate agency business of a person who was a licensed estate agent for 30 days after the person ceases to be licensed—

(a) if the person dies, the executor named in the person's will or the administrator of the person's estate or any person who intends applying for letters of administration in relation to the person's estate;

(b) if the person becomes an insolvent under administration, the assignee, trustee or receiver of the person;

S. 31E(1)(c) amended by No. 13/2019 s. 221(Sch. 1 item 14.2).

(c) if the person becomes a represented person within the meaning of the Guardianship and Administration Act 2019, the guardian or administrator of the person or any person nominated by the guardian or administrator;

S. 31E(1)(d) amended by Nos 101/1998 s. 37(2), 46/2025 s. 28(4).

(d) if the person becomes an externally administered body corporate, the liquidator, official manager, receiver, receiver and manager or other external administrator.

(2) If a person authorised to carry on a business applies to the Authority within the 30 day period for permission to carry on the business for a longer period, the person may continue to carry on the business until the Authority makes a decision on the application.

(3) The Authority may grant an application if it is satisfied that it is not contrary to the public interest to do so.

(4) In granting its permission, the Authority may limit it in any way it thinks appropriate and may impose any conditions it thinks appropriate to ensure the ongoing protection of the public interest.

(5) A person who carries on an estate agency business under this section is deemed to be the holder of the former agent's licence for the purposes of this Act.

S. 32 substituted by No. 10155 s. 69(1)(c), amended by No. 86/1994 s. 47(p)(i)(ii), substituted by No. 52/1998 s. 85.

32 Application for review

(1) A person whose interests are affected by a decision of the Authority under this Act may apply to the Tribunal for review of the decision.

(2) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

S. 33 amended by Nos 9925 s. 5(c), 86/1994 s. 47(q)(r), substituted by Nos 52/1998 s. 86, 8/2003 s. 52.

33 The Register

(1) The Registrar must keep a register of estate agents and agent's representatives open for public inspection in the form determined by the Registrar.

(2) The purposes of keeping the register are—

(a) to enable members of the public to have access to information about—

(i) licensed estate agents and agent's representatives;

(ii) other people involved in estate agency business; and

(b) to record the names of all persons declared ineligible to hold a licence or to be an agent's representative.

(3) The register must contain details of the following in relation to each licensed estate agent or estate agency business—

(a) licence number issued by the Authority;

S. 33(3)(b) amended by No. 63/2010 s. 39.

(b) name and registered address;

(c) date of grant, surrender, cancellation or suspension of the licence;

(d) licence conditions;

(e) any Tribunal or court orders concerning the estate agent or agent's representative that affects the licence or status of the agent's representative of which the Registrar has notice;

(f) any claims allowed by the Fund (or any like fund established under a previous enactment) in relation to a licensed estate agent or agent's representative of which the Registrar has notice;

(g) address and telephone number of the principal office of the licensed estate agent;

(h) if the licensed estate agent has branch offices—

(i) the address of each branch office;

(ii) the name of each branch manager;

(iii) the date of appointment of each branch manager;

(iv) the date of cessation of appointment of each branch manager;

(i) if the licensed estate agent is operating under a franchise agreement—

(i) the name and address of the franchisor;

(ii) the date of commencement of the franchise agreement;

(iii) the date of cessation of the franchise agreement;

(j) if the licensed estate agent is a corporation—

(i) the name of each director;

(ii) the date of appointment of each director;

(iii) the date of cessation of appointment of each director;

(iv) the name of the officer in effective control;

(v) the date of appointment of the officer in effective control;

(vi) the date of cessation of appointment of the officer in effective control;

(k) if the licensed estate agent is an employee of a licensed estate agent, the name and address of the employer;

(l) if the licensed estate agent employs agent's representatives—

(i) the name and registered address of each agent's representative employed by the licensee;

(ii) the date of commencement of employment of each agent's representatives;

(iii) the date of cessation of employment of each agent's representative;

(m) if a licensed estate agent employs licensed estate agents—

(i) the name of each licensed estate agent employee;

(ii) the date of commencement of employment of each licensed estate agent employee;

(iii) the date of cessation of employment of each licensed estate agent employee;

(n) all business names under which the licensed estate agent conducts estate agency business;

(o) Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth issued to the licensed estate agent;

(p) Internet site address maintained by the licensee for the purposes of an estate agency business (if any).

(4) The register must also contain details of—

(a) all applications for licences refused by the Authority during the last two years;

(b) all permission determinations under section 31A, 31B or 31C;

(c) any other information prescribed by the regulations as forming part of the register.

(5) A person in accordance with the regulations (if any) and on payment of the prescribed fee (if any) may—

(a) inspect the register; and

(b) obtain copies of, or extracts from, the register.

(6) Subject to the Public Records Act 1973, the Registrar may, if in his or her opinion it is no longer necessary or desirable to retain it, remove any information from the register 12 years after the information was added to the register.

(7) In the exercise and performance of his or her duties under this section the Registrar must act on any information which appears to the Registrar sufficient in each case.

S. 34 amended by Nos 9925 s. 5(a)(b), 10028 s. 21(a)–(c), 86/1994 ss 45(f),
47(r)–(u), 52/1998 s. 87(1)–(4), repealed by No. 8/2003 s. 52.

S. 34A inserted by No. 52/1998 s. 88, repealed by No. 8/2003 s. 52.

S. 35 (Heading) inserted by No. 63/2010 s. 40(1).

35 Registered address

S. 35(1) amended by No. 86/1994 s. 47(v)(i), substituted by No. 63/2010 s. 40(2).

(1) Every licensed estate agent and every agent's representative must have, within Victoria, a registered address.

S. 35(2) amended by Nos 9925 s. 5(a), 86/1994 s. 47(v)(ii), 52/1998 s. 89(1)(2), 63/2010 s. 40(3).

(2) Any change in the situation of a registered address shall be promptly notified in writing to the Registrar by the agent or agent's representative concerned, and the Registrar shall alter the register accordingly.

S. 35(3) amended by Nos 9925 s. 5(a), 86/1994 s. 47(v)(ii), 52/1998 s. 89(2).

(3) An estate agent shall within fourteen days of the establishment of a branch office advise the Registrar in writing of the address of that branch office.

S. 35(3A) inserted by No. 29/1989 s. 11(1).

(3A) Subject to subsection (3B), every licensed estate agent must have a principal office in Victoria.

S. 35(3B) inserted by No. 29/1989 s. 11(1).

(3B) A licensed estate agent who is also licensed or otherwise authorised under the laws of another State to carry on the business of an estate agent in that State who operates an estate agency business in that State and the main or only estate agency office of that business is located within that State may have his or her principal office outside Victoria if it is within 48 kilometres of Victoria.

S. 35(4) amended by Nos 9925 s. 5(a), 86/1994 s. 47(v)(ii), 52/1998 s. 89(1)(2).

(4) Any change in the situation of the principal office or a branch office of an estate agent shall be promptly notified in writing to the Registrar by the estate agent concerned and the Registrar shall alter the register accordingly.

(5) For the purposes of this Act where a licensed estate agent carries on business at only one place that place shall be recorded as his principal office.

S. 35(6) amended by Nos 9925 s. 5(a), 86/1994 s. 47(v)(ii)(iii), 52/1998 s. 89(1)(2).

(6) Every estate agent shall, within seven days after he employs and within seven days after ceasing to employ any agent's representative, in writing notify the Registrar of such employment or cessation of employment and the Registrar shall enter the fact in the register.

S. 35(7) amended by No. 86/1994 s. 47(v)(iii).

(7) Any agent or agent's representative who carries on business without complying with the requirements of this section shall be guilty of an offence.

S. 36 amended by Nos 9500 s. 9, 9925 s. 5(a), substituted by No. 10028 s. 22, amended by No. 38/1993 s. 6(c), substituted by No. 86/1994 s. 21, repealed by No. 63/2010 s. 41.

S. 37 amended by Nos 9500 s. 10, 10028 s. 23, repealed by No. 86/1994 s. 45(g).

Pt 4
(Heading) amended by No. 86/1994 s. 45(h).

Part IV—Agents and agents' representatives

S. 37M inserted by No. 46/2025 s. 26.

37M Mandatory continuing professional development activities

(1) For the purposes of this Part, the Authority may approve mandatory continuing professional development activities that form part of the continuing professional development requirements under this Part.

(2) The Authority must publish notice of any mandatory continuing professional development activities approved under subsection (1) on the Internet site of the Director.

(3) A mandatory continuing professional development activity takes effect on the date specified in the notice under subsection (2).

(4) The Authority must take all reasonable steps to give written notice to each estate agent of an approved mandatory continuing professional development activity.

(5) The Authority must take all reasonable steps to give written notice to each registered agent's representative of an approved mandatory continuing professional development activity.

The category of registered agent's representative is established by the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025.

S. 38 substituted by No. 63/2010 s. 42.

38 Offence to pretend to be a licensed estate agent

A person must not display or exhibit outside or near the person's office, residence or place of business any sign or other matter that indicates or implies that the office, residence or place of business is that of a licensed estate agent unless the person is a licensed estate agent.

Ss 39, 40 repealed by No. 63/2010 s. 43.

41 Production of licence by agent

S. 41(1) amended by Nos 9925 s. 5(a), 10028 s. 24(a), 86/1994 s. 47(w)(i)–(iv), 52/1998
s. 90, 37/2014 s. 10(Sch. item 58.2).

(1) Every licensed estate agent shall within seven days of a demand being made at the premises where he carries on his business produce his licence to the Authority, to the Director or to any police officer or to any person with whom that agent is transacting or attempting to transact any business as an estate agent.

S. 41(2) inserted by No. 10028 s. 24(b).

(2) Every licensed estate agent shall at every premises where he carries on his business display a copy of his licence in a conspicuous position available to the public.

42 Advertising

S. 42(1) amended by Nos 10028 s. 25, 86/1994 s. 47(x), 52/1998 s. 113, 41/2003 s. 32(1), substituted by No. 63/2010 s. 44.

(1) An estate agent must not publish any advertisement relating to or in connection with his or her business without specifying the name under which that agent carries on that business.

(2) Any person who wilfully and falsely advertises or in any way wilfully and falsely represents that as an estate agent he has a particular property or business for sale shall be guilty of an offence.

(3) Any person who in any way wilfully and falsely represents that as an estate agent he has sold a property or holds a deposit in respect of the sale of a property shall be guilty of an offence.

S. 42(4) amended by No. 41/2003 s. 32(1).

(4) Any estate agent who publishes or permits or authorizes to be published as part of any advertisement any false or misleading statement or representation concerning any property or business which is or is stated or represented to be for sale shall be guilty of an offence.

(5) For the purposes of this section an advertisement shall be deemed to be misleading—

(a) if it refers to the "gross profit" or the "clear profit" of a business stated or represented to be for sale; or

(b) if it mentions any amount as being the profit of a business stated or represented to be for sale which is not the average weekly net profit of the business for the period of three years immediately before the publication of the advertisement or for the whole of any lesser period during which the business has been carried on by the vendor.

(6) In any proceedings under this section—

(a) production of a newspaper containing an advertisement having specified therein the name of an estate agent or of an advertisement published in any other form having specified therein the name of an estate agent shall be prima facie evidence that the estate agent published or authorized to be published the advertisement and all statements and representations made therein; and

S. 42(6)(b) amended by Nos 41/2003 s. 32(2), 6/2018 s. 68(Sch. 2 item 50.1).

(b) evidence on oath or by affirmation that an advertisement was published and that any statement or representation was made in or as part of the advertisement and that the name of any estate agent was specified or mentioned in or as part of or as having authorized the publication of the advertisement shall be prima facie evidence that the agent published or authorized the publication of the advertisement and the statement or representation.

S. 43 amended by Nos 10028 s. 26(a)(i)(ii) (b), 10155 s. 69(1)(d), substituted by No. 29/1989 s. 12.

43 Franchising agreements

S. 43(1) amended by No. 86/1994 s. 47(y)(i).

(1) An estate agent who enters into a franchising agreement must give notice to the Authority of the agreement.

(2) A notice under subsection (1)—

S. 43(2)(a) amended by No. 8/2003 s. 53.

(a) must be in a form approved by the Authority and contain the prescribed particulars; and

S. 43(2)(b) amended by No. 86/1994 s. 47(y)(i).

(b) must be given to the Authority within 30 days after the agreement is entered into.

(3) If an estate agent carries on business pursuant to a franchising agreement—

(a) each party to the agreement is jointly and severally liable for any defalcation by the estate agent; and

(b) each party to the agreement is jointly and severally liable for any liability incurred by the estate agent as a result of negligence by the estate agent or by an employee or servant of the estate agent in the performance of the duties of an estate agent; and

(c) each party to the agreement is jointly and severally liable for any costs or fines arising out of any proceedings instituted in respect of that defalcation or negligence.

(4) If an estate agent contravenes this section each party to the franchising agreement is guilty of an offence.

S. 43(5) def. of franchising agreement amended by No. 86/1994 s. 47(y)(ii).

franchising agreement means an agreement whereby an estate agent is authorized to carry on business under any name in consideration of any other person entitled to carry on business under that name receiving any consideration whether by way of a share in the profits of the estate agent's business or otherwise;

defalcation has the same meaning as in Part VII.

44 Persons not to be employed by agents

S. 44(1) amended by No. 86/1994 s. 47(z)(i).

(1) An estate agent shall not employ in any capacity in connexion with his business any person—

(a) who is for the time being disqualified under this Act from holding a licence; or

S. 44(1)(b) amended by No. 86/1994 s. 47(z)(ii).

(b) whose application for a licence has been refused by the Authority, unless such an application has been subsequently granted; or

S. 44(1)(c) amended by Nos 86/1994 s. 47(z)(iii), 17/2004 s. 7(2).

(c) in relation to whom any claim has been allowed against the Fund under Part VII, unless the Tribunal permits the employment; or

S. 44(1)(d) amended by No. 9549 s. 2(1)(Sch. item 57).

(d) who because of his conduct or reputation is not a fit and proper person to be employed in an estate agency.

S. 44(2) amended by No. 86/1994 s. 47(z)(iv)(v).

(2) A person who under subsection (1) is not permitted to be employed by an estate agent in any capacity in connexion with his business shall not participate or be in any way concerned in the business of an estate agent.

S. 45 amended by Nos 10028 s. 27, 29/1989 s. 13(a)(b), 38/1993
s. 6(d), repealed by No. 86/1994 s. 47(za), new s. 45 inserted by No. 41/2003 s. 33, repealed by No. 63/2010 s. 45.

Ss 45A, 45B inserted by No. 41/2003 s. 33, repealed by No. 63/2010 s. 45.

S. 46 amended by Nos 9925 s. 5(a), 10028 s. 28, 86/1994 s. 47(zb), 52/1998 s. 91, repealed by No. 63/2010 s. 45.

47 Authorization of agents' representatives

S. 47(1) amended by No. 86/1994 s. 47(zc)(i)(ii).

(1) Notwithstanding anything in this Act or any law to the contrary, an agent's representative shall not perform for an estate agent any of the functions of an estate agent unless the agent's representative has been lawfully authorized in writing by the estate agent to do so.

S. 47(2) amended by No. 86/1994 s. 47(zc)(iii), substituted by No. 41/2003 s. 34.

(2) An agent's representative who is employed by an estate agent must not undertake employment under section 30(3) with another estate agent as a branch manager for that other agent.

S. 47(2A) inserted by No. 41/2003 s. 34.

(2A) An agent's representative who is employed by an estate agent as a branch manager under section 30(2) or 30(3) must not undertake employment with another estate agent.

S. 47(3) amended by No. 86/1994 s. 47(zc)(i)(ii) (iv).

(3) Any agent's representative who makes any false representation (whether verbally or in writing or by conduct) to any person to the effect that the agent's representative is employed by or authorized to act as an agent's representative for any specified estate agent shall be guilty of an offence.

S. 47A inserted by No. 41/2003 s. 6, substituted by No. 58/2016 s. 5.

47A Seller must be given estimated selling price

S. 47A(1) amended by No. 6/2025 s. 75.

(1) Before obtaining a person's signature to an engagement or appointment to sell residential property on behalf of the person, an estate agent or an agent's representative employed by the agent must ensure that the engagement or appointment contains an estimate of the selling price of the residential property that—

(a) is expressed as—

(i) a single amount; or

(ii) a price range where the difference between the upper and lower limits of the range does not exceed 10 per cent of the amount of the lower limit of the range; and

(b) is set out in a form approved by the Director.

(2) Nothing in this section requires the estimate of a selling price and the seller's reserve price to be the same amount.

S. 47AB inserted by No. 58/2016 s. 5, amended by No. 6/2025 s. 76.

47AB Estimated selling price must be reasonable

An estate agent or agent's representative employed by the agent must ensure that the estimate of the selling price contained in an engagement or appointment to sell residential property is—

(a) reasonable; and

(b) determined in accordance with section 47AC.

S. 47AC inserted by No. 58/2016 s. 5.

47AC Determination of estimated selling price

(1) In determining the estimate of the selling price contained in an engagement or appointment to sell residential property, the agent or agent's representative must take into account the sale prices of the 3 comparable properties that the agent or representative reasonably considers to be most comparable to the residential property that have been—

(a) sold within the preceding 6 months, if the residential property is located within the Melbourne metropolitan area; or

(b) sold within the preceding 18 months, if the residential property is not located within the Melbourne metropolitan area.

(2) In determining which comparable properties are the 3 most comparable properties for the purposes of subsection (1), the estate agent or agent's representative must have regard to—

(a) the standard and condition of the properties; and

(b) the location of the properties; and

(c) the dates on which the properties were sold; and

(d) any guidelines issued by the Director under section 47AD.

(3) Subsection (1) does not apply if the agent or representative reasonably believes that fewer than 3 comparable properties were sold—

(a) within the preceding 6 months, if the residential property is located within the Melbourne metropolitan area; or

(b) within the preceding 18 months, if the residential property is not located within the Melbourne metropolitan area.

(4) For the purposes of this section, a residential property is a comparable property if—

(a) it is of a similar standard or condition to the residential property for which an estimate of the selling price is being determined (the first property); and

(b) it is located—

(i) within a 2 kilometre radius of the first property, if the first property is located within the Melbourne metropolitan area; or

(ii) within a 5 kilometre radius of the first property, if the first property is not located within the Melbourne metropolitan area.

Melbourne metropolitan area means the area determined by the Director for the purposes of this section.

S. 47AD inserted by No. 58/2016 s. 5.

47AD Director may issue guidelines

(1) The Director may issue guidelines relating to matters to which estate agents and agents' representatives must have regard in determining which residential properties are most comparable to residential property being sold.

(2) The Director may, by notice published on the Internet site of Consumer Affairs Victoria, determine the Melbourne metropolitan area for the purposes of section 47AC.

(3) The Director must ensure that any guidelines issued under subsection (1) are published on the Internet site of Consumer Affairs Victoria.

S. 47AE inserted by No. 58/2016 s. 5.

47AE Revision of estimated selling price

S. 47AE(1) amended by No. 6/2025 s. 77.

(1) If an estate agent or agent's representative knows, or could reasonably be expected to know, that an estimate contained in an engagement or appointment to sell residential property has ceased to be a reasonable estimate of the selling price of the residential property, the agent or representative must notify the seller in writing, stating—

(a) that the estimate contained in the engagement or appointment has ceased
to be reasonable; and

(b) why the agent or representative believes that estimate has ceased to be reasonable; and

(c) that the agent or representative proposes to revise the estimate contained in the engagement or appointment; and

(d) the amount of that revised estimate.

S. 47AE(2) amended by No. 6/2025 s. 77.

(2) As soon as practicable after the agent or representative notifies the seller of residential property under subsection (1), the agent or representative must revise the engagement or appointment to sell the residential property so that the estimate of the selling price complies with sections 47AB and 47AC.

S. 47AF inserted by No. 58/2016 s. 5.

47AF Statements of information

(1) If an estate agent is engaged or appointed to sell any residential property, the agent or an agent's representative employed by the agent must prepare a statement of information for the residential property.

(2) A statement of information must—

(a) include an indicative selling price for the residential property that is expressed as—

(i) a single amount; or

(ii) a price range where the difference between the upper and lower limits of the range does not exceed 10 per cent of the amount of the lower limit of the range; and

(b) include the median selling price for residential property—

(i) sold in the same suburb in which the residential property is located; and

(ii) sold during a period of not less than 3 consecutive months and not more than 12 consecutive months ending not more than 6 months before the information statement is prepared; and

(c) specify the type of residential property to which the median selling price included in the statement relates; and

Example

A statement of information may specify that the median selling price included in the statement relates to houses or units.

(d) include the period described in paragraph (b)(ii) used to determine the median selling price included in the statement; and

(e) if the agent or representative took the sale price of 3 comparable properties into account in accordance with section 47AC in determining the estimate of the selling price—include the address, sale price and date of sale of those properties; and

(f) if the agent or representative did not take the sale price of 3 comparable properties into account in accordance with section 47AC—state that the agent or representative believes that fewer than 3 comparable properties were sold within the relevant period; and

(g) be in a form approved by the Director.

(3) For the purposes of subsection (2)(a), an indicative selling price or, if the indicative selling price is expressed as a range, the lower limit of that range must not be less than any of the following—

(a) if the estimate of the selling price contained in the engagement or appointment to sell the residential property is expressed as a single amount—that amount;

(b) if the estimate of the selling price contained in the engagement or appointment to sell the residential property is expressed as a price range—the lower limit of that range;

(c) the price proposed in any written offer to purchase the residential property that the agent or representative knows, or could reasonably be expected to know, that the seller has rejected unless the offer was rejected for a reason other than because the price proposed in the offer was too low;

(d) any amount that the seller has advised (whether orally or in writing) the agent or representative is the amount that the seller will accept as the selling price for the residential property or, if the seller subsequently revises the amount, the revised amount.

S. 47AF(4) amended by No. 6/2025 s. 78.

(4) The agent or representative must ensure that a statement of information that complies with subsection (2) is displayed at any inspection of the residential property by members of the public.

S. 47AF(5) amended by No. 6/2025 s. 78.

(5) The agent or representative must ensure that a statement of information that complies with subsection (2) is included with any advertisement for the sale of the residential property published by or on behalf of the agent or representative on any Internet site during the period that the residential property is offered for sale.

S. 47AF(6) amended by No. 6/2025 s. 78.

(6) The agent or representative must ensure that, on the request of a prospective purchaser of the residential property, a statement of information that complies with subsection (2) is provided to the prospective purchaser within 2 business days.

(7) The agent or representative must keep a copy
of a statement of information prepared for the purposes of this section and any revised version of the statement.

S. 47B inserted by No. 41/2003 s. 6, amended by Nos 58/2016 s. 6, 6/2025 s. 79.

47B False representation to seller or prospective seller

An estate agent or agent's representative must not make a false representation to a seller or prospective seller of residential property as to the agent's or representative's estimate of the selling price of the residential property.

1. 240 penalty units.

S. 47C (Heading) substituted by No. 58/2016 s. 7(1).

S. 47C inserted by No. 41/2003 s. 6.

47C False representation to prospective purchaser

S. 47C(1) amended by No. 58/2016 s. 7(2).

(1) This section applies to an estate agent who
holds a written engagement or appointment to sell residential property, and to any agent's representative employed by the agent.

S. 47C(2) substituted by No. 58/2016 s. 7(3), amended by No. 6/2025 s. 80.

(2) In making any statement while marketing the residential property, the agent or representative must not state as a selling price or likely selling price of the residential property a price that is—

(a) less than the estimated selling price contained in the engagement or appointment; or

(b) if the estimated selling price contained in the engagement or appointment is expressed as a price range—less than the lower limit of that range.

S. 47C(2A) inserted by No. 58/2016 s. 7(3), amended by No. 6/2025 s. 80.

(2A) In making any statement while marketing the residential property, the agent or representative must not state as a selling price or likely selling price of the residential property a price or price range that is modified by words or symbols.

Example

Examples of words or symbols that may modify a price or price range are—"from", "over", "starting at" or "+".

S. 47C(2B) inserted by No. 58/2016 s. 7(3), amended by No. 6/2025 s. 80.

(2B) In making any statement while marketing the residential property, the agent or representative must not state as a selling price or likely selling price of the residential property a price range where the difference between the upper and lower limits of the range exceeds 10 per cent of the amount of the lower limit of the range.

S. 47C(2C) inserted by No. 58/2016 s. 7(3), amended by No. 6/2025 s. 80.

(2C) In making any statement while marketing the residential property, the agent or representative must not state as a selling price or likely selling price of the residential property—

(a) a price; or

(b) a price range with a lower limit—

that the agent or representative knows, or could reasonably be expected to know, is less than the price proposed in any written offer to purchase the residential property that the seller has rejected.

S. 47C(2D) inserted by No. 58/2016 s. 7(3), amended by No. 6/2025 s. 80.

(2D) Within one business day after the estimate of the selling price of the residential property is revised under section 47AE, the agent or representative must take all reasonable steps—

(a) to remove any advertisement for the residential property published on any Internet site that contains a selling price or likely selling price that is lower than the revised estimate; or

(b) to amend such an advertisement so that the selling price or likely selling price in the advertisement is not lower than the revised estimate.

S. 47C(2E) inserted by No. 58/2016 s. 7(3), amended by No. 6/2025 s. 80.

(2E) As soon as practicable after the estimate of the selling price of the residential property is revised under section 47AE, the agent or representative must take all reasonable steps—

(a) to remove any advertisement for the residential property, other than advertisements published on any Internet site, that contains a selling price or likely selling price that is lower than the revised estimate; or

(b) to amend such an advertisement so that the selling price or likely selling price in the advertisement is not lower than the revised estimate.

S. 47C(2F) inserted by No. 58/2016 s. 7(3), amended by No. 6/2025 s. 80.

(2F) Within one business day of becoming aware that the seller has rejected a written offer to purchase the residential property, the agent or representative must take all reasonable steps—

(a) to remove any advertisement for the residential property published on any Internet site that contains a selling price or likely selling price that is lower than the price proposed in the rejected offer; or

(b) to amend such an advertisement so that the selling price or likely selling price in the advertisement is not lower than the price proposed in the rejected offer.

S. 47C(2G) inserted by No. 58/2016 s. 7(3), amended by No. 6/2025 s. 80.

(2G) As soon as practicable after becoming aware that the seller has rejected a written offer to purchase the residential property, the agent or representative must take all reasonable steps—

(a) to remove any advertisement for the residential property, other than advertisements published on any Internet site, that contains a selling price or likely selling price that is lower than the price proposed in the rejected offer; or

(b) to amend such an advertisement so that the selling price or likely selling price in the advertisement is not lower than the price proposed in the rejected offer.

S. 47C(2H) inserted by No. 58/2016 s. 7(3).

(2H) Subsections (2C), (2F) and (2G) do not apply if the seller rejected the offer to purchase the residential property for a reason other than because the price proposed in the offer was too low.

S. 47C(3) amended by No. 58/2016 s. 7(4).

(3) For the purposes of this section, a statement is made while marketing residential property if—

(a) it is made in an advertisement in respect of the property that is published, or caused to be published, by the agent; or

S. 47C(3)(b) amended by No. 58/2016 s. 7(4).

(b) it is made (whether orally or in writing) to a person as a prospective purchaser of the residential property.

S. 47D inserted by No. 41/2003 s. 6, substituted by No. 58/2016 s. 8.

47D Director may require substantiation

(1) The Director may give an estate agent who is engaged or appointed to sell any residential property a written notice requiring the agent—

(a) to give information or produce documents to the Director to substantiate the reasonableness of one or more of the following—

(i) the estimate of the selling price of the residential property contained in the engagement or appointment to sell the residential property;

(ii) any revision under section 47AE(2) of the estimate contained in the engagement or appointment;

(iii) any advice provided to the seller or a purchaser or prospective purchaser by the agent or a representative employed by the agent, whether orally or in writing, in relation to the estimated selling price or the indicative selling price included in a statement of information;

(iv) any determination of the 3 most comparable residential properties for the purposes of section 47AC;

(v) any statement of the selling price or likely selling price of the residential property made by the agent or representative while marketing the residential property; and

(b) to give any other information or to produce any other document to the Director of a kind specified in the notice.

(2) A notice given under subsection (1) must—

(a) specify the agent to whom the notice is given; and

(b) specify the residential property to which the notice relates; and

(c) state the purposes for which the information or documents are required; and

(d) state that the agent must, within 21 days after the notice is given—

(i) comply with the notice; or

(ii) apply for an extension under subsection (5); and

(e) explain that the agent may refuse or fail to give the information specified in the notice if the agent is a natural person and giving that information would tend to incriminate the agent.

Under section 70U, it is a reasonable excuse for a natural person to refuse or fail to give information if doing so would tend to incriminate the person. However, that excuse does not apply to the production of a document.

(3) A notice given under subsection (1) may—

(a) apply to one or more engagement or appointment of the agent to sell residential property; and

(b) apply to one or more estimate of the selling price of residential property that the agent has been engaged or appointed to sell.

S. 47D(4) amended by No. 6/2025 s. 81.

(4) The agent must not, without reasonable excuse, fail to comply with a notice given under subsection (1) within—

(a) 21 days after the agent is given the notice; or

(b) if the Director grants an extension under subsection (5)—the time specified in the extension.

As an alternative to a charge under subsection (4), the Director may apply to a court under section 70WA for an order directing the agent to comply with the notice.

(5) On the application by the agent within 21 days after a notice under subsection (1) is given, the Director may in writing grant an extension of the time within which the agent must comply with the notice.

The offence under section 70V of giving false or misleading information applies to information or documents required to be given or produced to the Director under this section.

S. 48 amended by Nos 10028 s. 29(a)-(d), 86/1994 s. 47(zd)(i)(ii), substituted by No. 41/2003 s. 35.

48 Notice of commission sharing must be given

(1) This section applies if an estate agent agrees to share any commission to which he or she becomes entitled in respect of any estate agency work with a person who is not—

(a) a licensed estate agent or an agent's representative in his or her employ; or

(b) a licensed estate agent with whom he or she is in partnership.

(2) Before obtaining a person's signature to an engagement or appointment to do any estate agency work on behalf of the person, the agent must ensure that the person is given a statement that complies with subsection (3).

(3) The statement—

(a) must state that any commission the agent is entitled to under the engagement or appointment will be shared with one or more other people; and

(b) must identify by name every person who is entitled to share the commission with the agent; and

(c) must contain any other details required by the regulations; and

(d) must be in a form approved by the Director.

(4) An estate agent must not pay to another person any share of a commission that the agent has obtained in respect of any estate agency work if the agent failed to comply with subsection (2) in respect of the work.

(5) Nothing in this section applies to any engagement or appointment entered into before the date of commencement of section 35 of the Estate Agents and Sale of Land Acts (Amendment) Act 2003.

S. 48A inserted by No. 41/2003 s. 8.

48A Agent must not retain any rebate

(1) An estate agent who is engaged or appointed to do any estate agency work for a person (the client) is not entitled to retain any amount the agent receives from another person as a rebate in respect of—

(a) any outgoings; or

(b) any prepayments made by the client in respect of any intended expenditure by the agent on the client's behalf; or

(c) any payments made by the client to another person in respect of the work.

(2) On receiving any amount of rebate referred to in subsection (1), the agent must immediately pay the amount to the client.

(3) Despite subsection (2), the agent does not have to pay to the client an amount of rebate if the agent, in anticipation of receiving the rebate, has already given that amount to the client either directly or by reducing the amount charged for the outgoing or prepayment to which the rebate relates.

S. 48B inserted by No. 41/2003 s. 8.

48B Rebates must be factored into costs of expenses

(1) An estate agent must not seek to obtain from the client an amount for any outgoings or proposed outgoings (the expenses) that is more than the amount paid, or payable, by the agent for those expenses.

(2) In determining the amount paid, or payable, by the agent, any amount of rebate received or receivable by the agent in respect of the expenses must be taken into account by the agent.

(3) If it is not possible to determine the final amount paid, or payable, for the expenses at the time the agent seeks payment for those expenses, the agent may estimate the amount.

(4) If an estimate is made and paid, and the agent becomes aware that the amount paid in respect of the expenses is less than the estimate, the agent must immediately pay any difference between the estimate and the amount paid by the agent to the client.

(5) For the purposes of this section, an amount of rebate is receivable by an agent only if the agent has an accrued right to receive the amount at the time the agent seeks payment in respect of the expenses in respect of which the rebate is to be received—the amount is not receivable if at that time the receipt of the rebate is contingent on the happening of an event that has not occurred.

S. 48C inserted by No. 41/2003 s. 8.

48C Treatment of non-monetary rebates

(1) For the purposes of sections 48A and 48B, if a rebate is, or is to be, obtained as a benefit rather than as a payment of money, a reference in those sections to the amount of the rebate is to be read as a reference to the value of the rebate.

(2) The dollar amount that is to be attributed to the value of the rebate is a reasonable estimate of the value of the rebate in dollars to the agent.

S. 48D inserted by No. 41/2003 s. 8.

48D Repeated breaches within 12 months

(1) A person who on 3 or more separate occasions occurring on separate days within any period of 12 months engages in conduct that constitutes an offence against section 48A or 48B is guilty of an offence and is liable to a penalty not exceeding 240 penalty units.

(2) It is immaterial whether or not the conduct is of the same nature, or constitutes the same offence, on each occasion.

(3) Proceedings cannot be taken under this section in respect of conduct occurring on a particular occasion if that conduct has resulted in a charge of committing an offence against section 48A or 48B being found proven against the person.

S. 48E inserted by No. 41/2003 s. 8.

48E Right of recovery of rebates

A person who is entitled to be paid an amount in respect of a rebate under section 48A or 48B may recover the amount as a debt due to the person by the agent if the agent fails to pay the amount to the person as required by that section.

S. 49 repealed by No. 86/1994 s. 47(ze).

S. 49A inserted by No. 86/1994 s. 22.

49A Offence not to give certain information about commission

(1) An estate agent must not obtain, or seek to obtain, any payment from a person in respect of work done by, or on behalf of, the agent or in respect of any outgoings incurred by the agent unless—

(a) the agent holds a written engagement or appointment that is signed by the person (or the person's representative); and

(b) before obtaining the person's signature to the engagement or appointment, the agent (or an agents' representative employed by the agent) informed the person (or the person's agent or representative) that the commission to be paid to the agent under the engagement or appointment and any money to be paid by the person in respect of outgoings were subject to negotiation; and

(c) the engagement or appointment contains—

(i) details of the commission and outgoings that have been agreed; and

(ii) if a fee is to be calculated on a percentage basis, a statement of that fee expressed as both a percentage and as the dollar amount that would be payable on the reserve price or any other relevant amount set out in the engagement or appointment; and

S. 49A(1)(c)(iii) substituted by No. 41/2003 s. 9(1).

(iii) a rebate statement that complies with subsection (4); and

S. 49A(1)(c)(iv) amended by No. 52/1998 s. 92.

(iv) a statement in a form approved by the Director as to where a complaint concerning any commission or outgoings in the engagement or appointment can be made; and

S. 49A(1)(c)(v) amended by No. 52/1998 s. 92.

(v) anything else required by the Director; and

(d) the agent (or an agent's representative employed by the agent) gave the person a copy of the signed engagement or appointment.

(2) An estate agent or agent's representative must not destroy any document required by this section and must retain any such document for the prescribed period.

(3) If an estate agent takes any money in respect of commission or outgoings from any money held in trust by the agent on behalf of a person, the agent must give the person written notice of the amount taken, and why it was taken, within 7 days of taking it.

S. 49A(4) inserted by No. 41/2003 s. 9(2).

(4) A rebate statement complies with this subsection if it is in a form approved by the Director and it contains—

(a) a statement of whether or not the agent will be, or is likely to be, entitled to any rebate in respect of—

(i) any outgoings; or

(ii) any prepayments made by the person engaging or appointing the agent (the client) in respect of any intended expenditure by the agent on the client's behalf; or

(iii) any payments made by the client to another person in respect of the work; and

(b) if such an entitlement will, or is likely to, occur, details of—

(i) the goods or services to which the rebate relates; and

(ii) the name of the person providing the rebate; and

(iii) the amount of the rebate that will be attributable to the engagement or appointment, or if that amount is not known at the time the statement is made, an estimate (in dollars) of the amount; and

(c) a statement that the agent is not entitled to retain any rebate and must not charge the client an amount for any expenses that is more than the cost of those expenses; and

(d) any other statements or details required by the regulations.

S. 49A(5) inserted by No. 41/2003 s. 9(2).

(5) Section 48C also applies for the purposes of subsection (4)(b)(iii).

S. 49A(6) inserted by No. 48/2018 s. 53.

(6) An estate agent whose rebate statement contained in an engagement or appointment is in a form approved by the Director does not fail to comply with subsection (4) merely because the rebate statement does not contain—

(a) the statement referred to in subsection (4)(a); or

(b) the statement referred to in subsection (4)(c).

S. 49A(7) inserted by No. 48/2018 s. 53.

(7) Subsection (6) applies only to a rebate statement contained in an engagement or appointment entered into before the day after the day on which the Justice Legislation Miscellaneous Amendment Act 2018 receives the Royal Assent.

See Division 3 of Part IX.