104Rebate statements

104 Rebate statements (1) Section 49A as amended by the **Justice Legislation Miscellaneous Amendment Act 2018** applies to, and is taken to have always applied to, the engagement or appointment of an estate agent in respect of work done by, or on behalf of, the agent or in respect of any outgoings incurred by the agent. (2) Despite subsection (1), the amendment of section 49A by the **Justice Legislation Miscellaneous Amendment Act 2018** does not affect the rights of the parties in the proceeding known as *Advisory Services Pty Ltd (trading as Ray White St Albans) v Augustin & Anor* [2018] VSCA 95 in the Supreme Court. (3) Despite section 14(2) of the **Interpretation of Legislation Act 1984**, subsection (1) applies to any other proceeding commenced before 9 June 2018 which concerns the validity of a rebate statement contained in an engagement or appointment of an estate agent because the rebate statement does not contain— (a) the statement referred to in section 49A(4)(a); or (b) the statement referred to in section 49A(4)(c). Pt 9 Div. 4 (Heading and s. 105) inserted by No. 17/2024 s. 18.