33The Register

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).