Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Land Agents Act 1994. 3—Interpretation In this Act, unless the contrary intention appears— agent—see section 4; authorised officer means an authorised officer under the Fair Trading Act 1987; business includes a share of, or interest in, a business or the goodwill of a business, but does not include a share in the capital of a corporation; Commissioner means the Commissioner for Consumer Affairs; dealing with land includes granting or taking a lease or tenancy agreement over land; director of a body corporate includes— (a) a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and (b) any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act; indemnity fund means the fund maintained under Part 3; land includes— (a) an interest in land; and (b) an exclusive right (whether deriving from the ownership of a share or interest in a body corporate or partnership or arising in some other way) to the separate occupation of land or a building or part of a building; legal practitioner has the same meaning as in the Legal Practitioners Act 1981; money includes an instrument for the payment of money that may be negotiated by an ADI; mortgage means a legal or equitable mortgage over land; mortgage financing means negotiating or arranging loans secured by mortgage including receiving or dealing with payments under such transactions; property manager means a person who, for or on behalf of an agent— (a) grants leases, tenancy agreements or licence agreements in relation to land (whether or not that land is to be used for residential purposes or for the purposes of a business); or (b) induces or attempts to induce, or makes representations or negotiates with a view to inducing, a person to enter into such leases or agreements; or (c) ensures compliance with the terms and conditions of such leases or agreements; or (d) performs a function of a kind prescribed by regulation for the purposes of this paragraph, whether or not the agent is the owner of the land, but does not include a person who performs a function of a kind excluded by regulation from the ambit of this definition; registered agent includes a person registered as an agent and additionally registered as an auctioneer; registered property manager includes— (a) a person registered as a property manager; or (b) a person registered as a sales representative and additionally registered as a property manager; registered sales representative includes a person registered as a sales representative and additionally registered as an auctioneer; sales representative means a person who, for or on behalf of an agent— (a) acquires or disposes of land or a business (including by conducting an auction); or (b) induces or attempts to induce, or makes representations or negotiates with a view to inducing, a person— (i) to acquire or dispose of land or a business; or (ii) to make an offer to acquire or dispose of land or a business; or (iii) to accept an offer to acquire or dispose of land or a business; or (iv) to enter into a contract for the acquisition or disposal of land or a business; or (c) performs a function of a kind prescribed by regulation for the purposes of this paragraph, whether or not the agent is the owner of the land or business, but does not include a person who performs a function of a kind excluded by regulation from the ambit of this definition; sell includes auction and exchange, and purchase has a corresponding meaning; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. 4—Meaning of agent (1) A person is an agent for the purposes of this Act if the person carries on a business that consists of or involves— (a) selling or purchasing or otherwise dealing with land or businesses on behalf of others, or conducting negotiations for that purpose; or (b) selling land or businesses on his or her own behalf, or conducting negotiations for that purpose. (2) However, a person does not act as an agent in so far as— (a) the person sells or purchases or otherwise deals with land or businesses on behalf of others, or conducts negotiations for that purpose, in the course of practice as a legal practitioner; or (b) the person sells land or businesses, or conducts negotiations for that purpose, through the instrumentality of an agent; or (c) the person engages in mortgage financing. 5—Commissioner to be responsible for administration of Act The Commissioner is responsible, subject to the control and directions of the Minister, for the administration of this Act.