Part 6Miscellaneous

Part 6—Miscellaneous 32—Exemptions (1) The Minister may, on application by a person, exempt the person from compliance with a specified provision of this Act. (2) An exemption is subject to the conditions (if any) imposed by the Minister. (3) The Minister may, at his or her discretion, vary or revoke an exemption. (4) The grant or a variation or revocation of an exemption must be notified in the Gazette. 33—No exclusion etc of rights conferred or conditions implied or applied by Act Subject to this Act, a purported exclusion, limitation, modification or waiver of a right conferred, or contractual condition implied or applied, by this Act is void. 34—Civil remedies unaffected Nothing in this Act prejudices any civil remedy available apart from this Act. 35—Misrepresentation No term or provision of an agreement for the sale and purchase of land or a business prevents a party from claiming or being awarded damages or other relief in respect of misrepresentation in connection with the sale or purchase of the land or business. 36—False or misleading representation (1) A person who makes a false or misleading representation for the purpose of inducing another person to— (a) sell or purchase land or a business; or (b) engage the first mentioned person or a third person to act as an agent in the sale or purchase of land or a business; or (c) enter into any contract or arrangement in connection with the sale or purchase of land or a business, Maximum penalty: $20 000 or imprisonment for 1 year. (2) In proceedings for an offence against subsection (1), it is not necessary for the prosecution to establish that the defendant knew the representation to be false or misleading, but it is a defence for the defendant to prove that he or she had reasonable ground to believe, and did believe, the representation to be true. 37—Signing on behalf of agent If a document is required or authorised by this Act to be signed by an agent, the document may be signed by a person authorised to act on behalf of the agent. 37A—Keeping of records (1) An agent who is required under Part 4 or 4A to keep a document or record must— (a) keep the document or record at a place of business of the agent in the State for 5 years from the day on which the document or record was received or made; and (b) have the document or record readily available for inspection at all reasonable times by an authorised officer. (2) For the purposes of this section, a document or record may, subject to the regulations, be kept in electronic form. record includes a register. 37B—General defence It is a defence to a charge of an offence against this Act, other than an offence against Part 2, if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. 38—Liability for act or default of officer, employee or agent For the purposes of this Act, an act or default of an officer, employee or agent of a person will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority. 39—Offences by bodies corporate Where a body corporate is guilty of an offence against this Act, each director of the body corporate is guilty of an offence and liable to the same penalty as is imposed for the principal offence unless it is proved that the director could not by the exercise of reasonable diligence have prevented the commission of that offence. 40—Prosecutions (1) Proceedings for a summary offence against this Act must be commenced— (a) in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921; (b) in any other case—within 5 years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within 7 years of that date. (2) A prosecution for an offence against this Act cannot be commenced except by— (a) the Commissioner; or (b) an authorised officer under the Fair Trading Act 1987; or (c) a person who has the consent of the Minister to commence the prosecution. (3) In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent. 41—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (aa) make provision for a method of service (which may include electronic transmission) of a notice or other document required or authorised to be served or given by this Act, which may include a method in addition to, or as an alternative to, a method of service provided for by this Act; (a) exempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act; (ab) impose fees in respect of any matter under this Act, and make provision relating to their payment, recovery or waiver; (b) impose a penalty (not exceeding a fine of $5 000) for contravention of, or non-compliance with, a regulation; (c) fix expiation fees, not exceeding a fee of $315, for alleged offences against the regulations. (3) Regulations under this Act— (a) may be of general application or limited application; (b) may make different provision according to the matters or circumstances to which they are expressed to apply; (c) may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister. 42—Review of Parts 4 and 4A The Minister must— (a) within 2 years after the commencement of this section, cause a review of the operation of Parts 4 and 4A to be undertaken and the outcome of the review to be incorporated into a report; and (b) within 6 sitting days after receipt of the report, ensure that a copy of the report is laid before each House of Parliament. Schedule—Transitional provisions Preparation of conveyancing instruments (1) Part 5 does not prevent a person who is a party to, or has acted as an agent in, a transaction in respect of which a conveyancing instrument has been, or is to be, prepared from charging a fee for the preparation of the instrument if— (a) the instrument is prepared by a legal practitioner or registered conveyancer in that person's employment; and (b) the legal practitioner or registered conveyancer has been continuously in that person's employment since 1 May 1973 or some earlier date. (2) Part 5 does not prevent the preparation of a conveyancing instrument by a legal practitioner or registered conveyancer who stands in a prescribed relationship to an agent acting for a party to the transaction in respect of which the instrument is prepared if the legal practitioner or registered conveyancer— (a) has stood in that relationship continuously from 1 May 1973 or some earlier date; and (b) was licensed as a land broker, or admitted and enrolled as a practitioner of the Supreme Court of South Australia, or was qualified to be so licensed, or admitted and enrolled, on 1 May 1973; and (c) in the case of a person acting in the employment of a conveyancer that is a body corporate—is not a director of the body corporate, or in a position to control the conduct of the affairs of the body corporate. (3) An exemption granted under Part 7 Division 3 of the Land Agents, Brokers and Valuers Act 1973 and in force immediately before the commencement of this Act continues in force according to its terms as an exemption from the corresponding provision of Part 5. (4) The Commissioner may, by notice in writing, vary or revoke an exemption referred to in subclause (3). Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Land and Business (Sale and Conveyancing) Act 1994 15.12.1994 1.6.1995 (Gazette 25.5.1995 p2198) Statutes Amendment (Sunday Auctions and Indemnity Fund) Act 1995 7.12.1995 Pt 4—1.2.1996 (Gazette 1.2.1996 p1002) Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 2.5.1996 Sch (cl 21)—3.2.1997 (Gazette 19.12.1996 p1923) Statutes Amendment (Community Titles) Act 1996 9.5.1996 s 8—4.11.1996 (Gazette 31.10.1996 p1460) Statutes Amendment (Consumer Affairs—Portfolio) Act 2000 13.7.2000 Pt 3 (ss 8 & 9) and Sch 2—1.10.2000 (Gazette 7.9.2000 p1638); Pt 3 (s 7)—13.7.2002 (s 7(5) Acts Interpretation Act 1915) Statutes Amendment and Repeal (National Competition Policy) Act 2003 29.5.2003 Pt 3 (s 6)—1.7.2003 (Gazette 26.6.2003 p2811) Statutes Amendment (Real Estate Industry Reform) Act 2007 2.8.2007 Pt 4 —28.7.2008 (Gazette 3.7.2008 p3203) except ss 33(1), (3) & 35(2), (3)—1.8.2009 (Gazette 30.4.2009 p1543) Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 31 (s 61)—17.6.2013 (Gazette 6.6.2013 p2498) Statutes Amendment (Real Estate Reform Review and Other Matters) Act 2013 23.5.2013 Pt 4 (ss 7—22)—1.1.2014 (Gazette 21.11.2013 p4278) Land and Business (Sale and Conveyancing) (Beneficial Interest) Amendment Act 2017 15.8.2017 29.1.2018 (Gazette 12.12.2017 p4958) Public Holidays Act 2023 7.12.2023 Sch 1 (cl 10)—1.1.2024: s 2 Statutes Amendment (Planning, Infrastructure and Other Matters) Act 2025 27.11.2025 Pt 3 (s 4)—15.1.2026 (Gazette 15.1.2026 p24) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1 s 2 deleted by 43/2000 s 9 (Sch 2) s 3 allotment inserted by 38/1996 s 8(a) 4.11.1996 auction record authorised officer bidders register business day deleted by 39/2023 Sch 1 cl 10 1.1.2024 commission inserted by 28/2007 s 31(2) legal practitioner substituted by 4/2003 s 6 1.7.2003 offer inserted by 28/2007 s 31(3) place of residence inserted by 28/2007 s 31(3) purchaser amended by 28/2007 s 31(4) residential land inserted by 28/2007 s 31(5) sales agency agreement inserted by 28/2007 s 31(6) sales representative inserted by 28/2007 s 31(6) standard conditions of auction inserted by 17/2013 s 7 subdivided land amended by 38/1996 s 8(b) 4.11.1996 vendor amended by 28/2007 s 31(7) s 4 s 4(1) amended by 17/2013 s 8 s 4(2) amended by 28/2007 s 32 Pt 2 s 5 s 5(2) substituted by 28/2007 s 33(1) amended by 17/2013 s 9(1) s 5(5) amended by 28/2007 s 33(2) s 5(7) amended by 17/2013 s 9(2) s 5(8) agent's address for service inserted by 28/2007 s 33(3) prescribed time amended by 28/2007 s 33(4) s 6 s 6(2a)—(2c) inserted by 28/2007 s 34(1) s 6(3) rent inserted by 28/2007 s 34(2) s 6(4) amended by 64/2025 s 4 15.1.2026 s 7 s 7(1) amended by 28/2007 s 35(1) amended by 28/2007 s 35(2) s 7(5) inserted by 28/2007 s 35(3) s 8 s 8(1) amended by 28/2007 s 36 s 9 s 9(1) amended by 28/2007 s 37(1)—(3) amended by 17/2013 s 10(1) s 9(2) amended by 28/2007 s 37(4)—(6) amended by 17/2013 s 10(2) s 11 substituted by 17/2013 s 11 s 12 s 12(1) s 12(2) amended by 43/2000 s 7 13.7.2002 s 13 amended by 28/2007 s 38 s 13A inserted by 28/2007 s 39 s 13A(2) amended by 17/2013 s 12 s 14 amended by 28/2007 s 40(1), (2) s 17 amended by 28/2007 s 41 Pt 3 s 18 s 18(1) s 19 amended by 28/2007 s 42 Pt 4 before substitution by 28/2007 s 20 s 21 s 21(1) s 21(2) s 23 s 23(1) and (2) s 24 s 24(1) Pt 4 substituted by 28/2007 s 43 s 20 s 20(1) amended by 17/2013 s 13(1), (2) s 20(2) substituted by 17/2013 s 13(3) s 20(4) amended by 17/2013 s 13(4) s 20(5) substituted by 17/2013 s 13(5) s 20(5a) inserted by 17/2013 s 13(5) s 20(6) amended by 17/2013 s 13(6) s 20(6a)—(6f) inserted by 17/2013 s 13(7) s 20(9) amended by 17/2013 s 13(8) s 20(10) and (11) inserted by 17/2013 s 13(9) s 21 s 21(2) substituted by 17/2013 s 14 s 21(2a) and (2b) inserted by 17/2013 s 14 s 24A s 24A(1) amended by 17/2013 s 15(1), (2) s 24A(2) substituted by 17/2013 s 15(3) s 24A(3) and (4) inserted by 17/2013 s 15(3) s 24G s 24G(1) and (2) amended by 30/2017 s 4(1) s 24G(2a) inserted by 30/2017 s 4(2) s 24G(3) amended by 30/2017 s 4(3) s 24G(4) amended by 30/2017 s 4(4) s 24G(6) amended by 30/2017 s 4(5) s 24G(9) amended by 30/2017 s 4(6) s 24G(10a) and (10b) inserted by 30/2017 s 4(7) s 24G(11) associate substituted by 30/2017 s 4(8) medical practitioner inserted by 30/2017 s 4(9) relative substituted by 30/2017 s 4(10) Pt 4A inserted by 28/2007 s 43 s 24I substituted by 17/2013 s 16 s 24J s 24J(1) amended by 17/2013 s 17 s 24K s 24K(1) amended by 17/2013 s 18(1)—(3) Pt 5 s 26 s 26(1) amended by 28/2007 s 44 s 27 amended by 28/2007 s 45 amended by 17/2013 s 19 s 28 amended by 28/2007 s 46 amended by 17/2013 s 20 s 29 s 29(1) amended by 17/2013 s 21(1) s 29(2) amended by 17/2013 s 21(2) s 29(3) amended by 17/2013 s 21(3) s 30 amended by 28/2007 s 48 amended by 17/2013 s 22 Pt 6 s 33 amended by 28/2007 s 49 s 36 s 36(1) substituted by 28/2007 s 50(1) s 36(2) amended by 28/2007 s 50(2) s 37 deleted by 96/1995 s 6 1.2.1996 inserted by 28/2007 s 51 ss 37A and 37B inserted by 28/2007 s 51 s 39 deleted by 16/2013 s 61 17.6.2013 s 39 inserted by 30/2017 s 5 s 40 s 40(1) substituted by 43/2000 s 8 amended by 30/2017 s 6 s 41 s 41(2) amended by 28/2007 s 52(1)—(4) s 42 inserted by 28/2007 s 53 Transitional etc provisions associated with Act or amendments Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 5—Transitional provision An Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act. Historical versions Reprint No 1—1.2.1996 Reprint No 2—4.11.1996 Reprint No 3—3.2.1997 Reprint No 4—1.10.2000 Reprint No 5—13.7.2002 Reprint No 6—1.7.2003 17.6.2013 1.1.2024