Property Agents and Land Transactions Act 2016
36Management of real estate agency business
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36 Management of real estate agency business
(1) Subject to subsection (7) , a real estate agent named in Part 1(1) of the Register must not carry on real estate agency business unless the business is –
(a) carried on at an authorised place of business; and
(b) [Section 36 Subsection (1) amended by No. 40 of 2020, s. 16, Applied:04 May 2022] managed by a natural person who is –
(i) the real estate agent; or
(ii) a real estate agent, named in Part 1(2) of the Register, employed by the agent.
Penalty: Fine not exceeding 50 penalty units.
(2) A real estate agent must not manage a real estate agency business unless it is carried on at an authorised place of business for that real estate agency business.
Penalty: Fine not exceeding 50 penalty units.
(3) A real estate agent, unless authorised by the Board, must not manage real estate agency business at more than one authorised place of business.
Penalty: Fine not exceeding 50 penalty units.
(4) The Board may authorise a real estate agent to manage real estate agency business at no more than 3 authorised places of business.
(5) Before authorising a real estate agent under subsection (4) , the Board must be satisfied that –
(a) the real estate agent is competent to manage the real estate agency business; and
(b) the places of business are all in the same region.
(6) For the purpose of this section, a real estate agency business is being managed by a real estate agent if the agent, although not necessarily in full-time attendance at the place of business, is aware of, and has responsibility for, the day-to-day activities carried on there.
(7) If for any reason a real estate agency business at an authorised place of business cannot be managed by the real estate agent, or by a real estate agent employed by the agent, the Board may, if it is satisfied that there are good reasons for doing so, permit the real estate agency business to be managed, for such period as the Board is to specify, by a property representative employed by the agent.