38Employment of property representatives

38 Employment of property representatives

(1)  A real estate agent named in Part 1(1) of the Register or a property manager named in Part 2(1) of the Register must not employ a person to perform the functions of a property representative on behalf of the property manager or real estate agent unless the person is a property representative.

Penalty:  Fine not exceeding 500 penalty units.

(2)  A real estate agent named in Part 1(1) of the Register or a property manager named in Part 2(1) of the Register must not enter into a contract with a body corporate for the performance, by a person who is an employee or contractor of the body corporate, of the functions of a property representative unless the individual is a property representative.

Penalty:  Fine not exceeding 500 penalty units.

(2A)  [Section 38 Subsection (2A) inserted by No. 40 of 2020, s. 18, Applied:04 May 2022] For the avoidance of doubt, nothing in subsection (1) or (2) prevents –

(a) a real estate agent named in Part 1(2) of the Register from being employed or contracted, in the capacity of a real estate agent, by a real estate agent named in Part 1(1) of the Register; or

(b) a property manager named in Part 2(2) of the Register from being employed or contracted, in the capacity of a property manager, by a property manager named in Part 2(1) of the Register.

(3)  A person must not, by any means, hold himself or herself out as being a property representative employed or contracted by a real estate agent named in Part 1(1) of the Register or a property manager named in Part 2(1) of the Register, or by a body corporate, unless the person is so employed or contracted.

Penalty:  Fine not exceeding 100 penalty units.

(4)  A person must not, by any means, perform, or hold himself or herself out as qualified or prepared to perform, any of the functions of a property representative unless the person is a property representative.

Penalty:  Fine not exceeding 100 penalty units.