83Interpretation of Part 7

83 Interpretation of Part 7

(1)  In this Part –

conduct means conduct whether consisting of an act or an omission;

conduct complaint means a complaint that appears to involve an issue of unsatisfactory professional conduct or professional misconduct or a conviction for a serious offence;

professional misconduct includes –

(a) unsatisfactory professional conduct of a property agent, where the conduct involves a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence; and

(b) conduct of a property agent whether occurring when acting as a property agent or occurring otherwise than when acting as a property agent, that would, if established, justify a finding that the property agent is not a fit and proper person to continue to act as a property agent;

serious offence means an offence, whether committed in or outside Tasmania, that is –

(a) an indictable offence against a law of the Commonwealth or the State or Territory in which the offence is committed (whether or not the offence is or may be dealt with summarily); or

(b) an offence against a law of another State or a Territory that would be an indictable offence against a law of Tasmania if committed in Tasmania (whether or not the offence could be dealt with summarily if committed in Tasmania); or

(c) an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth or Tasmania if committed in Tasmania (whether or not the offence could be dealt with summarily if committed in Tasmania);

unsatisfactory professional conduct includes conduct of a property agent when acting as a property agent that falls short of the standard of competence and diligence that a reasonable member of the public is entitled to expect from a reasonably competent property agent.

(2)  If it is proved that unsatisfactory professional conduct or professional misconduct committed by a person employed by a real estate agent named in Part 1(1) of the Register, a property manager named in Part 2(1) of the Register or a general auctioneer named in Part 3(1) of the Register was committed with the consent or connivance of, or was attributable to neglect or default on the part of, the agent, manager or auctioneer, the agent, manager or auctioneer is also guilty of that conduct.