84Code of Conduct to be developed by Board

84 Code of Conduct to be developed by Board

(1)  The Board must establish and keep under review a Code of Conduct for property agents to regulate their professional practice, conduct and discipline.

(2)  The Code of Conduct may relate to provisions of this Act in respect of –

(a) the licensing of property agents; and

(b) the qualifications required for each class of property agent; and

(c) the cancellation or suspension of, or the imposition of conditions on, property agents licences; and

(d) the reasons for prohibiting a person from undertaking certain activities within the property agents industry; and

(e) the supervision of trust accounts, including the keeping, inspection and auditing of records relating to money received, held or paid on behalf of clients; and

(f) prohibiting or regulating advertisements by property agents, including the form and content of advertisements and the manner in which advertisements may be published or displayed.

(3)  In drawing up the Code or any amendment to it, the Board is to consult with each body that it considers represents the interests of property agents and relevant consumers.

(4)  A requirement of the Code may be made so as to apply –

(a) differently according to factors, limitations or restrictions specified in the Code; or

(b) to a particular property agent or a defined class of property agents.

(5)  [Section 84 Subsection (5) substituted by No. 40 of 2020, s. 22, Applied:04 May 2022] The Board is to cause the Code and every revised edition of it to be –

(a) made available for inspection by members of the public and property agents –

(i) at the public office of the Board; and

(ii) on the website of the Board; and

(b) emailed to each property agent’s email address.