A contractual assertion that no agency relationship exists does not prevent a finding that a person acted as a real estate agent within the meaning of the Auctioneers and Agents Act 1971 (Qld) where the substance of the relationship is otherwise. The words 'as an agent for others' in the statutory definition connote a person engaged to act on behalf of another in the buying and selling of real estate, and do not require authority to commit contractually. A charge of acting as a real estate agent particularised by reference to multiple transactions is not duplicitous where the transactions are particulars of the single offence.
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