Indemnity fund
29 Indemnity fund
The Commissioner must maintain an indemnity fund.
The Commissioner may invest money constituting, or forming part of, the indemnity fund in accordance with the regulations.
The indemnity fund comprises—
the money standing to the credit of the fund kept under Part 8 of the repealed Land Agents, Brokers and Valuers
Act 1973 immediately before the commencement of this
Act; and
interest paid by ADIs to the Commissioner on trust accounts;
and
money recovered by the Commissioner in relation to a fiduciary default; and
fines recovered as a result of disciplinary proceedings under
Part
4; and
interest accruing from investment of the fund; and
money required to be paid into the fund under this or any other
Act.
Money standing to the credit of the indemnity fund may be applied by the Commissioner for any of the following purposes:
the costs of investigating compliance with this Act, compliance with the Land and Business (Sale and
Conveyancing) Act 1994 by agents or sales representatives or possible misconduct of agents, sales representatives or property managers;
the costs of conciliating disputes relating to the activities of agents, sales representatives or property managers;
the costs of disciplinary proceedings under
Part
4;
the costs of prosecutions for offences against this Act or for alleged offences by agents or sales representatives against the
Land and Business (Sale and Conveyancing)
Act 1994;
costs consequent on the appointment of an administrator, temporary manager or examiner under this Act;
the costs of processing claims under this Division and of paying out those claims to the extent authorised by this Division;
the costs of administering and insuring the fund;
the payment of amounts, approved by the Minister, towards the cost of—
prescribed educational programs conducted for the benefit of agents, sales representatives, property managers or members of the public;
or
reviewing the operation of this Act; or
reviewing the operation of the Land and Business (Sale and Conveyancing)
Act 1994 insofar as it relates to agents or sales representatives;
any other purpose specified by or under this or any other
Act.
This provision refers to the regulations (the regulations
). Made under this Act:
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.