Land Agents Act 1994

Subject to subsection (1a), on the hearing of a complaint, the Tribunal may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one or more of the following:

reprimand the person;

impose a fine not exceeding $20 000 on the person;

either—

impose conditions or further conditions on any registration of the person; or

suspend any registration of the person for a specified period or until the fulfilment of stipulated conditions or until further order; or

cancel any registration of the person;

in the case of a person whose registration is suspended—impose conditions as to the conduct of the person or the person's business as an agent after the end of the period of suspension;

disqualify the person from being registered under this Act;

prohibit the person from being employed or otherwise engaged in the business of an agent;

prohibit the person from being a director of a body corporate that is an agent.

If the person to whom the complaint relates has been found guilty of a prescribed offence and the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the Tribunal must, by order, cancel any registration of the person and disqualify the person from being so registered unless the Tribunal is satisfied on the balance of probabilities, by evidence given by the person on oath, that the offence was trifling or committed in exceptional circumstances.

Nothing in subsection (1a) prevents the Tribunal from exercising such other powers under this section as the Tribunal considers appropriate in the circumstances.

The Tribunal may—

stipulate that a disqualification or prohibition is to apply—

permanently; or

for a specified period; or

until the fulfilment of stipulated conditions; or

until further order;

stipulate that an order relating to a person is to have effect at a specified future time and impose conditions as to the conduct of the person or the person's business until that time.

A fine imposed under subsection (1) is payable to the Commissioner for the credit of the indemnity fund.

If—

a person has been found guilty of an offence; and

the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the person is not liable to a fine under this section in respect of conduct giving rise to the offence.

In this section—

an offence against section 13(3); or

an offence against section 24A(2), section 24G(1), (2) or (3) or section 36 of the Land and Business (Sale and Conveyancing) Act 1994.