Exemptions
14 Exemptions
An agent is exempt from the operation of Part 3
Division 2 of the Act and regulations 18(2) and
25(1)(d) in respect of the receipt and delivery of a cheque by the agent if the cheque—
is a crossed cheque expressed to be payable to a person or persons not being or including the agent (whether or not it is also expressed to be payable to bearer); and
is held by the agent for the purpose of delivery to a person to whom the cheque is expressed to be payable (or such a person's agent), and is so delivered.
An agent is exempt from the operation of section 21(2) of the Act in respect of the receipt of payments of rent (within the meaning of the Residential Tenancies Act 1995) into the agent's trust account.
An agent is exempt from the application of the Act to the extent that the agent—
sells, purchases or otherwise deals with businesses or land (other than residential land or rural land) on behalf of an affiliated entity;
or
sells, purchases or otherwise deals with businesses or land (other than residential land or rural land) on behalf of an entity that owns (whether or not together with any affiliated entity) any property that has—
an aggregate market value of $10 million or more; or
an aggregate gross floor area of
10 000 square metres or more, or conducts negotiations for that purpose.
For the purposes of subregulation (3)—
affiliated entity, in relation to a person, means—
an entity that is controlled (within the meaning of section 50AA of the Corporations
Act 2001 of the Commonwealth) by the person;
or
a related entity (within the meaning of section 9 of the
Corporations
Act 2001 of the Commonwealth) of the person;
rural land means land used, intended to be used, or apparently intended to be used, wholly or mainly for agricultural, pastoral, horticultural or viticultural purposes.
A person who acts as a property manager for an agent is exempt from the operation of section 6AB(1) of the Act if—
the agent is a community housing provider registered under the
Community Housing Providers National
Law; and
the person is an employee engaged by the agent under a contract of service; and
the person performs the functions of a property manager for or on behalf of the agent in relation to land—
owned by the agent; or
held by or on behalf of a Minister, agency or instrumentality of the Crown or a council.
An agent is exempt from the operation of section 6AB(3) of the Act in respect of the engagement of another person to perform the functions of a property manager in the course of the agent's business if—
the agent is a community housing provider registered under the
Community Housing Providers National
Law; and
the other person is engaged to perform those functions as an employee under a contract of service; and
the land in relation to which the other person performs those functions is—
owned by the agent; or
held by or on behalf of a Minister, agency or instrumentality of the Crown or a council.
In this regulation—
council means a council under the
Local Government
Act 1999.
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