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These regulations may be cited as the Land Agents
Regulations 2025.
These regulations come into operation on the day on which they are made.
In these regulations—
Act means the Land Agents
Act 1994;
BSB number (Bank State Branch number) means the number assigned to identify a particular branch of a particular
ADI.
The Commissioner may waive, reduce or refund a fee (or part of a fee) prescribed for the purposes of the Act if satisfied that it is appropriate to do so in a particular case.
Pursuant to paragraph (d) of the definition of property manager in section 3 of the Act, the function of conducting inspections of a property for the purposes of a residential tenancy agreement is prescribed.
For the purposes of section 8B(4) of the Act, a sales representative will not be taken to be properly supervised unless the sales representative is under the direct supervision of an individual—
who is a registered agent; or
who is a registered sales representative (other than a sales representative registered under section 8B of the Act)—
who has been a sales representative (other than a sales representative registered under section 8B of the Act) for an agent for a total of at least 2 years; or
who has been a registered agent or a sales representative (other than a sales representative registered under section 8B of the Act) for an agent (or both) for a total of at least 2 years; or
who has the required combination of experience determined by the
Commissioner by notice published on a website maintained by the
Commissioner.
For the purposes of section 8BB(4) of the Act, a property manager will not be taken to be properly supervised unless the property manager is under the direct supervision of an individual—
who is a registered agent; or
who is a registered property manager (other than a property manager registered under section 8BB of the Act) who has been a property manager (other than a property manager registered under section 8BB of the Act) for an agent, for a total of at least 2 years; or
who is a registered sales representative (other than a sales representative registered under section 8B of the Act) who has been additionally registered as a property manager (other than a property manager registered under section 8BB of the Act) for an agent for a total of at least 2 years; or
who has the required combination of experience determined by the
Commissioner by notice published on a website maintained by the
Commissioner.
For the purposes of section 9(2) of the Act, a registered person must pay the fee and lodge the return on or before—
the last day of the month in each year nominated in writing to the person by the Commissioner; or
if the Commissioner does not nominate a month—the last day of the month in each year that is the same month as the month in which the person's registration was granted.
If there is any change in—
the residential address of a registered agent; or
the postal or email address of a registered agent provided to the
Commissioner for purposes connected with their registration; or
the business or trading name under which a registered agent carries on business; or
the address at which a registered agent carries on business;
or
the address of the registered corporate office of a registered agent that is a body corporate, the agent must, within 14 days after that change, give written notice to the Commissioner of the new address or name (as the case may be). Maximum penalty: $2 500. Expiation fee: $160.
If there is any change in the—
residential address of a registered sales representative or registered property manager; or
postal or email address of a registered sales representative or registered property manager provided to the Commissioner for purposes connected with their registration, the sales representative or property manager must, within
14 days after that change, give written notice to the Commissioner of the new address. Maximum penalty: $2 500. Expiation fee: $160.
A registered agent must, within 14 days after ceasing to carry on business as an agent, give written notice to the Commissioner of that fact. Maximum penalty: $2 500. Expiation fee: $160.
A registered agent must, within 14 days after entering into partnership to carry on business as an agent or ceasing to be in such a partnership, give written notice to the Commissioner of that fact, together with the names of the members of the new or former partnership. Maximum penalty: $2 500. Expiation fee: $160.
If a person is appointed as a director of a body corporate that is a registered agent, the agent must, within 14 days after the appointment—
notify the Commissioner in the manner and form approved by the
Commissioner of the appointment of the new director; and
provide the Commissioner with any information required by the
Commissioner for the purposes of determining whether the new director meets the requirements for directors under section 8(2) of the Act. Maximum penalty: $2 500. Expiation fee: $160.
If a person's registration is surrendered, suspended or cancelled, the person must, at the direction of the Tribunal or the Commissioner, return the certificate of registration and any registration card to the
Commissioner. Maximum penalty: $2 500. Expiation fee: $160.
If, on an application under section 7 of the Act, a registration certificate or card has been issued to a person but the fee payable in respect of the application has not been paid (whether because of the dishonouring of a cheque or otherwise), the person must, at the direction of the Commissioner, return the certificate or card to the
Commissioner. Maximum penalty: $2 500. Expiation fee: $160.
The Commissioner may issue to a registered person a registration certificate or card in replacement of a current registration certificate or card if satisfied that—
the current certificate or card has been lost, destroyed or damaged; or
any particulars appearing on the current certificate or card are incorrect.
If the Commissioner issues to a registered person a replacement registration certificate or card, the person must, at the direction of the
Commissioner, return the original (or previous duplicate) registration certificate or card to the Commissioner. Maximum penalty: $2 500. Expiation fee: $160.
For the purposes of section 11 of the Act, a place of business of an agent will be properly managed and supervised by an individual nominated to the Commissioner if—
the individual is a registered sales representative;
and
the individual has been nominated in a form approved by the
Commissioner; and
the Commissioner has approved the individual as an individual qualified to be nominated to manage and supervise a place of business of an agent.
For the purposes of section 11A of the Act, a registered agent will not be taken to properly manage and supervise a business or place of business referred to in that section unless—
the agent makes written procedures readily available to all employees who handle trust money instructing those employees in the proper handling of such money; and
the agent, in respect of each place of business managed and supervised by an individual other than a registered agent ensures that—
a registered agent who is an individual is responsible for managing the trust accounts; and
the individual nominated to manage and supervise the place of business and all other persons employed at the place of business are instructed as to their obligations under the Act, these regulations and any other relevant laws; and
procedures are in place to enable the agent to ascertain whether the individual nominated to manage and supervise the place of business is managing and supervising the place of business properly and with due care and diligence (including inspection by a registered agent who is an individual, at least once per month, of the place of business and of previously uninspected prescribed business documents of the agent held at the place of business).
In this regulation—
prescribed business documents of an agent means documents or copies of documents relating to the sale or purchase of land or a business in respect of which the agent has been authorised to act and includes—
sales agency agreements; and
auction records; and
trust account records.