Land Valuers Act 1994

This Act may be cited as the Land Valuers

Act 1994.

In this Act, unless the contrary intention appears—

Commissioner means the Commissioner for Consumer

Affairs;

director of a body corporate includes—

a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act;

land includes—

an interest in land; and

an exclusive right (whether deriving from the ownership of a share or interest in a body corporate or partnership or arising in some other way) to the separate occupation of land or a building or part of a building;

land valuer means a person who carries on a business that consists of or involves valuing land, and includes a person who formerly carried on such a business;

Tribunal means the South Australian Civil and

Administrative Tribunal established under the South Australian Civil and Administrative Tribunal

Act 2013.

The Commissioner is responsible, subject to the control and directions of the Minister, for the administration of this Act.

A natural person must not carry on business, or hold himself or herself out, as a land valuer unless he or she—

holds the qualifications required by regulation; or

has been licensed as a land valuer under the repealed

Land Agents, Brokers and Valuers

Act 1973.

Maximum penalty: Maximum penalty: $20 000.

A land valuer that is a body corporate must ensure that the valuer's business is properly managed and supervised by a natural person who—

holds the qualifications required by regulation; or

has been licensed as a land valuer under the repealed

Land Agents, Brokers and Valuers

Act 1973.

Maximum penalty: Maximum penalty: $20 000.

There is proper cause for disciplinary action against a land valuer if—

the land valuer has acted contrary to an assurance accepted by the

Commissioner under the Fair Trading

Act 1987; or

the land valuer or any other person has acted unlawfully, improperly, negligently or unfairly in the course of conducting, or being employed or otherwise engaged in, the business of the land valuer.

Disciplinary action may be taken against each director of a body corporate that is a land valuer if there is proper cause for disciplinary action against the body corporate.

Disciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented that act or default.

This section applies in relation to conduct occurring before or after the commencement of this Act.

The Commissioner or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this Act.

On the lodging of a complaint, the Tribunal may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this

Act.

Without limiting the usual powers of the Tribunal, the Tribunal may during the hearing—

allow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and

allow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Tribunal may think fit to impose.

For the purposes of section 22 of the

South Australian Civil and Administrative

Tribunal Act 2013, there will be a panel of assessors consisting of—

persons representative of land valuers; and

persons representative of members of the public who deal with land valuers, who have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal under this

Act.

In any proceedings under this Act, the Tribunal may, if the

President so determines, sit with 1 or more assessors from the panel.

In this section—

President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.

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;

prohibit the person from carrying on the business of a land valuer;

prohibit the person from being employed or otherwise engaged in the business of a land valuer;

prohibit the person from being a director of a body corporate that is a land valuer.

The Tribunal may—

stipulate that a 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.

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.

If a person carries on the business of a land valuer in contravention of an order of the Tribunal, the person is guilty of an offence. Maximum penalty: Maximum penalty: $35 000 or imprisonment for 6 months.

If a person—

is employed or otherwise engages in the business of a land valuer;

or

becomes a director of a body corporate that is a land valuer, in contravention of an order of the Tribunal, that person and the land valuer are each guilty of an offence. Maximum penalty: Maximum penalty: $35 000 or imprisonment for 6 months.

The Commissioner must keep a register of disciplinary action taken against a person under this Act and must make a note on the register of any assurance accepted by the Commissioner under the Fair Trading

Act 1987 in relation to a land valuer.

A person may inspect the register on payment of the fee fixed by regulation.