Determination by Tribunal
110 Determination by Tribunal
If, after hearing a conduct complaint in respect of a property agent, the Tribunal finds the property agent to have been guilty of the conduct that was the subject of the complaint, it may take one or more of the following actions:suspend the licence of the property agent; cancel the licence of the property agent and prohibit the Board from licensing him or her without the approval of the Tribunal; prohibit the property agent from conducting all or any part of real estate agency business, property management business or general auctioneering business, as the case may be, permanently or for a period specified by the Tribunal; impose on the property agent a fine not exceeding an amount equivalent to 750 penalty units; prohibit the property agent from conducting all or any part of real estate agency business, property management business or general auctioneering business, as the case may be, except in accordance with conditions, restrictions or limitations specified by the Tribunal; require the property agent to take or refrain from taking actions specified by the Tribunal; caution or reprimand the property agent.
If the Tribunal imposes a fine, it must specify a period within which the fine is to be paid.
A fine imposed by the Tribunal under this section is to be paid to the Board.
The Tribunal may, in addition to any other action it takes, require a property agent carrying on real estate agency business, property management business or general auctioneering business, as the case may be, to do either or both of the following:submit the business to periodic supervision or inspection by a person appointed by the Tribunal; undertake a course of training of a type specified by the Tribunal.
The Tribunal may accept an undertaking from a property agent to take or refrain from taking action specified by the Tribunal, either generally or during a period specified by the Tribunal, as an alternative to the Tribunal taking action against the property agent under subsection (1).
Nothing in this section is to be taken as depriving any person who has suffered damage, as a result of the action of a property agent, of any right the person may have to take any action against the property agent in respect of that damage.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.