Property Agents and Land Transactions Act 2016

The Board must not grant an application for a licence unless satisfied that the applicant – has the relevant qualifications specified in Division 3 to be licensed; and is a fit and proper person to hold a property agent licence.

The Board may request an applicant to produce further evidence to satisfy the Board that the applicant is – qualified to be licensed; or a fit and proper person to hold a property agent licence.

For the purposes of determining whether an applicant for a licence is a fit and proper person, the Board may refer to the Commissioner of Police – the name of the applicant for the licence; and any information and documentation that the Board considers relevant.

The Commissioner of Police must inquire into, and report to the Board on, any matters concerning the applicant that the Board requests.

A natural person is not a fit and proper person to hold a property agent licence – if the person is an undischarged bankrupt; or if the person has made a composition or arrangement with creditors and the debts to which the composition or arrangement relates have not been paid in full or the terms of the composition or arrangement have not been fulfilled; or if the Board otherwise determines that the person is not a fit and proper person to hold a property agent licence.

A company is not a fit and proper person to hold a property agent licence if – it is in receivership or in liquidation; or it has taken proceedings for voluntary winding-up (except for the purpose of reorganisation); or it has a winding-up order made in respect of it by the Supreme Court; or it has a director, manager, secretary or other similar officer who is suspended from being a property agent under this Act; or the Board otherwise determines that it is not a fit and proper person to hold a property agent licence.

In this section, a reference to an applicant includes in the case of an applicant that is a body corporate, a reference to the chief executive officer and each director of the body corporate.