Property Agents and Land Transactions Act 2016

In this section – occupation has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth; participating jurisdiction has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth.

A person who intends to carry out work in accordance with a licence in the State by virtue of holding deemed registration must notify the Board of the person’s entitlement to hold deemed registration before carrying out the work. Fine not exceeding 10 penalty units.

A notification under subsection (2) – must be in a manner approved by the Board; and must be in a form approved by the Board; and is to contain any information that the Board considers necessary.

If there is a change in the information provided by a person in a notification to the Board under subsection (2), the person must, as soon as practicable, in a form approved by the Board, notify the Board of the change. Fine not exceeding 10 penalty units.

A person who is a licence holder by virtue of holding deemed registration must not carry out work in accordance with the licence in this State unless the work is within the scope of the work that the person is authorised to carry out for that occupation in the relevant participating jurisdiction. Fine not exceeding 10 penalty units.

If a person is found guilty of an offence against subsection (2), (4) or (5), the Board may – suspend or cancel the deemed registration held by the person; and disqualify the person from holding a licence by virtue of holding deemed registration for a specified period or until the person fulfils a specified condition.

The Board may, at any time, request a person who is a licence holder by virtue of holding deemed registration to provide the Board with any information that the Registrar requires in relation to the maintenance of the person’s skills and any continuing professional development undertaken by the person.

A person who is a licence holder by virtue of holding deemed registration must, before the person proposes to carry out any work in accordance with the licence in this State, provide the Board with notice, in an approved form, containing evidence that the person is covered by insurance that is approved by the Board. Fine not exceeding 10 penalty units.