Property Agents and Land Transactions Act 2016

In this Act, unless the contrary intention appears – approved form means a form approved by the Board; approved institution– see section 147(2); auditor means a person practising as a public accountant who is a member of – the Australian Society of Certified Practising Accountants; or the Institute of Chartered Accountants in Australia; or the Institute of Public Accountants in Australia; authorised place of business, in respect of a real estate agent named in Part 1(1) of the Register, a property manager named in Part 2(1) of the Register or a general auctioneer named in Part 3(1) of the Register, means a place shown in the Register as a place where the agent, manager or auctioneer may carry on, respectively, real estate agency business, property management business or general auctioneering business;Board means the Property Agents Board continued under section 5; business, in respect of the sale or purchase of a business, includes a share in a business and the goodwill of a business, but does not include a share in the capital of a company;Code of Conduct or "Code" means the Code of Conduct referred to in section 84; company means a body corporate wherever incorporated; conveyancer has the same meaning as in the Conveyancing Act 2004; deemed registration means an entitlement to automatic deemed registration, within the meaning of the Mutual Recognition Act 1992 of the Commonwealth; document means any record of information, and includes – anything on which there is writing; and anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and a map, plan, drawing or photograph – and a reference in this Act to a document (as so defined) includes a reference to – any part of the document; and any copy, reproduction or duplicate of the document or of any part of the document; and any part of such a copy, reproduction or duplicate; employ includes engage under a contract for services; functions of a property representative includes all or any of the following functions performed by a person while in the employ of a real estate agent or property manager:inducing or attempting to induce, or negotiating with a view to inducing, people to do all or any of the following:acquire or dispose of property or a business; make an offer to acquire or dispose of property; make an offer to acquire or dispose of a business; enter into a contract for the acquisition or disposal of property; enter into a contract for the acquisition or disposal of a business; negotiating the leasing or letting of property; collecting rents for property that is leased or let; managing property that is leased or let; general auctioneer means a person who holds a valid general auctioneer licence; general auctioneering business means business as an auctioneer where the property auctioned does not include land; general auctioneer licence means – a type of licence referred to in section 15(c) that is issued and in force in accordance with section 19(1)(a); or a general auctioneer licence held by a person by virtue of holding deemed registration;Guarantee Fund or Fund means the fund as continued in existence by section 149 under the name Property Agents Guarantee Fund; legal practitioner means an Australian legal practitioner; licence means – a licence issued and in force under this Act; and a licence held by a person by virtue of holding deemed registration; licence holder means a person who holds a licence; magistrate means a magistrate within the meaning of the Magistrates Court Act 1987; name, in respect of a real estate agent named in Part 1(1) of the Register, a property manager named in Part 2(1) of the Register or a general auctioneer named in Part 3(1) of the Register, means the name shown in the Register as a name by which the agent, manager or auctioneer may carry on, respectively, real estate agency business, property management business or general auctioneering business; owner, in respect of property, means the person who holds the legal title to it, that person's successors and assigns and an agent of that person;Panel means the Panel referred to in section 104(3); property includes both real and personal property and any estate or interest in any property real or personal; property agent means a real estate agent, a property manager, a general auctioneer, or a property representative; property agent licence means – a real estate agent licence; and a property manager licence; and a general auctioneer licence; and a property representative licence; property agents industry means the business carried on by property agents; property management business means the carrying out of all or any of the following activities pursuant to instructions received from other people:negotiating the leasing or letting of property; collecting rents for property that is leased or let; managing property that is leased or let; property manager or manager means a person who holds a valid property manager licence; property manager licence means – a type of licence referred to in section 15(b) that is issued and in force in accordance with section 19(1)(a); or a property manager licence held by a person by virtue of holding deemed registration; property representative or representative means a person who holds a valid property representative licence; property representative licence means – a type of licence referred to in section 15(d) that is issued and in force in accordance with section 19(1)(a); or a property representative licence held by a person by virtue of holding deemed registration; public auction means an auction that has been publicly advertised; publish means publish by any means including by publication on the internet; real estate agency business means the carrying out of all or any of the following activities pursuant to instructions received from other people:selling, buying, exchanging, leasing or otherwise dealing with, or disposing of, property or businesses; negotiating the sale, purchase, exchange, lease or any other dealing with, or the disposition of, property or businesses; collecting rents for property that is leased or let; managing property that is leased or let; real estate agent or agent means a person who holds a valid real estate agent licence; real estate agent licence means – a type of licence referred to in section 15(a) that is issued and in force in accordance with section 19(1)(a); and a real estate agent licence held by a person by virtue of holding deemed registration; region means the northern region, the north-western region or the southern region;Register means the Register of Property Agents maintained by the Board under section 29; regulations means the regulations made and in force under this Act; relative, in relation to a person, includes partner, within the meaning of the Relationships Act 2003, of that person;Rental Deposit Authority means the Rental Deposit Authority established under section 48K of the Residential Tenancy Act 1997; repealed Act means the Property Agents and Land Transactions Act 2005;Residential Tenancy Commissioner means the person appointed under section 7 of the Residential Tenancy Act 1997; sale means a disposition of property for valuable consideration; scheme of arrangement means a scheme of arrangement referred to in section 147; statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority, but does not include an Agency, within the meaning of the State Service Act 2000; Tribunal means the Tasmanian Civil and Administrative Tribunal;Trust means the trust as continued in existence by section 141 under the name Property Agents Trust; trust account– see section 134; trust money– see section 133.

In this Act – a reference to Part 1(1) of the Register is a reference to Division (1) of Part 1 of the Register; and a reference to Part 1(2) of the Register is a reference to Division (2) of Part 1 of the Register; and a reference to Part 2(1) of the Register is a reference to Division (1) of Part 2 of the Register; and a reference to Part 2(2) of the Register is a reference to Division (2) of Part 2 of the Register; and a reference to Part 3(1) of the Register is a reference to Division (1) of Part 3 of the Register; and a reference to Part 3(2) of the Register is a reference to Division (2) of Part 3 of the Register.