Property Agents and Land Transactions Act 2016

In this section – benefit includes commission.

Subject to subsection (4), a property agent must disclose to a person for whom the agent is appointed to act in relation to a property or to a purchase of a property – any benefit received by the agent from a third party or given by the agent to a third party in exchange for the referral of business to the agent; or any other benefit the agent receives or is to receive as a result of that appointment. Fine not exceeding 500 penalty units.

If a property agent fails to comply with subsection (2) – any fee or other amount that the agent may otherwise have been entitled to receive from the person for whom the agent is engaged to act is not payable; and any such fee or amount paid may be recovered in a court of competent jurisdiction as a debt due to the person who made the payment.

Subsection (2) does not apply to a benefit worth $100 or less.