1Short title and commencement

(1)

This Act may be cited as the Estate Agents Act 1980.

(2)

The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

S. 2 repealed by No. 41/1987 s. 103(Sch. 4 item 17.1).

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Part I—Introduction

S. 3 repealed by No. 10087 s. 4(1)(Sch. 2).

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S. 4 amended by No. 72/2001 s. 3(Sch. item 7.2) (ILA s. 39B(1).

4Definitions

(1)

In this Act unless inconsistent with the context or subject-matter—

S. 4(1) def. of accounting records inserted by No. 10028 s. 4(a), amended by No. 86/1994 s. 5(a), substituted by No. 44/2001 s. 3(Sch. item 39.1(a)).

accounting records has the same meaning as financial records has in the Corporations Act;

S. 4(1) def. of agent's representative inserted by No. 86/1994 s. 5(b).

agent's representative means any person—

(a)

who is not a licensed estate agent but who—

(i)

is employed by, or who acts for or by arrangement with, a licensed estate agent; or

(ii)

is a director, member or officer of a corporation that is a licensed estate agent; and

(b)

who performs for that estate agent any of the functions of an estate agent (other than work ordinarily performed by clerks, cashiers or accountants)—

regardless of whether his or her remuneration is by way of salary, wages, commission or otherwise;

S. 4(1) def. of approved auditor inserted by No. 41/2003 s. 12(1)(d), amended by Nos 63/2010 s. 35(1)(a), 36/2011 s. 3, 1/2021 s. 137.

approved auditor means a person who—

(a)

is a member of CPA Australia, the Institute of Public Accountants or Chartered Accountants Australia and New Zealand; and

(b)

meets the requirements of one of those bodies to practise as a public accountant;

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S. 4(1) def. of approved industry association inserted by No. 52/1998 s. 66(a), amended by Nos 41/2003 s. 12(1)(a), 1/2010 s. 4(2), 50/2014 s. 30.

approved industry association means—

(a)

The Real Estate Institute of Victoria Limited ACN 004 210 897;

(b)

the Australian Livestock & Property Agents Association Limited ACN 096 142 880;

(c)

any other industry association approved by the Minister by notice published in the Government Gazette;

S. 4(1) def. of approved names inserted by No. 10028 s. 4(a), repealed by No. 86/1994 s. 5(c).

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S. 4(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 24.1(a)).

authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;

S. 4(1) def. of authorised financial institution inserted by No. 1/2010 s. 4(1).

authorised financial institution means a financial institution that—

(a)

was an authorised financial institution for the purposes of section 60 immediately before section 30 of the Estate Agents (Amendment) Act 1994 came into operation; or

(b)

has entered into an arrangement with the Secretary under section 60(1);

S. 4(1) def. of authorised investment inserted by No. 38/1993 s. 5(1), amended by Nos 11/2001 s. 3(Sch. item 24.1(b)(i)–(iv)), 44/2001 s. 3(Sch. item 39.1(b)).

authorised investment means—

(a)

a term deposit, debenture or deposit stock of an authorised deposit-taking institution;

(b)

a document issued by an authorised deposit-taking institution—

(i)

relating to money which has been deposited with the authorised deposit-taking institution; and

(ii)

which recognises an obligation to pay a stated amount to bearer or to order with or without interest; and

(iii)

which (with or without endorsement) confers by delivery the right of the holder to receive that stated amount with or without interest;

(c)

a loan to the Treasurer repayable on demand;

(d)

a stock, bond, debenture or other security of the Commonwealth or of the State or of any public statutory body constituted under a law of the Commonwealth or of the State which is guaranteed by the Commonwealth or the State;

(e)

a deposit with an eligible money market dealer within the meaning of the Corporations Act;

(f)

a bill of exchange which—

(i)

at the time of acquisition has a maturity date of no more than 200 days; and

(ii)

if purchased for value confers on the holder in due course a right of recourse against an authorised deposit-taking institution as the acceptor or indorser of the bill for an amount equal to the face value of the bill;

(g)

an investment approved, or included in a class of investments approved, for the time being by the Treasurer as an authorised investment, or class of authorised investments, for the purposes of this Act (whether or not of a kind similar to a kind of investment referred to in a preceding paragraph);

S. 4(1) def. of Authority inserted by No. 86/1994 s. 5(d), substituted by No. 52/1998 s. 66(b).

Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;

S. 4(1) def. of bank inserted by No. 38/1993 s. 5(1), repealed by No. 11/2001 s. 3(Sch. item 24.1(c)).

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S. 4(1) def. of Board repealed by No. 86/1994 s. 5(c).

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S. 4(1) def. of books inserted by No. 10028 s. 4(b), amended by Nos 86/1994 s. 5(e), 44/2001 s. 3(Sch. item 39.1(c)).

books has the same meaning as in the Corporations Act;

S. 4(1) def. of branch manager amended by No. 86/1994 s. 5(f).

branch manager means a person permitted by section 30 to manage a branch office;

S. 4(1) def. of branch office substituted by No. 10028 s. 4(c).

branch office means an office in which the business of a licensed estate agent is conducted other than a principal office;

S. 4(1) def. of business amended by No. 10028 s. 4(d).

business means any hotel business, boarding-house business, storekeeper's business, manufacturing business, professional business, service business or any trading business whatsoever, and includes any share or interest in or concerning any stock goodwill or other property or assets included in any transaction relating to a business;

S. 4(1) def. of business day substituted by No. 63/2010 s. 35(2).

business day means a day that is not—

(a)

a Saturday or a Sunday; or

(b)

a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993;

S. 4(1) def. of Chief Executive Officer inserted by No. 9925 s. 2(a), repealed by No. 86/1994 s. 5(c).

* * * * *

commission includes fees charges reward or other remuneration whether monetary or otherwise;

S. 4(1) def. of Council inserted by No. 86/1994 s. 5(g), repealed by No. 17/2024 s. 9.

* * * * *

S. 4(1) def. of CPA Australia inserted by No. 41/2003 s. 12(1)(d).

CPA Australia means CPA Australia A.C.N. 008 392 452;

S. 4(1) def. of declared corporation amended by No. 9/2002 s. 3(Sch. item 6.1(a)), repealed by No. 1/2010 s. 4(4)(a).

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S. 4(1) def. of Director inserted by No. 86/1994 s. 5(h), substituted by Nos 52/1998 s. 66(c), 17/1999 s. 32, amended by No. 21/2012 s. 239(Sch. 6 item 16.1).

Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

S. 4(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 7.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 21.1).

domestic partner of a person means—

(a)

a person who is in a registered relationship with the person; or

(b)

an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)

for fee or reward; or

(ii)

on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

S. 4(1) def. of employ amended by No. 86/1994 s. 5(i).

employ (in relation to the employment of any person as an agent's representative) includes not only directly employ but also by any arrangement or any means whatsoever engage induce or permit any person to act as an agent's representative, and the derivatives of employ have a corresponding interpretation;

S. 4(1) def. of employer's copy repealed by No. 86/1994 s. 5(c).

* * * * *

S. 4(1) def. of estate agent or agent amended by Nos 10028 s. 4(e), 41/2003 s. 12(1)(b)(i)(ii).

estate agent or agent means any person (whether or not he carries on any other business) who exercises or carries on or advertises or notifies or states that he exercises or carries on or that he is willing to exercise or carry on or in any way holds himself out to the public as ready to undertake the business of—

(a)

selling buying exchanging letting or taking on lease of or otherwise dealing with or disposing of;

(b)

negotiating for the sale purchase exchange letting or taking on lease of or any other dealing with or disposition of;

(c)

collecting rents for—

* * * * *

any real estate or business on behalf of any other person;

estate agent's licence means a valid and unexpired estate agent's licence under this Act;

S. 4(1) def. of externally administered body corporate inserted by No. 46/2025 s. 28(1)(a).

externally administered body corporate means a Chapter 5 body corporate as defined by section 9 of the Corporations Act;

S. 4(1) def. of externally-administered corporation inserted by No. 86/1994 s. 5(j), substituted as externally-administered body corporate by No. 101/1998 s. 37(1)(a), amended by No. 44/2001 s. 3(Sch. item 39.1(c)), repealed by No. 46/2025 s. 28(1)(b).

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S. 4(1) def. of Fund inserted by No. 8/2003 s. 44(a), amended by No. 17/2004 s. 3(b).

Fund means the Victorian Property Fund established under this Act;

S. 4(1) def. of Homes Victoria inserted by No. 40/2022 s. 52.

Homes Victoria means the body corporate established under section 9(2) of the Housing Act 1983;

S. 4(1) def. of insolvent under administration inserted by No. 86/1994 s. 5(j), substituted by No. 101/1998 s. 37(1)(b), repealed by No. 4/2008 s. 32(Sch. item 9).

* * * * *

S. 4(1) def. of inspector inserted by No. 103/2004 s. 35, amended by No. 21/2012 s. 239(Sch. 6 item 16.2).

inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;

letting includes every form of leasing or letting of or granting a licence to use real estate and the function or business of letting includes the collection or receipt of rents by an agent on behalf of his principal whether the agent has or has not let the real estate in question;

S. 4(1) def. of licence amended by No. 86/1994 s. 5(k).

licence means estate agent's licence;

S. 4(1) def. of licensed auctioneer repealed by No. 86/1994 s. 5(l).

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licensed estate agent means the holder of an estate agent's licence;

S. 4(1) def. of licensed sub-agent repealed by No. 86/1994 s. 5(l).

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S. 4(1) def. of outgoings inserted by No. 10028 s. 4(f).

outgoings means any moneys spent by an estate agent on his principal's behalf for which the estate agent is at common law entitled to be reimbursed;

S. 4(1) def. of owners corporation inserted by No. 69/2006 s. 224(Sch. 3 item 5.1(b)).

owners corporation has the same meaning as it has in the Owners Corporations Act 2006;

Part means Part of this Act;

S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 58.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 4(1) def. of practising public accountant amended by Nos 9699 s. 23, 86/1994 s. 5(m)(i)(ii), 44/2001 s. 3(Sch. item 39.1(d)), repealed by No. 41/2003 s. 12(1)(c).

* * * * *

S. 4(1) def. of principal office amended by No. 1/2010 s. 4(3).

principal office means the office recorded on the register under section 33(3)(g) as the principal office of a licensed estate agent;

S. 4(1) def. of private corporation amended by No. 9/2002 s. 3(Sch. item 6.1(b)).

private corporation means a corporation whose shares are not listed for quotation on any prescribed financial market (as defined in section 9 of the Corporations Act);

S. 4(1) def. of prescribed repealed by No. 48/2018 s. 55.

* * * * *

S. 4(1) def. of professional conduct rules inserted by No. 86/1994 s. 5(n), amended by No. 63/2010 s. 35(1)(b).

professional conduct rules means the regulations made, or deemed to have been made, under section 99(1)(gg);

S. 4(1) def. of publish inserted by No. 41/2003 s. 12(1)(d).

publish means publish by any means, including by publication on the Internet;

real estate includes—

(i)

any estate or interest in land or buildings;

(ii)

any share or shares in any company limited by shares entitling the holder thereof to the exclusive right to occupy a specified building or part of a building; and

(iii)

any goods chattels or other property or assets included in any transaction relating to real estate;

S. 4(1) def. of rebate inserted by No. 41/2003 s. 7.

rebate includes any discount, commission or other benefit;

S. 4(1) def. of record amended by No. 86/1994 s. 5(o), repealed by No. 52/1998 s. 66(d).

* * * * *

S. 4(1) def. of register inserted by No. 52/1998 s. 66(d).

register means the register kept under section 33;

S. 4(1) def. of registered address repealed by No. 86/1994 s. 5(p), new def. of registered address inserted by No. 63/2010 s. 35(3).

registered address means an address recorded in the register as the address for the service of documents and communications of a licensed estate agent;

S. 4(1) def. of registered education and training organisation inserted by No. 41/2003 s. 12(1)(d), substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 17), repealed by No. 63/2010 s. 35(1)(c).

* * * * *

S. 4(1) def. of registered office amended by No. 8/2003 s. 44(b), repealed by No. 63/2010 s. 35(1)(c).

* * * * *

S. 4(1) def. of Registrar inserted by No. 86/1994 s. 5(q), substituted by No. 52/1998 s. 66(e).

Registrar means the Registrar of the Authority appointed under the Business Licensing Authority Act 1998;

regulations means regulations under this Act;

S. 4(1) def. of residence right inserted by No. 17/2004 s. 3(a).

residence right has the same meaning as in the Retirement Villages Act 1986;

S. 4(1) def. of residential property amended by No. 53/1988 s. 45(Sch. 3 item 13) (as amended by No. 47/1989 s. 23(2)), substituted by No. 58/2016 s. 4(a).

residential property means real estate that is used, or intended to be used, for residential purposes but does not include real estate that is used primarily for the purposes of industry, commerce or primary production;

S. 4(1) def. of retirement village inserted by No. 17/2004 s. 3(a).

retirement village has the same meaning as in the Retirement Villages Act 1986;

S. 4(1) def. of rules repealed by No. 86/1994 s. 5(p).

* * * * *

S. 4(1) def. of secretary repealed by No. 9925 s. 2(b), new def. of Secretary inserted by No. 52/1998 s. 66(f), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 71.1), 17/2024 s. 3.

Secretary means the person for the time being holding the office of Secretary to the Department of Government Services under the Public Administration Act 2004;

S. 4(1) def. of sell inserted by No. 86/1994 s. 5(r).

sell includes to sell by auction;

S. 4(1) def. of small business amended by No. 86/1994 s. 5(s).

small business means business the goodwill plant equipment and fittings of which are sold or offered for sale or authorized to be sold at a total price not exceeding $200 000 (or such other amount not exceeding $500 000 that may be prescribed);

S. 4(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 7.1).

spouse of a person means a person to whom the person is married;

S. 4(1) def. of statement of information inserted by No. 58/2016 s. 4(b).

statement of information means a statement prepared under section 47AF;

S. 4(1) def. of stock and station agent repealed by No. 1/2010 s. 4(4)(b).

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S. 4(1) defs of sub-agent, sub-agent's licence repealed by No. 86/1994 s. 5(t).

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S. 4(1) def. of subdivision body corporate inserted by No. 17/2004 s. 3(a), repealed by No. 69/2006 s. 224(Sch. 3 item 5.1(a)).

* * * * *

S. 4(1) def. of travel agent inserted by No. 10028 s. 4(g).

travel agent means a person solely engaged in the business of making travel arrangements or arranging holiday accommodation;

Treasurer means the Treasurer of Victoria;

S. 4(1) def. of Tribunal inserted by No. 10155 s. 69(1)(a), substituted by Nos 86/1994 s. 5(u), 52/1998 s. 66(g).

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

S. 4(1) def. of working director inserted by No. 86/1994 s. 5(u).

working director means, in relation to a corporation that carries on business as an estate agent, a director of that corporation who is engaged in the estate agency business of that corporation.

S. 4(2) inserted by No. 72/2001 s. 3(Sch. item 7.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 21.2).

(2)

For the purposes of the definition of domestic partner in subsection (1)—

(a)

registered relationship has the same meaning as in the Relationships Act 2008; and

(b)

in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)

a person is not a domestic partner of another person only because they are co-tenants.

S. 4(3) inserted by No. 41/2003 s. 12(2).

(3)

A reference in this Act to—

(a)

"he or she", "she or he", "him or her" or "her or him" is to be read as including a reference to "it", if the context permits;

(b)

"his or her" or "her or his" is to be read as including a reference to "its", if the context permits.

S. 4(4) inserted by No. 41/2003 s. 12(2).

(4)

A reference in this Act to "people" includes a reference to bodies corporate and politic, unless the contrary intention appears.

5Act not to apply to Government Departments etc.

S. 5(1) amended by No. 10028 s. 5(a).

(1)

This Act shall not be construed as requiring—

(a)

any responsible Minister of the Crown or any Government Department;

S. 5(1)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 17.2), 29/1988 s. 57(5), 44/1988 s. 60(1), 94/1990 s. 40(4), 50/1992 s. 10(Sch. item 3), 130/1993 s. 122(Sch. 4 item 4), 53/1994 s. 34(Sch. 1 item 2), 86/1994 s. 45(a), 110/1994 s. 41(Sch. 1 item 3), 56/1995 s. 68(Sch. 1 item 1), 104/1997 s. 46, 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 9)), 6/2010 s. 203(1) (Sch. 6 item 21) (as amended by No. 45/2010 s. 22), 57/2013 s. 9, 39/2016 s. 32, 49/2019 s 186(Sch. 4 item 19), 40/2022 s. 53(a), 11/2024 s. 91.

(b)

Homes Victoria, the Rural Water Corporation, Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010, the Secretary referred to in section 6 of the Conservation, Forests and Lands Act 1987, Generation Victoria, National Electricity, VPX, the Rural Assistance Commissioner;

S. 5(1)(c) amended by Nos 21/1986 s. 4, 12/1989 s. 4 (1)(Sch. 2 item 39.1).

(c)

any municipal council or any local authority within the meaning of the Public Contracts Act 1958 as in force immediately before the commencement of the Public Contracts (Repeal) Act 1986;

(d)

any other public statutory authority specified for the purposes of this section by Order of the Governor in Council published in the Government Gazette;

S. 5(1)(e) amended by Nos 29/1989 s. 23(a), 17/2004 s. 10(1), 40/2022 s. 53(b).

(e)

any person in the exercise of his functions as an officer or employee of the Crown or any Government Department, corporation, council or authority referred to in this subsection or as an agent of Homes Victoria—

to hold a licence under or observe those requirements of this Act which relate to the duties of estate agents.

(2)

This Act shall not be construed as requiring—

S. 5(2)(a) amended by No. 55/1987 s. 57(3)(Sch. 5 item 24).

(a)

any executor, administrator, trustee, liquidator, official receiver, trustee or assignee of a bankrupt for the purposes of performing his functions exercising his powers or carrying out his duties as such;

S. 5(2)(b)(c) repealed by No. 86/1994 s. 45(b).

* * * * *

S. 5(2)(d) amended by Nos 10168 s. 3, 55/1987 s. 57(3)(Sch. 5 item 25), 45/1994 s. 42(Sch. item 4.1).

(d)

any trustee company within the meaning of the Trustee Companies Act 1984 or any officer thereof while bona fide engaged as such officer;

S. 5(2)(e) substituted by Nos 35/1996 s. 453(Sch. 1 item 28.1), 18/2005 s. 18(Sch. 1 item 39.1), amended by No. 17/2014 s. 160(Sch. 2 item 38.1).

(e)

any Australian legal practitioner for the purpose only of carrying out the ordinary functions of an Australian legal practitioner;

S. 5(2)(f) substituted by No. 41/2003 s. 13.

(f)

any person engaged for the purpose only of auditing accounts under Part VI;

S. 5(2)(g) substituted by No. 10028 s. 5(b).

(g)

any person who carries on the business of a travel agent, for the purpose only of carrying out his ordinary functions as a travel agent; or

(h)

any class of persons exempted by the regulations—

to hold a licence under or (except in respect of any provision of this Act which is specifically expressed to apply to any class of persons referred to in this subsection) to observe the requirements of this Act.

S. 5(3) amended by Nos 10028 s. 5(c)(i)(ii), 10168 s. 3, 55/1987 s. 57(3)(Sch. 5 item 26), 45/1994 s. 42(Sch. item 4.2), repealed by No. 86/1994 s. 45(b).

* * * * *

S. 5(4)–(6) amended by No. 10028 s. 5(d)–(f), repealed by No. 86/1994 s. 45(b).

* * * * *

S. 5(7) repealed by No. 86/1994 s. 45(b).

* * * * *

S. 5(8) amended by No. 38/1993 s. 6(a), repealed by No. 86/1994 s. 45(b).

* * * * *

S. 5(9) amended by No. 86/1994 s. 45(c).

(9)

A person who is one of a class of persons exempted under this section or by the regulations from holding an estate agent's licence and who does not hold an estate agent's licence shall not demand, sue for, recover or retain any commission under this Act or the regulations.

S. 5(10) amended by No. 86/1994 s. 47(a).

(10)

This Act shall not be construed as prohibiting any person (not being an estate agent or an agent's representative) from performing any function exercising any power or carrying out any duty which apart from this Act he would have been entitled to perform exercise or carry out under the express authority or permission of any Act.

Pt 2 (Heading and ss 6–11) amended by Nos 9500 s. 2, 9925 ss 3, 4, 9945 s. 3(1)(Sch. 1 item 12), 10028 ss 6(a)–(d), 7, 10155 s. 69(1)(b), 62/1986 s. 4, 29/1989 ss 4, 5, 104/1994 s. 35(Sch. 2 item 1), substituted as Pt 2A (Heading and ss 6–6C) by No. 86/1994 s. 3. amended by Nos 46/1998 s. 7(Sch. 1), 52/1998 s. 67, 41/2003 ss 14, 15, 17/2004 s. 6, 108/2004 s. 117(1) (Sch. 3 item 71.2), 18/2005 s. 18(Sch. 1 item 39.2), 80/2006 s. 26(Sch. item 36), 1/2010 s. 5, 17/2014 s. 160(Sch. 2 item 38.1), 50/2014 s. 31, 1/2021 s. 138, repealed by No. 17/2024 s. 10^[1].

* * * * *

Pt 2B (Heading and ss 7–8A) inserted by No. 86/1994 s. 3, amended by 46/1998 s. 7(Sch. 1), substituted as Pt 2B (Heading and ss 7–11A) by No. 52/1998 s. 68.

Part IIB—Administration

S. 7 substituted by No. 52/1998 s. 68.

7Function of Authority

The Authority is responsible for administering the licensing provisions of this Act.

S. 8 substituted by No. 52/1998 s. 68.

8Powers of Authority to enter into agreements

S. 8(1) amended by No. 17/2024 s. 11.

(1)

The Authority, with the approval of the Minister, may enter into agreements with approved industry associations.

(2)

An agreement under subsection (1)—

(a)

may contain such terms and conditions as are determined by the Authority; and

(b)

may provide for the performance by an approved industry association of a function of the Authority or a function of the Registrar.

New s. 9 inserted by No. 52/1998 s. 68.

9Functions of Director

The functions of the Director under this Act are—

(a)

to ensure that estate agents and agent's representatives comply with trust account procedures, professional conduct rules and other requirements of this Act and the regulations;

(b)

to initiate inquiries before the Tribunal;

(c)

to deal with prosecutions, inquiries and complaints under this Act;

S. 9(d) repealed by No. 17/2024 s. 12.

* * * * *

(e)

any other functions conferred on the Director by or under this Act.

New s. 10 inserted by No. 52/1998 s. 68.

10Powers of Director to enter into agreements

S. 10(1) amended by No. 17/2024 s. 13.

(1)

The Director, with the approval of the Minister, may enter into agreements with approved industry associations.

(2)

An agreement under subsection (1)—

(a)

may contain such terms and conditions as are determined by the Director; and

(b)

may provide for the performance by an approved industry association of a function of the Director (other than a function under section 56A).

Ss 10A–10D inserted by No. 41/2003 s. 16, repealed by No. 63/2010 s. 36.

* * * * *

New s. 11 inserted by No. 52/1998 s. 68.

11Delegation by Director

(1)

The Director may, by instrument, delegate to—

(a)

the Authority; or

(b)

the Registrar; or

(c)

any person engaged or appointed under section 7(2) or 15 of the Business Licensing Authority Act 1998; or

S. 11(1)(d) substituted by No. 35/2000 s. 46, amended by No. 108/2004 s. 117(1) (Sch. 3 item 71.3).

(d)

any person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act; or

(e)

any approved industry association—

any function or power of the Director under this Act other than this power of delegation.

S. 11(2) amended by No. 17/2024 s. 14.

(2)

The Director must obtain the approval of the Minister before delegating a power or function to an approved industry association under subsection (1).

New s. 11A inserted by No. 52/1998 s. 68.

11ADelegation by Secretary

The Secretary may, by instrument, delegate to the Director any function or power of the Secretary under this Act other than this power of delegation.

Part III—Licences

12Estate agents to be licensed

S. 12(1) amended by No. 86/1994 s. 6(1).

(1)

Subject to this Act an individual shall not either by himself or as a member of a partnership—

(a)

exercise or carry on or advertise notify or state that he exercises or carries on or is willing to exercise or carry on the business of an estate agent; or

(b)

act as an estate agent; or

(c)

in any way hold himself out to the public as ready to undertake for payment or other remuneration (whether monetary or otherwise) any of the functions of an estate agent—

unless he is a licensed estate agent.

500 penalty units or imprisonment for 12 months.

S. 12(2) amended by No. 86/1994 s. 6(2).

(2)

Subject to this Act a corporation shall not—

(a)

exercise or carry on or advertise notify or state that it exercises or carries on or is willing to exercise or carry on the business of an estate agent; or

(b)

act as an estate agent; or

(c)

in any way hold itself out to the public as ready to undertake for payment or other remuneration (whether monetary or otherwise) any of the functions of an estate agent—

unless it is a licensed estate agent.

1000 penalty units.

S. 12(3) amended by Nos 38/1993 s. 6(b), 17/2004 s. 10(1).

(3)

Where a licensed estate agent does not carry on business as an estate agent otherwise than as an employee of an estate agent—

S. 12(3)(a) amended by No. 86/1994 s. 47(b).

(a)

sections 44, 47, 51, 59(6) and 62 shall apply to him as if he were an agent's representative for the purposes of this Act; and

S. 12(3)(b) amended by Nos 86/1994 s. 47(c), 38/2017 s. 84.

(b)

sections 25, 29 and 91 shall apply to him as if he were an estate agent for the purposes of this Act.

Ss 12A–12C inserted by No. 41/2003 s. 17, repealed by No. 103/2004 s. 36.

* * * * *

13Agents' representatives

(1)

Subject to this Act—

S. 13(1)(a) repealed by No. 86/1994 s. 7(1)(a).

* * * * *

S. 13(1)(b) amended by No. 86/1994 s. 7(1)(b).

(b)

a person shall not be or act as an agent's representative for any person who should be but is not the holder of an estate agent's licence.

S. 13(2) amended by Nos 86/1994 s. 7(c)(i)(ii), 41/2003 s. 18.

(2)

Nothing in this Act shall be construed as requiring any agent's representative, so far as he performs for any licensed estate agent any of the functions of an estate agent (other than managing the day to day operation of an estate agency office) and is duly authorized to do so by that agent, to hold an estate agent's licence under this Act.

S. 13A inserted by No. 86/1994 s. 8.

13AEstate agents to be responsible for the acts of their representatives

If an estate agent employs an agent's representative, the estate agent is responsible, in tort and in contract, for any thing done or not done by the agent's representative—

(a)

within the scope of the agent's representative's authority; or

(b)

for the benefit, or for the purported or intended benefit, of the estate agent or the estate agent's business.

S. 13B inserted by No. 86/1994 s. 8.

Estate Agents Act 1980

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