Eligibility to obtain licence
14 Eligibility to obtain licence
S. 14(1) amended by Nos 10028 s. 8(a), 29/1989 s. 6(1)(a).
A person (other than a corporation) shall not be eligible to be granted an estate agent's licence unless he is not less than eighteen years of age and—
he has—
S. 14(1)(a)(i) amended by Nos 86/1994 s. 9(a), 52/1998 s. 70(1).
passed any courses of instruction or examinations prescribed by the regulations; and
S. 14(1)(a)(ii) amended by No. 29/1989 s. 6(1)(b), repealed by No. 86/1994 s. 9(b).
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S. 14(1)(a)(iii) substituted by No. 29/1989 s. 6(1)(c), amended by No. 86/1994 s. 9(c)(d).
during the 3 years immediately before applying for the licence been engaged in—
full-time employment as an agent's representative for not less than one year or for periods amounting in the aggregate to one year; or
part-time employment as an agent's representative for not less than the equivalent of one year of full-time employment or for periods amounting in the aggregate to the equivalent of one year of full-time employment; or
S. 14(1)(b) amended by No. 86/1994 s. 9(e).
he has within the period of five years immediately preceding his application held an estate agent's licence; or
S. 14(1)(c) inserted by No. 86/1994 s. 9(e), substituted by No. 41/2003 s. 19.
she or he has met any other requirements establishing competency set out in the regulations.
S. 14(2) amended by Nos 29/1989 s. 6(1)(d), 86/1994 ss 9(d)(f), 47(d), repealed by No. 1/2010 s. 6.
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S. 14(3) amended by No. 10028 s. 8(b)(i)–(iii), substituted by No. 29/1989 s. 6(1)(e), amended by No. 86/1994 s. 47(d).
Despite subsection (1), a person is eligible to be granted an estate agent's licence if he or she satisfies the Authority that he or she—
has been licensed or otherwise authorised under the laws of another place or country to carry on a business in that place or country for which an estate agent's licence would be required in Victoria; and
has an adequate knowledge of Victorian estate agency law, practice and procedure, including accounting.
S. 14(4) amended by Nos 10028 s. 8(c), 29/1989 s. 6(1)(f), 86/1994 s. 47(d).
A person shall not be treated as having an adequate knowledge of Victorian estate agency law, practice and procedure, including accounting by reason only of the fact that, with the approval of the Authority pursuant to section 30(4), he has managed a branch office.
S. 14(5) amended by Nos 10028 s. 8(h), 86/1994 s. 9(i).
A person—
S. 14(5)(a) amended by No. 10028 s. 8(d).
who is for the time being disqualified under this Act or any corresponding previous enactment from holding an estate agent's licence; or
S. 14(5)(b) amended by No. 10028 s. 8(e).
who is a director or officer of a corporation which is for the time being disqualified under this Act or any corresponding enactment from holding an estate agent's licence or who was a director or officer of that corporation at the date the corporation was so disqualified; or
S. 14(5)(c) amended by Nos 10028 s. 8(f)(i)(ii), 19/1989 s. 16(Sch. item 20.1), 86/1994 s. 9(g), 17/2004 s. 7(2).
in relation to whom any claim has been allowed against the Fund under Part VII or against a corresponding fund established under any corresponding previous enactment; or
S. 14(5)(d) amended by No. 10028 s. 8(g), substituted by No. 86/1994 s. 9(h), amended by Nos 101/1998 s. 37(2), 46/2025 s. 28(2).
who is an insolvent under administration or an externally administered body corporate; or
S. 14(5)(da) inserted by No. 52/1998 s. 70(2), amended by No. 13/2019 s. 221(Sch. 1 item 14.1).
who is a represented person within the meaning of the Guardianship and Administration Act 2019; or
S. 14(5)(e) inserted by No. 86/1994 s. 9(h).
who has, within the last 10 years in Australia or elsewhere, been convicted or had found proven against him or her any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more; or
S. 14(5)(f) inserted by No. 86/1994 s. 9(h).
who is the subject of an order by any regulatory body in or outside Victoria disqualifying him or her from acting as an estate agent or agent's representative (or an equivalent occupation under the jurisdiction of the regulatory body)—
shall not be eligible to be granted an estate agent's licence.
This provision refers to the regulations (prescribed by the regulations
, the regulations
). Made under this Act:
- Estate Agents (Education) Regulations 2020 · under section 99
- Estate Agents (Exemption) Regulations 2024 · under section 99
- Estate Agents (Fees) Regulations 2018 · under section 99
2 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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