Eligibility for employment as an agent's representative
16 Eligibility for employment as an agent's representative
S. 16 amended by Nos 10028 s. 10(a)–(c), 29/1989 s. 8(a), substituted by No. 86/1994 s. 11.
A person is eligible to be employed as an agent's representative if she or he—
is at least 18 years of age; and
has passed any prescribed courses of instruction or examination; and
has not, 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; and
is not an insolvent under administration; and
S. 16(1)(da) inserted by No. 52/1998 s. 71(1), amended by No. 13/2019 s. 221(Sch. 1 item 14.1).
is not a represented person within the meaning of the Guardianship and Administration Act 2019; and
S. 16(1)(e) amended by No. 52/1998 s. 71(2).
is not presently subject to a declaration under section 28A(1)(f) that she or he is ineligible to act as an agent's representative; and
S. 16(1)(f) amended by No. 17/2004 s. 7(2).
has not, in relation to anything she or he has done or not done, had a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; and
is not the subject of an order by any regulatory body in or outside Victoria disqualifying him or her from acting as an agent's representative (or an equivalent occupation under the jurisdiction of the regulatory body).
S. 16(1A) inserted by No. 41/2003 s. 22(1).
Despite subsection (1), a person remains eligible to be employed as an agent's representative for 30 days after the person—
S. 16(1A)(a) amended by No. 17/2004 s. 7(2).
has, in relation to anything he or she has done or not done, a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; or
becomes an insolvent under administration; or
is convicted of, or has found proven against him or her, any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more.
Note
Section 22A provides that if an agent's representative is convicted of, or has found proven against him or her, an offence described in subsection (1)(c), the conviction or finding doesn't take effect (and thus the 30 day period doesn't begin) until all avenues of appeal in relation to the conviction or finding have been exhausted.
S. 16(1B) inserted by No. 41/2003 s. 22(1).
A person who applies within the 30 day period referred to in subsection (1A) for permission under section 31A, 31B or 31C to be employed as an agent's representative remains eligible to be employed as an agent's representative until the application is withdrawn or is refused by the Authority.
A person must not act as an agent's representative unless she or he is eligible to be employed as an agent's representative.
- 500 penalty units.
A person must not intentionally misrepresent to any other person that she or he is eligible to be employed as an agent's representative.
- 500 penalty units.
An estate agent must not appoint a person to act as an agent's representative unless the agent, or, in the case of a corporation, the officer in effective control of the estate agency business of the corporation—
S. 16(4)(a) substituted by No. 41/2003 s. 22(2).
has been given—
S. 16(4)(a)(i) amended by Nos 57/2013 s. 10(1), 54/2016 s. 31(1).
a copy of a certificate from the Chief Commissioner of Police or the Australian Crime Commission that indicates that the person is not ineligible to be an agent's representative under subsection (1)(c) and that—
is not more than 6 months old; or
S. 16(4)(a) (i)(B) amended by No. 1/2010 s. 7(a)(i).
is more than 6 months old, but that is accompanied by a statutory declaration of the person stating that he or she has not been found guilty of any disqualifying offence; and
S. 16(4)(a)(ii) repealed by No. 1/2010 s. 7(a)(ii).
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Note to s. 16(4) repealed by No. 1/2010 s. 7(b).
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has taken any other reasonable steps that are necessary to ensure that the person is eligible to be employed as an agent's representative.
- 500 penalty units.
S. 16(5) substituted by No. 52/1998 s. 71(3).
An estate agent must not employ a person to act as an agent's representative at any time during which the person's name is on the record of ineligible persons in the register.
- 500 penalty units.
At the request of the Authority, the Chief Commissioner of Police may give the Authority a report concerning the criminal record of an agent's representative or of a person who has applied for a job as an agent's representative.
S. 16(7) substituted by No. 41/2003 s. 22(3).
An estate agent must keep any document obtained under subsection (4) in relation to an agent's representative for at least 2 years after the agent's representative ceases to be employed by the agent in that capacity.
- 25 penalty units.
S. 16(8) inserted by No. 41/2003 s. 22(3).
A person is ineligible to be an agent's representative if the person—
S. 16(8)(a) amended by No. 57/2013 s. 10(2)(a).
gave the estate agent a copy of a certificate or notice under subsection (4)(a)(i)(B) before being appointed; and
S. 16(8)(b) amended by Nos 57/2013 s. 10(2)(b), 54/2016 s. 31(1).
fails to provide the agent, within 6 weeks of starting employment, with a certificate from the Chief Commissioner of Police or the Australian Crime Commission that is not more than 6 weeks old and that indicates that the person is not ineligible to be an agent's representative under subsection (1)(c).
S. 16(9) inserted by No. 57/2013 s. 10(3), substituted by No. 54/2016 s. 31(2).
In this section, Australian Crime Commission means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth.
S. 16A inserted by No. 86/1994 s. 11, repealed by No. 52/1998 s. 72.
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This Act’s bill:Second reading speech
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