Grant and effect of licence
21 Grant and effect of licence
S. 21(1) amended by No. 86/1994 ss 7(3), 47(k), substituted by No. 52/1998 s. 75(1).
The Authority must consider every application for an estate agent's licence.
S. 21(2) amended by No. 9925 s. 5(a), repealed by No. 86/1994 s. 12(1), new s. 21(2) inserted by No. 52/1998 s. 75(1).
In considering an application for a licence, the Authority may—
conduct any inquiries it thinks fit;
require an applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;
seek and use advice and information on the application from any other person or body or source it thinks fit.
S. 21(3) substituted by Nos 86/1994 s. 12(2), 52/1998 s. 75(1).
The Authority may engage or appoint any person to assist it in considering an application.
S. 21(3A) inserted by No. 52/1998 s. 75(1).
The Authority may refuse to grant a licence to a person if the person does not provide the further information required within a reasonable time of the requirement being made.
S. 21(3B) inserted by No. 52/1998 s. 75(1).
The Authority is not required to conduct a hearing to determine whether to grant a licence or refuse to issue a licence.
S. 21(4) amended by No. 86/1994 ss 12(3), 47(k).
Where the Authority—
is satisfied that the applicant is eligible to be the holder of a licence;
S. 21(4)(b) amended by Nos 86/1994 ss 12(4), 47(i), 41/2003 s. 24.
if the applicant is an individual, is satisfied that he or she is of good character and has received no information that he or she is not a fit and proper person to hold a licence;
S. 21(4)(c) repealed by No. 86/1994 s. 47(j).
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the Authority shall grant the applicant a licence (subject to section 36(2)(a)).
S. 21(4A) inserted by No. 10028 s. 14, amended by No. 86/1994 s. 47(k).
A licence granted under subsection (4) shall be subject to such conditions and limitations as the Authority sees fit to impose.
S. 21(4B) inserted by No. 86/1994 s. 12(5), amended by No. 52/1998 s. 75(2).
If the Authority is not satisfied of any thing referred to in subsection (4) in relation to an applicant, it must refuse to issue a licence to the applicant and must give the applicant written notice of the refusal within 14 days of the refusal.
S. 21(4C)(4D) inserted by No. 86/1994 s. 12(5), repealed by No. 52/1998 s. 75(3).
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S. 21(5) amended by No. 9925 s. 5(a), substituted by Nos 86/1994 s. 12(6), 52/1998 s. 75(4).
A licence—
must be in a form determined by the Authority; and
must be issued and signed by the Registrar; and
must be endorsed with any conditions and limitations imposed by the Authority under subsection (4A).
S. 21(5A) inserted by No. 86/1994 s. 12(6).
A decision of the Authority to grant a licence lapses unless the applicant for the licence pays the prescribed licence fee to the Authority within 28 days of receiving written notice from the Authority that it has granted the licence.
S. 21(6) substituted by No. 86/1994 s. 12(6).
The Authority may postpone its consideration of an application for a licence until such time as it considers appropriate.
S. 21(7) substituted by No. 86/1994 s. 12(6).
Subject to this Act, a licence authorises the estate agent to whom it has been granted to be and to act as an estate agent in all parts of Victoria until the licence is surrendered, suspended or cancelled.
S. 21(8) repealed by No. 86/1994 s. 12(7).
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S. 21(9) amended by No. 9500 s. 5, repealed by No. 86/1994 s. 7(4).
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S. 21(10) amended by Nos 9925 s. 5(a), 86/1994 ss 7(3), 47(l), 52/1998 s. 75(5).
Subject to subsection (11), the holder of an estate agent's licence may at any time surrender the licence by notice in writing addressed to the Authority accompanied by the licence, and the surrender shall be effective as on the date of the receipt of the notice by the Authority.
S. 21(11) inserted by No. 52/1998 s. 75(6).
If an application has been made to the Tribunal to conduct an inquiry under section 25 in relation to an estate agent, the estate agent may not, without leave of the Tribunal, surrender the licence unless the Tribunal has determined to take action under section 28A or has determined not to take any such action.
S. 21A inserted by No. 52/1998 s. 76.
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