Management of estate agency office
30 Management of estate agency office
Subject to this Act, a person shall not manage the day to day operation of an estate agency office unless he is a licensed estate agent.
S. 30(1A) inserted by No. 9500 s. 7(a).
A licensed estate agent shall not while he manages an estate agency office act as the manager of any other estate agency office.
S. 30(2) amended by No. 10028 s. 18(a), substituted by No. 86/1994 s. 18(1).
Despite subsection (1), a person who held an unexpired approval granted under this section immediately before section 18 of the Estate Agents (Amendment) Act 1994 came into operation may continue to manage the branch office specified in the approval unless he or she is disqualified from doing so under subsection (7).
S. 30(2A) inserted by No. 9500 s. 7(b), amended by No. 10028 s. 18(b), repealed by No. 86/1994 s. 18(2).
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S. 30(2B) inserted by No. 10028 s. 18(c), repealed by No. 86/1994 s. 18(2).
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S. 30(3) amended by Nos 9500 s. 7(c), 10028 s. 18(d), substituted by No. 86/1994 s. 18(3).
A person to whom subsection (2) applies may apply to the Authority for permission to manage a branch office different to the one specified in the approval.
S. 30(4) amended by Nos 9500 s. 7(d), 10028 s. 18(e)(i)–(iii), substituted by No. 86/1994 s. 18(3).
The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so.
S. 30(5) amended by No. 9925 s. 5(a), substituted by No. 86/1994 s. 18(3).
Sections 23 to 24B apply to a person to whom subsection (2) applies as if—
a reference to a licensed estate agent was a reference to the person; and
a reference to the date a licence was granted was a reference to the date the person first received approval under this section; and
a reference to a prescribed fee was a reference to a fee prescribed for the purposes of this section; and
a reference to a form approved by the Authority was a reference to a form approved by the Authority for the purposes of this section; and
a reference to the cancellation of a licence was a reference to the effect of subsection (6).
S. 30(6) substituted by No. 86/1994 s. 18(3).
If a person to whom subsection (2) applies fails to comply with section 23 within the time specified by the notice under section 24A(1), subsection (2) ceases to apply to him or her and any permission granted to him or her under subsection (4) is automatically revoked.
S. 30(7) substituted by No. 86/1994 s. 18(3).
The Tribunal may, after giving the person the chance to be heard, disqualify any person to whom subsection (2) applies from acting as a branch manager if the Tribunal is satisfied that he or she has contravened or failed to comply with this Act, or is not eligible to be an agent's representative.
S. 30(8) substituted by No. 86/1994 s. 18(3).
A person who is authorised to act as the manager of a branch office by subsection (2) must not, while he or she manages that branch office, act as a branch manager in any other branch office of his or her employer or for any other estate agent.
Any person who manages the day to day operation of an estate agency office in contravention of the provisions of this section shall be guilty of an offence.
S. 30AA inserted by No. 10028 s. 19, substituted by No. 86/1994 s. 19, repealed by No. 41/2003 s. 29.
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S. 30AB inserted by No. 86/1994 s. 19, repealed by No. 1/2010 s. 10.
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This provision refers to the regulations (prescribed fee
). 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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