Estate Agents Act 1980

A corporation may apply to the Authority for permission to be granted, or to continue to hold, an estate agent's licence even though—

it, or one of its directors, is a person in relation to whom a claim has been allowed against the Fund under Part VII or against a corresponding fund established under any corresponding previous enactment; or

it has been convicted of, or has had found proven against it, an offence involving fraud, dishonesty, drug trafficking or violence that, if it was a natural person, would be punishable by imprisonment for 3 months or more; or

one of its directors is a person 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, but who is still eligible to be a director of the corporation under the Corporations Act despite the conviction or finding of guilt.

An application must—

be in the form approved by the Authority; and

contain the information required by the Authority; and

be accompanied by any documents required by the Authority; and

be accompanied by any fee required by the regulations for the purposes of this section.

The Authority may give its permission if it is satisfied—

that the giving of the permission is not contrary to the public interest; and

in the case of an application made in the circumstances described in subsection (1)(a)—

that the person has refunded all amounts paid out of the Fund or the corresponding fund in respect of the claim; and

that there were exceptional circumstances which gave rise to the claim against the person; and

that having regard to the conduct of the person before and after the claim, there is no reasonable expectation that the person will not comply with this Act and the regulations in future; and

in the case of an application made in the circumstances described in subsection (1)(a) involving a director or in subsection (1)(c), that there is a substantive reason why the person should remain a director of the corporation.

In considering an application, the Authority may—

conduct any inquiries it thinks fit;

require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority;

seek advice and information on the application from any other person or body as it thinks fit.

The Authority may refuse to give its permission if the applicant does not provide the further information required, or any consent needed by the Authority to obtain that information, within a reasonable time after the requirement is made.

If the Authority gives its permission, the corporation is eligible to be granted, or to continue to hold, an estate agent's licence, despite anything to the contrary in section 15(3) or 22(2A).