Estate Agents Act 1980

S. 3 repealed by No. 10087 s. 4(1)(Sch. 2).

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S. 4 amended by No. 72/2001 s. 3(Sch. item 7.2) (ILA s. 39B(1).

S. 4(1) def. of accounting records inserted by No. 10028 s. 4(a), amended by No. 86/1994 s. 5(a), substituted by No. 44/2001 s. 3(Sch. item 39.1(a)).

accounting records has the same meaning as financial records has in the Corporations Act;

S. 4(1) def. of agent's representative inserted by No. 86/1994 s. 5(b).

agent's representative means any person—

regardless of whether his or her remuneration is by way of salary, wages, commission or otherwise;

S. 4(1) def. of approved auditor inserted by No. 41/2003 s. 12(1)(d), amended by Nos 63/2010 s. 35(1)(a), 36/2011 s. 3, 1/2021 s. 137.

approved auditor means a person who—

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S. 4(1) def. of approved industry association inserted by No. 52/1998 s. 66(a), amended by Nos 41/2003 s. 12(1)(a), 1/2010 s. 4(2), 50/2014 s. 30.

approved industry association means—

S. 4(1) def. of approved names inserted by No. 10028 s. 4(a), repealed by No. 86/1994 s. 5(c).

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S. 4(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 24.1(a)).

authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;

S. 4(1) def. of authorised financial institution inserted by No. 1/2010 s. 4(1).

authorised financial institution means a financial institution that—

S. 4(1) def. of authorised investment inserted by No. 38/1993 s. 5(1), amended by Nos 11/2001 s. 3(Sch. item 24.1(b)(i)–(iv)), 44/2001 s. 3(Sch. item 39.1(b)).

authorised investment means—

S. 4(1) def. of Authority inserted by No. 86/1994 s. 5(d), substituted by No. 52/1998 s. 66(b).

Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;

S. 4(1) def. of bank inserted by No. 38/1993 s. 5(1), repealed by No. 11/2001 s. 3(Sch. item 24.1(c)).

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S. 4(1) def. of Board repealed by No. 86/1994 s. 5(c).

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S. 4(1) def. of books inserted by No. 10028 s. 4(b), amended by Nos 86/1994 s. 5(e), 44/2001 s. 3(Sch. item 39.1(c)).

books has the same meaning as in the Corporations Act;

S. 4(1) def. of branch manager amended by No. 86/1994 s. 5(f).

branch manager means a person permitted by section 30 to manage a branch office;

S. 4(1) def. of branch office substituted by No. 10028 s. 4(c).

branch office means an office in which the business of a licensed estate agent is conducted other than a principal office;

S. 4(1) def. of business amended by No. 10028 s. 4(d).

business means any hotel business, boarding-house business, storekeeper's business, manufacturing business, professional business, service business or any trading business whatsoever, and includes any share or interest in or concerning any stock goodwill or other property or assets included in any transaction relating to a business;

S. 4(1) def. of business day substituted by No. 63/2010 s. 35(2).

business day means a day that is not—

S. 4(1) def. of Chief Executive Officer inserted by No. 9925 s. 2(a), repealed by No. 86/1994 s. 5(c).

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commission includes fees charges reward or other remuneration whether monetary or otherwise;

S. 4(1) def. of Council inserted by No. 86/1994 s. 5(g), repealed by No. 17/2024 s. 9.

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S. 4(1) def. of CPA Australia inserted by No. 41/2003 s. 12(1)(d).

CPA Australia means CPA Australia A.C.N. 008 392 452;

S. 4(1) def. of declared corporation amended by No. 9/2002 s. 3(Sch. item 6.1(a)), repealed by No. 1/2010 s. 4(4)(a).

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S. 4(1) def. of Director inserted by No. 86/1994 s. 5(h), substituted by Nos 52/1998 s. 66(c), 17/1999 s. 32, amended by No. 21/2012 s. 239(Sch. 6 item 16.1).

Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

S. 4(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 7.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 21.1).

domestic partner of a person means—

S. 4(1) def. of employ amended by No. 86/1994 s. 5(i).

employ (in relation to the employment of any person as an agent's representative) includes not only directly employ but also by any arrangement or any means whatsoever engage induce or permit any person to act as an agent's representative, and the derivatives of employ have a corresponding interpretation;

S. 4(1) def. of employer's copy repealed by No. 86/1994 s. 5(c).

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S. 4(1) def. of estate agent or agent amended by Nos 10028 s. 4(e), 41/2003 s. 12(1)(b)(i)(ii).

estate agent or agent means any person (whether or not he carries on any other business) who exercises or carries on or advertises or notifies or states that he exercises or carries on or that he is willing to exercise or carry on or in any way holds himself out to the public as ready to undertake the business of—

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any real estate or business on behalf of any other person;

estate agent's licence means a valid and unexpired estate agent's licence under this Act;

S. 4(1) def. of externally administered body corporate inserted by No. 46/2025 s. 28(1)(a).

externally administered body corporate means a Chapter 5 body corporate as defined by section 9 of the Corporations Act;

S. 4(1) def. of externally-administered corporation inserted by No. 86/1994 s. 5(j), substituted as externally-administered body corporate by No. 101/1998 s. 37(1)(a), amended by No. 44/2001 s. 3(Sch. item 39.1(c)), repealed by No. 46/2025 s. 28(1)(b).

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S. 4(1) def. of family violence inserted by No. 36/2026 s. 22(1).

family violence has the same meaning as in the Family Violence Protection Act 2008;

S. 4(1) def. of fixed-date sale inserted by No. 36/2026 s. 22(1).

fixed-date sale, in relation to residential property, means a method of sale by which the seller of the property sets a date and time by which a prospective purchaser must make an offer to the seller's estate agent or agent's representative;

S. 4(1) def. of Fund inserted by No. 8/2003 s. 44(a), amended by No. 17/2004 s. 3(b).

Fund means the Victorian Property Fund established under this Act;

S. 4(1) def. of Homes Victoria inserted by No. 40/2022 s. 52.

Homes Victoria means the body corporate established under section 9(2) of the Housing Act 1983;

S. 4(1) def. of insolvent under administration inserted by No. 86/1994 s. 5(j), substituted by No. 101/1998 s. 37(1)(b), repealed by No. 4/2008 s. 32(Sch. item 9).

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S. 4(1) def. of inspector inserted by No. 103/2004 s. 35, amended by No. 21/2012 s. 239(Sch. 6 item 16.2).

inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;

S. 4(1) def. of key features inserted by No. 36/2026 s. 22(1).

key features of a residential property means the following features of the property—

letting includes every form of leasing or letting of or granting a licence to use real estate and the function or business of letting includes the collection or receipt of rents by an agent on behalf of his principal whether the agent has or has not let the real estate in question;

S. 4(1) def. of licence amended by No. 86/1994 s. 5(k).

licence means estate agent's licence;

S. 4(1) def. of licensed auctioneer repealed by No. 86/1994 s. 5(l).

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licensed estate agent means the holder of an estate agent's licence;

S. 4(1) def. of licensed sub-agent repealed by No. 86/1994 s. 5(l).

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S. 4(1) def. of outgoings inserted by No. 10028 s. 4(f).

outgoings means any moneys spent by an estate agent on his principal's behalf for which the estate agent is at common law entitled to be reimbursed;

S. 4(1) def. of owners corporation inserted by No. 69/2006 s. 224(Sch. 3 item 5.1(b)).

owners corporation has the same meaning as it has in the Owners Corporations Act 2006;

Part means Part of this Act;

S. 4(1) def. of personal violence inserted by No. 36/2026 s. 22(1).

personal violence means the following—

S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 58.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 4(1) def. of practising public accountant amended by Nos 9699 s. 23, 86/1994 s. 5(m)(i)(ii), 44/2001 s. 3(Sch. item 39.1(d)), repealed by No. 41/2003 s. 12(1)(c).

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S. 4(1) def. of principal office amended by No. 1/2010 s. 4(3).

principal office means the office recorded on the register under section 33(3)(g) as the principal office of a licensed estate agent;

S. 4(1) def. of private corporation amended by No. 9/2002 s. 3(Sch. item 6.1(b)).

private corporation means a corporation whose shares are not listed for quotation on any prescribed financial market (as defined in section 9 of the Corporations Act);

S. 4(1) def. of prescribed repealed by No. 48/2018 s. 55.

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S. 4(1) def. of professional conduct rules inserted by No. 86/1994 s. 5(n), amended by No. 63/2010 s. 35(1)(b).

professional conduct rules means the regulations made, or deemed to have been made, under section 99(1)(gg);

S. 4(1) def. of prominently includes inserted by No. 36/2026 s. 22(1).

prominently includes, in relation to an advertisement for the sale of residential property published on an Internet site, means visibly displayed, or linked with a hyperlink—

S. 4(1) def. of property price statement inserted by No. 36/2026 s. 22(1).

property price statement means a statement prepared under section 47AF;

S. 4(1) def. of publish inserted by No. 41/2003 s. 12(1)(d).

publish means publish by any means, including by publication on the Internet;

real estate includes—

S. 4(1) def. of rebate inserted by No. 41/2003 s. 7.

rebate includes any discount, commission or other benefit;

S. 4(1) def. of record amended by No. 86/1994 s. 5(o), repealed by No. 52/1998 s. 66(d).

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S. 4(1) def. of register inserted by No. 52/1998 s. 66(d).

register means the register kept under section 33;

S. 4(1) def. of registered address repealed by No. 86/1994 s. 5(p), new def. of registered address inserted by No. 63/2010 s. 35(3).

registered address means an address recorded in the register as the address for the service of documents and communications of a licensed estate agent;

S. 4(1) def. of registered education and training organisation inserted by No. 41/2003 s. 12(1)(d), substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 17), repealed by No. 63/2010 s. 35(1)(c).

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S. 4(1) def. of registered office amended by No. 8/2003 s. 44(b), repealed by No. 63/2010 s. 35(1)(c).

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S. 4(1) def. of Registrar inserted by No. 86/1994 s. 5(q), substituted by No. 52/1998 s. 66(e).

Registrar means the Registrar of the Authority appointed under the Business Licensing Authority Act 1998;

regulations means regulations under this Act;

S. 4(1) def. of residence right inserted by No. 17/2004 s. 3(a).

residence right has the same meaning as in the Retirement Villages Act 1986;

S. 4(1) def. of residential property amended by No. 53/1988 s. 45(Sch. 3 item 13) (as amended by No. 47/1989 s. 23(2)), substituted by No. 58/2016 s. 4(a).

residential property means real estate that is used, or intended to be used, for residential purposes but does not include real estate that is used primarily for the purposes of industry, commerce or primary production;

S. 4(1) def. of retirement village inserted by No. 17/2004 s. 3(a).

retirement village has the same meaning as in the Retirement Villages Act 1986;

S. 4(1) def. of rules repealed by No. 86/1994 s. 5(p).

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S. 4(1) def. of secretary repealed by No. 9925 s. 2(b), new def. of Secretary inserted by No. 52/1998 s. 66(f), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 71.1), 17/2024 s. 3.

Secretary means the person for the time being holding the office of Secretary to the Department of Government Services under the Public Administration Act 2004;

S. 4(1) def. of sell inserted by No. 86/1994 s. 5(r).

sell includes to sell by auction;

S. 4(1) def. of seller's reserve price inserted by No. 36/2026 s. 22(1).

seller's reserve price means the reserve price for the sale of residential property confirmed by the seller's written response under section 47AG(3);

S. 4(1) def. of settlement inserted by No. 36/2026 s. 22(1).

settlement has the same meaning as in the Sale of Land Act 1962;

S. 4(1) def. of small business amended by No. 86/1994 s. 5(s).

small business means business the goodwill plant equipment and fittings of which are sold or offered for sale or authorized to be sold at a total price not exceeding $200 000 (or such other amount not exceeding $500 000 that may be prescribed);

S. 4(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 7.1).

spouse of a person means a person to whom the person is married;

S. 4(1) def. of statement of information inserted by No. 58/2016 s. 4(b), repealed by No. 36/2026 s. 22(2).

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S. 4(1) def. of stock and station agent repealed by No. 1/2010 s. 4(4)(b).

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S. 4(1) defs of sub-agent, sub-agent's licence repealed by No. 86/1994 s. 5(t).

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S. 4(1) def. of subdivision body corporate inserted by No. 17/2004 s. 3(a), repealed by No. 69/2006 s. 224(Sch. 3 item 5.1(a)).

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S. 4(1) def. of travel agent inserted by No. 10028 s. 4(g).

travel agent means a person solely engaged in the business of making travel arrangements or arranging holiday accommodation;

Treasurer means the Treasurer of Victoria;

S. 4(1) def. of Tribunal inserted by No. 10155 s. 69(1)(a), substituted by Nos 86/1994 s. 5(u), 52/1998 s. 66(g).

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

S. 4(1) def. of unconditional sale date inserted by No. 36/2026 s. 22(1).

unconditional sale date, in relation to residential property, means—

S. 4(1) def. of working director inserted by No. 86/1994 s. 5(u).

working director means, in relation to a corporation that carries on business as an estate agent, a director of that corporation who is engaged in the estate agency business of that corporation.

S. 4(2) inserted by No. 72/2001 s. 3(Sch. item 7.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 21.2).

S. 4(3) inserted by No. 41/2003 s. 12(2).

S. 4(4) inserted by No. 41/2003 s. 12(2).