1Objective
The objective of these Regulations is to exempt certain classes of corporations, employees and persons from the requirement to hold an estate agent's licence in certain circumstances.
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The objective of these Regulations is to exempt certain classes of corporations, employees and persons from the requirement to hold an estate agent's licence in certain circumstances.
These Regulations are made under section 99 of the Estate Agents Act 1980.
These Regulations come into operation on 23 October 2024.
The following Regulations are revoked—
the Estate Agents (Exemption) Regulations 2014[1];
the Estate Agents (Exemption) Amendment Regulations 2015[2].
In these Regulations—
the Act means the Estate Agents Act 1980.
A corporation is an exempt person for the purposes of section 5(2)(h) of the Act if the corporation—
carries on the business of an estate agent in relation to the assets of an entity that, in relation to the corporation, is an associated entity within the meaning of section 50AAA of the Corporations Act; and
is an estate agent by reason only of the business carried on by it in relation to those assets; and
when carrying on that business as an estate agent discloses in writing in any advertising or contract relating to those assets its relationship to the owner of those assets.
In this regulation—
corporation includes an employee of the corporation who is acting in the capacity of an employee of the corporation.
An employee of an authorised deposit-taking institution is an exempt person for the purposes of section 5(2)(h) of the Act in carrying out any transaction for that institution.
A person who acts as an estate agent solely in relation to the letting of residential property for a period of no more than 90 days is an exempt person for the purposes of section 5(2)(h) of the Act.
For the purpose of subregulation (1), 2 or more consecutive lettings of the same residential property are to be treated as a single letting if each of the lettings is to the same person.
For the purpose of subregulation (2), 2 or more lettings of the same residential property to the same person are to be treated as consecutive lettings unless the property is let to another person between those lettings.
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