1Short title
This Act may be cited as the Land Valuers Licensing Act 1978.
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Bill homepageThis Act may be cited as the Land Valuers Licensing Act 1978.
This Act shall come into operation on a date to be fixed by proclamation.
[3. Deleted: No. 56 of 1995 s. 26.]
In this Act unless the context otherwise requires —
approved means approved by the Commissioner;
Australian Property Institute means the incorporated association known as the Australian Property Institute;
Commissioner has the meaning given in the Fair Trading Act 2010 section 6;
corporation means any body corporate;
department means the department of the Public Service principally assisting the Minister in the administration of this Act;
land includes any estate or interest in land;
licence means a licence under this Act;
licensed valuer means a person licensed under this Act;
licensed valuers code of conduct means the code published under section 26;
officer means —
in relation to a firm — a member of the firm or an employee of the firm whose sole or principal employment is in the service of the firm;
in relation to a corporation — any director, manager or secretary of the corporation or any employee of the corporation whose sole or principal employment is in the service of the corporation.
[Section 4 amended: No. 15 of 1984 s. 3; No. 56 of 1995 s. 27; No. 65 of 2003 s. 44(2); No. 74 of 2003 s. 74(2); No. 55 of 2004 s. 586; No. 21 of 2008 s. 671(2); No. 58 of 2010 s. 14 and 31; No. 9 of 2022 s. 424.]
[Part II heading deleted: No. 58 of 2010 s. 15.]
[Heading deleted: No. 58 of 2010 s. 16.]
[5-11. Deleted: No. 58 of 2010 s. 16.]
[Heading deleted: No. 58 of 2010 s. 17.]
[12-14. Deleted: No. 58 of 2010 s. 18.]
The Fair Trading Act 2010 section 61 and Part 6 of that Act apply to this Act.
[Section 15 inserted: No. 58 of 2010 s. 19.]
[15A-15C. Deleted: No. 58 of 2010 s. 20.]
Any person aggrieved by a reviewable decision of the Commissioner may apply to the State Administrative Tribunal for a review of the decision.
In subsection (1) —
person aggrieved means a person whose licence is affected by a reviewable decision or who, under Part III, applies for the grant of a licence or the renewal of a licence;
reviewable decision means a decision under Part III other than a determination of the form in which an application is to be made.
[Section 16 inserted: No. 55 of 2004 s. 592; amended: No. 58 of 2010 s. 31; No. 23 of 2014 s. 15.]
An application for a licence shall be made in writing and in a manner and form determined by the Commissioner in respect of such an application and shall contain such information as is required by the Commissioner in respect of such an application.
[(2), (3) deleted]
In respect of any particular application the applicant shall furnish the Commissioner with such further information as the Commissioner determines, verified if the Commissioner so requires by statutory declaration.
If the Commissioner is considering making an adverse decision in relation to the application, the Commissioner must give the applicant the opportunity to give additional information in relation to that application.
[Section 17 amended: No. 58 of 2010 s. 21 and 31; correction to reprint: Gazette 24 Aug 2012 p. 3959; amended: No. 23 of 2014 s. 16; No. 44 of 2016 s. 16.]
[18. Deleted: No. 23 of 2014 s. 17.]
The Commissioner may grant a licence to any person who pays to the Commissioner the prescribed fee and satisfies the Commissioner, by such evidence as the Commissioner may require that he is a person of good character and repute and is competent to carry out the duties of a licensed valuer and who —
[(a) deleted]
is a member of the Australian Property Institute; or
is the holder of a prescribed degree, diploma, certificate or other award and has had, in the opinion of the Commissioner, —
satisfactory practical experience in the valuation of land, for the period of 2 years immediately preceding the date of his application; and
a total of not less than 4 years’ satisfactory practical experience in the valuation of land within the period of 10 years immediately preceding the date of his application;
or
has previously held a licence under this Act within the period of 5 years immediately preceding the date of his application.
[Section 19 amended: No. 74 of 2003 s. 74(3); No. 55 of 2004 s. 593; No. 58 of 2010 s. 31; No. 44 of 2016 s. 17.]
Subject to this Part, a licence may be granted by the Commissioner without notice to the applicant.
Where the Commissioner performs a function under subsection (1), the Commissioner shall forthwith deliver the licence to the applicant.
[Section 19A inserted: No. 55 of 2004 s. 594; amended: No. 58 of 2010 s. 23 and 31; No. 23 of 2014 s. 18.]
[20. Deleted: No. 25 of 2019 s. 34.]
Where the State Administrative Tribunal makes an order against a licensed valuer and payment is not made in accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may suspend the licence until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit.
The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by the State Administrative Tribunal Act 2004.
[Section 20A inserted: No. 55 of 2004 s. 595.]
On granting a licence the Commissioner shall fix a period, not exceeding the period prescribed, during which the licence is to have effect.
Subject to section 28, unless sooner surrendered a licence shall have effect for the period fixed under subsection (1) and may be renewed under section 22.
A person may at any time surrender a licence and the licence shall thereupon become and be void and of no effect.
Despite the surrender by a person of a licence, this Act and the Fair Trading Act 2010 apply, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as if the licence had not been surrendered.
[Section 21 amended: No. 56 of 1995 s. 28; No. 55 of 2004 s. 596; No. 58 of 2010 s. 24 and 31.]
Where the holder of a licence applies to the Commissioner for the renewal of that licence and pays to the Commissioner the prescribed fee, the Commissioner may renew the licence for a further prescribed period.
If —
an application is made during the period that begins on the day on which the licence expired and ends on the day that is 28 days after the day on which the licence expired; and
the prescribed fee and any amount prescribed by way of penalty for a late application are paid,
the Commissioner may renew that licence for the period prescribed.
A renewal under subsection (2) shall be taken for all purposes to have taken effect on the day immediately succeeding the day on which the previous licence expired.
An application for the renewal of a licence shall be made in writing and in a manner and form determined by the Commissioner in respect of such an application.
Section 19 applies to an application under this section as if it were an application for a licence under section 17.
[Section 22 amended: No. 56 of 1995 s. 29; No. 58 of 2010 s. 25 and 31; No. 23 of 2014 s. 19; No. 25 of 2019 s. 35.]
If a licence has been lost or destroyed, the Commissioner may issue a duplicate licence on payment by the holder of the prescribed fee.
[Section 23A inserted: No. 23 of 2014 s. 20.]
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