Prescribed offences and modified penalties
Schedule 3 Prescribed offences and modified penalties
[r. 14]
[Heading inserted: Gazette 28 Aug 2009 p. 3351.]
Offences under Real Estate and Business Agents Act 1978 | Modified penalty | |
|---|---|---|
s. 36(1) | Failing to have registered office in the State | $200 |
s. 37(1) | Failing to register a branch office | $200 |
s. 37(2) | Failing to have qualified manager at branch office | $200 |
s. 40B | Licensee failing to comply with educational requirements | $1 000 |
s. 40(1)(a) | Carrying on business under a name not endorsed on triennial certificate | $200 |
s. 40(1)(b) | Failing to include surname and initials of licensee on all business correspondence | $200 |
s. 40(3) | Failing to notify Commissioner of alteration of business name | $200 |
s. 50C | Sales representative failing to comply with educational requirements | $1 000 |
s. 84(1) | Failing to cause audit of trust account under section 70(1) | $2 000 |
s. 84(1) | Failing to deliver audit report to the Commissioner under section 70(3) | $2 000 |
s. 84(1) | Failing to deliver a termination audit report under section 70(8) | $600 |
s. 142 | Failing to notify Commissioner of commencing or ceasing business under section 35 | $400 |
s. 142 | Branch manager acting for more than one licensee or as an agent on own account under section 37(3) | $400 |
s. 142 | Failing to display official details at registered office under section 41(1)(a) | $400 |
s. 142 | Failing to display official details at branch office under section 41(1)(b) | $400 |
s. 142
| Failing to display official details on all correspondence and documents from registered office under section 41(2)(a) | $400 |
s. 142 | Failing to display official details on all correspondence and documents from branch office under section 41(2)(b) | $400 |
s. 142 | Failing to notify Commissioner of commencing or ceasing employment, or acting, as a sales representative under section 51(1) | $400 |
Offence under Real Estate and Business Agents (General) Regulations 1979 | Modified penalty | |
r. 4AJ(1) | Failing to keep evidence | $200 |
r. 4AJ(4) | Failing to produce evidence | $200 |
r. 8 | Failing to notify Commissioner of change in particulars | $200 |
[Schedule 3 inserted: Gazette 28 Aug 2009 p. 3351‑2; amended: Gazette 30 Jun 2011 p. 2670; 23 Oct 2012 p. 5055; SL 2020/257 r. 12; SL 2025/194 r. 25.]
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