Australian Capital Territory Repealed Acts

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This legislation has been repealed.

AGENTS ACT 1968


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   3.      Application of Act  
   5.      Interpretation  
   5A.     Real estate agents—interpretation  
   5B.     Stock and station agents—interpretation  
   5C.     Business agents—interpretation  
   5D.     Travel agents—interpretation  
   5DA.    Employment agents—interpretation  
   5E.     Employees of agents  
   5F.     Fit and proper person  
   6.      Registrar of Agents  
   6A.     Deputy Registrars of Agents  
   6B.     Inspectors  
   6C.     Inspectors—identity cards  
   7.      Register  

   PART 2--THE AGENTS BOARD

   8.      The agents board  
   9.      Constitution of the board  
   10.     Chairperson and deputy  
   12.     Ending of appointments  
   15.     Acting appointments  
   16.     Meetings of the board  
   16A.    Disclosure of interests  
   17.     Delegation by board  
   17A.    Annual reports of board  

   PART 3--CARRYING ON BUSINESS WITHOUT A LICENCE AND RELATED MATTERS

   18.     Natural persons to be  
   19.     Companies to be licensed  
   19A.    Unlicensed travel agents—additional  
   19B.    Licensed employment agents—receipt of  

   PART 4--REGISTRATION OF AGENTS

           Division 4.1--General

   20.     Definitions for pt 4  
   21.     Prescribed date  
   22.     Regulations to prescribe educational  

           Division 4.2--Qualifications required for registration as real estate agents

   26.     Qualifications for registration as real estate  
   27.     Provisions applicable in relation to periods  

           Division 4.3--Qualifications required for registration as stock and station agents

   30.     Qualifications for registration as stock and  
   31.     Provisions applicable in relation to periods  

           Division 4.4--Qualifications required for registration as business agents

   34.     Qualifications for registration as business  
   35.     Provisions applicable in relation to periods  

           Division 4.5--Applications for registration and objections to applications

   36.     Applications for  
   37.     Objections to  

           Division 4.6--Determination by the board of applications

   38.     Grant or refusal of  
   39.     Inquiry to be held by the board before  
   40.     Grounds for refusing application to be  
   41.     Registration certificates  

           Division 4.7--Periodic fees

   41A.    Fees payable by registered agents  

   PART 5--LICENCES TO CARRY ON BUSINESS AS AGENTS

           Division 5.1--Eligibility for grant of licence as real estate agent

   42.     Eligibility—natural  
   43.     Eligibility—companies  

           Division 5.2--Eligibility for grant of licence as stock and station agent

   44.     Eligibility—natural  
   45.     Eligibility—companies  

           Division 5.3--Eligibility for grant of licence as business agent

   46.     Eligibility—natural  
   47.     Eligibility companies  

           Division 5.4--Eligibility for grant of travel agent's licence

   47A.    Eligibility—natural persons  
   47B.    Eligibility—companies  
   47C.    Qualifications for travel agent, director or  

           Division 5.5--Eligibility for grant of employment agent's licence

   47CA.   Eligibility—natural persons  
   47CB.   Eligibility—companies  

           Division 5.6--Licences held by partnerships

   47D.    Application  
   47E.    Notice of partnership  
   47F.    Rights and liabilities of  
   47G.    Offences by partners  
   47H.    Suspension or cancellation of a  

           Division 5.7--Applications, objections and determination of applications for licences

   48.     Applications for licences by individuals  
   49.     Applications for licences by  
   50.     Objections to grant of  
   51.     Grant or refusal of licence  
   52.     Inquiry to be held by the board before  
   53.     Issue of licences  
   53A.    Licences subject to  
   54.     Company directors specified in  

           Division 5.8--Periodic fees

   54A.    Fees payable by licensed agents  

   PART 6--TRUST MONEYS, TRUST ACCOUNTS AND AGENTS' RECORDS

           Division 6.1--Trust moneys

   55.     Trust money  

           Division 6.2--Trust accounts

   55A.    Application of div 6.2  
   56.     Opening of trust accounts  
   57.     Payments of moneys into and from trust  
   57A.    Unclaimed trust moneys held by licensed  
   57B.    Trust moneys held by former licensed  
   57C.    Additional statement to be  
   57D.    Duties of board in relation to unclaimed  
   57E.    Application to recover  
   57F.    Determination of  
   57G.    Offences etc  
   58.     Protection of trust  
   59.     Provisions applicable to  
   59A.    Arrangement relating to trust bank  

           Division 6.3--Agents' records

   60.     Accounting records  
   61.     Receipts  

           Division 6.4--Audit and inspection of trust accounts

   61A.    Application of div 6.4  
   62.     Meaning of prescribed period in div  
   63.     Audit of accounts  
   64.     Qualification of auditors  
   65.     Agent to furnish documents and information to  
   66.     Auditor's report  
   67.     Agent's statement relating to trust  
   68.     Report by auditor to  

           Division 6.5--Other records to be kept by licensed agents

   70.     Records of other money  

           Division 6.6--Information to be furnished by banks

   71.     Inspection of bank  

   PART 6A--TRAVEL AGENTS-MISCELLANEOUS PROVISIONS

   71A.    Qualified supervisors for travel agents' businesses  
   71B.    Participation in compensation scheme  
   71C.    Powers of board of trustees  
   71D.    Legal action by board of trustees  
   71E.    Rights of board of trustees  
   71F.    Dealings with unlicensed travel agents  
   71G.    Publication of names of licensed travel agents  

   PART 6B--ENTRY AND INSPECTION OF PREMISES

   71H.    Interpretation for pt 6B  
   71J.    Entry and inspection of  
   71K.    Consent to entry and inspection  
   71L.    Search warrants  
   71M.    Contravention of officer's  

   PART 6C--ADMINISTRATIVE ACCOUNTS

           Division 6C--.1 Agents statutory interest account

   71N.    Establishment and operation of interest  
   71P.    Payment of moneys into interest  
   71Q.    Application of moneys in interest  

           Division 6C--.2 Agents administration account

   71R.    Establishment and operation of administration  
   71S.    Payment of moneys into administration  
   71T.    Application of moneys in administration  

   PART 6D--AGENTS FIDELITY GUARANTEE FUND

           Division 6D--.1 Establishment of agents fidelity guarantee fund

   71U.    Establishment and operation of  
   71V.    Moneys of fund  
   71W.    Application of moneys of  

           Division 6D--.2 Claims against the fund

   71X.    Application of div 6D.2  
   71Y.    Entitlement of person to claim  
   71Z.    Advertisement relating to  
   71ZA.   Claims  
   71ZB.   Requirement to furnish information and produce  
   71ZC.   Requirement to institute  
   71ZD.   Determination of claims  
   71ZE.   Payment of compensation  
   71ZF.   Interim payment of  
   71ZG.   Insufficiency of fund  
   71ZH.   Subrogation  

   PART 7--RULES OF CONDUCT FOR AGENTS

   72.     Rules of conduct—licensed  
   73.     Rules of conduct—registered  

   PART 8--PROCEEDINGS FOR BREACHES OF RULES OF CONDUCT FOR AGENTS

   74.     Registrar to call upon agent who appears to  
   75.     Inquiry by board  

   PART 8A--CODE OF PRACTICE FOR EMPLOYMENT AGENTS

   75A.    Approval of code of practice  
   75B.    Complying with approved code of practice  

   PART 9--SURRENDER AND REVOCATION OF LICENCES

   76.     Surrender of licences  
   77.     Revocation of registration or licence  
   78.     Revocation where change of  
   79.     Agent may give notice of intention to show  
   80.     Failure to notify intention to show  
   81.     Inquiry where agent shows  
   82.     Suspension of travel or employment agent's licence  
   82A.    Disqualification  
   83.     Effect of revocation  
   83A.    Record of  

   PART 10--APPOINTMENT OF RECEIVER OR ADMINISTRATOR

   84.     Appointment of receiver or  
   85.     Notice to bank  
   86.     Powers, duties and liability of receiver or  
   87.     Remuneration of receiver or  

   PART 11--INQUIRIES BY THE AGENTS BOARD

   88.     Inquiries  
   89.     Power to summon witnesses  
   91.     Failure to attend or produce  
   92.     Refusal to be sworn or give  
   93.     Record of proceedings at  
   94.     Protection of members of the  
   95.     Protection of legal practitioners, witnesses  
   96.     Fees and expenses to  
   97.     Board may inspect books  

   PART 12--REVIEW OF DECISIONS

   98.     Review of decisions  
   98A.    Notification of decisions  

   PART 13--MISCELLANEOUS

   99.     Employment of disqualified  
   100.    Offences by companies  
   101.    Agent not to share commission  
   102.    Improper use of licence  
   103.    Improper use of title of real estate agent  
   104.    Improper use of title of stock and station  
   105.    Improper use of title of business  
   105A.   Improper use of title of travel  
   105B.   Improper use of title of employment agent  
   106.    False or misleading  
   107.    Preservation of accounting  
   108.    Obstruction of authorised  
   109.    Production of licence for  
   110.    Inspection of register  
   111.    Withholding deposits  
   112.    Address of agent in  
   113.    Misrepresentation of authority to act as real  
   114.    Misrepresentation of authority to act as  
   115.    Notices to be displayed  
   116.    Actions for commission  
   117.    Rent collection by persons other than real  
   118.    Service upon licensed agents and applicants  
   119.    Evidence of licensing  
   120.    Requirement by registrar or  
   120A.   Determination of fees  
   120B.   Agreements for regulations of travel agents' business  
   121.    Approved forms  
   122.    Regulation-making power  
           SCHEDULE 1
           ENDNOTES


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