This legislation has been repealed.
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