South Australian Current Acts

LAND AGENTS ACT 1994

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Meaning of agent
   5.      Commissioner to be responsible for administration of Act

   PART 2--Registration and management of agent's business

   6.      Agents to be registered
   6A.     Sales representatives to be registered
   6AB.    Property managers to be registered
   6B.     Auctioneers to be registered
   7.      Application for registration
   8.      Entitlement to be registered as agent
   8A.     Entitlement to be registered as sales representative
   8B.     Entitlement to be registered as sales representative subject to conditions relating to training and supervision
   8BA.    Entitlement to be registered as property manager
   8BB.    Entitlement to be registered as property manager subject to conditions relating to training and supervision
   8C.     Entitlement to be registered as auctioneer
   8D.     Reviews
   8E.     Power of Commissioner to require photograph and information
   9.      Duration of registration and annual fee and return
   10.     Incorporated agent's business to be properly managed and supervised
   11.     Each of agent's places of business to be properly managed and supervised
   11A.    Regulations relating to proper management and supervision
   11B.    Registration card to be carried or displayed

   PART 2AA--Suspension or variation of registration in urgent circumstances

   11BA.   Commissioner may suspend or impose conditions on registration in urgent circumstances

   PART 2A--Cancellation, suspension or variation of registration

   11C.    Commissioner may cancel, suspend or impose conditions on registration

   PART 3--Trust accounts and indemnity fund

           Division 1--Preliminary

   12.     Interpretation of
           PART 3

           Division 2--Trust accounts

   13.     Receiving and dealing with trust money
   14.     Withdrawal of money from trust account
   15.     Payment of interest on trust accounts to Commissioner
   16.     Appointment of administrator of trust account
   17.     Appointment of temporary manager
   18.     Powers of administrator or temporary manager
   19.     Term of appointment of administrator or temporary manager
   20.     Review of appointment of administrator or temporary manager
   21.     Keeping of records
   22.     Audit of trust accounts
   23.     Appointment of examiner
   24.     Obtaining information for purposes of audit or examination
   25.     ADIs etc to report deficiencies in trust accounts
   26.     Confidentiality
   27.     ADIs etc not affected by notice of trust
   28.     Failing to comply with requirement of administrators etc

           Division 3--Indemnity fund

   29.     Indemnity fund
   29A.    Division of indemnity fund into two parts
   30.     Claims on indemnity fund
   31.     Limitation of claims
   32.     Establishment and determination of claims
   33.     Claims by agents
   34.     Personal representative may make claim
   35.     Review of Commissioner's determination
   36.     Determination, evidence and burden of proof
   37.     Claimant's entitlement to compensation and interest
   38.     Rights of Commissioner
   39.     Insurance in respect of claims against indemnity fund
   40.     Insufficiency of indemnity fund
   41.     Accounts and audit

   PART 4--Discipline

   42.     Interpretation of Part 4
   43.     Cause for disciplinary action against agents, sales representatives or property managers
   44.     Complaints
   45.     Hearing by Tribunal
   46.     Participation of assessors in disciplinary proceedings
   47.     Disciplinary action
   48.     Contravention of orders

   PART 5--Miscellaneous

   48A.    Advertisements to include registration number of agent
   49.     Delegations
   50.     Agreement with professional organisation
   51.     Exemptions
   52.     Register
   53.     Commissioner and proceedings before Tribunal
   54.     False or misleading information
   55.     Statutory declaration
   56.     Investigations
   57.     General defence
   58.     Liability for act or default of officer, employee or agent
   60.     Continuing offence
   61.     Prosecutions
   62.     Evidence
   63.     Service of documents
   64.     Annual report
   65.     Regulations
           SCHEDULE 2--Transitional provisions
           SCHEDULE 2A--Special provisions relating to G.C. Growden Pty Ltd
           SCHEDULE 3
           Legislative history