South Australian Current Acts

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LAND AGENTS ACT 1994 - SECT 43

43—Cause for disciplinary action against agents, sales representatives or property managers

        (1)         There is proper cause for disciplinary action against an agent, sales representative or property manager if—

            (a)         any registration of the person under this Act was improperly obtained; or

            (b)         the person has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987 ; or

            (c)         the person has acted contrary to this Act or the Land and Business (Sale and Conveyancing) Act 1994 or otherwise unlawfully, improperly, negligently or unfairly; or

            (d)         in the case of an agent who has been employed or engaged to manage and supervise an incorporated agent's business or an agent's place of business, the agent or any other person has acted unlawfully, improperly, negligently or unfairly in the course of managing or supervising, or being employed or otherwise engaged in or at that business or place of business; or

            (e)         events have occurred such that the person would not be entitled to be registered as an agent, sales representative or property manager if the person were to apply for registration.

        (2)         Disciplinary action may be taken against each director of a body corporate that is an agent if there is proper cause for disciplinary action against the body corporate.

        (3)         Disciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented the act or default.

        (4)         This section applies in relation to conduct occurring before or after the commencement of this Act.



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