South Australian Numbered Acts

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STATUTES AMENDMENT (REAL ESTATE INDUSTRY REFORM) ACT 2007 (NO 28 OF 2007) - SECT 51

51—Insertion of sections 37, 37A and 37B

After section 36 insert:

37—Signing on behalf of agent

If a document is required or authorised by this Act to be signed by an agent, the document may be signed by a person authorised to act on behalf of the agent.

37A—Keeping of records

        (1)         An agent who is required under Part 4 or 4A to keep a document or record must—

            (a)         keep the document or record at a place of business of the agent in the State for 5 years from the day on which the document or record was received or made; and

            (b)         have the document or record readily available for inspection at all reasonable times by an authorised officer.

Maximum penalty: $5 000.

        (2)         For the purposes of this section, a document or record may, subject to the regulations, be kept in electronic form.

        (3)         In this section—

"record" includes a register.

37B—General defence

It is a defence to a charge of an offence against this Act, other than an offence against Part 2, if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.



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