South Australian Numbered Regulations

LAND AGENTS (REGISTRATION OF PROPERTY MANAGERS) VARIATION REGULATIONS 2018 (NO 27 OF 2018) - REG 8

8—Variation of regulation 12—Exemptions

Regulation 12—after subregulation (4) insert:

        (5)         A person who acts as a property manager for an agent is exempt from the operation of section 6AB(1) of the Act if—

            (a)         the agent is a community housing provider registered under the Community Housing Providers National Law

; and

            (b)         the person is an employee engaged by the agent under a contract of service; and

            (c)         the person performs the functions of a property manager for or on behalf of the agent in relation to land—

                  (i)         owned by the agent; or

                  (ii)         held by or on behalf of a Minister, agency or instrumentality of the Crown or a council.

        (6)         An agent is exempt from the operation of section 6AB(3) of the Act in respect of the engagement of another person to perform the functions of a property manager in the course of the agent's business if—

            (a)         the agent is a community housing provider registered under the Community Housing Providers National Law

; and

            (b)         the other person is engaged to perform those functions as an employee under a contract of service; and

            (c)         the land in relation to which the other person performs those functions is—

                  (i)         owned by the agent; or

                  (ii)         held by or on behalf of a Minister, agency or instrumentality of the Crown or a council.

        (7)         In this regulation—

"council" means a council under the Local Government Act 1999

.