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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Estate Agents and Travel Agents Acts
(Amendment) Act 2004
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO ESTATE AGENTS ACT 1980 3
3. Definitions 3
4. Extended payments out of the Victorian Property Fund 3
5. Broadening of purposes to which excess money in the Fund can
be applied 4
6. Substitution of name of Association 6
7. Renaming of Estate Agents' Guarantee Fund 6
8. Further exemption in relation to trust money 7
9. New Part IX inserted 8
PART IX--TRANSITIONAL 8
101. Victorian Property Fund 8
10. Statute law revision 8
PART 3--AMENDMENTS TO TRAVEL AGENTS ACT 1986 9
11. Definition of "exempted person" amended 9
12. Section 3(2) repealed 9
13. New section 5A inserted 9
5A. Act to bind the Crown 9
ENDNOTES 10
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PARLIAMENT OF VICTORIA
Initiated in Assembly 2 March 2004
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Estate Agents Act 1980 to rename and expand the
purposes of the Estate Agents' Guarantee Fund and to amend the
Travel Agents Act 1986 and for other purposes.
Estate Agents and Travel Agents Acts
(Amendment) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purposes
The purposes of this Act are--
(a) to amend the Estate Agents Act 1980--
5 (i) to rename and extend the purposes of
the Estate Agents' Guarantee Fund; and
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1
Estate Agents and Travel Agents Acts (Amendment) Act 2004
Act No.
Part 1--Preliminary Matters
s. 2
(ii) in relation to the holding of security
deposits for retail premises; and
Victorian Legislation and Parliamentary Documents
(iii) generally to improve the administration
of that Act; and
5 (b) to amend the Travel Agents Act 1986 to
extend the operation of that Act to the
Crown.
2. Commencement
(1) This Act (other than Part 3) comes into operation
10 on the day after the day on which it receives the
Royal Assent.
(2) Part 3 comes into operation on a day to be
proclaimed.
(3) If Part 3 does not come into operation before
15 1 January 2005, it comes into operation on that
day.
__________________
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Estate Agents and Travel Agents Acts (Amendment) Act 2004
Act No.
Part 2--Amendments to Estate Agents Act 1980
s. 3
PART 2--AMENDMENTS TO ESTATE AGENTS ACT 1980 See:
Act No.
Victorian Legislation and Parliamentary Documents
9428.
3. Definitions Reprint No. 8
as at
In section 4(1) of the Estate Agents Act 1980-- 1 February
2004.
LawToday:
(a) insert the following definitions-- www.dms.
dpc.vic.
5 ' "residence right" has the same meaning as gov.au
in the Retirement Villages Act 1986;
"retirement village" has the same meaning
as in the Retirement Villages Act
1986;
10 "subdivision body corporate" means a
body corporate within the meaning of
the Subdivision Act 1988;';
(b) in the definition of "Fund", for "Estate
Agents' Guarantee Fund" substitute
15 "Victorian Property Fund".
4. Extended payments out of the Victorian Property
Fund
(1) After section 75(1)(e) of the Estate Agents Act
1980 insert--
20 "(ea) the costs and expenses incurred by the
Director or by the Secretary in the
administration of the Subdivision Act 1988,
the Retirement Villages Act 1986 or the
Sale of Land Act 1962;".
25 (2) After section 75(1)(hb) of the Estate Agents Act
1980 insert--
"(hc) funds towards the costs and expenses
incurred by the Tribunal in fulfilling its
functions and duties under the Residential
30 Tenancies Act 1997 including the fees and
remuneration payable to the members of the
Tribunal;
3
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Estate Agents and Travel Agents Acts (Amendment) Act 2004
Act No.
Part 2--Amendments to Estate Agents Act 1980
s. 5
(hd) funds for any matter relating to the
regulation of estate agency practice under
any other Act or law;
Victorian Legislation and Parliamentary Documents
(he) funds for other consumer protection matters
5 relating to interests in land;".
5. Broadening of purposes to which excess money in
the Fund can be applied
(1) For sections 76(3)(a) to 76(3)(f) of the Estate
Agents Act 1980 substitute--
10 "(a) community education, advice or information
services regarding--
(i) the sale, purchase, lease or transfer of
interests in real estate or businesses;
(ii) the provision of finance or credit for the
15 purpose of the sale, purchase or lease of
real estate or businesses;
(iii) the provision of finance or credit for the
acquisition of any right to reside on
land;
20 (iv) subdivision bodies corporate;
(v) retirement villages;
(vi) residential tenancy rights and any other
rights to reside on land;
(vii) other consumer protection matters
25 relating to interests in land;
(b) programs that promote the ownership of real
estate;
(c) the training of estate agents and agents'
representatives;
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Estate Agents and Travel Agents Acts (Amendment) Act 2004
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Part 2--Amendments to Estate Agents Act 1980
s. 5
(d) dispute resolution and advocacy services in
relation to disputes involving--
Victorian Legislation and Parliamentary Documents
(i) the sale, purchase, lease or transfer of
interests in real estate or businesses;
5 (ii) the provision of finance or credit for the
purpose of sale, purchase or lease of
real estate or businesses;
(iii) a resident, or proposed or former
resident, of a retirement village
10 regarding his or her residence right in
that retirement village;
(iv) a subdivision body corporate or a
member of a subdivision body
corporate or an occupier of a lot arising
15 in relation to the operation of
subdivision bodies corporate;
(v) the provision of estate agency services
or subdivision body corporate
management services;
20 (vi) other consumer protection matters
relating to interests in land;
(e) reviewing, reforming or researching the law
and procedures or reviewing and researching
the markets for real estate regarding--
25 (i) the sale, purchase, lease or transfer of
interests in real estate or businesses;
(ii) the provision of finance or credit for the
purpose of sale, purchase or lease of
real estate or businesses;
30 (iii) subdivision bodies corporate;
(iv) retirement villages;
(v) other consumer protection matters
relating to interests in land;
5
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Estate Agents and Travel Agents Acts (Amendment) Act 2004
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Part 2--Amendments to Estate Agents Act 1980
s. 6
(f) projects facilitating--
(i) the registration of interests in land;
Victorian Legislation and Parliamentary Documents
(ii) the compilation of other information
relating to the ownership or use of land;
5 (g) projects providing or facilitating housing
assistance for low income or disadvantaged
Victorians;
(h) projects regarding--
(i) the development of environmentally
10 sustainable housing;
(ii) the protection of Victoria's natural and
architectural heritage.".
(2) After section 76(3) of the Estate Agents Act 1980
insert--
15 '(4) In sub-section (3), "occupier of a lot"
means an occupier of a lot within the
meaning of the Subdivision Act 1988.'.
6. Substitution of name of Association
In section 6(2)(b) of the Estate Agents Act 1980,
20 for "The Victorian Stock Agents' Association
Inc." substitute "the Stock and Station Agents'
Association Limited A.C.N. 096 142 880".
7. Renaming of Estate Agents' Guarantee Fund
(1) In section 72(1) of the Estate Agents Act 1980,
25 for "Estate Agents' Guarantee Fund" substitute
"Victorian Property Fund".
(2) In sections 14(5)(c), 16(1)(f), 16(1A)(a), 22(2)(b),
22(2A)(c), 28A(3), 31A(1), 31CA(1)(a), 44(1)(c),
60(3), 76(1) and 94A(2) of the Estate Agents Act
30 1980, for "Estate Agents' Guarantee Fund"
substitute "Fund".
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Act No.
Part 2--Amendments to Estate Agents Act 1980
s. 8
(3) In section 64A(4) of the Estate Agents Act 1980,
for "Estate Agents Guarantee Fund" substitute
"Fund".
Victorian Legislation and Parliamentary Documents
(4) Insert the following heading to section 31A of the
5 Estate Agents Act 1980--
"Person involved in Fund claim may regain
licence etc. in exceptional circumstances".
(5) Insert the following heading to section 72 of the
Estate Agents Act 1980--
10 "Victorian Property Fund".
(6) Insert the following heading to section 76 of the
Estate Agents Act 1980--
"Application of excess money in Fund".
(7) In the heading to Part VII of the Estate Agents
15 Act 1980, for "ESTATE AGENTS'
GUARANTEE FUND" substitute
"VICTORIAN PROPERTY FUND".
8. Further exemption in relation to trust money
(1) In section 59(8) of the Estate Agents Act 1980--
20 (a) in paragraph (b), for "circumstances."
substitute "circumstances;";
(b) after paragraph (b) insert--
"(c) a security deposit received by an estate
agent acting on behalf of a landlord of
25 retail premises from a tenant.".
(2) After section 59(8) of the Estate Agents Act 1980
insert--
'(9) In sub-section (8)(c), "landlord", "retail
premises" and "tenant" have the same
30 meanings as they have in the Retail Leases
Act 2003.'.
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s. 9
9. New Part IX inserted
After Part VIII of the Estate Agents Act 1980
Victorian Legislation and Parliamentary Documents
insert--
"PART IX--TRANSITIONAL
5 101. Victorian Property Fund
The Victorian Property Fund is the same
fund as the Estate Agents' Guarantee Fund
despite the change to its name by the Estate
Agents and Travel Agents Acts
10 (Amendment) Act 2004.".
10. Statute law revision
(1) In sections 5(1)(e), 12(3), 51(3), 51(4), 51(5),
53(1), 53(2), 55(3), 55(8), 59(1), 66(2), 66(3)(c)
and 79(1) of the Estate Agents Act 1980, for
15 "employé" (wherever occurring) substitute
"employee".
(2) In section 99(1)(ea) of the Estate Agents Act
1980, for "section 30AA" substitute "section
29B".
__________________
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Estate Agents and Travel Agents Acts (Amendment) Act 2004
Act No.
Part 3--Amendments to Travel Agents Act 1986
s. 11
PART 3--AMENDMENTS TO TRAVEL AGENTS ACT 1986 See:
Act No.
Victorian Legislation and Parliamentary Documents
52/1986.
11. Definition of "exempted person" amended Reprint No. 3
as at
In section 3(1) of the Travel Agents Act 1986, in 1 September
1999
the definition of "exempted person" omit "sub- and
5 section (2) or". amending
Act Nos
35/2000,
12. Section 3(2) repealed 44/2001,
8/2003,
Section 3(2) of the Travel Agents Act 1986 is 78/2003 and
repealed. 106/2003.
LawToday:
13. New section 5A inserted www.dms.
dpc.vic.
10 gov.au
After section 5 of the Travel Agents Act 1986
insert--
"5A. Act to bind the Crown
This Act binds the Crown, not only in right
of the State of Victoria, but also, so far as the
15 legislative power of the Parliament permits,
the Crown in all its other capacities.".
9
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Estate Agents and Travel Agents Acts (Amendment) Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
10
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