Victorian Current Acts Victorian Current ActsS. 29(1) amended by No. 86/1994 ss 6(3), 45(e).
(1) Any person who causes or permits or aids or abets any person who is not a licensed estate agent to carry on business as an estate agent shall be guilty of an offence.
Penalty: 500 penalty units.
S. 29(2) repealed by No. 86/1994 s. 47(m)(iii).
* * * * *
S. 29(3) amended by No. 86/1994 s. 47(m)(i)(ii).
(3) In any proceedings against an estate agent for an offence under this section it shall be prima facie evidence of that offence if an unauthorized person has possession of that estate agent's licence or represents himself as the holder of that estate agent's licence.
S. 29(4) amended by No. 86/1994 s. 47(m)(i)(iv) (A)(B).
(4) It shall be a defence under this section if the accused estate agent took all reasonable steps to prevent the unauthorized person from carrying on business under that estate agent's licence or if the accused estate agent did not know and could not reasonably have been expected to have known that the unauthorized person was representing himself as holder of that estate agent's licence.
S. 29(5) amended by No. 86/1994 s. 47(m)(i)(v).
(5) Where any agent is convicted of an offence under subsection (1) or (2), in addition to any penalty, his licence shall become absolutely void and shall be cancelled and delivered up to the court and the court may order that the agent be disqualified either permanently or for such period as the court specifies from holding a licence as an estate agent.
S. 29(6) amended by No. 86/1994 s. 47(m)(i)(vi).
(6) If an agent is convicted in any court of any indictable offence or if in any proceeding before a court to which any agent is a party the court is satisfied that he has been guilty of fraud and that he ought to be disqualified from carrying on the business of an estate agent the court may order that—
S. 29(6)(a) amended by No. 86/1994 s. 47(m)(vii).
(a) he be disqualified either permanently or for such period as the court specifies from holding a licence under this Act as an agent; and
(b) his licence be cancelled and delivered up forthwith.
S. 29(7) amended by Nos 9925 s. 5(a), 57/1989 s. 3(Sch. item 66.2), 86/1994 s. 47(l).
(7) In every case where a licence is delivered up to a court under this Act the licence and copy of any order of the court in relation thereto shall be sent forthwith by the proper officer of the court to the Authority.
S. 29(8) amended by No. 86/1994 s. 47(m)(viii).
(8) In this section "unauthorized person" means any person who for the purposes of subsection (1) does not hold an estate agent's licence.
S. 29A inserted by No. 86/1994 s. 17, substituted by No. 52/1998 s. 83.