Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ESTATE AGENTS ACT 1980 - SECT 6

Estate Agents Council

    (1)     There is established an Estate Agents Council.

    (2)     The Council is to consist of 8 members appointed by the Governor in Council of whom—

S. 6(2)(a) substituted by No. 50/2014 s. 31(1).

        (a)     3 are to be persons from the real estate industry, of whom at least 2 must be appointed from a panel of names submitted under subsection (2A);

S. 6(2)(b) amended by Nos 17/2004 s. 6, 1/2010 s. 5, substituted by No. 50/2014 s. 31(1).

        (b)     one is to be a person appointed from a panel of names submitted under subsection (2B);

S. 6(2)(c) amended by Nos 18/2005 s. 18(Sch. 1 item 39.2), 17/2014 s. 160(Sch. 2 item 38.1), 1/2021 s. 138(a).

        (c)     one is to be an Australian lawyer of not less than 5 years standing;

S. 6(2)(d) amended by Nos 41/2003 s. 14, 1/2021 s. 138(b).

        (d)     one is to be a member of either CPA Australia or Chartered Accountants Australia and New Zealand

        (e)     2 are to be persons who are not estate agents and are not employed in the estate agency industry or in the provision of services to estate agents.

S. 6(2A) inserted by No. 50/2014 s. 31(2).

    (2A)     For the purposes of subsection (2)(a), the panel is to—

        (a)     consist of the names of 8 persons or, if only one vacancy on the Council is to be filled, 4 persons, who have been practising as licensed estate agents for the previous 5 years; and

        (b)     be submitted by The Real Estate Institute of Victoria Limited ACN 004 210 897.

S. 6(2B) inserted by No. 50/2014 s. 31(2).

    (2B)     For the purposes of subsection (2)(b), the panel is to—

        (a)     consist of the names of 3 persons or, if only one vacancy on the Council is to be filled, 2 persons, who have been practising as licensed estate agents for the previous 5 years; and

        (b)     be submitted by the Australian Livestock & Property Agents Association Limited ACN 096 142 880.

    (3)     The Chairperson and the Deputy Chairperson of the Council are to be appointed from among the members of the Council by the Governor in Council on the recommendation of the Minister.

    (4)     A member of the Council

        (a)     is, subject to this Act, entitled to hold office for such term not exceeding 3 years as is specified in the instrument of appointment and is eligible for re-appointment;

        (b)     is entitled to be paid such remuneration and travelling and other expenses, if any, as is fixed by Order of the Governor in Council;

S. 6(4)(c) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 71.2), 80/2006 s. 26(Sch. item 36).

        (c)     is subject to the Public Administration Act 2004 (other than Part 3 of that Act) in respect of the office of the member.

    (5)     The Governor in Council may at any time—

        (a)     remove a member of the Council from office; and

        (b)     fill any vacancy in the office of a member of the Council.

    (6)     The office of a member of the Council becomes vacant—

        (a)     at the expiration of the term of office;

        (b)     if the holder of the office dies;

        (c)     if the holder of the office resigns by writing addressed to the Governor in Council;

        (d)     if the holder of the office is removed from office under subsection (5);

        (e)     if the holder of the office is absent without leave of the Council from 4 consecutive meetings of the Council;

        (f)     if the holder of the office becomes an insolvent under administration;

        (g)     if the holder of the office becomes incapable of performing the duties of the office.

S. 6A substituted by No. 86/1994 s. 3.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback