Schedule 1General rules of conduct
applying to all licensees and registered persons
(Clause 7)
Note—
Clause 7 provides that a reference in this
Schedule to an agent includes a reference to a registered person to whom the
Schedule applies.
1Knowledge of Act and
regulations
An agent must have a knowledge and understanding
of the Act and the regulations under the Act, and such other laws relevant to
the category of licence or certificate of registration held (including, laws
relating to residential tenancy, fair trading, competition and consumer
protection, anti-discrimination and privacy) as may be necessary to enable the
agent to exercise his or her functions as agent
lawfully.
2Fiduciary
obligations
An agent must comply with the fiduciary
obligations arising as an agent.
3Honesty, fairness and
professionalism
(1)
An agent must act honestly, fairly and
professionally with all parties in a transaction.
(2)
An agent must not mislead or deceive any parties
in negotiations or a transaction.
4Skill, care and
diligence
An agent must exercise reasonable skill, care and
diligence.
5High pressure tactics,
harassment or unconscionable conduct
An agent must not engage in high pressure
tactics, harassment or harsh or unconscionable conduct.
6To act in client’s best
interests
An agent must act in the client’s best
interests at all times unless it would be contrary to the Act or regulations
under the Act or otherwise unlawful to do so.
7Confidentiality
An agent must not, at any time, use or disclose
any confidential information obtained while acting on behalf of a client or
dealing with a customer, unless:
(a)
the client or customer authorises the disclosure,
or
(b)
the agent is permitted or compelled by law to
disclose the information.
8To act in accordance with
client authority
(1)
An agent must not act as an agent or represent
himself or herself as acting as an agent on behalf of a person without written
authority.
(2)
This clause does not apply to a sale solely of
livestock.
9To act in accordance with
client’s instructions
An agent must act in accordance with a
client’s instructions unless it would be contrary to the Act or
regulations under the Act or otherwise unlawful to do
so.
10Licensee must ensure employees
comply with the Act and regulations
An agent who is the licensee-in-charge at a place
of business of a licensee must take reasonable steps to ensure other licensees
or registered persons employed in the business conducted there comply with the
Act and regulations under the Act.
11Conflicts of
interest
An agent must not accept an appointment to act,
or continue to act, as an agent if doing so would place the agent’s
interests in conflict with the client’s
interests.
12Referral to service
provider
(1)
An agent who refers a person to a service
provider must not falsely represent to the person that the service provider is
independent of the agent.
(2)
For the purposes of this clause, a service
provider is considered to be independentof an agent if:
(a)
the agent receives no rebate, discount,
commission or benefit for referring a client or customer to the service
provider, and
(b)
the agent does not have a personal or commercial
relationship with the service provider.
(3)
The following are examples of a personal or
commercial relationship:
(a)
a family relationship,
(b)
a business relationship,
(c)
a fiduciary relationship,
(d)
a relationship in which one person is accustomed,
or obliged, to act in accordance with the directions, instructions or wishes
of the other person.
(4)
If the service provider is not independent of the
agent, the agent must disclose to the person:
(a)
the nature of any relationship, whether personal
or commercial, the agent has with the service provider,
and
(b)
the nature and value of any rebate, discount,
commission or benefit the agent may receive, or expects to receive, by
referring the client or customer to the service
provider.
13Licensee not to recommend
engagement of services of solicitor or licensed conveyancer acting for other
party
(1)
An agent must not recommend that a person engage
the services of a solicitor or licensed conveyancer, or firm of solicitors or
licensed conveyancers, if the agent knows that the solicitor or licensed
conveyancer, or the firm of solicitors or licensed conveyancers, acts or will
be acting for the other party to the agreement
concerned.
(2)
Subclause (1) does not prevent an agent
recommending that a person engage the services of a solicitor or licensed
conveyancer if no other solicitor or licensed conveyancer is available (for
example, in a remote location).
(3)
If no other solicitor or licensed conveyancer is
available, the agent must, in recommending the engagement of the solicitor or
conveyancer, advise the person that the solicitor or licensed conveyancer is
or will be acting for the other party.
14Inducements
An agent must not offer to provide to any other
person any gift, favour or benefit, whether monetary or otherwise, in order to
induce a third person to engage the services of the agent as agent in respect
of any matter.
15Soliciting through false or
misleading advertisements or communications
An agent must not solicit clients or customers
through advertisements or other communications that the agent knows or should
know are false or misleading.
16Insertion of material
particulars in documents
An agent must not submit or tender to any person
for signature a document, or cause or permit any document to be submitted or
tendered to any person for signature, unless at the time of submission or
tendering of the document all material particulars have been inserted in the
document.
17Duty to provide copy of signed
documents
An agent who submits or tenders a document to any
person for signature, or who causes or permits a document to be submitted or
tendered to any person for signature, must immediately after the person has
signed the document give a copy of the document to the
person.
18Representations about the Act
or regulations
(1)
An agent must not falsely represent to a person
the nature or effect of a provision of the Act or any regulation under the
Act.
(2)
An agent must not, either expressly or impliedly,
falsely represent, whether in writing or otherwise, to a person that a
particular form of agency agreement or any term of such an agreement is
required by the Act or a regulation under the Act.
19Agency agreements must comply
with regulations
An agent must not enter into an agency agreement
unless the agreement complies with any applicable requirements of this
Regulation, as required by section 55 of the Act.
Schedule 2Rules specific to real estate
agents, real estate salespersons and on-site residential property
managers
(Clause 7)
Note—
Clause 7 provides that a reference in this
Schedule to an agent includes a reference to a registered person to whom the
Schedule applies.
Part 1Sales
1Preliminary physical
inspection of property for sale to be conducted by agent
An agent must not act on behalf of a person on
the sale of a property unless the agent has conducted a preliminary physical
inspection of the property.
2Sales inspection report
required for property
On completion of the inspection required by
clause 1, an agent must prepare and give to the vendor a sales inspection
report for the property. The report must specify the following and be signed
by the agent:
(a)
the name and address of the person on behalf of
whom the agent is acting,
(b)
the date of preparation of the
report,
(c)
the agent’s name, business address and
telephone number,
(d)
a description of the property, including the
address of the property and such other details as may be necessary to enable
the property to be readily identified,
(e)
a description of any fittings and fixtures that
are to be included in the sale of the property,
(f)
any terms and conditions of sale known to the
agent (for example, whether or not vacant possession is to be
given),
(g)
the agent’s recommendation as to the most
suitable method of sale of the property,
(h)
the agent’s estimate of the selling price
(or price range) for the property,
(i)
details of any covenants, easements, defects,
local government notices or orders affecting the property that are known to
the agent,
(j)
details of any special instructions about the
marketing and showing of the property,
(k)
the name, business address, telephone number and
address for service of documents of the solicitor of the person on behalf of
whom the agent is acting.
3Vendor to be informed of an
offer
(1)
The agent must, unless the vendor has instructed
to the contrary in writing, inform the vendor of all offers of purchase as
soon as practicable after receiving each offer up until exchange of contracts
has taken place.
(2)
If the agent is not going to inform the vendor of
an offer, the agent must inform the person who made the offer that the offer
will not be submitted to the vendor.
(3)
The agent may inform the vendor of an offer
orally or in writing and must identify the party by whom the offer is made. If
the vendor is informed orally, the agent must confirm the information in
writing.
(4)
This clause does not apply to bids made in the
course of an auction.
4Setting aside minimum or
reserve price at auction
When the bidding at an auction does not reach the
minimum or reserve price fixed for the property by the vendor, the licensee
conducting the auction must not set aside that price without the express
permission of the vendor or a person given that permission by the
vendor.
5Information to be given when
expression of interest deposit paid
(1)
When an agent issues a receipt for an expression
of interest deposit made prior to exchange of contracts, the agent must inform
the person who paid the deposit that the vendor has no obligation to sell the
property or the purchaser to buy the property and the deposit is refundable if
a contract for the sale of the property is not entered into. The information
must be provided in writing and may be provided on the
receipt.
(2)
The agent must promptly inform the vendor when an
expression of interest deposit has been paid.
(3)
The agent must promptly inform the person who
paid the deposit when the agent becomes aware of any subsequent offer to
purchase the property received from any other person. The agent must also
advise the person who paid the deposit that they have the right to make
further offers up until exchange of contracts has taken
place.
6Notifying managing agent of
appointment to sell residential property
If an agent accepts an appointment to sell
residential property that is tenanted, the agent must immediately give written
notice of the appointment to any agent responsible for managing the
property.
7Licensee must not accept
payment for a referral
An agent must not demand or accept a fee or other
valuable consideration for referring the person on behalf of whom the agent is
acting on the sale to a buyer’s agent.
8Bidding on behalf of telephone
bidder
An agent must not bid at an auction on behalf of
a person who is giving instructions to the agent by telephone unless:
(a)
the written authority on the basis of which the
agent bids on behalf of the person contains an acknowledgment that the person
has been given a copy of the conditions that are applicable in respect of the
sale, and
(b)
the agent is satisfied that the person has been
given a copy of those conditions.
9Agent participating in
exchange of contracts for residential property
If an agent participates in the exchange or
making of a contract for the sale of residential property, the agent must
serve a copy of the contract within 2 business days on:
(a)
each party to the contract, unless paragraph (b)
requires the agent to serve a copy of the contract on a solicitor or
conveyancer acting for the party, or
(b)
the solicitor or conveyancer acting for a party
to the contract if the party has notified the agent, or it is apparent from
the contract, that a solicitor or conveyancer is acting for the
party.
Part 2Property
management
Note—
These rules apply to real estate agents,
registered persons they employ and on-site residential property
managers.
10Inspection
report
An agent must, as soon as practicable after
entering into an agency agreement in respect of the management of property,
prepare and give to the owner of the property an inspection report for the
property. The inspection report must include the following and be signed by
the agent:
(a)
the name and address of the
owner,
(b)
the address of the property,
(c)
the date of preparation of the
report,
(d)
the agent’s name, licence number and
business address,
(e)
a description of the exterior and interior
condition of the property, including fittings, fixtures, improvements and
anything provided with the property,
(f)
details of any work still to be completed by the
owner on the property.
11Inspection of property for
rent
(1)
An agent must accompany a prospective tenant on
an inspection of the property.
(2)
An agent must not give the keys to a property to
a prospective tenant, even for a short time.
(3)
Subclauses (1) and (2) do not apply if the owner,
and, if the property is currently let, the tenant, have authorised otherwise
in writing.
12Use of collection agent to
collect rent
(1)
A licensee must not use the services of a
collection agent to collect rent on behalf of the owner unless the
arrangements for the collection and holding of that rent pending its payment
to the agent or the owner comply with such guidelines as the Chief Executive
may issue from time to time under this clause (including guidelines requiring
rent collected by a collection agent to be paid into and retained in a trust
account).
(2)
In this clause:
collection agent means a person who
collects rent as agent for and on behalf of a
licensee.
13Maintenance or repairs of
rental property
(1)
An agent managing a rental property must promptly
respond to and, subject to the instructions of the owner, attend to all
requests by a tenant, for maintenance of, or repairs to, the
property.
(2)
If the owner has instructed that a repair not be
carried out, the agent must inform the owner if the owner’s failure to
carry out the repair would constitute a breach of any tenancy agreement in
force in relation to the property.
14Breach of tenancy
agreement
An agent managing a rental property must
immediately notify the owner in writing if the agent becomes aware of a
tenant’s breach of the tenancy agreement.
15Notifying tenant of
appointment to sell
(1)
This clause applies if an agent managing a rental
property is aware that:
(a)
the property is listed for sale,
or
(b)
a real estate agent has been appointed to act on
the sale of the property.
(2)
The agent must immediately give the tenant
written notice of:
(a)
the intended sale of the property,
or
(b)
the appointment of the real estate agent for the
sale of the property (together with the name and contact details of the
agent).
16Final inspection of
property
An agent must take all reasonable steps to ensure
that any final inspection of the property, on vacation of the property, is
conducted in the presence of the tenant (unless otherwise authorised by the
tenant).
Note—
“Reasonable steps” by an agent would
comprise contacting the tenant to discuss suitable times for the inspection,
arranging to meet at a particular time and place and proceeding to meet the
tenant at the arranged time and place.
17Obtaining tenant’s
signature for rental bond refund
An agent must not solicit or obtain the signature
of a tenant to any document relating to the refund of a rental bond prior to
the termination of the tenancy, unless the document directs the bond to be
repaid in full to the tenant or transferred to another tenancy in accordance
with the tenant’s directions.
Schedule 3Rules specific to stock and
station agents and registered persons they employ
(Clause 7)
Note—
Clause 7 provides that a reference in this
Schedule to an agent includes a reference to a registered person to whom the
Schedule applies.
Part 1Sales
1Preliminary physical
inspection of the property to be conducted by agent
An agent must not act on behalf of a vendor on
the sale of any property, including livestock included in the sale, unless the
agent has conducted a preliminary physical inspection of the property. This
clause does not apply to a sale solely of livestock.
2Sales inspection report
required for the property
On completion of the inspection required by
clause 1, an agent must prepare and give to the vendor a sales inspection
report for the property. The report must specify the following and be signed
by the agent:
(a)
the name and address of the
vendor,
(b)
the date of preparation of the
report,
(c)
the agent’s name, business address and
telephone number,
(d)
a description of the property, including the
address of the property and such other details as may be necessary to enable
the property to be readily identified, and the size of the property in
hectares,
(e)
a description of the services provided to the
property (for example, power, phone, airstrip, closest schools, mail service,
closest rail service),
(f)
information about the type of country
(topography, soils, timber, arable area, pasture development), water
(irrigation, dams, rainfall) and production capacity,
(g)
a description of any fittings and fixtures that
are to be included in the sale of the property,
(h)
a description of items included in the sale such
as house, other accommodation, grain storage, wool shed, sheep/cattle yards or
plant equipment,
(i)
a description of other items to be included in
the sale, such as livestock,
(j)
any terms and conditions of sale known to the
agent (for example, whether or not vacant possession is to be
given),
(k)
the agent’s recommendation as to the most
suitable method of sale of the property,
(l)
the agent’s estimate of the selling price
(or price range) for the property,
(m)
details of any covenants, easements, defects,
local government notices or orders affecting the property that are known to
the agent,
(n)
details of any special instructions about the
marketing and showing of the property,
(o)
the name, business address, telephone number and
address for service of documents of the solicitor of the person on behalf of
whom the agent is acting.
3Person on behalf of whom sale
is to be carried out to be informed of an offer
(1)
The agent must, unless the vendor has instructed
to the contrary in writing, inform the vendor of all offers of purchase as
soon as practicable after receiving each offer up until exchange of contracts
has taken place.
(2)
If the agent is not going to inform the vendor of
an offer, the agent must inform the person who made the offer that the offer
will not be submitted to the vendor.
(3)
The agent may inform the vendor of an offer
orally or in writing and must identify the party by whom the offer is made. If
the vendor is informed orally, the agent must confirm the information in
writing.
(4)
This clause does not apply to bids made in the
course of an auction.
4Information to be given when
expression of interest deposit paid
(1)
When an agent issues a receipt for an expression
of interest deposit made prior to exchange of contracts, the agent must inform
the person who paid the deposit that the vendor has no obligation to sell the
property or the purchaser to buy the property and the deposit is refundable if
a contract for the sale of the property is not entered into. The information
must be provided in writing and may be provided on the
receipt.
(2)
The agent must promptly inform the vendor when an
expression of interest deposit has been paid.
(3)
The agent must promptly inform the person who
paid the deposit when the agent becomes aware of any subsequent offers to
purchase the property received from any other person. The agent must also
advise the person who paid the deposit that they have the right to make
further offers up until exchange of contracts has taken
place.
5Agent must not accept payment
for a referral
An agent must not demand or accept a fee or other
valuable consideration for referring the vendor to a buyer’s
agent.
6Bidding on behalf of telephone
bidder
An agent must not bid at an auction on behalf of
a person who is giving instructions to the agent by telephone unless:
(a)
the written authority on the basis of which the
agent bids on behalf of the person contains an acknowledgment that the person
has been given a copy of the conditions that are applicable in respect of the
sale, and
(b)
the agent is satisfied that the person has been
given a copy of those conditions.
7Setting aside minimum or
reserve price at auction
When the bidding at an auction does not reach the
minimum or reserve price fixed for the property by the vendor, the licensee
conducting the auction must not set aside that price without the express
permission of the vendor or a person authorised to give that permission by the
owner.
Part 2Property
management
8Inspection
report
An agent must, as soon as practicable after
entering into an agency agreement in respect of the management of property,
prepare and give to the owner an inspection report for the property. The
inspection report must include the following and be signed by the
agent:
(a)
the name and address of the
owner,
(b)
the address of the property,
(c)
the date of preparation of the
report,
(d)
the agent’s name, licence number and
business address,
(e)
a description of the exterior and interior
condition of the property, including fittings, fixtures, improvements and
anything provided with the property,
(f)
details of any work still to be completed by the
owner on the property.
9Inspection of property for
rent
(1)
An agent must accompany a prospective tenant on
an inspection of the property.
(2)
An agent must not give the keys to a property to
a prospective tenant, even for a short time.
(3)
Subclauses (1) and (2) do not apply if the owner,
and, if the property is currently let, the tenant, have authorised otherwise
in writing.
10Use of collection agent to
collect rent
(1)
A licensee must not use the services of a
collection agent to collect rent on behalf of an owner unless the arrangements
for the collection and holding of that rent pending its payment to the agent
or the owner comply with such guidelines as the Chief Executive may issue from
time to time under this clause (including guidelines requiring rent collected
by a collection agent to be paid into and retained in a trust
account).
(2)
In this clause:
collection agent means a person who
collects rent as agent for and on behalf of a
licensee.
11Maintenance or repairs of
rental property
(1)
An agent managing a rental property must promptly
respond to and, subject to the instructions of the owner, attend to all
requests by a tenant, for maintenance of, or repairs to, the
property.
(2)
If the owner has instructed that a repair not be
carried out, the agent must inform the owner if the owner’s failure to
carry out the repair would constitute a breach of any tenancy agreement in
force in relation to the property.
12Breach of tenancy
agreement
An agent managing a rental property must
immediately notify the owner in writing if the agent becomes aware of a
tenant’s breach of the tenancy agreement.
13Notifying tenant of
appointment to sell
(1)
This clause applies if an agent managing a rental
property is aware that:
(a)
the property is listed for sale,
or
(b)
an agent has been appointed to act on the sale of
the property.
(2)
The agent must immediately give the tenant
written notice of:
(a)
the intended sale of the property,
or
(b)
the appointment of the agent for the sale of the
property (together with the name and contact details of the
agent).
14Final inspection of
property
An agent must take all reasonable steps to ensure
that any final inspection of the property, on vacation of the property, is
conducted in the presence of the tenant (unless otherwise authorised by the
tenant).
Note—
“Reasonable steps” by an agent would
comprise contacting the tenant to discuss suitable times for the inspection,
arranging to meet at a particular time and place and proceeding to meet them
at the arranged time and place.
Schedule 4Rules specific to business
agents and registered persons they employ
(Clause 7)
Note—
Clause 7 provides that a reference in this
Schedule to an agent includes a reference to a registered person to whom the
Schedule applies.
1Preliminary physical
inspection of the business to be conducted by agent
An agent must not act on behalf of a vendor on
the sale of a business unless the agent has conducted a preliminary physical
inspection of the business or has the written instructions of the vendor that
such an inspection is not required by the vendor.
2Sales inspection report
required for business
On completion of the inspection required by
clause 1, an agent must prepare and give to the person on behalf of whom the
agent is acting on the sale of the business a sales inspection report for the
business. The report must specify the following and be signed by the
agent:
(a)
the name and address of the
vendor,
(b)
the date of preparation of the
report,
(c)
the agent’s name, business address and
telephone number,
(d)
a description of the business, including the
address of the business and such other details as may be necessary to enable
the business to be readily identified, including the business name and its
Australian Business Number,
(e)
a description of inclusions to be included in the
sale such as goodwill, plant, fittings and stock in inventory, together with
details of any encumbrances affecting those inclusions,
(f)
any terms and conditions of sale known to the
agent,
(g)
the agent’s recommendation as to the most
suitable method of sale of the business,
(h)
the agent’s estimate of the selling price
(or price range) for the business,
(i)
details of any defects, local government notices
or orders affecting the business that are known to the
agent.
3Confirmation of specific
instructions
(1)
Before or at the time of entering into an agency
agreement under which the agent will act for the vendor on the sale of the
business, the agent must prepare for inclusion in the agency agreement written
confirmation of any specific instructions given to the agent by the vendor
before the agreement is entered into about any of the following:
(a)
arrangements for the transfer to the purchaser of
any liability for the leasing or hire purchase of goodwill, plant, fittings or
stock in inventory included in the sale,
(b)
the marketing of the
business,
(c)
the entitlement of prospective purchasers to
inspect the premises of the business and the circumstances under which such an
inspection can be made,
(d)
the entitlement of prospective purchasers to
inspect records, books of account and other documents concerning the business
and the circumstances under which such an inspection can be
made.
(2)
The written confirmation may be prepared and be
included as part of the agency agreement.
4Vendor to be informed of an
offer
(1)
The agent must, unless the vendor has instructed
to the contrary in writing, inform the vendor of all offers of purchase as
soon as practicable after receiving each offer up until exchange of contracts
has taken place.
(2)
If the agent is not going to inform the vendor of
an offer, the agent must inform the person who made the offer that the offer
will not be submitted to the vendor.
(3)
The agent may inform the vendor of an offer
orally or in writing and must identify the party by whom the offer is made. If
the vendor is informed orally, the agent must confirm the information in
writing.
(4)
This clause does not apply to bids made in the
course of an auction.
5Information to be given when
expression of interest deposit paid
(1)
When an agent issues a receipt for an expression
of interest deposit made prior to exchange of contracts, the agent must inform
the person who paid the deposit that the vendor has no obligation to sell the
business or the purchaser to buy the business and the deposit is refundable if
a contract for the sale of the business is not entered into. The information
must be provided in writing and may be provided on the
receipt.
(2)
The agent must promptly inform the vendor when an
expression of interest deposit has been paid.
(3)
The agent must promptly inform the person who
paid the deposit when the agent becomes aware of any subsequent offers to
purchase the business received from any other person. The agent must also
advise the person who paid the deposit that they have the right to make
further offers up until exchange of contracts has taken
place.
6Agent must not accept payment
for a referral
An agent must not demand or accept a fee or other
valuable consideration for referring the vendor to a buyer’s
agent.
Schedule 5Rules specific to
buyer’s agents
(Clause 7)
Note—
Clause 7 provides that a reference in this
Schedule to an agent includes a reference to a registered person to whom the
Schedule applies.
1Statement of property
details
At the time of entering into an agency agreement
with the person on behalf of whom an agent will act as buyer’s agent,
the agent must prepare and give the person a statement of property details
that is signed by the agent and specifies the following:
(a)
details known to the agent of the type of
property to be purchased,
(b)
details of any special instructions about the
property to be purchased (for example, an instruction that vacant possession
is required in the case of a rented property).
Note—
These details can be changed by agreement between
the parties or as provided by the agency agreement.
2Person on behalf of whom agent
is acting as buyer’s agent to be informed of
negotiations
The agent must keep the person on behalf of whom
the agent is acting as buyer’s agent informed of each stage of the
negotiation of a purchase price, as instructed by the person on behalf of whom
an agent is acting as buyer’s agent. This clause does not apply to bids
made in the course of an auction.
3Agent to obtain best possible
purchase price
An agent is to use his or her best efforts to
obtain the best possible purchase price, without breaching standards of
ethical conduct or engaging in conduct that is contrary to good agency
practice.
4Agent not to exceed agreed
purchase price in negotiations or at auction
(1)
In negotiations for the purchase of a property,
the agent must not exceed the maximum or agreed price fixed by the person on
behalf of whom the agent is acting as buyer’s agent without the express
written authorisation of the person or a person authorised by the person on
behalf of whom the agent is acting.
(2)
When the bidding at an auction exceeds the
maximum or agreed price fixed by the person on behalf of whom the agent is
acting, the agent must not continue bidding without the express authorisation
of the person on behalf of whom an agent is acting as buyer’s agent or a
person authorised by the person on behalf of whom the agent is acting as
buyer’s agent.
5Information to be given when
expression of interest deposit paid
(1)
When the person on behalf of whom an agent is
acting as buyer’s agent pays an expression of interest deposit in
respect of the proposed purchase of a property prior to exchange of contracts,
the agent must inform the person that the vendor has no obligation to sell the
property or the purchaser to buy the property and the deposit is refundable if
a contract for the sale of the property is not entered into. The information
must be provided in writing and may be provided on the receipt issued by the
vendor or the vendor’s agent.
(2)
An agent must promptly inform the person on
behalf of whom an agent is acting as buyer’s agent when the agent
becomes aware of any subsequent offers to purchase the
property.
6Agent must not accept payment
for a referral
An agent must not demand or accept a fee or other
valuable consideration for referring the person on behalf of whom the agent is
acting as buyer’s agent to a selling agent.
Schedule 6Rules specific to strata,
community, residential and other property managers
(Clause 7)
Note—
Clause 7 provides that a reference in this
Schedule to an agent includes a reference to a registered person to whom the
Schedule applies.
1Co-operation about records,
access and transfer
If an agent is acting on behalf of a person in
the management of property and is advised by another agent that the other
agent (the new
agent) has been engaged to act on behalf of that person in
the management of that property, the agent must co-operate with the new agent
in regard to access to the records of the person, including but not limited to
making the records reasonably available (according to law) and facilitating
the transfer of management functions between the agent and the new
agent.
2Disclosure of potential
agency
If an agent intends to act (or offers to act) for
a person in the management of property and is aware that another agent is or
other agents are managing that property for the person, the agent must, unless
the person otherwise directs in writing, disclose the agent’s intention
to act or offer to act to the current agent or agents.
3Use of collection agent to
collect rent
(1)
A licensee must not use the services of a
collection agent to collect rent or levies on behalf of a person unless the
arrangements for the collection and holding of the rent or levies pending
payment to the agent or the person comply with such guidelines as the Chief
Executive may issue from time to time under this clause (including guidelines
requiring rent or levies collected by a collection agent to be paid into and
retained in a trust account).
(2)
In this clause:
collection agent means a person who
collects rent or levies as agent for and on behalf of a
licensee.
4Confirmation of specific
instructions—property management services
Before or at the time of entering into an agency
agreement under which an agent will provide property management services in
respect of the leasing of residential property or rural land, the agent must
prepare for inclusion in the agency agreement written confirmation of the
extent of the agent’s authority to undertake the following duties in
connection with the management of the property and any limitations on the
agent’s authority to undertake those duties:
(a)
obtaining references from prospective tenants,
arranging inspections of the property by prospective tenants and choosing a
tenant,
(b)
entering into and signing a tenancy agreement
(specifying the term for which the property may be let),
(c)
undertaking inspections of the
property,
(d)
effecting repairs to and maintaining the property
or engaging tradespersons to do so and detailing limitations on expenditure
that may be incurred by the agent without obtaining the approval of the
owner,
(e)
paying disbursements and expenses incurred in
connection with the agent’s management of the
property,
(f)
collecting rent,
(g)
receiving, claiming and disbursing rental bond
money,
(h)
serving notices for breach of the tenancy
agreement or to terminate the tenancy agreement,
(i)
undertaking the necessary steps to obtain vacant
possession and recover any money owing to the owner in relation to the tenancy
of the property,
(j)
representing the owner in any tribunal or court
proceedings in respect of the tenancy of the property,
(k)
paying accounts for amounts owing in relation to
the property (for example, water rates and charges, council rates, maintenance
expenses and owners corporation levies),
(l)
advertising the property for letting or
re-letting,
(m)
reviewing the rent at the end of a
tenancy.
5Confirmation of specific
instructions—leasing of property
Before or at the time of entering into an agency
agreement under which an agent will act for the owner of residential property
or rural land in relation to the entering into of a lease of the residential
property or rural land, the agent must prepare for inclusion in the agency
agreement written confirmation of the extent of the agent’s authority to
undertake the following duties in connection with the entering into of the
lease and any limitations on the agent’s authority to undertake those
duties:
(a)
obtaining references from prospective tenants,
arranging inspections of the property by prospective tenants and choosing a
tenant,
(b)
entering into and signing a tenancy
agreement,
(c)
undertaking an initial inspection of the
property,
(d)
collecting the initial rent
payment,
(e)
receiving and disbursing rental bond
money,
(f)
advertising the property for
letting.
6Confirmation of specific
instructions—strata managing agent or community managing
agent
Before or at the time of entering into an agency
agreement under which an agent will exercise the functions of a strata
managing agent or community managing agent, the agent must prepare for
inclusion in the agency agreement written confirmation of the extent of the
agent’s authority to undertake the following duties in connection with
the exercise of those functions and any limitations on the agent’s
authority to undertake those duties:
(a)
undertaking the financial management of funds and
books of account,
(b)
holding documents and maintaining records
relating to the scheme (for example, the strata roll, notices and minutes of
meetings),
(c)
arranging building inspections and
reports,
(d)
effecting repairs to and maintaining common
property or engaging appropriately qualified tradespersons to do so and
detailing limitations on expenditure that may be incurred by the agent without
obtaining the approval of the person on behalf of whom the agent is
acting,
(e)
paying disbursements and expenses incurred in
connection with the agent’s management of the
scheme,
(f)
arranging insurance cover for the
scheme,
(g)
serving notices to comply with a
by-law,
(h)
managing the sinking fund and the administrative
fund,
(i)
undertaking steps necessary to recover any money
owing in relation to levies,
(j)
representing the owners corporation or
association in tribunal or court proceedings,
(k)
paying accounts in relation to the scheme (for
example, accounts for water charges, council rates and
maintenance),
(l)
arranging and undertaking administrative duties
in relation to annual general meetings and other general
meetings.
Schedule 7Terms applying to all agency
agreements
(Clause 8)
1Identification of property,
business or professional practice
The agreement must specify the address of the
property, business or professional practice to which the agreement applies or
must contain such other description of the property, business or professional
practice as clearly identifies it. This clause does not apply to an agency
agreement to act for the buyer of land.
2Names of parties to
agreement
The agreement must specify the names of each of
the parties to the agreement (including the licensee).
3Information identifying
parties
The agreement must specify the address of the
person on behalf of whom the agent is acting, the licensee’s licence
number and any business name under which the licensee conducts
business.
4Authority of the person on
behalf of whom the agent will act to enter into
agreement
The agreement must contain a statement to the
effect that the person on behalf of whom the agent is acting warrants that the
person has authority to enter into the agreement.
5Authorisation for licensee to
act on behalf of person
The agreement must contain a term containing
particulars of the extent of the authority of the licensee to act as agent on
behalf of the person on behalf of whom the agent is acting in providing
services under the agreement.
6Period of duration of the
agreement
The agreement must contain a term indicating the
period for which the agreement remains in force or indicating that the
agreement remains in force until terminated.
7Termination of the
agreement
If the agreement provides for its termination by
a party to the agreement, the agreement must indicate how and when it can be
terminated.
8Reimbursement of
licensee
(1)
If the licensee is to be entitled to any sum or
reimbursement for expenses or charges incurred by the licensee in connection
with services provided under the agency agreement, the agreement must include
a term that:
(a)
states that the licensee is so entitled,
and
(b)
describes those services, and
(c)
specifies the amount to which the licensee is so
entitled and when it is payable, and
(d)
states that those services and amounts cannot be
varied except with the agreement in writing of the person on behalf of whom
the agent is acting.
(2)
Subclause (1) (d) does not apply to an agency
agreement for the exercise of the functions of a strata managing agent or
community managing agent.
9Remuneration
(1)
The agreement must include a term
specifying:
(a)
the circumstances in which the licensee is
entitled to remuneration (by way of commission or otherwise) for services
performed under the agreement, and
(b)
the amount of the remuneration or the way in
which it is to be calculated, and
(c)
when the remuneration is
payable.
(2)
If the agreement relates to the sale or purchase
of residential property and provides for payment of commission to the agent
calculated as a percentage of the sale or purchase price, the term must also
specify the amount of the remuneration to which the licensee will be entitled
calculated on the basis of a specified estimated sale or purchase price for
the property.
Schedule 8Terms specific to agency
agreement for sale of residential property
(Clause 8)
1Exclusive agency and sole
agency agreements
(1)
If the agency agreement is an exclusive agency
agreement the agreement must include the following statement:
IMPORTANT: This is an exclusive agency agreement.
This means you may have to pay the agent commission even if another agent (or
you) sells the property or introduces a buyer who later buys the
property.
(2)
If the agency agreement is a sole agency
agreement the agreement must include the following statement:
IMPORTANT: This is a sole agency agreement. This
means you may have to pay the agent commission even if another agent sells the
property or introduces a buyer who later buys the
property.
(3)
An agency agreement is an exclusive
agency agreement if the agreement provides for the agent to
be entitled to commission on the happening of an event whether or not the
agent is the effective cause of the happening of the event and whether or not
the client is the effective cause of the happening of the
event.
(4)
An agency agreement is a sole
agency agreement if the agreement provides for the agent to
be entitled to commission on the happening of an event (whether or not the
agent is the effective cause of the happening of the event) unless the client
is the effective cause of the happening of the event.
(5)
A statement that an agency agreement is required
by this clause to include must be included in the agreement immediately
following the term required by clause 9 (Remuneration) of Schedule 7 and must
be no less prominent than that term.
2Warning about other agency
agreements
(1)
The agency agreement must include the following
statement:
WARNING: Have you signed an agency agreement for
the sale of this property with another agent? If you have you may have to pay
2 commissions (if this agreement or the other agreement you have signed is a
sole or exclusive agency agreement).
(2)
A statement that an agency agreement is required
by this clause to include must be included in the agreement immediately
following the term required by clause 9 (Remuneration) of Schedule 7 or
immediately following the statement required by clause 1 of this Schedule, and
must be no less prominent than that term or statement.
3Warning if agreement includes
a term that a commission is payable
(1)
On and from 1 March 2015, if the agency agreement
includes a term that a commission is payable even if the sale of the property
is not completed, the agency agreement must include the following
statement:
WARNING: The term immediately above provides that
a commission is payable under this agreement even if the sale of the property
is not completed.
(2)
The statement must be included in the agreement
immediately following the term and must be no less prominent than that
term.
4Fixed term agency
agreements
(1)
If the agreement is for a fixed term that exceeds
90 days, the agreement must include a term that entitles the person on behalf
of whom the agent is acting to terminate the agreement (without penalty) by
giving 30 days’ notice in writing to the agent at any time after the end
of the first 90 days of the term.
(2)
This clause does not apply to an agency agreement
on the sale of residential property where the contract for sale provides for
the construction by the seller of a dwelling on the
land.
5Price at which property is to
be offered
If the agreement provides for the property to be
offered for sale by private treaty, the agreement must specify the price at
which the property is to be offered.
6Providing person on behalf of
whom the agent is acting with consumer guide
The agreement must include a provision that
states whether or not the agent provided the person on behalf of whom the
agent is acting with a copy of the approved guide entitled Agency Agreements for the Sale of
Residential Property(being the approved guide mentioned in
section 56 of the Act) before the agreement was entered into and (if the guide
was provided) specifies the date it was provided.
7Cooling-off
period
(1)
The agency agreement must include the following
statement:
COOLING-OFF PERIOD: You (the vendor) have a
cooling-off period for this agreement. If you do not wish to continue with
this agreement you can cancel it until 5 pm on the next business day or
Saturday.
(2)
A statement that this clause requires an agency
agreement to include must be included in the agreement in close proximity to
the place where the person on behalf of whom the agent is acting signs the
agreement and must be no less prominent than any other term of the
agreement.
8A sales inspection report to
form part of the agreement
The agreement must include a copy of any sales
inspection report prepared by the agent and given to the person on behalf of
whom the agent is acting under clause 2 of Schedule 2.
sch 8: Am 2014 (812),
Sch 1 [2]–[6].
Schedule 9Terms specific to a
buyer’s agent agency agreement
(Clause 8)
1Property
details
The agreement must include a copy of the
statement prepared and given to the person on behalf of whom the agent is
acting by the agent for the purposes of clause 1 (Statement of property
details) of Schedule 5.
2Purchase price
range
The agreement must specify a price or price range
as the maximum price or the price range that the person on behalf of whom the
agent is acting is prepared to pay for a property.
Schedule 10Terms specific to agency
agreement for sale of rural land
(Clause 8)
1Exclusive agency and sole
agency agreements
(1)
If the agency agreement is an exclusive agency
agreement the agreement must include the following statement:
IMPORTANT: This is an exclusive agency agreement.
This means you may have to pay the agent commission even if another agent (or
you) sells the property or introduces a buyer who later buys the
property.
(2)
If the agency agreement is a sole agency
agreement the agreement must include the following statement:
IMPORTANT: This is a sole agency agreement. This
means you may have to pay the agent commission even if another agent sells the
property or introduces a buyer who later buys the
property.
(3)
An agency agreement is an exclusive
agency agreement if the agreement provides for the agent to
be entitled to commission on the happening of an event whether or not the
agent is the effective cause of the happening of the event and whether or not
the client is the effective cause of the happening of the
event.
(4)
An agency agreement is a sole
agency agreement if the agreement provides for the agent to
be entitled to commission on the happening of an event (whether or not the
agent is the effective cause of the happening of the event) unless the client
is the effective cause of the happening of the event.
(5)
A statement that an agency agreement is required
by this clause to include must be included in the agreement immediately
following the term required by clause 9 (Remuneration) of Schedule 7 and must
be no less prominent than that term.
2Warning about other agency
agreements
(1)
The agency agreement must include the following
statement:
WARNING: Have you signed an agency agreement for
the sale of this property with another agent? If you have you may have to pay
2 commissions (if this agreement or the other agreement you have signed is a
sole or exclusive agency agreement).
(2)
A statement that an agency agreement is required
by this clause to include must be included in the agreement immediately
following the term required by clause 9 (Remuneration) of Schedule 7 or
immediately following the statement required by clause 1 of this Schedule, and
must be no less prominent than that term or statement.
3Warning if agreement includes
a term that a commission is payable
(1)
On and from 1 March 2015, if the agency agreement
includes a term that a commission is payable even if the sale of the property
is not completed, the agency agreement must include the following
statement:
WARNING: The term immediately above provides that
a commission is payable under this agreement even if the sale of the property
is not completed.
(2)
The statement must be included in the agreement
immediately following the term and must be no less prominent than that
term.
4Price at which property is to
be offered
If the agreement provides for the property to be
offered for sale by private treaty, the agreement must specify the price at
which the property is to be offered.
5Cooling-off
period
(1)
The agency agreement must include the following
statement:
COOLING-OFF PERIOD: You (the vendor) have a
cooling-off period for this agreement. If you do not wish to continue with
this agreement you can cancel it until 5 pm on the next business day or
Saturday.
(2)
A statement that this clause requires an agency
agreement to include must be included in the agreement in close proximity to
the place where the person on behalf of whom the agent is acting signs the
agreement and must be no less prominent than any other term of the
agreement.
6A sales inspection report to
form part of the agreement
The agreement must include a copy of any sales
inspection report prepared by the agent and given to the person on behalf of
whom the agent is acting under clause 2 of Schedule 3.
sch 10: Am 2014
(812), Sch 1 [7]–[11].
Schedule 11Terms specific to agency
agreement for sale of business
(Clause 8)
1Exclusive agency and sole
agency agreements
(1)
If the agency agreement is an exclusive agency
agreement the agreement must include the following statement:
IMPORTANT: This is an exclusive agency agreement.
This means you may have to pay the agent commission even if another agent (or
you) sells the business or introduces a buyer who later buys the
business.
(2)
If the agency agreement is a sole agency
agreement the agreement must include the following statement:
IMPORTANT: This is a sole agency agreement. This
means you may have to pay the agent commission even if another agent sells the
business or introduces a buyer who later buys the
business.
(3)
An agency agreement is an exclusive
agency agreement if the agreement provides for the agent to
be entitled to commission on the happening of an event whether or not the
agent is the effective cause of the happening of the event and whether or not
the client is the effective cause of the happening of the
event.
(4)
An agency agreement is a sole
agency agreement if the agreement provides for the agent to
be entitled to commission on the happening of an event (whether or not the
agent is the effective cause of the happening of the event) unless the client
is the effective cause of the happening of the event.
(5)
A statement that an agency agreement is required
by this clause to include must be included in the agreement immediately
following the term required by clause 9 (Remuneration) of Schedule 7 and must
be no less prominent than that term.
2Warning about other agency
agreements
(1)
The agency agreement must include the following
statement:
WARNING: Have you signed an agency agreement for
the sale of this business with another agent? If you have you may have to pay
2 commissions (if this agreement or the other agreement you have signed is a
sole or exclusive agency agreement).
(2)
A statement that an agency agreement is required
by this clause to include must be included in the agreement immediately
following the term required by clause 9 (Remuneration) of Schedule 7 or
immediately following the statement required by clause 1 of this Schedule, and
must be no less prominent than that term or statement.
3Warning if agreement includes
a term that a commission is payable
(1)
On and from 1 March 2015, if the agency agreement
includes a term that a commission is payable even if the sale of the business
is not completed, the agency agreement must include the following
statement:
WARNING: The term immediately above provides that
a commission is payable under this agreement even if the sale of the business
is not completed.
(2)
The statement must be included in the agreement
immediately following the term and must be no less prominent than that
term.
4Transfer of liability for the
leasing or hire purchase of inclusions
The agreement must include any written
confirmation prepared for the purposes of clause 3 of Schedule 4 of any
specific instructions given to the agent by the person on behalf of whom the
agent is acting before the agreement is entered into about arrangements for
the transfer to the purchaser of any liability for the leasing or hire
purchase of goodwill, plant, fittings or stock in inventory included in the
sale.
5Specific instructions about
marketing and inspections
The agreement must include any written
confirmation prepared for the purposes of clause 3 of Schedule 4 of any
specific instructions given to the agent by the person on behalf of whom the
agent is acting before the agreement is entered into about any of the
following:
(a)
the marketing of the
business,
(b)
the entitlement of prospective purchasers to
inspect the premises of the business and the circumstances under which such an
inspection can be made,
(c)
the entitlement of prospective purchasers to
inspect records, books of account and other documents concerning the business
and the circumstances under which such an inspection can be
made.
6Sales inspection report to
form part of the agreement
The agreement must include a copy of any sales
inspection report prepared by the agent and given to the person on behalf of
whom the agent is acting under clause 2 of Schedule 4.
sch 11: Am 2014
(812), Sch 1 [12]–[16].
Schedule 12Terms specific to agency
agreement for management of residential property or rural
land
(Clause 8)
1Extent of agent’s
authority
The agreement must include any written
confirmation prepared for the purposes of clause 4 of Schedule 6 of the extent
of the agent’s authority to undertake the following duties in connection
with the management of the property and any limitations on the agent’s
authority to undertake those duties:
(a)
obtaining references from prospective tenants,
arranging inspections of the property by prospective tenants and choosing a
tenant,
(b)
entering into and signing a tenancy agreement
(specifying the term for which the property may be let),
(c)
undertaking inspections of the
property,
(d)
effecting repairs to and maintaining the property
or engaging tradespersons to do so and detailing limitations on expenditure
that may be incurred by the agent without obtaining the approval of the person
on behalf of whom the agent is acting,
(e)
paying disbursements and expenses incurred in
connection with the agent’s management of the
property,
(f)
collecting rent,
(g)
receiving, claiming and disbursing rental bond
money,
(h)
serving notices for breach of the tenancy
agreement or to terminate the tenancy agreement,
(i)
undertaking the necessary steps to obtain vacant
possession and recover any money owing to the person on behalf of whom the
agent is acting in relation to the tenancy of the
property,
(j)
representing the person on behalf of whom the
agent is acting in any tribunal or court proceedings in respect of the tenancy
of the property,
(k)
paying accounts for amounts owing in relation to
the property (for example, water rates and charges, council rates, maintenance
expenses and owners corporation levies),
(l)
advertising the property for letting or
re-letting,
(m)
reviewing the rent at the end of a
tenancy.
2Accounting to the person on
behalf of whom the agent is acting in respect of money
received
The agreement must specify the manner in which
and the frequency with which the agent is required to account to the person on
behalf of whom the agent is acting in respect of money received by the agent
on behalf of the person.
Schedule 13Terms specific to agency
agreement for the leasing of residential property or rural
land
(Clause 8)
1Extent of agent’s
authority
The agreement must include any written
confirmation prepared for the purposes of clause 5 of Schedule 6 of the extent
of the agent’s authority to undertake the following duties in relation
to the entering into of the lease and any limitations on the agent’s
authority to undertake those duties:
(a)
obtaining references from prospective tenants,
arranging inspections of the property by prospective tenants and choosing a
tenant,
(b)
entering into and signing a tenancy
agreement,
(c)
undertaking an initial inspection of the
property,
(d)
collecting initial rent
payment,
(e)
receiving and disbursing rental bond
money,
(f)
advertising the property for
letting.
2Details about the period of
the tenancy, rent and bond
The agreement must specify the period of the
tenancy, the amount of the rent to be paid, the rent payment period and the
amount of the bond to be paid.
Schedule 14Terms specific to agency
agreement for the management of strata or community title
land
(Clause 8)
1Authorisation for the licensee
to undertake certain duties relating to management of strata or community
title land
The agreement must include any written
confirmation prepared for the purposes of clause 6 of Schedule 6 of the extent
of the agent’s authority to undertake the following duties in connection
with the exercise of the functions of a strata managing agent or community
managing agent and any limitations on the agent’s authority to undertake
those duties:
(a)
undertaking the financial management of funds and
books of account,
(b)
holding documents and maintaining records
relating to the scheme (for example, the strata roll, notices, and minutes of
meetings),
(c)
arranging building inspections and
reports,
(d)
effecting repairs to and maintaining common
property or engaging appropriately qualified tradespersons to do so and
detailing limitations on expenditure that may be incurred by the agent without
obtaining the approval of the person on behalf of whom the agent is
acting,
(e)
paying disbursements and expenses incurred in
connection with the agent’s management of the
scheme,
(f)
arranging insurance cover for the
scheme,
(g)
serving notices to comply with a
by-law,
(h)
managing the sinking fund and the administrative
fund,
(i)
undertaking steps necessary to recover any money
owing in relation to levies,
(j)
representing the owners corporation or
association in tribunal or court proceedings,
(k)
paying accounts in relation to the scheme (for
example, accounts for water charges, council rates and
maintenance),
(l)
arranging and undertaking administrative duties
in relation to annual general meetings and any other general
meetings.
2Effect of statutory
appointment of managing agent
The agreement must include a term or terms to the
effect of the following provisions:
(a)
the agent does not have and may not exercise any
of the powers, authorities, duties or functions of the owners corporation,
association or strata corporation that are conferred on another strata
managing agent or managing agent appointed for the owners corporation,
association or strata corporation for the time being under section 162 of the
Strata Schemes Management Act 1996 or
section 85 of the Community Land Management Act
1989,
(b)
the agency agreement is terminated on the
appointment of a strata managing agent or managing agent under section 162 of
the Strata Schemes Management Act 1996 or
section 85 of the Community Land Management Act
1989 to exercise or perform all the functions of the
owners corporation, association or strata corporation,
(c)
the agent is not entitled to any remuneration by
way of commission or otherwise in respect of any period after termination of
the agency agreement as referred to in paragraph (b),
(d)
the agent is not entitled to any payment (in the
nature of a penalty or otherwise) by reason of the early termination of the
agency agreement as referred to in paragraph (b).
3Renewal of agreement for fixed
term
If the agreement is for a fixed term, it must not
contain a provision that operates (without the further agreement in writing of
the person on behalf of whom the agent is acting) to renew the agreement for a
subsequent fixed term of more than 3 months unless the agreement also provides
for the person on behalf of whom the agent is acting to be able to terminate
the agreement (without penalty) by giving 3 months’ notice of
termination at any time during that subsequent fixed term.
Note—
This does not prevent the person on behalf of
whom the agent is acting from agreeing in writing to the renewal of the
agreement for a further fixed term.
4Accounting to the person on
behalf of whom the agent is acting in respect of money
received
The agreement must specify the manner in which
and the frequency with which the agent is required to account to the person on
behalf of whom the agent is acting in respect of money received by the agent
on behalf of that person.
5Indemnification of strata
managing agent prohibited
An agency agreement under which the agent will
exercise the functions of a strata managing agent must not contain a term that
indemnifies the agent against any liability to pay a fine that arises by
virtue of section 30 of the Strata Schemes Management Act
1996.
Note—
Section 30 of the Strata Schemes
Management Act 1996 provides that if a strata managing
agent has been delegated a duty by an owners corporation and a breach of the
duty by the owners corporation would constitute an offence under a provision
of the Strata Schemes Management Act
1996, the agent is guilty of an offence under that
provision (instead of the owners corporation) for any breach of the duty by
the agent occurring while the delegation remains in
force.
Schedule 15Penalty notice
offences
(Clause 52)
Column
1
Column
2
Column
3
Provision
Penalty
(individuals)
Penalty
(corporations)
Offences under the
Act
Section 8
(1)
$1,100
Section 9
(1)
$2,200
Section 10
(1)
$1,100
Section 11
(1)
$550
Section 11
(2)
$550
Section
12
$550
Section 28
(4)
$550
Section 29
(1)
$550
Section 29
(2)
$550
Section 29
(3)
$550
Section 30
(1)
$550
Section 30
(5)
$550
Section 31
(1)
$1,100
$2,200
Section 31
(2)
$1,100
$2,200
Section 31
(3)
$1,100
$2,200
Section 31
(4)
$1,100
Section 32
(2)
$1,100
Section 32
(4)
$1,100
$2,200
Section 33
(1)
$550
$1,100
Section 34
(3)
$550
Section 35
(1)
$1,100
Section 35
(2)
$1,100
Section 37
(2)
$550
$1,100
Section 39
(1)
$550
Section
40
$1,100
Section 42
(1)
$550
Section 42
(2)
$550
Section 42
(3)
$550
Section 43
(1)
$550
Section
44
$550
Section
45
$550
Section 46
(2)
$2,200
Section 47
(1)
$2,200
Section 48
(2)
$1,100
$2,200
Section 49
(1)
$2,200
Section 49
(2)
$2,200
Section 50
(1)
$1,100
Section 50
(2)
$1,100
Section 51
(1)
$2,200
Section 52
(1)
$2,200
Section 56
(1)
$550
Section 58
(1)
$1,100
$2,200
Section 58
(2)
$1,100
$2,200
Section 63
(2)
$1,100
Section 66
(1)
$2,200
Section 67
(1)
$1,100
Section 68
(1)
$1,100
Section 68
(4)
$1,100
Section 69
(1)
$1,100
Section 69
(3)
$1,100
Section 70
(1)
$1,100
Section 71
(2)
$550
Section
72
$2,200
Section 73
(1)
$2,200
Section 74
(2)
$2,200
Section 78
(1)
$1,100
$2,200
Section 78
(2)
$1,100
$2,200
Section 78
(3)
$550
Section 79
(1)
$550
$1,100
Section 79
(2)
$550
$1,100
Section
80
$550
Section 81
(2)
$550
Section 82
(2)
$550
Section 83
(1)
$550
Section 83
(2)
$550
Section 86
(1)
$1,100
Section 86
(2)
$1,100
Section 86
(3)
$1,100
Section 86
(4)
$1,100
Section 86
(5)
$1,100
Section
89
$1,100
Section 90
(1)
$1,100
Section 91
(1)
$1,100
Section 91
(2)
$1,100
Section 91
(3)
$1,100
Section
92
$1,100
Section
93
$1,100
Section
94
$1,100
Section 102
(1)
$1,100
Section 102
(2)
$1,100
Section 104
(1)
$550
Section 104
(2)
$550
Section 104
(3)
$550
Section 110
(1) (a)
$1,100
Section 110
(1) (b)
$1,100
Section 110
(1) (c)
$1,100
Section 110
(1) (d)
$1,100
Section 110
(3)
$110
Section 111
(1) (a)
$550
$1,100
Section 111
(1) (b)
$550
$1,100
Section 111
(3)
$550
$1,100
Section 111
(4)
$550
$1,100
Section 119
(1)
$5,500
Section 119
(3)
$1,100
Section
120
$1,100
Section
137
$1,100
Section 143
(1)
$1,100
Section 145
(a)
$1,100
Section 145
(b)
$1,100
Section 145
(c)
$1,100
Section 145
(d)
$1,100
Section 145
(e)
$1,100
Section 145
(f)
$1,100
Section 163
(2)
$550
Section
164
$1,100
Section 184
(2) (a)
$550
Section 184
(2) (b)
$550
Section
185
$550
Section
202
$1,100
$2,200
Section
203
$550
$1,100
Section 207
(a)
$1,100
Section 207
(b)
$1,100
Section 207
(c)
$1,100
Section 219
(1)
$550
Offences under this
Regulation
Each
provision of this Regulation that creates an offence
$550
$1,100
sch 15: Am 2014
(812), Sch 1 [17].
Schedule 16Fees and Compensation Fund
contributions
(Clause 55)
Column
1
Column
2
Column
3
Column
4
Column
5
Nature of
fee payable
Fixed
component
Processing
component
Compensation Fund contribution
Total
Application
fee for grant of licence
$223
$201
$69
$493
Application
fee for grant of certificate of registration
$44
$82
Nil
$126
Application
fee for renewal of licence
$223
$66
$69
$358
Application
fee for renewal of certificate of registration
$44
$41
Nil
$85
Application
fee for restoration of licence
$223
$133
$69
$425
Application
fee for restoration of certificate of registration
$44
$55
Nil
$99
Application
fee for accreditation as an auctioneer under section 21 of the
Act
Nil
$66
Nil
$66
Application
fee for a replacement licence
Nil
$43
Nil
$43
Application
fee for a replacement certificate of registration
Nil
$43
Nil
$43