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This is a Bill, not an Act. For current law, see the Acts databases.
2022
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Consumer Affairs)
Contents
Page
Part 1.1ACT Civil and Administrative Tribunal Regulation 200998
2022
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Consumer Affairs)
Fair Trading and Other Justice Legislation Amendment Bill 2022
A Bill for
An Act to amend fair trading legislation, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Fair Trading and Other Justice Legislation Amendment Act 2022
.
(1) The following provisions commence on the day after this Act’s notification day:
• section 3
• section 110
• parts 4 to 9.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) The remaining provisions commence on 1 July 2022.
This Act amends the following legislation:
•
•
•
•
•
•
•
•
.
Note This Act also amends other legislation (see sch 1).
insert
7A Meaning of licensed property agent
In this Act:
licensed property agent means—
(a) a licensed business agent; or
(b) a licensed real estate agent; or
(c) a licensed stock and station agent.
5 Carrying on business as real estate
agent
Section 8 (2) (a)
substitute
(a) buying, selling (other than by auction), exchanging, leasing, assigning or otherwise disposing of land;
insert
(ca) managing property under a lease;
7 Carrying on business as stock and
station agent
Section 9 (2)
substitute
(2) Each of the following is a stock and station agent service:
(a) buying, selling (other than by auction), exchanging, leasing, assigning or otherwise disposing of rural land;
(b) negotiating with, or inducing or attempting to induce, a person to—
(i) buy, sell, exchange, lease, assign or otherwise dispose of rural land; or
(ii) enter into, or make or accept an offer to enter into, a contract to buy, sell, exchange, lease, assign or otherwise dispose of rural land;
(c) introducing a buyer or lessee of rural land to another licensed agent or to the owner, or an agent of the owner, of rural land;
(d) collecting payments under a lease of rural land;
(e) managing rural property under a lease;
(f) buying, selling (including by auction) or otherwise disposing of livestock;
(g) negotiating with , or inducing or attempting to induce, a person to—
(i) buy, sell, auction, exchange or otherwise dispose of livestock; or
(ii) enter into, or make or accept an offer to enter into, a contract to buy, sell, auction, exchange or otherwise dispose of livestock;
(h) providing agistment for livestock or collecting fees for the agistment of livestock;
(i) any other service prescribed by regulation for this section.
insert
11 Carrying on business as land auctioneer
(1) A person carries on business as a land auctioneer if the person provides, or offers to provide, a land auctioneer service for a principal.
(2) Each of the following is a land auctioneer service:
(a) acting as an auctioneer of land, including rural land;
(b) any other service prescribed by regulation for this section.
substitute
16 Application—div 3.1
This division does not apply to an administrator appointed under section 139.
17 Meaning of licensed—div 3.1
In this division:
licensed, in relation to an agent, does not include an agent whose licence is suspended.
insert
21 Land auctioneers must be licensed
(1) A person commits an offence if—
(a) the person is not a licensed land auctioneer; and
(b) the person—
(i) carries on business as a land auctioneer; or
(ii) pretends to be a licensed land auctioneer.
Maximum penalty: 100 penalty units.
(2) Subsection (1) (b) (i) does not apply if the person elects, or is taken, to be 1 or more of the following licensed property agents under section 229, section 230 or section 231:
(a) a class 1 licensed real estate agent;
(b) a class 1 licensed stock and station agent;
(c) a class 2 licensed real estate agent;
(d) a class 2 licensed stock and station agent.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 58).
(3) An offence against this section is a strict liability offence.
(4) Subsection (2) and this subsection expire on 30 June 2024.
in division 3.1, insert
23A Classes of property agent licence
A property agent licence may be a class 1 or class 2 licence.
Note The qualifications and experience needed for each class of property agent licence are declared under s 25.
23B Property agents must have correct class of licence
(1) A person commits an offence if the person—
(a) is not a class 1 licensed agent of a particular kind; and
(b) pretends to be a class 1 licensed agent of that kind.
Maximum penalty: 100 penalty units.
Example
A person is not a class 1 licensed real estate agent but pretends to be a class 1 licensed real estate agent.
(2) A person commits an offence if—
(a) the person is not a class 2 licensed agent of a particular kind; and
(b) pretends to be a class 2 licensed agent of that kind.
Maximum penalty: 100 penalty units.
(3) An offence against this section is a strict liability offence.
(4) In this section:
class 1 licensed agent, of a particular kind, means a person who holds a class 1 licence to carry on business as one of the following agents:
(a) a business agent;
(b) a real estate agent;
(c) a stock and station agent.
class 2 licensed agent, of a particular kind, means a person who holds a class 2 licence to carry on business as one of the following agents:
(a) a business agent;
(b) a real estate agent;
(c) a stock and station agent.
substitute
Division 3.2 Eligibility, qualifications and disqualification—agents
13 Eligibility for
licences
Section 24 (1)
substitute
(1) An individual is eligible to be licensed as an agent if the commissioner for fair trading is satisfied that the individual—
(a) is an adult; and
(b) has the qualifications required under section 25 for—
(i) the kind of licence; and
(ii) for a property agent licence—the class of licence; and
(c) has the experience required under section 25 for—
(i) the kind of licence; and
(ii) for a property agent licence—the class of licence; and
(d) is not disqualified under section 27 (People disqualified from being licensed) or section 51 (People disqualified from being registered).
(1A) For subsection (1) (b), the commissioner for fair trading may decide that a higher qualification, equivalent qualification or substantially equivalent qualification meets the qualifications required under section 25 for—
(a) the kind of licence; and
(b) for a property agent licence—the class of licence.
after
licensed
insert
as an agent
substitute
25 Qualifications and experience for licences
(1) The commissioner for fair trading may declare the qualifications and experience required for—
(a) a licence, or renewal of a licence, for an agent; and
(b) each class of property agent licence.
(2) A declaration is a disallowable instrument.
(3) A declaration may apply, adopt or incorporate a law of another jurisdiction or instrument as in force from time to time.
(4) The
, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or instrument applied, adopted or incorporated under a declaration.
Note Laws of another jurisdiction and instruments mentioned in s (4) do not need to be notified under the Legislation Act
because s 47 (5) and (6) does not apply (see Legislation Act
, s 47 (7)).
(5) In this section:
law of another jurisdiction—see the Legislation Act
, section 47 (10).
16 People disqualified from being
licensed
Section 27 (1)
after 1st mention of
licensed
insert
as an agent
17 Suitability—real estate
agents
Section 27A (3) (e)
omit
salesperson
substitute
assistant real estate agent
substitute
Division 3.3 Licence procedures and details—agents
19 Advertising intended licence
applications
Section 28 (1)
after 1st mention of
licence
insert
as an agent
substitute
(2) The notice must—
(a) state the kind of licence the person intends to apply for; and
(b) for a property agent licence—state the class of licence the person intends to apply for; and
(c) include any other information prescribed by regulation.
21 Licence applications
New
section 29 (1A)
insert
(1A) An application must be in writing and state—
(a) the kind of licence applied for; and
(b) for a property agent licence—the class of licence applied for.
22 Decisions on licence
applications
New section 33 (3A)
insert
(3A) If the licence is a property agent licence, the licence must state the class of licence.
substitute
44 Meaning of registered—div 4.1
In this division:
registered, in relation to an assistant property agent, does not include an assistant property agent whose registration is suspended.
substitute
45 Assistant real estate agents must be registered
omit
real estate salesperson
substitute
assistant real estate agent
substitute
(3) This section does not apply to the provision of a service by a person who is otherwise licensed or registered to provide the service.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
substitute
46 Assistant stock and station agents must be registered
omit
stock and station salesperson
substitute
assistant stock and station agent
substitute
(3) This section does not apply to the provision of a service by a person who is otherwise licensed or registered to provide the service.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
substitute
47 Assistant business agents must be registered
omit
business salesperson
substitute
assistant business agent
substitute
(3) This section does not apply to the provision of a service by a person who is otherwise licensed or registered to provide the service.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
substitute
48 Assistant property agents must be registered to recover fees etc
(1) A person is not entitled to bring a proceeding to recover salary, or a commission, fee or reward, for a service provided by the person if, in providing the service, the person contravened any of the following provisions:
(a) section 45 (Assistant real estate agents must be registered);
(b) section 46 (Assistant stock and station agents must be registered);
(c) section 47 (Assistant business agents must be registered).
(2) Subsection (1) applies whether or not anyone has been convicted of an offence against section 45, section 46 or section 47.
substitute
Division 4.2 Eligibility, qualifications and disqualification—assistant property agents
35 Eligibility for
registration
Section 49 (1)
substitute
(1) An individual is eligible to be registered as an assistant property agent if the commissioner for fair trading is satisfied that the individual—
(a) is an adult; and
(b) has the qualifications required under section 50 for the kind of registration; and
(c) has the experience required under section 50 for the kind of registration; and
(d) is not disqualified under section 27 (People disqualified from being licensed) or section 51 (People disqualified from being registered).
(1A) For subsection (1) (b), the commissioner for fair trading may decide that a higher qualification, equivalent qualification or substantially equivalent qualification meets the qualifications required under section 50 for the kind of registration.
substitute
50 Qualifications and experience for registration
(1) The commissioner for fair trading may declare the qualifications and experience required for registration, or renewal of registration, of an assistant property agent.
(2) A declaration is a disallowable instrument.
(3) A declaration may apply, adopt or incorporate a law of another jurisdiction or instrument as in force from time to time.
(4) The
, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or instrument applied, adopted or incorporated under a declaration.
Note Laws of another jurisdiction and instruments mentioned in s (4) do not need to be notified under the Legislation Act
because s 47 (5) and (6) does not apply (see Legislation Act
, s 47 (7)).
(5) In this section:
law of another jurisdiction—see the Legislation Act
, section 47 (10).
37 People disqualified from being
registered
Section 51 (1)
after 1st mention of
registered
insert
as an assistant property agent
omit
a real estate salesperson
substitute
an assistant real estate agent
substitute
51A Suitability—assistant real estate agents
omit
a real estate salesperson
substitute
an assistant real estate agent
omit
a salesperson
substitute
an assistant real estate agent
omit
salesperson
substitute
assistant real estate agent
substitute
Division 4.3 Registration procedures and details—assistant property agents
44 Advertising intended registration
applications
Section 52 (1)
after 1st mention of
registration
insert
as an assistant property agent
substitute
(2) The notice must—
(a) state the kind of registration the person intends to apply for; and
(b) include any other information prescribed by regulation.
46 Registration
applications
New section 53 (1A)
insert
(1A) An application must be in writing and state the kind of registration applied for.
substitute
64 Meaning of registered assistant property agent—div 4.4
In this division:
registered assistant property agent means a registered assistant property agent or a former registered assistant property agent.
48 Sections 65 (1) (c) and (f) and 67 (1)
omit
salesperson’s
substitute
assistant property agent’s
substitute
68A Licensed agent in charge to have class 1 property agent licence
(1) A person commits an offence if the person—
(a) is responsible for the day-to-day management of a place of business of a licensed property agent; and
(b) is not a class 1 licensed property agent.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
(3) A licensed property agent may be exempted from this section under section 71 (Class 1 licensed property agent to be in charge of business—exemptions).
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
69 Property agent place of business to have class 1 licensed property agent in charge
(1) A class 1 licensed property agent commits an offence if—
(a) the licensed property agent is an individual; and
(b) the licensed property agent carries on business at 2 or more places of business; and
(c) the licensed property agent does not employ, at each place of business where the licensed property agent is not responsible for the day-to-day management of the business, an individual who—
(i) is a class 1 licensed property agent; and
(ii) is responsible for the day-to-day management of the place of business.
Maximum penalty: 50 penalty units.
(2) A class 2 licensed property agent commits an offence if—
(a) the licensed property agent is an individual; and
(b) the licensed property agent does not employ, at each place of business where the licensed property agent carries on business, an individual who—
(i) is a class 1 licensed property agent; and
(ii) is responsible for the day-to-day management of the place of business.
Maximum penalty: 50 penalty units.
(3) A licensed property agent commits an offence if—
(a) the licensed property agent is a corporation; and
(b) the licensed property agent does not employ, at each place of business where the licensed property agent carries on business, an individual who—
(i) is a class 1 licensed property agent; and
(ii) is responsible for the day-to-day management of the place of business.
Maximum penalty: 50 penalty units.
(4) An offence against this section is a strict liability offence.
(5) A licensed property agent may be exempted from this section under section 71.
Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code
, s 58).
70 Class 1 licensed property agent to be in charge of 1 place of business
(1) A class 1 licensed property agent commits an offence if the licensed property agent is responsible for the day-to-day management of 2 or more places of business.
Maximum penalty: 50 penalty units.
(2) A class 1 licensed property agent commits an offence if—
(a) the licensed property agent—
(i) is employed to be responsible for the day-to-day management of another licensed property agent’s place of business; and
(ii) provides services for 2 or more licensed property agents at the place; and
(b) the licensed property agents to whom the services are provided are not in partnership with each other.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability offence.
(4) A class 1 licensed property agent may be exempted from this section under section 71.
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 58).
substitute
71 Class 1 licensed property agent to be in charge of business—exemptions
substitute
(1) The commissioner for fair trading may, in writing, exempt a licensed property agent from the following provisions:
(a) section 68A (Licensed agent in charge to have class 1 property agent licence);
(b) section 69 (Property agent place of business to have class 1 licensed property agent in charge);
(c) section 70 (Class 1 licensed property agent to be in charge of 1 place of business).
52 Division 5.3 heading, except note
substitute
Division 5.3 Offences—assistant property agents
substitute
75 Licensed property agent may only employ licensed property agent or registered assistant property agent
omit
insert
75A Assistant property agents must not sign agency agreements
(1) A person commits an offence if the person—
(a) is a registered assistant property agent; and
(b) signs an agency agreement.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply if the person is taken to be a registered assistant property agent under section 234.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 58).
(3) An offence against this section is a strict liability offence.
(4) Subsection (2) and this subsection expire on 30 June 2023.
(5) In this section:
agency agreement—see section 100 (1) (a).
substitute
Division 5.4 Conflicts of interest—real estate and stock and station agents
substitute
77 Licensed real estate and stock and station agents must not act for buyer and seller of land
omit
An agent
substitute
A licensed real estate agent or licensed stock and station agent
substitute
85 Assistant property agents must disclose certain information
omit everything before paragraph (a), substitute
(1) An assistant property agent commits an offence if the assistant property agent—
omit everything before paragraph (a), substitute
(3) An assistant property agent commits an offence if the assistant property agent—
substitute
87 Assistant property agents must not obtain beneficial interest in land
omit
A salesperson
substitute
An assistant property agent
omit
a salesperson
substitute
an assistant property agent
65 Sections 88 (2) (b) and 89 (1)
omit
salesperson’s
substitute
assistant property agent’s
66 Proposed contracts for sale of
residential property
Section 89A (2)
omit
A salesperson
substitute
An assistant property agent
substitute
Division 5.9 Other offences—agents and assistant property agents
68 Lending registration
certificate
Section 98 (1), (2) and (4)
omit
salesperson’s
substitute
assistant property agent’s
substitute
Part 7 Trust accounts—licensed property agents
in division 7.1, insert
101 Meaning of licensed property agent—pt 7
In this part:
licensed property agent includes any of the following:
(a) a person who is no longer a licensed property agent but holds trust money received while licensed;
(b) the personal representative of a licensed property agent who died while holding trust money, if the representative holds the trust money;
(c) the liquidator of a corporation that went into liquidation while being a licensed property agent and holding trust money, if the corporation holds the trust money.
71 Meaning of licensed
agent—divs 7.2 and 7.3
Section 104A
omit
insert
107A Assistant property agents must not withdraw trust money
(1) A registered assistant property agent commits an offence if the assistant property agent withdraws money from a trust account.
Maximum penalty: 100 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
withdraw money—see section 141 (4).
73 Sections 108 and 111 headings
substitute
108 Licensed property agents to notify of overdrawn trust accounts
111 Quarterly statements by licensed property agents
74 Payment of unclaimed money to public
trustee and guardian
Section 124 (3) and (4)
after
licensed
insert
property
substitute
Division 8.2 Freezing accounts—licensed property agents
substitute
131 Definitions—div 8.2
In this division:
account, for a licensed property agent, means—
(a) a trust account; or
(b) any other account in which the licensed property agent has an interest, including an account that is not a trust account but in which trust money is held.
licensed property agent includes a former licensed property agent or the personal representative of a licensed property agent.
stop direction means a direction under section 132.
substitute
Part 10 Consumer compensation fund—licensed property agents
substitute
147 Definitions—div 10.2
In this division:
claimant—see section 149 (Entitlement to claim compensation).
licensed property agent includes a former licensed property agent.
148 Application—div 10.2
This division applies in relation to a person who was a licensed property agent only in relation to anything that happened while the person was licensed.
79 Register
information
Section 161 (g)
substitute
(g) any exemption under section 71 (Class 1 licensed property agent to be in charge of business—exemptions);
80 False or misleading
statements
Section 169 (1) (g) and (h)
substitute
(g) an application for an exemption under section 71 (Class 1 licensed property agent to be in charge of business—exemptions);
(h) information or a document required or permitted to be given under part 7 (Trust accounts—licensed property agents);
81 Rules of conduct
Section
171 (1)
omit
or registered salespeople
substitute
, licensed land auctioneers or registered assistant property agents
insert
(2A) A licensed land auctioneer must not contravene a rule of conduct applying to the auctioneer.
insert
Part 22 Transitional—Fair Trading and Other Justice Legislation Amendment Act 2022
228 Definitions—pt 22
In this part:
additional class 1 training means the following VET course units of competency:
(a) CPPREP5001 (Manage compliance in the property industry);
(b) CPPREP5002 (Establish and monitor property industry trust account management practices);
(c) CPPREP5003 (Manage ethical practice in the property industry);
(d) CPPREP5004 (Manage a safe workplace in the property industry);
(e) CPPREP5005 (Manage teams in the property industry);
(f) CPPREP5006 (Manage operational finances in the property industry);
(g) CPPREP5007 (Develop a strategic business plan in the property industry).
commencement day means the day the Fair Trading and Other Justice Legislation Amendment Act 2022, part 2 commences.
completes additional class 1 training—a person completes additional class 1 training if a registered training organisation issues the person with a statement of attainment or qualification, confirming that the person has satisfied the requirements of the additional class 1 training.
licensed property agent, of a particular kind, means a person who holds a licence to carry on business as 1 of the following agents:
(a) a business agent;
(b) a real estate agent;
(c) a stock and station agent.
owners corporation managing agent—see section 109A (3).
registered training organisation—see the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3.
statement of attainment means a VET statement of attainment
under the
(Cwlth), section 3.
unqualified real estate salesperson means a person—
(a) to whom section 49 (1) (a) and (c) as in force immediately before the commencement day applied; and
(b) who immediately before the commencement day did not have the qualifications prescribed under section 50 as in force immediately before the commencement day.
VET course—see the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3.
229 Licensed agents
(1) This section applies to a person if, immediately before the commencement day, the person was a licensed agent under section 33 of the kind mentioned in table 229, column 2.
(2) On the commencement day, the person is taken to be a class 2 licensed property agent of the kind mentioned in table 229, column 3.
Table 229
column 1
item
|
column 2
old kind of licensed agent
|
column 3
new kind and class of licensed property agent
|
---|---|---|
1
|
licensed business agent
|
class 2 licensed business agent
|
2
|
licensed real estate agent
|
class 2 licensed real estate agent
|
3
|
licensed stock and station agent
|
class 2 licensed stock and station agent
|
(3) This section is subject to section 231.
230 Licensed agents in charge
(1) This section applies if—
(a) immediately before the commencement day, a person was a licensed agent under section 33 of the kind mentioned in table 230, column 2; and
(b) at any time before the commencement day, the person was responsible for the day-to-day management of a place of business of the same kind of licensed agent.
(2) On the commencement day, the person is taken to be a class 1 licensed property agent of the kind mentioned in table 230, column 3.
Table 230
column 1
item
|
column 2
old kind of licence—licensed agent in charge
|
column 3
new kind and class of licensed property agent
|
---|---|---|
1
|
licensed business agent
|
class 1 licensed business agent
|
2
|
licensed real estate agent
|
class 1 licensed real estate agent
|
3
|
licensed stock and station agent
|
class 1 licensed stock and station agent
|
(3) The licence of a person taken to be a class 1 licensed property agent under subsection (2) is automatically subject to the condition that the person must complete additional class 1 training before 1 July 2024.
231 Experienced property agents who elect to become class 1 licensed property agent
(1) This section applies if a person—
(a) is taken to be a class 2 licensed property agent of a particular kind under section 229; and
(b) immediately before the commencement day, had at least 2 years experience as a licensed agent of the same kind.
(2) The person may elect to be a class 1 licensed property agent of that kind.
(3) The licence of a person who elects to be a class 1 licensed property agent under subsection (2) is automatically subject to the condition that the person must complete additional class 1 training on or before 30 June 2024.
(4) A person who elects to be a class 1 licensed property agent must give the commissioner for fair trading written notice about their election.
(5) The notice must be given to the commissioner before 1 July 2023.
232 Conditional real estate agent licences—acting as auctioneer of land
(1) This section applies to a person if, immediately before the commencement day—
(a) the person was a licensed real estate agent under section 33; and
(b) the licence held by the person was subject to a condition under section 34 that the person act only as an auctioneer of land.
(2) On the commencement day, the person is taken to be a licensed land auctioneer.
(3) The licence of a person taken to be a licensed land auctioneer under subsection (2) is automatically subject to the condition that the person must complete additional auctioneer training before 1 July 2024.
(4) In this section:
additional auctioneer training means the following VET course units of competency:
(a) CPPREP4161 (Undertake pre-auction processes);
(b) CPPREP4162 (Conduct and complete sale by auction);
(c) CPPREP4163 (Complete post-auction process and contract execution).
completes additional auctioneer training—a person completes additional auctioneer training if a registered training organisation issues the person with a statement of attainment or qualification, confirming that the person has satisfied the requirements of the additional auctioneer training.
233 Conditional stock and station agent licences—acting as auctioneer of rural land
(1) This section applies to a person if, immediately before the commencement day—
(a) the person was a licensed stock and station agent under section 33; and
(b) the licence held by the person was subject to a condition under section 34 that the person act only as an auctioneer of rural land.
(2) On the commencement day, the person is taken to be a licensed land auctioneer.
(3) The licence of a person taken to be a licensed land auctioneer under subsection (2) is automatically subject to the following conditions:
(a) the person act only as an auctioneer of rural land;
(b) the person must complete additional auctioneer training before 1 July 2024.
(4) In this section:
additional auctioneer training—see section 232 (4).
completes, additional auctioneer training—see section 232 (4).
234 Registered salespeople
(1) This section applies to a person if, immediately before the commencement day, the person was a registered salesperson under section 57 of the kind mentioned in table 234, column 2.
(2) On the commencement day, the person is taken to be a registered assistant property agent of the kind mentioned in table 234, column 3.
Table 234
column 1
item
|
column 2
old kind of registered salesperson
|
column 4
new kind of registered assistant property agent
|
---|---|---|
1
|
registered business salesperson
|
registered assistant business agent
|
2
|
registered real estate salesperson
|
registered assistant real estate agent
|
3
|
registered stock and station salesperson
|
registered assistant stock and station agent
|
235 Unqualified real estate salespeople
(1) This section applies to a person if, immediately before the commencement day, the person was an unqualified real estate salesperson who held registration as a real estate salesperson in the circumstances mentioned in the Agents Regulation 2003
, section 8A (1) as in force immediately before the commencement day.
(2) On the commencement day, the person’s registration as a real estate salesperson continues, and is automatically subject to the condition that the registration ends on the earlier of—
(a) the day any of the circumstances mentioned in subsection (1) change; and
(b) 31 October 2023.
(3) The provisions of this Act and the Agents Regulation 2003
apply to the person as if a reference to an assistant real estate agent were a reference to a real estate salesperson.
236 Owners corporation managing agents—licensed agent in charge
(1) This section applies to a person if—
(a) the person was—
(i) immediately before the commencement day, a licensed real estate agent under section 33; and
(ii) at any time before the commencement day, responsible for the day-to-day management of a place of business of an owners corporation managing agent; and
(b) the licence held by the person was subject to a condition under section 34 that the person act only as an owners corporation managing agent.
(2) On the commencement day, the person is taken to be a class 1 licensed real estate agent.
(3) The licence of a person taken to be a class 1 licensed real estate agent under subsection (2) is automatically subject to the following conditions:
(a) the person act only as an owners corporation managing agent;
(b) the person must complete additional class 1 training before 1 July 2024.
237 Owners corporation managing agents
(1) This section applies to a person if, immediately before the commencement day—
(a) the person was a licensed real estate agent under section 33; and
(b) the licence held by the person was subject to a condition under section 34 that the person act only as an owners corporation managing agent.
(2) On the commencement day—
(a) the person is taken to be a class 2 licensed real estate agent; and
(b) the person’s licence is automatically subject to the condition that the person act only as an owners corporation managing agent.
238 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Fair Trading and Other Justice Legislation Amendment Act 2022.
(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
Note A transitional provision under s (1) continues to have effect
after its repeal, however, a modification under s (2) has no ongoing effect
after its repeal (see
, s 88).
239 Expiry—pt 22
This part expires on 30 June 2025.
Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
84 Reviewable
decisions
Schedule 1, item 5
substitute
5
|
36 (2) (b)
|
refuse to renew licence
|
licensed agent
|
substitute
10A
|
71 (1)
|
refuse to exempt person from being class 1 licensed property agent
|
person responsible for management of business of licensed property
agent
|
11
|
71 (1)
|
refuse to exempt from having class 1 licensed property agent in charge of
business
|
licensed property agent who owns business
|
12
|
71 (1)
|
refuse to exempt class 1 licensed property agent from requirement to
manage not more than 1 business
|
applicant for exemption
owner of each business
|
13
|
71 (1)
|
refuse to exempt class 1 licensed property agent in charge of a
business from requirement to not provide service to another agent
|
applicant for exemption
owner of each business
|
14
|
71 (2)
|
put condition on exemption from prohibition on managing, or providing
services, to more than 1 business
|
licensed property agent exempted
owner of each business
|
15
|
71 (2)
|
amend a condition on exemption from prohibition on managing, or providing
services, to more than 1 business
|
licensed property agent exempted
owner of each business
|
86 Dictionary, definition of account etc
substitute
account, for a licensed property agent, for division 8.2 (Freezing accounts—licensed property agents)—see section 131.
agent—
(a) for this Act generally, means a person who carries on business as any of the following:
(i) a business agent;
(ii) a land auctioneer;
(iii) an employment agent;
(iv) a real estate agent;
(v) a stock and station agent; and
(b) for division 3.4 (Occupational discipline—agents)—see section 40.
agents licence means any of the following:
(a) a business agents licence;
(b) a land auctioneers licence;
(c) an employment agents licence;
(d) a real estate agents licence;
(e) a stock and station agents licence.
87 Dictionary, new definition of assistant property agent
insert
assistant property agent means a person who, as an employee, provides—
(a) a business agent service; or
(b) a real estate agent service; or
(c) a stock and station agent service.
88 Dictionary, definition of carries on business as
substitute
carries on business as—
(a) a business agent—see section 10; or
(b) an employment agent—see section 12; or
(c) a land auctioneer—see section 11; or
(d) a real estate agent—see section 8; or
(e) a stock and station agent—see section 9.
89 Dictionary, new definitions
insert
class 1 licensed business agent means a person who holds a class 1 licence as a business agent.
class 1 licensed property agent means—
(a) a class 1 licensed business agent; or
(b) a class 1 licensed real estate agent; or
(c) a class 1 licensed stock and station agent.
class 1 licensed real estate agent means a person who holds a class 1 licence as a real estate agent.
class 1 licensed stock and station agent means a person who holds a class 1 licence as a stock and station agent.
class 2 licensed business agent means a person who holds a class 2 licence as a business agent.
class 2 licensed property agent means—
(a) a class 2 licensed business agent; or
(b) a class 2 licensed real estate agent; or
(c) a class 2 licensed stock and station agent.
class 2 licensed real estate agent means a person who holds a class 2 licence as a real estate agent.
class 2 licensed stock and station agent means a person who holds a class 2 licence as a stock and station agent.
90 Dictionary, definition of details
omit
(Trust accounts)
substitute
(Trust accounts—licensed property agents)
91 Dictionary, definition of ground for occupational discipline, paragraph (b)
substitute
(b) for a registered assistant property agent—see section 65.
92 Dictionary, new definitions
insert
land auctioneer means a person who carries on business as a land auctioneer.
land auctioneer service—see section 11 (2).
93 Dictionary, definitions of licensed agent and licensed business agent
substitute
licensed agent means an agent who holds a licence, and includes a land auctioneer who holds a licence.
licensed business agent means—
(a) a class 1 licensed business agent; or
(b) a class 2 licensed business agent.
94 Dictionary, new definitions
insert
licensed land auctioneer means a person who holds a licence as a land auctioneer.
licensed property agent—
(a) for this Act generally—see section 7A; and
(b) for part 7 (Trust accounts—licensed property agents)—see section 101; and
(c) for division 8.2 (Freezing accounts—licensed property agents)—see section 131; and
(d) for division 10.2 (Claims against compensation fund)—see section 147.
95 Dictionary, definition of licensed real estate agent etc
substitute
licensed real estate agent means—
(a) a class 1 licensed real estate agent; or
(b) a class 2 licensed real estate agent.
licensed stock and station agent means—
(a) a class 1 licensed stock and station agent; or
(b) a class 2 licensed stock and station agent.
registered, in relation to an assistant property agent, for division 4.1 (Assistant property agents to be registered)—see section 44.
96 Dictionary, new definitions
insert
registered assistant business agent means a person registered under section 57 as an assistant business agent.
registered assistant property agent—
(a) for this Act generally, means—
(i) a registered assistant business agent; or
(ii) a registered assistant real estate agent; or
(iii) a registered assistant stock and station agent; and
(b) for division 4.4 (Occupational discipline—registered assistant property agents)—see section 64.
registered assistant real estate agent means a person registered under section 57 as an assistant real estate agent.
registered assistant stock and station agent means a person registered under section 57 as an assistant stock and station agent.
omit the definitions of
registered business salesperson
registered real estate salesperson
registered salesperson
registered stock and station salesperson
salesperson
98 Dictionary, definition of stock and station agent service
substitute
stock and station agent service—see section 9 (2).
99 Dictionary, definition of stop direction
omit
(Freezing accounts)
substitute
(Freezing accounts—licensed property agents)
100 Further amendments, mentions of salespeople
omit
salespeople
substitute
assistant property agents
in
• part 4 heading
• division 4.1 heading
• section 61 (4)
• division 4.4 heading
• sections 65, 66 and 67 headings
• part 5 heading
• section 178 (2) (d)
101 Further amendments, mentions of salesperson
omit
salesperson
substitute
assistant property agent
in
• section 51 (1) (d) and (j)
• section 58 (3) (a)
• section 60 (1)
• section 61 (1) and (3)
• section 62 (2)
• section 63
• sections 65 and 66
• section 67 (2)
• section 72 (1) (b)
• section 82, definition of obtains a beneficial interest
• section 87 (1) (a) and (c), (2) (a) (i) and (b)
• section 88 (2)
• section 89 (1)
• section 89A (2) and (3) and examples
• section 89B
• section 98
• section 171 (3)
• schedule 1, items 8 to 10
102 Further amendments, mentions of licensed
after
licensed
insert
property
in
• section 71 (3)
• section 72 heading
• section 72 (1) (1st mention)
• section 72 (3)
• section 75 (2) (1st mention)
• section 100
• section 102 (1) (a) (1st mention)
• section 102 (2)
• sections 105 to 108
• section 111
• section 113
• sections 115 to 122
• section 124 (3) and (4)
• section 149 (1)
• section 150 (1) and (3)
• section 153 (a)
• section 155 (3)
• section 159
103 Act, s 28, s 29 (1) and s 45 do not
apply in relation to owners corporation managing agent––Act, s 6
(l)
Section 5D (1)
omit
to only act
substitute
that is subject to the condition that the person act only
omit
Real estate salespeople
substitute
Assistant real estate agents
substitute
(b) the real estate agent’s licence is subject to the condition that the person act only as an owners corporation managing agent.
omit
substitute
7A Licence conditions—professional development—Act, s 34 (1) (a)
omit
licensee
substitute
licensed agent
omit
licensees
substitute
licensed agents
omit
111 Qualifications for registration as
salesperson—Act, s 50
Section 9
omit
112 Sections 10 and 10A headings
substitute
10 Information to be included in advertisement of intention to apply for registration—Act, s 52 (2) (b)
10A Registration conditions—professional development—Act, s 58 (1) (a)
substitute
Part 4 Conduct of licensed agents and registered assistant property agents
substitute
13 Class 1 licensed property agent to be in charge of business—exemptions—Act, s 71 (3)
(1) In deciding whether to exempt a person from the Act
, section 68A (Licensed agent in charge to have class 1 property agent licence), or amend or revoke an exemption, the commissioner for fair trading must consider the following matters:
(a) the reasons for the exemption;
(b) the period of the exemption;
(c) the person’s experience as a licensed property agent;
(d) fiduciary safeguards and office systems established, or to be established, to provide for accountability to the licensed property agent in charge;
(e) staffing and office management arrangements established, or to be established, at the place of business;
(f) the person’s record in relation to compliance with the Act or the repealed Act, including compliance with any condition of a licence or registration during the previous 5 years;
(g) employer references (if any) in relation to the person’s experience as a licensed property agent.
(2) In deciding whether to exempt a class 1 licensed property agent
from the
, section 69 (Property agent place of business to have class 1 licensed property agent in charge), or amend or revoke an exemption, the commissioner for fair trading must consider the following matters:
(a) the reasons for the exemption;
(b) the licensed property agent’s experience as a licensed property agent in charge at a place of business of a licensed property agent;
(c) the licensed property agent’s capacity to properly supervise the conduct of business at more than 1 place of business;
(d) office systems or arrangements established, or to be established, at each place of business;
(e) staffing and office management arrangements at each place of business;
(f) whether there is a centralised trust account for the deposit of trust money received in connection with the businesses for which the licensed property agent would be the licensed property agent in charge under the exemption;
(g) the licensed property agent’s record in relation to compliance with the Act or the repealed Act, including compliance with any condition of a licence or registration during the previous 5 years;
(h) employer references (if any) in relation to the licensed property agent’s experience as a licensed property agent in charge.
(3) In deciding whether to exempt a class 1 licensed property agent
from the
, section 70 (Class 1 licensed property agent to be in charge of 1 place of business), or amend or revoke an exemption, the commissioner for fair trading must consider the following matters:
(a) the reasons for the exemption;
(b) the licensed property agent’s experience as a licensed property agent in charge at a place of business of a licensed property agent;
(c) the licensed property agent’s capacity to properly supervise the conduct of business of more than 1 licensed property agent;
(d) fiduciary safeguards and office systems established, or to be established, to provide for accountability to the licensed property agent in charge;
(e) whether separate trust accounts are in place for the deposit of trust money received in connection with the business of each licensed property agent for whom the licensed property agent would act under the exemption;
(f) the licensed property agent’s record in relation to compliance with the Act or the repealed Act, including compliance with any condition of a licence or registration during the previous 5 years;
(g) employer references (if any) in relation to the licensed property agent’s experience as a licensed property agent in charge.
substitute
Part 6 Miscellaneous
17 Rules of conduct for licensed agents—Act, s 171 (1)
(1) Schedule 8 sets out the rules of conduct to be observed by licensed agents and registered assistant property agents.
(2) Schedule 8 applies as follows:
(a) part 8.2 applies to all licensed agents and registered assistant property agents (in addition to any other schedule applicable to a particular kind of licensed agent or registered assistant property agent);
(b) part 8.3 applies to licensed real estate agents and registered assistant real estate agents they employ;
(c) part 8.4 applies to licensed stock and station agents and registered assistant stock and station agents they employ;
(d) part 8.5 applies to licensed business agents and registered assistant business agents they employ.
18 Rules of conduct for licensed land auctioneers—Act, s 171 (1)
A licensed land auctioneer who advertises an auction must include the auctioneer’s name and licence number in the advertisement.
omit
substitute
8.1 Definitions—sch 8
In this schedule:
agent includes a registered assistant property agent.
property manager means—
(a) for part 8.2 (General rules applying to all licensed agents and registered assistant property agents)—a person employed by an agent in relation to the management of property to which division 8.3.3 or division 8.4.2 applies; and
(b) for division 8.3.3 (Property management—real estate agents)—a person employed by an agent in relation to the management of property to which the division applies; and
(c) for division 8.4.2 (Property management—stock and station agents)—a person employed by an agent in relation to the management of property to which the division applies.
registered assistant property agent includes a property manager.
118 Schedule 8, part 8.2 heading
substitute
Part 8.2 General rules applying to all licensed agents and registered assistant property agents
119 Knowledge of Act and other
laws
Schedule 8, section 8.2
omit
kind of licence or certificate of registration
substitute
kind and class of licence or kind of registration
omit
his or her
substitute
their
121 To act in accordance with client
authority
Schedule 8, section 8.9
omit
himself or herself
substitute
themself
122 Agency agreements must comply with
regulation
Schedule 8, new section 8.19 (2)
insert
(2) In this section:
agent does not include a registered assistant property agent.
Note A registered assistant property agent includes a property manager (see s 8.1).
123 Schedule 8, part 8.3 heading
substitute
Part 8.3 Rules specific to licensed real estate agents and registered assistant real estate agents
124 Schedule 8, part 8.4 heading
substitute
Part 8.4 Rules specific to licensed stock and station agents and registered assistant stock and station agents
125 Cooperation about records, access
and transfer
Schedule 8, section 8.53 (1)
omit
and agent
substitute
an agent
126 Schedule 8, part 8.5 heading
substitute
Part 8.5 Rules specific to licensed business agents and registered assistant business agents
127 Confirmation of specific
instructions
Schedule 8, new section 8.60 (3)
insert
(3) In this section:
agent does not include a registered assistant property agent.
Note A registered assistant property agent includes a property manager (see s 8.1).
omit
• agency agreement
• owners corporation managing agent
insert
• class 1 licensed property agent
• land auctioneer
• licensed agent
• licensed business agent
• licensed land auctioneer
• licensed real estate agent
• licensed stock and station agent
• registered assistant business agent
• registered assistant real estate agent
• registered assistant stock and station agent
130 Dictionary, new definition of agency agreement
insert
agency agreement—see the Act
, section 100 (1) (a).
131 Dictionary, definitions of ANTA and approved
omit
132 Dictionary, definition of business, paragraph (b)
substitute
(b) for schedule 8, part 8.5 (Rules specific to licensed business agents and registered assistant business agents)—see schedule 8, section 8.57.
133 Dictionary, new definitions
insert
owners corporation managing agent—see the Act
, section 109A (3).
registered assistant property agent—
(a) for this regulation generally—see the Act
, dictionary; and
(b) for schedule 8 (Rules of conduct)—see schedule 8, section 8.1.
omit the definitions of
registered salesperson
registered training organisation
statement of attainment
unqualified real estate salesperson
Part 4 Gaming Machine Act 2004
135 Eligibility of
individuals
Section 6 (2) (d) (iii) and (iv)
omit
substitute
7 Eligibility of corporations
(1) For this Act, a corporation is an eligible person if—
(a) each influential person of the corporation is an eligible person; and
(b) if the corporation is a club—it is an eligible club; and
(c) there is not a disqualifying ground in relation to the corporation.
(2) Each of the following is a disqualifying ground for a corporation:
(a) the corporation is, or at any time in the last 3 years has been, the subject of a winding-up order;
(b) at any time in the last 3 years a controller or administrator has been appointed for the corporation;
(c) the corporation is the subject of an auditor’s opinion that it is not able to pay all of its debts as and when they become due and payable;
(d) the corporation is the subject of an auditor’s adverse opinion or disclaimer of opinion, within the meaning of Auditing Standard ASA 705;
(e) at any time in the last 12 months the corporation had—
(i) an application for approval as a supplier refused, on the basis that the corporation provided false or misleading information, under section 72 (Application and approval of corporation as supplier); or
(ii) approval as a supplier cancelled under section 73A (Cancellation etc of supplier’s approval).
(3) Despite subsection (2), the commission may decide that the corporation is an eligible person even though there is a disqualifying ground in relation to the corporation if satisfied that—
(a) the operation of gaming machines by the corporation would not adversely affect the public; and
(b) it is otherwise in the public interest that the corporation be treated as an eligible person.
(4) In this section:
AUASB—see the Australian Securities and Investments Commission Act 2001
(Cwlth), section 5.
Auditing Standard ASA 705 means Auditing Standard ASA 705 Modifications to the Opinion in the Independent Auditor’s Report made by the AUASB under the Corporations Act
, section 336 (1) (Auditing standards).
Note The standard is accessible at www.legislation.gov.au
.
137 Computer cabinet access
register
Section 71 (2)
substitute
(2) If an approved technician or other person authorised in writing by the commission opens or replaces the computer cabinet in a gaming machine on authorised premises, the technician or other person must enter the access details in the computer cabinet access register.
(3) If an authorised officer opens the computer cabinet in a gaming machine on authorised premises, the authorised officer must enter the access details in the computer cabinet access register.
(4) In this section:
access details means the following details:
(a) information that clearly identifies the gaming machine, including the machine’s serial number;
(b) the date when the computer cabinet was opened or replaced;
(c) a description of why the computer cabinet was opened or replaced;
(d) the new computer cabinet seal number that was applied;
(e) the name and signature of the approved technician, other person or authorised officer;
(f) the name and signature of the licensee;
(g) any other information prescribed by regulation.
substitute
71A Offence—supply gaming machine etc without supplier approval
A person commits an offence if the person—
(a) supplies any of the following to another person:
(i) a gaming machine;
(ii) peripheral equipment for a gaming machine;
(iii) a system (including a CMS) designed for use with a gaming machine; and
(b) is not an approved supplier.
Maximum penalty: 100 penalty units.
72 Application and approval of corporation as supplier
(1) A corporation may apply, in writing, for approval as a supplier.
(2) The commission may approve the corporation as a supplier (an approved supplier) if satisfied that—
(a) the corporation intends to supply, install or maintain any of the following:
(i) a gaming machine;
(ii) peripheral equipment for a gaming machine;
(iii) a system (including a CMS) designed for use with a gaming machine; and
(b) each influential person for the corporation is an eligible person; and
(c) the corporation has not, in the last 12 months, provided false or misleading information in an application under subsection (1); and
(d) the corporation satisfies any other requirement prescribed by regulation.
(3) If the commission approves a corporation as a supplier, the commission must give the corporation a certificate stating that the corporation is an approved supplier.
139 Giving copy of certificate about
approved supplier
Section 73 (1)
omit
person
substitute
corporation
omit
to supplier
substitute
to the supplier
141 Cancellation etc of
supplier’s approval
Section 73A (1)
substitute
(1) This section applies if the commission—
(a) stops being satisfied that an approved supplier meets the conditions for approval stated in section 72 (2); or
(b) is satisfied that an approved supplier has contravened this Act.
142 Application for approval as
technician
Section 74 (1) and notes
substitute
(1) An individual may apply, in writing, for approval as a technician for 1 or more approved suppliers.
omit
substitute
(d) a recent passport-size photograph of the applicant.
145 Approval of
technicians
Section 75 (1)
before
suppliers
insert
approved
substitute
(c) the applicant is employed, or will be employed, by each supplier.
omit
a supplier
substitute
an approved supplier
omit
substitute
78 Transfer etc of technician’s approval
(1) An approved technician may apply, in writing, to the commission—
(a) for approval as a technician for another approved supplier (the new supplier); or
(b) to transfer their approval as a technician from 1 approved supplier to another approved supplier (the new supplier).
(2) The application must be accompanied by a written statement by the new supplier stating that the supplier employs, or has offered to employ, the applicant as a technician.
(3) The commission may—
(a) for an application under subsection (1) (a)—approve the technician for the new supplier; or
(b) for an application under subsection (1) (b)—transfer the approval of the technician to the new supplier.
150 Cancellation etc of
technician’s approval
Section 79 (1) (a)
before
supplier
insert
approved
omit
is not an approved supplier and
152 Section 79 (6), definition of approved supplier
substitute
approved supplier does not include an approved supplier whose approval is suspended.
153 Giving copy of certificate about
approved technician or identity card
Section 81 (1)
substitute
(1) This section applies if—
(a) an approved supplier tells the commission, in writing, about the loss, theft or destruction of a certificate given to the supplier under section 80 (2) (a); or
(b) an approved technician tells the commission, in writing, about the loss, theft or destruction of an identity card given to the technician under section 80 (2) (b).
omit
person
substitute
supplier or technician
substitute
82 Approved supplier to notify commission if technician no longer employed
(1) An approved supplier commits an offence if the supplier—
(a) stops employing an approved technician; and
(b) does not tell the commission, in writing, within 1 week after the day the supplier stops employing the technician.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
156 Renewal of technician’s
approval
Section 84 (1) and note
substitute
(1) An approved technician may apply to the commission for renewal of their approval not later than 1 month, and not earlier than 3 months, before the approval expires.
157 Approval for
repossession—application
Section 107 (1)
omit
a supplier
substitute
an approved supplier
158 Conditions on approval to repossess
gaming machine
Section 109 (1)
omit
person given the approval
substitute
approved repossessor
159 Repossessed gaming
machines—amendment of authorisation schedule
Section 109A
(1)
omit
a person enforcing a financial agreement or a supplier
substitute
an approved repossessor
omit
person
substitute
approved repossessor
161 Contravention of repossession
approval conditions
Section 110 (1)
substitute
(1) An approved repossessor must not contravene a requirement of a condition on the approval.
Maximum penalty: 50 penalty units.
omit
person
substitute
approved repossessor
substitute
121 Offence to install gaming machines etc
(1) A person commits an offence if the person—
(a) installs any of the following on authorised premises:
(i) a gaming machine;
(ii) peripheral equipment for a gaming machine;
(iii) a system (including a CMS) designed for use with a gaming machine; and
(b) is not an approved technician.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
164 Operation to be subject to correct
percentage payout
Section 125 (1) (a)
omit
approved supplier or
substitute
127 Offences—maximum stake amount
(1) An approved supplier commits an offence if the supplier—
(a) supplies a gaming machine; and
(b) intentionally sets the stake amount for the gaming machine higher than the amount prescribed by regulation under section 49 (Maximum stake amount).
Maximum penalty: 50 penalty units.
(2) An approved technician commits an offence if the technician—
(a) installs a gaming machine; and
(b) intentionally sets the stake amount for the gaming machine higher than the amount prescribed by regulation under section 49.
Maximum penalty: 50 penalty units.
substitute
128 Maintaining gaming machines etc on authorised premises
(1) A person commits an offence if the person—
(a) maintains any of the following on authorised premises:
(i) a gaming machine;
(ii) peripheral equipment for a gaming machine;
(iii) a system (including a CMS) designed for use with a gaming machine; and
(b) is not an approved technician.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
167 Interference with gaming
machines
Section 129 (5)
substitute
(5) Subsection (1) does not apply in relation to anything done honestly for the maintenance of a gaming machine by—
(a) an approved technician; or
(b) an authorised officer; or
(c) someone else authorised in writing by the commission.
Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code
, s 58).
168 Opening computer
cabinets
Section 130 (1) (b)
substitute
(b) is not—
(i) an approved technician; or
(ii) an authorised officer; or
(iii) someone else authorised in writing by the commission.
169 Reviewable
decisions
Schedule 1, items 22 to 24, column 4
omit
supplier
substitute
approved supplier
170 Schedule 1, items 27 to 29, column 4
omit
technician
substitute
approved technician
171 Dictionary, definition of approved supplier
substitute
approved supplier—see section 72 (Application and
approval of corporation as supplier).
Part 5 Gaming Machine Regulation 2004
172 CMS Access
Section 26 (2)
(a)
omit
173 Link equipment in single-user
approvals
Section 51 (2) and (3)
substitute
(2) If the link equipment malfunctions, the licensee of the premises must, as soon as practicable, take reasonable steps to arrange for the repair of the equipment by—
(a) an approved technician; or
(b) an authorised officer; or
(c) someone else authorised in writing by the commission.
174 Link equipment
Section 61
(2)
substitute
(2) If link equipment on authorised premises malfunctions, the permit-holder must, as soon as practicable, take reasonable steps to arrange for the repair of the equipment by—
(a) an approved technician; or
(b) an authorised officer; or
(c) someone else authorised in writing by the commission.
omit
omit
• approved supplier
Part 6 Race and Sports Bookmaking Act 2001
177 Offences against
Act—application of Criminal Code etc
Section 4A,
note 1
insert
• s 19 (Engage in sports bookmaking without licence)
substitute
19 Engage in sports bookmaking without licence
(1) A person commits an offence if the person engages in sports bookmaking.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) Subsection (1) does not apply if the person—
(a) is a sports bookmaker; or
(b) is acting in the course of the person’s duties as a director, officer or employee of a sports bookmaker; or
(c) is a sports bookmaker’s agent acting for the sports bookmaker who applied for their licence.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 58).
(3) For subsection (1), a race bookmaker does not engage in sports bookmaking only because the race bookmaker receives or negotiates bets on, or in relation to, sports betting events that are races.
179 Maximum number of sports bookmaking
licences etc
Section 24 (1)
substitute
(1) The Minister may, in writing, determine the maximum number of sports bookmaking licences that may be issued by the commission.
substitute
25 Application for sports bookmaking licence
(1) A corporation may apply to the commission for a sports bookmaking licence.
(2) The application must—
(a) be in writing; and
(b) state the name and business address of the corporation; and
(c) state the period for which the licence is sought; and
(d) include a suitability authorisation for each director of the corporation; and
(e) if required under subsection (3)—include a suitability authorisation for any influential shareholder of the corporation; and
(f) be approved by each director of the corporation; and
(g) include anything else prescribed by regulation.
(3) The commission may, in writing, require the corporation to provide a suitability authorisation for an influential shareholder of the corporation.
(4) The commission must not decide the application until the commission has received and considered a police report about the corporation’s directors and any influential shareholder for whom a suitability authorisation has been required under subsection (3).
(5) In this section:
suitability authorisation, for a person, means a written authorisation by the person authorising a police officer to make inquiries, and make a written report to the commission, about the character, and any criminal record, of the person.
181 Issue or refusal of sports
bookmaking licence
Section 26 (1) and (2)
substitute
(1) This section applies if the commission receives a licence application from a corporation under section 25.
(2) The commission must issue a sports bookmaking licence to the corporation if satisfied that the corporation and each director of the corporation meets the suitability requirements.
Note Suitability requirements—see s 92.
omit
in relation to
substitute
of
omit
anyone mentioned in subsection (2) in relation to the application
substitute
the corporation or a director of the corporation
omit
personally or
185 Conditions of sports bookmaking
licence
Section 27 (2)
omit
the holder of a sports bookmaking licence
substitute
a sports bookmaker
186 Sports bookmaking
licence—entry of particulars in register
Section 28
omit
person
substitute
corporation
187 Surrender of sports bookmaking
licence
Section 31 (1)
omit
The holder of a sports bookmaking licence may surrender the licence
substitute
A sports bookmaker may surrender their licence
omit
189 Effect of cancellation, surrender
or suspension of sports bookmaking licence on agent licence
Section 40
(1) and (2)
omit
holder of the sports bookmaking licence
substitute
sports bookmaker
substitute
(b) if practicable, the sports bookmaker or former sports bookmaker.
substitute
45 Cancellation of licence on death of licensee or dissolution etc of corporation
omit
193 How disputes about bets may be
resolved
Section 55 (1)
omit
(the bookmaker)
before
bookmaker
insert
race
195 Mandatory cancellation of
licence
Section 68 (5) and note
substitute
(5) If the licensee holds a sports bookmaking licence, the following criteria apply to the licensee:
(a) the corporation, any director of the corporation, or any influential shareholder of the corporation, does not meet the suitability requirements;
(b) the corporation, or any director of the corporation, has engaged in a prohibited act;
(c) the licensee has not paid a fee payable under this Act in relation to the licence within the period it is required to be paid.
Note For prohibited act for this subsection, see s (7).
196 Discretionary
penalties
Section 69 (4) and note
substitute
(4) However, the criterion mentioned in subsection (3) (f) does not apply to a sports bookmaking licence.
Note For a sports bookmaking licence, see s (6) (b).
substitute
(6) If the licensee holds a sports bookmaking licence, the following criteria also apply:
(a) the licensee has failed to give to the commission a suitability authorisation required under section 80 (5), (6) or (7) (Sports bookmaker to tell commission about certain changes);
(b) the corporation, any director of the corporation, or any influential shareholder of the corporation, has contravened a provision of this Act or a corresponding law, if contravention of the provision is not an offence.
198 Unsigned licences—race
bookmakers and race bookmaker’s agents
Section 74
omit
his or her
substitute
their
substitute
80 Sports bookmaker to tell commission about certain changes
substitute
(a) the name or business address of the sports bookmaker;
(b) the directors of the sports bookmaker;
(c) the name or business address of any director, or the secretary, of the sports bookmaker;
(d) if the sports bookmaker is a proprietary company—the people who are influential shareholders of the sports bookmaker;
(e) if another corporation is an influential shareholder of the sports bookmaker—the directors, or the people who are influential shareholders, of the other corporation.
substitute
(3) After receiving a notice under subsection (1), the commission may, in writing, require the sports bookmaker to give to the commission, within 14 days or any longer period allowed by the commission, further information in writing about—
(a) the directors, or any stated director, of the sports bookmaker; or
(b) the secretary of the sports bookmaker; or
(c) any stated shareholder who is an influential shareholder of the sports bookmaker.
substitute
(5) A notice under subsection (1) stating that a person has become a director of the sports bookmaker must include a suitability authorisation for the director.
(6) If a sports bookmaker gives the commission a notice under subsection (1) stating that a person has become an influential shareholder of the sports bookmaker, the commission may, in writing, require the sports bookmaker to provide a suitability authorisation for the influential shareholder.
(7) If a sports bookmaker gives the commission a notice under subsection (1) stating that another corporation (the incoming corporation) has become an influential shareholder of the sports bookmaker, the commission may, in writing, require the sports bookmaker to provide a suitability authorisation for each director of the incoming corporation.
(8) In this section:
suitability authorisation, for a person, means a written authorisation by the person authorising a police officer to make inquiries, and make a written report to the commission, about the character, and any criminal record, of the person.
203 Evidence of
licences
Section 85 (1) (b)
substitute
(b) a stated person was, or was not—
(i) a director of a sports bookmaker; or
(ii) the secretary of a sports bookmaker; or
(iii) an influential shareholder of a sports bookmaker.
204 Application of this Act if licence
is held by syndicate
Section 86
omit
205 Meaning of suitability
requirements and security guarantee
Section 92 (1)
(i)
omit
holder of a sports bookmaking licence
substitute
sports bookmaker
substitute
(2) For subsection (1), each of the following people is a relevant person:
(a) an applicant for a sports bookmaking licence, and any director or influential shareholder of the applicant;
(b) a sports bookmaker, and any director or influential shareholder of the sports bookmaker;
(c) a person nominated in an application for a sports bookmaker’s agent licence;
(d) a sports bookmaker’s agent.
(3) A security guarantee, for the suitability requirements applying to a corporation that applies for, or holds, a sports bookmaking licence, means 1 or more documents that satisfy the commission about the corporation’s ability to cover the corporation’s sports bookmaking losses to the amount applying to the corporation under a determination under section 90.
207 Internally reviewable
decisions
Schedule 1, item 32, column 2
omit
68 (7)
substitute
68 (8)
insert
• person (see s 160)
209 Dictionary, definitions of licensee and person
omit
210 Dictionary, definition of security guarantee, paragraph (b)
omit
person who
substitute
corporation that
211 Dictionary, definition of sports bookmaker
substitute
sports bookmaker means a corporation that holds a sports bookmaking licence.
212 Dictionary, new definition of sports bookmaker’s agent
insert
sports bookmaker’s agent means a person who holds a
sports bookmaker’s agent licence.
Part 7 Race and Sports Bookmaking Regulation 2001
substitute
2 Prescribed particulars for register—Act, s 9 (a)
(1) If the commission issues a race bookmaking licence to a person, the commission must enter the following particulars in the register:
(a) the name and address of the person;
(b) the licence number;
(c) the date the licence was issued;
(d) the period for which the licence was issued;
(e) any conditions imposed on the licence.
(2) If the commission suspends or cancels a race bookmaking licence, the commission must enter details of the suspension (including the period of suspension) or cancellation in the register.
3 Prescribed particulars for register—Act, s 28 (a)
(1) If the commission issues a sports bookmaking licence to a corporation, the commission must enter the following particulars in the register:
(a) the name and business address of the corporation;
(b) the licence number;
(c) the date the licence was issued;
(d) the period for which the licence was issued;
(e) any conditions imposed on the licence.
(2) If the commission suspends or cancels a sports bookmaking licence, the commission must enter details of the suspension (including the period of suspension) or cancellation in the register.
214 Corresponding laws—Act,
s 92 (1) (d)
Section 7 (b)
substitute
(b) Betting and Racing Act 1998
(NSW);
substitute
(j) Racing and Betting Act 1983
(NT).
Part 8 Retirement Villages Act 2012
216 Annual management
meeting—chair
Section 109 (2), except note
substitute
(2) If the operator or representative is required to leave any part of the meeting under section 113 (4), that part of the meeting must be chaired by a resident agreed to by the residents at the meeting.
217 Meetings of residents
New
section 112 (1A)
insert
(1A) A meeting of residents of a retirement village (other than an annual management meeting) must be chaired by a resident agreed to by the residents at the meeting.
218 Attendance at meetings of
residents
Section 113 (4)
substitute
(4) An operator or representative who is attending a meeting of the residents (with the residents’ consent), or attending an annual management meeting of the village, must leave the meeting during any vote that is taken by the residents at the meeting, but may return to the meeting after the vote.
219 Certain limitations on
proxies
Section 117 (1)
omit
(the appointor)
220 Method of voting
Schedule
1, section 1.3 (1)
omit
including
substitute
other than
221 Result of vote
Schedule
1, section 1.4 (2)
omit
subsection (1)
substitute
subsection (1) (b)
substitute
1.5 Written ballot required for special resolution
A vote in relation to a measure or action that requires a special resolution must be taken by means of a written ballot conducted in the way prescribed by regulation.
223 How special resolution is
carried
Schedule 1, section 1.6
before
ballot
insert
written
Part 9 Retirement Villages Regulation 2013
224 Appointment of proxies—Act, s
116 (2)
Section 23
omit
chairperson
substitute
chair
substitute
Part 11 Consent of residents
59 Conduct of written ballots generally—Act, sch 1, s 1.3 (1) (b)
A written ballot must be conducted in accordance with schedule 4, part 4.2 (Conducting a written ballot).
60 When written ballot required—Act, sch 1, s 1.3 (2)
(1) The residents of a retirement village may decide, by a show of hands at any meeting at which a particular measure or action is discussed, whether the vote on the measure or action is to be taken by a written ballot.
(2) If 50% or more of the residents present at the meeting decide that the vote is to be taken by a written ballot, the vote must be taken by a written ballot.
Note A written ballot is also required if a measure or action requires a special resolution (see Act
, sch 1, s 1.5).
60A Conduct of written ballots for special resolutions—Act, sch 1, s 1.5
A written ballot in relation to a measure or action requiring a special resolution must be conducted in accordance with schedule 4—
(a) part 4.2 (Conducting a written ballot); and
(b) part 4.3 (Additional requirements for special resolution).
substitute
4.2 Application—pt 4.2
This part applies if a written ballot is required at a meeting of residents of a retirement village.
Note A written ballot may be required under s 60 and is required for a special resolution (see Act
, sch 1, s 1.5).
227 Election of returning
officer
Schedule 4, section 4.3 (1) and (2)
substitute
(1) The residents of a retirement village must elect a returning officer for a written ballot by a show of hands at a meeting of the residents.
228 Conduct of written
ballot
Schedule 4, section 4.4 (1) and (2)
substitute
(1) The returning officer for a written ballot must prepare enough ballot papers so that a ballot paper can be given to each qualified voter.
229 Schedule 4, part 4.3 heading
substitute
Part 4.3 Additional requirements for special resolution
230 Special
resolution—notice
Schedule 4, section 4.8 (1)
omit
an action or measure
substitute
a measure or action
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 ACT Civil and Administrative Tribunal Regulation 2009
[1.1] Section 9 (1) (a) and (b)
omit
salespeople
substitute
assistant property agents
omit
salesperson
substitute
assistant property agent
[1.3] Section 9 (4), definition of registered salesperson
substitute
registered assistant property agent—see the Agents Act
, dictionary.
Part 1.2 Civil Law (Sale of Residential Property) Act 2003
[1.4] Dictionary, definition of agent, paragraph (b)
omit
a real estate salesperson
substitute
an assistant real estate agent
Part 1.3 Fair Trading (Australian Consumer Law) Act 1992
substitute
(d) the person is a licensed property agent who has contravened, or appears
to have contravened, the
, part 7 (Trust accounts—licensed property agents).
[1.6] Section 44 (5), new definition of licensed property agent
insert
licensed property agent—see the Agents Act 2003
, section 7A.
Part 1.4 Legal Profession Act 2006
omit
salesperson
substitute
assistant property agent
Part 1.5 Magistrates Court (Agents Infringement Notices) Regulation 2003
insert
3A
|
21 (1) (b) (i)
|
100
|
1000
|
[1.9] Schedule 1, items 5 to 8
substitute
5
|
68A (1)
|
50
|
500
|
6
|
69 (1)
|
50
|
500
|
7
|
69 (2)
|
50
|
500
|
8
|
69 (3)
|
50
|
500
|
8A
|
70 (1)
|
50
|
500
|
8B
|
70 (2)
|
50
|
500
|
[1.10] Schedule 1, new item 10A
insert
10A
|
75A (1)
|
100
|
1000
|
[1.11] Schedule 1, new item 14A
insert
14A
|
107A (1)
|
100
|
500
|
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 7 April 2022.
2 Notification
Notified under the
on 2022.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2022
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