Part 4 Real estate salespersons, stock and station salespersons, business salespersons and trainee managing agents
In this Part:business salesperson means a person (other than the holder of a business agent’s licence) who:
(a) for or on behalf of a business agent, induces or attempts to induce or negotiates with a view to inducing any person to sell, buy, exchange or otherwise deal with or dispose of:• any business or professional practice, or• any share or interest in or concerning the goodwill of, or any stocks connected with, any business or professional practice, or(b) for or on behalf of a business agent and otherwise than at a place at which that business agent carries on business, collects instalments of principal or interest payable:• under a bill of sale given in respect of a business or professional practice, or• under a contract for the sale on terms of a business or professional practice.real estate salesperson means a person (other than the holder of a real estate agent’s licence) who, as an employee of a real estate agent or a corporation that employs a real estate agent (the employer):
(a) induces or attempts to induce or negotiates with a view to inducing any person:• to buy, sell, exchange, lease, assign or otherwise dispose of any land, or• to make an offer to buy, sell, exchange, lease, assign or otherwise dispose of any land, or• to accept an offer to buy, sell, exchange, lease, assign or otherwise dispose of any land, or• to enter into a contract for the buying, selling, exchanging, leasing, assigning or other disposal of land, or(b) elsewhere than at a place of business of the employer:• collects rent payable in respect of any lease of land, or• collects instalments of principal or interest payable under a mortgage of land or under a contract for the sale on terms of land, or• collects amounts payable to a company by a person whose shares in the company entitle their holder to the possession of premises, or(c) for or on behalf of the employer, introduces or arranges for the introduction of prospective buyers, sellers, lessees or licensees of premises to a real estate agent or stock and station agent or to the owner, or to an agent of the owner, of the premises, or(d) for or on behalf of the employer, arranges for the erection of buildings for any other person,except where the land concerned is used for agricultural or pastoral purposes and has an area of more than 2.5 hectares.registered means registered under this Part.
stock and station salesperson means a person (other than the holder of a stock and station agent’s licence) who, as an employee of a stock and station agent or a corporation that employs a stock and station agent (the employer):
(a) does (where the land concerned consists of land used for agricultural or pastoral purposes) any one or more of the things referred to in paragraph (a)–(d) of the definition of real estate salesperson, or(b) induces or attempts to induce or negotiates with a view to inducing any person:• to buy, sell or otherwise dispose of any livestock, or• to make an offer to buy, sell or otherwise dispose of any livestock, or• to accept an offer to buy, sell or otherwise dispose of any livestock, or• to enter into a contract for the purchase, sale or other disposal of livestock, or(c) arranges for the provision of agistment for livestock, or(d) elsewhere than at a place of business of the employer, collects fees for the agistment of livestock.trainee community managing agent means a person (other than a community managing agent holding a strata managing agent’s licence) who, as an employee of a community managing agent or a corporation that employs a community managing agent, exercises or performs any of the functions of a community managing agent.
trainee on-site residential property manager means a person (other than the holder of an on-site residential property manager’s licence or the holder of a real estate agent’s licence) who, as an employee of an on-site residential property manager or a corporation that employs an on-site residential property manager, exercises or performs any of the functions of an on-site residential property manager.
trainee strata managing agent means a person (other than the holder of a strata managing agent’s licence) who, as an employee of a strata managing agent or a corporation that employs a strata managing agent, exercises or performs any of the functions of a strata managing agent.
51A–55(Repealed)
Division 3 Real estate salespersons, stock and station salespersons, business salespersons and trainee managing agents
56 Persons required to be registered
(1) A person must not, unless the holder of a certificate of registration issued to the person:(a) be or remain as a real estate salesperson, stock and station salesperson, business salesperson or trainee managing agent in the employment of a person licensed (or required to be licensed) under this Act, or(b) represent, whether expressly or impliedly, that the person is a real estate salesperson, stock and station salesperson, business salesperson or trainee managing agent in the employment of a person licensed (or required to be licensed) under this Act, or(c) act as or exercise or perform any of the functions of a real estate salesperson, stock and station salesperson, business salesperson or trainee managing agent.(1A) A person who is the holder of a certificate of registration must not act as or exercise or perform any of the functions of a real estate salesperson, stock and station salesperson, business salesperson or trainee managing agent unless the person does so as an employee of the holder of a licence under this Act.(1B) A real estate salesperson, stock and station salesperson, business salesperson or trainee managing agent must not exercise or perform any of the functions of a real estate salesperson, stock and station salesperson, business salesperson or trainee managing agent unless he or she does so under the supervision of a person:(a) who is the licensee in charge of the place of business at which the employee is employed, and(b) who is the holder of a licence that allows the licensee to exercise or perform that function without contravening this Act.(1C) Nothing in this section requires an employed licensee to hold both a certificate of registration and a licence to allow the licensee lawfully to do anything that, in the absence of this section, the licensee could lawfully do as the holder of the licence.(2) Any person who commits any contravention of or fails to comply with any of the provisions of this section shall be guilty of an offence against this Act.
(1) An application for registration or renewal of registration under this Act is to be made in a form approved by the Director-General.(2) The application shall:(a) contain such particulars as may be required to complete the approved form, and(b) state the name of the licensee in charge of the place of business at which the applicant intends to be employed and the classes of the licences held by that licensee, and(c) be lodged with the Director-General, and(d) be accompanied by the fees referred to in subsection (6).(3) Upon receipt of an application for registration (not being a prescribed application or an application for renewal of registration), the Director-General shall forward particulars of the application to the reviewing officer.(4) The Director-General may, in the case of an application for registration or renewal of registration, inquire into, and the reviewing officer, upon receipt of such particulars, shall, in the case of an application for registration (not being a prescribed application or an application for renewal of registration), inquire into and report upon, the fame and character of the applicant.(4A) Where an application is made by any person for registration or renewal of registration, the Director-General shall:(a) if the Director-General is satisfied that the applicant is not precluded by reason of any other provision of this Act (other than subsection (5) (b)) from being granted registration or renewal of registration, and(b) where the application is for the renewal of registration, if the renewal of registration is not granted on or before the date of expiry of the registration,(c) in the case of an applicant who is precluded from being granted registration by reason only of subsection (5) (b)—if the Director-General is satisfied that the applicant will have obtained the qualification referred to in that subsection within 6 months of the application,issue to the applicant a provisional certificate of registration.(4B) A provisional certificate of registration issued under subsection (4A):(a) shall take effect, where the application was for registration—on and from the date on which the certificate was issued, and(b) shall take effect or be deemed to have taken effect, where the application was for renewal of registration—on and from the date of expiry of the certificate of registration in respect of which the application for renewal was made.(4C) Subject to subsection (4CA), where a provisional certificate of registration is issued under subsection (4A), the holder of the certificate shall, for all purposes of this Act, be deemed to be and, where the provisional certificate was issued on an application for renewal of registration and was issued after the expiry of the certificate of registration in respect of which the application for renewal was made, to have been, as from the date of expiry of the certificate, the holder of the certificate of registration specified in the application until such time as a certificate of registration or renewal of a certificate of registration is issued to him or her pursuant to this section or until the application is refused or withdrawn or until the expiration of three months after the date on which the provisional certificate took effect, whichever first occurs.(4CA)(a) Subject to paragraph (d), where:(i) a provisional certificate of registration (in this subsection referred to as the firstmentioned certificate) has been issued under subsection (4A), or under this subsection, to an applicant for registration or renewal of registration,(ii) a certificate of registration or renewal of registration has not been granted in pursuance of the application, and(iii) the application has not been refused or withdrawn,the Director-General may issue to the applicant a further provisional certificate of registration (in this subsection referred to as the lastmentioned certificate).(b) The lastmentioned certificate shall take effect or be deemed to have taken effect on and from the expiration of three months after the firstmentioned certificate took effect.(c) Subject to this subsection, the holder of the lastmentioned certificate shall, for all purposes of this Act, be deemed to be, and, where the certificate was issued after the expiration of the period of three months after the firstmentioned certificate took effect, to have been, as from the expiration of that period, the holder of the certificate of registration specified in the application until such time as a certificate of registration or renewal of a certificate of registration is issued to him or her pursuant to this section or until the application is refused or withdrawn or until the expiration of three months after the date on which the lastmentioned certificate took effect, whichever first occurs.(d) One or more, but not more than three, provisional certificates of registration may be issued under this subsection in relation to one application.(4D) If a certificate of registration or a renewal of a certificate of registration is so issued to a person to whom a provisional certificate has been issued under subsection (4A) that certificate or renewal shall take effect as from the date upon which the provisional certificate took effect.(4E) Upon the refusal or withdrawal of an application for registration or renewal of registration, there shall be refunded to the applicant or to any other person who appears to the Director-General to be entitled thereto, the prescribed fees paid by the applicant, reduced by such amount as bears to those prescribed fees the same proportion as the period in months (disregarding any fraction of a month) for which the provisional certificate of registration issued under subsection (4A) in relation to the application and any provisional certificates of registration issued under subsection (4CA) in relation thereto had effect bears to twelve months.(4F)(a) A member of the police force, with the approval in writing of the reviewing officer, may object to the grant of an application for registration (not being a prescribed application or an application for renewal of registration), or the Director-General may object to the grant of an application for registration or renewal of registration and, where he or she does so, a statement setting out the nature of the objection proposed to be made shall be lodged by the Director-General or by that member of the police force, as the case may be, with the registrar of the Local Court having jurisdiction under subsection (8) of section 3.(b) A copy of a statement so lodged by a member of the police force shall be included in any report furnished pursuant to subsection (4).(4G) Where no objection to the grant of the application for registration has been made pursuant to subsection (4F), the Director-General shall issue the certificate of registration.(5) Despite any other provision of this section, a certificate of registration is not to be issued to an applicant who has not previously held a certificate of registration unless:(a) the applicant is over the age of 16 years, and(b) the applicant has obtained an educational qualification that is approved for the time being by the Minister for applicants of the class to which the applicant belongs.(6) Each applicant for registration shall lodge with the application:(a) the prescribed application fee.(b) (Repealed)(7) Where a member of the police force or the Director-General objects pursuant to subsection (4F) to the grant of the application:(a) the registrar of the court shall notify the applicant that the grant of the application will be objected to, and shall set out shortly in the notice the nature of the objection proposed to be made,(b) the application shall be heard and determined by the court,(c) such hearing shall not take place until after the expiration of seven days after the lodging of the application,(d) the hearing of the application shall be in open court and the consideration of the application shall be deemed to be a judicial proceeding,(e) where the Director-General has objected to the grant of the application, the Director-General may appear at the hearing personally or by any police officer or officer of the Department or by barrister or solicitor.Upon determination of the application the registrar of the court shall forthwith notify the decision of the court to the Director-General.
If the court grants the application, the Director-General shall, upon receipt of the notification, issue to the applicant a certificate of registration.
(8) A certificate of registration shall not be issued to an applicant who is not of good fame and character nor otherwise a fit and proper person to hold a certificate of registration.(9)(a) Subject to this Act a certificate of registration shall be in force for a period of twelve months from the date of its issue.(b) Subject to this Act, a certificate of registration may be renewed and on each renewal shall be in force for a further period of twelve months.(b1) (Repealed)(c) Every applicant for the renewal of a certificate of registration must lodge with the application:(i) the prescribed application fee.(ii) (Repealed)(d) The holder of a certificate of registration under this Part who desires to surrender the certificate may by instrument in writing notify the Director-General that the holder so desires and may deliver the certificate to the Director-General.The Director-General shall, upon receipt of the notification and certificate, endorse on the certificate the word “surrendered” and record in the register kept by the Director-General under section 58 the fact that the certificate has been surrendered.
(10) (Repealed)(11) A certificate of registration shall not be issued if the application therefor contains any matter that is false or misleading in a material particular.(12) The Director-General may, upon application made to the Director-General and accompanied by the prescribed fee, issue a duplicate certificate of registration in the place of a certificate of registration that has been lost, destroyed or damaged.(13) In this section, prescribed application means an application for a certificate of registration (not being an application for renewal of registration) that is made by a person to whom has been issued, and who is the holder of, a certificate of registration (not being a provisional certificate of registration).
58 Register to be kept by Director-General
(1) (Repealed)(2) The Director-General shall keep a register of all certificates of registration, which shall be available for perusal by any member of the public upon payment of the prescribed fee.
58A Registration of supervising licensees
(1) The Director-General is to keep a register of the licensees in charge of the places of business at which holders of certificates of registration are or have been employed and of the class of each licence held by each of those licensees.(2) The register is to be compiled from information supplied by licensees, applicants for registration and holders of certificates of registration.(3) The holder of a certificate of registration is required to give the Director-General written notice of any change in the particulars last provided to the Director-General by the holder about the place of business at which the holder is employed for the time being. The notice should be given within 14 days of the change occurring.(4) When assessing the experience and capability of an applicant for a licence for the purposes of section 23 (10A) (c), the Director-General is entitled to rely on information obtained from the register.
59 Registered employer and registered address
(1) Every holder of a certificate of registration under this Part shall have a registered employer and a registered address in New South Wales.(2) The registered employer and the registered address of a holder of a certificate of registration under this Part shall be specified in the certificate of registration.(3) The employer specified in the application for registration as being the employer by whom the applicant is, or is to be, employed shall, upon the grant of registration (whether provisional or otherwise), be specified in the certificate of registration granted on the application as the registered employer of the holder of that certificate.(4) The address of the registered office of the registered employer by whom or by which the holder of a certificate of registration is, or is to be, employed shall, upon the grant of registration (whether provisional or otherwise), be specified in the certificate of registration granted on the application as the registered address of the holder of that certificate.(5) The Director-General shall, upon application made by the holder of a certificate of registration under this Part and upon payment of the prescribed fee, vary the certificate of registration:(a) by substituting for the name of the registered employer specified therein the name of some other employer by whom the holder of the certificate is, or is to be, employed, or(b) by substituting for the registered address specified therein the address of the registered employer by whom the holder of the certificate is, or is to be, employed.(6) The Director-General shall record in the register kept under section 58 any variation made under subsection (5).(7) Where there is a change of address of the registered office of the registered employer by whom or by which the holder of a certificate of registration under this Part is, or is to be, employed, the holder of the certificate shall, within the prescribed time after the change or the issue of the certificate (whichever last occurs), make application under subsection (5) for the certificate to be varied accordingly, unless within that time the holder makes application under that subsection for the name of the registered employer specified therein to be substituted.
60 Cancellation of certificate of registration
(1) Upon complaint being made to him or her by a member of the police force, with the approval of the reviewing officer, or by the Director-General a registrar of a Local Court may issue an application notice requiring a real estate salesperson, stock and station salesperson, business salesperson or trainee managing agent to appear before a Local Court to show cause why his or her certificate of registration should not be cancelled and why the salesperson or trainee managing agent should not be disqualified either permanently or temporarily from holding a certificate of registration on the ground:(a) that the salesperson or trainee managing agent improperly obtained his or her certificate of registration contrary to the provisions of this Act, or(b) that the salesperson or trainee managing agent is not a fit and proper person to continue any longer to hold a certificate of registration, or(c) that the salesperson or trainee managing agent has been guilty of such conduct as renders the salesperson or trainee managing agent unfit to continue any longer to hold a certificate of registration.(2) If upon the day and at the time and place appointed by the application notice issued in accordance with the provisions of subsection (1) the person named therein does not appear, then, upon proof of the due service of the notice upon the person a reasonable time before the time appointed for the person’s appearance, such Local Court may proceed to hear and determine the matter of such complaint in the absence of such person.Service of the notice may be proved by the oath of the person who served it or by affidavit or otherwise.
(3) Upon being satisfied of the truth of any of the grounds aforesaid the court may order that the certificate of registration (if any) of such person be delivered up to the Director-General forthwith and cancelled and that such person be disqualified either permanently or for such period as the court specifies from holding a certificate of registration under this Act, and upon the making of such order such certificate of registration (if any) shall thereafter be deemed and taken to be cancelled.(4) On the cancellation of a certificate of registration or the disqualification of any person under this section by a Local Court, the registrar of the Local Court must notify the decision of the Court to the Director-General.
60AA Disqualification of former certificate of registration holders
(1) In this section, former holder means a person who is not the holder of a certificate of registration but who, within a period of 12 months before a complaint in respect of that person is made under subsection (2), was at any time the holder of a certificate of registration.(2) On complaint being made by a police officer or by the Director-General, an authorised officer within the meaning of the Criminal Procedure Act 1986 may issue an application notice requiring a former holder to appear before a Local Court to show cause why the former holder should not be disqualified either permanently or temporarily from holding a certificate of registration on the ground that the former holder has been guilty of conduct that renders the former holder unfit to hold a certificate of registration.(3) If, on the day and at the time and place appointed by the notice issued under this section, the former holder does not appear, the Local Court may, on proof of the due service of the notice on the former holder a reasonable time before the time appointed for the appearance, proceed to hear and determine the matter of the complaint in the absence of the former holder.(4) The Local Court may, on being satisfied as to the truth of the ground specified in the notice, order that the former holder be disqualified, either permanently or for such period as the Court specifies in the order, from holding a certificate of registration under this Act.(5) On the disqualification of any person under this section by a Local Court, the registrar of the Local Court must notify the decision of the Court to the Director-General.
60A Commencement of certain determinations and orders
Notwithstanding anything in this Act, where, after the commencement of the Auctioneers and Agents (Amendment) Act 1972, the court makes:(a) a determination refusing an application for the renewal of registration under section 57, or(b) an order under section 60,the determination or order shall have no force or effect until the expiration of twenty-one days after the making thereof and, where within that period of twenty-one days an appeal to a District Court is commenced under section 61 in relation to the determination or order, until the Court confirms the determination or order or dismisses the appeal.
(1) Where the Court:(a) refuses any application under section 57 or makes an order under section 60, or(b) grants an application under section 57 to the granting of which a member of the police force or the Director-General has objected, or(c) dismisses a complaint made under section 60,the person making the application or the holder of the certificate of registration, as the case may be, where paragraph (a) applies, or the member of the police force or the Director-General where paragraph (b) applies, or the complainant where paragraph (c) applies, may appeal in accordance with the rules of court of the District Court to the District Court exercising jurisdiction in the district within which the court refusing such application, granting such application, making such order, or dismissing such complaint is situated.(2) Every such appeal shall be in the nature of a rehearing.(3) Notice of appeal shall be given to such persons as may be prescribed by rules of court of the District Court, or as the District Court may direct.(4)(a) An appeal shall lie to the Supreme Court against any ruling, order, direction or decision of the District Court in point of law or upon the admission or rejection of any evidence.(b) For the purposes of such appeal the parties to the appeal to the District Court shall be deemed to include any of the following persons:(i) the person making the application or the holder of the certificate of registration, as the case may be,(ii) the member of the police force who objected to the grant of the application—in any case where the appeal is in proceedings arising out of an application to the granting of which such member of the police force had objected,(iii) the member of the police force who made the complaint—in any case where the appeal is in proceedings arising out of a complaint made by him under section 60,(iv) the Director-General—in any case where the appeal is in proceedings arising out of an application to the granting of which the Director-General had objected, or out of a complaint made by the Director-General under section 60.(4A) An appeal under this section in any case to which paragraph (a) of subsection (1) applies shall not be commenced after the expiration of twenty-one days after the date of the determination refusing the application or the date of the order under section 60, as the case may be.(5) Any appeal under this section in any case to which paragraph (b) or paragraph (c) of subsection (1) applies shall not be made unless the Minister approves.
62 Production of certificate of registration
Every holder of a certificate of registration shall, on demand, produce the certificate of registration to any member of the police force, to any officer of the Department authorised under subsection (1) of section 38B, or to any person with whom the holder is transacting or attempting to transact any business as a real estate salesperson, stock and station salesperson, business salesperson or trainee managing agent, as the case may be.
63 Holder not to lend certificate of registration
Any holder of a certificate of registration who lets out, hires or lends a certificate of registration held by him or her to any other person or permits any other person to use the certificate of registration shall be guilty of an offence against this Act, and on conviction for such offence, and in addition to any penalty therefor, any certificate of registration held by him or her shall thereupon become absolutely void and shall be delivered up to the court which shall forward it to the Director-General to be cancelled by the Director-General.
63A Failure to deliver up certificate
Where the court has made an order that a certificate of registration be delivered up to the Director-General the holder of such certificate shall, if the holder refuses, neglects or fails to comply with such order, be guilty of an offence against this Act.