Estate Agents and Travel Agents Acts (Amendment) Act 2004

Estate Agents and Travel Agents Acts (Amendment) Act 2004

Act No. 17/2004

table of provisions

Section Page

Part 1—Preliminary Matters 1

1. Purposes 1

2. Commencement 2

Part 2—Amendments to Estate Agents Act 1980 3

3. Definitions 3

4. Extended payments out of the Victorian Property Fund 3

5. Broadening of purposes to which excess money in the Fund can be applied 4

6. Substitution of name of Association 6

7. Renaming of Estate Agents' Guarantee Fund 6

8. Further exemption in relation to trust money 7

9. New Part IX inserted 8

Part IX—TRANSITIONAL 8

101. Victorian Property Fund 8

10. Statute law revision 8

Part 3—Amendments to Travel Agents Act 1986 9

11. Definition of "exempted person" amended 9

12. Section 3(2) repealed 9

13. New section 5A inserted 9

5A. Act to bind the Crown 9

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EndnoteS 10

Section Page

Victoria

No. 17 of 2004

Section Page

Estate Agents and Travel Agents Acts (Amendment) Act 2004[(]

[Assented to 18 May 2004]

Act No. 17/2004

Estate Agents and Travel Agents Acts (Amendment) Act 2004

Act No. 17/2004

Estate Agents and Travel Agents Acts (Amendment) Act 2004

The Parliament of Victoria enacts as follows:

Part 1—Preliminary Matters

Estate Agents and Travel Agents Acts (Amendment) Act 2004

Act No. 17/2004

Part 1—Preliminary Matters

1. Purposes

The purposes of this Act are—

(a) to amend the Estate Agents Act 1980—

(i) to rename and extend the purposes of the Estate Agents' Guarantee Fund; and

(ii) in relation to the holding of security deposits for retail premises; and

(iii) generally to improve the administration of that Act; and

(b) to amend the Travel Agents Act 1986 to extend the operation of that Act to the Crown.

2. Commencement

s. 2

(1) This Act (other than Part 3) comes into operation on the day after the day on which it receives the Royal Assent.

(2) Part 3 comes into operation on a day to be proclaimed.

(3) If Part 3 does not come into operation before 1January 2005, it comes into operation on that day.

______

See:
Act No.
9428.
Reprint No. 8
as at
1 February 2004.
LawToday:
www.dms.
dpc.vic.
gov.au

Part 2—Amendments to Estate Agents Act 1980

3. Definitions

s. 3

In section 4(1) of the Estate Agents Act 1980—

(a) insert the following definitions—

' "residence right" has the same meaning as in the Retirement Villages Act 1986;

"retirement village" has the same meaning as in the Retirement Villages Act 1986;

"subdivision body corporate" means a body corporate within the meaning of the Subdivision Act 1988;';

(b) in the definition of "Fund", for "Estate Agents' Guarantee Fund" substitute "Victorian Property Fund".

4. Extended payments out of the Victorian Property Fund

(1) After section 75(1)(e) of the Estate Agents Act 1980 insert—

"(ea) the costs and expenses incurred by the Director or by the Secretary in the administration of the Subdivision Act 1988, the Retirement Villages Act 1986 or the Sale of Land Act 1962;".

(2) After section 75(1)(hb) of the Estate Agents Act 1980 insert—

"(hc) funds towards the costs and expenses incurred by the Tribunal in fulfilling its functions and duties under the Residential Tenancies Act 1997 including the fees and remuneration payable to the members of the Tribunal;

(hd) funds for any matter relating to the regulation of estate agency practice under any other Act or law;

(he) funds for other consumer protection matters relating to interests in land;".

5. Broadening of purposes to which excess money in the Fund can be applied

s. 5

(1) For sections 76(3)(a) to 76(3)(f) of the Estate Agents Act 1980 substitute—

"(a) community education, advice or information services regarding—

(i) the sale, purchase, lease or transfer of interests in real estate or businesses;

(ii) the provision of finance or credit for the purpose of the sale, purchase or lease of real estate or businesses;

(iii) the provision of finance or credit for the acquisition of any right to reside on land;

(iv) subdivision bodies corporate;

(v) retirement villages;

(vi) residential tenancy rights and any other rights to reside on land;

(vii) other consumer protection matters relating to interests in land;

(b) programs that promote the ownership of real estate;

(d) dispute resolution and advocacy services in relation to disputes involving—

(i) the sale, purchase, lease or transfer of interests in real estate or businesses;

(ii) the provision of finance or credit for the purpose of sale, purchase or lease of real estate or businesses;

(iii) a resident, or proposed or former resident, of a retirement village regarding his or her residence right in that retirement village;

s. 5

(iv) a subdivision body corporate or a member of a subdivision body corporate or an occupier of a lot arising in relation to the operation of subdivision bodies corporate;

(v) the provision of estate agency services or subdivision body corporate management services;

(vi) other consumer protection matters relating to interests in land;

(e) reviewing, reforming or researching the law and procedures or reviewing and researching the markets for real estate regarding—

(i) the sale, purchase, lease or transfer of interests in real estate or businesses;

(ii) the provision of finance or credit for the purpose of sale, purchase or lease of real estate or businesses;

(iii) subdivision bodies corporate;

(iv) retirement villages;

(v) other consumer protection matters relating to interests in land;

(f) projects facilitating—

(i) the registration of interests in land;

(ii) the compilation of other information relating to the ownership or use of land;

(g) projects providing or facilitating housing assistance for low income or disadvantaged Victorians;

(h) projects regarding—

(i) the development of environmentally sustainable housing;

(ii) the protection of Victoria's natural and architectural heritage.".

(2) After section 76(3) of the Estate Agents Act 1980 insert—

'(4) In sub-section (3), "occupier of a lot" means an occupier of a lot within the meaning of the Subdivision Act 1988.'.

6. Substitution of name of Association

s. 6

In section 6(2)(b) of the Estate Agents Act 1980, for "The Victorian Stock Agents' Association Inc." substitute "the Stock and Station Agents' Association Limited A.C.N. 096 142 880".

7. Renaming of Estate Agents' Guarantee Fund

(1) In section 72(1) of the Estate Agents Act 1980, for "Estate Agents' Guarantee Fund" substitute "Victorian Property Fund".

(2) In sections 14(5)(c), 16(1)(f), 16(1A)(a), 22(2)(b), 22(2A)(c), 28A(3), 31A(1), 31CA(1)(a), 44(1)(c), 60(3), 76(1) and 94A(2) of the Estate Agents Act 1980, for "Estate Agents' Guarantee Fund" substitute "Fund".

(3) In section 64A(4) of the Estate Agents Act 1980, for "Estate Agents Guarantee Fund" substitute "Fund".

(4) Insert the following heading to section 31A of the Estate Agents Act 1980—

"Person involved in Fund claim may regain licence etc. in exceptional circumstances".

(5) Insert the following heading to section 72 of the Estate Agents Act 1980—

"Victorian Property Fund".

(6) Insert the following heading to section 76 of the Estate Agents Act 1980—

"Application of excess money in Fund".

(7) In the heading to Part VII of the Estate Agents Act 1980, for "ESTATE AGENTS' GUARANTEE FUND" substitute "VICTORIAN PROPERTY FUND".

8. Further exemption in relation to trust money

s. 8

(1) In section 59(8) of the Estate Agents Act 1980—

(a) in paragraph (b), for "circumstances." substitute "circumstances;";

(b) after paragraph (b) insert—

"(c) a security deposit received by an estate agent acting on behalf of a landlord of retail premises from a tenant.".

(2) After section 59(8) of the Estate Agents Act 1980 insert—

'(9) In sub-section (8)(c), "landlord", "retail premises" and "tenant" have the same meanings as they have in the Retail Leases Act 2003.'.

9. New Part IX inserted

s. 9

After Part VIII of the Estate Agents Act 1980 insert—

"Part IX—TRANSITIONAL

101. Victorian Property Fund

The Victorian Property Fund is the same fund as the Estate Agents' Guarantee Fund despite the change to its name by the Estate Agents and Travel Agents Acts (Amendment) Act 2004.".

10. Statute law revision

(1) In sections 5(1)(e), 12(3), 51(3), 51(4), 51(5), 53(1), 53(2), 55(3), 55(8), 59(1), 66(2), 66(3)(c) and 79(1) of the Estate Agents Act 1980, for "employé" (wherever occurring) substitute "employee".

(2) In section 99(1)(ea) of the Estate Agents Act 1980, for "section 30AA" substitute "section 29B".

______

See:
Act No.
52/1986.
Reprint No. 3
as at
1September 1999
and amending
Act Nos
35/2000, 44/2001, 8/2003, 78/2003 and 106/2003.
LawToday:
www.dms.
dpc.vic.
gov.au

Part 3—Amendments to Travel Agents Act 1986

11. Definition of "exempted person" amended

s. 11

In section 3(1) of the Travel Agents Act 1986, in the definition of "exempted person" omit "sub-section (2) or".

12. Section 3(2) repealed

Section 3(2) of the Travel Agents Act 1986 is repealed.

13. New section 5A inserted

After section 5 of the Travel Agents Act 1986 insert—

"5A. Act to bind the Crown

This Act binds the Crown, not only in right of the State of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.".

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Estate Agents and Travel Agents Acts (Amendment) Act 2004

Act No. 17/2004

EndnoteS

Endnotes

[(]† Minister's second reading speech—

Legislative Assembly: 5 March 2004

Legislative Council: 4 May 2004

The long title for the Bill for this Act was "to amend the Estate Agents Act 1980 to rename and expand the purposes of the Estate Agents' Guarantee Fund and to amend the Travel Agents Act 1986 and for other purposes."