> Licensing  > Land agent  > Registration

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• Individuals
• Partnerships
• Companies
• Entitlement to be registered
• Cancelled registrations
• Licence/registration card
• Surrendering your registration
• Penalties

Individuals

If you intend operating a business as an individual you will need to hold a registration and collectively meet the registration requirements.

Partnerships

If you intend operating a business in partnership, each of the partners needs to hold a registration and meet the registration requirements.

Companies

If you intend operating the business through a company (body corporate), the company must apply for a registration.

The Act requires a registered agent that is a company to ensure that the agent's business is properly managed and supervised by a registered agent who is a natural person. This person must be nominated on the registration application in addition to director details.

Entitlement to be registered

You are entitled to hold a registration if you:

• hold the approved qualifications
• are a fit and proper person to be registered as an agent
• have not been suspended or disqualified from carrying on an occupation, trade or business
• are not an undischarged bankrupt or subject to a composition, deed or scheme of arrangement with or for the benefit of creditor
• have not been, in the last five years, a director of a company wound up for the benefit of creditors and
• have never been convicted of an indictable offence of dishonesty
• have not, in the last ten years, been convicted of a summary offence of dishonesty.

Your company is entitled to hold a registration if:

• it has not been suspended or disqualified from carrying on an occupation, trade or business;
• it is not being wound-up and is not under official management or receivership
• each director is a fit and proper person to be the director of a company that is registered as an agent
• each director has not been, in the last five years, a director of a company wound up for the benefit of creditors
• each director has not been suspended or disqualified from carrying on an occupation, trade or business
• each director has never been convicted of an indictable offence of dishonesty
• each director has not, in the last ten years, been convicted of a summary offence of dishonesty.

If the Commissioner refuses your registration you can appeal to the District Court within one month from the date of refusal.

Cancelled registrations

If you fail to lodge your annual return as required, your registration will be cancelled and you will be required to lodge a 'new application'. This includes paying the application fee and being re-assessed. The cancellation process is automated so that registrations are always cancelled in accordance with the Land Agents Act 1994.

Licence/registration card

As a licensed land agent, sales representative or auctioneer you will be issued with a photographic licence card, which you must carry at all times whilst working as a land agent, sales representative or auctioneer and produce when requested by the Commissioner, an officer authorised under the Fair Trading Act 1987, or a person with whom you are dealing with as an agent such as a vendor or client. If your company is licensed, you will receive a licence certificate, which you can display at your business premises.

Surrendering your registration

It is important when you surrender your registration that this is done in writing and either sent in or lodged over the counter. For further information contact us.

Penalties

If you trade as a land agent without holding a registration and you are convicted by the courts you may be liable for a penalty of up to $20,000. Additionally, you will not be able to recover commissions or other earnings obtained by conducting your unregistered land agent's business.

If you are in any doubt about how the Act affects you, you should seek independent legal advice.

Resources

Fees for land agents

Forms for land agents

Forms for land auctioneers

Forms for land sales representatives

Forms for land valuers

Publications for land agents

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