Western Australia: Real Estate and Business Agents Act 1978 (WA)

Western Australia Real Estate and Business Agents Act 1978 Western Australia Real Estate and Business Agents Act 1978 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 4. Terms used 2 Part II — Advisory Committee and review 22. Powers of investigation 10 23. Application for review by SAT 10 Division 4 — Advisory committees 23A. Advisory committees, establishing etc. 12 23B. Minister may delegate s. 23A powers 14 Division 5 — Conciliation 23C. Conciliation of disputes about transactions 14 Part III — Licensing of agents 24. Applications for licences 16 26. Real estate agents and business agents must be licensed 16 27. Licensing of individuals 17 28. Firms, licensing of 17 29. Bodies corporate, licensing of 18 30. Licence, effect of 19 31. Licensee's triennial certificate: grant and renewal 19 32. Licensee's triennial certificate: late renewal 20 33. Licensee's triennial certificate: late renewal after 12 months 20 34. Conditions on licences and triennial certificates 21 34AA. Imposing special conditions on licences or triennial certificates 22 34AB. Removing special conditions on licences or triennial certificates 23 34A. Commissioner may grant licence or triennial certificate without notice to applicant 24 34B. SAT may suspend licence in some cases 24 34C. Licensee may surrender licence and triennial certificate 24 34D. Firm or body corporate must surrender licence and triennial certificate in certain circumstances 25 35. Licensee to notify Commissioner when commencing or ceasing business 25 36. Registered office of licensee 25 37. Branch office of licensee 26 38. Triennial certificates, contents of 26 39. Licence and triennial certificate not transferable etc. 27 40A. Duplicate licence, certificate of registration or triennial certificate 27 40B. Licensee to comply with prescribed educational requirements 27 40. Business names, use of by licensees 28 41. Notices to be exhibited at offices; particulars to appear on documents 28 Part IV — Registration of sales representatives 42. Natural persons only may be registered 30 43. Applications for registration 30 44. Real estate sales representatives must be registered etc. 30 45. Business sales representatives must be registered etc. 31 46. Partners and directors of licensees to be registered in certain cases 32 47. Natural persons, grant of certificate of registration to 32 48. Certificates of registration, duration and renewal of 33 49. Certificates of registration, late renewal of 34 50. Conditions on certificates of registration 35 50AA. Imposing special conditions on certificates of registration 35 50AB. Removing special conditions on certificates of registration 36 50A. Unopposed applications 38 50B. SAT may suspend registration in some cases 38 50C. Sales representative to comply with prescribed educational requirements 38 51. Registered sales representatives to notify Commissioner of certain changes 39 52. Certificate of registration not transferable 39 53. Certificate of registration, surrender of 39 54. Sales representatives, employment of 40 55. Sales representative to be in service of one person 40 Part V — General controls 56. Franchising agreements, licensee not to carry on business under without Commissioner's approval 42 57. Developers, principal place of business to be registered and service on 42 58. Developer to notify Commissioner of change in principal place of business 43 59. Developer to keep records of real estate transactions 43 60. Agent not entitled to commission etc. unless licensed and validly appointed 43 61. Maximum remuneration of licensees, fixing of etc. 45 61A. Agents not to demand etc. money etc. for letting etc. from tenants 48 62. Advertising by agents and developers 48 63. Agents etc. to supply signatories of documents with copies 49 64. Conflicts of interest of agents etc. 49 65. Rates etc., agents to ensure payment and apportionment of 50 66. Keys to houses etc. and information about tenancies etc., payment for is an offence 51 Part VI — Agents' trust accounts 67. Terms used 52 68. Use of trust accounts 52 68A. Client may ask agent for separate trust account 54 68B. Interest on trust accounts to be paid by financial institutions 54 68C. Agents to give Commissioner information about trust accounts 55 69. Money received by agents, duties as to 56 70. Audits of trust accounts 57 71. Date of audit, Commissioner may change 58 72. Auditors, qualification and approval of 59 73. Auditors, appointment of 59 74. Audits of business carried on at more than one place, directions as to 60 75. Approvals etc. under this Part, Commissioner's power to cancel etc. 60 77. Audits, agents' duties and auditors' powers as to 61 78. Audits, bankers' duties as to 61 79. Auditors' reports, content of 61 80. Moneys etc. held on trust, statement of by agents 62 81. Auditor's report to report breaches of law etc. 63 82. Auditors' duty of confidentiality 63 83. Right of some persons to information in auditors' reports 64 84. Offences under this Part 64 85. Auditors' remuneration 65 86. Agents with no accounts to audit 65 87. Accounts of firm or body corporate or agent with branch office, effect of audits as to 65 88. Audit of trust account, Commissioner may do 66 90. Cost of audit done under s. 88 66 91. Confidentiality of audit done under s. 88 67 92. Restraining bank etc. from dealing with agent's account, SAT's powers as to 67 93. Suspension of agents, appointment of supervisors etc., SAT's powers as to 68 94. Order under s. 93 for supervisor, effect of 70 95. Supervisors' duties 71 96. Hindering etc. supervisors, offence 72 97. Discharge or variation of s. 92 or 93 order 72 98. SAT's additional powers as to s. 92, 93 and 97 orders; schemes for distributing funds 73 99. Service of s. 92, 93, 97 or 98 orders; penalty for breach of 74 100. Banks etc., duty to disclose certain accounts etc. if required to by authorised person 75 100A. Information about trust accounts, Commissioner's power to obtain 76 Part VII — Discipline of agents and sales representatives 101. Codes of conduct 79 102. Disciplinary action by SAT, alleging cause for 79 103. Disciplinary action, SAT's powers as to 80 104. Offences that cause licence and triennial certificate to be cancelled 83 105. Certain offences by licensees, additional sentencing powers for 84 105A. Cancellation of licence due to insufficient resources or cessation of business 85 106. Persons with cancelled licences etc., offences by and in respect of 85 Part VIII — Fidelity Guarantee Account 107. Account established 87 108. Investment of moneys in account 87 109. Moneys to be credited to account 87 110. Expenditure from account 88 112. Administration of account 89 113. Payments to account by applicants for licences etc. 89 114. Cap on payments under s. 113 89 115. Levies for account against certificate holders 90 116. Purpose of account; making claims against account 91 117. Claims against account; recovery from account 92 118. Defences to claims against account 93 119. Subrogation of rights of claimant against account 93 120. Insufficiency in account 93 121. State may insure against claims 95 122. Application of insurance payouts 95 123. Advertising for claims in relation to defaulting licensee 95 124. Documents etc. to support claims, CEO may require 96 124AA. Commissioner may investigate claims against Fidelity Account 96 Part VIIIA — Education and General Purpose Account 124A. Account established; administration of account 98 124B. Moneys to be credited to account 98 124C. Expenditure from account 99 124D. Investment of moneys in account 100 Part IX — Real Estate and Business Agents Interest Account 125. Account established; administration of account 101 126. Moneys to be credited to account 101 127. Expenditure from account 102 128. Investment of moneys in account 102 Part IXA — Assistance to home buyers 131A. Terms used 103 131B. Home Buyers Assistance Account established 104 131C. Investment of moneys in account 104 131D. Moneys to be credited to account 105 131E. Expenditure from account 105 131G. Administration of account 106 131L. Applying for assistance for buyers of first homes 106 131M. Deciding applications for assistance 107 131N. Assistance, payment and application of 108 131O. Criteria for granting assistance, formulating 109 Part X — Miscellaneous 132. Unlicensed assistants to be supervised etc. 111 133. Registers of licensees etc., Commissioner to keep etc. 112 134A. Offence to give false or misleading information 112 134. Commissioner's certificate 113 135. Annual report by department 114 136. Commissioner to report to Minister on Act's effectiveness as to protecting against defalcations 114 136A. Refunds of fees, Commissioner's powers as to 115 137. Protection from personal liability 115 138. Confidentiality of information officially obtained 115 139. Directors of body corporate, liability of 115 140. Other rights and remedies not affected by this Act 116 141. Rights conferred by Act cannot be waived 116 142. General penalty for offences 116 143. Proceedings for offences 117 144. Forms 117 145. Regulations 117 Part XI — Savings and transitional 148. Terms used 120 149. Former Board abolished 120 150. References to former Board 120 151. Immunity continues 121 152. Notices by former Board 121 153. References to former Registrar 121 154. Unfinished investigations by former Board 122 155. Unfinished proceedings by former Board 122 156. Winding‑up former Board 123 157. Final report by former Board 124 158. Staff of former Board 124 159. Transitional regulations 124 Schedule 1 — Qualifications for grant of licence and related matters 1. Qualifications 126 2. Sufficient practical experience defined 127 3. Licence by reason of qualification under cl. 1(c) 128 4. Licence by reason of qualification under cl. 1(d) 128 5. Dead or incapacitated licensee, conduct of business of 128 6. Death or withdrawal of partner in firm or director of body corporate, Commissioner to be notified 129 Notes Compilation table 130 Other notes 135 Defined terms Western Australia Real Estate and Business Agents Act 1978 An Act to make provision with respect to the regulation and supervision of certain persons acting in respect of real estate transactions or certain business transactions, to repeal the Land Agents Act 1921 1, and for related purposes. Part I — Preliminary 1. Short title This Act may be cited as the Real Estate and Business Agents Act 1978. 2. Commencement (1) Subject to subsection (2), the provisions of this Act shall come into operation on such day or days as is or are, respectively, fixed by proclamation. (2) Section 5 shall come into operation on the appointed day 2. [3. Deleted: No. 29 of 1982 s. 3.] 4. Terms used (1) In this Act unless the context otherwise requires — agent means a person who is a real estate agent or a business agent, or both a real estate agent and a business agent; appointed day means the day fixed by the Minister pursuant to subsection (2) 2; approved means approved by the Commissioner; Assistance Account means the Home Buyers Assistance Account established under section 131B; auditor means a person appointed under this Act to audit the trust accounts of an agent; bank means — (a) an ADI (authorised deposit‑taking institution) as defined in section 5 of the Banking Act 1959 of the Commonwealth; or (b) a bank constituted by a law of a State, a Territory or the Commonwealth; business means the business of an agent but does not have that meaning in paragraph (a) of the interpretation business transaction and does not mean the business of a developer; business, in paragraph (a) of the interpretation business transaction means any commercial undertaking or enterprise in respect of any profession, trade, employment, vocation, or calling; business agent means a person whose business either alone or as part of or in connection with any other business, is to act as agent for consideration in money or money's worth, as commission, reward, or remuneration, in respect of a business transaction as defined by this section, but does not include a person whose business is to so act by reason that — (a) he is appointed by a court as a receiver or receiver and manager of the business of another; or (b) he is an official receiver or trustee within the meaning of the Bankruptcy Act 1966 of the Commonwealth or any Act in amendment or substitution of that Act; business sales representative means a person who on behalf of an agent negotiates a business transaction irrespective of whether or not the agent is the owner of the business involved, and includes — (a) a person who does so as a member of a firm that is a licensee and the holder of a current triennial certificate unless he is also a licensee and the holder of a current triennial certificate; (b) a person who does so as a director of a body corporate that is a licensee and the holder of a current triennial certificate, unless he is also a licensee and the holder of a current triennial certificate; business transaction — (a) means a sale, exchange or other disposal and a purchase, exchange or other acquisition of a business and any share or interest in a business or the goodwill thereof; and (b) includes any sale, exchange, or other disposal and any purchase, exchange, and other acquisition of goods, chattels or other property relating to a business transaction of the kind specified in paragraph (a); and (c) also includes an option to enter into a business transaction; but (d) does not include the sale, exchange, or other disposal or a purchase, exchange, or other acquisition of a share in the capital of a body corporate carrying on a business or an option in respect thereof; certificate of registration means a certificate of registration as a sales representative under this Act; code of conduct for agents means the code of conduct for agents prescribed and published under section 101(a); code of conduct for sales representatives means the code of conduct for sales representatives prescribed and published under section 101(b); Commissioner has the meaning given in the Fair Trading Act 2010 section 6; defalcation by a licensee includes criminal or fraudulent conduct — (a) of a licensee; or (b) of any one or more of the servants or agents of the licensee; or (c) of a person who is a partner in the business of the licensee; or (d) where the licensee is a firm and a body corporate is a partner in the firm or where the licensee is a body corporate, of any one or more of the directors, officers, servants, or agents of the body corporate, in the course of the business of the licensee and from which arises pecuniary loss or loss of property to any other person; department means the department of the Public Service principally assisting the Minister in the administration of this Act; developer means a person whose business either alone or as part of or in connection with any other business, is to act on his own behalf in respect of the sale, exchange, or other disposal of real estate; Fidelity Account means the Real Estate and Business Agents Fidelity Guarantee Account established under section 107; franchising agreement means an agreement whereby a party to the agreement grants to another party to the agreement the right or privilege to carry on business in a manner, over a period, and in a place specified in the agreement; General Purpose Account means the Education and General Purpose Account established under section 124A; Interest Account means the Board Interest Account established under section 125(1); licence means the licence of an agent under this Act; licensed means licensed as an agent under this Act; licensee means a person licensed under this Act; member — [(a) deleted] (b) in Part IXA, means a member of the Advisory Committee; real estate means land within or outside the State and includes land of any tenure and buildings or parts of buildings within or outside the State; real estate agent means a person whose business either alone or as part of or in connection with any other business, is to act as agent for consideration in money or money's worth, as commission, reward or remuneration, in respect of a real estate transaction as defined by this section but does not include a person whose business is to so act by reason that — (a) he is appointed by a court as a receiver or receiver and manager of the business of another person; or (b) he is an official receiver or trustee within the meaning of the Bankruptcy Act 1966 of the Commonwealth or any Act in amendment or substitution of that Act; real estate sales representative means a person who on behalf of an agent or a developer negotiates a real estate transaction irrespective in the case of an agent of whether or not the agent is the owner of the real estate involved, and includes — (a) a person who does so as a member of a firm that is a licensee and the holder of a current triennial certificate, unless he is also a licensee and the holder of a current triennial certificate; and (b) a person who does so as a director of a body corporate that is a licensee and the holder of a current triennial certificate unless he is also a licensee and the holder of a current triennial certificate; real estate transaction — (a) means a sale, exchange, or other disposal and a purchase, exchange, or other acquisition of real estate and any exclusive right whether deriving from the ownership of a share or interest in a body corporate or partnership, or otherwise, to the use or occupation of real estate including the leasing, and letting, and the acquisition under lease or letting of tenancy or occupation of real estate; and (b) includes any sale, exchange, or other disposal and any purchase, exchange, or other acquisition of goods, chattels or other property relating to a real estate transaction of a kind specified in paragraph (a); and (ba) includes the collection of rents or other payments for use or occupation; and (c) also includes an option to enter into a real estate transaction; registered and registered sales representative means registered as a sales representative under this Act; registration means registration as a sales representative under this Act; renewal means a renewal of a triennial certificate or of a certificate of registration, as the case requires; repealed Act means the Act repealed by section 5 3; sales representative means a person who is a real estate sales representative or a business sales representative, or both a real estate sales representative and a business sales representative; supervisor means a person appointed by the Commissioner as supervisor of the business of an agent; transaction means a real estate transaction or a business transaction, or both a real estate transaction and a business transaction; Treasurer means the Treasurer of the State; Treasury means the State Treasury; triennial certificate means a certificate granted under this Act to a licensee to carry on business as an agent. (2) The Minister shall by notice published in the Government Gazette fix a day to be the appointed day 2 for the purposes of the provisions of this Act that refer to the appointed day. (3) The collection by an agent for or on behalf of another person of moneys in respect of — (a) the consideration; or (b) any terms payments; or (c) any rent or other payment for use or occupation; or (d) any payments under a mortgage or other security, relating to a transaction is deemed to be a service rendered by the agent in his capacity as an agent, and those moneys are deemed to be moneys received by the agent, in the course of his business, for and on behalf of the other person in respect of the transaction, irrespective of whether or not the agent negotiated the transaction or participated in the negotiation thereof. (3a) For the purposes of this Act, moneys collected by an agent for or on behalf of a community corporation within the meaning of the Community Titles Act 2018 or a strata company within the meaning of the Strata Titles Act 1985 are deemed to be moneys collected by the agent in respect of a real estate transaction. (4) Nothing contained elsewhere in this Act applies to or in relation to — (a) a body corporate authorised by the law of any State, or of a Territory, of the Commonwealth to apply for and obtain a grant of probate of a will when exercising its power to do so or when exercising any other power conferred on it by such a law; or (b) a financial services licensee (within the meaning of the Corporations Act 2001 of the Commonwealth), when dealing in securities (within the meaning of section 92 of that Act) that he or she is authorised to deal in by that licence; or (c) a regulated principal (within the meaning of section 1430 of the Corporations Act 2001 of the Commonwealth), when dealing in securities that he or she is authorised to deal in by Part 10.2 Division 1 Subdivision D of that Act; or (d) a person, other than a licensee, when performing a prescribed duty as an agent for the owner of premises ordinarily used for holiday accommodation, whether or not for consideration, in respect of the right of a person to occupy those premises for a period of not more than 3 consecutive months. [Section 4 amended: No. 74. of 1980 s. 3; No. 10 of 1982 s. 28; No. 29 of 1982 s. 4; No. 40 of 1985 s. 8; No. 98 of 1985 s. 3; No. 59 of 1995 s. 4; No. 26 of 1999 s. 99(2); No. 10 of 2001 s. 222; No. 21 of 2003 s. 20; No. 65 of 2003 s. 59(2); No. 74 of 2003 s. 101; No. 69 of 2006 s. 27; No. 77 of 2006 Sch. 1 cl. 147(1); No. 21 of 2008 s. 696; No. 58 of 2010 s. 81 and 134; No. 47 of 2011 s. 25(2) and (3); No. 32 of 2018 s. 233; No. 25 of 2019 s. 39; No. 9 of 2022 s. 424.] [5. Deleted: No. 58 of 2010 s. 82.] Part II — Advisory Committee and review [Heading inserted: No. 58 of 2010 s. 83.] [Divisions 1, 1A and 2 (s. 6-18) deleted: No. 58 of 2010 s. 84.] [Heading deleted: No. 58 of 2010 s. 85.] [19-21. Deleted: No. 58 of 2010 s. 86.] 22. Powers of investigation The Fair Trading Act 2010 section 61 and Part 6 of that Act apply to this Act. [Section 22 inserted: No. 58 of 2010 s. 87.] 23. Application for review by SAT (1) Any person aggrieved by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision. (2) In subsection (1) — person aggrieved means — (a) a person whose licence or triennial certificate is affected by a reviewable decision or who, under Part III, applies for the grant of a licence or applies for the renewal of a triennial certificate; (b) a person whose certificate of registration is affected by a reviewable decision or who, under Part IV, applies for the grant or renewal of a certificate of registration; (c) a licensee who has, or seeks, the Commissioner's approval under section 56 to carry on business pursuant to a franchising agreement or another party to the agreement; (d) a person affected by a decision of the Commissioner under Part VI; (e) a person claiming against, or seeking the leave of the chief executive officer to commence an action in relation to, the Fidelity Account; reviewable decision means — (a) a decision of the Commissioner under Part III other than a determination of the form in which an application is to be made; (b) a decision of the Commissioner under Part IV other than a determination of the form in which an application is to be made; (c) a decision of the Commissioner under section 56; (d) a decision of the Commissioner under Part VI; (e) a decision of the chief executive officer under section 116 or 117. (3) If a decision under section 116 or 117 has not been made before the commencement of the Consumer Protection Legislation Amendment Act 2014 section 69 in respect of a claim made before 1 July 2011, the decision — (a) may be made on or after that commencement by the Commissioner; and (b) is taken to be a reviewable decision for the purposes of this section. (4) A decision under section 116 or 117 made by the chief executive officer before the commencement of the Consumer Protection Legislation Amendment Act 2014 section 69 is taken to be a reviewable decision made immediately after that commencement for the purposes of this section. (5) The amendments made to this section by the Consumer Protection Legislation Amendment Act 2014 section 69 do not affect the review of a reviewable decision by the State Administrative Tribunal that began, but was not completed, before the commencement of that section. [Section 23 inserted: No. 55 of 2004 s. 1005; amended: No. 77 of 2006 Sch. 1 cl. 147(2); No. 58 of 2010 s. 88 and 134; No. 23 of 2014 s. 69.] Division 4 — Advisory committees [Heading inserted: No. 34 of 1998 s. 9.] 23A. Advisory committees, establishing etc. (1) The Minister may, after a request from the Commissioner, establish an advisory committee or committees (a committee) to provide advice to the Commissioner for consideration in the performance of the Commissioner's functions and the exercise of the Commissioner's powers. (2) A committee is to consist of not more than 7 persons or another number of persons that is prescribed for the purposes of this subsection who have such knowledge, experience or qualifications as the Minister considers appropriate to the matters on which the committee is to advise. [(3) deleted] (4) The Minister may make such arrangements as the Minister considers appropriate for the receipt of nominations for the purposes of an appointment under subsection (2). (5) The Minister is to appoint one of the members of a committee to be the chairperson of the committee. (6) The Minister may give directions in writing to a committee as to its procedure but otherwise a committee may determine its own procedure. (7) The department is to provide a committee with such support services as it may reasonably require. (8) A member of a committee — (a) is to hold office for such term not exceeding 2 years as is specified in the instrument appointing the member; and (b) is, on the expiration of the member's term of office, eligible for reappointment; and (c) may hold office on more than one committee contemporaneously. (9) A member of a committee is to be paid from moneys standing to the credit of the General Purpose Account such remuneration and allowances as are determined in the case of the member by the Minister on the recommendation of the Public Sector Commissioner. (10) The Minister may terminate the appointment of a member of a committee for inability, inefficiency or misbehaviour. (11) If a member of a committee — (a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (b) becomes permanently incapable of performing his or her duties as a member; or (c) resigns his or her office by signing a written notice of resignation and giving it to the Minister; or (d) absents himself or herself, except on leave duly granted by the Minister, from meetings of that committee for a period exceeding 8 weeks; or (e) ceases to hold any qualification required for becoming or being a member, the office of that member becomes vacant. [Section 23A inserted: No. 34 of 1998 s. 9; amended: No. 77 of 2006 Sch. 1 cl. 147(2); No. 39 of 2010 s. 89; No. 58 of 2010 s. 89 and 134.] 23B. Minister may delegate s. 23A powers (1) The Minister may, by instrument in writing, delegate to the Commissioner or any other person, either generally or as otherwise provided in the instrument, any of the Minister's powers under section 23A but the Minister cannot delegate this power of delegation. (2) Anything done by a delegate under a delegation under this section has the same force and effect as if it had been done by the Minister. [Section 23B inserted: No. 34 of 1998 s. 9; amended: No. 58 of 2010 s. 134.] Division 5 — Conciliation [Heading inserted: No. 34 of 1998 s. 9.] 23C. Conciliation of disputes about transactions (1) The Commissioner, or a person nominated by the Commissioner, may act as a conciliator for the purposes of this section. (2) A conciliator's function is to assist the parties to a transaction to resolve a dispute about the transaction by — (a) arranging for the parties to hold informal discussions about the dispute; and (b) helping in the conduct of those discussions; and (c) if possible, assisting the parties to reach agreement. (3) A conciliation process is not to start or continue once proceedings before the State Administrative Tribunal in relation to the transaction have been instituted. (4) No party to a transaction may be represented by another person during the conciliation process unless the conciliator, on the ground that the process will not work effectively without that representation, otherwise determines. (5) Evidence of anything said or admitted during the conciliation process — (a) is not admissible in proceedings before a court or tribunal, whether under this Act or any other law; and (b) cannot be used as ground for an investigation or inquiry under this Act. (6) Nothing in this section — (a) prevents the parties to a transaction from resolving a dispute in relation to the transaction at any time, whether through the conciliation process or not; or (b) requires a conciliator to participate in a conciliation process or the department to provide officers or other persons for that purpose. (7) In this section — party, in relation to a transaction, includes a person financially affected by the transaction even though the transaction was not entered into by that person. [Section 23C inserted: No. 34 of 1998 s. 9; amended: No. 55 of 2004 s. 1020; No. 58 of 2010 s. 90.] Part III — Licensing of agents 24. Applications for licences (1) An application for a licence shall be made in writing and in a manner and form determined by the Commissioner in respect of such an application and shall contain such information as is required by the Commissioner in respect of such an application. [(2), (3) deleted] (4) In respect of any particular application the applicant shall furnish the Commissioner with such further information as the Commissioner determines. (5) If the Commissioner is considering making an adverse decision in relation to the application, the Commissioner must give the applicant the opportunity to give additional information in relation to that application. [Section 24 amended: No. 58 of 2010 s. 91 and 134; No. 23 of 2014 s. 70; No. 44 of 2016 s. 30.] [25. Deleted: No. 23 of 2014 s. 71.] 26. Real estate agents and business agents must be licensed (1) On and after the appointed day 2 a person shall not carry on business, or by any means hold himself or itself out, as a real estate agent, or a business agent, or both a real estate agent and a business agent, unless he or it is licensed as such under this Act and holds a current triennial certificate in respect of the licence. Penalty for this subsection: a fine of $100 000. (2) For subsection (1), a person is taken not to be licensed or holding a current triennial certificate in respect of the licence if the person is required to surrender a licence and triennial certificate under section 34D(2) or (3). [Section 26 amended: No. 43 of 1994 s. 11; No. 25 of 2019 s. 40 and 62.] 27. Licensing of individuals (1) Subject to this Act, an individual who applies to the Commissioner for a licence and pays to the Commissioner the prescribed fee for the licence shall be granted and may hold a licence if the Commissioner is satisfied that the individual — (a) is of or over the age of 18 years; and (b) is a person of good character and repute and a fit and proper person to hold a licence; and (c) has sufficient material and financial resources available to enable them to comply with the requirements of this Act; and (d) understands fully the duties and obligations imposed by this Act on agents. (2) In subsection (1)(b) fit and proper includes being qualified in accordance with Schedule 1 but subject to the savings and exceptions provided in this Act. [Section 27 amended: No. 58 of 2010 s. 134; No. 23 of 2014 s. 72; No. 25 of 2918 s. 41.] 28. Firms, licensing of Subject to this Act, 2 or more persons constituting a firm who apply to the Commissioner for a licence and pay to the Commissioner the prescribed fee for the licence shall be granted and may hold a licence if the Commissioner is satisfied that — (a) all of the natural persons, if any, by whom the firm is constituted and all of the directors of, and all of the persons concerned in the management or control of, any body corporate by which the firm is constituted are persons of good character and repute and are persons fit to be concerned as directors of, or in the management and control of, an agent's business; and (b) the persons by whom or by which the firm is constituted have sufficient material and financial resources available to them to enable them to comply with the requirements of this Act; and (c) where the firm is constituted by not more than 3 persons at least one of them is licensed or where the firm is constituted by more than 3 persons at least 2 of them are licensed; and (d) the person in bona fide control of the business operated under the licence is licensed. [Section 28 amended: No. 58 of 2010 s. 134.] 29. Bodies corporate, licensing of Subject to this Act, a body corporate which applies to the Commissioner for a licence and pays to the Commissioner the prescribed fee for the licence shall be granted and may hold a licence if the Commissioner is satisfied that — (a) all of the directors of the body corporate, and all of the persons concerned in the management or conduct of the body corporate, are persons of good character and repute and are persons fit to be concerned as directors of, or in the management and control of, an agent's business; and (b) it has sufficient material and financial resources available to it to comply with the requirements of this Act; and (c) unless for good cause shown by the applicant the Commissioner otherwise determines, where there are not more than 3 directors of the body corporate at least one of them is licensed or where there are more than 3 directors of the body corporate at least 2 of them are licensed; and (d) the person in bona fide control of the business operated under the licence is licensed. [Section 29 amended: No. 58 of 2010 s. 134; No. 25 of 2019 s. 42.] 30. Licence, effect of (1) Subject to this Act, a licence is continuous. (2) A licence does not confer on a licensee the right to carry on business as an agent unless he holds a current triennial certificate in respect of the licence. (2a) A licensee ceases to be licensed if the licensee — (a) does not hold a current triennial certificate in respect of the licence; and (b) does not pay to the Commissioner in accordance with the regulations the fee prescribed for the purposes of this subsection. [(3), (4) deleted] [Section 30 amended: No. 74 of 1980 s. 5; No. 56 of 1995 s. 40; No. 55 of 2004 s. 1006; No. 58 of 2010 s. 134; No. 25 of 2019 s. 43.] 31. Licensee's triennial certificate: grant and renewal (1) Subject to this Act, the Commissioner shall on the grant of a licence grant the licensee a certificate which confers on the licensee the right to carry on business as an agent for the period of 3 years commencing on the date on which it is granted. (2) Subject to this Act, a triennial certificate may be renewed for subsequent periods of 3 years each by payment of the prescribed fee and delivery to the Commissioner of an application signed — (a) by the licensee, if the licensee is an individual; or (b) by the person in bona fide control of the business of the licensee, if the licensee is a firm or a body corporate. (3) The Commissioner must not renew a licensee's triennial certificate unless the Commissioner is satisfied of the matters in — (a) for an individual — section 27(1)(b), (c) and (d); or (b) for a firm — section 28(a), (b), (c) and (d); or (c) for a body corporate — section 29(a), (b), (c) and (d). [Section 31 amended: No. 34 of 1998 s. 10; No. 55 of 2004 s. 1007; No. 58 of 2010 s. 134; No. 25 of 2019 s. 44.] 32. Licensee's triennial certificate: late renewal (1) If a licensee's triennial certificate is renewed within the period of one month immediately succeeding the day on which the triennial certificate expired or was surrendered, the renewal takes effect on and from the day next succeeding the day on which the triennial certificate expired or was surrendered. (2) If a licensee's triennial certificate is renewed more than 1 month but not more than 12 months after the day on which the triennial certificate expired or was surrendered, the renewal takes effect — (a) if the Commissioner is satisfied that there is reasonable cause for the renewal to take effect on and from the day after the day on which the triennial certificate expired or was surrendered — on that day; or (b) otherwise — on the day the renewal is granted. [Section 32 amended: No. 58 of 2010 s. 134; No. 25 of 2019 s. 45.] 33. Licensee's triennial certificate: late renewal after 12 months (1) This section applies if — (a) a licensee's triennial certificate expires or was surrendered; and (b) the licensee applies to renew the certificate more than 12 months after the day on which the triennial certificate expired or was surrendered. (2) The application for renewal must be made in writing and in a manner and form determined by the Commissioner in respect of such an application and shall contain such information as is required by the Commissioner in respect of such an application. [(3) deleted] (4) In respect of any particular application the licensee must furnish the Commissioner with such further information as the Commissioner determines. (5) If the Commissioner is considering making an adverse decision in relation to the application, the Commissioner must give the licensee the opportunity to give additional information in relation to that application. (6) If the triennial certificate is renewed, the renewal takes effect on the day the renewal is granted. [Section 33 amended: No. 58 of 2010 s. 93 and 134; No. 44 of 2016 s. 31; No. 25 of 2019 s. 46.] 34. Conditions on licences and triennial certificates (1) It is a condition of every licence that the licensee must comply with the provisions of this Act and the code of conduct for agents. (2) It is a condition of every licence that the licensee must comply with any special condition to which the licensee's licence or triennial certificate is subject under section 34AA. [Section 34 inserted: No. 25 of 2019 s. 47.] 34AA. Imposing special conditions on licences or triennial certificates (1) In this section — licensee includes an applicant for a licence. (2) The Commissioner may, at any time, impose a special condition on a licence or triennial certificate. (3) Before imposing a special condition on a licence or triennial certificate, the Commissioner must — (a) give a licensee notice in writing setting out — (i) that the Commissioner proposes to impose the special condition; and (ii) the reasons for the proposed decision; and (iii) that the licensee may make submissions to the Commissioner in relation to the proposed decision within the time specified in the notice; and (b) consider any submissions received under paragraph (a)(iii). (4) After making a decision under subsection (2), the Commissioner must — (a) notify the licensee of the Commissioner's decision; and (b) if the decision is to impose a special condition on the licence or triennial certificate, give the licensee notice in writing setting out — (i) the reasons for the decision; and (ii) that a person aggrieved by the Commissioner's decision may apply to the State Administrative Tribunal for a review of the decision under section 23. [Section 34AA inserted: No. 25 of 2019 s. 47.] 34AB. Removing special conditions on licences or triennial certificates (1) The Commissioner may remove a special condition imposed on a licensee's licence or triennial certificate — (a) at any time; or (b) on application by the licensee. (2) If a licensee makes an application under subsection (1)(b), the Commissioner must, before deciding not to remove the special condition on the licensee's licence or triennial certificate — (a) give the licensee notice in writing setting out — (i) that the Commissioner proposes to make a decision not to remove the special condition; and (ii) the reasons for the proposed decision; and (iii) that the licensee may make submissions to the Commissioner in relation to the proposed decision within the time specified in the notice; and (b) consider any submissions received under paragraph (a)(iii). (3) After making a decision on an application by a licensee, the Commissioner must — (a) notify the licensee of the Commissioner's decision; and (b) if the decision is to not remove the special condition, give the licensee notice in writing setting out — (i) the reasons for the decision; and (ii) that a person aggrieved by the Commissioner's decision may apply to the State Administrative Tribunal for a review of the decision under section 23. [Section 34AB inserted: No. 25 of 2019 s. 47.] 34A. Commissioner may grant licence or triennial certificate without notice to applicant (1) Subject to this Part, a licence may be granted and a triennial certificate may be granted or renewed (as long as special conditions are not imposed or changed), by the Commissioner without notice to the applicant. (2) Where the Commissioner performs a function under subsection (1), the Commissioner shall forthwith deliver the licence or triennial certificate or the renewed triennial certificate, as the case may be, to the applicant. [Section 34A inserted: No. 55 of 2004 s. 1008; amended: No. 58 of 2010 s. 94 and 134; No. 23 of 2014 s. 73.] 34B. SAT may suspend licence in some cases (1) Where the State Administrative Tribunal makes an order against a licensee and payment is not made in accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may suspend the licence until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit. (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by Part VII or by the State Administrative Tribunal Act 2004. [Section 34B inserted: No. 55 of 2004 s. 1008.] 34C. Licensee may surrender licence and triennial certificate A licensee may surrender the licensee's triennial certificate, or licence and triennial certificate held in respect of the licence, at any time. [Section 34C inserted: No. 25 of 2019 s. 48.] 34D. Firm or body corporate must surrender licence and triennial certificate in certain circumstances (1) This section applies to a licensee that is a firm or body corporate if paragraph (c) or (d) of section 28 or 29 (as is relevant) ceases to apply in relation to the licensee. (2) The licensee must, within 5 days after the day on which the paragraph ceased to apply to the licensee, surrender the licensee's licence and triennial certificate held in respect of the licence, unless the licensee is carrying on business under Schedule 1 clause 6. (3) If a licensee carries on business under Schedule 1 clause 6 then, at the end of the period referred to in that clause, the licensee must immediately surrender the licensee's licence and triennial certificate unless the licensee satisfies section 28(c) and (d) or section 29(c) and (d) (as is relevant). [Section 34D inserted: No. 25 of 2019 s. 48.] 35. Licensee to notify Commissioner when commencing or ceasing business A licensee shall, within 14 days after commencing or ceasing to carry on business as an agent, give to the Commissioner notice in writing of that fact. [Section 35 amended: No. 58 of 2010 s. 134.] 36. Registered office of licensee (1) A licensee shall, on and after the day on which he commences to carry on business as an agent, and for so long as he carries on that business, have a registered office in the State. Penalty: $1 000. (2) Any summons, notice, order, or other document to be served on a licensee, may be served by leaving it at his registered office or by sending it by registered post addressed to the licensee at that office. (3) An office may be registered by giving written notice of the situation of the office to the Commissioner and a registration may be transferred from one office to the other by written notice given to the Commissioner. [Section 36 amended: No. 43 of 1994 s. 11; No. 58 of 2010 s. 134.] 37. Branch office of licensee (1) A licensee shall register any branch office of his business by giving written notice of the situation of the office to the Commissioner on or before the day on which he commences to carry on business at that branch office. Penalty: $1 000. (2) A licensee shall nominate, and have at all times in his service at a registered branch office, as manager of that office, another licensee who is the holder of a current triennial certificate. Penalty: $1 000. (3) The manager shall not be a licensee nominated as manager by any other licensee or in respect of any other office, and shall not carry on business as an agent on his own account. [Section 37 amended: No. 43 of 1994 s. 11; No. 58 of 2010 s. 134.] 38. Triennial certificates, contents of (1) Each place of business of a licensee and the name of the other licensee who is manager of that place and any changes thereto shall be endorsed on the triennial certificate of the first‑mentioned licensee. (2) The place of business of a branch office shall be endorsed on the triennial certificate of the licensee who is manager of that office. 39. Licence and triennial certificate not transferable etc. (1) A person shall not hold more than one licence or more than one triennial certificate and shall not carry on more than one business as an agent thereunder. (2) A licence or a triennial certificate is not transferable. (3) A licensee shall not in any way permit, or hold himself out as being willing to permit, another person to use the licence or a triennial certificate of the licensee. Penalty for this subsection: a fine of $100 000. [Section 39 amended: No. 43 of 1994 s. 11; No. 25 of 2019 s. 62.] 40A. Duplicate licence, certificate of registration or triennial certificate If a licence, certificate of registration or triennial certificate has been lost or destroyed, the Commissioner may issue a duplicate licence, duplicate certificate of registration or duplicate triennial certificate on payment by the holder of the prescribed fee. [Section 40A inserted: No. 23 of 2014 s. 74.] 40B. Licensee to comply with prescribed educational requirements A licensee must comply with the educational requirements prescribed by the regulations. Penalty: a fine of $5 000. [Section 40B inserted: No. 25 of 2019 s. 49.] 40. Business names, use of by licensees (1) The use of a business name by a licensee is not subject to the approval of the Commissioner but — (a) subject to subsection (2), a licensee may carry on business as an agent under only one business name which shall be endorsed on his triennial certificate; and (b) all licensees carrying on the business of an agent under a business name shall have their surnames and initials on all correspondence from them in that business. (2) A licensee who was, immediately before the appointed day 2 carrying on business as a real estate agent under a business name and as a business agent under another business name may continue to do so but so that he uses only one business name for the business of a real estate agent and only one business name for the business of a business agent, in which case both business names shall be endorsed on his triennial certificate. (3) A licensee who alters the name, style, title, or designation under which he carries on business as an agent shall within 14 days after the day on which he first uses that altered name, style, title, or designation in connection with that business give notice in writing to the Commissioner of the altered name, style, title, or designation. Penalty: $1 000. [Section 40 amended: No. 43 of 1994 s. 11; No. 58 of 2010 s. 134.] 41. Notices to be exhibited at offices; particulars to appear on documents (1) A licensee shall exhibit, and keep exhibited, in a prominent place at his registered office, and at every branch office of his business, so as to be easily read by persons entering therein — (a) a notice of his name, and of the fact that he is a licensed real estate and business agent, together with the name, style, title, or designation under which he carries on business as a real estate agent or a business agent, or both, if that business is, or those businesses are, not carried on in his own name; and (b) in the case of a branch office, a notice of the name of the manager and the address of the registered office of the licensee. (2) On all correspondence, and on the outside of all documents prepared, in the course of business of a licensee at his registered office and every branch office — (a) the licensee shall be identified as a real estate agent or business agent, or both, and the registered office of his business shall be shown; and (b) in the case of a branch office, the manager shall also be identified as a real estate agent or business agent, or both, and the address of the branch office shall also be shown. Part IV — Registration of sales representatives 42. Natural persons only may be registered A certificate of registration as a real estate and business sales representative shall not be granted otherwise than to an individual natural person. 43. Applications for registration (1) An application for a certificate of registration shall be made in writing and in a manner and form determined by the Commissioner in respect of such an application and shall contain such information as is required by the Commissioner in respect of such an application. [(2) deleted] (3) In respect of any particular application the applicant shall furnish the Commissioner with such further information as the Commissioner determines. (4) If the Commissioner is considering making an adverse decision in relation to the application, the Commissioner must give the applicant the opportunity to give additional information in relation to that application. [Section 43 amended: No. 58 of 2010 s. 95 and 134; No. 44 of 2016 s. 32.] 44. Real estate sales representatives must be registered etc. (1) On and after the appointed day 2, a person not being a licensee who is the holder of a current triennial certificate shall not act as, or carry out any of the functions of, a real estate sales representative unless he is the holder of a current certificate of registration and he acts, or carries out those functions, for and on behalf of a licensee who is the holder of a current triennial certificate, or for and on behalf of a developer. Penalty for this subsection: a fine of $25 000. (2) On and after the appointed day 2, a person not being a licensee who is the holder of a current triennial certificate shall not unless he is the holder of a current certificate of registration hold himself out by any means as a real estate sales representative or as being in the employment of, or as acting for or on behalf of a licensee who is the holder of a current triennial certificate as a real estate sales representative, or as being in the employment of, or acting for or on behalf of a developer as a real estate sales representative. Penalty for this subsection: a fine of $25 000. (3) On and after the appointed day 2, a real estate sales representative who is the holder of a current certificate of registration shall not hold himself out by any means as being in the employment of, or as acting for or on behalf of a licensee who is the holder of a current triennial certificate, or as being in the employment of, or as acting for or on behalf of a developer, unless that licensee or developer, as the case may be, is his employer, principal or partner. Penalty for this subsection: a fine of $25 000. [Section 44 amended: No. 43 of 1994 s. 11; No. 25 of 2019 s. 62.] 45. Business sales representatives must be registered etc. (1) On and after the appointed day 2, a person not being a licensee who is the holder of a current triennial certificate shall not act as, or carry out any of the functions of, a business sales representative unless he is the holder of a current certificate of registration and he acts, or carries out those functions for and on behalf of a licensee who is the holder of a current triennial certificate. Penalty for this subsection: a fine of $25 000. (2) On and after the appointed day 2, a person not being a licensee who is the holder of a current triennial certificate shall not unless he is the holder of a current certificate of registration hold himself out by any means as a business sales representative or as being in the employment of, or as acting for or on behalf of a licensee who is the holder of a current triennial certificate. Penalty for this subsection: a fine of $25 000. (3) On and after the appointed day 2, a business sales representative who is the holder of a current certificate of registration shall not hold himself out by any means as being in the employment of, or acting for or on behalf of, a licensee who is the holder of a current triennial certificate unless that licensee is his employer, principal, or partner. Penalty for this subsection: a fine of $25 000. [Section 45 amended: No. 43 of 1994 s. 11; No. 25 of 2019 s. 62.] 46. Partners and directors of licensees to be registered in certain cases On and after the appointed day 2 a person resident in the State, and not being a licensee who is the holder of a current triennial certificate — (a) shall not as a member of a firm that is a licensee and holds a current triennial certificate; or (b) shall not as a director of a body corporate that is a licensee and holds a current triennial certificate, carry out the functions of a sales representative unless he is the holder of a current certificate of registration. Penalty: a fine of $20 000. [Section 46 amended: No. 43 of 1994 s. 11; No. 25 of 2019 s. 62.] 47. Natural persons, grant of certificate of registration to (1) Subject to this Act, an individual natural person who applies to the Commissioner for a certificate of registration as a real estate and business sales representative and pays to the Commissioner the prescribed fee for that certificate shall be granted and may hold a certificate of registration if the Commissioner is satisfied that — (a) he is of or over the age of 18 years; (b) he is a person of good character and repute and a fit and proper person to hold a certificate of registration; (c) he understands fully the duties and obligations imposed by this Act on persons involved in negotiating real estate transactions and business transactions. (2) In subsection (1)(b) fit and proper includes having such qualification by way of experience or otherwise as is prescribed, or, if no qualification is prescribed, includes having such qualification by way of experience or otherwise as is approved. [Section 47 amended: No. 58 of 2010 s. 134.] 48. Certificates of registration, duration and renewal of (1) Subject to this Act, a certificate of registration remains in force for the prescribed period. (2) Subject to this Act a certificate of registration may be renewed for subsequent prescribed periods. (3) An application to the Commissioner for renewal of a certificate shall be — (a) accompanied by the prescribed fee and, in the case of an expired certificate, any additional amount prescribed by way of penalty for a late application; and (b) signed by the sales representative. (4) The Commissioner must not renew a sales representative's certificate of registration unless the Commissioner is satisfied — (a) of the matters in section 47(1)(b) and (c); and (b) that the sales representative was employed by a licensee at the time of making the application or will be employed by a licensee upon the renewal of the certificate. [(5) deleted] [Section 48 amended: No. 56 of 1995 s. 42; No. 34 of 1998 s. 12; No. 55 of 2004 s. 1009; No. 58 of 2010 s. 134; No. 25 of 2019 s. 50.] 49. Certificates of registration, late renewal of (1) If a certificate of registration is renewed after, but within 28 days of, the day on which it expired, the renewal shall be taken for all purposes to have taken effect on the day immediately succeeding the day on which it expired. (2) Where a certificate of registration is renewed more than 28 days but not more than 12 months after the day on which the certificate of registration expired and the sales representative satisfies the Commissioner that there is reasonable cause for the renewal to be deemed to take effect for the prescribed period on and from the day next succeeding the day on which the certificate of registration expired, the Commissioner shall so determine and the renewal shall take effect accordingly. (3) Where a certificate of registration expires and is not renewed within the period of 12 months thereafter, an application for a renewal shall be made at least 28 days prior to the date on which it is intended the renewal shall take effect unless the applicant satisfies the Commissioner that there is reasonable cause for the application being made out of time. (4) An application for renewal referred to in subsection (3) shall be made in writing and in a manner and form determined by the Commissioner in respect of such an application and shall contain such information as is required by the Commissioner in respect of such an application. [(5) deleted] (6) In respect of any particular application referred to in subsection (3) the applicant shall furnish the Commissioner with such further information as the Commissioner determines. (7) If the Commissioner is considering making an adverse decision in relation to the application, the Commissioner must give the applicant the opportunity to give additional information in relation to that application. [Section 49 amended: No. 56 of 1995 s. 43; No. 58 of 2010 s. 96 and 134; No. 44 of 2016 s. 33.] 50. Conditions on certificates of registration (1) It is a condition of every certificate of registration that the registered sales representative must comply with the provisions of this Act and the code of conduct for sales representatives. (2) It is a condition of every certificate of registration that the registered sales representative must comply with any special condition to which the sales representative's certificate of registration is subject under section 50AA. [Section 50 inserted: No. 25 of 2019 s. 51.] 50AA. Imposing special conditions on certificates of registration (1) In this section — registered sales representative includes an applicant for a certificate of registration. (2) The Commissioner may, at any time, impose a special condition on a certificate of registration. (3) Before imposing a special condition on a certificate of registration, the Commissioner must — (a) give a registered sales representative notice in writing setting out — (i) that the Commissioner proposes to impose the special condition; and (ii) the reasons for the proposed decision; and (iii) that the registered sales representative may make submissions to the Commissioner in relation to the proposed decision within the time specified in the notice; and (b) consider any submissions received under paragraph (a)(iii). (4) Subsection (3) does not apply if the special condition to be imposed on the certificate of registration restricts the type of work that may be performed under the certificate because the sales representative does not have a particular qualification that the sales representative is required to have under section 47(2) to perform the work. (5) After making a decision under subsection (2), the Commissioner must — (a) notify the registered sales representative of the Commissioner's decision; and (b) if the decision is to impose a special condition on the certificate of registration, give the registered sales representative notice in writing setting out — (i) the reasons for the decision; and (ii) that a person aggrieved by the Commissioner's decision may apply to the State Administrative Tribunal for a review of the decision under section 23. [Section 50AA inserted: No. 25 of 2019 s. 51.] 50AB. Removing special conditions on certificates of registration (1) The Commissioner may remove a special condition imposed on a registered sales representative's certificate of registration — (a) at any time; or (b) on application by the registered sales representative. (2) If a registered sales representative makes an application under subsection (1)(b), the Commissioner must, before deciding not to remove the special condition on the registered sales representative's certificate of registration — (a) give the registered sales representative notice in writing setting out — (i) that the Commissioner proposes to make a decision not to remove the special condition; and (ii) the reasons for the proposed decision; and (iii) that the registered sales representative may make submissions to the Commissioner in relation to the proposed decision within the time specified in the notice; and (b) consider any submissions received under paragraph (a)(iii). (3) After making a decision on an application by a registered sales representative, the Commissioner must — (a) notify the registered sales representative of the Commissioner's decision; and (b) if the decision is to not remove the special condition, give the registered sales representative notice in writing setting out — (i) the reasons for the decision; and (ii) that a person aggrieved by the Commissioner's decision may apply to the State Administrative Tribunal for a review of the decision under section 23. [Section 50AB inserted: No. 25 of 2019 s. 51.] 50A. Unopposed applications (1) Subject to this Part, a certificate of registration may be granted or renewed (as long as special conditions are not imposed or changed) by the Commissioner without notice to the applicant. (2) Where the Commissioner performs a function under subsection (1), the Commissioner shall forthwith deliver the certificate of registration or the renewed certificate of registration, as the case may be, to the applicant. [Section 50A inserted: No. 55 of 2004 s. 1010; amended: No. 58 of 2010 s. 97 and 134.] 50B. SAT may suspend registration in some cases (1) Where the State Administrative Tribunal makes an order against a sales representative and payment is not made in accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may suspend the registration until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit. (2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by Part VII or by the State Administrative Tribunal Act 2004. [Section 50B inserted: No. 55 of 2004 s. 1010.] 50C. Sales representative to comply with prescribed educational requirements A sales representative must comply with the educational requirements prescribed by the regulations. Penalty: a fine of $5 000. [Section 50C inserted: No. 25 of 2019 s. 52.] 51. Registered sales representatives to notify Commissioner of certain changes (1) A registered sales representative shall, within 14 days after commencing or ceasing in the employment of, or to act for or on behalf of, a licensee or a developer, as the case may be, as a sales representative, give to the Commissioner notice in writing of that fact and such further particulars thereof as are prescribed or as are required by the Commissioner. (2) A registered sales representative shall give to the Commissioner notice in writing of any change in the address of the registered sales representative as soon as practicable after that change takes place. [Section 51 amended: No. 56 of 1995 s. 45; No. 58 of 2010 s. 134.] 52. Certificate of registration not transferable (1) A certificate of registration is not transferable. (2) A registered sales representative shall not in any way permit or hold himself out as being willing to permit, another person to use the certificate of registration of the registered sales representative. Penalty: $3 000. [Section 52 amended: No. 43 of 1994 s. 11.] 53. Certificate of registration, surrender of (1) A person may at any time surrender a certificate of registration held by him and shall do so if he ceases to have the qualifications for holding the certificate of registration. (2) Despite the surrender by a person of a certificate of registration, this Act applies, for the purpose of e