New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 7 July 2003
- Act 28 of 1941
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. (Repealed)
3. Definitions
4. Act not to apply to certain persons or bodies
5. Repeal of certain Acts
PART 2 - (Repealed)
PART 3 - REAL ESTATE AGENTS, STOCK AND STATION AGENTS, BUSINESS AGENTS, STRATA MANAGING AGENTS, COMMUNITY MANAGING AGENTS AND ON-SITE RESIDENTIAL PROPERTY MANAGERS
Division 1 - Licences
20. Agents to be licensed
21. Each separate place of business to be in charge of licensee
22. Licences
22A. Phasing in of 3-year licences
23. Procedure
23A. Restoration of licence by Director-General
23B. Objection to application for restoration of licence
23C. Effect of decision on application for restoration of licence
24, 25. (Repealed)
26. Interstate licences
27, 28. (Repealed)
29. Cancellation of licence
29A. Disqualification of former licensees etc
30. Register to be kept by Director-General
30A. Commencement of certain determinations and orders
31. Appeal
Division 2 - Licensees generally
32. Effect of disqualification on membership etc of corporation
33. Failure to deliver up licence
34. Registered office and address
35. Publication of name of licensee
36. Money to be paid to trust account
36AA. Determination of trust account rate
36AB. Prescribed percentage of trust account rate
36AC. Interest earned on trust accounts to be paid to Statutory Interest Account
36AD. Bank, building society or credit union to provide Director-General with certain information
36AE. Sections 36AC and 36AD not to apply to certain accounts
36AF. Offences by banks, building societies and credit unions
36A. Unclaimed trust moneys held by a licensee
36B. Unclaimed trust moneys held by a former licensee
36C. Disposal of unclaimed money in trust accounts
36D-36F. (Repealed)
37. Banks, building societies and credit unions to be relieved from liability in certain cases
38. Record to be kept
38A. Furnishing of particulars of trust account or transactions
38B. Inspection of records
38C. Power to obtain books or records
38D. Audit of licensees' books and other records
38E. Qualifications and duties of auditors
39. Certain persons not to be employed by licensees
39AA. Procedure for approvals under sec 39
39A. Licensee not to share commission etc with certain persons
39B. Subagency agreements etc to be in writing
40. Production of licence
41. Licensee not to lend licence
42. Provisions as to commission etc
42AA. Agency agreements to be in writing
42A. Review of commissions, fees etc
43. Publication of name and place of business in advertisements
43A. Business names
Division 3 - Auctioneers
44. (Repealed)
45. Collusive practices at auction sales
46. Entry by auctioneer or employee in record or book kept by auctioneer as purchaser of land or livestock sold by auction of any name other than the name of the actual successful bidder
47. Notice of material parts of secs 45 and 85C to be given at auction sale
48. Misrepresentation as to quality etc
49. Bidding by seller or auctioneer or persons on their behalf
50. Livestock auctions: "comeback" prohibited
Division 4 - Business agents
50A. (Repealed)
50B. Records to be kept by business agent
50C. (Repealed)
50D. Agents for sale of businesses to be authorised in writing
50E-50H. (Repealed)
Division 5 - Stock and station agents
50I. (Repealed)
Division 6 - (Repealed)
Division 7 - Strata managing agents and community managing agents
50K. Definitions
50L. Production of certain instruments
PART 4 - REAL ESTATE SALESPERSONS, STOCK AND STATION SALESPERSONS, BUSINESS SALESPERSONS AND TRAINEE MANAGING AGENTS
Division 1 - Interpretation
51. Definitions
Division 2 - (Repealed)
Division 3 - Real estate salespersons, stock and station salespersons, business salespersons and trainee managing agents
56. Persons required to be registered
56A. (Repealed)
57. Procedure
58. Register to be kept by Director-General
58A. Registration of supervising licensees
59. Registered employer and registered address
60. Cancellation of certificate of registration
60AA. Disqualification of former certificate of registration holders
60A. Commencement of certain determinations and orders
61. Appeal
62. Production of certificate of registration
63. Holder not to lend certificate of registration
63A. Failure to deliver up certificate
PART 4A - PROPERTY SERVICES STATUTORY INTEREST ACCOUNT
63B. Statutory Interest Account
63C. Money payable to Statutory Interest Account
63D. Application of money in Statutory Interest Account
63E. Application of money for purposes of certain Acts
63F. Application of money for the purposes of the Fair Trading Act 1987
63G. (Repealed)
63H. Application of money for the purposes of Strata Schemes Management Act 1996
PART 5 - (Repealed)
PART 6 - COMPENSATION FUND
Division 1 - Establishment and management
64A. Compensation Fund
64B. Money payable to Compensation Fund
64C. Application of money in Compensation Fund
Division 2 - Contributions and levies
64D. Contributions
64E. Levies
Division 3 - Claims
64F. Definitions
64G. Meaning of "failure to account"
64H. Application of Compensation Fund
64I. Claims against Compensation Fund
64J. Legal proceedings
64K. Maximum recoverable
64L. Aggregate recoverable
64M. Advertisements
64N. Action after advertisement
64O. Subrogation
64P. Production of documents
64Q. Satisfaction of claims and judgments
Division 4 - Examination of accounts of licensees and former licensees
64R. Definitions
64S. Appointment of qualified person to examine licensee's accounts
64T. Confidentiality
64U. Former licensees
65-83. (Repealed)
PART 6A - RECEIVERS
83A. Definitions
83B. Power of Court to appoint receiver in certain cases
83C. Application for appointment of receiver
83D. Copy of order appointing receiver to be served on licensee
83E. Receiver may require delivery of property
83F. Receiver may forbid withdrawal of moneys from financial institution
83G. Receiver may take possession of property
83H. Improperly withdrawing money or destroying or concealing property
83I. Power of receiver to deal with property
83J. Application for directions
83K. Property claimed by licensee
83L. Liens for costs on property held by receiver
83M. Power of Court to order person to appear for examination by receiver
83N. Application for termination of appointment of receiver
83O. Property not dealt with by receiver
83P. Receiver may invest moneys in hands
83Q. Remuneration of receiver and expenses of receivership
83R. Cost of proceedings
83S. Claim or charge against receiver may be paid from Compensation Fund
83T. Re-opening of agreement as to receiver's remuneration
83U. Court may review receiver's expenses
83V. Power of Court to give general directions
83W. Receiver not deemed to be personal representative
83X. Property held by receiver to be free from execution or attachment
83Y. Returns by receiver
PART 7 - GENERAL
84. Offences in connection with the sale of allotments of land
84AA. Proposed contract for sale of residential property
84AB. Contracts for sale of residential property
84AC. Procedure following rescission
84A. Penalty for publishing false or misleading advertisements
84B. Misrepresentation by licensee, salesperson or trainee managing agent
85. Construction of certain agreements
85A. Live stock auctions: warranty as to certain diseases and conditions
85B. Contracting out of prescribed terms and conditions of auction sales
85C. Auction sales: successful bidder to supply information to auctioneer etc
86. Furnishing incorrect particulars in applications
86A. Officers of Department not to disclose information
86B. Service of writs etc
86C. Penalty notices
87. Offences against Act
87A. Time for commencing proceedings
88. Wrongful conversion and false accounts
89. Certificate evidence of licence or registration
90. Civil remedy not affected by proceedings for an offence
91. Corporations
92. Regulations
93. Savings and transitional provisions
SCHEDULE 1
SCHEDULE 2
Schedule 3 (Repealed)