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ESTATE AGENTS (GENERAL, ACCOUNTS AND AUDIT) (AMENDMENT) REGULATIONS 2005 (SR NO 108 OF 2005) - REG 10

New Form 3 inserted into Schedule

r. 10

In the Schedule to the Principal Regulations, after Form 2 insert

"FORM 3

Regulation 51

EMBARGO NOTICE

Estate Agents Act 1980

Section 70O

    (1)     The item described below has been embargoed under section 70O of the Estate Agents Act 1980 .

    (2)     Section 70O(2) provides that a person who knows that an embargo notice relates to a thing and who—

        (a)     sells; or

        (b)     leases; or

        (c)     without the written consent of the inspector who issued the embargo notice, moves; or

        (d)     transfers; or

        (e)     otherwise deals with—

the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 25 penalty units.

    (3)     Section 70O(3) provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it.

    (4)     Section 70O(4) provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void.

Description of embargoed item—

This notice has been—

o     served on (name)

o     affixed to the item described above

Signature of inspector

Name of inspector

Telephone number Date Time             ".

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