The Agents Act 2003 and Agents Regulation 2003 determine eligibility for a real estate agent, business agent and stock and station agent. You can find the Act and the Regulation on the following website: www.legislation.act.gov.au

• You must be an adult (18 years of age or older)
• You must have the prescribed qualifications (see Form 20)
• You must not be disqualified from being licensed.

Section 27 of the Agents Act 2003 lists those matters that will disqualify you from being licensed - please refer to the section. This includes bankruptcy and any conviction for an offence involving dishonesty. For the purpose of answering questions in the statutory declaration (Form 09 AG), "relevant offence" means any offence involving dishonesty.

There are a number of forms you must complete and lodge with the Office of Regulatory Services, Business and Industry Licensing Unit:

• Application form front page - Form 01 RAP (real estate); Form 01 BAP (business); Form 01 SAP (stock & station)
• Personal particulars form - Form 04 (this also requires 2 forms of personal identification - see Infotext G 01)
• Statutory declaration for an agent licence or salesperson registration - Form 09 AG
• National Police Check from the Australian Federal Police
• Statutory declaration for mutual recognition (only if you hold the same type of licence interstate - see below) - Form 13
• Additional particulars (about qualifications, licensed employer and advertisement in newspaper) – Form 20
• Premises particulars - Form 24 AG (if you intend to operate your own business in the ACT

Downloads

Real Estate Agent, Business Agent and Stock & Station Agent Licence (Sole Trader or Personal) Application Package - includes all of the above forms plus instructions

Business Agent Licence Application Front Page (Form 01 BAP) - required if you also wish to register as a business agent)

Stock & Station Agent Licence Application Front Page (Form 01 SAP) - required if you also wish to register as a stock & station agent)

Regulation 6 and Schedule 1 of the Agents Regulations 2003 define the qualifications for obtaining a licence. Briefly, this is certification by a registered training organisation that you have competency in each of the units of the Property Development and Management Training Package
(PRD01) approved by ANTA. There are 31 units in this package. Underpinning knowledge must be based on ACT law. Please refer to Schedule 1 of the Regulation for full details of these units. If in doubt as to your qualifications you should seek professional legal advice or consult a registered training organisation.

You must obtain and lodge with us a National Police Check. You must apply to the Australian Federal Police for this report. It may take several weeks for you to obtain this report from the AFP.

We will NOT license you until we have received the police records check and have determined that you are eligible for the relevant licence.

If you have any convictions or finding of guilt in a court, whether Magistrates, Children’s or other courts, recorded against you, whether in the ACT or any other state, territory or country, you must declare these on the police consent form. The rule of "spent convictions" applies. Details of convictions or findings of guilt that have become "spent" will not be provided to us by the Australian Federal Police.

ADVERTISEMENTYou must publish a notice of your intention to apply for a licence (specifying the licence category or categories), in a daily daily ACT newspaper, before you apply for a licence (see suggested wording for this on the rear of Form 20). You must lodge your application within 10 business days after the notice is published and include a copy of the page on which your notice of intention is published.

If you hold a current licence of the same type in another State or Territory you may apply for a licence in the ACT under the “mutual recognition” principles. You must complete a statutory declaration for mutual recognition (Form 13) and have your declaration witnessed. You must provide us with a certified copy of your interstate licence. We will make inquiries with the interstate licensing authority to confirm your status. This may take several days.

Your licence will be available in either or both of 2 options - an A4 paper licence certificate, showing your name, place of business and expiry date; or a plastic photo ID card with your name, photo and expiry date.

We will advise you about the fees and the method of payment. We will contact you when the period for objections to be lodged has passed and the Commissioner for Fair Trading has determined your eligibility to be licensed. Licenses expire annually on 30 June.