Department of Justice and Community Safety

APPLYING FOR A CONDITIONAL REAL ESTATE AGENT LICENCE TO SELL LAND BY AUCTION- SOLE-TRADER OR PERSONAL

ARE YOU ELIGIBLE FOR THIS LICENCE?

The Agents Act 2003 and Agents Regulation 2003 determine eligibility for a licence for a conditional real estate agent to sell land by auction. 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 09AG), "relevant offence" means any offence involving dishonesty.

APPLICATION FORMS

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 CRA
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)

Download

Conditional Real Estate Licence (Personal) Application Package (includes all of the above forms plus instructions)

QUALIFICATIONS

Regulation 6(3) of the Agents Regulation 2003 defines the qualifications for obtaining a conditional real estate licence (see Form 20). A person has the qualifications for a real estate agents licence to only sell land by auction if the person has a statement of attainment, or qualification, issued by a registered training organisation certifying that the person has competency in the unit of competency PRDRE26A-conduct property sale by auction. You are required to provide evidence of your attainment of competency, or qualification. If in doubt as to your qualifications please seek legal advice or consult a registered training organisation.

POLICE RECORDS CHECK

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.

You must publish a notice of your intention to apply for a licence (specifying the licence category or categories), in a 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.

MUTUAL RECOGNITION

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.

LICENCE CERTIFICATE

Your licence will be in the form of an A4 paper licence certificate, showing your name, place of business and expiry date.

LICENCE FEES

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

Business & Industry Licensing