Victorian Current Acts

ESTATE AGENTS ACT 1980 - SECT 6B

    (1)     The functions of the Council are—

        (a)     to monitor the operation of this Act and the regulations;

        (b)     to assess the efficiency and effectiveness of regulation of the real estate industry under this Act and the need for further regulation or alternatives to regulation such as de‑regulation or co-regulation;

        (c)     to monitor the provision of services by estate agents and developments in the real estate industry generally;

        (d)     to advise the Minister—

              (i)     in respect of any matter relating to the operation of this Act, including the impact of the deregulation of the charging of commission;

              (ii)     on any matter referred to the Council by the Minister;

              (iii)     in respect of any matter arising under paragraph (a), (b) or (c);

        (e)     to make recommendations to the Minister—

              (i)     on policies relating to the operation of this Act and the regulations;

              (ii)     on policies relating to the real estate industry;

              (iii)     relating to the application of grants under section 76;

        (f)     to recommend to the Minister proposals for the reform of the Act and of the administration of the Act and of any law relevant to the provision of real estate services;

        (g)     to carry out such other functions as are conferred on the Council under this Act or by the Minister by notice published in the Government Gazette.

    (2)     The Council may exercise such powers as are necessary to perform its functions and to achieve its objectives including without limiting the generality of this subsection—

        (a)     to implement policies relating to the administration of this Act;

S. 6B(2)(b) substituted by No. 52/1998 s. 67(a).

        (b)     with the approval of the Minister, to give directions to the Director in respect of the implementation of such policies;

S. 6B(2)(ba) inserted by No. 52/1998 s. 67(a).

        (ba)     to give advice to the Authority in respect of the implementation of such policies;

S. 6B(2)(c) substituted by No. 52/1998 s. 67(a).

        (c)     with the approval of the Minister, to recommend to the Director the making of regulations by the Governor in Council;

        (d)     to monitor and evaluate the effectiveness of any procedures set up to deal with disputes between estate agents or between estate agents and persons dealing with estate agents relating to services or the charging of commission;

        (e)     to recommend ways of improving such procedures;

S. 6B(2)(f) amended by No. 52/1998 s. 67(b), repealed by No. 41/2003 s. 15.

    *     *     *     *     *

        (g)     to exercise such other powers as may be conferred on the Council under this Act.

    (3)     The Council must exercise its powers and perform its functions subject to the direction and control of the Minister.

    (4)     The Minister may give a direction to the Council on policy matters in writing by—

        (a)     issuing a direction to the Council; or

        (b)     approving a policy submitted by the Council to the Minister for approval.

S. 6C inserted by No. 86/1994 s. 3.