The Real Estate and Business Agents Act 1978 (The REBA Act) and Residential Tenancies Act 1987 (the RTA Act) imposes serious obligations on the real estate industry and the way it operates. Failing to meet those obligations can result in the Department issuing an infringement notice (also referred to as a modified penalty), prosecuting offending licence or registration holders before a Court, or initiating disciplinary action in the State Administrative Tribunal (SAT).
Only a Court can issue the penalties listed in each Act, but where the Department believes there is sufficient basis for a belief that an offence was committed it may issue an Infringement Notice. The current maximum penalty for an Infringement Notice can be as high as $4,000.
The SAT has the power to suspend or cancel an agent’s licence or a sales representatives’ registration in some circumstances where the conduct contravenes the law and prejudices, or may prejudice, any rights or interests of a party to a transaction.
The SAT may impose a fine based on an allegation up to 12 months after the day on which an agent had surrendered a licence or triennial certificate or ceased to be licensed or hold a triennial certificate.
Agents should read the following lists of infringements in context with the full provisions of the Act and Regulations.
The following tables outlines offences for which an infringement notice may be given under each Act.
Infringement notices for residential tenancy matters may also be issued to lessors, tenants and database operators.