Page 662 - Week 03 - Wednesday, 20 May 1992
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The first amendment seeks to omit paragraph 7(a) from the Bill and substitute another paragraph. Paragraph 7(a) of the Bill omits paragraph 9(1)(a) of the Agents Act, which provides that one member of the Agents Board is to be a public servant. If the amendment is accepted, this paragraph will still be repealed but will be replaced by two paragraphs to provide that two members of the board are to be licensed real estate, stock and station or business agents, or appropriately qualified directors of licensed companies; and that two are to be licensed travel agents or, again, appropriately qualified directors of licensed companies. These members are to be appointed by the Minister from nominations received from industry bodies. There will be no increase in the total membership of the board.
The second amendment is technical and consequential on the next amendment. The third amendment adds to section 9 of the Agents Act a new subsection which merely provides that a reference to a licensed agent in the new paragraphs being inserted by the first amendment is to include a reference to the partners of the licensed agent. This amendment is necessary, I am advised, because under the Act only one partner in a business that is a partnership is actually licensed.
Madam Speaker, all States and the Northern Territory were consulted to establish the practices regarding real estate representation and also other representation on licensing boards. The majority formally recognise the respective real estate institutes and other bodies, and one specifies merely industry representation. Only one, Queensland, does not make any formal reference to real estate representation, for example; but the Government there is presently considering such amendments.
In New South Wales, the Real Estate Services Council has 10 members - six represent the real estate agents, stock and station agents, valuers and real estate sales people; the chairman is appointed by the Government and at present happens to be an ex-president of the Real Estate Institute of New South Wales. The legislation of New South Wales specifies that the various professional organisations, including the Real Estate Institute, will put forward a panel of names for the Minister to choose from.
In Victoria, the Estate Agents Board has eight members and includes three from real estate agents and one from stock and station agents. The legislation in Victoria specifies that the various professional bodies, including the Real Estate Institute of Victoria, will put forward a panel of names for the Minister to choose from - similar to New South Wales.
As I said before, Madam Speaker, in Queensland, the Agents Committee comprises eight members, and covers motor traders as well, I am advised. There is no specific requirement for representation, but there is an informal consultation arrangement with the Real Estate Institute of Queensland regarding appointments of real estate representatives at present. The Government there is considering a proposal to formalise such consultation, possibly through the Real Estate Institute of Queensland putting forward a panel of names, once again.
In Tasmania, there are eight members on the board, including five real estate practitioners. The legislation requires the Minister to consult with the Real Estate Institute of Tasmania in making appointments. South Australia has its Commercial Tribunal of three, one of whom is a real estate practitioner. The legislation specifies that there will be real estate representation on the board, and the Real Estate Institute of South Australia is consulted informally.
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