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Legislative Assembly for the ACT: 2000 Week 1 Hansard (15 February) . . Page.. 70 ..
(4) Where an officer engages a landbroker, that is to say, a person duly licensed or authorized under the law of a State for transacting business under the provisions of a law relating to the registration of titles to land, to act for the officer in connection with the sale or purchase of a dwelling-house, the mortgaging of land or the discharge of a mortgage -
(a) the provisions of this Division apply as if the officer had engaged a solicitor to act accordingly; and
(b) in the application of those provisions, references to professional costs and disbursements shall be read as references to charges and disbursements.
4.2 Allowance for sale of home
4.2(1) Subject to this clause, an officer to whom this Division applies is entitled to be paid an allowance calculated in accordance with subclause (2) if, within the relevant period for sale, the officer sells the dwelling-house in which the officer ordinarily resided immediately before being notified of transfer to another locality, being a dwelling-house owned by the officer, or sells, after the expiration of the relevant period for sale, such a dwelling-house in pursuance of an agreement entered into before the expiration of that period.(2) Subject to subclause 4.6(2), the allowance an officer is entitled to be paid under subclause (1) in relation to the sale of a dwelling-house is an amount equal to the sum of such of the following expenses as are incurred by the officer -
(a) if the officer engaged an agent to sell the dwelling-house on behalf of the officer and the officer duly paid to the agent an amount for the commission and other monies in respect of the sale of the dwelling-house - an amount not exceeding the amount of the commission and other monies that were reasonably incurred and would have been payable, if the amount were calculated in accordance with the appropriate scale, to the agent in respect of the sale of the dwelling-house, other than commission or other monies paid in connection with a second or subsequent unsuccessful auction;
(b) if the officer engaged a solicitor to act for the officer in connection with the sale of the dwelling-house and the officer duly paid to the solicitor an amount for professional costs and disbursements - an amount not exceeding the amount of the professional costs and disbursements that were reasonably incurred and would have been payable, if the amount were calculated in accordance with the appropriate scale, to the solicitor in respect of the sale of the dwelling-house;
(c) if the land on which the dwelling-house is erected was subject to a mortgage and the mortgage was discharged on the sale -
(i) in a case where the officer is required to pay the amount of the expenses incurred by the mortgagee in respect of the discharge of the mortgage - the amount duly paid by the officer; or
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