Court prosecution (Offences)

Section 

Offence 

Maximum Penalty 

28(2) 

Holding out or acting as estate agent without licence 

Fine not exceeding $75,000 or to imprisonment for a term not exceeding 3 years or to both and in the case of a continuing offence, to a further fine not exceeding $7,500 for every day or part thereof during which the offence continues after conviction 

29(3) 

Holding out or acting as salesperson without registration 

Fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both 

33(6) 

Submitting false documents or making a statement which is false or misleading in any material particular in any application for grant or renewal of a licence 

Fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both 

34(7) 

Submitting false documents or making a statement which is false or misleading in any material particular in any application for registration or renewal of registration 

Fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both 

37(6) 

Failure to notify Council of change in registered address within 14 days of cessation 

Fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction 

39(2) 

Estate agent appointing, associating with, employing or continuing to employ as a salesperson any person who for the time being is not a registered salesperson 

Fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction for each salesperson 

40(3) 

Salesperson making false representation to the effect that the salesperson is employed by or authorised to act as a salesperson for any specified estate agent 

Fine not exceeding $5,000 

41(3) 

Salesperson operating without written agreement with estate agent or estate agent permitting salesperson to carry out estate agency work without written agreement 

Fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction 

43(6) 

Failure to give notice of certain events 

Fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction 

 43A(3) 

Failure to submit, without reasonable excuse, a report or document on prescribed particulars of completed property transactions and any supporting document, as required by CEA 

Fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction 

 43A(4) 

Submission of a report or document on prescribed particulars of completed property transactions or any supporting document, as required by CEA, containing information which the estate agent or salesperson knows is false or misleading 

Fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction 

64(1)(a) 

Making false statements or intentionally suppressing any material fact in relation to any application under the EAA 

Fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both 

64(1)(b) 

Fails, neglects or refuses to comply with a requirement or notice of a CEA inspector without reasonable excuse 

Fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both 

 64(1)(ba) 

Provides any information, document or statement that the person knows is false or misleading in any material particular, in response to a requirement or notice of a CEA inspector  

Fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both 

 64(1)(bb) 

Provides any information, document or statement that is misleading by intentional suppression of any material fact 

Fine not exceeding $50,000 or imprisonment not exceeding 24 months or to both 

64(1)(c) 

Obstructing or impeding the Council, any officer of the Council or any inspector lawfully carrying out any function or duty in the exercise of any power conferred by or under the EAA 

Fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both 

64(1)(d) 

Refuses or neglects, without reasonable excuse, to attend a hearing of the Disciplinary Committee or Appeals Board, or otherwise hinders, obstructs or deceives the Disciplinary Committee or Appeals Board 

Fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both 

65(4) 

Failing to comply with any requisition issued by the Council without reasonable excuse 

Fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction 

65(5) 

Providing the Council with any information or document which he or she knows is false or misleading, in compliance or purported compliance with any requisition issued by the Council 

Fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction