Under the Land Agents Act 1994 (SA), what are the consequences of carrying on business as a land agent without being registered?
Correct Answer
C) Heavy monetary penalties, with imprisonment possible for repeat offences, and no commission
Section 6 of the Land Agents Act 1994 (SA) makes it an offence to carry on business, or hold oneself out, as an agent without registration. The maximum penalty is a substantial fine for a first or second offence by an individual, a fine or imprisonment or both for a third or later offence, and a larger fine for a body corporate. An unregistered person is also not entitled to commission, and commission paid can be recovered.
Why This Is the Correct Answer
Section 6 of the Land Agents Act 1994 (SA) sets heavy fines for unregistered practice, with imprisonment available for an individual's third or later offence. An unregistered person also cannot claim commission, and commission already paid can be recovered.
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