Real estate agent licensing by state: NSW, Vic, Qld and WA requirements

Licensing statutes by state

Each state and territory in Australia governs real estate agent licensing through specific legislation. New South Wales operates under the *Property and Stock Agents Act 2002*, with administration handled by NSW Fair Trading and the Building Commission NSW. Victoria’s legislation is the *Estate Agents Act 1980*, overseen by Consumer Affairs Victoria and the Business Licensing Authority. Queensland utilises the *Property Occupations Act 2014*, administered by the Office of Fair Trading, while Western Australia’s framework is the *Real Estate and Business Agents Act 1978*, managed by Consumer Protection (DMIRS).

Other states and territories have their own legislative frameworks: South Australia uses the *Land Agents Act 1994*; the Australian Capital Territory uses the *Agents Act 2003*; and the Northern Territory uses the *Agents Licensing Act 1979*. Agents must be aware of ACL misleading and deceptive conduct (s18, s29) obligations regardless of the state in which they operate.

Mutual recognition arrangements exist between participating states and territories, allowing licensed agents to work across borders. However, certain restrictions apply to these arrangements; for example, electrical and Queensland real estate licences are excluded from Automatic Mutual Recognition.

NSW Class 1 and Class 2 licences

NSW real estate agent licences are divided into two classes: Class 1 and Class 2, as defined under the Property and Stock Agents Act 2002. A Class 1 licence allows an individual to act as a Licensee-in-Charge, while a Class 2 licence does not permit supervision of a trust account. All real estate agents must adhere to ACL consumer guarantees when providing services.

To obtain a Class 2 licence, applicants must hold a Certificate IV in Real Estate Practice (CPP41419) and demonstrate 12 months of work experience as an Assistant Agent. Individuals working as Assistant Agents are required to complete four prescribed units of competency from the Certificate IV before being employed. Progression to a Class 1 licence requires holding a Diploma of Property (Agency Management) and a minimum of two years’ experience as a Class 2 agent.

All NSW real estate agents are subject to mandatory Continuing Professional Development annually, as outlined in the Property and Stock Agents (Qualifications) Order 2019. This ensures agents maintain a current understanding of relevant legislation and best practices.

Victorian Estate Agent and Agent's Representative

Victorian legislation differentiates between a licensed Estate Agent and an Agent's Representative. An Estate Agent may operate an agency, whereas an Agent's Representative must be employed by a licensed Estate Agent and is not permitted to run an independent agency. Unfair contract terms 2026 penalties

To obtain an Estate Agent licence under section 14 of the Estate Agents Act 1980, applicants require a Diploma of Property (Agency Management) and a minimum of 12 months' full-time experience as an Agent's Representative. An Agent's Representative, as defined by section 16, must complete prescribed units of the Certificate IV in Real Estate Practice.

Section 16 also outlines disqualifications for becoming an Agent's Representative. This includes convictions within the last 10 years (in Australia or overseas) for offences involving fraud, dishonesty, drug trafficking, or violence punishable by imprisonment of 3 months or more. Employers are also obligated to obtain and retain police certificates for each Agent's Representative for a minimum of 2 years following the end of employment.

Queensland Property Occupations Act 2014 and WA

The *Property Occupations Act 2014* governs real estate agent licensing in Queensland. This legislation establishes separate licences for Real Estate Agent, Resident Letting Agent, Auctioneer and Property Developer roles. To be eligible for a Real Estate Agent licence, applicants must demonstrate completion of the prescribed units of CPP41419 Certificate IV in Real Estate Practice. [Country of origin labelling Australia] is a separate consideration.

Queensland does not offer Automatic Mutual Recognition for real estate work. Interstate agents wishing to work in Queensland must apply for a Queensland licence, rather than relying on recognition of prior licensing. This differs from some other states.

Western Australia’s regulatory framework is outlined in the *Real Estate and Business Agents Act 1978*. Real estate agents in Western Australia must hold both a Diploma of Property qualification and a Triennial Certificate, which is renewed every three years. The Act also differentiates between a Real Estate Agent and a Sales Representative; Sales Representatives are registered, not licensed.