State-by-State Reference · Updated 18 May 2026
Licensing rules differ in every Australian state and territory. This reference covers NSW Class 1 and Class 2, VIC Estate Agent's Licence and Agent's Representative, QLD OFT, SA CBS land agents, WA DMIRS triennial certificates, TAS, ACT (Agents Act 2003) and NT — plus principal-in-charge rules, CPD obligations and disqualification triggers.
State-by-State
Regulator: NSW Fair Trading (Property and Stock Agents Act 2002)
Class 1 Licence (Real Estate Agent / Stock & Station / Strata Managing)
Who needs it: Licensee-in-charge of an agency. Required to operate a business, supervise a trust account, and direct Class 2 agents and assistant agents.
Prerequisites: Hold a Class 2 licence for at least 2 years + complete the additional Class 1 qualification units (Certificate IV in Real Estate Practice + Diploma).
Class 2 Licence (Real Estate Agent)
Who needs it: Working agent. Can list, market, sell, and lease under a Class 1 licensee. Cannot operate an agency alone or supervise a trust account.
Prerequisites: Hold an Assistant Agent Certificate of Registration for at least 12 months + complete Certificate IV in Real Estate Practice (CPP41419).
Assistant Agent Certificate of Registration
Who needs it: Entry level. Performs agency work under direct supervision of a Class 1 or Class 2 licensee.
Prerequisites: Complete 5 units of Certificate IV in Real Estate Practice.
CPD obligations
Mandatory CPD per renewal cycle for Class 1 and Class 2. Tier 1 (compulsory) and Tier 2 (elective) hours set annually by Fair Trading. Records must be retained.
Regulator: Consumer Affairs Victoria (Estate Agents Act 1980) / Estate Agents Council
Estate Agent's Licence
Who needs it: Required to operate an estate agency in your own right, sign agency authorities, supervise trust accounts, and act as Officer in Effective Control (OIEC).
Prerequisites: Diploma of Property (Agency Management) CPP51122 + at least 12 months full-time experience as an agent's representative in the past 3 years + good fame and character.
Agent's Representative (employee)
Who needs it: Employed by a licensed estate agent to perform agency work — listing, selling, leasing, property management. Cannot operate or own an agency.
Prerequisites: Complete the 18 prescribed units of CPP41419 Certificate IV in Real Estate Practice (the 'agent's representative' subset of the qualification).
CPD obligations
CPD is not currently legislated for VIC agent's representatives in the same structured-hours form as NSW, but Estate Agents Council and CAV expect ongoing professional development; many agencies impose internal CPD via REIV membership.
Regulator: Office of Fair Trading (Property Occupations Act 2014)
Real Estate Agent Licence (full)
Who needs it: Required to operate as a principal licensee — open and run an agency, hold a trust account, and employ salespeople.
Prerequisites: Complete the prescribed units of Certificate IV in Real Estate Practice + suitability check (criminal history, bankruptcy, prior disciplinary action).
Real Estate Salesperson Registration Certificate
Who needs it: Employed salesperson working under a licensed agent. Lists, markets, sells, and leases — cannot operate an agency or hold a trust account.
Prerequisites: Complete the prescribed entry units of Certificate IV in Real Estate Practice + suitability check.
Resident Letting Agent Licence
Who needs it: Operates a letting agency within a complex (typically holiday/short-stay or permanent residential management) where they live on-site.
Prerequisites: Reduced scope of qualification — specific letting/management units only. Cannot perform full real estate agent work.
CPD obligations
CPD is mandatory for licence renewal — currently 6 hours per year for full agents (subject to OFT updates). Records retained for inspection.
Regulator: Consumer and Business Services (Land Agents Act 1994)
Registered Land Agent
Who needs it: The principal authority to operate as an agency in SA. Authorised to list, market, sell, and manage real estate, and to operate a statutory trust account.
Prerequisites: Diploma of Property (Agency Management) or equivalent + experience requirements + suitability check + PII evidence.
Registered Sales Representative
Who needs it: Employed by a registered land agent to perform agency work. Cannot operate independently.
Prerequisites: Prescribed units of Certificate IV in Real Estate Practice + suitability check.
Property Manager (registered)
Who needs it: Performs property management work under a registered land agent. Specific qualification pathway.
Prerequisites: Prescribed property management units under CBS published requirements.
CPD obligations
CBS publishes CPD requirements for registered land agents and representatives — confirm current hours and topic mix on the CBS website annually.
Regulator: Department of Mines, Industry Regulation and Safety (DMIRS) — Real Estate and Business Agents Act 1978
Real Estate and Business Agent's Licence + Triennial Certificate
Who needs it: Required to operate a real-estate agency in WA. Must hold both the licence and a current Triennial Certificate to legally trade.
Prerequisites: Diploma of Property Services (Agency Management) + 2 years' full-time supervised experience as a registered sales representative + fit-and-proper-person check.
Registered Sales Representative
Who needs it: Employed sales rep. Lists, sells, leases, and manages property under a licensed agent's supervision.
Prerequisites: Certificate IV in Property Services (Real Estate) — WA-specific units + registration with DMIRS.
CPD obligations
DMIRS mandates CPD activities — currently 10 points per calendar year (varies). Triennial Certificate renewal requires evidence of CPD compliance for each year of the prior cycle.
Regulator: Property Agents Board (Property Agents and Land Transactions Act 2016)
Property Agent Licence
Who needs it: Required to operate as a property agent in Tasmania — covers real estate sales, property management, and business agency.
Prerequisites: Diploma of Property qualification + relevant experience + Board approval. Property Agents Trust Fund contribution applies.
Property Representative Registration
Who needs it: Works under a licensed property agent. Cannot operate independently.
Prerequisites: Certificate IV in Real Estate Practice + Board registration.
CPD obligations
CPD obligations set by the Property Agents Board — confirm current cycle requirements directly with the Board.
Regulator: Access Canberra (Agents Act 2003)
Real Estate Agent Licence
Who needs it: Authorised to operate as a real estate agent in the ACT — list, sell, lease, and manage property and to hold a trust account.
Prerequisites: Diploma of Property (Agency Management) + 12 months' relevant experience + suitability and fit-and-proper-person assessment.
Real Estate Agent's Representative Registration
Who needs it: Employed under a licensed agent. Cannot operate independently or supervise trust accounts.
Prerequisites: Certificate IV in Real Estate Practice + registration with Access Canberra.
CPD obligations
CPD requirements applied for licence and registration renewal — currently published by Access Canberra and aligned to industry-standard hours.
Regulator: Agents Licensing Board NT (Agents Licensing Act 1979)
Real Estate Agent's Licence
Who needs it: Required to operate as a real-estate agent in the NT — sales, property management, business agency, and trust account operation.
Prerequisites: Diploma of Property + minimum experience as an Agent's Representative + fit-and-proper-person assessment by the Agents Licensing Board.
Agent's Representative Registration
Who needs it: Employee performing real-estate work under a licensed agent.
Prerequisites: Certificate IV in Real Estate Practice + registration with the Agents Licensing Board.
CPD obligations
CPD requirements published by the Agents Licensing Board — confirm current annual hours and topic categories at renewal.
Cross-state rules
Every state pins agency compliance to one named person. The terminology differs but the substance is consistent across jurisdictions.
Every state requires one nominated person to take responsibility for the agency's licensing, supervision of unlicensed staff, and trust account integrity. The role is called 'licensee-in-charge' (NSW), 'Officer in Effective Control' (VIC), 'principal licensee' (QLD), or similar elsewhere. The named individual is personally liable for compliance breaches.
Most states require a separate licensee-in-charge (or branch manager qualifying for the role) at each branch office. You cannot run multiple branches with one principal stretched across all of them.
Being a company director does not automatically license you to perform agency work. The director-licensee distinction matters in audit and disciplinary contexts — make sure every person performing agency work holds the appropriate licence or registration in their own name.
What stops a licence
Fit-and-proper-person assessments apply at first application and every renewal. These are the most common reasons new applications and renewals get blocked.
Indictable offences — particularly fraud, theft, dishonesty, drug trafficking, and offences against trust-account legislation — are common automatic disqualifiers or trigger fit-and-proper-person review.
Most states refuse or cancel licences for undischarged bankrupts, given the trust-account fiduciary duties. Discharge timing and disclosure matter.
Material breaches of trust-account legislation — deficit balances, unauthorised disbursements, false reconciliations, missing audit reports — trigger disciplinary action up to and including licence cancellation.
Disciplinary findings by another state's regulator or by a previous licensing authority are typically disclosable and considered at renewal.
Falling short of mandated CPD hours blocks renewal in jurisdictions where CPD is a statutory condition (NSW, QLD, WA, and others).
Set a calendar reminder 60 days before renewal — most state regulators charge late fees and some allow only a short grace period before the licence lapses entirely. A lapsed licence means you cannot trade until reissued.
Keep a running register of CPD activities — date, topic, hours, provider, certificate. Many CPD audits select agents at random; being unable to produce evidence is the trigger for renewal refusal, not the underlying training.
Past bankruptcy, traffic infringements above a threshold, spent convictions disclosure rules — when in doubt, disclose. Non-disclosure discovered later is far more damaging than the underlying matter itself.
Moving interstate? Mutual recognition lets you apply for the equivalent licence without redoing qualifications — but you still need to apply, evidence your current licence, and meet state-specific fit-and-proper requirements. Plan 4–8 weeks.
Generally no — each state and territory has its own licence and registration system. Mutual recognition under the Mutual Recognition (Australian Capital Territory) Act and Commonwealth mutual recognition arrangements does let you apply for an equivalent licence in another state without redoing all qualifications, but you still need a separate licence in each state you operate in.
Realistic timeline: 6–18 months end-to-end. The qualification (Certificate IV or Diploma) takes 6–12 months part-time or 3–6 months full-time. Supervised experience requirements add 12 months in most states for the full agent's / principal licence. The licence application itself processes in 4–12 weeks depending on state.
Roughly speaking, 'agent' (or principal / licensee-in-charge / land agent) is the senior licence holder authorised to operate an agency. 'Agent's representative' (or salesperson, sales rep, certificate of registration holder) is an entry-tier employee licence that authorises agency work only under the supervision of a senior licensee. You cannot operate your own agency on an agent's representative ticket.
Most states issue a single real-estate licence that covers both residential sales and property management. WA, QLD, and SA carve out specialty registrations (e.g., resident letting agent, property manager) in some cases. Stock and station (rural) and strata management are separately licensed in NSW and several other states.
Your individual licence (Class 1, Estate Agent's Licence, etc.) is yours and continues until renewal — but if you've been the named licensee-in-charge of a closing agency, you must notify the regulator and finalise trust account audits. Closing an agency without a final trust audit is a common disciplinary trigger.
In most states, yes — they are separately regulated. However, conflict-of-interest rules apply: in many transactions you must disclose if you are acting in dual capacity and decline one role if the conflict cannot be managed. Some states impose restrictions on real estate agents acting as conveyancers in the same transaction.
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Last reviewed and updated: by Bishal Shrestha
About the author
Founder & CEO, OneBookPlus
Bishal has over a decade of experience in digital marketing, web development, and small business consulting across Australia. He has guided new agency principals through Class 1, Estate Agent's Licence, and Agent's Representative pathways across every Australian state.
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