Plate 1 of 6 · The licence
Whose licence is it?
In NSW, Victoria and Queensland, an agent selling a home for someone else must be licensed, or work under a licensed agent as the state’s law allows, and each state publishes a register that can be searched online. The licence that matters most on paper is the one held by whoever signs the agreement: in NSW, an assistant agent cannot enter into an agency agreement at all.
General information, not legal advice. A register is the official record, and this page is not. Search it yourself at NSW Fair Trading’s licence check, Consumer Affairs Victoria’s public register of estate agents or Queensland’s check a licence tool.
The person in the room and the name on the paper
The agent who walks through a home and the licence holder who signs for the agency are not always the same person. Each state draws that line in its own way.
NSW: a certificate is not a licence
Assistant agents hold a certificate of registration, and NSW Fair Trading says that certificate does not let them make an agency agreement themselves. Only the signature of a Class 1 or 2 licence holder makes the agreement legally binding. An assistant agent may still look for clients for the agency, help prepare the agreement and carry out property inspections.
Victoria: a representative acts under written authority
An agent’s representative must have written authority to act for their employer, and the licensed estate agent is responsible for that employee’s professional conduct. Registration is changing. From 25 November 2026 agents’ representatives must hold a direct individual registration; existing representatives who appear on the Business Licensing Authority’s register on 24 November 2026 will be registered automatically.
Queensland: the number is on the form
Part 2 of Form 6, the residential appointment form, records the licensee’s name, licence number and expiry date. Where a corporation is appointed, the form asks for the corporation’s name and licence number; for a sole trader, the individual’s. That gives a seller a number to look up before signing.
Three registers, side by side
| Question | NSW | Victoria | Queensland |
|---|---|---|---|
| Where to look | NSW Fair Trading’s online licence check, or by phone on 13 32 20. | The public register of licensed estate agents, searchable on Consumer Affairs Victoria’s website. | The Office of Fair Trading’s online search tool for licensed industries. |
| What it shows | Whether the agent holds a current licence, and any compliance issues; NSW Fair Trading lists both checks among its steps for choosing an agent. | Among other things: the licence number, dates a licence was granted, surrendered, cancelled or suspended, licence conditions, tribunal or court orders affecting the licence, and claims allowed by the Victorian Property Fund, where the Registrar has notice of them. | The licence number, the licence holder’s name, the type of licence and the date of the last data update, in a “details current at” field. |
| Its limits | The NSW pages this guide read do not describe the check’s limits. | It is a partial extract. A full extract, with all current and historical information about a licensee, is available from the Registrar for a fee, and there may be a short delay before new information appears. | The data is updated overnight, so a change in the last 24 hours may not show, and the results are for information only, not for use as evidence in legal proceedings. |
When a search comes back empty
An empty result is a reason to look again, not yet a finding. Queensland’s Office of Fair Trading says no result may mean the licence has expired, is inactive or has been cancelled, or that it was issued that day and the database has not caught up. Its advice: “Make sure you’ve entered the name and licence number correctly.” For a company, give as much of the name as you can, and leave out blank spaces, commas, full stops and abbreviations such as “pty” or “ltd”. For a person, include their first name to narrow the results.
Victoria’s register shows current registrants by default. Consumer Affairs Victoria says to untick “Only show current registrants” to search for previous ones.
What sits behind a licence
A current licence is the floor, and each state builds on it. In NSW, agents must prove their competency before a licence or certificate is issued, undertake continuing professional development each year and hold professional indemnity insurance that meets the regulations. NSW Fair Trading’s steps for choosing an agent include checking that insurance. In Victoria, from 1 April 2027, licensed estate agents and agents’ representatives must complete at least 5 continuing professional development activities each year.
Acting without a licence is an offence. Since 29 June 2026, NSW’s maximum court-imposed penalties for some offences, including acting as an agent without a licence, reach $110,000 for a corporation and $55,000 for an individual.
Interstate agents
NSW Fair Trading’s trust account page describes interstate licensees who work in NSW under Automatic Mutual Recognition after completing a notification to Fair Trading. For the other states and territories, the home page links each government’s own pages.