Legal Update Alert: Big News for ACT Agents – Record Keeping Just Got Easier!

If you’re a real estate agent working in the ACT, there’s a legal update you’ll want to know about—and it’s actually good news! The rules around how and where you keep your records have changed, and they’ve finally caught up with the digital age. 

Let’s break it down in plain English so it’s easy to understand (even if you haven’t had your morning coffee yet). 

What Was the Old Rule? 

Under the Agents Act 2003 (ACT), agents were required to keep all their records at their main place of business. That meant physical files, folders, and paperwork had to be stored on-site—unless you got special permission from the Commissioner for Fair Trading to keep them somewhere else. 

Now here’s the tricky part: even if you were using digital records (like cloud storage or a property management system), those technically weren’t “on-site.” So, you’d usually need to apply for an exemption just to use modern tools. Not exactly convenient, right?  

What’s Changed? 

Thanks to the Better Regulation Legislation Amendment Act 2025, the law has been updated to reflect how businesses actually operate today. 

Now, section 128(b) of the Agents Act 2003 (ACT) provides that agents can keep records in three ways: 

1. At your main place of business (just like before);  

2. In an electronic form that is immediately accessible at your main place of business; or 

3. In another way, if the Commissioner for Fair Trading agrees in writing. 

This means if you’re using a cloud-based system or digital platform, and you can access those records quickly from your office, you’re good to go—no exemption needed. 

What Does “Immediately Accessible” Mean? 

This is the key phrase in the new law. It means that if someone (like a regulator or auditor) asks to see your records, you should be able to pull them up on the spot from your office. 

So, if your records are stored in a secure cloud system and you can log in and show them from your computer at work, that counts. But if they’re stored on a USB in your drawer at home or on a server that takes hours to access, that might not cut it. 

The goal here is transparency and efficiency—making sure agents can still be held accountable, while also embracing modern tech. 

What Should You Do Now?  

Here’s a quick checklist to make sure you’re on the right side of the law: 

• Review your current record-keeping system. Are your records stored digitally? Can you access them instantly from your office? 

• Talk to your software provider. Make sure your platform meets the “immediately accessible” requirement. 

• Update your internal policies. If you’ve been relying on an exemption, you might not need it anymore—but it’s still smart to document how you’re complying with the new rules. 

• Train your team. Everyone should know where records are kept and how to access them quickly.

Key Takeaways 

• Old rule: Records had to be kept at your main office unless you had an exemption. 

• New rule: You can now keep records digitally, as long as they’re immediately accessible from your office. 

• Still need permission if you want to store records in a different way (e.g., off-site with no digital access). 

• Make sure your systems and staff are ready to meet the new requirements. 

Next Steps

This update is a win for agents who’ve embraced digital tools—but it’s still your responsibility to make sure you’re compliant. 

Need help reviewing your record-keeping setup? Our legal team specialises in real estate compliance and can help you navigate the changes with confidence. 

Book in your free 10 minute chat today -let’s make sure your business is future-ready—and legally sound. 

Frequently Asked Questions (FAQ)

• Do I still need to keep records at my office?

  You can—but now, digital records are also allowed if they’re immediately accessible from your office. No exemption is needed for cloud-based systems anymore. 

• What does “immediately accessible” mean?

  It means you can pull up records on the spot from your office—like logging into your system and showing them to an auditor without delay. 

• Do I need to apply for an exemption to use digital storage?

  Not anymore—as long as the records are accessible from your office. If they’re stored in a way that can’t be accessed right away, you’ll still need written approval. 

• What should I do next to stay compliant?

  Review your systems, talk to your software provider, update your internal policies, and train your team to ensure quick access to digital records.

Kristen Porter – Legal Director, O*NO Legal

Kristen Porter is the Founder and Legal Director of O*NO Legal. With over 20 years of legal experience and dual degrees in Law and Commerce, Kristen brings a rare blend of legal expertise and commercial insight to every matter. She is a trusted advisor to business owners and agency leaders across Australia, helping them build profitable, legally-sound businesses. Known for her practical, no-fluff advice, Kristen specialises in real estate agency law, corporate, and privacy law and regularly presents at industry events. At O*NO Legal, Kristen leads a team committed to making the law clear, actionable, and always aligned with your business goals.

Boring legal stuff: This article is general information only and cannot be regarded as legal, financial or accounting advice as it does not take into account your personal circumstances. For tailored advice, please contact us. PS - congratulations if you have read this far, you must love legal disclaimers or are a sucker for punishment.