Real estate advertising rules in the ACT for agents

What the Agents Act 2003 says about advertising in the ACT, who can call themselves an agent, and the rules on selling-price estimates. With sources.

Canberra's parliamentary area and Lake Burley Griffin, with Parliament House beyond
Photo by Elijah Lee on Unsplash

In the Australian Capital Territory, real estate agents are governed by the Agents Act 2003, the Agents Regulation 2003 and the Australian Consumer Law. Access Canberra handles licensing, and the Commissioner for Fair Trading also has powers under the Act. Your website, digital card, email signature and social posts all count as advertising.

This page sets out what the Act and Regulation say, with links to the versions we read. It’s part of our guide to advertising rules in every state and territory.

This is general information, not legal advice. Rules change, and your licensee may have its own requirements. Check with your licensee or Access Canberra before you publish.

What an ad must show

We didn’t find a general rule in the Agents Act 2003 or the Agents Regulation 2003 listing what an ordinary real estate agent’s ad must contain.

There is one specific rule for auctioneers. Section 18 of the Regulation says: “A licensed land auctioneer who advertises an auction must include the auctioneer’s name and licence number in the advertisement.”

Even without a general list, naming the agency you work under is standard practice and avoids misleading anyone about who’s behind the ad. Ask your licensee what it requires.

Who can call themselves what

  • Under section 18(1)(b)(ii) of the Act, it’s an offence for an unlicensed person to pretend to be a licensed real estate agent.
  • Under section 45(1), a person who isn’t a registered assistant real estate agent must not be, or pretend to be, employed by a licensed agent to provide a real estate agent service.

So your title should match what you hold: “licensed agent” only if you’re licensed.

Websites count

Section 78 of the Act says a statement is published if it’s “electronically distributed by other means (for example, by inclusion on a website)”. In other words, the advertising rules below apply to your website just as they do to print.

Rules on what you say

  • Nothing false or misleading. Under section 79(1), it’s an offence for an agent to publish an ad about their business knowing, or being reckless about whether, a statement in it is false or misleading, or leaves out something without which it’s misleading.
  • Honest price estimates. Section 88 says an agent or registered assistant must not make a dishonest representation about the agent’s estimate of the selling price, including in an advertisement. Under section 89, the Commissioner may ask for the evidence behind an estimate.
  • Soliciting clients. The code of practice in Schedule 8 of the Regulation (section 8.16) says an agent must not solicit clients or customers by advertisement or other communication that they know, or should know, is false or misleading.

Business cards, websites and social media

Beyond the website rule above, we didn’t find rules written specifically for business cards or social media. A sensible approach:

  • Name the agency you work under on every page, profile and card.
  • Use a title that matches your licence or registration.
  • Keep price estimates, sales results and reviews accurate.
  • When you change agencies, update everything the same day. See our changing agencies checklist.

Our free email signature generator lays these details out for you, and on a Real Agent Marketing website the footer of every page names your agency as the licensee.

Sources

Based on the legislation as we read it in October 2026. This isn’t legal advice and doesn’t cover every rule that applies to you.

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