Australian Capital Territory Numbered Regulations

AGENTS REGULATIONS 2003 (NO 38 OF 2003) - REG 13

    (1)     In deciding whether to exempt a licensed agent from the Act, section 69 (Each place of business to have licensed agent in charge), or amend or revoke an exemption, the commissioner for fair trading must consider—

        (a)     the reasons for the exemption; and

        (b)     the licensee's experience as licensee-in-charge at a place of business of a licensee; and

        (c)     the licensee's capacity to properly supervise the conduct of business at more than 1 place of business; and

        (d)     office systems or arrangements established, or to be established, at each place of business; and

        (e)     staffing and office management arrangements at each place of business concerned; and

        (f)     whether there is a centralised trust account for the deposit of trust money received in connection with the businesses for which the licensee would be licensee-in-charge under the exemption; and

        (g)     the licensee's record in relation to compliance with the Act or the repealed Act, including compliance with any condition of a licence or registration during the previous 5 years; and

        (h)     employer references (if any) in relation to the licensee's experience as a licensee-in-charge.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

    (2)     In deciding whether to exempt a licensed agent from the Act, section 70 (Licensed agent to be in charge of 1 place of business), or amend or revoke an exemption, the commissioner for fair trading must consider—

        (a)     the reasons for the exemption; and

        (b)     the licensee's experience as licensee-in-charge at a place of business of a licensee; and

        (c)     the licensee's capacity to properly supervise the conduct of business of more than 1 licensee; and

        (d)     fiduciary safeguards and office systems established, or to be established, to provide for accountability to the licensee-in-charge; and

        (e)     whether separate trust accounts are in place for the deposit of trust money received in connection with the business of each licensee for whom the licensee would act under the exemption; and

        (f)     the licensee's record in relation to compliance with the Act or the repealed Act, including compliance with any condition of a licence or registration during the previous 5 years; and

        (g)     employer references (if any) in relation to the licensee's experience as a licensee-in-charge.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

Division 4.3     Land—further provisions