Australian Capital Territory Current Regulations

AGENTS REGULATION 2003 - REG 13

    (1)     In deciding whether to exempt a person from the href="https://www.legislation.act.gov.au/a/2003-20/" title="Agents Act 2003">Act

, section 68A (Licensed agent in charge to have class 1 property agent licence), or amend or revoke an exemption, the commissioner for fair trading must consider the following matters:

        (a)     the reasons for the exemption;

        (b)     the period of the exemption;

        (c)     the person's experience as a licensed property agent;

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

        (e)     staffing and office management arrangements established, or to be established, at the place of business;

        (f)     the person's record in relation to compliance with the Act or the repealed Act, including compliance with any condition of a licence or registration during the previous 5 years;

        (g)     employer references (if any) in relation to the person's experience as a licensed property agent.

    (2)     In deciding whether to exempt a class 1 licensed property agent from the † Act 2003">Act

, section 69 (Property agent place of business to have class 1 licensed property agent in charge), or amend or revoke an exemption, the commissioner for fair trading must consider the following matters:

        (a)     the reasons for the exemption;

        (b)     the licensed property agent's experience as a licensed property agent in charge at a place of business of a licensed property agent;

        (c)     the licensed property agent's capacity to properly supervise the conduct of business at more than 1 place of business;

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

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

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

        (g)     the licensed property agent's record in relation to compliance with the Act or the repealed Act, including compliance with any condition of a licence or registration during the previous 5 years;

        (h)     employer references (if any) in relation to the licensed property agent's experience as a licensed property agent in charge.

    (3)     In deciding whether to exempt a class 1 licensed property agent from the †Nàûÿÿ Act 2003">Act

, section 70 (Class 1 licensed property agent to be in charge of 1 place of business), or amend or revoke an exemption, the commissioner for fair trading must consider the following matters:

        (a)     the reasons for the exemption;

        (b)     the licensed property agent's experience as a licensed property agent in charge at a place of business of a licensed property agent;

        (c)     the licensed property agent's capacity to properly supervise the conduct of business of more than 1 licensed property agent;

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

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

        (f)     the licensed property agent'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;

        (g)     employer references (if any) in relation to the licensed property agent's experience as a licensed property agent in charge.