New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 61

61 Breaches by managing agent

(1) If a managing agent has been delegated a duty by an association and a breach of the duty by the association would constitute an offence under a provision of this Act, the agent is guilty of an offence under that provision (instead of the association) for a breach of the duty by the agent occurring while the delegation remains in force.

(2) A managing agent must not, in connection with the provision of services as a managing agent or the exercise of functions as a managing agent, request or accept a gift or other benefit from another person for himself or herself or for another person.

: Maximum penalty--

(a) for a corporation--500 penalty units, or

(b) otherwise--100 penalty units.

(3) Subsection (2) does not apply to--

(a) remuneration paid to a managing agent or an employee or contractor of a managing agent by an association, or

(b) a monetary commission paid to a managing agent, if the payment of the commission is in accordance with the terms of appointment of the managing agent by the association or has been otherwise approved by the association, or

(b1) a training service provided to, or paid for, a managing agent, if it was related to management functions and the provision or payment is in accordance with the terms of appointment of the managing agent by the association or has been otherwise approved by the association, or

(c) a gift or other benefit that has a value that is less than the amount prescribed by the regulations for the purposes of this subsection.

(4) In this section--

"gift" has the same meaning as in the Electoral Funding Act 2018 .