New South Wales Consolidated Acts

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PROPERTY AND STOCK AGENTS ACT 2002 - SECT 123

Definitions

123 Definitions

In this Part--

"associate" , in relation to a licensee, has the meaning given to it by section 124.

"expenses" , in relation to management, means--

(a) the remuneration payable to the manager, or
(b) the expenses incurred in the course of the management or receivership, or
(c) the costs of legal proceedings involved in the management or receivership, or
(d) any reimbursement of the manager or receiver under this Part.

"failure to account" has the meaning given to it by section 125.

"licensee" includes--
(a) a firm of licensees, and
(b) a former licensee, and
(c) in relation to anything done or omitted by a licensee--a deceased licensee and a deceased former licensee, and
(d) except in relation to anything done or omitted by a licensee--the personal representative of a deceased licensee or a deceased former licensee.

"Operating Account" means the Department of Fair Trading Operating Account or a departmental account prescribed by the regulations for the purposes of this definition.

"property" , in relation to a licensee, means--
(a) money or other property received by the licensee on behalf of another person in the conduct of the licensee's business, or
(b) interest, dividends, income, profits or other property derived from or acquired with money or other property referred to in paragraph (a), or
(c) documents and records of any description relating to anything referred to in paragraph (a) or (b) or to the licensee's business, or
(d) any means by which any records referred to in paragraph (c) that are not written may be reproduced in writing,
and, in relation to a licensee whose business is under management, includes any property of the business.

"receivable property" means property of a licensee or an associate of a licensee that is the subject of an order appointing a receiver, and includes property that, but for its having being taken, paid or transferred unlawfully or in breach of trust, would be receivable property.

"receiver" means a receiver appointed by the Supreme Court under this Part.

"relevant associate" means a licensee's associate of whose property a receiver has been appointed under this Part.

"relevant licensee" means a licensee of whose property a receiver has been appointed.



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