New South Wales Consolidated Acts

PROPERTY AND STOCK AGENTS ACT 2002 - SECT 26AA

26AA Exceptional circumstances for extending or restoring certificates of registration beyond 4 years

(1) The Secretary may, if satisfied exceptional circumstances exist--

(a) grant a certificate of registration for a term longer than 4 years, or

(b) grant an extension to an existing certificate of registration of up to 12 months so that the certificate has a term longer than 4 years, or

(c) grant a restoration to a certificate of registration for an additional 12 months so that the certificate has a term longer than 4 years.

(2) A grant under subsection (1) may be unconditional or subject to conditions.

(3) The Secretary may require the holder, or former holder, of a certificate of registration to do the following--

(a) make an application for a grant under subsection (1),

(b) make the application within the time required by the Secretary,

(c) make the application in a form approved by the Secretary,

(d) pay the fee prescribed by the regulations for the application.

(4) An application for the restoration of a certificate of registration must be made--

(a) within 3 months of the expiry of the certificate of registration, or

(b) within the further period determined by the Secretary on the application of the person seeking the restoration.

(5) A certificate of registration that has been surrendered or cancelled must not be restored.

(6) For an application for a restoration of a certificate of registration--

(a) anything done by the holder of the expired certificate of registration between its expiry and the determination of the application is taken to have been done as the holder of a certificate of registration, and

(b) if the application is granted--the certificate of registration is taken to have been restored from the day on which the certificate of registration expired.

(7) In this section--

"exceptional circumstances" includes circumstances prescribed by the regulations.