New South Wales Consolidated Acts

PROPERTY AND STOCK AGENTS ACT 2002 - SECT 32

32 Duty of licensee and person in charge to properly supervise business

(1) A licensee must properly supervise the business carried on by the licensee.

(2) A licensee employed by another licensee (
"the principal licensee" ) as the person in charge of business at a place of business of the principal licensee must properly supervise the business of the principal licensee carried on at that place.

(3) The requirement to properly supervise the conduct of business includes the following requirements--

(a) a requirement to properly supervise persons engaged in the business,

(b) a requirement to establish procedures designed to ensure that the provisions of this Act and any other laws relevant to the conduct of that business are complied with,

(c) a requirement to monitor the conduct of business in a manner that will ensure as far as practicable that those procedures are complied with.

(4) The Secretary may from time to time issue and notify to licensees guidelines as to what constitutes the proper supervision of the business of a licensee. A failure to comply with the requirements of any such guidelines in connection with the supervision of a business constitutes a failure to properly supervise the business.

(5) A reference in this section to a person who is engaged in a business carried on by a licensee is a reference to a person--

(a) who is engaged in the business as an employee of the licensee, or

(b) who is engaged by the licensee, other than as an employee of the licensee, to provide services in the course of the business, or

(c) whose services are provided to the licensee in the course of the business, other than as an employee of the licensee, under an arrangement entered into by the licensee with another person.

: Maximum penalty--

(a) 200 penalty units in the case of a corporation, or

(b) 100 penalty units in any other case.