New South Wales Consolidated Acts

PROPERTY AND STOCK AGENTS ACT 2002 - SECT 43

43 Duty of licensee not to engage certain persons

(1) A licensee must not employ a person in any capacity in connection with the carrying on of the business conducted by the licensee, or engage a person to exercise any regulated functions in the course of the business, if the person--

(a) is a disqualified person (other than a person whose disqualification is on a ground that does not disqualify the person from eligibility to hold a certificate of registration), or

(b) has had his or her licence or certificate of registration suspended or cancelled under this Act (unless a licence or certificate of registration has subsequently been granted to the person and is not suspended or cancelled), or

(c) has had an application for a licence or certificate of registration refused on the ground that the person was not a fit and proper person to hold a licence or certificate of registration (unless a licence or certificate of registration has subsequently been granted to the person and is not suspended or cancelled).

: Maximum penalty--50 penalty units.

(2) It is a defence to a prosecution for an offence under this section if the licensee establishes that the licensee did not know, and could not reasonably be expected to have known after diligent inquiry, that the person was a person whose employment or engagement by the licensee was prohibited by this section.