New South Wales Consolidated Acts
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PROPERTY AND STOCK AGENTS ACT 2002 - SECT 5
Exemptions
5 Exemptions
(1) This Act does not require a licence to be held by, and does not require a
certificate of registration to be held by any person in their capacity as
employee of, any of the following-- (a) a Minister of the Crown whether a
Minister of the State of New South Wales or of the Commonwealth,
(b) any
Government Department of the State of New South Wales or the Commonwealth
(including any statutory corporation representing the Crown),
(c) a council
within the meaning of the Local Government Act 1993 ,
(d) any public
authority prescribed by the regulations,
(e) any officer or employee of the
Crown or of any such Minister, department, corporation, council or authority
in the exercise of his or her functions as such officer or employee,
(f) the
NSW Trustee and Guardian or any executor, administrator, trustee, liquidator,
official receiver, trustee in bankruptcy of a bankrupt's estate, trustee under
a composition or scheme of arrangement or under a deed of arrangement or under
a deed of assignment, or manager of an estate appointed under the
NSW Trustee and Guardian Act 2009 , in the exercise of functions as such,
(g) any person for the purposes of any sale made of Crown lands or other Crown
property or for the purposes of any sale of any property made by virtue of any
writ or process issued out of any Court or made in obedience to any process
issued by any Court or judge or justice for the recovery of any fine, penalty
or award, or under any rule, order or decree of any competent Court or made
pursuant to the Impounding Act 1993 ,
(h) a receiver appointed under this
Act, in the exercise of the receiver's functions under this Act,
(i) the New
South Wales Land and Housing Corporation,
(l) the Aboriginal Housing Office,
(m) a registered community housing provider within the meaning of the
Community Housing Providers National Law (NSW) , or an organisation for the
time being registered under Part 5 of the Aboriginal Housing Act 1998 ,
(n)
a person or organisation, or a person or organisation of a class, prescribed
by the regulations as not requiring a licence.
(2) This Act does not prevent
any person for the time being entitled to practise as an Australian legal
practitioner from exercising any function that, had this Act not been enacted,
the person might lawfully have exercised as an Australian legal practitioner.
(3) An exemption under subsection (1) (f) that allows a person to carry on a
business lawfully without a licence expires 3 months after the management of
the business vests in the person.
(4) This Act does not apply to a sale by
auction made for the purposes of or in the course of a fundraising appeal
within the meaning of the Charitable Fundraising Act 1991 if the appeal is
made, and the proceeds of the sale are applied, in accordance with that Act.
(5) The following persons may exercise business agent functions without the
need to hold a licence or certificate of registration-- (a) a person who holds
an Australian financial services licence under the Corporations Act,
(b) a
person who is an authorised representative of a financial services licensee
within the meaning of Chapter 7 of the Corporations Act.
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