New South Wales Consolidated Acts

PROPERTY AND STOCK AGENTS ACT 2002 - SECT 53B

53B Undertakings by licensee

(1) Where it appears to the Secretary that a licensee has, in the course of carrying on business as a licensee, repeatedly engaged in unjust conduct, the Secretary may, with the consent of the Minister--

(a) request the licensee to execute a deed in terms approved by the Secretary whereby the licensee gives undertakings as to--

(i) the discontinuance of the unjust conduct, and

(ii) the licensee's future conduct, and

(iii) the action the licensee will take to rectify the consequences of the licensee's unjust conduct, or

(b) apply to the Tribunal for an order under section 53D.

(2) Where the Secretary makes a request or application under subsection (1), it is to be presumed, unless the contrary is proved, that the Secretary does so with the consent of the Minister.

(3) Where a licensee executes a deed under this Division and observes the undertakings given in the deed, the Secretary may not apply for an order under section 53D by reason of any conduct to which the undertakings relate.