New South Wales Consolidated Acts
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PROPERTY AND STOCK AGENTS ACT 2002 - SECT 53D
Restraint of unjust conduct
53D Restraint of unjust conduct
(1) Where, on the application of the Secretary, the Tribunal is satisfied
after inquiry that a licensee has repeatedly engaged in unjust conduct, the
Tribunal may order the licensee to refrain from engaging in unjust conduct in
the course of carrying on business as a licensee and the licensee must comply
with the order.
(2) Where, on the application of the Secretary, the Tribunal
is satisfied that a licensee has failed to observe an undertaking given by the
licensee in a deed executed under this Division, the Tribunal may--
an order under subsection (1) against the licensee, and
(b) in addition, in
the case of an undertaking to take action to rectify the consequences of the
licensee's unjust conduct, make an order to observe that undertaking within a
time specified by the Tribunal when making the order.
(3) If the licensee is
a body corporate and the Tribunal is satisfied that the unjust conduct or
breach of undertaking concerned was engaged in with the consent or connivance
of a person who, at the time of the conduct or breach, was a director of, or a
person concerned in the management of, the body corporate, the Tribunal may,
in addition to any other order it may make under this section, make an order
prohibiting the person from consenting to, or conniving at, engagement in
unjust conduct, or a breach of an undertaking under this Division, by the body
corporate or any other body corporate of which the person is a director or in
the management of which the person is concerned.
(4) The person to whom an
order under subsection (3) relates must comply with the order.
penalty--100 penalty units.
(5) An order under this section may be made
subject to such conditions (whether as to the duration of the order or
otherwise) as the Tribunal thinks fit, including conditions as to the future
conduct of the licensee and conditions specifying the action to be taken by
the licensee to rectify the consequences of the licensee's unjust conduct.
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