New South Wales Consolidated Acts

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PROPERTY AND STOCK AGENTS ACT 2002 - SECT 8

Agents required to be licensed

8 Agents required to be licensed

(1) An individual must not act as or carry on the business of (or advertise, notify or state that the individual acts as or carries on the business of, or is willing to act as or carry on the business of)--
(a) a real estate agent, unless the individual is the holder of a real estate agent's licence, or
(b) a stock and station agent, unless the individual is the holder of a stock and station agent's licence, or
(c) a strata managing agent, unless the person is the holder of a strata managing agent's licence.
: Maximum penalty--100 penalty units.
(2) An individual is not entitled to bring any proceeding in any court or tribunal to recover any commission, fee, gain or reward for any service performed by the individual--
(a) as a real estate agent, unless the individual was the holder of a real estate agent's licence, or employed the holder of such a licence, at the time of performing the service, or
(b) as a stock and station agent, unless the individual was the holder of a stock and station agent's licence, or employed the holder of such a licence, at the time of performing the service, or
(c) as a strata managing agent, unless the individual was the holder of a strata managing agent's licence, or employed the holder of such a licence, at the time of performing the service.
(3) This section applies to an individual whether or not the individual is a member of a partnership.
(4) The fact that a particular activity is an activity for which more than one type of licence may be appropriate does not require the holding of more than one type of licence so long as at least one of the licences that is appropriate to the activity is held.
(5) For the purposes of this section, an individual is not considered to carry on a business merely because the individual is a member of a partnership that carries on that business.
(6) An agent who holds a licence may be known as a licensed agent.



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