New South Wales Consolidated Regulations

PROPERTY AND STOCK AGENTS REGULATION 2014 - REG 39

39 Section 31 exemptions--person in charge at place of business

(1) The matters specified in subclause (2) are to be taken into account by the Secretary in considering--

(a) whether to grant an exemption from a provision of section 31 (1), (2) or (3) of the Act that will authorise a licensee to be the person in charge of business (
"the licensee-in-charge" ) at more than one place of business, or

(b) whether to grant an exemption from a provision of section 31 (4) of the Act that will authorise a licensee employed as the person in charge of business (
"the licensee-in-charge" ) at a place of business to exercise functions or provide services on behalf of 2 or more licensees at that place.

(2) For the purposes of subclause (1), the following matters are to be taken into account by the Secretary--

(a) reasons why the exemption is needed,

(b) the licensee's previous experience as licensee-in-charge at a place of business of a licensee,

(c) the licensee's capacity to properly supervise the conduct of business at more than one place of business or of more than one licensee,

(d) fiduciary safeguards and office systems proposed to be established to provide for accountability to the licensee-in-charge,

(e) whether separate trust accounts are in place for the deposit of trust money received in connection with the business of each licensee for whom the licensee proposes to act pursuant to the exemption,

(f) the licensee's capacity to comply with any guidelines issued by the Secretary under section 32 (4) of the Act,

(g) the licensee's record in relation to compliance with the conditions of a licence or certificate of registration held at any time by the licensee under the Act, and in relation to compliance with the provisions of the Act and the regulations under the Act,

(h) employer references in relation to the licensee's experience as a licensee-in-charge.