New South Wales Consolidated Regulations

PROPERTY AND STOCK AGENTS REGULATION 2022 - REG 58

58 The Register--the Act, s 220

(1) The Secretary must enter and keep in the Register details of the following particulars in relation to each licence or certificate of registration issued under the Act--

(a) the name and business address of the person to whom the licence or certificate of registration is issued,

(b) the kind of licence or certificate of registration issued as described in the Act, section 17,

(c) the number of the licence or certificate of registration,

(d) the date of issue and expiry of the licence or certificate of registration,

(e) for a licence issued to a member of a partnership--the name and business address of each licensed member of the partnership,

(f) for a corporation licence--the name and business address of each director of the corporation,

(g) the cancellation or a current suspension of the licence or certificate of registration,

(h) a condition of the licence or certificate of registration under the Act, section 20(1)(a) or (d),

(i) the accreditation of the licensee as an auctioneer under the Act, section 21,

(j) action taken under the Act, Part 12 against the holder of the licence or certificate of registration that resulted in an adverse finding against the person, together with details of the disciplinary action, if any, taken against the person as a result of the adverse finding,

(k) proceedings for an offence under the Act or the regulations under the Act taken against the holder of the licence or certificate of registration that resulted in a conviction for the offence, together with details of the penalty, if any, imposed for the offence,

(l) current undertakings given under the Act by the holder of the licence or certificate of registration,

(m) the appointment of a manager or receiver under the Act in relation to the licensee,

(n) the number of payments made from the Compensation Fund under the Act, Part 10 in relation to a failure to account on the part of the licensee,

(o) the suspension of the licence or certificate of registration under the Fair Trading Act 1987 , section 79A,

(p) action in the nature of disciplinary action taken under other legislation administered by the Minister against the holder of the licence or certificate of registration that resulted in an adverse finding against the person, together with details of the action, if any, taken against the person as a result of the adverse finding.

(2) The Secretary must also enter and keep in the Register details of applications for licences or certificates of registration that are refused on the grounds the applicant is not a fit and proper person to hold a licence or a certificate of registration.

(3) Details entered in the Register--

(a) under subsection (1)(j) or (k) must be removed from the Register on the expiration of the period of 10 years after the action or conviction to which they relate, and

(b) under subsection (2) in relation to a person must be removed from the Register if the person is subsequently issued a licence or certificate of registration.