Northern Territory Numbered Acts

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STATUTE LAW AMENDMENT (TERRITORY ECONOMIC RECONSTRUCTION) ACT 2022 (NO 5 OF 2022) - SECT 9

Sections 22 and 22A replaced

Sections 22 and 22A

repeal, insert

22     Eligibility for licence

    (1)     A person (not being a company or a firm) is eligible for the grant of a licence if the Board is satisfied that:

    (a)     the person has attained the age of 18 years; and

    (b)     the person is a fit and proper person within the meaning of section 20; and

    (c)     the person:

        (i)     completed a course of competency-based training approved by the Board under section 22A(1)(a) for the class of licence that is the subject of the application; or

        (ii)     holds the qualifications for the class of licence approved by the Board under section 22A(1)(b) that is the subject of the application; or

        (iii)     has other qualifications or experience approved by the Board under section 22A(1)(c) or (d); or

        (iv)     by reason of the person's qualifications and experience, is competent to carry on business on the person's own account as a licensed agent; and

    (d)     the person:

        (i)     will, for the whole period of the licence, be insured under an approved indemnity insurance policy within the meaning of section 108A in relation to the person or the person's employer; or

        (ii)     is exempt, or the person's employer is exempt, under a regulation from the requirement under section 108B to be insured under an approved indemnity insurance policy within the meaning of section 108A.

    (2)     For subsection (1)(c)(iii), the Board may require a person's employer to certify, in the approved form, the person's experience.

22A     Board may approve course, qualifications or experience

    (1)     For section 22, the Board may approve the following:

    (a)     a course of competency-based training for the class of licence;

    (b)     qualifications for the class of licence;

    (c)     other qualifications for the licence;

    (d)     experience for the licence.

    (2)     In deciding whether to approve a course of competency-based training under subsection (1)(a), the Board must consult with and consider the advice, if any, of:

    (a)     the Chief Executive Officer of the Agency responsible for the administration of the Training and Skills Development Act 2016 ; and

    (b)     an occupational association or body that represents the interests of the occupation to which the course relates.

    (3)     The Board:

    (a)     must approve a course of competency-based training if the Board is reasonably satisfied that an agent who satisfactorily completes the course will be competent to provide the services of an agent that are of the kind to which the course relates; and

    (b)     must not refuse to approve a course of competency-based training on the ground that a person who satisfactorily completes the course may not have attained the standard of best practice in the relevant industry.

    (4)     The Board must publish any approval made under subsection (1) in any manner that makes it publicly available in the Territory as soon as practicable after making the approval.



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