50—Agreement with professional organisation
(1) The Commissioner
may, with the approval of the Minister, make an agreement with an organisation
representing the interests of agents, sales representatives or
property managers under which the organisation undertakes a specified role in
the administration or enforcement of this Act.
(2) The
agreement—
(a) must
be in writing and executed by the Commissioner and the organisation; and
(b) may
contain delegations by the Commissioner of functions or powers under this Act
or the Fair Trading Act 1987 ; and
(c) must
set out any conditions governing the performance or exercise of functions or
powers conferred on the organisation; and
(d) must
make provision for the variation and termination of the agreement by the
Commissioner with the approval of the Minister or the organisation.
(3) The Commissioner
may not delegate any of the following for the purposes of the agreement:
(a)
functions or powers under Part 2;
(b) the
approval of classes of accounts at ADIs under Division 2 of Part 3;
(c) the
appointment, reappointment or termination of appointment of a person to
administer an agent's trust account or of a temporary manager under
Division 2 of Part 3;
(d)
functions or powers under Division 3 of Part 3;
(e)
power to request the Commissioner of Police to investigate and report on
matters under Part 5;
(f)
power to commence a prosecution for an offence against this Act;
(g)
functions or powers under Schedule 2A.
(4) A delegation by
the Commissioner for the purposes of the agreement—
(a) has
effect subject to the conditions specified in the agreement; and
(b) may
be varied or revoked by the Commissioner in accordance with the terms of the
agreement; and
(c) does
not prevent the Commissioner from acting in any matter.
(5) The Minister must,
within six sitting days after the making of the agreement, cause a copy of the
agreement to be laid before both Houses of Parliament.