(1) A person must not
carry on business, or hold himself or herself out, as an agent unless
registered as an agent under this Act.
Maximum penalty:
(a) for
an offence committed by a natural person—
(i)
for a first or second offence—$50 000; or
(ii)
for a third or subsequent offence—$50 000 or
12 months imprisonment or both; or
(b) for
an offence committed by a body corporate—$250 000.
(2) A person required
by this Act to be registered as an agent is not entitled to commission or
other consideration for services as an agent unless the person—
(a) is,
at the time of rendering the services, registered as an agent; and
(b) is
authorised, in writing, to act as an agent by the person for whom the services
are rendered or a person authorised to act on behalf of that person.
(3) Any commission or
other consideration paid or given to a person who is, under
subsection (2), not entitled to it may be recovered from the person as a
debt.