New South Wales Consolidated Regulations

FAIR TRADING REGULATION 2019 - REG 11H

11H Fit and proper person--Act, s 60D(3)(d)

(1) For the purposes of the Act, section 60D(3)(d), the following grounds are prescribed--

(a) the person is a mentally incapacitated person,

(b) the person is disqualified from holding a licence, permit or other authority under legislation administered by the Minister,

(c) the person has failed to pay a monetary penalty imposed on the person under the Act, Part 5 or has failed to comply with a direction given by the Secretary under the Part and the failure to pay the penalty or comply with the direction continues,

(d) the person has been the holder of a commercial agent licence issued under the Act that--

(i) has, within the previous 5 years, been cancelled and the person has not held a licence since the cancellation, or

(ii) is suspended and the period of the suspension has not expired,

(e) the person was the holder of a master licence for process serving, a master licence for debt collection or a master licence for repossession of goods under the repealed Act that was, within the previous 5 years before its repeal--

(i) cancelled under the repealed Act, section 10(1) and the person has not held a licence since the cancellation, or

(ii) suspended under the repealed Act, section 10(4) and the period of the suspension has not expired,

(f) the person was the holder of an operator licence for process serving, an operator licence for debt collection or an operator licence for repossession of goods under the repealed Act that was, within the previous 5 years before its repeal--

(i) cancelled under the repealed Act, section 17(1) and the person has not held a licence since the cancellation, or

(ii) suspended under the repealed Act, section 17(4) and the period of the suspension has not expired.

(2) In this clause--

"repealed Act" means the Commercial Agents and Private Inquiry Agents Act 2004 .