Fair Trading Act 1987

A person may apply to the Secretary for a commercial agent licence.

An application for a commercial agent licence or a renewal of a commercial agent licence is to nominate one of the following terms of duration for the licence (the nominated term)—

1 year,

3 years,

5 years.

The Secretary may grant or renew a commercial agent licence for the nominated term or, if satisfied that it is in the public interest to do so, a shorter term than the nominated term.

If an application for renewal of a licence has been made but the application is not finally determined by the Secretary before the expiry of the licence, the licence (if not suspended or sooner cancelled) continues in force until the application is finally determined.

If a licence is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.

Part 2 (other than section 10) of the Licensing and Registration (Uniform Procedures) Act 2002 (the Licensing Act) applies to and in respect of a commercial agent licence, subject to the modifications and limitations prescribed by this Act or the regulations.

For the purpose of applying Part 2 of the Licensing Act to a commercial agent licence—

the licence may be amended but not transferred under that Act, and

the references to 2 weeks, 4 weeks and 8 weeks in section 9 (1) (a), (b) and (c) of that Act are each to be read as references to 6 weeks, and

(Repealed)

an application is not required to be advertised, and

the reference to 14 days in section 24 (1) of that Act (as to the period within which changed particulars must be notified) is to be read as a reference to 7 days, and

the licence may be granted subject to such conditions as the Secretary thinks fit and the Secretary may subsequently impose, vary or revoke conditions at any time, and

the licence is subject to any restriction order made under this Part against the holder of the licence.

The regulations may make provision for or with respect to such matters concerning a licence as are relevant to Part 2 of the Licensing Act including prescribing fees for applications.

This section does not affect the term of any commercial agent licence issued under this Act and in force immediately before the insertion of this section by the Fair Trading Amendment (Commercial Agents) Act 2016 (as amended by the Fair Trading Legislation Amendment (Reform) Act 2018).