1Citation
These Regulations may be cited as the Commercial and Private
Agents Licensing Regulations 2001.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Commercial and Private
Agents Licensing Regulations 2001.
These Regulations come into operation on the commencement of the
Commercial and Private Agents Amendment Act 2000.
In these Regulations, ADI has the same meaning as in the Banking Act 1959 of the Commonwealth.
(1) An individual who intends to be the manager of a place where an agent carries on or will carry on business must apply to the Director to be approved as the agent's manager at that place.
The application is to:
be in writing; and
be accompanied by an application fee of 55 revenue units.
(3) The Director must not accept the application unless it is in an approved form.
The Director may request an applicant under regulation 4 to:
(a) provide information additional to that contained in his or her application; or
(b) provide a document relating to information contained in the application or the additional information; or
(c) appear personally before the Director and provide further information in connection with the application.
(2) The Director may make enquiries to ascertain the suitability of the applicant to be a manager.
(1) The Director must refuse to approve a person as an agent's manager if:
the person is less than 18 years of age; or
(b) the person is disqualified under section 17P of the Act from holding a licence; or
(c) the person is taking the benefit of a law for the relief of bankrupt or insolvent debtors or is a person whose remuneration is being assigned for the benefit of creditors; or
(d) the person fails to comply with a request of the Director under regulation 5; or
(e) in the opinion of the Director, the applicant is not likely to manage the business of the agent honestly and fairly; or
(f) in the opinion of the Director, the person is in any other way not a fit and proper person to manage the business of the agent; or
(g) in the opinion of the Director, the person is a person to whom the Director would, if that person were applying for a licence, refuse to grant the licence.
(2) Without limiting subregulation (1)(e), (f) or (g), in determining whether a person is a fit and proper person to manage the business of an agent, the Director must have regard to whether the person:
(a) has, during the period of 10 years immediately before the date the applicant made his or her application, been found guilty of or served a part of a term of imprisonment for an offence (wherever committed) involving fraud, dishonesty or physical violence; or
(b) was, at the time the application was made, the subject of a charge in relation to such an offence ; or
(c) has at any time been found guilty of an offence against the Act, these Regulations, any other regulations made under the Act, or any other enactment administered by the Minister.
(1) Unless the Director is required to refuse to approve a person as a manager under regulation 6, the Director must approve a person as the manager of a place where an agent carries on or will carry on business.
(2) The Director must notify, in writing, an applicant for approval as a manager that the applicant:
is approved as manager; or
is not approved as manager;
within 45 days of the date on which the applicant's application was made.
A notice under subregulation (2)(b) must:
set out the Director's reasons for the decision; and
(b) state that the applicant may make an application to NTCAT for review of the decision under section 35 of the Act.
(1) An approval of a person as manager given under regulation 7 has effect:
(a) until the expiry of the licence of the agent for whom he or she is manager; or
until the licence of the agent is revoked; or
until the licence of the agent is surrendered; or
(d) subject to subregulation (2) – unless the agent dies or, if the agent is a corporation, unless it is dissolved.
(2) Subregulation (1)(d) does not apply if the Director authorises a person under section 17F(2) of the Act to carry on the deceased agent's business as an agent and that person carries on the deceased agent's business in accordance with the authorisation.
(1) The Director may revoke an approval of a person as manager given under regulation 7 if the approval was obtained by means of fraud or misrepresentation.
(2) If the Director revokes an approval, the Director must notify, in writing, both the person whose approval is revoked and the agent for whom the person is manager.
The notice under subregulation (2) is to:
(a) specify the reasons why the Director is revoking the approval; and
(b) specify either that the revocation takes effect on the date the person whose approval is revoked receives the notice or on the later date specified in the notice; and
(c) state that the person whose approval is revoked may make an application to NTCAT for review of the decision under section 35 of the Act.
For section 35(1)(b) of the Act, each of the following decisions of the Director is prescribed to be a reviewable decision:
a decision under regulation 6 to refuse to approve a person as a manager;
a decision under regulation 9(1) to revoke the approval of a person as manager.
For section 35(2)(b) of the Act, each of the following persons is prescribed to be an affected person for the reviewable decisions specified in subregulation (1):
for a decision specified in subregulation (1)(a) – the applicant under regulation 4;
for a decision specified in subregulation (1)(b) – the person whose approval is revoked by the Director.
For section 7(4)(c) of the Act, the prescribed processing fee is
115 revenue units.
The prescribed licence fee to be paid before a licence is issued under section 17A of the Act is as follows:
for a licence period of 3 years – 100 revenue units;
for a licence period of 5 years – 149 revenue units.
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