Restriction—individuals
56 Restriction—individuals
An individual who is an employed licensee may perform an activity authorised under the individual’s licence only if the activity may also be performed by the individual’s employer under the employer’s licence.
Example—E is a licensed employee of P, a property agent. E’s licence is not subject to a condition. However, P’s licence is subject to a condition that P deal only in business letting. Because of the condition, E is only authorised to deal in business letting under E’s licence during E’s employment with P and while P is subject to the condition.
However, subsection (1) does not prevent an individual who holds an auctioneer licence selling or attempting to sell, or offering for sale or resale, any property by way of auction for the individual’s licensed employer.
If the employed licensee performs an activity the employed licensee is not authorised to perform because of subsection (1), the employed licensee is taken to be a person who acts as a licensee without a licence for the performance of the activity.
This Act’s bill:Explanatory memorandumSecond reading speech
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