{"id":"commercial-and-private-agents-licensing-act-1979","name":"Commercial and Private Agents Licensing Act 1979","slug":"commercial-and-private-agents-licensing-act-1979","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29903,"registerId":"nt-commercial-and-private-agents-licensing-act-1979-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commercial and Private Agents Licensing Act 1979","content":"NORTHERN TERRITORY OF AUSTRALIA\nCOMMERCIAL AND PRIVATE AGENTS LICENSING ACT 1979\nAs in force at 10 February 2026\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Application ....................................................................................... 3\nPart 2 Licensing of agents\nDivision 1 Offences\n5 No activities as agent unless licensed ............................................. 4\n6 Breach of terms or conditions of licence .......................................... 5\nDivision 2 Grant of licence\n7 Application for licence ...................................................................... 5\n8 Director may require additional information ..................................... 5\n9 Objections to application.................................................................. 6\n10 Inquiry by Director ........................................................................... 6\n11 Grounds for refusing to grant licence to individual ........................... 6\n12 Grounds for refusing to grant licence to corporation ........................ 7\n13 Grant of licence ............................................................................... 9\n14 Term and renewal of licence............................................................ 9\n15 Other terms and conditions of licence ............................................. 9\n16 Notification of Director's decision, appeal etc. ................................. 9\n17A Issue of licence and payment of licence fee .................................. 10\n17B Duration of licence ......................................................................... 10\nDivision 3 Miscellaneous matters\n17C Variation of licence ........................................................................ 11\n17D Renewal of licence ........................................................................ 12\n17E Agent's manager to be approved by Director ................................ 12\n17F Death of agent ............................................................................... 13\n17G Changes in officers of corporation ................................................. 14\n17H Licence not transferable ................................................................ 15\n17J Surrender of licence ...................................................................... 15\n\nCommercial and Private Agents Licensing Act 1979 ii\nPart 3 Suspension and cancellation etc. of\nlicence\n17K Director may vary, suspend or cancel licence ............................... 16\n17L Inquiry before exercise of power.................................................... 16\n17M Result of inquiry ............................................................................. 17\n17P Disqualification resulting from cancellation or suspension of\nlicence ........................................................................................... 18\nPart 6 Trust accounts and prescribed records\n23 Moneys held on trust ..................................................................... 18\n24 Moneys not liable for attachment ................................................... 19\n25 Prescribed records ........................................................................ 19\n26 Inspection of prescribed records.................................................... 19\n27 Restriction on disposition of moneys ............................................. 20\n28 Investigation of trust accounts ....................................................... 20\n28A Audit .............................................................................................. 21\n29 Suspension of licences .................................................................. 22\nPart 7 Employment, powers and duties of private\nbailiffs\n30 Employment of private bailiff.......................................................... 22\n31 Nomination of private bailiff ........................................................... 23\n32 Private bailiff to accept warrant...................................................... 23\n33 Rights and powers of private bailiff ................................................ 23\n33A Recovery of costs on execution of warrant .................................... 23\nPart 7A Director\n33B Director .......................................................................................... 24\n33C Powers of entry.............................................................................. 24\n33D Powers exercisable after entry ...................................................... 25\n33E Warrants ........................................................................................ 25\n33F Delegation ..................................................................................... 27\n33G Approved forms ............................................................................. 27\nPart 8 General\n34 Director may waive or refund fee ................................................... 27\n35 Review by NTCAT ......................................................................... 27\n38 Multiple licences ............................................................................ 28\n39 Employee to be licensed................................................................ 28\n40 Fees for agents.............................................................................. 28\n41 Rights not affected by licence ........................................................ 28\n42 Offence to exceed power ............................................................... 29\n43 Commercial agent to report on motor vehicles .............................. 29\n\nCommercial and Private Agents Licensing Act 1979 iii\n44 Offence to use harassing tactics.................................................... 29\n45 Civil remedies not affected ............................................................ 29\n46A Infringement notices ...................................................................... 29\n46B Service of notice etc. on corporation ............................................. 30\n47 Regulations.................................................................................... 31\nPart 9 Transitional matters for Red Tape\nReduction (Miscellaneous Amendments)\nAct 2016\n48 Definitions ...................................................................................... 31\n49 Term and renewal of existing licence ............................................ 31\n50 Existing application ........................................................................ 31\nPart 10 Transitional matters for Justice and\nLicensing Legislation Further Amendment\nAct 2022\n51 Definitions ...................................................................................... 32\n52 Delegation ..................................................................................... 32\n53 Pending applications ..................................................................... 32\n54 Pending appeals ............................................................................ 32\n55 Appeals not yet commenced ......................................................... 33\n56 Continuation of ongoing documents and actions ........................... 33\n57 Offence provisions – before and after commencement ................. 34\nPart 11 Transitional matters for Statute Law\nAmendment (NTCAT Conferral of\nJurisdiction) Act 2023\n58 Definitions ...................................................................................... 34\n59 NTCAT review limited to decisions made after commencement.... 35\n60 Appeals not instituted before commencement ............................... 35\n61 Appeals not determined before commencement ........................... 35\nSchedule Reviewable decisions\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 10 February 2026\n____________________\nCOMMERCIAL AND PRIVATE AGENTS LICENSING ACT 1979\nAn Act to provide for the licensing of commercial and private agents\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Commercial and Private Agents\nLicensing Act 1979.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Interpretation\n(1) In this Act:\naffected person, see section 35(2).\nagent means a commercial agent, inquiry agent, process server or\nprivate bailiff licensed under this Act.\napproved form means a form approved under section 33G.\ncommercial agent means a person who, for monetary or other\nconsideration, performs any of the following functions:\n(a) ascertaining the whereabouts of, or repossessing any goods\nor chattels that are the subject of a hire purchase agreement\nor bill of sale;\n(b) collecting, or requesting the payment of, debts;\n(c) executing any legal process for the enforcement of any\njudgment or order of a court;\n(d) executing any distress for the recovery of rates, taxes or\nmoneys;\n(e) obtaining evidence for the purpose of any legal proceedings;\n\nPart 1 Preliminary matters\nCommercial and Private Agents Licensing Act 1979 2\n(f) searching for missing persons;\non behalf of any other person.\nDirector means the person holding or occupying the office of\nDirector mentioned in section 33B.\ndocument includes book, record, register, account, paper and\ncard.\nharassing tactics means any act or conduct that tends to\nintimidate, embarrass, ridicule or shame any person, and without\nlimiting the generality of the foregoing, includes:\n(a) any act or omission (including the positioning of a vehicle)\nfrom which it might reasonably be inferred by a person visiting\nor passing any premises that an occupant of the premises is\nbeing visited, or is under surveillance by, an agent; and\n(b) unduly frequent visiting of premises or communication with the\noccupants of premises; and\n(c) any suggestion made to, or intended to be communicated to, a\ndebtor that if the debtor fails to pay any debt action may be\ntaken that would embarrass or shame the debtor, or prejudice\nthe debtor in his or her employment.\ninquiry agent means a person who, for monetary or other\nconsideration, performs any of the following functions:\n(a) obtaining or providing information as to the personal character\nor actions of any person, or as to the business or occupation\nof any person;\n(b) obtaining evidence for the purpose of any legal proceedings;\n(c) searching for missing persons;\non behalf of any other person.\nlicence means a licence granted under Part 2, Division 2 to carry\non business as one of the following kinds of agent:\n(a) a commercial agent;\n(b) inquiry agent;\n(c) process server;\n(d) private bailiff.\n\nPart 1 Preliminary matters\nCommercial and Private Agents Licensing Act 1979 3\nofficer in relation to a corporation, means any director, manager or\nsecretary of the corporation.\norder includes decision, direction or declaration.\nprescribed means prescribed by regulation.\nprivate bailiff means a person who holds a licence as a private\nbailiff under this Act.\nprocess server means a person who, for monetary or other\nconsideration, performs the function of serving any writ, summons\nor other legal process on behalf of any other person.\nregistrar, see section 3 of the Local Court Act 2015.\nreviewable decision, see section 35(1).\nNote for section 3(1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) A reference in this Act to a category of licence is a reference to:\n(a) a licence by the kind of agent that the licence authorises to\ncarry on business; or\n(b) all licences authorising the same kind of agents to carry on\nbusiness.\n4 Application\n(1) This Act does not apply to:\n(a) a police officer or member of the Australian Federal Police\nacting in accordance with the police officer or member's\nduties; or\n(b) a Chief Executive Officer or public sector employee while\nacting in the performance of the Chief Executive Officer or\nemployee's functions under the Public Sector Employment\nand Management Act 1993; or\n(c) an employee of the Crown or any instrumentality of the Crown\nwhile acting in the performance of the employee's functions as\nsuch an employee; or\n(ca) an employee of the Power Retail Corporation established\nunder the Power Retail Corporation Act 2014 while acting in\nthe performance of the employee's functions as such an\nemployee; or\n\nPart 2 Licensing of agents\nDivision 1 Offences\nCommercial and Private Agents Licensing Act 1979 4\n(d) a legal practitioner acting in the ordinary course of the\npractitioner's profession; or\n(e) a clerk of a legal practitioner while acting in the ordinary\ncourse of the clerk's employment as a clerk of the practitioner;\nor\n(f) an accountant while acting in the ordinary course of the\naccountant's profession; or\n(g) an officer of any court while acting in the performance of the\nofficer's functions as an officer of that court; or\n(h) a trustee company, an ADI or a person carrying on the\nbusiness of insurance, insurance broking, insurance\nadjustment or deposit-taking, while acting in the ordinary\ncourse of business as such or an employee of any such body\nor person while acting in the ordinary course of the\nemployee's employment; or\n(i) a person employed under a contract of service by a person\nwho is not an agent while acting in the ordinary course of that\nemployment; or\n(j) a person authorised by the Power and Water Corporation,\nestablished by the Power and Water Corporation Act 1987, to\nrequest and receive payment of money due and owing to it by\nmembers of an Aboriginal community or group while acting in\nthe ordinary course of requesting and receiving those\npayments.\n(2) The Regulations under this Act may exempt to the extent\nprescribed any class of persons from the operation of this Act.\nPart 2 Licensing of agents\nDivision 1 Offences\n5 No activities as agent unless licensed\nSubject to this Act, a person must not carry on business as a\ncommercial agent, an inquiry agent, a process server or a private\nbailiff unless he or she has been issued a licence of the appropriate\ncategory.\nMaximum penalty: 500 penalty units.\n\nPart 2 Licensing of agents\nDivision 2 Grant of licence\nCommercial and Private Agents Licensing Act 1979 5\n6 Breach of terms or conditions of licence\nAn agent must not contravene a term or condition of his or her\nlicence.\nMaximum penalty: 500 penalty units.\nDivision 2 Grant of licence\n7 Application for licence\n(1) A person may apply to the Director for a licence to carry on\nbusiness as a commercial agent, inquiry agent, private bailiff or\nprocess server.\n(2) An applicant may be:\n(a) an agent applying for a category of licence other than the\ncategory the agent holds; or\n(b) a person who is employed by an agent; or\n(c) any other person.\n(3) An applicant may apply for one licence or a number of licences of\ndifferent categories.\n(4) An application is to:\n(a) be in an approved form; and\n(ab) specify a licence period of 3 or 5 years; and\n(b) contain the information that is indicated by the form or\notherwise prescribed; and\n(c) be accompanied by the prescribed processing fee.\n8 Director may require additional information\n(1) The Director may request an applicant for a licence to provide any\none or more of the following in support of the application:\n(a) information additional to that contained in his or her\napplication;\n(b) a document relating to the information contained in the\napplication or the additional information.\n\nPart 2 Licensing of agents\nDivision 2 Grant of licence\nCommercial and Private Agents Licensing Act 1979 6\n(2) The Director may request the applicant or, if the applicant is a\ncorporation, an officer of the applicant to:\n(a) appear personally before the Director; and\n(b) provide further information in connection with the application.\n(3) The applicant must comply with a request of the Director made\nunder this section.\n9 Objections to application\n(1) On receiving an application for a licence, the Director must give to\nthe Commissioner of Police a copy of it and any accompanying\ndocuments other than statements relating to the material and\nfinancial resources of the applicant.\n(4) The Commissioner of Police must, within 28 days of receiving the\ncopy of the application and any accompanying documents, give to\nthe Director a notice in writing that either supports the application or\nobjects to the grant of a licence to the applicant on the grounds that\nthe applicant or, if the applicant is a corporation, an officer of the\napplicant may not be a fit and proper person.\n(5) An objection to the grant of a licence is to state the reasons for the\nobjection.\n10 Inquiry by Director\nIf:\n(a) an objection is made under section 9 to the grant of a licence;\nor\n(b) the Director considers that there may be grounds for refusing\nto grant the licence;\nthe Director must hold an inquiry as to whether to grant the\napplication.\n11 Grounds for refusing to grant licence to individual\n(1) The Director must refuse to grant a licence on an application made\nby an individual if:\n(a) the applicant is less than 18 years of age; or\n(b) the applicant is disqualified under section 17P from holding a\nlicence; or\n\nPart 2 Licensing of agents\nDivision 2 Grant of licence\nCommercial and Private Agents Licensing Act 1979 7\n(c) the applicant is taking the benefit of a law for the relief of\nbankrupt or insolvent debtors or is a person whose\nremuneration is being assigned for the benefit of creditors; or\n(d) the applicant fails to comply with a request of the Director\nunder section 8; or\n(e) the applicant does not comply with the prescribed\nqualifications or other prescribed requirements; or\n(f) in the opinion of the Director, the applicant is not likely to carry\non the business as agent the subject of the application\nhonestly and fairly; or\n(g) in the opinion of the Director, the applicant is in any other way\nnot a fit and proper person to hold a licence; or\n(h) in the opinion of the Director, a person with whom it appears\nthe applicant would, if granted the licence, carry on the\nbusiness as an agent in partnership is a person to whom the\nDirector would, if that person were the applicant, refuse to\ngrant the licence.\n(2) Without limiting subsection (1)(f) and (g), in determining whether an\napplicant is a fit and proper person to hold a licence, the Director\nmust have regard to whether the applicant:\n(a) has, during the period of 10 years immediately before the date\nthe applicant made his or her application, been found guilty of\nor served a part of a term of imprisonment for an offence\n(wherever committed) involving fraud, dishonesty or physical\nviolence; or\n(b) was, at the time the application was made, the subject of a\ncharge in relation to such an offence or bound in relation to\nsuch an offence by a recognisance; or\n(c) has at any time been found guilty of an offence against this\nAct, the Regulations or any other enactment administered by\nthe Minister.\n12 Grounds for refusing to grant licence to corporation\n(1) The Director must refuse to grant a licence on an application made\nby a corporation if:\n(a) a person concerned in the management of the corporation is\nless than 18 years of age; or\n\nPart 2 Licensing of agents\nDivision 2 Grant of licence\nCommercial and Private Agents Licensing Act 1979 8\n(b) the applicant is disqualified under section 17P from holding a\nlicence; or\n(c) the applicant fails to comply with a request of the Director\nunder section 8; or\n(d) the applicant does not comply with the prescribed\nqualifications or other prescribed requirements; or\n(e) in the opinion of the Director, the applicant is not likely to carry\non the business as agent the subject of the application\nhonestly and fairly; or\n(f) in the opinion of the Director, the reputation of the applicant is\nsuch that the applicant is not a fit and proper person to hold a\nlicence; or\n(g) in the opinion of the Director, an officer of the applicant is not\nof good reputation or character and, if he or she were the\napplicant, would not be a fit and proper person to hold a\nlicence; or\n(h) in the opinion of the Director, any person (other than an officer\nof the corporation) who appears to have control or substantial\ncontrol of the applicant is not of good reputation or character\nor is not likely to exercise that control honestly and fairly; or\n(j) in the opinion of the Director, a person with whom it appears\nthe applicant would, if granted the licence, carry on business\nas an agent in partnership is a person to whom the Director\nwould, if that person were the applicant, refuse to grant the\nlicence.\n(2) Without limiting subsection (1)(e), (f), (g) or (h), in determining any\nmatter mentioned in those paragraphs, the Director must have\nregard to whether the applicant, any other person mentioned in\nthose paragraphs or a person who is an associate of the applicant:\n(a) has, during the period of 10 years immediately preceding the\ndate the applicant made the application, been found guilty of\nor served a part of a term of imprisonment for an offence\n(wherever committed) involving fraud, dishonesty or physical\nviolence; or\n(b) was, at the time the application was made, either the subject\nof a charge in relation to such an offence ; or\n(c) has at any time been found guilty of an offence against this\nAct, the Regulations or any other enactment administered by\nthe Minister.\n\nPart 2 Licensing of agents\nDivision 2 Grant of licence\nCommercial and Private Agents Licensing Act 1979 9\n(3) In this section:\nassociate, see Part 1.2, Division 2 of the Corporations Act 2001.\n13 Grant of licence\n(1) Unless the Director is required to refuse to grant a licence under\nsection 11 or 12, the Director must grant a licence to an applicant.\n(2) The Director must not grant a licence to an applicant unless it is of\nthe same category as applied for by the applicant.\n(3) The Director may not grant a licence that authorises the carrying on\nof the business of more than one kind of agent.\n14 Term and renewal of licence\n(1) A licence granted by the Director, if issued under section 17A, has\neffect for the licence period specified in the application for the grant\nof the licence.\n(2) A licence issued under section 17A may be renewed in accordance\nwith section 17D.\n15 Other terms and conditions of licence\n(1) The Director may, subject to this Act, grant a licence subject to the\nother terms and conditions, including conditions relating to the\nconduct of audits of an agent's business, as he or she considers\nappropriate.\n(2) It is a term of a licence that the agent's business authorised by the\nlicence is to be carried on at a place specified in the licence.\n(3) If more than one place of business is specified in a licence, the\nlicence must specify which is the agent's principal place of\nbusiness.\n(4) The terms and conditions imposed on a licence by or under this\nsection are to be specified on the licence.\n16 Notification of Director's decision, appeal etc.\n(1) The Director must, within 45 days after receiving an application for\na licence, notify the applicant in writing that:\n(a) the Director has granted the licence to the applicant and that\nthe applicant will be issued the licence on paying the\nprescribed licence fee; or\n(b) the Director has refused to grant the licence.\n\nPart 2 Licensing of agents\nDivision 2 Grant of licence\nCommercial and Private Agents Licensing Act 1979 10\n(2) A notice under subsection (1)(a) is to:\n(a) specify the terms and conditions that the Director proposes to\nimpose on the licence; and\n(b) invite the applicant to make to the Director, within the period of\nnot more than 14 days specified in the notice, oral or written\nsubmissions regarding the proposed terms and conditions of\nthe licence.\n(3) After considering the applicant's submissions, the Director may\nimpose the terms and conditions the Director considers appropriate\non the licence, whether or not as proposed in the notice under\nsubsection (2)(a).\n(4) A notice under subsection (1)(b) must:\n(a) set out the Director's reasons for the decision; and\n(b) state that the applicant may make an application to NTCAT for\nreview of the decision under section 35.\n17A Issue of licence and payment of licence fee\n(1) If a person who receives a notice under section 16(1)(a) pays the\nprescribed licence fee, the Director must issue the licence to the\nperson.\n(2) The Director must not issue the licence before the person pays the\nprescribed licence fee.\n(3) The licence issued to the person must state the licence period for\nwhich it has effect.\n(4) For subsection (3), the licence period:\n(a) is the licence period specified in the application for the grant of\nthe licence; and\n(b) starts on the day on which the licence is issued.\n17B Duration of licence\nA licence has effect:\n(a) until the end of the licence period specified in the licence; or\n(b) until it is cancelled; or\n(c) until it is surrendered; or\n\nPart 2 Licensing of agents\nDivision 3 Miscellaneous matters\nCommercial and Private Agents Licensing Act 1979 11\n(d) unless it is suspended; or\n(e) if it is granted to an individual (but subject to section 17F) –\nunless the agent dies; or\n(f) if it is granted to a corporation – unless the agent is dissolved;\nas the case may require.\nDivision 3 Miscellaneous matters\n17C Variation of licence\n(1) Subject to this section, the Director may:\n(a) on his or her own motion; or\n(b) on the application of an agent;\nby notice in writing given to the agent, vary a term or condition of\nthe agent's licence.\n(2) Before varying a licence under subsection (1)(a) the Director must\ngive the agent written notice:\n(a) specifying the proposed variation; and\n(b) specifying the reasons for the variation; and\n(c) inviting the agent to, within the period of not less than 28 days\nspecified in the notice, submit reasons why the variation\nshould not be made.\n(3) If, after considering the agent's submissions, the Director continues\nto consider that the variation is appropriate, the Director may vary\nthe licence, whether or not as proposed in the notice under\nsubsection (2).\n(4) An agent's application for variation of the agent's licence under\nsubsection (1)(b) is to be in an approved form and accompanied by\nthe prescribed fee.\n(5) A licence may be varied by the addition of a new term or condition\nor the substitution or deletion of any of its existing terms and\nconditions.\n(6) If an agent applies under subsection (1)(b) to vary the licence by\ndeleting, adding or substituting a place at which the agent is\nauthorised to carry on business under the licence or the place\nwhich is the agent's principal place of business, the Director must\n\nPart 2 Licensing of agents\nDivision 3 Miscellaneous matters\nCommercial and Private Agents Licensing Act 1979 12\nvary the licence accordingly on being satisfied that to do so would\nnot result in the agent contravening a law in force in the Territory.\n(7) A variation of a licence takes effect on:\n(a) the date notice of the variation is given to the licensee; or\n(b) the date specified for that purpose in the notice;\nwhichever last occurs.\n(8) On receiving the notice of the variation, the agent must produce the\nlicence to the Director for endorsement of the variation on the\nlicence.\n(9) Subsections (2), (3), (4), (5), (6) and (7) do not apply if the variation\nis for a formal or clerical reason that does not alter the effect of the\nlicence.\n17D Renewal of licence\n(1) An agent may, within 3 months before the expiry date of the agent's\nlicence, apply to the Director to renew the agent's licence.\n(2) If an application for renewal is made while the licence is still in\nforce, the agent's licence continues to remain in force until the\napplication for renewal is determined.\n(2A) If the application for renewal is granted, the renewed licence is\ntaken to have commenced on the date following the expiry date of\nthe licence it renews.\n(3) This Part applies, to the extent necessary, to and in relation to the\nrenewal of a licence as if references in this Part to an application for\na licence, the grant of a licence or a licence include references to\nan application to renew a licence, the renewal of a licence or a\nrenewed licence.\n17E Agent's manager to be approved by Director\n(1) An agent must not carry on business at a place unless there is\npresent and in charge of the operations of the business at the\nplace:\n(a) if the agent is a corporation – an individual approved by the\nDirector to be the manager of the place; or\n\nPart 2 Licensing of agents\nDivision 3 Miscellaneous matters\nCommercial and Private Agents Licensing Act 1979 13\n(b) if the agent is an individual – either the agent or another\nindividual approved by the Director to be the manager of the\nplace.\nMaximum penalty: 500 penalty units.\n(2) The Regulations may:\n(a) make provision with respect to applications to the Director for\napprovals for this section; or\n(b) specify the period within which the Director must approve or\nrefuse to approve a person as manager; or\n(c) specify the manner in which approval or refusal to approve a\nperson as manager is to be made and notice of the approval\nor refusal is to be given and require the Director to specify\nreasons if he or she refuses to approve a person as manager;\nor\n(d) specify the grounds on which the Director must refuse to\napprove a person as a manager; or\n(e) enable the Director to make enquiries and seek advice\nconcerning the suitability of an individual to be a manager and\nprescribe information that the Director may consider in\ndetermining the person's suitability; or\n(f) prescribe conditions that the Director may impose on\napprovals and enable the Director to impose the prescribed\nconditions that he or she considers appropriate for each\napproval; or\n(g) specify the period for which an approval has effect; or\n(h) empower the Director to revoke an approval and prescribe the\ngrounds on which an approval may be revoked; or\n(k) prescribe the fees payable when applying for the approval of a\nperson as manager and when the approval is granted and the\ntime for and manner of the payment of the fees.\n17F Death of agent\n(1) If an agent dies, a person who is or who is named as or who\nintends to apply to be a legal personal representative of the\ndeceased agent may, within 28 days after the death or any longer\nperiod that the Director agrees to, apply to the Director to carry on\nthe deceased agent's business as an agent for the period ending:\n\nPart 2 Licensing of agents\nDivision 3 Miscellaneous matters\nCommercial and Private Agents Licensing Act 1979 14\n(a) 6 months after the date of the agent's death; or\n(b) immediately before the next succeeding anniversary of the\ndate of the grant of the licence;\nwhichever last occurs.\n(2) The Director may authorise or refuse to authorise the person to\ncarry on the deceased agent's business as an agent.\n(3) If the Director authorises the person to carry on the deceased\nagent's business, he or she may impose the conditions relating to\nthe conduct of the business that he or she considers appropriate.\n(4) On a person being authorised to carry on the business of a\ndeceased agent, the person:\n(a) has all the rights, authorities, powers, functions and\nobligations of the deceased agent; and\n(b) is to be taken to be the holder of the deceased agent's\nlicence.\n(5) If the Director imposes conditions on the conduct of the business of\na deceased agent by the person authorised to carry on the\nbusiness under this section, the person must as, soon as\nreasonably possible after being authorised to carry on the business,\nproduce the licence to the Director to endorse the conditions on the\nlicence.\nMaximum penalty: 50 penalty units.\n17G Changes in officers of corporation\n(1) If, for an agent that is a corporation, a person becomes an officer of\nthe agent in addition to or in place of an existing officer, the agent\nmust give notice of that fact to the Director within 28 days of the\ndate the person became an officer of the agent.\n(2) Notice under subsection (1) is to:\n(a) state the full name, date of birth and present residential\naddress of the person; and\n(b) give the date on which the person became an officer of the\nagent; and\n(c) state any other addresses where the person resided during\nthe 3 year period immediately before the date of the notice;\nand\n\nPart 2 Licensing of agents\nDivision 3 Miscellaneous matters\nCommercial and Private Agents Licensing Act 1979 15\n(d) state whether the person has (whether in the Territory or\nelsewhere) previously carried on business as an agent or\nbeen employed by an agent and, if so, give particulars of that\nbusiness or employment; and\n(e) be accompanied by a certificate signed by 2 other persons to\nthe effect that the person would, if that person were an\napplicant for a licence, be a fit and proper person to hold a\nlicence.\n(3) On receiving a notice under subsection (1), the Director must give a\ncopy of the notice to the Commissioner of Police.\n(4) The Commissioner of Police must, within 14 days of receiving the\nnotice, give to the Director a notice in writing that does one of the\nfollowing:\n(a) objects to the agent continuing to hold a licence on the ground\nthat the person who became the officer of the agent would, if\nthat person were an applicant for a licence, not be a fit and\nproper person to hold a licence;\n(b) states that nothing is known about the person that is a ground\nfor objecting to the agent continuing to hold a licence.\n17H Licence not transferable\nA licence is not transferable.\n17J Surrender of licence\n(1) An agent may surrender his or her licence by notice in writing to the\nDirector.\n(2) On the surrender of a licence, the licence ceases to have effect but\nthe person who surrendered the licence remains liable for:\n(a) paying all outstanding debts and any other liability incurred by\nor obligation imposed before the surrender on the person as\nagent; and\n(b) an act or omission done, caused, permitted or made by the\nperson as agent before the surrender.\n\nPart 3 Suspension and cancellation etc. of licence\nCommercial and Private Agents Licensing Act 1979 16\nPart 3 Suspension and cancellation etc. of licence\n17K Director may vary, suspend or cancel licence\n(1) If the Director considers that:\n(a) a licence is obtained by misrepresentation; or\n(ab) an agent has used harassing tactics when performing a\nfunction as an agent; or\n(b) an agent is a person who would, if the agent were an applicant\nfor a licence, be refused a licence under section 11 or 12; or\n(c) an agent that is a corporation has failed to give notice under\nsection 17G(1) of a change in the officers of the agent;\nthe Director may, subject to this Part:\n(d) vary a term or condition of the licence or impose a new term or\ncondition; or\n(e) suspend the licence for a specified period; or\n(f) cancel the licence.\n(2) The Director is not required to exercise a power conferred by\nsubsection (1) if he or she considers that, in the circumstances of a\nparticular case, it is not necessary in the public interest.\n17L Inquiry before exercise of power\n(1) The Director must not exercise a power conferred by section 17K(1)\nunless he or she has held an inquiry under this section.\n(2) If the Director considers that there may be grounds on which to\nexercise a power under section 17K(1), the Director must give\nwritten notice that he or she proposes to hold an inquiry to:\n(a) the agent concerned; and\n(b) if the Director considers that a person other than the agent\nmay be affected by the exercise of the power – to that other\nperson.\n(3) The notice is to:\n(a) state the ground or grounds that the Director considers may\nauthorise the exercise of the power; and\n\nPart 3 Suspension and cancellation etc. of licence\nCommercial and Private Agents Licensing Act 1979 17\n(b) request the agent to make written and oral submissions to the\nDirector regarding the inquiry; and\n(c) specify the date (which is not to be less than 7 clear days after\nthe date on which the notice is given to the agent) by which\nthe Director is to have received the agent's written\nsubmissions; and\n(d) specify a date after the date mentioned in paragraph (c) when\nthe Director will hear the agent's oral submissions.\n(4) If the Director considers it necessary in the public interest, the\nDirector may, by the notice given under subsection (2), suspend the\nagent's licence from the date on which that notice is given to the\nagent until notice is given to the agent under section 17M.\n17M Result of inquiry\n(1) If, after holding an inquiry under section 17L, the Director decides to\ntake no further action in respect of the matter, the Director must\ngive written notice of the Director's decision to the agent.\n(2) If, after holding the inquiry, the Director decides that there are\ngrounds for the exercise of a power under section 17K(1) and that\nthe Director will exercise the power, the Director must give notice in\nwriting of the Director's decision to the agent:\n(a) stating the decision of the Director; and\n(b) stating the ground or grounds for the exercise of the power;\nand\n(c) if the Director decides to vary a term or condition of or impose\na new condition on a licence – requiring the agent to produce\nthe licence to the Director for endorsement of its variation and\nspecifying the time within which the agent must produce the\nlicence to the Director; and\n(d) if the Director decides to suspend the licence – stating the\nperiod of suspension; and\n(e) stating the agent may make an application to NTCAT for\nreview of the Director's decision under section 35.\n\nPart 6 Trust accounts and prescribed records\nCommercial and Private Agents Licensing Act 1979 18\n17P Disqualification resulting from cancellation or suspension of\nlicence\n(1) If the Director suspends a licence under this Part and, on review,\nNTCAT confirmed the Director's decision, the agent under the\nlicence must not during the period of suspension:\n(a) carry on business as an agent; or\n(b) be employed or otherwise engaged in the business of another\nagent.\nMaximum penalty: 500 penalty units.\n(2) If the Director cancels a licence under this Part and, on review,\nNTCAT confirmed the Director's decision, the person who was the\nagent under the licence is disqualified from holding a licence for a\nperiod of 12 months from the date when the cancellation took\neffect.\n(3) A person who is disqualified from holding a licence under\nsubsection (2) must not during the period of disqualification be\nemployed or otherwise engaged in the business of an agent.\nMaximum penalty: 500 penalty units.\n(4) An agent must not employ or otherwise engage in the agent's\nbusiness an agent whose licence has been suspended or a former\nagent whose licence has been cancelled during the period of\ndisqualification mentioned in subsection (1) or (2).\nMaximum penalty: 500 penalty units.\nPart 6 Trust accounts and prescribed records\n23 Moneys held on trust\n(1) Subject to this Act, all moneys received for or on behalf of a person\nby an agent must be held by the agent exclusively for that person.\n(2) All moneys received by an agent on behalf of any person must be\npaid into and held in a trust account with an ADI in the Territory in\nthe name of the agent.\n(3) An agent must pay into the agent's trust account any moneys\nrequired to be paid into that trust account within 2 working days of\nreceipt of those moneys.\n\nPart 6 Trust accounts and prescribed records\nCommercial and Private Agents Licensing Act 1979 19\n(4) If an agent receives money from a person upon whom he or she\nhas served a summons or against whom he or she has executed a\nwarrant, the agent must immediately notify the Director of the\nreceipt of that money.\n(5) Money must not be paid out of an agent's trust account otherwise\nthan to or as directed by the person on whose behalf the agent\nholds the money.\nMaximum penalty: 20 penalty units or imprisonment for\n12 months.\n24 Moneys not liable for attachment\n(1) Moneys held in an agent's trust account are not liable to be\nattached or taken in execution under an order or process of any\ncourt at the instance of any creditor other than a creditor of the\nperson on whose behalf the moneys were received by the agent.\n(2) This section does not prevent the removal of moneys from the trust\naccount to satisfy a lawful claim or lien that the agent has upon\nthose moneys.\n25 Prescribed records\n(1) An agent must keep or cause to be kept fully and correctly\nprescribed records and other prescribed documents in relation to\nthe functions performed by the agent in his or her capacity as an\nagent.\nMaximum penalty: 50 penalty units.\n(1A) An offence against subsection (1) is a regulatory offence.\n(2) An agent must not destroy, falsify or mutilate any record or other\ndocument kept for subsection (1) or cause or permit any such\nrecord or other document to be destroyed, falsified or mutilated\nwithin the period of 5 years after it was made or to be removed from\nthe agent's possession during that period.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n26 Inspection of prescribed records\n(1) All prescribed records and other prescribed documents of an agent\nor a person who has ceased to be an agent must at all reasonable\ntimes be open to inspection by the Director or a police officer or by\na person authorised in writing by the Director to inspect those\nrecords or those other documents.\n\nPart 6 Trust accounts and prescribed records\nCommercial and Private Agents Licensing Act 1979 20\n(2) The Director, a police officer or a person authorised by the Director\nmay require an agent or, if the agent is a corporation, the person\nwho manages the business of the corporation conducted under the\nlicence, or in the absence of that person, any person having\napparent control of the business:\n(a) to produce for inspection all or any prescribed records and\nother prescribed documents; and\n(b) to provide such other documents in his or her custody or\ncontrol as may be reasonably required for the purpose of\nascertaining whether there has been any contravention of this\nAct or any other Act or law in connection with trust moneys.\n(3) The Director, a police officer, or a person authorised to do so may\ntake any copies or extracts from or make any notes concerning any\nrecords or other documents subject to inspection.\n(4) A person must not:\n(a) wilfully delay or obstruct any inspection under this section; or\n(b) wilfully mutilate or destroy, or in any way alter any record or\nother document to delay or obstruct any inspection under this\nsection; or\n(c) on demand refuse or fail to comply with a requirement duly\nmade of him or her under this section.\nMaximum penalty: 100 penalty or imprisonment for 6 months.\n27 Restriction on disposition of moneys\n(1) The Director may by written notice served upon an ADI or other\nperson having the custody or control of trust moneys affected by\nthe provisions of this Part, restrict or prohibit any dealing in or\ndisposition of those moneys.\n(2) A person who acts in contravention of an order under\nsubsection (1) is guilty of an offence and liable to a penalty on\nbeing found guilty not exceeding 100 penalty units or imprisonment\nfor 6 months.\n28 Investigation of trust accounts\n(1) If the Director:\n(a) has considered a report of an investigation into the trust\naccount of an agent; and\n\nPart 6 Trust accounts and prescribed records\nCommercial and Private Agents Licensing Act 1979 21\n(b) is satisfied that the agent has received moneys for or on\nbehalf of a person and has not properly accounted for those\nmoneys in the agent's trust account;\nthe Director may, by written notice to the manager or other principal\nofficer of an ADI, being the body with which the agent has\ndeposited any money in a trust account in the agent's capacity as\nagent, direct that, until the Director revokes the notice, no moneys\nare to be drawn from the trust account without the Director's\nconsent.\n(2) The manager or other principal officer of an ADI that receives a\nnotice mentioned in subsection (1) must give effect to the direction\nof the Director.\n28A Audit\n(1) The Director may appoint a person to carry out an audit of the\nbooks, accounts, records and other documents of an agent that\nrelate to the conduct of the agent's business.\n(2) The Director must not appoint a person under subsection (1) unless\nhe or she is satisfied that the person is suitably qualified or has\nsuitable experience to enable him or her to conduct the audit.\n(3) In conducting an audit, the person:\n(a) is entitled at all reasonable times to full and free access to a\nlicensee's books, accounts and records as necessary to\ncomplete the audit; and\n(b) may request the agent or the manager of a place where the\nagent is carrying on business to answer a question or to\nproduce any document relating to the agent's records that is\nunder his or her custody or control; and\n(c) may make copies of or take extracts from a book, account or\nrecord or other document to which the auditor has access or\nthat is produced for the auditor.\n(4) The costs and expenses of the person carrying out the audit are\npayable by and recoverable from the agent.\n(5) A person must not hinder, obstruct or interfere with a person\nappointed under subsection (1) who is carrying out an audit in the\nproper manner.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n\nPart 7 Employment, powers and duties of private bailiffs\nCommercial and Private Agents Licensing Act 1979 22\n29 Suspension of licences\n(2) If a licence is suspended under this Act, the Director must cause a\nnotice to be published in a newspaper circulating in the area where\nthe agent carried on business in the Northern Territory fixing a date\nby which time any person having a claim against the trust account\nof the agent whose licence has been suspended must lodge a claim\nform with the Director.\n(3) Any person who fails to claim within the time specified in the\nadvertisement published under subsection (2) is not entitled to\nshare in the distribution of moneys payable from the trust account\nunless the Director otherwise directs.\n(4) The Director or some other person appointed by the Minister must\nadmit or reject proof of claims made against moneys in the trust\naccount and no action lies against the Director or a person so\nappointed for any decision made in good faith in relation to such\nclaims.\n(5) If the moneys standing to the credit of the trust account are\ninsufficient to satisfy the amount of all admitted claims the Director\nmust make pro rata payments to the claimants and must by notice\nin writing demand from the agent payment of the balance required\nto meet admitted claims.\n(7) The cost of administering the trust account in accordance with this\nsection is a debt due by the agent and is recoverable in a court of\ncompetent jurisdiction.\nPart 7 Employment, powers and duties of private\nbailiffs\n30 Employment of private bailiff\n(1) A private bailiff may be employed by a person or a legal practitioner\nacting for a person who is entitled to the issue of a warrant under\nthe Local Court (Civil Procedure) Act 1989 to execute that warrant.\n(2) If a private bailiff is employed under subsection (1) the person\nemploying the bailiff must inform a registrar.\n(3) The registrar (2) must issue the warrant to the private bailiff so\nnominated.\n\nPart 7 Employment, powers and duties of private bailiffs\nCommercial and Private Agents Licensing Act 1979 23\n31 Nomination of private bailiff\n(1) If a person is entitled to the issue of a warrant of execution or arrest\nunder the Local Court (Civil Procedure) Act 1989 and has not\nnominated a private bailiff, a registrar may require the person to\nnominate a private bailiff to execute that warrant.\n(2) If a registrar requires a person to nominate a private bailiff under\nsubsection (1), the registrar must issue the warrant to the private\nbailiff.\n(3) If a person fails to nominate a private bailiff after the registrar has\nrequired the person to do so, the registrar may appoint a private\nbailiff to execute the warrant.\n32 Private bailiff to accept warrant\nA private bailiff must not without reasonable excuse refuse to\naccept a warrant of execution or arrest issued by a registrar to him\nor her.\nMaximum penalty: 10 penalty units.\n33 Rights and powers of private bailiff\n(1) If a private bailiff is employed under section 30, the fees for service\nor execution payable under the Local Court Act 2015 are not\npayable to a Registrar by the person entitled to the issue of the\nwarrant, and the private bailiff is entitled only to such amount as is\nagreed between the private bailiff and the person employing him or\nher.\n(1A) If a private bailiff is employed under section 31, the fees payable\nunder the Local Court Act 2015 must be paid to the Local Court by\nthe person entitled to the issue of the warrant, and the private\nbailiff, subject to the approval of a registrar, is entitled to those fees.\n(4) A private bailiff is not an employee of the Northern Territory.\n(5) A private bailiff is, in the execution of a warrant issued to him or her\nunder this Act and in respect of any money recovered under such a\nwarrant, subject to the direction of a registrar.\n33A Recovery of costs on execution of warrant\n(1) Subject to subsection (2) but despite section 33(1), a person\nemploying a private bailiff may recover the fees for service or\nexecution payable under the Local Court Act 2015 from the person\nagainst whom a warrant is executed.\n\nPart 7A Director\nCommercial and Private Agents Licensing Act 1979 24\n(2) When a person employing a private bailiff pays the private bailiff an\namount exceeding the fees for service or execution payable under\nthe Local Court Act 2015, the person against whom a warrant is\nexecuted is not liable for the excess so paid.\nPart 7A Director\n33B Director\n(1) The Minister must, in writing, appoint a public sector employee to\nbe the Director.\n(2) The Minister may, in writing, determine that the Director be known\nby another name.\n(3) If the Minister determines under subsection (2) that the Director be\nknown by another name, a reference in this Act to the Director is\ntaken to be a reference to that name.\n(4) For subsection (1), the Minister may appoint:\n(a) a public sector employee by name; or\n(b) a public sector employee by reference to the office, position or\ndesignation held or occupied by the employee; or\n(c) a public sector employee from time to time holding, acting in\nor performing the duties of a named office, position or\ndesignation.\n33C Powers of entry\n(1) Subject to subsection (2), the Director may, at any reasonable time\nfor the purposes of ascertaining whether a provision of this Act or of\nthe Regulations is being or has been complied with, enter any place\nwhich the Director knows or believes on reasonable grounds to be\na place where:\n(a) a person carries on a business as an agent; or\n(b) a document or thing relating to any such business is kept.\n(2) The Director is not entitled to enter any place used for residential\npurposes except:\n(a) with the consent of the occupier; or\n(b) under the authority of a search warrant.\n\nPart 7A Director\nCommercial and Private Agents Licensing Act 1979 25\n(3) The Director may exercise the powers conferred by section 33E in\nrelation to a place entered under subsection (1).\n33D Powers exercisable after entry\n(1) If the Director enters a place under section 33C, the Director may,\nas far as is applicable to that place, do any of the following:\n(a) seize without payment, and detain, any goods which the\nDirector believes on reasonable grounds to be in the\npossession of the agent as part of a business carried out\nunder this Act;\n(b) ask questions of any person found at the place;\n(c) require the production of documents;\n(d) require the production of passwords for the purposes of\ngaining access to computers or other electronic devices or\ndocuments;\n(e) inspect and require explanations of any document;\n(f) take copies of or extracts from any document or, if in the\nDirector's opinion it is not appropriate for copies or extracts to\nbe taken at the place, remove a document for a reasonable\ntime to enable copies or extracts to be taken.\n(2) If the Director seizes goods under subsection (1)(a), the person\nfrom whom the goods were seized is, on application to the Director,\nentitled to their return, if:\n(a) the period during which prosecutions for an offence under this\nAct may be commenced has expired and no prosecutions\nhave been commenced; or\n(b) proceedings for an offence under this Act have been\ncommenced and the defendant is not, on the determination of\nthose proceedings, found guilty of an offence.\n33E Warrants\n(1) The Director may apply to a justice of the peace for a warrant to\nenter a place mentioned in section 33C(1).\n(2) A justice of the peace who is satisfied that, for the purpose\nspecified in section 33C(1), there is reasonable cause to permit the\nDirector to enter the place with a view to exercising the powers\nconferred by section 33D may issue a warrant directed to the\nDirector to enter the place specified in the warrant for the purpose\n\nPart 7A Director\nCommercial and Private Agents Licensing Act 1979 26\nof exercising those powers.\n(3) A warrant issued under subsection (2) is, for a period of 1 month\nfrom its issue, sufficient authority:\n(a) to the Director, and to all persons acting in aid of the Director,\nto enter the place specified in the warrant; and\n(b) to the Director, to exercise in respect of the place specified in\nthe warrant the powers conferred on the Director by\nsection 33D.\n(4) If it is impracticable for the Director to apply in person for a warrant\nunder subsection (1), the Director may make the application by\ntelephone, and the justice of the peace may issue the warrant on\nthat application.\n(5) If a justice of the peace issues a warrant under subsection (4):\n(a) the justice of the peace must:\n(i) complete and sign the warrant; and\n(ii) inform the Director by telephone of its terms; and\n(iii) record on the warrant the justice of the peace's reasons\nfor issuing it; and\n(b) the Director must:\n(i) complete in duplicate a form of warrant in the terms\nissued by the justice of the peace; and\n(ii) write on the form of warrant the name of the justice of\nthe peace and the date and time of its issue; and\n(iii) forward a copy to the justice of the peace.\n(6) On receiving the copy referred to in subsection (5)(b)(iii), the justice\nof the peace must:\n(a) compare it with the warrant signed by the justice of the peace;\nand\n(b) if satisfied that they are in substance identical – note this fact\non the warrant; and\n(c) forward both the warrant and the copy to the Director.\n\nPart 8 General\nCommercial and Private Agents Licensing Act 1979 27\n(7) A form of warrant prepared by the Director under subsection (5)(b)\nhas, if it is in accordance with the terms of the warrant signed by\nthe justice of the peace, the same authority as a warrant issued by\na justice of the peace under subsection (2).\n(8) If an application has been made to a justice of the peace under\nsubsection (4) and the application has been refused, subject to\nsubsection (9) the Director must not make a further application to\nany justice of the peace under subsection (4) in respect of that\nmatter.\n(9) If an application under subsection (4) has been made to a justice of\nthe peace and the application has been refused, a further\napplication may be made to a justice of the peace if the Director\nsatisfies the justice of the peace that the Director has, since the\ntime of the original application, received further information or\nevidence which is material to an application under subsection (4).\n33F Delegation\nThe Director may, in writing, delegate any of the Director's powers\nand functions under this Act:\n(a) to another public sector employee; or\n(b) with the consent of the Minister, to any other person.\n33G Approved forms\nThe Director may approve forms for this Act.\nPart 8 General\n34 Director may waive or refund fee\n(1) The Director may, in a particular case, waive the whole or part of a\nfee payable under this Act.\n(2) The Director may, in a particular case, refund the whole or a part of\na fee that accompanies an application made under this Act.\n35 Review by NTCAT\n(1) A reviewable decision is:\n(a) a decision of the Director specified in the Schedule; or\n(b) a decision made under the Regulations that is prescribed by\nregulation to be a reviewable decision for this section.\n\nPart 8 General\nCommercial and Private Agents Licensing Act 1979 28\n(2) An affected person is:\n(a) for a reviewable decision referred to in subsection (1)(a) – a\nperson specified in the Schedule for the decision; or\n(b) for a reviewable decision referred to in subsection (1)(b) – a\nperson prescribed by regulation to be an affected person for\nthe decision.\n(3) NTCAT has jurisdiction to review a reviewable decision.\n(4) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 35\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n38 Multiple licences\nA person may hold a number of licences of different categories\nsimultaneously.\n39 Employee to be licensed\n(1) An agent must not employ a person to act as a commercial agent,\nan inquiry agent, a process server or a private bailiff unless the\nperson so employed holds a licence of the category which applies\nto the work for which the person is employed.\nMaximum penalty: 5 penalty units.\n(2) An offence against subsection (1) is a regulatory offence.\n40 Fees for agents\nA person is not entitled to sue for, recover or retain any\ncommission, fee, gain or reward for any service performed by the\nperson as an agent unless at the time of performing that service the\nperson was a holder of a licence of the category under which the\nperson performed the service.\n41 Rights not affected by licence\nA licence does not confer upon any person any power or authority\nto act in contravention of, or in disregard of any law or rights or\nprivileges guaranteed or arising under or protected by any law.\n\nPart 8 General\nCommercial and Private Agents Licensing Act 1979 29\n42 Offence to exceed power\nAn agent must not:\n(a) suggest or imply that because of his or her licence the agent\nmay exercise any power or authority which in fact the agent\ncould not exercise if this Act had not been passed; or\n(b) use or attempt to use his or her licence to exercise any power\nor authority which the agent could not exercise if this Act had\nnot been passed.\nMaximum penalty: 500 penalty units.\n43 Commercial agent to report on motor vehicles\nA commercial agent who takes possession of a motor vehicle that is\nsubject to a hire purchase agreement, chattel mortgage or bill of\nsale:\n(a) must as soon as practicable after taking possession of the\nmotor vehicle inform a police officer on duty at the Police\nStation nearest to the place where the commercial agent took\npossession of the vehicle; and\n(b) within 24 hours after taking possession of the motor vehicle,\ndeliver or send by post to the officer in charge of the Police\nStation nearest to the commercial agent's registered address,\nwritten particulars in duplicate of the motor vehicle including\nparticulars of the registered number of the motor vehicle.\nMaximum penalty: 20 penalty units.\n44 Offence to use harassing tactics\nAn agent must not use harassing tactics when performing a\nfunction as an agent.\nMaximum penalty: 500 penalty units.\n45 Civil remedies not affected\nNothing in this Act affects any civil remedy that a person may have\nagainst an agent in respect of any matter.\n46A Infringement notices\n(1) The Director or a person authorised by the Director may serve on a\nperson who has allegedly committed a prescribed offence against\nthis Act a notice providing for the payment to the Director of a\n\nPart 8 General\nCommercial and Private Agents Licensing Act 1979 30\nprescribed amount instead of the penalty that may otherwise be\nimposed on being found guilty of committing the offence.\n(2) The notice served under subsection (1) is to:\n(a) specify the name and, if not the same, business name, the\naddress and, for an individual, the date of birth of the person\nwho allegedly committed the offence; and\n(b) describe the offence and specify the provision of this Act that\nthe person has allegedly contravened; and\n(c) specify the date or approximate date when or period during\nwhich and the place where the offence was committed; and\n(d) specify the amount payable to the Director; and\n(e) specify the period after the date of the service of the notice\nwithin which the person must pay the amount to the Director,\nand the place where the payment should be made, to avoid\nprosecution in respect of the offence; and\n(f) state that:\n(i) in order to avoid prosecution in respect of the alleged\ncommission of the offence the person may pay the\namount specified in the notice to the Director; and\n(ii) the payment of the amount is instead of the penalty by\nwhich the offence is otherwise punishable; and\n(iii) on payment of the amount the person will not be liable\nfor a penalty or costs for the offence; and\n(iv) if the person wishes to be dealt with by a court in relation\nto the offence, he or she should not pay the amount to\nthe Director; and\n(g) describe the procedures that apply if the person does not pay\nthe amount to the Director or wishes to be dealt with by a\ncourt.\n46B Service of notice etc. on corporation\nIf, under this Act, a summons, notice, order or other document is\nrequired to be served on or delivered to a corporation, the\nsummons, notice, order or document may be served on or delivered\nto the nominee appointed under section 10(1).\n\nPart 9 Transitional matters for Red Tape Reduction (Miscellaneous Amendments)\nAct 2016\nCommercial and Private Agents Licensing Act 1979 31\n47 Regulations\nThe Administrator may make regulations under this Act.\nPart 9 Transitional matters for Red Tape Reduction\n(Miscellaneous Amendments) Act 2016\n48 Definitions\nIn this Part:\namending provision means Part 2, Division 3 of the Red Tape\nReduction (Miscellaneous Amendments) Act 2016.\ncommencement means the commencement of the amending\nprovision.\nexisting application means an application for the grant or renewal\nof a licence that, immediately before the commencement, had not\nbeen decided.\nexisting licence means a licence in force immediately before the\ncommencement.\n49 Term and renewal of existing licence\n(1) The term of an existing licence is the term that has effect in\naccordance with section 14 of this Act, as in force immediately\nbefore the commencement.\n(2) However, an agent may apply for the renewal of the agent's existing\nlicence for a term of 3 or 5 years in accordance with section 17D as\nin force after the commencement as if the existing licence had been\nissued after the commencement.\n50 Existing application\n(1) If the Commissioner decides to grant or renew a licence the subject\nof an existing application, this Act, as in force immediately before\nthe commencement, continues to apply in relation to the grant,\nrenewal and issue of the licence as if the amending provision had\nnot commenced.\n(2) The prescribed fee payable by the applicant before the licence is\nissued is the fee that would have been payable under section 16 if\nthe amending provision had not commenced.\n\nPart 10 Transitional matters for Justice and Licensing Legislation Further Amendment\nAct 2022\nCommercial and Private Agents Licensing Act 1979 32\n(3) An agent to whom a licence the subject of an existing application is\nissued may apply for the renewal of the licence, for a term of 3 or\n5 years, in accordance with section 17D as in force after the\ncommencement.\nPart 10 Transitional matters for Justice and Licensing\nLegislation Further Amendment Act 2022\n51 Definitions\namending Act means Part 3, Division 2 of the Justice and\nLicensing Legislation Further Amendment Act 2022.\ncommencement means the commencement of the amending Act.\nCommissioner means the Commissioner as defined in section 3(1)\nas in force immediately before the commencement.\n52 Delegation\nA delegation by the Commissioner of any of the Commissioner's\npowers or functions under this Act that is in force immediately\nbefore the commencement is taken to be a delegation by the\nDirector made under section 33F.\n53 Pending applications\n(1) Subsection (2) applies in relation to an application if, before the\ncommencement:\n(a) the application had been made to the Commissioner under\nthis Act; and\n(b) the Commissioner had not made a decision on the application.\n(2) The application must be dealt with and decided in accordance with\nthis Act as in force immediately before the commencement.\n(3) The decision made by the Commissioner on the application is taken\nto be a decision made by the Director under this Act.\n54 Pending appeals\n(1) Subsection (2) applies in relation to an appeal if, before the\ncommencement:\n(a) the appeal had been commenced under this Act; and\n(b) a decision on the appeal had not been made.\n\nPart 10 Transitional matters for Justice and Licensing Legislation Further Amendment\nAct 2022\nCommercial and Private Agents Licensing Act 1979 33\n(2) The appeal must be dealt with in accordance with this Act as in\nforce immediately before the commencement.\n55 Appeals not yet commenced\n(1) Subsection (2) applies in relation to a decision if, before the\ncommencement:\n(a) the decision had been made by the Commissioner and the\nperiod for appealing the decision had not expired; and\n(b) an appeal had not been commenced.\n(2) A person who would have been entitled to appeal against the\ndecision under this Act as in force immediately before the\ncommencement may do so under this Act as in force after the\ncommencement as if the decision had been made by the Director.\n56 Continuation of ongoing documents and actions\n(1) On the commencement, an ongoing document continues with the\nsame force and effect as if it had been issued by, or given to, the\nDirector.\n(2) On the commencement, an ongoing action continues with the same\nforce and effect as if it had been done by, or in relation to, the\nDirector.\n(3) This section applies subject to the other provisions of this Part.\n(4) In this section, a reference to something done before the\ncommencement includes a reference to something done after the\ncommencement in accordance with this Part as if it had been done\nbefore the commencement.\n(5) In this section:\nongoing action means an action or thing that:\n(a) was done by, or in relation to, the Commissioner before the\ncommencement in or for the exercise of a power or\nperformance of a function under this Act that, on the\ncommencement, is conferred on the Director; and\n(b) immediately before the commencement, had ongoing effect.\n\nPart 11 Transitional matters for Statute Law Amendment (NTCAT Conferral of\nJurisdiction) Act 2023\nCommercial and Private Agents Licensing Act 1979 34\nongoing document means a document that:\n(a) was issued by, or given to, the Commissioner before the\ncommencement in or for the exercise of a power or\nperformance of a function under this Act that, on the\ncommencement, is conferred on the Director; and\n(b) immediately before the commencement, had ongoing effect.\n57 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences committed after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n(4) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\nPart 11 Transitional matters for Statute Law\nAmendment (NTCAT Conferral of Jurisdiction)\nAct 2023\n58 Definitions\nIn this Part:\namending Act means the Statute Law Amendment (NTCAT\nConferral of Jurisdiction) Act 2023.\ncommencement means the commencement of Part 6 of the\namending Act.\nformer appeal provisions means:\n(a) sections 17 and 17N, as in force immediately before the\ncommencement; and\n\nPart 11 Transitional matters for Statute Law Amendment (NTCAT Conferral of\nJurisdiction) Act 2023\nCommercial and Private Agents Licensing Act 1979 35\n(b) regulation 10 of the Regulations, as in force immediately\nbefore the commencement.\nnew review provisions means:\n(a) section 35, as inserted by section 49 of the amending Act; and\n(b) regulation 10 of the Regulations, as inserted by section 54 of\nthe amending Act.\n59 NTCAT review limited to decisions made after commencement\nThe new review provisions apply only in relation to a reviewable\ndecision that is made after the commencement.\n60 Appeals not instituted before commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to appeal to the Local Court against a decision of\nthe Director under the former appeal provisions; and\n(b) had not yet instituted an appeal against the decision.\n(2) The person may appeal to the Local Court against the decision in\naccordance with the former appeal provisions, as if Part 6 of the\namending Act had not commenced.\n(3) The Local Court must hear and determine the person's appeal in\naccordance with the former appeal provisions, as if Part 6 of the\namending Act had not commenced.\n61 Appeals not determined before commencement\n(1) Subsection (2) applies in relation to an appeal to the Local Court\nthat:\n(a) was instituted by a person under the former appeal provisions;\nand\n(b) had not been finally determined by the Local Court before the\ncommencement.\n(2) The Local Court must continue to hear and determine the person's\nappeal in accordance with the former appeal provisions, as if Part 6\nof the amending Act had not commenced.\n\nSchedule Reviewable decisions\nCommercial and Private Agents Licensing Act 1979 36\nSchedule Reviewable decisions\nsection 35\nItem Reviewable decision Affected person\n1 A decision under section 11 or 12 to refuse\nto grant a licence\nThe applicant for the\nlicence\n2 A decision under section 11 or 12, and with\nreference to section 17D(3), to refuse to\nrenew a licence\nThe applicant for the\nrenewal of the licence\n3 A decision to exercise a power conferred by\nsection 17K(1) in relation to an agent\nThe agent\n\nENDNOTES\nCommercial and Private Agents Licensing Act 1979 37\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\nbl = by-law om = omitted\nch = Chapter pt = Part\ndiv = Division r = regulation/rule\nexp = expires/expired renum = renumbered\nf = forms rep = repealed\nGaz = Gazette s = section\nhdg = heading sch = Schedule\nins = inserted sdiv = Subdivision\nlt = long title SL = Subordinate Legislation\nN/C = not commenced sub = substituted\n2 LIST OF LEGISLATION\nCommercial and Private Agents Licensing Act 1979 (Act No. 41, 1979)\nAssent date 27 April 1979\nCommenced 12 September 1980 (Gaz G37, 12 September 1980, p 2)\nStatute Law Revision (No. 3) 1979 (Act No. 37, 1980)\nAssent date 24 April 1980\nCommenced 24 April 1980\nCommercial and Private Agents Licensing Amendment Act 1981 (Act No. 21, 1981)\nAssent date 25 March 1981\nCommenced 25 March 1981\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nLaw Officers Amendment Act (No. 2) 1986 (Act No. 48, 1986)\nAssent date 10 December 1986\nCommenced 19 December 1986 (Gaz S87, dated 17 December 1986)\nStatute Law Revision Act 1993 (Act No. 6, 1993)\nAssent date 18 March 1993\nCommenced 18 March 1993\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nStatute Law Revision Act (No. 2) 1993 (Act No. 70, 1993)\nAssent date 9 November 1993\nCommenced 9 November 1993\n\nENDNOTES\nCommercial and Private Agents Licensing Act 1979 38\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 and Gaz S15,\n13 June 1996)\nFinancial Institutions (Miscellaneous Amendments) Act 1997 (Act No. 23, 1997)\nAssent date 2 June 1997\nCommenced 2 June 1997\nTerritory Insurance Office (Miscellaneous Amendments) Act 1998 (Act No. 37, 1998)\nAssent date 27 May 1998\nCommenced 27 May 1998\nStatute Law Revision Act 2000 (Act No. 19, 2000)\nAssent date 6 June 2000\nCommenced s 6: 4 December 1999; rem: 12 July 2000 (Gaz G27,\n12 July 2000, p 2)\nCommercial and Private Agents Licensing Amendment Act 2000 (Act No. 49, 2000)\nAssent date 1 November 2000\nCommenced 1 December 2001 (s 2)\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nJustice Legislation Amendment Act (No. 2) 2006 (Act No. 35, 2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nPower and Water Corporation Legislation Amendment Act 2014 (Act No. 13, 2014)\nAssent date 13 May 2014\nCommenced 29 May 2014 (Gaz S29, 29 May 2014, p 2)\n\nENDNOTES\nCommercial and Private Agents Licensing Act 1979 39\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nRed Tape Reduction (Miscellaneous Amendments) Act 2016 (Act No. 12, 2016)\nAssent date 10 May 2016\nCommenced 1 July 2016 (Gaz G26, 29 June 2016, p 2)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,\n2022)\nAssent date 14 April 2022\nCommenced pt 7: 25 May 2023 (Gaz G11, 25 May 2023, p 2);\nrem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)\nJustice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)\nAssent date 31 October 2022\nCommenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,\n21 December 2022, p 1)\nStatute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023)\nAssent date 21 September 2023\nCommenced 27 November 2023 (Gaz G24, 23 November 2023, p 2)\nTrade, Business and Asian Relations Legislation Amendment (Streamlining Licensing\nSchemes and Other Matters) Act 2026 (Act No. 2, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\nss 6(2) and 17 Commercial and Private Agents Licensing Amendment\nAct 2000 (Act No. 49, 2000)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 30, 31, 33 and 33A.\n\nENDNOTES\nCommercial and Private Agents Licensing Act 1979 40\n5 LIST OF AMENDMENTS\npt 1 hdg amd No. 30, 2011, s 3\ns 3 amd No. 21, 1981, s 3; No. 37, 1998, s 3; No. 49, 2000, s 4; No. 38, 2002,\ns 6; No. 30, 2011, s 3; No. 8, 2016, s 45; No. 12, 2016, s 16; No. 21, 2022,\ns 20; No. 24, 2023, s 40\ns 4 amd No. 21, 1981, s 4; No. 28, 1993, s 3; No. 50, 1994, s 3; No. 23, 1997,\ns 6; No. 38, 2002, s 6; No. 54, 2004, s 7; No. 44, 2005, s 35; No. 30, 2011,\ns 3; No. 13, 2014, s 32; No. 8, 2016, s 45; No. 4, 2017, s 34; No. 24, 2023,\ns 41\npt II hdg sub No. 49, 2000, s 5\npt II\ndiv 1 hdg ins No. 49, 2000, s 5\ns 5 sub No. 49, 2000, s 5\namd No. 12, 2010, s 3\ns 6 sub No. 49, 2000, s 5\namd No. 12, 2010, s 3; No. 30, 2011, s 3\npt II\ndiv 2 hdg ins No. 49, 2000, s 5\ns 7 amd No. 21, 1981, s 5\nsub No. 49, 2000, s 5\namd No. 30, 2011, s 3; No. 12, 2016, s 17; No. 5, 2022, s 37; No. 21, 2022,\ns 23\ns 8 amd No. 21, 1981, s 6; No. 17, 1996, s 6\nsub No. 49, 2000, s 5\namd No. 21, 2022, s 23\ns 9 amd No. 48, 1986, s 9\nsub No. 49, 2000, s 5\namd No. 5, 2022, s 38; No. 21, 2022, s 23\ns 10 amd No. 21, 1981, s 7\nsub No. 49, 2000, s 5\namd No. 30, 2011, s 3; No. 21, 2022, s 23\ns 11 amd No. 21, 1981, s 8; No. 48, 1986, s 9; No. 17, 1996, s 6\nsub No. 49, 2000, s 5\namd No. 30, 2011, s 3; No. 8, 2016, s 45; No. 21, 2022, s 23\ns 12 amd No. 18, 2002, s 6\nsub No. 49, 2000, s 5\namd No. 30, 2011, s 3; No. 8, 2016, s 45; No. 21, 2022, s 23\ns 13 sub No. 49, 2000, s 5\namd No. 21, 2022, s 23\ns 14 sub No. 49, 2000, s 5; No. 12, 2016, s 18\namd No. 21, 2022, s 23\ns 15 sub No. 49, 2000, s 5\namd No. 21, 2022, s 23\ns 16 amd No. 21, 1981, s 9; No. 48, 1986, s 9; No. 17, 1996, s 6; No. 19, 2000, s 9\nsub No. 49, 2000, s 5\namd No. 30, 2011, s 3; No. 12, 2016, s 19; No. 21, 2022, s 23; No. 24, 2023,\ns 42\ns 17 amd No. 21, 1981, s 10\nsub No. 49, 2000, s 5\namd No. 21, 2022, s 23\nrep No. 24, 2023, s 43\ns 17A ins No. 49, 2000, s 5\namd No. 12, 2016, s 20; No. 21, 2022, s 23\ns 17B ins No. 49, 2000, s 5\namd No. 30, 2011, s 3; No. 12, 2016, s 21\n\nENDNOTES\nCommercial and Private Agents Licensing Act 1979 41\npt II\ndiv 3 hdg ins No. 49, 2000, s 5\namd No. 30, 2011, s 3\ns 17C ins No. 49, 2000, s 5\namd No. 30, 2011, s 3; No. 21, 2022, s 23\ns 17D ins No. 49, 2000, s 5\namd No. 12, 2016, s 22; No. 21, 2022, s 23; No. 2, 2026, s 20\ns 17E ins No. 49, 2000, s 5\namd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 21, 2022, s 23; No. 24, 2023,\ns 44\ns 17F ins No. 49, 2000, s 5\namd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 21, 2022, s 23\ns 17G ins No. 49, 2000, s 5\namd No. 30, 2011, s 3; No. 21, 2022, s 23\ns 17H ins No. 49, 2000, s 5\ns 17J ins No. 49, 2000, s 5\namd No. 21, 2022, s 23\npt III hdg sub No. 49, 2000, s 5\ns 17K ins No. 49, 2000, s 5\namd No. 35, 2006, s 7; No. 30, 2011, s 3; No. 21, 2022, s 23\ns 17L ins No. 49, 2000, s 5\namd No. 44, 2005, s 35; No. 30, 2011, s 3; No. 21, 2022, s 23\ns 17M ins No. 49, 2000, s 5\namd No. 30, 2011, s 3; No. 21, 2022, s 23; No. 24, 2023, s 45\ns 17N ins No. 49, 2000, s 5\namd No. 21, 2022, s 23\nrep No. 24, 2023, s 46\ns 17P ins No. 49, 2000, s 5\namd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 21, 2022, s 23; No. 24, 2023,\ns 47\npt IV hdg rep No. 49, 2000, s 5\npt V hdg rep No. 5, 2022, s 39\ns 18 sub No. 21, 1981, s 11\namd No. 49, 2000, s 6; No. 54, 2004, s 7; No. 30, 2011, s 3\nrep No. 5, 2022, s 39\ns 19 sub No. 21, 1981, s 11\namd No. 30, 2011, s 3\nrep No. 5, 2022, s 39\ns 20 amd No. 49, 2000, s 16; No. 30, 2011, s 3; No. 38, 2014, s 2\nrep No. 5, 2022, s 39\ns 21 amd No. 30, 2011, s 3\nrep No. 5, 2022, s 39\ns 22 amd No. 49, 2000, s 16; No. 30, 2011, s 3\nrep No. 5, 2022, s 39\ns 23 amd No. 21, 1981, s 12; No. 23, 1997, s 6; No. 49, 2000, s 16; No. 38, 2002,\ns 6; No. 12, 2010, s 3; No. 30, 2011, s 3; No. 4, 2017, s 34\ns 24 amd No. 30, 2011, s 3\ns 25 amd No. 49, 2000, s 7; No. 12, 2010, s 3; No. 30, 2011, s 3\ns 26 amd No. 49, 2000, s 16; No. 12, 2010, s 3; No. 30, 2011, s 3; No. 21, 2022,\ns 23\ns 27 amd No. 17, 1996, s 6; No. 49, 2000, s 16; No. 38, 2002, s 6; No. 30, 2011,\ns 3; No. 4, 2017, s 34; No. 21, 2022, s 23\ns 28 amd No. 23, 1997, s 6; No. 49, 2000, s 8; No. 38, 2002, s 6; No. 30, 2011,\ns 3; No. 4, 2017, s 34; No. 21, 2022, s 23\ns 28A ins No. 49, 2000, s 9\namd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 21, 2022, s 23\ns 29 amd No. 49, 2000, s 10; No. 30, 2011, s 3; No. 38, 2014, s 2; No. 5, 2022,\ns 40; No. 21, 2022, s 23\n\nENDNOTES\nCommercial and Private Agents Licensing Act 1979 42\ns 30 amd No. 21, 1981, s 13; No. 19, 2000, s 9; No. 49, 2000, s 16; No. 30, 2011,\ns 3; No. 38, 2014, s 2; No. 8, 2016, s 45\ns 31 amd No. 19, 2000, s 9; No. 49, 2000, s 16; No. 30, 2011, s 3; No. 8, 2016,\ns 45\ns 32 amd No. 49, 2000, s 16; No. 12, 2010, s 3; No. 30, 2011, s 3; No. 8, 2016,\ns 45\ns 33 amd No. 37, 1980, s 5; No. 21, 1981, s 14; No. 6, 1993, s 8; No. 19, 2000,\ns 9; No. 49, 2000, s 11; No. 30, 2011, s 3; No. 38, 2014, s 2; No. 8, 2016,\ns 45; No. 24, 2023, s 48\ns 33A ins No. 21, 1981, s 15\namd No. 6, 1993, s 8; No. 19, 2000, s 9; No. 30, 2011, s 3; No. 8, 2016, s 45\npt 7A hdg ins No. 21, 2022, s 21\nss 33B – 33G ins No. 21, 2022, s 21\ns 34 sub No. 49, 2000, s 12\namd No. 21, 2022, s 23\ns 35 rep No. 49, 2000, s 12\nins No. 24, 2023, s 49\ns 36 amd No. 21, 1981, s 16\nrep No. 49, 2000, s 12\ns 37 rep No. 49, 2000, s 12\ns 39 amd No. 49, 2000, s 13; No. 12, 2010, s 3; No. 30, 2011, s 3\ns 40 amd No. 30, 2011, s 3\nss 42 – 43 amd No. 49, 2000, s 16; No. 12, 2010, s 3; No. 30, 2011, s 3\ns 44 rep No. 49, 2000, s 14\nins No. 35, 2006, s 8\ns 45 amd No. 30, 2011, s 3\ns 46 amd No. 30, 2011, s 3\nrep No. 26, 2015, s 10\ns 46AA ins No. 68, 1983, s 105\namd No. 70, 1993, s 8\nrep No. 49, 2000, s 15\ns 46A ins No. 21, 1981, s 17\nsub No. 49, 2000, s 15\namd No. 30, 2011, s 3; No. 21, 2022, s 23\ns 46B ins No. 21, 1981, s 17\namd No. 30, 2011, s 3; No. 38, 2014, s 2\ns 47 amd No. 30, 2011, s 3\npt 9 hdg ins No. 12, 2016, s 23\nss 48 – 50 ins No. 12, 2016, s 23\npt 10 hdg ins No. 21, 2022, s 22\nss 51 – 57 ins No. 21, 2022, s 22\npt 11 hdg ins No. 24, 2023, s 50\nss 58 – 61 ins No. 24, 2023, s 50\nsch ins No. 24, 2023, s 50","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1979 Act was a straightforward licensing scheme. Over 45+ years of amendments, it has grown significantly beyond its original scope. Key expansions include: (1) elaborate trust account and audit provisions added in 2000; (2) detailed anti-harassment provisions (section 44) added in 2006; (3) comprehensive inspection, entry and warrant powers for the Director added in 2022 (Part 7A); (4) multiple transitional regimes preserving old appeal pathways while introducing NTCAT review; and (5) the 2026 amendment extending licence periods to 5 years. The Act now functions as a full regulatory framework with consumer protection, criminal enforcement, and administrative law components, not merely a licensing registry."},"complexity_factors":["Multiple overlapping categories of agents with slightly different definitions (commercial vs inquiry vs process server vs private bailiff)","Extensive cross-referencing between Parts — e.g., disqualification under section 17P affects licensing decisions under sections 11 and 12","Conditional logic for corporations vs individuals (different 'fit and proper' tests in sections 11 and 12)","Nested exceptions in Part 1 section 4 — 10 specific exemptions plus a regulation-making power for further exemptions","Three separate transitional Parts (Parts 9, 10, and 11) dealing with different amending Acts, each with their own definitions and savings provisions","Delegated legislation dependencies — many critical operational details left to regulations (e.g., fees, manager approval processes, infringement notice offences)","Dual pathways for enforcement: criminal penalties (up to 500 penalty units) plus civil remedies, plus infringement notices for minor offences","Complex inspection and warrant procedures in sections 33C-33E including telephone warrant provisions with duplicate documentation requirements"],"plain_english_summary":"This Act establishes a licensing regime for commercial and private agents in the Northern Territory — debt collectors, repossession agents, inquiry agents, process servers and private bailiffs — requiring licences, fit-and-proper vetting, trust-account rules and prohibitions on harassment. The Director oversees licensing, inspections and discipline, with appeals to NTCAT.\n\nIt affects anyone operating or starting these businesses (and their corporate managers) and protects clients and debtors by reducing abuse, safeguarding client funds and keeping unsuitable operators out of the industry."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond a simple licensing regime to a fuller regulatory and enforcement framework. Newer provisions establish a Director with investigative, entry, seizure and warrant powers (ss 33B–33E), formal audit powers (s 28A), a prescriptive trust-account regime with bank directions and claim procedures (ss 23–29), an infringement-notice mechanism (s 46A) and merits review by NTCAT (s 35). These additions increase administrative control, compliance burdens and state enforcement discretion compared with a narrow licensing law."},"complexity_factors":["Multiple licence categories and overlapping obligations for individuals and corporations (definitions and licence scope: ss 3, 7, 13)","Broad administrative discretion vested in the Director to grant, vary, suspend or cancel licences and impose conditions (ss 15, 17C, 17K)","Detailed application, investigation and inquiry procedures with time limits, Police input and applicant obligations (ss 7–10, 16, 17L)","Extensive trust-account regime with strict deposit, use, advertising of suspension, claim processes and civil recovery steps (ss 23–29)","Inspection, seizure and warrant powers including entry limits for residential premises and post-entry powers (ss 33C–33E)","Audit powers and cost recovery tied to Director-appointed auditors (s 28A)","Mix of criminal and regulatory offences with varied maximum penalties and infringement-notice regime (ss 5–6, 25, 26, 46A)","Manager approval and corporate officer notification duties that create additional compliance vectors (ss 17E, 17G)","External review and appeal architecture moved to NTCAT with transitional complexity and schedule of reviewable decisions (s 35, Schedule)","Extensive transitional and amendment history incorporated into the Act, producing multiple saving and transitional rules (Parts 9–11 and Endnotes)"],"plain_english_summary":"This Act creates and enforces a licensing system for commercial agents, inquiry agents, process servers and private bailiffs. It sets application, approval, renewal and refusal rules; requires trust accounts and record-keeping; and gives the Director powers to inspect, audit, issue warrants, vary, suspend or cancel licences. It affects anyone who performs debt collection, repossession, service of process, investigations or bailiff work, plus their employees and the banks holding trust funds. Compliance changes how those businesses handle money, records and staff and increases administrative and enforcement exposure."}},"importantCases":[],"_links":{"self":"/api/acts/commercial-and-private-agents-licensing-act-1979","history":"/api/acts/commercial-and-private-agents-licensing-act-1979/history","analysis":"/api/acts/commercial-and-private-agents-licensing-act-1979/analysis","conflicts":"/api/acts/commercial-and-private-agents-licensing-act-1979/conflicts","importantCases":"/api/acts/commercial-and-private-agents-licensing-act-1979/important-cases","documents":"/api/acts/commercial-and-private-agents-licensing-act-1979/documents"}}