ACTIn ForceAct
Agents Act 2003
27People disqualified from being licensed
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27 People disqualified from being licensed
(1) A person is disqualified from being licensed as an agent if the
person—
(a) for a licence other than a real estate agent’s licence—has been
convicted of an ACT dishonesty offence or a non-ACT offence
that is similar in nature to an ACT dishonesty offence; or
Note A conviction does not include a spent conviction (see Spent
Convictions Act 2000, s 16 (c) (i)).
(b) for a real estate agent’s licence—is found unsuitable to be
licensed under section 27A; or
(c) is bankrupt or, at any time in the last 3 years—
(i) has been bankrupt; or
(ii) has executed a personal insolvency agreement; or
(d) at any time in the last 3 years was involved in the management
of a corporation when—
(i) the corporation became the subject of a winding-up order;
or
(ii) a controller or administrator was appointed; or
(e) has a mental incapacity that may affect the exercise of the
person’s functions as licensee; or
(f) is licensed and has contravened, or is contravening, an order of
the ACAT; or
(g) holds a licence that is suspended; or
(h) is disqualified by the ACAT from being licensed or registered;
or
(i) is disqualified under a corresponding law from holding an
authority (however described) to be an agent or be an employee
of an agent; or
(j) holds an authority (however described) under a corresponding
law to be an agent or be an employee of an agent that is
suspended; or
(k) is in partnership with a person disqualified from being licensed
or registered; or
(l) is a corporation that is the subject of a winding-up order; or
(m) is a corporation for which a controller or administrator has been
appointed; or
(n) is a licensed agent who is applying for a licence or the renewal
of a licence and has contravened, or is contravening, a condition
of the person’s licence; or
(o) has contravened, or is contravening, a provision of this Act
prescribed by regulation as a disqualifying breach.
(2) However, a person is not disqualified from being licensed only
because subsection (1) (c) or (d) applies to the person if the
commissioner for fair trading is satisfied that the person took all
reasonable steps to avoid the bankruptcy, personal insolvency
agreement, winding-up or appointment mentioned in the paragraph.
(3) Also, a person is not disqualified from being licensed only because
the person has contravened, or is contravening, a licence condition if
the commissioner for fair trading decides that the contravention
should be disregarded for this section.