ACTIn ForceAct
Agents Act 2003
27ASuitability—real estate agents
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27A Suitability—real estate agents
(1) This section applies to a person if the person has been convicted of a
relevant offence.
(2) The commissioner for fair trading may decide the person is unsuitable
to be licensed as a real estate agent.
Note A review of a decision to refuse to issue a licence to a person may include
a review of the commissioner’s decision on the person’s suitability (see
sch 1, item 2).
(3) In deciding whether a person is unsuitable to be licensed, the
commissioner for fair trading must have regard to the following
matters:
(a) when the offence was committed;
(b) the nature, seriousness and circumstances of the offence;
(c) whether the offence indicates the person may be a risk to
members of the public;
(d) the relevance of the offence to the person’s duties as an agent;
(e) whether the offence was committed by the person in the course
of their duties as a real estate agent or assistant real estate agent;
(f) whether the ACAT has made an occupational discipline order in
relation to the person.
Division 3.3 Licence procedures and details—