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Agents Act 2003
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4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
6 Application of Act
This Act does not apply to the following:
(a) an executor under a will or an administrator under letters of
administration;
(b) a trustee of a deceased estate;
(c) the public trustee and guardian;
(d) a trustee company under the Trustee Companies Act 1947
exercising functions under that Act;
(e) an administrator, a receiver or a liquidator under the
Corporations Act;
(f) a manager under the Guardianship and Management of
Property Act 1991;
(g) a bailiff;
(h) a sheriff;
(i) another court officer;
(j) a lawyer exercising the functions of a lawyer;
(k) a Minister;
(l) an entity prescribed by regulation.