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Agents Act 2003
51People disqualified from being registered
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51 People disqualified from being registered
(1) A person is disqualified from being registered as an assistant property
agent if the person—
(a) for registration of a person other than as an assistant real estate
agent—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 registration of a person as an assistant real estate agent—is
found unsuitable to be licensed under section 51A; or
(c) is bankrupt or, at any time in the last 3 years—
(i) has been bankrupt; or
Division 4.2 Eligibility, qualifications and disqualification—assistant property agents
(ii) has executed a personal insolvency agreement; or
(d) has a mental incapacity that may affect the exercise of the
person’s functions as a registered assistant property agent; or
(e) is registered and has contravened, or is contravening, an order
of the ACAT; or
(f) holds a registration that is suspended; or
(g) is disqualified by the ACAT from being licensed or registered;
or
(h) is disqualified under a corresponding law from holding an
authority (however described) to be an agent or an employee of
an agent; or
(i) holds an authority (however described) under a corresponding
law to be an agent or an employee of an agent that is suspended;
or
(j) is a registered assistant property agent who is applying for
another kind of registration and has contravened, or is
contravening, a condition of the person’s registration; or
(k) 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 registered only
because subsection (1) (c) applies to the person if the commissioner
for fair trading is satisfied that the person took all reasonable steps to
avoid the bankruptcy or personal insolvency agreement mentioned in
the paragraph.
(3) Also, a person is not disqualified from being registered only because
the person has contravened, or is contravening, a registration
condition if the commissioner for fair trading decides that the
contravention should be disregarded for this section.
Eligibility, qualifications and disqualification—assistant property agents Division 4.2