51ASuitability—assistant real estate agents

51A Suitability—assistant 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 registered as an assistant real estate agent. Note A review of a decision to refuse to register an applicant may include a review of the commissioner’s decision on the applicant’s suitability (see sch 1, item 7). (3) In deciding whether a person is unsuitable to be registered, 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 assistant real estate 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 4.3 Registration procedures and details—