ACTIn ForceAct
Agents Act 2003
51ASuitability—assistant real estate agents
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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—