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Agents Act 2003
72Licensed property agent must not share commission etc
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72 Licensed property agent must not share commission etc
with unlicensed person
(1) A licensed property agent commits an offence if—
(a) the licensed agent—
(i) enters into an agreement or arrangement with an
unlicensed person; or
(ii) acts with an unlicensed person; and
(b) the unlicensed person is not a registered assistant property agent;
and
(c) the unlicensed person would, apart from this section, be entitled
to a share of the commission, fee or reward payable to the
licensed agent for the provision of a service for which the
licensed agent is required to be licensed.
(3) This section does not apply in relation to an agreement, arrangement
or action by a licensed property agent with a partner of the agent who
does not carry on business as an agent.
(4) An agreement or arrangement mentioned in subsection (1) is void so
far as it purports to provide an entitlement mentioned in
subsection (1) (c).
(5) A person is not entitled to bring a proceeding to recover a
commission, fee or reward for a service provided by the person if, in
providing the service, the person contravened subsection (1).
(6) Subsections (4) and (5) apply whether or not anyone has been
convicted of an offence against subsection (1).
(7) A provision in, or applying to, an agreement that purports to exclude
or change the operation of this section is void.
(8) In this section:
unlicensed person means a person who—
(a) is not licensed under this Act; and
(b) either—
(i) does not hold an authority (however described) under a
corresponding law to be an agent or an employee of an
agent; or
(ii) holds an authority mentioned in subparagraph (i) that is
suspended.