100Registrar to consider applications

100 Registrar to consider applications (1) Subject to section 99(6), the Registrar shall consider an application made in accordance with this Part and shall determine: (a) the amount of the pecuniary loss in respect of which compensation may be paid to the applicant under this Part; or (b) that there is no pecuniary loss in respect of which compensation may be so paid. (2) Subsection (1) does not require the Registrar to be satisfied: (a) that a person has been found guilty of an offence arising out of a defalcation or misappropriation; or (b) that there is evidence upon which a person might be found guilty of such an offence. (3) Before making a determination under subsection (1), the Registrar may, if he or she is of the opinion that the circumstances so warrant, require the applicant to institute against the agent, employee, partner, person by whom an agent firm is constituted or director to whose defalcation or misappropriation the claim relates, or any other person considered to be liable in respect of the loss, or

Agents Licensing Act 1979 71 both, proceedings for the recovery of the money the subject of the defalcation or the property the subject of the misappropriation, including proceedings to follow assets and any property into which the money or other property may have been converted. (4) Where the Registrar requires a person to institute proceedings under subsection (3), the Registrar is liable to pay out of the moneys of the Fund the costs and other expenses necessarily incurred by the person by reason of the institution of the proceedings. (5) The Registrar shall give to an applicant for compensation under this Part notice in writing stating: (a) the amount that the Registrar has determined is the pecuniary loss in respect of which compensation may be paid to the applicant under this Part; or (b) that the Registrar has determined that there is no pecuniary loss in respect of which compensation may be so paid. (6) In a notice given under this section, the Registrar shall state the grounds on which he or she has made the determination referred to in the notice.