NORTHERN TERRITORY OF AUSTRALIA
COMMERCIAL AND PRIVATE AGENTS LICENSING ACT 1979
As in force at 10 February 2026
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
4 Application ....................................................................................... 3
Part 2 Licensing of agents
Division 1 Offences
5 No activities as agent unless licensed ............................................. 4
6 Breach of terms or conditions of licence .......................................... 5
Division 2 Grant of licence
7 Application for licence ...................................................................... 5
8 Director may require additional information ..................................... 5
9 Objections to application.................................................................. 6
10 Inquiry by Director ........................................................................... 6
11 Grounds for refusing to grant licence to individual ........................... 6
12 Grounds for refusing to grant licence to corporation ........................ 7
13 Grant of licence ............................................................................... 9
14 Term and renewal of licence............................................................ 9
15 Other terms and conditions of licence ............................................. 9
16 Notification of Director's decision, appeal etc. ................................. 9
17A Issue of licence and payment of licence fee .................................. 10
17B Duration of licence ......................................................................... 10
Division 3 Miscellaneous matters
17C Variation of licence ........................................................................ 11
17D Renewal of licence ........................................................................ 12
17E Agent's manager to be approved by Director ................................ 12
17F Death of agent ............................................................................... 13
17G Changes in officers of corporation ................................................. 14
17H Licence not transferable ................................................................ 15
17J Surrender of licence ...................................................................... 15
Commercial and Private Agents Licensing Act 1979 ii
Part 3 Suspension and cancellation etc. of
licence
17K Director may vary, suspend or cancel licence ............................... 16
17L Inquiry before exercise of power.................................................... 16
17M Result of inquiry ............................................................................. 17
17P Disqualification resulting from cancellation or suspension of
licence ........................................................................................... 18
Part 6 Trust accounts and prescribed records
23 Moneys held on trust ..................................................................... 18
24 Moneys not liable for attachment ................................................... 19
25 Prescribed records ........................................................................ 19
26 Inspection of prescribed records.................................................... 19
27 Restriction on disposition of moneys ............................................. 20
28 Investigation of trust accounts ....................................................... 20
28A Audit .............................................................................................. 21
29 Suspension of licences .................................................................. 22
Part 7 Employment, powers and duties of private
bailiffs
30 Employment of private bailiff.......................................................... 22
31 Nomination of private bailiff ........................................................... 23
32 Private bailiff to accept warrant...................................................... 23
33 Rights and powers of private bailiff ................................................ 23
33A Recovery of costs on execution of warrant .................................... 23
Part 7A Director
33B Director .......................................................................................... 24
33C Powers of entry.............................................................................. 24
33D Powers exercisable after entry ...................................................... 25
33E Warrants ........................................................................................ 25
33F Delegation ..................................................................................... 27
33G Approved forms ............................................................................. 27
Part 8 General
34 Director may waive or refund fee ................................................... 27
35 Review by NTCAT ......................................................................... 27
38 Multiple licences ............................................................................ 28
39 Employee to be licensed................................................................ 28
40 Fees for agents.............................................................................. 28
41 Rights not affected by licence ........................................................ 28
42 Offence to exceed power ............................................................... 29
43 Commercial agent to report on motor vehicles .............................. 29
Commercial and Private Agents Licensing Act 1979 iii
44 Offence to use harassing tactics.................................................... 29
45 Civil remedies not affected ............................................................ 29
46A Infringement notices ...................................................................... 29
46B Service of notice etc. on corporation ............................................. 30
47 Regulations.................................................................................... 31
Part 9 Transitional matters for Red Tape
Reduction (Miscellaneous Amendments)
Act 2016
48 Definitions ...................................................................................... 31
49 Term and renewal of existing licence ............................................ 31
50 Existing application ........................................................................ 31
Part 10 Transitional matters for Justice and
Licensing Legislation Further Amendment
Act 2022
51 Definitions ...................................................................................... 32
52 Delegation ..................................................................................... 32
53 Pending applications ..................................................................... 32
54 Pending appeals ............................................................................ 32
55 Appeals not yet commenced ......................................................... 33
56 Continuation of ongoing documents and actions ........................... 33
57 Offence provisions – before and after commencement ................. 34
Part 11 Transitional matters for Statute Law
Amendment (NTCAT Conferral of
Jurisdiction) Act 2023
58 Definitions ...................................................................................... 34
59 NTCAT review limited to decisions made after commencement.... 35
60 Appeals not instituted before commencement ............................... 35
61 Appeals not determined before commencement ........................... 35
Schedule Reviewable decisions
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 10 February 2026
COMMERCIAL AND PRIVATE AGENTS LICENSING ACT 1979
An Act to provide for the licensing of commercial and private agents
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Commercial and Private Agents
Licensing Act 1979.
2 Commencement
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
3 Interpretation
(1) In this Act:
affected person, see section 35(2).
agent means a commercial agent, inquiry agent, process server or
private bailiff licensed under this Act.
approved form means a form approved under section 33G.
commercial agent means a person who, for monetary or other
consideration, performs any of the following functions:
(a) ascertaining the whereabouts of, or repossessing any goods
or chattels that are the subject of a hire purchase agreement
or bill of sale;
(b) collecting, or requesting the payment of, debts;
(c) executing any legal process for the enforcement of any
judgment or order of a court;
(d) executing any distress for the recovery of rates, taxes or
moneys;
(e) obtaining evidence for the purpose of any legal proceedings;
Part 1 Preliminary matters
Commercial and Private Agents Licensing Act 1979 2
(f) searching for missing persons;
on behalf of any other person.
Director means the person holding or occupying the office of
Director mentioned in section 33B.
document includes book, record, register, account, paper and
card.
harassing tactics means any act or conduct that tends to
intimidate, embarrass, ridicule or shame any person, and without
limiting the generality of the foregoing, includes:
(a) any act or omission (including the positioning of a vehicle)
from which it might reasonably be inferred by a person visiting
or passing any premises that an occupant of the premises is
being visited, or is under surveillance by, an agent; and
(b) unduly frequent visiting of premises or communication with the
occupants of premises; and
(c) any suggestion made to, or intended to be communicated to, a
debtor that if the debtor fails to pay any debt action may be
taken that would embarrass or shame the debtor, or prejudice
the debtor in his or her employment.
inquiry agent means a person who, for monetary or other
consideration, performs any of the following functions:
(a) obtaining or providing information as to the personal character
or actions of any person, or as to the business or occupation
of any person;
(b) obtaining evidence for the purpose of any legal proceedings;
(c) searching for missing persons;
on behalf of any other person.
licence means a licence granted under Part 2, Division 2 to carry
on business as one of the following kinds of agent:
(a) a commercial agent;
(b) inquiry agent;
(c) process server;
(d) private bailiff.
Part 1 Preliminary matters
Commercial and Private Agents Licensing Act 1979 3
officer in relation to a corporation, means any director, manager or
secretary of the corporation.
order includes decision, direction or declaration.
prescribed means prescribed by regulation.
private bailiff means a person who holds a licence as a private
bailiff under this Act.
process server means a person who, for monetary or other
consideration, performs the function of serving any writ, summons
or other legal process on behalf of any other person.
registrar, see section 3 of the Local Court Act 2015.
reviewable decision, see section 35(1).
Note for section 3(1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
(2) A reference in this Act to a category of licence is a reference to:
(a) a licence by the kind of agent that the licence authorises to
carry on business; or
(b) all licences authorising the same kind of agents to carry on
business.
4 Application
(1) This Act does not apply to:
(a) a police officer or member of the Australian Federal Police
acting in accordance with the police officer or member's
duties; or
(b) a Chief Executive Officer or public sector employee while
acting in the performance of the Chief Executive Officer or
employee's functions under the Public Sector Employment
and Management Act 1993; or
(c) an employee of the Crown or any instrumentality of the Crown
while acting in the performance of the employee's functions as
such an employee; or
(ca) an employee of the Power Retail Corporation established
under the Power Retail Corporation Act 2014 while acting in
the performance of the employee's functions as such an
employee; or
Part 2 Licensing of agents
Division 1 Offences
Commercial and Private Agents Licensing Act 1979 4
(d) a legal practitioner acting in the ordinary course of the
practitioner's profession; or
(e) a clerk of a legal practitioner while acting in the ordinary
course of the clerk's employment as a clerk of the practitioner;
or
(f) an accountant while acting in the ordinary course of the
accountant's profession; or
(g) an officer of any court while acting in the performance of the
officer's functions as an officer of that court; or
(h) a trustee company, an ADI or a person carrying on the
business of insurance, insurance broking, insurance
adjustment or deposit-taking, while acting in the ordinary
course of business as such or an employee of any such body
or person while acting in the ordinary course of the
employee's employment; or
(i) a person employed under a contract of service by a person
who is not an agent while acting in the ordinary course of that
employment; or
(j) a person authorised by the Power and Water Corporation,
established by the Power and Water Corporation Act 1987, to
request and receive payment of money due and owing to it by
members of an Aboriginal community or group while acting in
the ordinary course of requesting and receiving those
payments.
(2) The Regulations under this Act may exempt to the extent
prescribed any class of persons from the operation of this Act.
Part 2 Licensing of agents
Division 1 Offences
5 No activities as agent unless licensed
Subject to this Act, a person must not carry on business as a
commercial agent, an inquiry agent, a process server or a private
bailiff unless he or she has been issued a licence of the appropriate
category.
Maximum penalty: 500 penalty units.
Part 2 Licensing of agents
Division 2 Grant of licence
Commercial and Private Agents Licensing Act 1979 5
6 Breach of terms or conditions of licence
An agent must not contravene a term or condition of his or her
licence.
Maximum penalty: 500 penalty units.
Division 2 Grant of licence
7 Application for licence
(1) A person may apply to the Director for a licence to carry on
business as a commercial agent, inquiry agent, private bailiff or
process server.
(2) An applicant may be:
(a) an agent applying for a category of licence other than the
category the agent holds; or
(b) a person who is employed by an agent; or
(c) any other person.
(3) An applicant may apply for one licence or a number of licences of
different categories.
(4) An application is to:
(a) be in an approved form; and
(ab) specify a licence period of 3 or 5 years; and
(b) contain the information that is indicated by the form or
otherwise prescribed; and
(c) be accompanied by the prescribed processing fee.
8 Director may require additional information
(1) The Director may request an applicant for a licence to provide any
one or more of the following in support of the application:
(a) information additional to that contained in his or her
application;
(b) a document relating to the information contained in the
application or the additional information.
Part 2 Licensing of agents
Division 2 Grant of licence
Commercial and Private Agents Licensing Act 1979 6
(2) The Director may request the applicant or, if the applicant is a
corporation, an officer of the applicant to:
(a) appear personally before the Director; and
(b) provide further information in connection with the application.
(3) The applicant must comply with a request of the Director made
under this section.
9 Objections to application
(1) On receiving an application for a licence, the Director must give to
the Commissioner of Police a copy of it and any accompanying
documents other than statements relating to the material and
financial resources of the applicant.
(4) The Commissioner of Police must, within 28 days of receiving the
copy of the application and any accompanying documents, give to
the Director a notice in writing that either supports the application or
objects to the grant of a licence to the applicant on the grounds that
the applicant or, if the applicant is a corporation, an officer of the
applicant may not be a fit and proper person.
(5) An objection to the grant of a licence is to state the reasons for the
objection.
10 Inquiry by Director
If:
(a) an objection is made under section 9 to the grant of a licence;
or
(b) the Director considers that there may be grounds for refusing
to grant the licence;
the Director must hold an inquiry as to whether to grant the
application.
11 Grounds for refusing to grant licence to individual
(1) The Director must refuse to grant a licence on an application made
by an individual if:
(a) the applicant is less than 18 years of age; or
(b) the applicant is disqualified under section 17P from holding a
licence; or
Part 2 Licensing of agents
Division 2 Grant of licence
Commercial and Private Agents Licensing Act 1979 7
(c) the applicant is taking the benefit of a law for the relief of
bankrupt or insolvent debtors or is a person whose
remuneration is being assigned for the benefit of creditors; or
(d) the applicant fails to comply with a request of the Director
under section 8; or
(e) the applicant does not comply with the prescribed
qualifications or other prescribed requirements; or
(f) in the opinion of the Director, the applicant is not likely to carry
on the business as agent the subject of the application
honestly and fairly; or
(g) in the opinion of the Director, the applicant is in any other way
not a fit and proper person to hold a licence; or
(h) in the opinion of the Director, a person with whom it appears
the applicant would, if granted the licence, carry on the
business as an agent in partnership is a person to whom the
Director would, if that person were the applicant, refuse to
grant the licence.
(2) Without limiting subsection (1)(f) and (g), in determining whether an
applicant is a fit and proper person to hold a licence, the Director
must have regard to whether the applicant:
(a) has, during the period of 10 years immediately before the date
the applicant made his or her application, been found guilty of
or served a part of a term of imprisonment for an offence
(wherever committed) involving fraud, dishonesty or physical
violence; or
(b) was, at the time the application was made, the subject of a
charge in relation to such an offence or bound in relation to
such an offence by a recognisance; or
(c) has at any time been found guilty of an offence against this
Act, the Regulations or any other enactment administered by
the Minister.
12 Grounds for refusing to grant licence to corporation
(1) The Director must refuse to grant a licence on an application made
by a corporation if:
(a) a person concerned in the management of the corporation is
less than 18 years of age; or
Part 2 Licensing of agents
Division 2 Grant of licence
Commercial and Private Agents Licensing Act 1979 8
(b) the applicant is disqualified under section 17P from holding a
licence; or
(c) the applicant fails to comply with a request of the Director
under section 8; or
(d) the applicant does not comply with the prescribed
qualifications or other prescribed requirements; or
(e) in the opinion of the Director, the applicant is not likely to carry
on the business as agent the subject of the application
honestly and fairly; or
(f) in the opinion of the Director, the reputation of the applicant is
such that the applicant is not a fit and proper person to hold a
licence; or
(g) in the opinion of the Director, an officer of the applicant is not
of good reputation or character and, if he or she were the
applicant, would not be a fit and proper person to hold a
licence; or
(h) in the opinion of the Director, any person (other than an officer
of the corporation) who appears to have control or substantial
control of the applicant is not of good reputation or character
or is not likely to exercise that control honestly and fairly; or
(j) in the opinion of the Director, a person with whom it appears
the applicant would, if granted the licence, carry on business
as an agent in partnership is a person to whom the Director
would, if that person were the applicant, refuse to grant the
licence.
(2) Without limiting subsection (1)(e), (f), (g) or (h), in determining any
matter mentioned in those paragraphs, the Director must have
regard to whether the applicant, any other person mentioned in
those paragraphs or a person who is an associate of the applicant:
(a) has, during the period of 10 years immediately preceding the
date the applicant made the application, been found guilty of
or served a part of a term of imprisonment for an offence
(wherever committed) involving fraud, dishonesty or physical
violence; or
(b) was, at the time the application was made, either the subject
of a charge in relation to such an offence ; or
(c) has at any time been found guilty of an offence against this
Act, the Regulations or any other enactment administered by
the Minister.
Part 2 Licensing of agents
Division 2 Grant of licence
Commercial and Private Agents Licensing Act 1979 9
(3) In this section:
associate, see Part 1.2, Division 2 of the Corporations Act 2001.
13 Grant of licence
(1) Unless the Director is required to refuse to grant a licence under
section 11 or 12, the Director must grant a licence to an applicant.
(2) The Director must not grant a licence to an applicant unless it is of
the same category as applied for by the applicant.
(3) The Director may not grant a licence that authorises the carrying on
of the business of more than one kind of agent.
14 Term and renewal of licence
(1) A licence granted by the Director, if issued under section 17A, has
effect for the licence period specified in the application for the grant
of the licence.
(2) A licence issued under section 17A may be renewed in accordance
with section 17D.
15 Other terms and conditions of licence
(1) The Director may, subject to this Act, grant a licence subject to the
other terms and conditions, including conditions relating to the
conduct of audits of an agent's business, as he or she considers
appropriate.
(2) It is a term of a licence that the agent's business authorised by the
licence is to be carried on at a place specified in the licence.
(3) If more than one place of business is specified in a licence, the
licence must specify which is the agent's principal place of
business.
(4) The terms and conditions imposed on a licence by or under this
section are to be specified on the licence.
16 Notification of Director's decision, appeal etc.
(1) The Director must, within 45 days after receiving an application for
a licence, notify the applicant in writing that:
(a) the Director has granted the licence to the applicant and that
the applicant will be issued the licence on paying the
prescribed licence fee; or
(b) the Director has refused to grant the licence.
Part 2 Licensing of agents
Division 2 Grant of licence
Commercial and Private Agents Licensing Act 1979 10
(2) A notice under subsection (1)(a) is to:
(a) specify the terms and conditions that the Director proposes to
impose on the licence; and
(b) invite the applicant to make to the Director, within the period of
not more than 14 days specified in the notice, oral or written
submissions regarding the proposed terms and conditions of
the licence.
(3) After considering the applicant's submissions, the Director may
impose the terms and conditions the Director considers appropriate
on the licence, whether or not as proposed in the notice under
subsection (2)(a).
(4) A notice under subsection (1)(b) must:
(a) set out the Director's reasons for the decision; and
(b) state that the applicant may make an application to NTCAT for
review of the decision under section 35.
17A Issue of licence and payment of licence fee
(1) If a person who receives a notice under section 16(1)(a) pays the
prescribed licence fee, the Director must issue the licence to the
person.
(2) The Director must not issue the licence before the person pays the
prescribed licence fee.
(3) The licence issued to the person must state the licence period for
which it has effect.
(4) For subsection (3), the licence period:
(a) is the licence period specified in the application for the grant of
the licence; and
(b) starts on the day on which the licence is issued.
17B Duration of licence
A licence has effect:
(a) until the end of the licence period specified in the licence; or
(b) until it is cancelled; or
(c) until it is surrendered; or
Part 2 Licensing of agents
Division 3 Miscellaneous matters
Commercial and Private Agents Licensing Act 1979 11
(d) unless it is suspended; or
(e) if it is granted to an individual (but subject to section 17F) –
unless the agent dies; or
(f) if it is granted to a corporation – unless the agent is dissolved;
as the case may require.
Division 3 Miscellaneous matters
17C Variation of licence
(1) Subject to this section, the Director may:
(a) on his or her own motion; or
(b) on the application of an agent;
by notice in writing given to the agent, vary a term or condition of
the agent's licence.
(2) Before varying a licence under subsection (1)(a) the Director must
give the agent written notice:
(a) specifying the proposed variation; and
(b) specifying the reasons for the variation; and
(c) inviting the agent to, within the period of not less than 28 days
specified in the notice, submit reasons why the variation
should not be made.
(3) If, after considering the agent's submissions, the Director continues
to consider that the variation is appropriate, the Director may vary
the licence, whether or not as proposed in the notice under
subsection (2).
(4) An agent's application for variation of the agent's licence under
subsection (1)(b) is to be in an approved form and accompanied by
the prescribed fee.
(5) A licence may be varied by the addition of a new term or condition
or the substitution or deletion of any of its existing terms and
conditions.
(6) If an agent applies under subsection (1)(b) to vary the licence by
deleting, adding or substituting a place at which the agent is
authorised to carry on business under the licence or the place
which is the agent's principal place of business, the Director must
Part 2 Licensing of agents
Division 3 Miscellaneous matters
Commercial and Private Agents Licensing Act 1979 12
vary the licence accordingly on being satisfied that to do so would
not result in the agent contravening a law in force in the Territory.
(7) A variation of a licence takes effect on:
(a) the date notice of the variation is given to the licensee; or
(b) the date specified for that purpose in the notice;
whichever last occurs.
(8) On receiving the notice of the variation, the agent must produce the
licence to the Director for endorsement of the variation on the
licence.
(9) Subsections (2), (3), (4), (5), (6) and (7) do not apply if the variation
is for a formal or clerical reason that does not alter the effect of the
licence.
17D Renewal of licence
(1) An agent may, within 3 months before the expiry date of the agent's
licence, apply to the Director to renew the agent's licence.
(2) If an application for renewal is made while the licence is still in
force, the agent's licence continues to remain in force until the
application for renewal is determined.
(2A) If the application for renewal is granted, the renewed licence is
taken to have commenced on the date following the expiry date of
the licence it renews.
(3) This Part applies, to the extent necessary, to and in relation to the
renewal of a licence as if references in this Part to an application for
a licence, the grant of a licence or a licence include references to
an application to renew a licence, the renewal of a licence or a
renewed licence.
17E Agent's manager to be approved by Director
(1) An agent must not carry on business at a place unless there is
present and in charge of the operations of the business at the
place:
(a) if the agent is a corporation – an individual approved by the
Director to be the manager of the place; or
Part 2 Licensing of agents
Division 3 Miscellaneous matters
Commercial and Private Agents Licensing Act 1979 13
(b) if the agent is an individual – either the agent or another
individual approved by the Director to be the manager of the
place.
Maximum penalty: 500 penalty units.
(2) The Regulations may:
(a) make provision with respect to applications to the Director for
approvals for this section; or
(b) specify the period within which the Director must approve or
refuse to approve a person as manager; or
(c) specify the manner in which approval or refusal to approve a
person as manager is to be made and notice of the approval
or refusal is to be given and require the Director to specify
reasons if he or she refuses to approve a person as manager;
or
(d) specify the grounds on which the Director must refuse to
approve a person as a manager; or
(e) enable the Director to make enquiries and seek advice
concerning the suitability of an individual to be a manager and
prescribe information that the Director may consider in
determining the person's suitability; or
(f) prescribe conditions that the Director may impose on
approvals and enable the Director to impose the prescribed
conditions that he or she considers appropriate for each
approval; or
(g) specify the period for which an approval has effect; or
(h) empower the Director to revoke an approval and prescribe the
grounds on which an approval may be revoked; or
(k) prescribe the fees payable when applying for the approval of a
person as manager and when the approval is granted and the
time for and manner of the payment of the fees.
17F Death of agent
(1) If an agent dies, a person who is or who is named as or who
intends to apply to be a legal personal representative of the
deceased agent may, within 28 days after the death or any longer
period that the Director agrees to, apply to the Director to carry on
the deceased agent's business as an agent for the period ending:
Part 2 Licensing of agents
Division 3 Miscellaneous matters
Commercial and Private Agents Licensing Act 1979 14
(a) 6 months after the date of the agent's death; or
(b) immediately before the next succeeding anniversary of the
date of the grant of the licence;
whichever last occurs.
(2) The Director may authorise or refuse to authorise the person to
carry on the deceased agent's business as an agent.
(3) If the Director authorises the person to carry on the deceased
agent's business, he or she may impose the conditions relating to
the conduct of the business that he or she considers appropriate.
(4) On a person being authorised to carry on the business of a
deceased agent, the person:
(a) has all the rights, authorities, powers, functions and
obligations of the deceased agent; and
(b) is to be taken to be the holder of the deceased agent's
licence.
(5) If the Director imposes conditions on the conduct of the business of
a deceased agent by the person authorised to carry on the
business under this section, the person must as, soon as
reasonably possible after being authorised to carry on the business,
produce the licence to the Director to endorse the conditions on the
licence.
Maximum penalty: 50 penalty units.
17G Changes in officers of corporation
(1) If, for an agent that is a corporation, a person becomes an officer of
the agent in addition to or in place of an existing officer, the agent
must give notice of that fact to the Director within 28 days of the
date the person became an officer of the agent.
(2) Notice under subsection (1) is to:
(a) state the full name, date of birth and present residential
address of the person; and
(b) give the date on which the person became an officer of the
agent; and
(c) state any other addresses where the person resided during
the 3 year period immediately before the date of the notice;
and
Part 2 Licensing of agents
Division 3 Miscellaneous matters
Commercial and Private Agents Licensing Act 1979 15
(d) state whether the person has (whether in the Territory or
elsewhere) previously carried on business as an agent or
been employed by an agent and, if so, give particulars of that
business or employment; and
(e) be accompanied by a certificate signed by 2 other persons to
the effect that the person would, if that person were an
applicant for a licence, be a fit and proper person to hold a
licence.
(3) On receiving a notice under subsection (1), the Director must give a
copy of the notice to the Commissioner of Police.
(4) The Commissioner of Police must, within 14 days of receiving the
notice, give to the Director a notice in writing that does one of the
following:
(a) objects to the agent continuing to hold a licence on the ground
that the person who became the officer of the agent would, if
that person were an applicant for a licence, not be a fit and
proper person to hold a licence;
(b) states that nothing is known about the person that is a ground
for objecting to the agent continuing to hold a licence.
17H Licence not transferable
A licence is not transferable.
17J Surrender of licence
(1) An agent may surrender his or her licence by notice in writing to the
Director.
(2) On the surrender of a licence, the licence ceases to have effect but
the person who surrendered the licence remains liable for:
(a) paying all outstanding debts and any other liability incurred by
or obligation imposed before the surrender on the person as
agent; and
(b) an act or omission done, caused, permitted or made by the
person as agent before the surrender.
Part 3 Suspension and cancellation etc. of licence
Commercial and Private Agents Licensing Act 1979 16
Part 3 Suspension and cancellation etc. of licence
17K Director may vary, suspend or cancel licence
(1) If the Director considers that:
(a) a licence is obtained by misrepresentation; or
(ab) an agent has used harassing tactics when performing a
function as an agent; or
(b) an agent is a person who would, if the agent were an applicant
for a licence, be refused a licence under section 11 or 12; or
(c) an agent that is a corporation has failed to give notice under
section 17G(1) of a change in the officers of the agent;
the Director may, subject to this Part:
(d) vary a term or condition of the licence or impose a new term or
condition; or
(e) suspend the licence for a specified period; or
(f) cancel the licence.
(2) The Director is not required to exercise a power conferred by
subsection (1) if he or she considers that, in the circumstances of a
particular case, it is not necessary in the public interest.
17L Inquiry before exercise of power
(1) The Director must not exercise a power conferred by section 17K(1)
unless he or she has held an inquiry under this section.
(2) If the Director considers that there may be grounds on which to
exercise a power under section 17K(1), the Director must give
written notice that he or she proposes to hold an inquiry to:
(a) the agent concerned; and
(b) if the Director considers that a person other than the agent
may be affected by the exercise of the power – to that other
person.
(3) The notice is to:
(a) state the ground or grounds that the Director considers may
authorise the exercise of the power; and
Part 3 Suspension and cancellation etc. of licence
Commercial and Private Agents Licensing Act 1979 17
(b) request the agent to make written and oral submissions to the
Director regarding the inquiry; and
(c) specify the date (which is not to be less than 7 clear days after
the date on which the notice is given to the agent) by which
the Director is to have received the agent's written
submissions; and
(d) specify a date after the date mentioned in paragraph (c) when
the Director will hear the agent's oral submissions.
(4) If the Director considers it necessary in the public interest, the
Director may, by the notice given under subsection (2), suspend the
agent's licence from the date on which that notice is given to the
agent until notice is given to the agent under section 17M.
17M Result of inquiry
(1) If, after holding an inquiry under section 17L, the Director decides to
take no further action in respect of the matter, the Director must
give written notice of the Director's decision to the agent.
(2) If, after holding the inquiry, the Director decides that there are
grounds for the exercise of a power under section 17K(1) and that
the Director will exercise the power, the Director must give notice in
writing of the Director's decision to the agent:
(a) stating the decision of the Director; and
(b) stating the ground or grounds for the exercise of the power;
and
(c) if the Director decides to vary a term or condition of or impose
a new condition on a licence – requiring the agent to produce
the licence to the Director for endorsement of its variation and
specifying the time within which the agent must produce the
licence to the Director; and
(d) if the Director decides to suspend the licence – stating the
period of suspension; and
(e) stating the agent may make an application to NTCAT for
review of the Director's decision under section 35.
Part 6 Trust accounts and prescribed records
Commercial and Private Agents Licensing Act 1979 18
17P Disqualification resulting from cancellation or suspension of
licence
(1) If the Director suspends a licence under this Part and, on review,
NTCAT confirmed the Director's decision, the agent under the
licence must not during the period of suspension:
(a) carry on business as an agent; or
(b) be employed or otherwise engaged in the business of another
agent.
Maximum penalty: 500 penalty units.
(2) If the Director cancels a licence under this Part and, on review,
NTCAT confirmed the Director's decision, the person who was the
agent under the licence is disqualified from holding a licence for a
period of 12 months from the date when the cancellation took
effect.
(3) A person who is disqualified from holding a licence under
subsection (2) must not during the period of disqualification be
employed or otherwise engaged in the business of an agent.
Maximum penalty: 500 penalty units.
(4) An agent must not employ or otherwise engage in the agent's
business an agent whose licence has been suspended or a former
agent whose licence has been cancelled during the period of
disqualification mentioned in subsection (1) or (2).
Maximum penalty: 500 penalty units.
Part 6 Trust accounts and prescribed records
23 Moneys held on trust
(1) Subject to this Act, all moneys received for or on behalf of a person
by an agent must be held by the agent exclusively for that person.
(2) All moneys received by an agent on behalf of any person must be
paid into and held in a trust account with an ADI in the Territory in
the name of the agent.
(3) An agent must pay into the agent's trust account any moneys
required to be paid into that trust account within 2 working days of
receipt of those moneys.
Part 6 Trust accounts and prescribed records
Commercial and Private Agents Licensing Act 1979 19
(4) If an agent receives money from a person upon whom he or she
has served a summons or against whom he or she has executed a
warrant, the agent must immediately notify the Director of the
receipt of that money.
(5) Money must not be paid out of an agent's trust account otherwise
than to or as directed by the person on whose behalf the agent
holds the money.
Maximum penalty: 20 penalty units or imprisonment for
12 months.
24 Moneys not liable for attachment
(1) Moneys held in an agent's trust account are not liable to be
attached or taken in execution under an order or process of any
court at the instance of any creditor other than a creditor of the
person on whose behalf the moneys were received by the agent.
(2) This section does not prevent the removal of moneys from the trust
account to satisfy a lawful claim or lien that the agent has upon
those moneys.
25 Prescribed records
(1) An agent must keep or cause to be kept fully and correctly
prescribed records and other prescribed documents in relation to
the functions performed by the agent in his or her capacity as an
agent.
Maximum penalty: 50 penalty units.
(1A) An offence against subsection (1) is a regulatory offence.
(2) An agent must not destroy, falsify or mutilate any record or other
document kept for subsection (1) or cause or permit any such
record or other document to be destroyed, falsified or mutilated
within the period of 5 years after it was made or to be removed from
the agent's possession during that period.
Maximum penalty: 100 penalty units or imprisonment for
6 months.
26 Inspection of prescribed records
(1) All prescribed records and other prescribed documents of an agent
or a person who has ceased to be an agent must at all reasonable
times be open to inspection by the Director or a police officer or by
a person authorised in writing by the Director to inspect those
records or those other documents.
Part 6 Trust accounts and prescribed records
Commercial and Private Agents Licensing Act 1979 20
(2) The Director, a police officer or a person authorised by the Director
may require an agent or, if the agent is a corporation, the person
who manages the business of the corporation conducted under the
licence, or in the absence of that person, any person having
apparent control of the business:
(a) to produce for inspection all or any prescribed records and
other prescribed documents; and
(b) to provide such other documents in his or her custody or
control as may be reasonably required for the purpose of
ascertaining whether there has been any contravention of this
Act or any other Act or law in connection with trust moneys.
(3) The Director, a police officer, or a person authorised to do so may
take any copies or extracts from or make any notes concerning any
records or other documents subject to inspection.
(4) A person must not:
(a) wilfully delay or obstruct any inspection under this section; or
(b) wilfully mutilate or destroy, or in any way alter any record or
other document to delay or obstruct any inspection under this
section; or
(c) on demand refuse or fail to comply with a requirement duly
made of him or her under this section.
Maximum penalty: 100 penalty or imprisonment for 6 months.
27 Restriction on disposition of moneys
(1) The Director may by written notice served upon an ADI or other
person having the custody or control of trust moneys affected by
the provisions of this Part, restrict or prohibit any dealing in or
disposition of those moneys.
(2) A person who acts in contravention of an order under
subsection (1) is guilty of an offence and liable to a penalty on
being found guilty not exceeding 100 penalty units or imprisonment
for 6 months.
28 Investigation of trust accounts
(1) If the Director:
(a) has considered a report of an investigation into the trust
account of an agent; and
Part 6 Trust accounts and prescribed records
Commercial and Private Agents Licensing Act 1979 21
(b) is satisfied that the agent has received moneys for or on
behalf of a person and has not properly accounted for those
moneys in the agent's trust account;
the Director may, by written notice to the manager or other principal
officer of an ADI, being the body with which the agent has
deposited any money in a trust account in the agent's capacity as
agent, direct that, until the Director revokes the notice, no moneys
are to be drawn from the trust account without the Director's
consent.
(2) The manager or other principal officer of an ADI that receives a
notice mentioned in subsection (1) must give effect to the direction
of the Director.
28A Audit
(1) The Director may appoint a person to carry out an audit of the
books, accounts, records and other documents of an agent that
relate to the conduct of the agent's business.
(2) The Director must not appoint a person under subsection (1) unless
he or she is satisfied that the person is suitably qualified or has
suitable experience to enable him or her to conduct the audit.
(3) In conducting an audit, the person:
(a) is entitled at all reasonable times to full and free access to a
licensee's books, accounts and records as necessary to
complete the audit; and
(b) may request the agent or the manager of a place where the
agent is carrying on business to answer a question or to
produce any document relating to the agent's records that is
under his or her custody or control; and
(c) may make copies of or take extracts from a book, account or
record or other document to which the auditor has access or
that is produced for the auditor.
(4) The costs and expenses of the person carrying out the audit are
payable by and recoverable from the agent.
(5) A person must not hinder, obstruct or interfere with a person
appointed under subsection (1) who is carrying out an audit in the
proper manner.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
Part 7 Employment, powers and duties of private bailiffs
Commercial and Private Agents Licensing Act 1979 22
29 Suspension of licences
(2) If a licence is suspended under this Act, the Director must cause a
notice to be published in a newspaper circulating in the area where
the agent carried on business in the Northern Territory fixing a date
by which time any person having a claim against the trust account
of the agent whose licence has been suspended must lodge a claim
form with the Director.
(3) Any person who fails to claim within the time specified in the
advertisement published under subsection (2) is not entitled to
share in the distribution of moneys payable from the trust account
unless the Director otherwise directs.
(4) The Director or some other person appointed by the Minister must
admit or reject proof of claims made against moneys in the trust
account and no action lies against the Director or a person so
appointed for any decision made in good faith in relation to such
claims.
(5) If the moneys standing to the credit of the trust account are
insufficient to satisfy the amount of all admitted claims the Director
must make pro rata payments to the claimants and must by notice
in writing demand from the agent payment of the balance required
to meet admitted claims.
(7) The cost of administering the trust account in accordance with this
section is a debt due by the agent and is recoverable in a court of
competent jurisdiction.
Part 7 Employment, powers and duties of private
bailiffs
30 Employment of private bailiff
(1) A private bailiff may be employed by a person or a legal practitioner
acting for a person who is entitled to the issue of a warrant under
the Local Court (Civil Procedure) Act 1989 to execute that warrant.
(2) If a private bailiff is employed under subsection (1) the person
employing the bailiff must inform a registrar.
(3) The registrar (2) must issue the warrant to the private bailiff so
nominated.
Part 7 Employment, powers and duties of private bailiffs
Commercial and Private Agents Licensing Act 1979 23
31 Nomination of private bailiff
(1) If a person is entitled to the issue of a warrant of execution or arrest
under the Local Court (Civil Procedure) Act 1989 and has not
nominated a private bailiff, a registrar may require the person to
nominate a private bailiff to execute that warrant.
(2) If a registrar requires a person to nominate a private bailiff under
subsection (1), the registrar must issue the warrant to the private
bailiff.
(3) If a person fails to nominate a private bailiff after the registrar has
required the person to do so, the registrar may appoint a private
bailiff to execute the warrant.
32 Private bailiff to accept warrant
A private bailiff must not without reasonable excuse refuse to
accept a warrant of execution or arrest issued by a registrar to him
or her.
Maximum penalty: 10 penalty units.
33 Rights and powers of private bailiff
(1) If a private bailiff is employed under section 30, the fees for service
or execution payable under the Local Court Act 2015 are not
payable to a Registrar by the person entitled to the issue of the
warrant, and the private bailiff is entitled only to such amount as is
agreed between the private bailiff and the person employing him or
her.
(1A) If a private bailiff is employed under section 31, the fees payable
under the Local Court Act 2015 must be paid to the Local Court by
the person entitled to the issue of the warrant, and the private
bailiff, subject to the approval of a registrar, is entitled to those fees.
(4) A private bailiff is not an employee of the Northern Territory.
(5) A private bailiff is, in the execution of a warrant issued to him or her
under this Act and in respect of any money recovered under such a
warrant, subject to the direction of a registrar.
33A Recovery of costs on execution of warrant
(1) Subject to subsection (2) but despite section 33(1), a person
employing a private bailiff may recover the fees for service or
execution payable under the Local Court Act 2015 from the person
against whom a warrant is executed.
Part 7A Director
Commercial and Private Agents Licensing Act 1979 24
(2) When a person employing a private bailiff pays the private bailiff an
amount exceeding the fees for service or execution payable under
the Local Court Act 2015, the person against whom a warrant is
executed is not liable for the excess so paid.
Part 7A Director
33B Director
(1) The Minister must, in writing, appoint a public sector employee to
be the Director.
(2) The Minister may, in writing, determine that the Director be known
by another name.
(3) If the Minister determines under subsection (2) that the Director be
known by another name, a reference in this Act to the Director is
taken to be a reference to that name.
(4) For subsection (1), the Minister may appoint:
(a) a public sector employee by name; or
(b) a public sector employee by reference to the office, position or
designation held or occupied by the employee; or
(c) a public sector employee from time to time holding, acting in
or performing the duties of a named office, position or
designation.
33C Powers of entry
(1) Subject to subsection (2), the Director may, at any reasonable time
for the purposes of ascertaining whether a provision of this Act or of
the Regulations is being or has been complied with, enter any place
which the Director knows or believes on reasonable grounds to be
a place where:
(a) a person carries on a business as an agent; or
(b) a document or thing relating to any such business is kept.
(2) The Director is not entitled to enter any place used for residential
purposes except:
(a) with the consent of the occupier; or
(b) under the authority of a search warrant.
Part 7A Director
Commercial and Private Agents Licensing Act 1979 25
(3) The Director may exercise the powers conferred by section 33E in
relation to a place entered under subsection (1).
33D Powers exercisable after entry
(1) If the Director enters a place under section 33C, the Director may,
as far as is applicable to that place, do any of the following:
(a) seize without payment, and detain, any goods which the
Director believes on reasonable grounds to be in the
possession of the agent as part of a business carried out
under this Act;
(b) ask questions of any person found at the place;
(c) require the production of documents;
(d) require the production of passwords for the purposes of
gaining access to computers or other electronic devices or
documents;
(e) inspect and require explanations of any document;
(f) take copies of or extracts from any document or, if in the
Director's opinion it is not appropriate for copies or extracts to
be taken at the place, remove a document for a reasonable
time to enable copies or extracts to be taken.
(2) If the Director seizes goods under subsection (1)(a), the person
from whom the goods were seized is, on application to the Director,
entitled to their return, if:
(a) the period during which prosecutions for an offence under this
Act may be commenced has expired and no prosecutions
have been commenced; or
(b) proceedings for an offence under this Act have been
commenced and the defendant is not, on the determination of
those proceedings, found guilty of an offence.
33E Warrants
(1) The Director may apply to a justice of the peace for a warrant to
enter a place mentioned in section 33C(1).
(2) A justice of the peace who is satisfied that, for the purpose
specified in section 33C(1), there is reasonable cause to permit the
Director to enter the place with a view to exercising the powers
conferred by section 33D may issue a warrant directed to the
Director to enter the place specified in the warrant for the purpose
Part 7A Director
Commercial and Private Agents Licensing Act 1979 26
of exercising those powers.
(3) A warrant issued under subsection (2) is, for a period of 1 month
from its issue, sufficient authority:
(a) to the Director, and to all persons acting in aid of the Director,
to enter the place specified in the warrant; and
(b) to the Director, to exercise in respect of the place specified in
the warrant the powers conferred on the Director by
section 33D.
(4) If it is impracticable for the Director to apply in person for a warrant
under subsection (1), the Director may make the application by
telephone, and the justice of the peace may issue the warrant on
that application.
(5) If a justice of the peace issues a warrant under subsection (4):
(a) the justice of the peace must:
(i) complete and sign the warrant; and
(ii) inform the Director by telephone of its terms; and
(iii) record on the warrant the justice of the peace's reasons
for issuing it; and
(b) the Director must:
(i) complete in duplicate a form of warrant in the terms
issued by the justice of the peace; and
(ii) write on the form of warrant the name of the justice of
the peace and the date and time of its issue; and
(iii) forward a copy to the justice of the peace.
(6) On receiving the copy referred to in subsection (5)(b)(iii), the justice
of the peace must:
(a) compare it with the warrant signed by the justice of the peace;
and
(b) if satisfied that they are in substance identical – note this fact
on the warrant; and
(c) forward both the warrant and the copy to the Director.
Part 8 General
Commercial and Private Agents Licensing Act 1979 27
(7) A form of warrant prepared by the Director under subsection (5)(b)
has, if it is in accordance with the terms of the warrant signed by
the justice of the peace, the same authority as a warrant issued by
a justice of the peace under subsection (2).
(8) If an application has been made to a justice of the peace under
subsection (4) and the application has been refused, subject to
subsection (9) the Director must not make a further application to
any justice of the peace under subsection (4) in respect of that
matter.
(9) If an application under subsection (4) has been made to a justice of
the peace and the application has been refused, a further
application may be made to a justice of the peace if the Director
satisfies the justice of the peace that the Director has, since the
time of the original application, received further information or
evidence which is material to an application under subsection (4).
33F Delegation
The Director may, in writing, delegate any of the Director's powers
and functions under this Act:
(a) to another public sector employee; or
(b) with the consent of the Minister, to any other person.
33G Approved forms
The Director may approve forms for this Act.
Part 8 General
34 Director may waive or refund fee
(1) The Director may, in a particular case, waive the whole or part of a
fee payable under this Act.
(2) The Director may, in a particular case, refund the whole or a part of
a fee that accompanies an application made under this Act.
35 Review by NTCAT
(1) A reviewable decision is:
(a) a decision of the Director specified in the Schedule; or
(b) a decision made under the Regulations that is prescribed by
regulation to be a reviewable decision for this section.
Part 8 General
Commercial and Private Agents Licensing Act 1979 28
(2) An affected person is:
(a) for a reviewable decision referred to in subsection (1)(a) – a
person specified in the Schedule for the decision; or
(b) for a reviewable decision referred to in subsection (1)(b) – a
person prescribed by regulation to be an affected person for
the decision.
(3) NTCAT has jurisdiction to review a reviewable decision.
(4) An affected person for a reviewable decision may apply to NTCAT
for review of the decision.
Note for section 35
The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the
procedure for applying to NTCAT for review and other relevant matters in relation
to reviews.
38 Multiple licences
A person may hold a number of licences of different categories
simultaneously.
39 Employee to be licensed
(1) An agent must not employ a person to act as a commercial agent,
an inquiry agent, a process server or a private bailiff unless the
person so employed holds a licence of the category which applies
to the work for which the person is employed.
Maximum penalty: 5 penalty units.
(2) An offence against subsection (1) is a regulatory offence.
40 Fees for agents
A person is not entitled to sue for, recover or retain any
commission, fee, gain or reward for any service performed by the
person as an agent unless at the time of performing that service the
person was a holder of a licence of the category under which the
person performed the service.
41 Rights not affected by licence
A licence does not confer upon any person any power or authority
to act in contravention of, or in disregard of any law or rights or
privileges guaranteed or arising under or protected by any law.
Part 8 General
Commercial and Private Agents Licensing Act 1979 29
42 Offence to exceed power
An agent must not:
(a) suggest or imply that because of his or her licence the agent
may exercise any power or authority which in fact the agent
could not exercise if this Act had not been passed; or
(b) use or attempt to use his or her licence to exercise any power
or authority which the agent could not exercise if this Act had
not been passed.
Maximum penalty: 500 penalty units.
43 Commercial agent to report on motor vehicles
A commercial agent who takes possession of a motor vehicle that is
subject to a hire purchase agreement, chattel mortgage or bill of
sale:
(a) must as soon as practicable after taking possession of the
motor vehicle inform a police officer on duty at the Police
Station nearest to the place where the commercial agent took
possession of the vehicle; and
(b) within 24 hours after taking possession of the motor vehicle,
deliver or send by post to the officer in charge of the Police
Station nearest to the commercial agent's registered address,
written particulars in duplicate of the motor vehicle including
particulars of the registered number of the motor vehicle.
Maximum penalty: 20 penalty units.
44 Offence to use harassing tactics
An agent must not use harassing tactics when performing a
function as an agent.
Maximum penalty: 500 penalty units.
45 Civil remedies not affected
Nothing in this Act affects any civil remedy that a person may have
against an agent in respect of any matter.
46A Infringement notices
(1) The Director or a person authorised by the Director may serve on a
person who has allegedly committed a prescribed offence against
this Act a notice providing for the payment to the Director of a
Part 8 General
Commercial and Private Agents Licensing Act 1979 30
prescribed amount instead of the penalty that may otherwise be
imposed on being found guilty of committing the offence.
(2) The notice served under subsection (1) is to:
(a) specify the name and, if not the same, business name, the
address and, for an individual, the date of birth of the person
who allegedly committed the offence; and
(b) describe the offence and specify the provision of this Act that
the person has allegedly contravened; and
(c) specify the date or approximate date when or period during
which and the place where the offence was committed; and
(d) specify the amount payable to the Director; and
(e) specify the period after the date of the service of the notice
within which the person must pay the amount to the Director,
and the place where the payment should be made, to avoid
prosecution in respect of the offence; and
(f) state that:
(i) in order to avoid prosecution in respect of the alleged
commission of the offence the person may pay the
amount specified in the notice to the Director; and
(ii) the payment of the amount is instead of the penalty by
which the offence is otherwise punishable; and
(iii) on payment of the amount the person will not be liable
for a penalty or costs for the offence; and
(iv) if the person wishes to be dealt with by a court in relation
to the offence, he or she should not pay the amount to
the Director; and
(g) describe the procedures that apply if the person does not pay
the amount to the Director or wishes to be dealt with by a
court.
46B Service of notice etc. on corporation
If, under this Act, a summons, notice, order or other document is
required to be served on or delivered to a corporation, the
summons, notice, order or document may be served on or delivered
to the nominee appointed under section 10(1).
Part 9 Transitional matters for Red Tape Reduction (Miscellaneous Amendments)
Act 2016
Commercial and Private Agents Licensing Act 1979 31
47 Regulations
The Administrator may make regulations under this Act.
Part 9 Transitional matters for Red Tape Reduction
(Miscellaneous Amendments) Act 2016
48 Definitions
In this Part:
amending provision means Part 2, Division 3 of the Red Tape
Reduction (Miscellaneous Amendments) Act 2016.
commencement means the commencement of the amending
provision.
existing application means an application for the grant or renewal
of a licence that, immediately before the commencement, had not
been decided.
existing licence means a licence in force immediately before the
commencement.
49 Term and renewal of existing licence
(1) The term of an existing licence is the term that has effect in
accordance with section 14 of this Act, as in force immediately
before the commencement.
(2) However, an agent may apply for the renewal of the agent's existing
licence for a term of 3 or 5 years in accordance with section 17D as
in force after the commencement as if the existing licence had been
issued after the commencement.
50 Existing application
(1) If the Commissioner decides to grant or renew a licence the subject
of an existing application, this Act, as in force immediately before
the commencement, continues to apply in relation to the grant,
renewal and issue of the licence as if the amending provision had
not commenced.
(2) The prescribed fee payable by the applicant before the licence is
issued is the fee that would have been payable under section 16 if
the amending provision had not commenced.
Part 10 Transitional matters for Justice and Licensing Legislation Further Amendment
Act 2022
Commercial and Private Agents Licensing Act 1979 32
(3) An agent to whom a licence the subject of an existing application is
issued may apply for the renewal of the licence, for a term of 3 or
5 years, in accordance with section 17D as in force after the
commencement.
Part 10 Transitional matters for Justice and Licensing
Legislation Further Amendment Act 2022
51 Definitions
amending Act means Part 3, Division 2 of the Justice and
Licensing Legislation Further Amendment Act 2022.
commencement means the commencement of the amending Act.
Commissioner means the Commissioner as defined in section 3(1)
as in force immediately before the commencement.
52 Delegation
A delegation by the Commissioner of any of the Commissioner's
powers or functions under this Act that is in force immediately
before the commencement is taken to be a delegation by the
Director made under section 33F.
53 Pending applications
(1) Subsection (2) applies in relation to an application if, before the
commencement:
(a) the application had been made to the Commissioner under
this Act; and
(b) the Commissioner had not made a decision on the application.
(2) The application must be dealt with and decided in accordance with
this Act as in force immediately before the commencement.
(3) The decision made by the Commissioner on the application is taken
to be a decision made by the Director under this Act.
54 Pending appeals
(1) Subsection (2) applies in relation to an appeal if, before the
commencement:
(a) the appeal had been commenced under this Act; and
(b) a decision on the appeal had not been made.
Part 10 Transitional matters for Justice and Licensing Legislation Further Amendment
Act 2022
Commercial and Private Agents Licensing Act 1979 33
(2) The appeal must be dealt with in accordance with this Act as in
force immediately before the commencement.
55 Appeals not yet commenced
(1) Subsection (2) applies in relation to a decision if, before the
commencement:
(a) the decision had been made by the Commissioner and the
period for appealing the decision had not expired; and
(b) an appeal had not been commenced.
(2) A person who would have been entitled to appeal against the
decision under this Act as in force immediately before the
commencement may do so under this Act as in force after the
commencement as if the decision had been made by the Director.
56 Continuation of ongoing documents and actions
(1) On the commencement, an ongoing document continues with the
same force and effect as if it had been issued by, or given to, the
Director.
(2) On the commencement, an ongoing action continues with the same
force and effect as if it had been done by, or in relation to, the
Director.
(3) This section applies subject to the other provisions of this Part.
(4) In this section, a reference to something done before the
commencement includes a reference to something done after the
commencement in accordance with this Part as if it had been done
before the commencement.
(5) In this section:
ongoing action means an action or thing that:
(a) was done by, or in relation to, the Commissioner before the
commencement in or for the exercise of a power or
performance of a function under this Act that, on the
commencement, is conferred on the Director; and
(b) immediately before the commencement, had ongoing effect.
Part 11 Transitional matters for Statute Law Amendment (NTCAT Conferral of
Jurisdiction) Act 2023
Commercial and Private Agents Licensing Act 1979 34
ongoing document means a document that:
(a) was issued by, or given to, the Commissioner before the
commencement in or for the exercise of a power or
performance of a function under this Act that, on the
commencement, is conferred on the Director; and
(b) immediately before the commencement, had ongoing effect.
57 Offence provisions – before and after commencement
(1) The offence provisions, as amended by the amending Act, apply
only in relation to offences committed after the commencement.
(2) The offence provisions, as in force before the commencement,
continue to apply in relation to offences committed before the
commencement.
(3) For this section, if any of the conduct constituting an offence
occurred before the commencement, the offence is taken to have
been committed before the commencement.
(4) In this section:
offence provisions means the provisions of this Act that create or
relate to offences (including in relation to criminal responsibility,
defences and penalties).
Part 11 Transitional matters for Statute Law
Amendment (NTCAT Conferral of Jurisdiction)
Act 2023
58 Definitions
In this Part:
amending Act means the Statute Law Amendment (NTCAT
Conferral of Jurisdiction) Act 2023.
commencement means the commencement of Part 6 of the
amending Act.
former appeal provisions means:
(a) sections 17 and 17N, as in force immediately before the
commencement; and
Part 11 Transitional matters for Statute Law Amendment (NTCAT Conferral of
Jurisdiction) Act 2023
Commercial and Private Agents Licensing Act 1979 35
(b) regulation 10 of the Regulations, as in force immediately
before the commencement.
new review provisions means:
(a) section 35, as inserted by section 49 of the amending Act; and
(b) regulation 10 of the Regulations, as inserted by section 54 of
the amending Act.
59 NTCAT review limited to decisions made after commencement
The new review provisions apply only in relation to a reviewable
decision that is made after the commencement.
60 Appeals not instituted before commencement
(1) This section applies to a person if, immediately before the
commencement, the person:
(a) was entitled to appeal to the Local Court against a decision of
the Director under the former appeal provisions; and
(b) had not yet instituted an appeal against the decision.
(2) The person may appeal to the Local Court against the decision in
accordance with the former appeal provisions, as if Part 6 of the
amending Act had not commenced.
(3) The Local Court must hear and determine the person's appeal in
accordance with the former appeal provisions, as if Part 6 of the
amending Act had not commenced.
61 Appeals not determined before commencement
(1) Subsection (2) applies in relation to an appeal to the Local Court
that:
(a) was instituted by a person under the former appeal provisions;
and
(b) had not been finally determined by the Local Court before the
commencement.
(2) The Local Court must continue to hear and determine the person's
appeal in accordance with the former appeal provisions, as if Part 6
of the amending Act had not commenced.
Schedule Reviewable decisions
Commercial and Private Agents Licensing Act 1979 36
Schedule Reviewable decisions
section 35
Item Reviewable decision Affected person
1 A decision under section 11 or 12 to refuse
to grant a licence
The applicant for the
licence
2 A decision under section 11 or 12, and with
reference to section 17D(3), to refuse to
renew a licence
The applicant for the
renewal of the licence
3 A decision to exercise a power conferred by
section 17K(1) in relation to an agent
The agent
ENDNOTES
Commercial and Private Agents Licensing Act 1979 37
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
bl = by-law om = omitted
ch = Chapter pt = Part
div = Division r = regulation/rule
exp = expires/expired renum = renumbered
f = forms rep = repealed
Gaz = Gazette s = section
hdg = heading sch = Schedule
ins = inserted sdiv = Subdivision
lt = long title SL = Subordinate Legislation
N/C = not commenced sub = substituted
2 LIST OF LEGISLATION
Commercial and Private Agents Licensing Act 1979 (Act No. 41, 1979)
Assent date 27 April 1979
Commenced 12 September 1980 (Gaz G37, 12 September 1980, p 2)
Statute Law Revision (No. 3) 1979 (Act No. 37, 1980)
Assent date 24 April 1980
Commenced 24 April 1980
Commercial and Private Agents Licensing Amendment Act 1981 (Act No. 21, 1981)
Assent date 25 March 1981
Commenced 25 March 1981
Criminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)
Assent date 28 November 1983
Commenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,
1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,
26 February 1986, p 5)
Law Officers Amendment Act (No. 2) 1986 (Act No. 48, 1986)
Assent date 10 December 1986
Commenced 19 December 1986 (Gaz S87, dated 17 December 1986)
Statute Law Revision Act 1993 (Act No. 6, 1993)
Assent date 18 March 1993
Commenced 18 March 1993
Public Sector Employment and Management (Consequential Amendments) Act 1993
(Act No. 28, 1993)
Assent date 30 June 1993
Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and
Management Act 1993 (Act No. 11, 1993) and Gaz S53,
29 June 1993)
Statute Law Revision Act (No. 2) 1993 (Act No. 70, 1993)
Assent date 9 November 1993
Commenced 9 November 1993
ENDNOTES
Commercial and Private Agents Licensing Act 1979 38
Statute Law Revision Act 1994 (Act No. 50, 1994)
Assent date 20 September 1994
Commenced 20 September 1994
Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)
Assent date 19 April 1996
Commenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 and Gaz S15,
13 June 1996)
Financial Institutions (Miscellaneous Amendments) Act 1997 (Act No. 23, 1997)
Assent date 2 June 1997
Commenced 2 June 1997
Territory Insurance Office (Miscellaneous Amendments) Act 1998 (Act No. 37, 1998)
Assent date 27 May 1998
Commenced 27 May 1998
Statute Law Revision Act 2000 (Act No. 19, 2000)
Assent date 6 June 2000
Commenced s 6: 4 December 1999; rem: 12 July 2000 (Gaz G27,
12 July 2000, p 2)
Commercial and Private Agents Licensing Amendment Act 2000 (Act No. 49, 2000)
Assent date 1 November 2000
Commenced 1 December 2001 (s 2)
Statute Law Revision Act 2002 (Act No. 18, 2002)
Assent date 7 June 2002
Commenced 7 June 2002
Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)
Assent date 13 September 2002
Commenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)
Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)
Assent date 15 September 2004
Commenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date 14 December 2005
Commenced 14 December 2005
Justice Legislation Amendment Act (No. 2) 2006 (Act No. 35, 2006)
Assent date 3 November 2006
Commenced 3 November 2006
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Assent date 20 May 2010
Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)
Statute Law Revision Act 2011 (Act No. 30, 2011)
Assent date 31 August 2011
Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)
Power and Water Corporation Legislation Amendment Act 2014 (Act No. 13, 2014)
Assent date 13 May 2014
Commenced 29 May 2014 (Gaz S29, 29 May 2014, p 2)
ENDNOTES
Commercial and Private Agents Licensing Act 1979 39
Statute Law Revision Act 2014 (Act No. 38, 2014)
Assent date 13 November 2014
Commenced 13 November 2014
Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)
Assent date 18 September 2015
Commenced 14 October 2015 (Gaz G41, 14 October 2015, p3)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Red Tape Reduction (Miscellaneous Amendments) Act 2016 (Act No. 12, 2016)
Assent date 10 May 2016
Commenced 1 July 2016 (Gaz G26, 29 June 2016, p 2)
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date 10 March 2017
Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)
Statute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,
2022)
Assent date 14 April 2022
Commenced pt 7: 25 May 2023 (Gaz G11, 25 May 2023, p 2);
rem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)
Justice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)
Assent date 31 October 2022
Commenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,
21 December 2022, p 1)
Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023)
Assent date 21 September 2023
Commenced 27 November 2023 (Gaz G24, 23 November 2023, p 2)
Trade, Business and Asian Relations Legislation Amendment (Streamlining Licensing
Schemes and Other Matters) Act 2026 (Act No. 2, 2026)
Assent date 9 February 2026
Commenced 10 February 2026 (s 2)
3 SAVINGS AND TRANSITIONAL PROVISIONS
ss 6(2) and 17 Commercial and Private Agents Licensing Amendment
Act 2000 (Act No. 49, 2000)
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 30, 31, 33 and 33A.
ENDNOTES
Commercial and Private Agents Licensing Act 1979 40
5 LIST OF AMENDMENTS
pt 1 hdg amd No. 30, 2011, s 3
s 3 amd No. 21, 1981, s 3; No. 37, 1998, s 3; No. 49, 2000, s 4; No. 38, 2002,
s 6; No. 30, 2011, s 3; No. 8, 2016, s 45; No. 12, 2016, s 16; No. 21, 2022,
s 20; No. 24, 2023, s 40
s 4 amd No. 21, 1981, s 4; No. 28, 1993, s 3; No. 50, 1994, s 3; No. 23, 1997,
s 6; No. 38, 2002, s 6; No. 54, 2004, s 7; No. 44, 2005, s 35; No. 30, 2011,
s 3; No. 13, 2014, s 32; No. 8, 2016, s 45; No. 4, 2017, s 34; No. 24, 2023,
s 41
pt II hdg sub No. 49, 2000, s 5
pt II
div 1 hdg ins No. 49, 2000, s 5
s 5 sub No. 49, 2000, s 5
amd No. 12, 2010, s 3
s 6 sub No. 49, 2000, s 5
amd No. 12, 2010, s 3; No. 30, 2011, s 3
pt II
div 2 hdg ins No. 49, 2000, s 5
s 7 amd No. 21, 1981, s 5
sub No. 49, 2000, s 5
amd No. 30, 2011, s 3; No. 12, 2016, s 17; No. 5, 2022, s 37; No. 21, 2022,
s 23
s 8 amd No. 21, 1981, s 6; No. 17, 1996, s 6
sub No. 49, 2000, s 5
amd No. 21, 2022, s 23
s 9 amd No. 48, 1986, s 9
sub No. 49, 2000, s 5
amd No. 5, 2022, s 38; No. 21, 2022, s 23
s 10 amd No. 21, 1981, s 7
sub No. 49, 2000, s 5
amd No. 30, 2011, s 3; No. 21, 2022, s 23
s 11 amd No. 21, 1981, s 8; No. 48, 1986, s 9; No. 17, 1996, s 6
sub No. 49, 2000, s 5
amd No. 30, 2011, s 3; No. 8, 2016, s 45; No. 21, 2022, s 23
s 12 amd No. 18, 2002, s 6
sub No. 49, 2000, s 5
amd No. 30, 2011, s 3; No. 8, 2016, s 45; No. 21, 2022, s 23
s 13 sub No. 49, 2000, s 5
amd No. 21, 2022, s 23
s 14 sub No. 49, 2000, s 5; No. 12, 2016, s 18
amd No. 21, 2022, s 23
s 15 sub No. 49, 2000, s 5
amd No. 21, 2022, s 23
s 16 amd No. 21, 1981, s 9; No. 48, 1986, s 9; No. 17, 1996, s 6; No. 19, 2000, s 9
sub No. 49, 2000, s 5
amd No. 30, 2011, s 3; No. 12, 2016, s 19; No. 21, 2022, s 23; No. 24, 2023,
s 42
s 17 amd No. 21, 1981, s 10
sub No. 49, 2000, s 5
amd No. 21, 2022, s 23
rep No. 24, 2023, s 43
s 17A ins No. 49, 2000, s 5
amd No. 12, 2016, s 20; No. 21, 2022, s 23
s 17B ins No. 49, 2000, s 5
amd No. 30, 2011, s 3; No. 12, 2016, s 21
ENDNOTES
Commercial and Private Agents Licensing Act 1979 41
pt II
div 3 hdg ins No. 49, 2000, s 5
amd No. 30, 2011, s 3
s 17C ins No. 49, 2000, s 5
amd No. 30, 2011, s 3; No. 21, 2022, s 23
s 17D ins No. 49, 2000, s 5
amd No. 12, 2016, s 22; No. 21, 2022, s 23; No. 2, 2026, s 20
s 17E ins No. 49, 2000, s 5
amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 21, 2022, s 23; No. 24, 2023,
s 44
s 17F ins No. 49, 2000, s 5
amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 21, 2022, s 23
s 17G ins No. 49, 2000, s 5
amd No. 30, 2011, s 3; No. 21, 2022, s 23
s 17H ins No. 49, 2000, s 5
s 17J ins No. 49, 2000, s 5
amd No. 21, 2022, s 23
pt III hdg sub No. 49, 2000, s 5
s 17K ins No. 49, 2000, s 5
amd No. 35, 2006, s 7; No. 30, 2011, s 3; No. 21, 2022, s 23
s 17L ins No. 49, 2000, s 5
amd No. 44, 2005, s 35; No. 30, 2011, s 3; No. 21, 2022, s 23
s 17M ins No. 49, 2000, s 5
amd No. 30, 2011, s 3; No. 21, 2022, s 23; No. 24, 2023, s 45
s 17N ins No. 49, 2000, s 5
amd No. 21, 2022, s 23
rep No. 24, 2023, s 46
s 17P ins No. 49, 2000, s 5
amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 21, 2022, s 23; No. 24, 2023,
s 47
pt IV hdg rep No. 49, 2000, s 5
pt V hdg rep No. 5, 2022, s 39
s 18 sub No. 21, 1981, s 11
amd No. 49, 2000, s 6; No. 54, 2004, s 7; No. 30, 2011, s 3
rep No. 5, 2022, s 39
s 19 sub No. 21, 1981, s 11
amd No. 30, 2011, s 3
rep No. 5, 2022, s 39
s 20 amd No. 49, 2000, s 16; No. 30, 2011, s 3; No. 38, 2014, s 2
rep No. 5, 2022, s 39
s 21 amd No. 30, 2011, s 3
rep No. 5, 2022, s 39
s 22 amd No. 49, 2000, s 16; No. 30, 2011, s 3
rep No. 5, 2022, s 39
s 23 amd No. 21, 1981, s 12; No. 23, 1997, s 6; No. 49, 2000, s 16; No. 38, 2002,
s 6; No. 12, 2010, s 3; No. 30, 2011, s 3; No. 4, 2017, s 34
s 24 amd No. 30, 2011, s 3
s 25 amd No. 49, 2000, s 7; No. 12, 2010, s 3; No. 30, 2011, s 3
s 26 amd No. 49, 2000, s 16; No. 12, 2010, s 3; No. 30, 2011, s 3; No. 21, 2022,
s 23
s 27 amd No. 17, 1996, s 6; No. 49, 2000, s 16; No. 38, 2002, s 6; No. 30, 2011,
s 3; No. 4, 2017, s 34; No. 21, 2022, s 23
s 28 amd No. 23, 1997, s 6; No. 49, 2000, s 8; No. 38, 2002, s 6; No. 30, 2011,
s 3; No. 4, 2017, s 34; No. 21, 2022, s 23
s 28A ins No. 49, 2000, s 9
amd No. 12, 2010, s 3; No. 30, 2011, s 3; No. 21, 2022, s 23
s 29 amd No. 49, 2000, s 10; No. 30, 2011, s 3; No. 38, 2014, s 2; No. 5, 2022,
s 40; No. 21, 2022, s 23
ENDNOTES
Commercial and Private Agents Licensing Act 1979 42
s 30 amd No. 21, 1981, s 13; No. 19, 2000, s 9; No. 49, 2000, s 16; No. 30, 2011,
s 3; No. 38, 2014, s 2; No. 8, 2016, s 45
s 31 amd No. 19, 2000, s 9; No. 49, 2000, s 16; No. 30, 2011, s 3; No. 8, 2016,
s 45
s 32 amd No. 49, 2000, s 16; No. 12, 2010, s 3; No. 30, 2011, s 3; No. 8, 2016,
s 45
s 33 amd No. 37, 1980, s 5; No. 21, 1981, s 14; No. 6, 1993, s 8; No. 19, 2000,
s 9; No. 49, 2000, s 11; No. 30, 2011, s 3; No. 38, 2014, s 2; No. 8, 2016,
s 45; No. 24, 2023, s 48
s 33A ins No. 21, 1981, s 15
amd No. 6, 1993, s 8; No. 19, 2000, s 9; No. 30, 2011, s 3; No. 8, 2016, s 45
pt 7A hdg ins No. 21, 2022, s 21
ss 33B – 33G ins No. 21, 2022, s 21
s 34 sub No. 49, 2000, s 12
amd No. 21, 2022, s 23
s 35 rep No. 49, 2000, s 12
ins No. 24, 2023, s 49
s 36 amd No. 21, 1981, s 16
rep No. 49, 2000, s 12
s 37 rep No. 49, 2000, s 12
s 39 amd No. 49, 2000, s 13; No. 12, 2010, s 3; No. 30, 2011, s 3
s 40 amd No. 30, 2011, s 3
ss 42 – 43 amd No. 49, 2000, s 16; No. 12, 2010, s 3; No. 30, 2011, s 3
s 44 rep No. 49, 2000, s 14
ins No. 35, 2006, s 8
s 45 amd No. 30, 2011, s 3
s 46 amd No. 30, 2011, s 3
rep No. 26, 2015, s 10
s 46AA ins No. 68, 1983, s 105
amd No. 70, 1993, s 8
rep No. 49, 2000, s 15
s 46A ins No. 21, 1981, s 17
sub No. 49, 2000, s 15
amd No. 30, 2011, s 3; No. 21, 2022, s 23
s 46B ins No. 21, 1981, s 17
amd No. 30, 2011, s 3; No. 38, 2014, s 2
s 47 amd No. 30, 2011, s 3
pt 9 hdg ins No. 12, 2016, s 23
ss 48 – 50 ins No. 12, 2016, s 23
pt 10 hdg ins No. 21, 2022, s 22
ss 51 – 57 ins No. 21, 2022, s 22
pt 11 hdg ins No. 24, 2023, s 50
ss 58 – 61 ins No. 24, 2023, s 50
sch ins No. 24, 2023, s 50