7Exemptions from provisions authorising person in charge of business—the Act, s 20

#### 7 Exemptions from provisions authorising person in charge of business—the Act, s 20 7 Exemptions from provisions authorising person in charge of business—the Act, s 20 > > (1) The Secretary must take into account the following matters in considering whether to grant an exemption from a provision of the Act, section 20 that will authorise a licensee to be the person in charge of business (the licensee-in-charge) at more than 1 place of business of a licensee or to exercise functions or provide services on behalf of 2 or more licensees at a place of business— > > > > > (a) the reasons given by the licensee for why the exemption is needed, > > > > > (b) the licensee’s previous experience as licensee-in-charge at a place of business of a licensee, > > > > > (c) the capacity of the licensee to comply with any guidelines issued by the Secretary under the Act, section 21(3), > > > > > (d) the record of the licensee regarding compliance with— > > > > > > > (i) the conditions of a licence held at any time by a licensee under the [Conveyancers Licensing Act 1992](/view/pdf/asmade/act-1992-55), the [Conveyancers Licensing Act 1995](/view/html/repealed/current/act-1995-057) or the [Conveyancers Licensing Act 2003](/view/html/inforce/current/act-2003-003), and > > > > > > > (ii) the provisions of the Act under which the licence was held and the regulations under that Act, and > > > > > > > (iii) the relevant provisions of the [Legal Profession Act 1987](/view/html/repealed/current/act-1987-109) and the [Legal Profession Act 2004](/view/html/repealed/current/act-2004-112), and the relevant provisions of the regulations under those Acts, and > > > > > > > (iv) the relevant provisions of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) and the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016), and the relevant provisions of the rules and regulations under those Acts, > > > > > (e) employer references for the licensee’s experience as a licensee-in-charge. > > > (2) The Secretary must take into account the following additional matters in considering whether to grant an exemption from the Act, section 20(1), (2) or (3) that will authorise a licensee to be the licensee-in-charge at more than 1 place of business of a licensee— > > > > > (a) the capacity of the licensee to properly supervise the conduct of business at more than 1 place of business, > > > > > (b) the office systems proposed to be established at each place of business to provide for accountability to the licensee-in-charge at each place of business, > > > > > (c) the proposed staffing and office management arrangements at each place of business, > > > > > (d) whether there is a centralised trust account for the deposit of trust money received in connection with the businesses for which the licensee will be the licensee-in-charge under the exemption. > > > (3) The Secretary must take into account the following additional matters in considering whether to grant an exemption from the Act, section 20(4) that will authorise a licensee employed as the licensee-in-charge at a place of business to exercise functions or provide services on behalf of 2 or more licensees (the principal licensees) at the place of business— > > > > > (a) the capacity of the licensee to properly supervise the conduct of business of more than 1 principal licensee, > > > > > (b) the fiduciary safeguards and office systems proposed to be established to provide for accountability to the licensee-in-charge, > > > > > (c) whether separate trust accounts are in place for the deposit of trust money received in connection with the business of each principal licensee.