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, the Conveyancers Licensing Act 1995 or the Conveyancers Licensing Act 2003, 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 and the Legal Profession Act 2004, and the relevant provisions of the regulations under those Acts, and

(iv) the relevant provisions of the Legal Profession Uniform Law (NSW) and the Legal Profession Uniform Law Application Act 2014, 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—