16Eligibility for employment as an agent's representative

16 Eligibility for employment as an agent's representative

(1) A person is eligible to be employed as an agent's representative if she or he—

(a) is at least 18 years of age; and

(b) has passed any prescribed courses of instruction or examination; and

(c) has not, within the last 10 years in Australia or elsewhere, been convicted or had found proven against him or her any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more; and

(d) is not an insolvent under administration; and

S. 16(1)(da) inserted by No. 52/1998 s. 71(1), amended by No. 13/2019 s. 221(Sch. 1 item 14.1).

(da) is not a represented person within the meaning of the Guardianship and Administration Act 2019; and

S. 16(1)(e) amended by No. 52/1998 s. 71(2).

(e) is not presently subject to a declaration under section 28A(1)(f) that she or he is ineligible to act as an agent's representative; and

S. 16(1)(f) amended by No. 17/2004 s. 7(2).

(f) has not, in relation to anything she or he has done or not done, had a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; and

(g) is not the subject of an order by any regulatory body in or outside Victoria disqualifying him or her from acting as an agent's representative (or an equivalent occupation under the jurisdiction of the regulatory body).

S. 16(1A) inserted by No. 41/2003 s. 22(1).

(1A) Despite subsection (1), a person remains eligible to be employed as an agent's representative for 30 days after the person—

S. 16(1A)(a) amended by No. 17/2004 s. 7(2).

(a) has, in relation to anything he or she has done or not done, a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; or

(b) becomes an insolvent under administration; or

(c) is convicted of, or has found proven against him or her, any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more.

Section 22A provides that if an agent's representative is convicted of, or has found proven against him or her, an offence described in subsection (1)(c), the conviction or finding doesn't take effect (and thus the 30 day period doesn't begin) until all avenues of appeal in relation to the conviction or finding have been exhausted.

S. 16(1B) inserted by No. 41/2003 s. 22(1).

(1B) A person who applies within the 30 day period referred to in subsection (1A) for permission under section 31A, 31B or 31C to be employed as an agent's representative remains eligible to be employed as an agent's representative until the application is withdrawn or is refused by the Authority.