31CPerson with criminal record may be allowed limited right to hold licence etc.

31C Person with criminal record may be allowed limited right to hold licence etc. (1) This section applies to a person who has, 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. S. 31C(2) amended by No. 52/1998 s. 84(1). (2) The person may apply to the Authority for permission to hold an estate agent's licence or to be employed as an agent's representative. S. 31C(2A) inserted by No. 8/2003 s. 51. S. 31C(2B) inserted by No. 8/2003 s. 51. (b) require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority; S. 31C(2C) inserted by No. 8/2003 s. 51. (2C) The Authority may refuse to consider the application if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made. S. 31C(3) amended by No. 52/1998 s. 84(1). (3) The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so. (4) Section 14(5)(e) does not apply to a person in respect of whom permission has been given. (5) A person in respect of whom permission has been given is eligible to act as an agent's representative, despite section 16(1)(c). S. 31CA inserted by No. 41/2003 s. 30. 31CA Corporation may be allowed to hold licence despite disqualifying factors (1) A corporation may apply to the Authority for permission to be granted, or to continue to hold, an estate agent's licence even though— S. 31CA(1)(a) amended by No. 17/2004 s. 7(2). (a) it, or one of its directors, is a person in relation to whom a claim has been allowed against the Fund under Part VII or against a corresponding fund established under any corresponding previous enactment; or (b) it has been convicted of, or has had found proven against it, an offence involving fraud, dishonesty, drug trafficking or violence that, if it was a natural person, would be punishable by imprisonment for 3 months or more; or (c) one of its directors is a person who has, 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, but who is still eligible to be a director of the corporation under the Corporations Act despite the conviction or finding of guilt. (2) An application must— (c) be accompanied by any documents required by the Authority; and (d) be accompanied by any fee required by the regulations for the purposes of this section. (3) The Authority may give its permission if it is satisfied— (a) that the giving of the permission is not contrary to the public interest; and (b) in the case of an application made in the circumstances described in subsection (1)(a)— (i) that the person has refunded all amounts paid out of the Fund or the corresponding fund in respect of the claim; and (ii) that there were exceptional circumstances which gave rise to the claim against the person; and (iii) that having regard to the conduct of the person before and after the claim, there is no reasonable expectation that the person will not comply with this Act and the regulations in future; and (c) in the case of an application made in the circumstances described in subsection (1)(a) involving a director or in subsection (1)(c), that there is a substantive reason why the person should remain a director of the corporation. (4) In considering an application, the Authority may— (b) require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority; (5) The Authority may refuse to give its permission if the applicant does not provide the further information required, or any consent needed by the Authority to obtain that information, within a reasonable time after the requirement is made. (6) If the Authority gives its permission, the corporation is eligible to be granted, or to continue to hold, an estate agent's licence, despite anything to the contrary in section 15(3) or 22(2A). S. 31D inserted by No. 86/1994 s. 20.