NSWIn ForceAct
Fair Trading Act 1987
60CField agents and employers of field agents require licence
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#### 60C Field agents and employers of field agents require licence
60C Field agents and employers of field agents require licence
> > (1) A person must not do any of the following for the purposes of carrying out a commercial agent activity unless the person holds a commercial agent licence—
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> > > (a) approach or attempt to approach the person who is the subject of the commercial agent activity,
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> > > (b) enter or attempt to enter any premises at which the subject of the commercial agent activity resides, works or otherwise regularly frequents,
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> > > (c) approach or attempt to approach any property owned by or in the possession of the subject of the commercial agent activity.
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> > Maximum penalty—1,000 penalty units (in the case of a corporation) or 200 penalty units or imprisonment for 12 months, or both (in the case of an individual).
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> > (2) A person (the employer) must not employ a person (the employee) to carry out a commercial agent activity that requires the employee to hold a commercial agent licence unless the employer holds a commercial agent licence.
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> > Maximum penalty—1,000 penalty units (in the case of a corporation) or 200 penalty units or imprisonment for 12 months, or both (in the case of an individual).
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> > (3) A person who is carrying out a commercial agent activity under a commercial agent licence must produce the licence for inspection if requested to do so by an investigator or by a person who is the subject of the commercial agent activity.
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> > Maximum penalty—50 penalty units.
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> > (4) An officer of a corporation is not required to hold a commercial agent licence merely because the corporation is required to hold a commercial agent licence.
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> > (5) No more than 1 partner in a firm that carries out commercial agent activities is required to hold a commercial agent licence.
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> > (6) In this section, the person who is the subject of a commercial agent activity means the person from whom a debt is to be recovered or goods are to be repossessed or on whom process is to be served.
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> **s 60C:** Ins 2016 No 52, Sch 1\[1\].