NSWIn ForceAct
Fair Trading Act 1987
60DFit and proper person
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#### 60D Fit and proper person
60D Fit and proper person
> > (1) A person may hold a commercial agent licence only if the person is a fit and proper person to hold the licence.
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> > (2) A person is not a fit and proper person to hold a commercial agent licence if—
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> > > (a) the person is a disqualified person, or
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> > > (b) the Secretary makes a finding that the person is not a fit and proper person to hold a licence.
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> > (3) The Secretary may determine that a person is not a fit and proper person to hold a commercial agent licence on such grounds as the Secretary sees fit, including, but not limited to, the following grounds—
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> > > (a) the person has been authorised to carry out a commercial agent activity under a licence (however described) of another State or Territory and that licence—
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> > > > (i) is suspended, or
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> > > > (ii) has, within the previous 5 years, been cancelled and the person has not held a licence since the cancellation,
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> > > (b) the person has been authorised to carry out an activity under another Act administered by the Minister and that authorisation—
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> > > > (i) is suspended, or
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> > > > (ii) has, within the previous 5 years, been cancelled and the person has not held an authorisation since the cancellation,
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> > > (c) the person has, within the previous 10 years, been convicted of a relevant offence,
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> > > (d) any ground prescribed by the regulations.
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> > (4) A corporation is not a fit and proper person to hold a commercial agent licence unless the corporation and each officer of the corporation is a fit and proper person to hold the licence.
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> > (5) A partner in a firm is not a fit and proper person to hold a commercial agent licence unless the partner and each other partner in the firm is a fit and proper person to hold a licence.
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> **s 60D:** Ins 2016 No 52, Sch 1\[1\]. Am 2024 No 53, Sch 1.6\[4\].