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Fair Trading (Australian Consumer Law) Act 1992
44Inspection of records of agents
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44 Inspection of records of agents
(1) For this section, the following is a relevant circumstance in relation
to a person:
(a) the person is a licensed agent who cannot be found;
(b) the person is a licensed agent who has left the ACT apparently
permanently or for an extended period;
(c) the person has ceased to be a licensed agent;
(d) the person is a licensed property agent who has contravened, or
appears to have contravened, the Agents Act 2003, part 7
(Trust accounts—licensed property agents).
(2) This section applies if an investigator is satisfied that—
(a) a relevant circumstance has happened in relation to a person; and
(b) the person has deposited money in an account with an authorised
deposit-taking institution; and
(c) it is necessary to inspect the records relating to the person kept
by the institution.
(3) The investigator may give to the authorised deposit-taking institution
a written notice—
(a) setting out the relevant circumstance; and
(b) requiring the institution to produce for the investigator’s
inspection the records of the institution relating to the person.
(4) An authorised deposit-taking institution must comply with the notice.
account—
(a) means a trust account or another account, whether related to a
person’s business activities or not; and
(b) includes an account kept jointly with someone else.
licensed agent—see the Agents Act 2003, dictionary.
licensed property agent—see the Agents Act 2003, section 7A.
trust account—see the Agents Act 2003, dictionary.