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Motor Dealers and Chattel Auctioneers Act 2014
sec.41Restriction—individuals
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### sec.41 Restriction—individuals
An individual who is an employed licensee may perform an activity authorised under the individual’s licence only if the activity may also be performed by the individual’s employer under the employer’s licence.
E is a licensed employee of P, a licensed motor dealer. E’s licence is not subject to a condition. However, P’s licence is subject to a condition that P deal only in motorcycles. Because of the condition, E is only authorised to deal in motorcycles under E’s licence during E’s employment with P and while P is subject to the condition.
However, subsection (1) does not prevent an individual who holds a chattel auctioneer licence selling goods by auction for the individual’s licensed employer.
If the employed licensee performs an activity the employed licensee is not authorised to perform because of subsection (1) , the employed licensee is taken to be a person who acts as a licensee without a licence for the performance of the activity.
(sec.41-ssec.1) An individual who is an employed licensee may perform an activity authorised under the individual’s licence only if the activity may also be performed by the individual’s employer under the employer’s licence. E is a licensed employee of P, a licensed motor dealer. E’s licence is not subject to a condition. However, P’s licence is subject to a condition that P deal only in motorcycles. Because of the condition, E is only authorised to deal in motorcycles under E’s licence during E’s employment with P and while P is subject to the condition.
(sec.41-ssec.2) However, subsection (1) does not prevent an individual who holds a chattel auctioneer licence selling goods by auction for the individual’s licensed employer.
(sec.41-ssec.3) If the employed licensee performs an activity the employed licensee is not authorised to perform because of subsection (1) , the employed licensee is taken to be a person who acts as a licensee without a licence for the performance of the activity.