NSWIn ForceAct
Property and Stock Agents Act 2002
123Definitions
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#### 123 Definitions
123 Definitions
> In this Part—
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> associate, in relation to a licensee, has the meaning given to it by section 124.
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> expenses, in relation to management, means—
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> > (a) the remuneration payable to the manager, or
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> > (b) the expenses incurred in the course of the management or receivership, or
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> > (c) the costs of legal proceedings involved in the management or receivership, or
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> > (d) any reimbursement of the manager or receiver under this Part.
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> failure to account has the meaning given to it by section 125.
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> licensee includes—
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> > (a) a firm of licensees, and
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> > (b) a former licensee, and
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> > (c) in relation to anything done or omitted by a licensee—a deceased licensee and a deceased former licensee, and
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> > (d) except in relation to anything done or omitted by a licensee—the personal representative of a deceased licensee or a deceased former licensee.
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> Operating Account means the Department of Fair Trading Operating Account or a departmental account prescribed by the regulations for the purposes of this definition.
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> property, in relation to a licensee, means—
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> > (a) money or other property received by the licensee on behalf of another person in the conduct of the licensee’s business, or
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> > (b) interest, dividends, income, profits or other property derived from or acquired with money or other property referred to in paragraph (a), or
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> > (c) documents and records of any description relating to anything referred to in paragraph (a) or (b) or to the licensee’s business, or
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> > (d) any means by which any records referred to in paragraph (c) that are not written may be reproduced in writing,
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> and, in relation to a licensee whose business is under management, includes any property of the business.
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> receivable property means property of a licensee or an associate of a licensee that is the subject of an order appointing a receiver, and includes property that, but for its having being taken, paid or transferred unlawfully or in breach of trust, would be receivable property.
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> receiver means a receiver appointed by the Supreme Court under this Part.
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> relevant associate means a licensee’s associate of whose property a receiver has been appointed under this Part.
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> relevant licensee means a licensee of whose property a receiver has been appointed.