55ARelief from disentitlement to commission and expenses

55A Relief from disentitlement to commission and expenses

55A Relief from disentitlement to commission and expenses

(1) A court or tribunal before which relevant proceedings are taken may order that commission or expenses are wholly or partly recoverable by a licensee who would otherwise not be entitled to the commission or expenses (under section 55) because of—

(a) a failure by the licensee to serve a copy of the relevant agency agreement on the person within 48 hours after it was signed by or on behalf of the person, or

(b) a failure of the relevant agency agreement to comply with the requirements of the regulations.

(2) A court or tribunal is not to make such an order in circumstances of a failure to serve a copy of the agency agreement within the required time unless satisfied that—

(a) the failure was occasioned by inadvertence or other cause beyond the control of the licensee, and

(b) the commission or expenses that will be recoverable if the order is made are in all the circumstances fair and reasonable, and

(c) failure to make the order would be unjust.

(3) A court or tribunal is not to make such an order in circumstances of a failure of the agency agreement to comply with the requirements of the regulations unless satisfied that—

(a) the failure is a minor failure, and

(b) no loss has been suffered as a result of the failure by the person for whom or on whose behalf the services concerned were performed, and

(c) failure to make the order would be unjust.

(4) Proceedings are relevant proceedings if they are proceedings taken by a licensee for the recovery of commission or expenses from a person or proceedings on a consumer claim relating to commission or expenses (as referred to in section 36) in relation to which a licensee is a respondent.

s 55A: Ins 2013 No 3, Sch 1 [5].