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 \[5\].