Part 3Regulation of activities

Part 3—Regulation of activities 12A—Employment of security agents or investigation agents (1) A person (whether licensed under this Act or not) must not employ another as a security agent or investigation agent under a contract of service to perform functions of a particular kind unless that other person holds a licence authorising him or her to personally perform functions of that kind. (2) A person (whether licensed under this Act or not) must not engage another to perform the function of controlling crowds unless the person personally performing the function holds a licence authorising him or her to do so. 13—Operation of licensed agent's business (1) A licensed agent that is a body corporate must ensure that the agent's business is (with respect to the functions authorised by the licence) properly managed and supervised by a natural person who holds a licence authorising the person to perform those functions personally without supervision. (2) A licensed agent authorised to carry on business under the licence must ensure that functions performed in the course of the business are performed by natural persons who hold licences authorising them to perform those functions personally. 14—Accounts of licensed agent A licensed agent must keep accounts as required by the regulations. 15—Licensed agent not to purport to have powers outside licence (1) A licence does not confer on an agent power or authority to act in contravention of, or in disregard of, law or rights or privileges arising under or protected by law. (2) A licensed agent must not hold himself or herself out as having a power or authority by virtue of the licence that is not in fact conferred by the licence. 16—Prohibition against assisting another to pretend to be agent A person (whether licensed under this Act or not) must not supply or lend a document or form or provide other assistance to another person for the purpose of enabling that other person falsely to pretend to be an agent, or a person who, in the course of a business, performs any of the functions of an agent. 17—Misrepresentation An agent who makes a false, misleading or deceptive representation, or conceals a material fact, for the purpose of inducing another person to enter into an agreement or contract in connection with the performance of any of the functions of an agent is guilty of an offence. 18—Name in which licensed agent may carry on business A person must not carry on business as an agent under a licence except in the name appearing in the licence or in a business name registered by the person in accordance with the provisions of the Business Names Registration Act 2011 of the Commonwealth of which the Commissioner has been given prior notice in writing. 19—Publication of advertisements by licensed agent A person carrying on business as an agent under a licence must not publish, or cause to be published, an advertisement relating to the business (other than an advertisement relating solely to the recruiting of staff) unless the advertisement specifies the name of the agent appearing in the licence or a registered business name in which the agent carries on business as an agent and of which the Commissioner has been given prior notice in writing. 20—Licence or identification to be carried or displayed (1) A natural person who is a licensed agent must, at all times when performing functions under the licence, carry his or her licence and produce it forthwith if requested to do so by— (a) a police officer; or (b) the Commissioner; or (c) a person appointed as an authorised officer under the Fair Trading Act 1987; or (d) a person with whom the agent has dealings as an agent. (2) A natural person who is— (a) a licensed security agent authorised to perform the function of controlling crowds; or (b) an agent of a class specified by the regulations, must comply with the requirements of the regulations about the wearing of identification or a uniform (or both). 21—Limitations on settling claims relating to motor vehicles (1) Subject to this section, a person required to be licensed as an agent must not, when acting on behalf of another, settle or compromise or attempt to settle or compromise a claim in respect of loss or injury arising out of the use of a motor vehicle after proceedings have been instituted in a court in respect of that loss or injury. (2) This section does not apply unless the process by which the proceedings are instituted has been served on the defendant to those proceedings. (3) It is a defence to a charge of an offence against subsection (1) if it is proved that the defendant did not know, and could not by the exercise of reasonable diligence have discovered, that proceedings had been instituted in a court in respect of the loss or injury. 22—Repossession of motor vehicles to be reported An agent who takes possession of a motor vehicle that is subject to a security interest must— (a) as soon as practicable after taking possession of the motor vehicle, inform a police officer on duty at the police station nearest to the place where the agent took possession of the vehicle; and (b) within 24 hours after taking possession of the motor vehicle, deliver or send by post to the police officer in charge of the police station nearest to the agent's address for service1, written particulars in duplicate of the motor vehicle, including particulars of the registered number of the vehicle.