41Exemptions

### 41 Exemptions > > (1)  The following persons are exempted from the requirement to hold an agent licence: > > > > > > (a) [*\[Section 41 Subsection (1) amended by No. 39 of 2010, s. 38, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS38@Hpa@EN) a person acting in good faith in an office created by an Act of the Commonwealth or of this State or any other State or a Territory while carrying out any activity of a commercial agent or an inquiry agent; > > > > > > > (b) [*\[Section 41 Subsection (1) amended by No. 39 of 2010, s. 38, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS38@Hpb@EN) a person acting in good faith in an office under the Crown in the right of the Commonwealth or of this State or any other State or a Territory while carrying out any activity of a commercial agent or an inquiry agent; > > > > > > > (c) [*\[Section 41 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja93@GC1@EN) an Australian legal practitioner acting in the ordinary course of his or her profession, or a clerk employed by an Australian legal practitioner acting in the ordinary course of that employment, while carrying out any activity of a commercial agent or an inquiry agent; > > > > > > > (d) [*\[Section 41 Subsection (1) amended by No. 20 of 2013, s. 83, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-020#GS83@EN) a member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the Institute of Public Accountants acting in the ordinary course of his or her profession while carrying out any activity of a commercial agent or an inquiry agent; > > > > > > > (e) a trustee company, a building society, a friendly society, or a person carrying on the business of insurance, insurance broking or banking, acting in the ordinary course of that business, or an employee of such a company, society or person acting in the ordinary course of that employment, while carrying out any activity of a commercial agent or an inquiry agent; > > > > > > > (f) a person employed by the holder of a licence to perform clerical or secretarial functions acting in the ordinary course of that employment while carrying out any activity of a commercial agent or an inquiry agent; > > > > > > > (g) a person employed by a commercial agent for the purpose of debt collection by telephone acting in the ordinary course of that employment; > > > > > > > (h) a person employed by a person who is not a commercial agent acting in the ordinary course of that employment; > > > > > > > (i) [*\[Section 41 Subsection (1) amended by No. 75 of 2005, Sched. 1, Applied:01 Dec 2006\]*](/view/html/inforce/2006-12-01/act-2005-075#JS1@Ja2@GC1@EN) [*\[Section 41 Subsection (1) amended by No. 58 of 2016, Sched. 4, Applied:01 Apr 2017\]*](/view/html/inforce/2017-04-01/act-2016-058#JS4@Ja7@GC1@EN) a real estate agent, within the meaning of the [Property Agents and Land Transactions Act 2016](/view/html/inforce/2026-04-12/act-2016-058) , acting in the ordinary course of that employment while carrying out any activity of a commercial agent or an inquiry agent; > > > > > > > (j) a member of the Australasian Institute of Chartered Loss Adjusters acting in the ordinary course of his or her profession while carrying out any activity of a commercial agent or an inquiry agent; > > > > > > > (k) an employee of a holding company or the subsidiary of a holding company acting as a commercial agent for another company that is related to the first-mentioned company in the course of that employment while carrying out any activity of a commercial agent or an inquiry agent; > > > > > > > (l) any other prescribed person. > > > (2)  A member of the Defence Force of the Commonwealth performing the functions of such a member is not required to hold a licence while carrying out any activity of a commercial agent, a security agent, an inquiry agent, a commercial sub-agent or a security guard. > > > (3)  [*\[Section 41 Subsection (3) inserted by No. 58 of 2005, s. 35, Applied:01 Jan 2006\]*](/view/html/inforce/2006-01-01/act-2005-058#GS35@EN) A police officer is not required to hold an agent licence authorising the operation of a crowd control agency, or an employee licence authorising the undertaking of crowd control activities, while undertaking a crowd control activity in the ordinary performance of his or her functions as a police officer. > > > (4)  [*\[Section 41 Subsection (4) inserted by No. 58 of 2005, s. 35, Applied:01 Jan 2006\]*](/view/html/inforce/2006-01-01/act-2005-058#GS35@EN) A licensee is not required to hold an agent licence authorising the operation of a crowd control agency, or an employee licence authorising the undertaking of crowd control activities – > > > > > > (a) for the purpose of employing a crowd controller to undertake crowd control activities in, or in relation to, the licensed premises; or > > > > > > > (b) while undertaking crowd control activities in the ordinary performance of his or her functions as a licensee. > > > (5)  [*\[Section 41 Subsection (5) inserted by No. 58 of 2005, s. 35, Applied:01 Jan 2006\]*](/view/html/inforce/2006-01-01/act-2005-058#GS35@EN) A crowd controller employed by a licensee to undertake crowd control activities in, or in respect of, the licensed premises is taken to be employed by a crowd control agent while undertaking those activities. > > > (6)  [*\[Section 41 Subsection (6) inserted by No. 9 of 2019, s. 4, Applied:04 Jun 2019\]*](/view/html/inforce/2019-06-04/act-2019-009#GS4@EN) A person is not required to hold a licence authorising the undertaking of security activities under this Act if – > > > > > > (a) the person is employed by a business at which goods are sold or offered for sale from a property that is open to the public while the business is operating; and > > > > > > > (b) the person so employed is undertaking a security activity within the meaning of [section 3B(d)](#GS3B@Hpd@EN) at the property while the business is so operating; and > > > > > > > (c) the person so employed is undertaking that security activity – > > > > > > > > > > (i) in the course of that employment; and > > > > > > > > > > > (ii) in relation to the property at which he or she is employed; and > > > > > > > (d) the security activity that is undertaken is limited to checking a bag in the possession of a person leaving the property; and > > > > > > > (e) the property where the business is operating and at which the security activity is undertaken has, at each entrance to the property, a clearly visible sign stating that allowing a bag to be checked is a condition of entry to the property; and > > > > > > > (f) the security activity is carried out in accordance with a code of conduct issued by the Director under [subsection (8)](#GS41@Gs8@EN) . > > > (7)  [*\[Section 41 Subsection (7) inserted by No. 9 of 2019, s. 4, Applied:04 Jun 2019\]*](/view/html/inforce/2019-06-04/act-2019-009#GS4@EN) For the purposes of [subsection (6)](#GS41@Gs6@EN)  – > > > > > ***bag*** includes the following items: > > > > > > > > (a) a bag; > > > > > > > > > (b) a parcel; > > > > > > > > > (c) a carton; > > > > > > > > > (d) a container; > > > > > > > > > (e) another item that could reasonably be expected to conceal goods. > > > (8)  [*\[Section 41 Subsection (8) inserted by No. 9 of 2019, s. 4, Applied:04 Jun 2019\]*](/view/html/inforce/2019-06-04/act-2019-009#GS4@EN) The Director may issue codes of conduct under [section 38A](#GS38A@EN) in respect of a person, or class of persons, who is exempt under this section from the requirement to hold a licence, as if that person, or class of persons, while so exempt were undertaking operations or activities under a licence.