Australian Capital Territory Consolidated Acts

AGENTS ACT 2003 - SECT 27

    (1)     A person is disqualified from being licensed if the person—

        (a)     has been convicted, in the ACT or elsewhere, of an offence involving dishonesty; or

Note     A conviction does not include a spent conviction (see Spent Convictions Act 2000 , s 16 (c) (i)).

        (b)     is bankrupt or, at any time in the last 3 years—

              (i)     has been bankrupt; or

              (ii)     has executed a personal insolvency agreement; or

        (c)     at any time in the last 3 years was involved in the management of a corporation when—

              (i)     the corporation became the subject of a winding-up order; or

              (ii)     a controller or administrator was appointed; or

        (d)     has a mental incapacity that may affect the exercise of the person's functions as licensee; or

        (e)     is licensed and has contravened, or is contravening, an order of the ACAT;

        (f)     holds a licence that is suspended;

        (g)     is disqualified by the ACAT from being licensed or registered; or

        (h)     is disqualified under a corresponding law from holding an authority (however described) to be an agent or be an employee of an agent; or

              (i)     holds an authority (however described) under a corresponding law to be an agent or be an employee of an agent that is suspended; or

        (j)     is in partnership with a person disqualified from being licensed or registered; or

        (k)     is a corporation that is the subject of a winding-up order; or

        (l)     is a corporation for which a controller or administrator has been appointed; or

        (m)     is a licensed agent who is applying for a licence or the renewal of a licence and has contravened, or is contravening, a condition of the person's licence; or

        (n)     has contravened, or is contravening, a provision of this Act prescribed by regulation as a disqualifying breach.

    (2)     However, a person is not disqualified from being licensed only because subsection (1) (b) or (c) applies to the person if the commissioner for fair trading is satisfied that the person took all reasonable steps to avoid the bankruptcy, personal insolvency agreement, winding-up or appointment mentioned in the paragraph.

    (3)     Also, a person is not disqualified from being licensed only because the person has contravened, or is contravening, a licence condition if the commissioner for fair trading decides that the contravention should be disregarded for this section.