Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person is disqualified from being registered 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) has a mental incapacity that may affect the exercise of the person's functions as a registered salesperson; or
(d) is registered and has contravened, or is contravening, an order of the ACAT;
(e) holds a registration that is suspended;
(f) is disqualified by the ACAT from being licensed or registered; or
(g) is disqualified under a corresponding law from holding an authority (however described) to be an agent or an employee of an agent; or
(h) holds an authority (however described) under a corresponding law to be an agent or an employee of an agent that is suspended; or
(i) is a registered salesperson who is applying for another kind of registration and has contravened, or is contravening, a condition of the person's registration; or
(j) 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 registered only because subsection (1) (b) applies to the person if the commissioner for fair trading is satisfied that the person took all reasonable steps to avoid the bankruptcy or personal insolvency agreement mentioned in the paragraph.
(3) Also, a person is not disqualified from being registered only because the person has contravened, or is contravening, a registration condition if the commissioner for fair trading decides that the contravention should be disregarded for this section.