Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A licensed agent commits an offence if—
(a) the licensed agent—
(i) enters into an agreement or arrangement with an unlicensed person; or
(ii) acts with an unlicensed person; and
(b) the unlicensed person is not a registered salesperson; and
(c) the unlicensed person would, apart from this section, be entitled to a share of the commission, fee or reward payable to the licensed agent for the provision of a service for which the licensed agent is required to be licensed.
Maximum penalty: 50 penalty units.
(2) An offence against subsection (1) is a strict liability offence.
(3) This section does not apply in relation to an agreement, arrangement or action by a licensed agent with a partner of the agent who does not carry on business as an agent.
(4) An agreement or arrangement mentioned in subsection (1) is void so far as it purports to provide an entitlement mentioned in subsection (1) (c).
(5) A person is not entitled to bring a proceeding to recover a commission, fee or reward for a service provided by the person if, in providing the service, the person contravened subsection (1).
(6) Subsections (4) and (5) apply whether or not anyone has been convicted of an offence against subsection (1).
(7) A provision in, or applying to, an agreement that purports to exclude or change the operation of this section is void.
(8) In this section:
"unlicensed person" means a person who—
(a) is not licensed under this Act; and
(b) either—
(i) does not hold an authority (however described) under a corresponding law to be an agent or an employee of an agent; or
(ii) holds an authority mentioned in subparagraph (i) that is suspended.