Australian Capital Territory Consolidated Acts

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AGENTS ACT 2003 - SECT 74

Duty to notify failures to account

    (1)     A licensed agent commits an offence if the agent

        (a)     finds out that there has been a failure to account by an employee; and

        (b)     does not tell the commissioner for fair trading about the failure within 5 business days after the day the agent finds out about it.

Maximum penalty: 50 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     In this section:

"employee", of a licensed agent, includes a person who performs services for the agent on contract.

Note     At common law, a licensed agent is responsible, in tort and contract, for acts or omissions of the agent's employees within the scope of the employee's authority or for the benefit, or purported or intended benefit, of the agent or agent's business.



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