New South Wales Consolidated Acts

COMMERCIAL AGENTS AND PRIVATE INQUIRY AGENTS ACT 2004 - SECT 5

5 Offence to carry on business without master licence

(1) A person must not carry on business in relation to any commercial agent activity or private inquiry agent activity unless he or she does so in accordance with a master licence for that activity.

Maximum penalty: 1,000 penalty units (in the case of a corporation) or 500 penalty units or imprisonment for 12 months, or both (in the case of an individual).

(2) This section does not apply to any person who is a member of:

(a) a class of persons referred to in Schedule 1, or

(b) a class of persons declared by the regulations to be a class of persons to whom this section does not apply,

in respect of any activity carried out by that person in his or her capacity as a member of that class.

(3) For the purposes of this section, a person carries on business in relation to an activity if, and only if, the person:

(a) carries out that activity for fee or reward, or

(b) represents that he or she is willing to carry out that activity for fee or reward,

otherwise than as the holder of an operator licence for that activity employed with, or seeking employment with, the holder of a master licence for that activity.