(1) A person may apply to the
Secretary for a commercial agent licence.
(2) An application for a commercial
agent licence or a renewal of a commercial agent licence is to nominate one of
the following terms of duration for the licence (the
"nominated term" )--
(a) 1 year,
(b) 3 years,
(c) 5 years.
(2A) The
Secretary may grant or renew a commercial agent licence for the nominated term
or, if satisfied that it is in the public interest to do so, a shorter term
than the nominated term.
(2B) If an application for renewal of a licence has
been made but the application is not finally determined by the Secretary
before the expiry of the licence, the licence (if not suspended or sooner
cancelled) continues in force until the application is finally determined.
(2C) If a licence is granted or renewed for a shorter term than the nominated
term, the Secretary is to refund to the applicant the difference between the
fee for the nominated term and the fee for the term that was granted.
(4) For the purpose of applying Part 2 of the Licensing Act to a
commercial agent licence--
(a) the licence may be amended but not transferred
under that Act, and
(b) the references to 2 weeks, 4 weeks and 8 weeks in
section 9 (1) (a), (b) and (c) of that Act are each to be read as references
to 6 weeks, and
(d) an application is not required to be advertised, and
(e)
the reference to 14 days in section 24 (1) of that Act (as to the period
within which changed particulars must be notified) is to be read as a
reference to 7 days, and
(f) the licence may be granted subject to such
conditions as the Secretary thinks fit and the Secretary may subsequently
impose, vary or revoke conditions at any time, and
(g) the licence is subject
to any restriction order made under this Part against the holder of the
licence.
(5) The regulations may make provision for or with respect to such
matters concerning a licence as are relevant to Part 2 of the Licensing Act
including prescribing fees for applications.
