New South Wales Consolidated Acts

PROPERTY, STOCK AND BUSINESS AGENTS ACT 2002 - SECT 53B

53B Undertakings by licensee

(1) Where it appears to the Director-General that a licensee has, in the course of carrying on business as a licensee, repeatedly engaged in unjust conduct, the Director-General may, with the consent of the Minister:

(a) request the licensee to execute a deed in terms approved by the Director-General whereby the licensee gives undertakings as to:

(i) the discontinuance of the unjust conduct, and

(ii) the licensee’s future conduct, and

(iii) the action the licensee will take to rectify the consequences of the licensee’s unjust conduct, or

(b) apply to the Tribunal for an order under section 53D.

(2) Where the Director-General makes a request or application under subsection (1), it is to be presumed, unless the contrary is proved, that the Director-General does so with the consent of the Minister.

(3) Where a licensee executes a deed under this Division and observes the undertakings given in the deed, the Director-General may not apply for an order under section 53D by reason of any conduct to which the undertakings relate.