New South Wales Consolidated Regulations

PROPERTY, STOCK AND BUSINESS AGENTS REGULATION 2003 - REG 6

6 Section 31 exemptions-person in charge at place of business

(1) The following matters are to be taken into account by the Director-General in considering whether to grant an exemption from a provision of section 31 (1), (2) or (3) of the Act that will authorise a licensee to be the person in charge of business ( "the licensee-in-charge") at more than one place of business:

(a) reasons why the exemption is needed,

(b) the licensee’s previous experience as licensee-in-charge at a place of business of a licensee,

(c) the licensee’s capacity to properly supervise the conduct of business at more than one place of business,

(d) office systems proposed to be established at each place of business concerned to provide for accountability to the licensee-in-charge at each of those places of business,

(e) proposed staffing and office management arrangements at each place of business concerned,

(f) whether there is a centralised trust account for the deposit of trust money received in connection with the businesses for which the licensee will be licensee-in-charge pursuant to the exemption,

(g) the licensee’s capacity to comply with any guidelines issued by the Director-General under section 32 (4) of the Act,

(h) the licensee’s record in relation to compliance with the conditions of a licence or certificate of registration held at any time by the licensee under the Act or the 1941 Act, and in relation to compliance with the provisions of the Act, the 1941 Act and the regulations under those Acts,

(i) employer references in relation to the licensee’s experience as a licensee-in-charge.

(2) The following matters are to be taken into account by the Director-General in considering whether to grant an exemption from a provision of section 31 (4) of the Act that will authorise a licensee employed as the person in charge of business ( "the licensee-in-charge") at a place of business to exercise functions or provide services on behalf of 2 or more licensees at that place:

(a) reasons why the exemption is needed,

(b) the licensee’s previous experience as licensee-in-charge at a place of business of a licensee,

(c) the licensee’s capacity to properly supervise the conduct of business of more than one licensee,

(d) fiduciary safeguards and office systems proposed to be established to provide for accountability to the licensee-in-charge,

(e) whether separate trust accounts are in place for the deposit of trust money received in connection with the business of each licensee for whom the licensee proposes to act pursuant to the exemption,

(f) the licensee’s capacity to comply with any guidelines issued by the Director-General under section 32 (4) of the Act,

(g) the licensee’s record in relation to compliance with the conditions of a licence or certificate of registration held at any time by the licensee under the Act or the 1941 Act, and in relation to compliance with the provisions of the Act, the 1941 Act and the regulations under those Acts,

(h) employer references in relation to the licensee’s experience as a licensee-in-charge.

(3) In this clause:
"1941 Act" means the Property, Stock and Business Agents Act 1941 .