Northern Territory Consolidated Acts

AGENTS LICENSING ACT - SECT 20

(1) A natural person is a fit and proper person for the purposes of section 22, 25 or 39 if the person:

(a) is not a disqualified person as determined in accordance with this section;

(b) is a person whose general reputation in the community (which may include a place outside the Territory) is such that the Board is satisfied that the person will competently, conscientiously and honestly perform the duties of an agent in relation to the person's employees and clients; and

(c) has completed the application for a licence frankly, comprehensively and honestly.

(2) A person is a disqualified person for the purposes of subsection (1)(a) if the person:

(a) has in the 10 years immediately before the person applied for the licence, been found guilty (whether or not in the Territory) of a prescribed offence or an offence that involves dishonesty or violence or is an offence against the Misuse of Drugs Act , the Kava Management Act or a corresponding law declared under subsection (8);

(b) is mentally incapable of performing the duties of an agent;

(c) is disqualified from holding a licence, certificate of registration or other authority under the Consumer Affairs and Fair Trading Act or a corresponding law declared under subsection (8) or is the holder of such a licence, certificate or authority that is suspended;

(d) has, at the time of the application, failed to pay a monetary penalty payable by the person under this Act, the Consumer Affairs and Fair Trading Act or a corresponding law declared under subsection (8) or failed to comply with a direction given by the Board;

(e) has failed to provide the Board with an auditor's report that the person is required to provide under this Act on the audit of the records and documents relating to money held in a trust account kept by the person under this Act; or

(f) is at the time of the application in breach of a provision of this Act or the Regulations that is prescribed by regulation as a disqualifying breach.

(3) The Board may determine that an offence referred to in subsection (2)(a) is not to be taken into account for the purposes of this section:

(a) because of the time that has passed since the offence was committed; or

(b) because the act or omission constituting the offence was trivial.

(4) A person is a disqualified person for the purposes of subsection (1)(a) if the person:

(a) is an undischarged bankrupt or is a director or other person concerned in the management of a company that is the subject of a winding up order or for which a controller or administrator has been appointed;

(b) at any time in the 3 years immediately before the person applied for the licence:

(i) was an undischarged bankrupt;

(ii) applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) compounded with the person's creditors or made an assignment of the person's remuneration for their benefit,

unless the Board is satisfied that the person took all reasonable steps to avoid bankruptcy;

(c) at any time in the 3 years immediately before the person applied for the licence, was concerned in the management of a company:

(i) while it was the subject of a winding-up order; or

(ii) while a controller or administrator was appointed,

unless the Board is satisfied that the person took all reasonable steps to avoid the liquidation or administration; or

(d) is a company that is the subject of a winding-up order or for which a controller or administrator has been appointed.

(5) The Board may determine that a person is not a disqualified person under subsection (4) if the Board is satisfied that the relevant acts or omissions of the person for the purposes of that subsection do not indicate that the person is likely to default on his or her financial or other obligations under this Act.

(6) A person ( the applicant ) is a disqualified person for the purposes of subsection (1)(a) if the person is a partner of a person who is a disqualified person, unless the Board is satisfied that in the circumstances the applicant is unlikely to be influenced by the disqualified person.

(7) The Board may only determine that it is not satisfied as to the matter referred to in subsection (1)(b) having regard to information that is provided both to the Board and to the applicant.

(8) The Minister may, by notice in the Gazette , declare that a law of the Territory, the Commonwealth or a State or another Territory of the Commonwealth is a corresponding law for the purposes of subsection (2)(a), (c) or (d).