Northern Territory Consolidated Acts

AGENTS LICENSING ACT - SECT 65

(1) A licensed agent who:

(a) breaches this Act or the regulations, whether or not the licensed agent is found guilty of an offence in respect of the breach;

(b) without the consent of the principal on whose behalf he acts, or has acted, makes use in a manner prejudicial to the interests of the principal of any material or information acquired by the agent in the course of so acting;

(c) fails to perform his duties to his principal or to carry out the lawful instructions of his principal;

(d) fails to exercise due skill, care or diligence in carrying out his duties on behalf of his principal;

(da) fails to exercise due skill, care or diligence when dealing with any person whomsoever in the course of conducting business as an agent;

(e) having an interest in, or being likely to obtain an interest in, a transaction entered into on behalf of his principal, fails to disclose to his principal the exact nature of his interest or of the interest that he is likely to obtain;

(f) fails to make to his principal a full disclosure of all material facts and circumstances and of everything known to the licensed agent regarding the matter in respect of which he is authorised to act as agent;

(g) fails to inform his principal that, in the opinion of the licensed agent, a price or other consideration that the principal is prepared to accept on the sale of any property may be less than the fair market value of the property;

(h) without the consent of the principal on whose behalf he acts or has acted, discloses, except where required to do so in pursuance of a law of the Territory, information relating to the affairs of the principal obtained by the licensed agent while so acting;

(i) publishes, or causes to be published an advertisement or other statement that he is authorised to sell, or otherwise deal with, property which he is not authorised to so sell or deal with, by instrument in writing under the hand of the owner;

(j) publishes, or causes to be published an advertisement or other statement that is false, misleading or likely to deceive a person;

(k) accepts or demands a fee or other payment from a person other than his principal in respect of a service performed or to be performed by the licensed agent, being a service in respect of which he has received payment, or is entitled to receive payment from his principal;

(m) without the consent in writing of the principal on whose behalf he acts, publishes, or causes to be published an advertisement or other statement that he is authorised to sell property at a price higher than or lower than the price authorised by the principal; or

(n) contravenes or fails to comply with a rule prescribed by the Regulations for the purposes of this section,

is guilty of a breach of the rules of conduct for agents.

(2) A licensed agent who attempts to do an act the doing of which would be a breach of the rules of conduct for agents, or agents of a class of which he is one, is guilty of a breach of the rules of conduct for agents.

(3) Where a licensed agent who carries on business as a member of a firm contravenes or fails to comply with a provision of Part V, each licensed agent who is a member of the firm shall be deemed to be guilty of the contravention of, or failure to comply with, that provision.

(4) Where:

(a) a company or firm is a licensed agent acting on behalf of a principal; and

(b) a director or employee of the company or firm does an act, or fails to do an act, or attempts to do an act, the doing of, or the failure to do, which would, if the director or employee were a licensed agent, make the director or employee guilty of a breach of the rules of conduct for agents,

the company shall be deemed to be guilty of a breach of the rules of conduct for agents.