Northern Territory Consolidated Acts

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COMMERCIAL AND PRIVATE AGENTS LICENSING ACT - SECT 11

Grounds for refusing to grant licence to natural person

11. Grounds for refusing to grant licence to natural person

(1) The Commissioner must refuse to grant a licence on an application made by a natural person if -

(a) the applicant is less than 18 years of age;

(b) the applicant is disqualified under section 17P from holding a licence;

(c) the applicant is taking the benefit of a law for the relief of bankrupt or insolvent debtors or is a person whose remuneration is being assigned for the benefit of creditors;

(d) the applicant fails to comply with a request of the Commissioner under section 8;

(e) the applicant does not comply with the prescribed qualifications or other prescribed requirements, if any;

(f) in the opinion of the Commissioner, the applicant is not likely to carry on the business as agent the subject of the application honestly and fairly;

(g) in the opinion of the Commissioner, the applicant is in any other way not a fit and proper person to hold a licence; or

(h) in the opinion of the Commissioner, a person with whom it appears the applicant would, if granted the licence, carry on the business as an agent in partnership is a person to whom the Commissioner would, if that person were the applicant, refuse to grant the licence.

(2) Without limiting subsection (1)(f) and (g), in determining whether an applicant is a fit and proper person to hold a licence, the Commissioner must have regard to whether the applicant -

(a) has, during the period of 10 years immediately before the date the applicant made his or her application, been found guilty of or served a part of a term of imprisonment for an offence (wherever committed) involving fraud, dishonesty or physical violence;

(b) was, at the time the application was made, either the subject of a charge in relation to such an offence or bound in relation to such an offence by a recognisance; or

(c) has at any time been found guilty of an offence against this Act, the Regulations or any other enactment administered by the Minister.



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