South Australian Consolidated Acts South Australian Consolidated Acts43—Cause for disciplinary action against agents or sales representatives
(1) There is proper
cause for disciplinary action against an agent or sales representative
if—
(a) any
registration of the person under this Act was improperly obtained; or
(b) the
person has acted contrary to an assurance accepted by the Commissioner under
the Fair Trading Act 1987 ; or
(c) the
person has acted contrary to this Act or the Land and Business
(Sale and Conveyancing) Act 1994 or otherwise unlawfully, improperly,
negligently or unfairly; or
(d) in
the case of an agent who has been employed or engaged to manage and supervise
an incorporated agent's business or an agent's place of business, the agent or
any other person has acted unlawfully, improperly, negligently or unfairly in
the course of managing or supervising, or being employed or otherwise engaged
in or at that business or place of business; or
(e)
events have occurred such that the person would not be entitled to be
registered as an agent or sales representative if the person were to apply for
registration.
(2) Disciplinary
action may be taken against each director of a body corporate that is an agent
if there is proper cause for disciplinary action against the body corporate.
(3) Disciplinary
action may not be taken against a person in relation to the act or default of
another if that person could not reasonably be expected to have prevented the
act or default.
(4) This section
applies in relation to conduct occurring before or after the commencement of
this Act.