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LAND AGENTS ACT 1994 - SECT 8

LAND AGENTS ACT 1994 - SECT 8

8—Entitlement to be registered as agent

        (1)         A natural person is entitled to be registered as an agent if the person—

            (a)         has—

                  (i)         the qualifications required by regulation; or

                  (ii)         subject to the regulations, the qualifications that the Commissioner considers appropriate; and

            (b)         has not—

                  (i)         been convicted of an indictable offence of dishonesty; or

                  (ii)         during the period of 10 years preceding the application for registration, been convicted of a summary offence of dishonesty; and

            (c)         is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and

            (d)         is not an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and

            (e)         has not, during the period of five years preceding the application for registration, been a director of a body corporate wound up for the benefit of creditors—

                  (i)         when the body was being so wound up; or

                  (ii)         within the period of six months preceding the commencement of the winding up; and

            (f)         is a fit and proper person to be registered as an agent.

        (2)         A body corporate is entitled to be registered as an agent if—

            (a)         the body corporate—

                  (i)         is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and

                  (ii)         is not being wound up and is not under official management or in receivership; and

            (b)         no director of the body corporate—

                  (i)         has—

                        (A)         been convicted of an indictable offence of dishonesty; or

                        (B)         during the period of 10 years preceding the application for registration, been convicted of a summary offence of dishonesty; or

                  (ii)         is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; or

                  (iii)         has, during the period of five years preceding the application for registration, been a director of a body corporate wound up for the benefit of creditors—

                        (A)         when the body was being so wound up; or

                        (B)         within the period of six months preceding the commencement of the winding up; and

            (c)         each director of the body corporate is a fit and proper person to be the director of a body that is registered as an agent.