Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The following persons are exempted from the requirement to hold an agent licence:
(a) a person acting in good faith in an office created by an Act of the Commonwealth or of this State or any other State or a Territory of the Commonwealth while carrying out any activity of a commercial agent or an inquiry agent;
(b) a person acting in good faith in an office under the Crown in the right of the Commonwealth or of this State or any other State or a Territory of the Commonwealth while carrying out any activity of a commercial agent or an inquiry agent;
(c) an Australian legal practitioner acting in the ordinary course of his or her profession, or a clerk employed by an Australian legal practitioner acting in the ordinary course of that employment, while carrying out any activity of a commercial agent or an inquiry agent;
(d) a member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants acting in the ordinary course of his or her profession while carrying out any activity of a commercial agent or an inquiry agent;
(e) a trustee company, a building society, a friendly society, or a person carrying on the business of insurance, insurance broking or banking, acting in the ordinary course of that business, or an employee of such a company, society or person acting in the ordinary course of that employment, while carrying out any activity of a commercial agent or an inquiry agent;
(f) a person employed by the holder of a licence to perform clerical or secretarial functions acting in the ordinary course of that employment while carrying out any activity of a commercial agent or an inquiry agent;
(g) a person employed by a commercial agent for the purpose of debt collection by telephone acting in the ordinary course of that employment;
(h) a person employed by a person who is not a commercial agent acting in the ordinary course of that employment;
(i) a real estate agent, within the meaning of the Property Agents and Land Transactions Act 2005, acting in the ordinary course of that employment while carrying out any activity of a commercial agent or an inquiry agent;
(j) a member of the Australasian Institute of Chartered Loss Adjusters acting in the ordinary course of his or her profession while carrying out any activity of a commercial agent or an inquiry agent;
(k) an employee of a holding company or the subsidiary of a holding company acting as a commercial agent for another company that is related to the first-mentioned company in the course of that employment while carrying out any activity of a commercial agent or an inquiry agent;
(l) any other prescribed person.
(2) A member of the Defence Force of the Commonwealth performing the functions of such a member is not required to hold a licence while carrying out any activity of a commercial agent, a security agent, an inquiry agent, a commercial sub-agent or a security guard.
(3) A police officer is not required to hold an agent licence authorising the operation of a crowd control agency, or an employee licence authorising the undertaking of crowd control activities, while undertaking a crowd control activity in the ordinary performance of his or her functions as a police officer.
(4) A licensee is not required to hold an agent licence authorising the operation of a crowd control agency, or an employee licence authorising the undertaking of crowd control activities –
(a) for the purpose of employing a crowd controller to undertake crowd control activities in, or in relation to, the licensed premises; or
(b) while undertaking crowd control activities in the ordinary performance of his or her functions as a licensee.
(5) A crowd controller employed by a licensee to undertake crowd control activities in, or in respect of, the licensed premises is taken to be employed by a crowd control agent while undertaking those activities.