ESTATE AGENTS ACT 1980 - SECT 31B Bankrupt person may be allowed limited right to hold licence etc.

ESTATE AGENTS ACT 1980 - SECT 31B

    (1)     This section applies to a person who is an insolvent under administration.

S. 31B(2) amended by No. 52/1998 s. 84(1).

    (2)     The person may apply to the Authority for permission to hold an estate agent's licence as an employee or to be employed as an agent's representative.

S. 31B(2A) inserted by No. 8/2003 s. 50.

    (2A)     An application under this section must—

        (a)     be in the form approved by the Authority; and

        (b)     contain the information required by the Authority; and

        (c)     be accompanied by the documents required by the Authority; and

        (d)     be accompanied by the prescribed fee (if any).

S. 31B(2B) inserted by No. 8/2003 s. 50.

    (2B)     In considering an application under this section, the Authority may—

        (a)     conduct any inquiries it thinks fit;

        (b)     require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

        (c)     seek advice and information on the application from any other person or body as it thinks fit.

S. 31B(2C) inserted by No. 8/2003 s. 50.

    (2C)     The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

S. 31B(3) amended by No. 52/1998 s. 84(1).

    (3)     The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so.

    (4)     Section 14(5)(d) does not apply to a person in respect of whom permission has been given.

    (5)     A person in respect of whom permission has been given is eligible to act as an agent's representative, despite section 16(1)(d).

    (6)     A person to whom permission has been given and who is an insolvent under administration must not act as the officer in effective control of any estate agency business.

Penalty:     25 penalty units.

S. 31C inserted by No. 86/1994 s. 20.