disqualified persons - agency


A person is disqualified under the Property, Stock and Business Agents Act 2002 and not eligible for a licence or certificate of registration if that person:
(a) has a conviction in New South Wales or elsewhere for an offence involving dishonesty that was recorded in the last 10 years, unless the Commissioner for Fair Trading has determined that the offence should be ignored, or
(b) has a conviction that was recorded in the last 5 years for an offence for licence or certificate of registration lending, unless the Commissioner has determined that the offence should be ignored, or
(c) is an undischarged bankrupt or is a director or person concerned in the management of a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed, unless the Commissioner is satisfied that the person took all reasonable steps to avoid the bankruptcy, or
(d) at any time in the 3 years preceding the application for the licence or certificate of registration, was an undischarged bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit, unless the Commissioner is satisfied that the person took all reasonable steps to avoid the bankruptcy, or
(e) at any time in the 3 years preceding the application for the licence or certificate of registration, was concerned in the management of a corporation when the corporation was the subject of a winding up order or when a controller or administrator was appointed, unless the Commissioner is satisfied that the person took all reasonable steps to avoid the liquidation or administration, or
(f) is a mentally incapacitated person, or
(g) is disqualified from holding a licence, certificate of registration or other authority under a corresponding law or is the holder of such a licence, certificate of registration or other authority that is suspended, or
(h) is the holder of a licence, permit or other authority that is suspended under the Fair Trading Act 1987, or
(i) is in partnership with a person who is a disqualified person, or
(j) is for the time being declared to be a disqualified person under Part 12 (Complaints and disciplinary action) of the Property, Stock and Business Agents Act 2002, or
(k) is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed, or
(l) has failed to pay a contribution or levy payable by the person under Part 10 (Compensation Fund) of the Property, Stock and Business Agents Act 2002 and the failure continues, or
(m) has failed to pay an amount due as a debt to the Crown by way of recovery of an amount paid out of the Compensation Fund and the failure continues, or
(n) has failed to pay any monetary penalty payable by the person under Part 12 (Complaints and disciplinary action) of the Property, Stock and Business Agents Act 2002 or has failed to comply with a direction given by the Commissioner under that Part, and the failure continues, or
(o) has failed to provide the Commissioner with an auditor's report that the person is required to provide under the Property, Stock and Business Agents Act 2002 on the audit of the records and documents relating to any money held in a trust account kept by the person under the Act, unless the Commissioner determines that in the circumstances that failure should not disqualify the person, or
(p) is in breach of any provision of the Property, Stock and Business Agents Act 2002 or the regulations.