A licensee lets an unlicensed friend use her licence number on flyers so the friend can run open homes. If the licensee is convicted under s 13 of the Property and Stock Agents Act 2002, what must the court do?
Correct Answer
A) Order the cancellation of her licence, in addition to any penalty it imposes.
Section 13 of the Act prohibits the holder of a licence or certificate from transferring, lending or letting it out, or permitting anyone else to use it, with a maximum penalty of 100 penalty units. Section 13(2) says a court that convicts a person of this offence is to order cancellation of the licence, which takes effect when the order is made.
Why This Is the Correct Answer
Cancellation is mandatory on conviction under s 13(2).
Why the Other Options Are Wrong
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