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Agency PracticeCertificate Of RegistrationNSWHARD

An assistant agent's certificate expired on Monday. Before it expired she applied for a 12-month extension on exceptional circumstances, and the application is still being assessed. May she keep working this week?

Correct Answer

B) No; she cannot work under an expired certificate while the application is pending.

Section 26AA lets Fair Trading extend a certificate of registration by up to 12 months if exceptional circumstances exist. Fair Trading's extension guidance says that once the certificate expires the holder cannot continue working under it, even if an extension application has been lodged and is being assessed; if approved, the extension is backdated to the old expiry date.

Answer Options
A
Yes; a pending extension application keeps the certificate in force until it is decided.
B
No; she cannot work under an expired certificate while the application is pending.
C
Yes, but only on property management work, as long as her licensee in charge supervises her.
D
Yes, if her licensee in charge directly supervises her until a decision is made.

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