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Agency PracticeLicensee In ChargeNSWHARD

Nadia is the class 1 licensee in charge for a corporation licensee. An unrelated agency, which is not in partnership with her employer, asks her to be its licensee in charge as well. Leaving aside any exemption from the Secretary, may she?

Correct Answer

C) No; she cannot act for two licensees unless they are in partnership.

Section 31(4) of the Property and Stock Agents Act 2002 says a class 1 licensee employed to be in charge of a business must not exercise functions or provide services for 2 or more licensees unless those licensees are in partnership. Only the Secretary can exempt someone from this rule, under s 31(5).

Answer Options
A
Yes, if both offices are within 50 kilometres of each other.
B
Yes, provided each agency notifies Fair Trading within 5 business days.
C
No; she cannot act for two licensees unless they are in partnership.
D
Yes, if the two agencies work in different categories, such as sales and strata.

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