South Australian Numbered Acts South Australian Numbered ActsSection 8A—delete the section and substitute:
8A—Entitlement to be registered as sales representative
A natural person is entitled to be registered as a sales representative if the
person—
(a)
has—
(i)
the qualifications required by regulation; or
(ii)
subject to the regulations, the qualifications that the
Commissioner considers appropriate; and
(b) has
not—
(i)
been convicted of an indictable offence of dishonesty; or
(ii)
during the period of 10 years preceding the application
for registration, been convicted of a summary offence of dishonesty; and
(c) is
not suspended or disqualified from practising or carrying on an occupation,
trade or business under a law of this State, the Commonwealth, another State
or a Territory of the Commonwealth; and
(d) is a
fit and proper person to be registered as a sales representative.
8B—Entitlement to be registered as sales representative subject to
conditions relating to training and supervision
(1) Despite
section 8A, a natural person who does not have the qualifications
required by that section, but would otherwise be entitled to be registered as
a sales representative, is entitled to be registered as a sales representative
if—
(a) the
registration is made subject to conditions considered appropriate by the
Commissioner relating to training to be undertaken by the person for the
purpose of qualifying for unconditional registration as a sales
representative; and
(b) the
Commissioner does not consider that such registration should be refused
because of previous failure by the applicant to comply with a condition
referred to in paragraph (a).
(2) The Commissioner
may, on application by the person and payment of the prescribed fee, or on the
Commissioner's own initiative, by written notice, vary or revoke conditions of
a person's registration under this section.
(3) An agent who
employs as a sales representative a person registered under this section must
ensure that the person is properly supervised in that employment.
Maximum penalty: $5 000.
(4) Without limiting
the effect of subsection (3), the regulations may provide that a sales
representative will not be taken to be properly supervised for the purposes of
that subsection unless certain practices specified in the regulations are
followed.
(5) The Commissioner
may, by written notice, cancel the registration of a person registered under
this section if the Commissioner is satisfied that the person has, without
reasonable excuse, failed to comply with a condition of the registration.
8C—Entitlement to be registered as auctioneer
A natural person is entitled to be registered as an auctioneer if the
person—
(a) is
registered as an agent or sales representative under this Act; and
(b)
has—
(i)
the qualifications required by regulation; or
(ii)
subject to the regulations, the qualifications that the
Commissioner considers appropriate.
8D—Appeals
(1) An applicant for
registration may appeal to the Court against a decision of the Commissioner
refusing the application.
(2) Subject to
subsection (4), an appeal must be instituted within 1 month of the making
of the decision appealed against.
(3) The Commissioner
must, if so required by the applicant, state in writing the reasons for the
Commissioner's decision to refuse the application.
(4) If the reasons of
the Commissioner are not given in writing at the time of making the decision
and the applicant (within 1 month of the making of the decision) requires the
Commissioner to state the reasons in writing, the time for instituting an
appeal runs from the time at which the applicant receives the written
statement of those reasons.
8E—Power of Commissioner to require photograph and information
The Commissioner may, by notice in writing, require a natural person who is
registered under this Act, within a time fixed by the notice (which may not be
less than 28 days after service of the notice)—
(a) at
least once in every 10 years—
(i)
to attend at a specified place for the purpose of having
the person's photograph taken; or
(ii)
to supply the Commissioner with 1 or more photographs of
the person as specified by the Commissioner; and
(b) not
more than once in each year—to provide the Commissioner with such
evidence as the Commissioner thinks appropriate as to the identity, age and
address of the person.