Business Agents Act 1935 (NSW)

BUSINESS AGENTS ACT.

Act No. 7, 1935.

An Act to provide for the licensing of business agents and their subagents; and for pur­ poses connected therewith. [Assented to, 5th March, 1935.J

BE it enacted b y the King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with t he advice and consent of the Legis­	Wales in Par l iament assembled, and by the au thor i ty of
the same, as follows :—

1. (1) This Act may be cited as the " Business Agents

Act, 1935 . "
(2) This Act shall commence on a day to be fixed

by the Governor and notified by proclamat ion published
in the Gazette.

2. I n th is Act unless the context or subject-matter otherwise indicates or r equ i res—

" Auct ioneer " means a pe r son holding a license under the Auc t ionee r s ' Licensing Act, 1898, as amended by subsequent Acts .

" Business agent " means any person (whether or not he car r ies on any other business) who exer­ cises or car r ies on or adver t i ses or notifies or s ta tes t h a t he exercises or carr ies on or t h a t he is "willing to exercise or c a r r y on in New South Wales or in any way holds himself out to the public as r eady to under take any of the following functions, namely:—

businesses, s torekeeping businesses, manufac tur ­ ing businesses, or any t r ad ing businesses what ­ soever or any share or in teres t in or concerning or

(a)	selling, buying or exchanging or other­ wise deal ing wi th or disposing of; or
(b)	negotiating for the sale, purchase or exchange or any other deal ing with or
disposit ion of—

hotel businesses, res ident ia ls , boarding-house

or the goodwill of or any stocks connected wi th any of such businesses on. behalf of any other person or for or in considerat ion of any pay­ ment or other remunera t ion (whether mone ta ry

or	o therwise) .
" B u s i n e s s agen t ' s license " means a valid and	unex­

pi red business agen t ' s license or renewed license
issued under th is Act.

" License " means a business agen t ' s license or renewed license or a subagen t ' s license (as the case may be ) .

" Licensed business agent " means the holder of a business agen t ' s license and includes a corpora­ t ion by which or on behalf of which such a license is held.

" Licensed subagent " means the holder of a sub-

a g e n t ' s license.

" Prescr ibed " means prescr ibed by this Act or t he

regulat ions.

" R e c o r d " means any record requi red to be kep t under this Act.

" Regis tered office " means—

(a)	the place of business of a licensed business
a g e n t ; or
(b)	the principal office of a corporation being a licensed business agent ,

which is for the t ime being entered in the regis­

t e r in respect of any such business agent .

" Regulat ions " means regula t ions made under th i s

Act.

" Subagent " means any person in the direct employ business agent who per fo rms for such business

of or ac t ing for or by a r r angemen t wi th a

agent any of the functions of a business agen t as defined by this Act whether his r emunera t ion be by way of salary, wages, commission or o therwise ; and, where the business agent is a corporat ion, includes any member of the cor­ pora t ion who per forms for such corpora t ion any of the said functions (and whether or not he is r emunera ted as aforesaid) other than a member of the corporat ion who takes out a business agen t ' s license on behalf of the corporat ion.

' ' Subagen t ' s

" Subagen t ' s license " means a valid and unexpired subagen t ' s license issued under th is Act.

" Trus tee company " means an incorporated com­

p a n y author ised by Act of P a r l i a m e n t of th is

S ta te , to act as t rus tee in New South Wales .

3. (1) This Act shall not be construed as requi r ing—

(a)	any responsible Minister of the Crown whether a Minis ter of the S ta t e of New South Wales or
of the Commonwealth of A u s t r a l i a ; or
(b)	any Government Department of the said State or Commonwealth (including the Rura l Bank of New South Wales and any s t a tu to ry corpora t ion
represen t ing the C r o w n ) ; or
(c)	the Municipal Council of Sydney or any council within the meaning of the Local Government Act, 1919; or
(d)	any public statutory authority specified by the
r egu la t ions ; or
(e)	any officer or employee of the Crown or of any such Minister , Depar tment , corporat ion, council or au thor i ty in the exercise of his functions a s such officer or employee,

to hold a license unde r this Act.

(2) Nothing in this Act shall be construed—

(a)	as	requ i r ing—
(i) the Public Trustee or any executor, admin is t ra to r , t rus tee , l iquidator, official receiver, mas t e r in equity or in lunacy, t rus tee or assignee of a bankrupt , t rus tee of an ass ignment for the benefit of credi tors , mor tgagee , committee of a

lunat ic or receiver, for the purpose of
pe r fo rming his functions, exercising his powers or ca r ry ing out his dut ies as such; or
(ii)	any person for the purposes of any sale
made of Crown lands or other Crown p r o p e r t y or for the purposes of any sale of any p r o p e r t y made by v i r tue of any wr i t or process issued out of any Cour t or made in obedience to any process issued by any Court or judge or just ice for the recovery of any fine, pena l ty or award ,

or

or under any rule, o rder or decree of any competent Cour t or made pu r suan t to the Impound ing Act, 1898; or

(iii)   any licensed auctioneer (but so far only as he sells by auction under the Auc­ t ionee r s ' Licensing Act, 1898, as amended

by subsequent Ac t s ) ,

to hold a license unde r th is A c t :

P rov ided tha t no twi ths tanding any th ing in

th i s p a r a g r a p h it shall not be lawful for any

executor , admin i s t r a to r or t rus tee (other than the Public Trus tee or a t rus tee company) of the es ta te of a deceased business agen t to exercise or ca r ry on the business of the business agent as such executor, admin i s t ra to r or t rus tee at any t ime after the expirat ion of twelve months after the death of the business agent unless such executor, admin i s t r a to r or t rus tee holds a busi­ ness agen t ' s license under this Ac t ; or

(b) as prohibi t ing—

(i)   any person for the time being entitled to pract ise as a ba r r i s t e r or solicitor from per forming any function exercising any power or ca r ry ing out any duty which if this Act had not passed he might lawfully have performed, exercised or car r ied out

as such ba r r i s t e r or solici tor; or

(ii)   any person (not being a business agent or a subagent) from per forming any func­ tion exercising any power or ca r ry ing out any duty which if this Act had not passed

he would have been entit led to per form, exercise or ca r ry out under the express

au thor i ty or permission of any Ac t ; or

(c)	as rendering any such person liable to any pro­ ceedings or to any penal ty for per forming any such function or exercising any such power or
ca r ry ing out any such d u t y ; or
(d)	(without affecting the generality of the fore­

going provisions of this subsection) as requi r ing any t rus tee company to hold a license under this Act or otherwise comply with i ts provisions in respect of any business lawfully carr ied on by

such t rus tee company. (3)

(3) Notwi ths tanding anyth ing in this Act, where a t least two members of a p a r t n e r s h i p firm a re duly licensed as business agents , any other member of the firm who produces evidence sa t is fac tory to the Minis ter t h a t such member is of good charac ter m a y be g ran ted a certificate in the prescr ibed form exempt ing him from any provis ions of this Act which render him liable to a penal ty for exercising or ca r ry ing on the business of a business agent, or for act ing as a business agent, or in any way holding himself out as r eady to under take any of the functions of a business agen t without being the holder of a business a g e n t ' s license, but such member of the firm shall be subject to all o ther provisions of th i s Act and any certificate so g r an t ed may be revoked by the Minis ter a t any t ime and shall thereupon cease to have any fu r the r force, operat ion or effect.

(4) The Governor m a y by regula t ions—

(a)	exempt to the extent prescribed any class of pe rsons from the opera t ion of this Ac t ; and
(b)	specify what provisions (if any) of this Act and the regula t ions are , wi th such modifications a s a r e necessary or seem desirable, to apply to any class of persons so exempted.

(5) Noth ing in this Act shall be construed as reliev­ ing any person from the obligation to take out a license f rom any Depar tmen t of the Government or under a n y Act (other than th is Act) for the per formance of any function the exercise of any power or the ca r ry ing out of any duty for which a license would have been

fees payable in respect of any such license. requi red if this Act had not been passed or to pay the

4. (1) Subject to this Act from and after the expira­ tion of three months af ter the commencement of this Ac t no person (ei ther by himself or as a member of a pa r tne r ­ ship) unless he is the holder of a business agen t ' s license—

(a) shall exercise or carry on or advertise notify or s ta te tha t he exercises or car r ies on or is will ing to exercise or ca r ry on the business of or shall act as a business agen t ; or

(b)

(b) shall in any way hold himself out to the public as ready to under take for payment or other remunera t ion (whether mone ta ry or otherwise) any of the functions of a business agent .

(2) Any person who commits any contravent ion of o r fails to comply with any of the provisions of this section shall be liable to a penal ty of not more than one hundred pounds or to impr isonment for a t e r m of not more than twelve months , or to both.

5. W h e r e a corpora t ion carr ies on the business of business agents it shall be sufficient if some person appo in ted in wr i t ing by the corpora t ion takes out a business a g e n t ' s license on its behalf, bu t no person shall be eligible to take out business a g e n t s ' licenses on behalf of more t han one corporat ion.

6. (1) A business agen t ' s license shall be ei ther—

(a)	a general license which shall be in force for all
p a r t s of New South W a l e s ; or
(b)	a district license which shall be in force for the police distr ict only for which the same is taken out.

(2) No person shall act as a business agent in the

met ropol i tan , P a r r a m a t t a or Ryde police dis t r ic ts unless

he has taken out a general license.

(3) A license shall be in the form prescr ibed and shall set for th the name and place of abode of the person tak ing out the same.

(4) A license, unless sooner cancelled, shall be in force for twelve months from the da te of i ts issue.

A license may be renewed, and on each renewal shall take effect for a fur ther period of twelve months .

(1) E v e r y person who desires to obtain a license or

renewal of license shall make applicat ion in the prescribed
form.

7.

(2) An applicat ion for a subagen t ' s license shall be accompanied by a certificate of the good charac ter of the appl icant signed by six respectable householders res ident in New South Wales .

(3) W h e r e the appl icant resides in New South Wales the appl icat ion shall be lodged with the clerk of the court of the pe t ty sessions dis t r ic t within which the appl icant proposes to ca r ry on business or if there is

more

more than one such court then with the clerk of the cour t within such dis t r ic t neares t to the place where the appli­ cant proposes to ca r ry on business.

(4) W h e r e the appl icant resides out of New South Wales the appl icat ion shall be lodged with the clerk of any court of pe t ty sessions.

(5) Upon the receipt of an appl icat ion for t h e g r a n t or the renewal of a license under this Act the clerk shall for thwith notify the officer in charge of police a t the neares t police s ta t ion who shall inquire into and repor t upon the charac ter of the applicant .

(6) Upon the hea r ing of an appl icat ion for a new license the appl icant shall a t t end in pe r son ; upon t h e hea r ing of an applicat ion for the renewal of a license, the appl icant shall not be so required to a t tend unless notified by the clerk of the court tha t the g r a n t of his appl icat ion will be objected to.

The notice shall set out short ly the n a t u r e of t h e objection proposed to be made.

(7) No applicat ion shall be h e a r d until af ter t h e

expira t ion of seven days af ter the lodging of the appli­
cation.

(8) No applicat ion shall be hea rd except by a cour t of pe t ty sessions holden before a s t ipendiary or police mag i s t r a t e .

(9) E v e r y applicat ion shall be hea rd in open court, and the considerat ion of the applicat ion shall be deemed to be a judicial proceeding.

(10) I t shall be the du ty of the court to refuse t h e g r a n t or the renewal of a license to any appl icant who is

of bad or doubtful charac ter .

(11) W h e r e the court g r an t s an appl icat ion for a

license or renewal of a license the clerk of the court shall, on payment to him of the prescr ibed annual fee and when the fidelity bond refer red to in this subsection has been lodged and is still subsist ing, issue; the license.

The fidelity bond shall be a bond in the prescr ibed fo rm in the penal sum of five hundred pounds, or, in the case of a corporat ion, one thousand pounds, from some insurance company or sure ty approved for the purpose by the

Minis ter

Minis ter conditioned for duly accounting to the persons ent i t led there to for any t ru s t funds received by the business agent in the course of his business as such.

(12) I n any case where sa t is factory proof has been given of the loss or dest ruct ion of the original , a s t ipendiary or police mag i s t r a t e may order the issue of a dupl ica te license subject to payment of the prescr ibed fee.

8 . (1) The court of pe t ty sessions for the pe t ty ses­ sions dis t r ic t within which the place where the appl icant ca r r i e s on business is s i tuated may (by indorsement upon the license) upon applicat ion made to the clerk of such cour t in the prescr ibed form for the t r ans fe r of a business

a g e n t ' s	l icense—
(a)	by a licensed business agent or the legal personal representa t ive of a deceased licensed business agent or the official receiver, t rus tee or assignee of a bankrup t or an insolvent licensed business agent who is bankrup t or who has assigned his es ta te for the benefit of his c red i to rs—gran t a t r ans fe r of the license to any person approved by the court in tha t behalf; or
(b)	on behalf of a corporation—grant a transfer of the license from the person holding the same on behalf of the corpora t ion to any other person to hold the same on its behalf:

P rov ided that a business agen t ' s license g ran ted to an individual person on his own behalf shall not be t r ans ­ ferable to a corporat ion or to any person on behalf of a corpora t ion , and a business agen t ' s license g ran ted to a

shall not be t ransferable to any individual person on his	corporat ion or to any person on behalf of a corporat ion
own behalf.

(2) E v e r y such applicat ion for the t r ans fe r of a

business agen t ' s license shall be lodged with the clerk of pe t ty sessions for such court and objections to such appl icat ion may be received and the appl icat ion and objections (if any) shall be heard and determined as far a s may be in all respects as if the applicat ion were an appl icat ion for the g ran t of such a l icense; but no t r ans fe r of such a license shall be of any force or effect unless a n d unti l the license is indorsed as aforesaid and the fee

for

for the t r ans fe r is pa id and unless and unt i l a fidelity bond of the n a t u r e re fe r red to in subsection eleven of section seven of this Act re la t ing to the t ransferee h a s been lodged with the clerk of pe t ty sess ions :

P rov ided tha t no such bond shall be requi red in the case of a t r ans fe r of the license to a person to hold the same on behalf of a corpora t ion in respect of which a bond has been lodged and is still subsist ing.

(3) Upon receipt of an appl icat ion for the t r ans fe r of a business agen t ' s license the clerk shall for thwith notify the officer in charge of police at the neares t police s ta t ion who shall inquire into and repor t upon the charac­ te r of the proposed t rans fe ree of the license.

(4) I t shall be the du ty of the court to refuse the t r ans fe r of a business a g e n t ' s license to any person who is of bad or doubtful character .

(5) The clerk of the court shall in the prescr ibed manner notify the t r ans fe r of a license to the R e g i s t r a r General who shall note such t rans fe r in the regis ter kept by him.

9. The following fees shall be payable under this

A c t : — (a) F o r each business a g e n t ' s general license or

renewal thereof to an individual pe r son—Two

pounds .

(b) F o r each business agen t ' s d is t r ic t license or

renewal thereof to an individual person—

One pound.

(c) F o r each business a g e n t ' s genera l license or

renewal thereof to a corpora t ion or to a pe r son

holding the same on behalf of a corporat ion—

Two pounds .

(d) F o r each business a g e n t ' s d is t r ic t license or renewal thereof to a corpora t ion or to a pe r son holding the same on behalf of a corpora t ion— One pound.

(e) F o r each subagen t ' s license or renewal thereof

—Five shillings.

(f)	F o r the t r ans fe r of a business agen t ' s l icense— Ten shillings.
(g) F o r any duplicate l icense—Five	shi l l ings:

P rov ided

Prov ided tha t in the case of a person who is the holder of a license under the Auc t ioneers ' Licensing Act, 1898, as amended by subsequent Acts , the following provis ions shall have effect:—

(i)   Where such person is the holder of an auc­ t ioneer ' s genera l license no fee shall be payable for the issue of any license or renewal thereof unde r th is Act.

(ii) Where such person is the holder of an auc­

t ioneer ' s dis tr ict license no fee shall be payable for the issue of a business agen t ' s dis t r ic t license or a subagen t ' s license or renewal thereof under this Act.

10.      (1) W h e n the Governor is satisfied t ha t in any

S t a t e of the Commonwealth of Aus t ra l i a (other than New South Wales) an Act is in force under which any person resident in New South Wales and holding a general business agen t ' s license under this Act, m a y obta in a license to follow the occupation of a business agent in all p a r t s of such other S ta te , the Governor may by notification published in the Gazette declare t ha t on and af ter a da te to be specified in the notification, and while the notification remains in force, this Act shall extend and app ly to the g ran t ing in New South Wales of genera l licenses to res idents in such other S ta te .

(2) The Governor may, if he thinks fit, revoke

a n y such notification.

(3) The power to g r a n t licenses to persons resi­

den t in a reciprocat ing S ta te shall also extend to the

g r a n t i n g	of licenses to persons	res ident	in	the	F e d e r a l
T e r r i t o r y	for	the	Sea t	of	Government .

F o r the purpose of giving effect to this provision the expression " S t a t e of the Commonwealth of Aus t ra l i a (other than New South W a l e s ) " in subsection one of this section and the expression " S t a t e of the Commonwealth of A u s t r a l i a " in section eleven shall be deemed to include the said Te r r i to ry , and any ordinance for the t ime being in force in the said Te r r i t o ry re la t ing to the licensing of business agents shall be deemed to be an Act in force in

the said Ter r i to ry .
11. (1) A business agen t ' s license shall, in the case

of a res ident in any S ta te of the Commonwealth of Aus­ t r a l i a with respect to which a notification as aforesaid is in force, be g ran ted only to such res ident if he holds a license to follow the occupation of a business agent in

all p a r t s of tha t S ta te .

(2) A dis t r ic t license shall not in any case be
g ran ted to any person res ident out of New South Wales .

(3) A subagen t ' s license shall no t be g ran ted to

any person who is not a res ident of New South Wales .

12. Save as provided in sections ten and eleven of this Act, a person who is not a resident, of New South Wales shall not be entit led to obtain a business a g e n t ' s license or a renewal thereof under this Act.

13.      The clerk of pe t ty sessions shall within seven days

af ter the issue of a license or renewal thereof or a f te r the t r ans fe r or cancellation thereof under this Act notify the R e g i s t r a r General of such issue, t r ans fe r or cancella­ t ion and the Reg i s t r a r General shall keep a regis ter of all such licenses and of all renewals , t r ans fe r s and can­ cellations of licenses, which regis ter shall be available for pe rusa l by any member of the public upon paymen t of the fee prescribed in tha t behalf under the provis ions of the Conveyancing Act, 1919-1932.

11. (1) Any licensed business agent or licensed sub- agent may on the informat ion of a member of the police force of or above the r ank of sergeant be summoned	before a court of pe t ty sessions holden before a	s t ipendiary or police mag i s t r a t e to show cause why his
license should not be cancelled and why he should not be disqualified ei ther pe rmanen t ly or t emporar i ly from holding a business agen t ' s license or a subagen t ' s license (as the case may be) on the g round—

(a)	tha t he improper ly obtained his license con t ra ry to the provis ions of this Ac t ; or
(b)	that he is not a fit and proper person to continue any longer to hold a l icense; or

(c)

(c) that he has been guilty of such conduct as a business agent or (as the case may be) as a subagent as r enders him unfit to continue any longer to hold a license.

(2) Upon being satisfied of the t r u t h of any of the g rounds aforesaid the court may order t ha t such business agen t ' s license or subagent ' s license be delivered u p for thwith and cancelled and t h a t such business agent or such subagent be disqualified ei ther pe rmanen t ly or for such per iod as the cour t specifies f rom holding a license unde r this Act whether as a business agent or as

a subagent .

(3) W h e r e the Cour t makes an o rder under this section or refuses any appl icat ion under section seven or section eight of this Act, the business agent or subagent or the person making the application, as the case m a y be, may appeal in accordance wi th the rules of court to the Dis t r ic t Court in the locality in which the business agent or subagent or applicant , as the case m a y be, resides.

E v e r y such appeal shall be in the na tu r e of a rehear ing . Notice of appeal shall be given to such persons as m a y

be prescr ibed by rules of court, or as the Dis t r ic t Cour t

may direct .

15. (1) E v e r y licensed business agent shall have a regis tered office, and every licensed subagent a regis tered address , within New South Wales to which all communi­ cations and notices may be addressed.

te red address of a licensed subagent shall be lodged by	and of any change therein or of any change in the regis­(2) Notice of the s i tuat ion of the regis tered office
the agent or subagent (as the case m a y be) wi th the cour t from which the license issued within the prescr ibed t ime, and the clerk of such court shall record such notice and advise the R e g i s t r a r General who shall enter such change in the reg is te r kept by him.
(3) If any licensed business agent car r ies on business without complying with the requi rements of this section he shall be liable to a penal ty not exceeding five pounds for every day du r ing which he so car r ies on

business

business, and if any licensed subagent acts as a subagent without complying with the requi rements of this section he shall be liable to a pena l ty not exceeding five pounds .

16.      (1) E v e r y licensed business agent shall pa in t or

affix and keep pain ted o r affixed on his place or places of business (or, in the case of a corporat ion or a person who has taken out a license on behalf of a corporat ion, on the pr incipal office of the corpora t ion in New South Wales and on the premises of every b ranch or agency of the corpora t ion in New South Wales) and on his or i t s regis tered office, so as to be easily read from outside such place or places or pr inc ipal office or premises or reg is te red office, his or i ts name and descr ipt ion as a licensed busi­ ness agent, and (if such business is not car r ied on in his or i ts own name) the name under which he or it or the firm in which he or i t is a p a r t n e r is regis tered or deemed to be reg is te red under any Act for the t ime being in force re la t ing to the reg i s t ra t ion of firms or of business names .

(2) Any person—

(a)	who commits any contravention of or fails to comply with any of the provis ions of subsection one of this sect ion; or
(b)	who, not being the holder of a business agent's license, keeps up or exhibits on or nea r to his office, house or place of business or exhibits any­ where or allows to remain unobl i tera ted any sign, wr i t ing , pa in t ing or other m a r k implying tha t such office, house or place of business is t ha t of a person licensed to c a r r y on the business of
or to act as a business agent ,

shall be guil ty of an offence aga ins t this Act.

17. (1) E v e r y business agent , who as such (whether

himself or by any employee or subagen t ) , pending the completion of any t ransac t ion , receives any moneys on behalf of any pe r son in respect of any t r ansac t ion or holds any moneys so received as a s takeholder or in t r u s t —

(a) shall as soon as is practicable pay such moneys into a bank to a t r u s t account in the name of the business agen t ; and

(b)

(b)	shall not withdraw such moneys therefrom save for the purpose of pay ing the same to the person or persons enti t led there to including where the ownership of any chat tels , stock or book debts has been agreed to be t r ans fe r red as p a r t of
such t ransac t ion , any pe r son other t h a n the

pa r t i e s to the t ransac t ion who has any r igh t as mor tgagee or lienee in any of such chattels , stock or book debts .

All such moneys shall be kept and accounted for separ­ ate ly from the moneys of the business agent .

(2) A n y business agent who commits any contra­ vention of or fails to comply wi th any of the foregoing provis ions of this section shall be liable to a pena l ty of not less than ten pounds and not more t han one hundred pounds .

(3) Subject to any obligations of the business agent as a stake-holder or t rus tee as aforesaid moneys so pa id into any t r u s t account shall not be available for the payment of any debt or claim of any pe r son other t han the person or persons enti t led there to as aforesaid or be liable to be a t tached or taken in execution under the o rder or process of any court a t the instance of any such other person.

(4) Notwi ths tanding any th ing in this Act a bank shall not be under any obligation to control or supervise the operat ions upon any such t ru s t account or to see to the appl icat ion by the said agent of any moneys d r a w n

out of such t r u s t account.

18.      (1) E v e r y business agent shall—

(a) make or cause to be made and shall keep at his pr inc ipal place of business in New South Wales a t rue s ta tement in wr i t ing in the prescr ibed form and with the prescr ibed pa r t i cu la r s as to the name and the work or services of and the salary, wages or commission pa id in each month to every person employed (whether a s an employee or a subagent or otherwise) by h im in connection with his business as a business agen t ; and

(b)

(b) produce such statement for inspection during office hours whenever demanded by a member of the police force of or above the r ank of sergeant or by any person author ised in wr i t ing by the Minister .

(2) A n y business agent who—

(a) commits any contravention of or fails to comply wi th any of the provis ions of this section; or

(b) makes false entr ies in any such s ta tement , shall be liable to a penal ty not exceeding fifty pounds .

19. (1) The Minister , or any other person author ised

in t ha t behalf by h im in wri t ing , m a y —

(a) inspect any books, accounts, documents or writ­ ings in the custody or control of any licensed business agent—

(i)   relating to any trust account in any bank in the name of the business agen t ; or

(ii)   for the purpose of ascertaining whether or not the business agent has any pa r t ­

n e r s ; and

(b) take notes, copies or extracts thereof or there­ from.

(2) Any person who—

(a)	wilfully delays or obstructs the Minister or any person so author ised (as the case may be) in the exercise of his powers under this section; or
(b)	being a business agent or employee or subagent of a business agent refuses—
(i) to produce such books, accounts, docu­

ments or wr i t i ngs ; or

(ii)   to answer any question relating to such books or accounts ; or

(c) knowingly gives any untruthful answer to any such question,

shall be liable to a pena l ty not exceeding one hundred

pounds .

( 3 ) The Minis ter or the person so au thor i sed (as

the case m a y be) may communicate to any client of the business agent a r e p o r t of the resul t of such inspection if and so fa r as it direct ly concerns such client.

Wi thou t affecting the genera l i ty of the provisions

of the Crimes Act, 1900, as amended by subsequent Acts,
a n y business agent who—

20.

(a) f raudulent ly converts to his own use—

(i)   any moneys received by him on behalf of any person in respect of any t ransac t ion in his capacity as business agen t ; or

(ii)   any moneys so received which are held by him as a s takeholder or in t rus t pending the completion of any t ransact ion,

or any p a r t of any such moneys ; or

(b) fraudulently omits to account for, deliver or p a y —

(i)   any such moneys received by him as afore­ said on behalf of any person or any p a r t thereof to such pe r son ; or

(ii)    any such moneys received by him as afore­ said which a re or were held by him as a s takeholder or in t r u s t as aforesaid pend­ ing the completion of the t ransac t ion or any p a r t of such moneys to the person or persons entit led to such moneys ; or

(c) f raudulent ly renders an account—

(i)   of any moneys received by him as afore­ said on behalf of any person or any p a r t of such moneys ; or

(ii)   of any moneys received by him as afore­ said which are or were held by him as a s takeholder in t r u s t pending the comple­

tion of any t ransac t ion or any p a r t of such moneys,

knowing such account to be false in any mate r ia l
par t icu la r ,

shal l be liable, if a corporat ion, to a penal ty not exceeding one thousand pounds or, if any other person, to imprison­ ment for a t e r m of not more than ten years .

2 1 . Any business agent or subagent who by any wil­ fully false, misleading or deceptive s ta tement , representa­ t ion or promise or by any wilful concealment of mate r ia l fact, induces or a t t empts to induce any person to enter

D into

into an agreement or contract for the sale or purchase o r lease of a business or under t ak ing shall be guil ty of an offence and shall be liable to a penal ty of not less t han ten pounds and not exceeding one hundred pounds or t o impr isonment for a t e r m not exceeding three years , o r both.

22.      (1) E v e r y business agent or subagent shall keep

in a legible manne r a wr i t ten record containing full pa r t i cu la r s of every business or share or in teres t in or concerning or the goodwill of or any stocks connected with a business which has been ent rus ted to him for t he exercise or performance in relat ion there to of any of t he functions of a business agent as defined by this Act.

(2) The wr i t ten record shall be open to inspection a t all reasonable t imes by an officer of the police force of or above the rank of sergeant , and every business agen t or subagent upon being requi red so to do shall produce the wr i t t en record kept by him for inspection by such officer.

(3) Any person who contravenes the provis ions of this section shall be liable to a penal ty of not less than two pounds and not exceeding fifty pounds.

23.      (1) If a business agent or subagent is convicted in

any court of any indictable offence or if in any proceeding before a cour t to which any business agent or subagent is a p a r t y the court is satisfied tha t such business agen t or subagent has been guil ty of f raud and t h a t he ought to be disqualified from ca r ry ing on the business of a

business agent or from being or act ing as a subagent any	such court may order tha t such business agent or sub-
agent—

(a)	deliver up any license held by him to the court for cancellat ion; and
(b)	be disqualified either permanently or for such per iod as the cour t specifies from holding a license under th is Act whether as a business agent or as a subagent .

(2) The clerk of the court shall for thwi th trans-

mi t to the Regis t ra r -Genera l a copy of any such order .
(3 )

(3) Upon receipt of such copy the Regis t rar - General shall for thwith cause the fact of such disqualifi­ ca t ion to he noted in the regis ter kept by h im under this Act .

24. A person disqualified unde r this Act shall not, while his disqualification continues, be capable of becom­ ing or continuing a director, manage r or employee of any corporat ion holding a license under this Act.

25. (1) A licensed business agent shall not knowingly employ in any way whatever in connection wi th his business as a subagent any person who is not a licensed subagen t or any person—

(a)	who is for the time being disqualified under this Act from holding a business agen t ' s license or a subagen t ' s license or disqualified unde r the Auc t ionee r s ' Licensing Act, 1898, or any amend­ ment thereof for the t ime being in force, from holding any license unde r tha t Act or amend­
m e n t ; or
(b )	whose appl icat ion for a business a g e n t ' s license or for a subagent ' s license under this Act, or for any license under the Auc t ioneers ' Licensing Act, 1898, or any amendment thereof for the t ime being in force, has been refused, unless such an applicat ion has been subsequently g ran ted and the license is in force ; or
(c)	under whose fidelity bond as a licensed business agent any moneys had been recovered or pa id to meet claims in respect of any loss covered by the said bond unless and unti l a court of

pe t ty sessions on the applicat ion of such person pe rmi t s the first ment ioned licensed business agen t to employ such person.

(2) Subject to this section no such person shall pa r t i c ipa te or be in any way concerned in the business of a licensed business agent or in the work of a licensed subagent .

(3) A n y licensed business agent or any person

aforesa id who commits any contravention of or fails to

comply

comply wi th any of the provisions of this section shal l be liable for every such offence to a pena l ty of not less than five pounds and not more t han one hundred pounds .

26. When in any proceedings under this Act or the regulat ions aga ins t any person it is alleged in t he informat ion t ha t such person is no t the holder of a business agen t ' s license or (as the case may be) of a subagent ' s license i t shall in the absence of proof to the con t ra ry be presumed tha t such person is not the holder of such a license.

27. (1) Any person for whom any licensed business- agent or any of his subagents or employees as such is ac t ing or has acted m a y on payment of a fee of two shillings and sixpence to the clerk of the court of pe t ty sessions wi th whom the same was lodged or by whom it is being kept inspect the fidelity bond lodged by or on behalf of such business agent p u r s u a n t to section seven of this Act and may take a copy thereof.

(2) Any person may, with the approva l of the Minis ter in wr i t ing , sue upon any fidelity bond under th is Act for indemni ty in respect of any loss covered b y the said bond.

(3) Any such action shall be commenced within six yea r s af ter the cause of such action.

Notwi ths tand ing any th ing in any Act, no action shall be b rought upon any contract or sale of any of the businesses re fe r red to in the definition of " B u s i n e s s a g e n t " in this Act or any share or in teres t in or concern­

28 .

ing any of such businesses, if the agreement or the
memorandum or note thereof on which such action is

b rough t is signed by any person other t h a n the p a r t y to be charged therewith , unless such person so s igning be thereunto lawfully au thor ised in wr i t ing signed by the p a r t y to be so charged.

29 . Notwi ths tand ing any proceedings aga ins t any

pe r son for an offence aga ins t this Act (whether resul t ­ ing in a conviction or otherwise) such person shall r emain liable to all civil proceedings in like manne r a s if the proceedings for an offence had not been taken.

30.      (1) W h e r e any notice or appl icat ion is by or

unde r this Act author ised or requi red to be given or made by any person in connection with a business agen t ' s license or a subagent ' s license the same may in the case of a corporat ion be given or made on behalf of the corpora t ion by any chairman, member of the governing body, director, manager , secre tary or officer of the corpora t ion or, where the corporat ion appoints a person to take out a business a g e n t ' s license on its behalf, by

such person .

(2) Excep t where special provision is made to the cont rary , a corpora t ion shall be liable for any offence aga ins t this Act as if such corporat ion were a p r iva te person and shall be subject to the same pecuniary penal t ies as if it were a pr iva te person.

(3) W h e r e any act which by this Act is declared to be an offence and which is committed by a body corpora te is proved to have been committed with the consent or approva l of or to have been facili tated by any wilful neglect on the p a r t of any director, manager , secre ta ry or other officer of the body corporate , he as well as the body corporate shall be deemed to be guil ty of the offence, and may be proceeded agains t and shall be liable to the pecuniary penal ty or impr isonment or both p ro ­ vided by this Act in the case of an offence by a person who is not a corporat ion.

31 . (1) Subject to this Act, from and af ter the

expira t ion of three months af ter the commencement of

th is Act—

(a)	no person, unless he is the holder of a sub- a g e n t ' s license, shall be or act as a subagent for any licensed business agen t ; and
(b)	no person shall be or act as a subagent for any person who should be but is not the holder of a business agen t ' s license under this Act.

(2) Any person who commits any contravent ion of or fails to comply wi th any of the provisions of this section shall be liable to a penal ty not exceeding one hundred pounds or to impr isonment for a t e r m of not more than twelve months or to both such penal ty and imprisonment .

32.      (1) Notwi ths tand ing any th ing in this Act or any

law to the cont rary , no licensed subagent shall pe r form for any licensed business agent any of the functions of a business agent as defined by this Act unless such sub- agent was there tofore lawfully au thor ised in wr i t ing thereunto by the said licensed business agent .

(2) E v e r y person who commits any contraven­
t ion of or fails to comply with any of the provisions of

subsection one of this section shall be guil ty of an offence

aga ins t th is Act.

(3) Any licensed subagent who makes any false represen ta t ion (whether verbal ly or in wr i t ing or by conduct) to any person to the effect t ha t such subagent is author ised to act as a subagent for any specified licensed business agent shall be guil ty of an offence and shall for every such offence be liable to a fine not exceed­ ing ten pounds or to impr isonment for a t e rm of not more t han three months , or to both.

33. Noth ing in th is Act shall be construed as requir­ ing any licensed subagent , so fa r as he pe r fo rms for any licensed business agent any of the functions of a business agen t and is duly au thor i sed thereunto by such busi­ ness agent , to hold a business agen t ' s license unde r this Act, or as requ i r ing any licensed business agent to hold a subagen t ' s license unde r th is Act.

34. (1) I t shall not be necessary for any licensed
subagent to p a y moneys received by him into a bank to

a t r u s t account p u r s u a n t to this A c t ; bu t it shall be the

du ty of every subagent to p a y for thwi th to the licensed
business agent for whom he is act ing as a subagent all

moneys received from or on behalf of any person by the subagent in respect of any t ransac t ion in his capaci ty of subagent for the licensed business agent .

(2) Any subagent who commits any cont raven­ tion of or fails to comply wi th any of the provis ions of this section shall be gui l ty of an offence and shall for every such offence be liable to a pena l ty of not less t han ten pounds and not exceeding one hundred pounds or to impr isonment for a t e r m of not more t han twelve months or to both such penal ty and imprisonment .

35. E v e r y licensed business agent shall be person­ ally liable for all moneys received from or on behalf of a n y person by any subagent act ing as a subagent for him, in respect of any t ransac t ion in the capaci ty of subagent for the licensed business agent.

36. E v e r y licensed business agent shall on demand, a t the premises upon which he carr ies on his business, and every licensed subagent shall on demand, produce his license to any member of the police force of or above the r ank of sergeant , or to any person with whom such business agen t or subagent is t r ansac t ing or a t t empt ing to t r ansac t any business as a business agent or as a sub- agent (as the case may be) .

37. Any business agent or any subagent who lets out, h i res or lends his license to any other person or pe rmi t s any other person to use his license shall be gui l ty of an offence aga ins t this Act. and on conviction for such offence and in addit ion to any pena l ty therefor his license shall thereupon become absolutely void and shall be delivered up to the court and cancelled.

38. Subject to this Act no person shall be entit led to b r i ng any proceeding in any court to recover any com­ mission, fee, gain or r eward for any service done or per formed by him as a business agent or subagent unless he was the holder of a business agen t ' s license or of a subagen t ' s license (as the case may be) at the t ime of doing or pe r forming such service.

39. Any person who in any applicat ion made pur­ suan t to this Act makes any s ta tement which is not correct or furnishes any par t i cu la r s which a re not correct or knowingly omits to furnish any par t i cu la rs required to be furnished by or unde r this Act shall be liable to a pena l ty not exceeding fifty pounds .

40 . (1) E v e r y person who commits any contraven­

tion of or fails to comply wi th any of the provisions of th is Act or the regula t ions shall be guil ty of an offence

aga ins t th is Act.

(2)

(2) W h e r e no penal ty is specially provided for any offence aga ins t this Act any person guil ty of such offence shall be liable to a pena l ty not exceeding fifty pounds .

(3) Any pena l ty imposed by this Act or by the
regula t ions may be recovered in a summary m a n n e r in

any court of pe t ty sessions holden before a s t ipendiary

or police mag i s t r a t e .

(4) W h e r e two or more persons commit or

knowingly author ise or pe rmi t the commission of any offence agains t this Act each of such persons shall be liable therefor and the l iabil i ty of each of them shall be independent of the l iabil i ty of the other or o thers .

4 1 . Any business agent who publishes (whether in a newspaper or otherwise) any adver t i sement re la t ing to or in connection with his business (or in the case of a corporat ion or a person who has taken out a license on behalf of a corporat ion re la t ing to or in connection wi th the business of the corpora t ion) wi thout specifying therein his or i ts name as a licensed business agent and (if the business is not car r ied on in his or i ts own name) the name under which he or it or the firm in which he or i t is a p a r t n e r is regis tered or deemed to be regis tered unde r any Act for the t ime being in force re la t ing to the reg is t ra t ion of firms or of business names, and his or i ts place of business shall be guil ty of an offence agains t this Act.

42 . (1) The Governor m a y make regula t ions not inconsistent with this Act for or with respect to—
(a)	prescribing any forms to be used under this Ac t ;
(b)	the procedure on applications and other pro­ ceedings unde r this Ac t ;
(c) prescr ib ing a scale of fees a n d / o r	commissions

to be charged by business a g e n t s ;

(d) exempting any class of persons from the opera­ tion of this Act and prescr ib ing the extent of such exemptions and specifying the provis ions (if any) of this Act which a r e to app ly to any class of persons so exempted ; and

(e)

(e) generally, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The regulations may prescribe penalties not exceeding ten pounds for any breach thereof.

(3) All regulations shall— ]

(a) be published in the Gazette;

(b)	take effect from the date of publication or from a later date specified in the regulations; and
(c)	be laid before both Houses of Parliament within fourteen sitting days after the publica- tion thereof if Parliament is then in session, and, if not, then within fourteen sitting days after the commencement of the next session.

If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.