Cross and Business Licencing Authority

This matter concerned an applicant who held a real estate agent licence in New South Wales and had subsequently obtained registration as a real estate agent in South Australia and Victoria under the Mutual Recognition Act 1992 (Cth). Following the cancellation of his South Australian licence, his Victorian licence was also cancelled. The applicant sought reinstatement of his Victorian licence under the Mutual Recognition Act but was refused. The applicant then sought review of this refusal.

The court was required to determine whether the cancellation of the applicant's licence in South Australia was void, whether the decision of the Business Licencing Authority to refuse reinstatement was a reviewable decision, and whether reinstatement of the Victorian licence was the correct and preferable decision. A key issue was the interpretation of section 11C of the relevant South Australian legislation concerning the Commissioner's power to cancel, suspend, or impose conditions on registration, and how this interacted with the provisions of the Mutual Recognition Act, particularly in relation to disciplinary proceedings.

The court considered section 11C of the relevant South Australian Act, which empowers the Commissioner to cancel, suspend, or impose conditions on registration if satisfied that events have occurred such that the registered agent would not be entitled to registration if they were to apply anew. The court noted that a banning order, which suspended the applicant's ability to practice financial services, could engage section 8(1)(c) of the Mutual Recognition Act and that section 11C authorised cancellation of registration. The court found that the cancellation of the licence was a result of disciplinary proceedings, thus falling within the scope of section 33(1) of the Mutual Recognition Act. The Tribunal had previously found the licence cancellation not to be void and that reinstatement was the correct and preferable decision.

The court set aside the decision of the Business Licencing Authority and substituted it with a decision for reinstatement.