Licensee in charge – exemptions

In limited circumstances, the Commissioner for Fair Trading may grant an exemption from the requirement that each separate agency office be under the charge of a separate licensee. An application for exemption can be made in certain circumstances such as the following:

• in remote rural areas where it may be difficult to comply with the requirements to have a licensee-in-charge of each branch office
• in the commercial sector, where the presence of a licensee may not be warranted where only limited agency activities are carried on in each separate commercial building or shopping centre office. 

The Property, Stock and Business Agents Regulation 2003 sets out in detail the matters which must be taken into account by the Commissioner in considering whether to allow a licensee to be in charge of more than one place of business. A request for exemption will need to include sufficient information to satisfy the Commissioner that:

• the exemption is necessary
• the licensee has adequate prior experience as a licensee-in-charge of an agency business
• the licensee is capable of properly supervising the conduct of business at more than one place
• office systems have been or are proposed to be established at each place of business to provide for accountability to the licensee-in-charge
• there are adequate staffing and office management arrangements in place at each place of business
• a centralised trust account will be established for the deposit of trust money received in connection with all places of business for which the licensee will be the licensee-in-charge
• the licensee is able to comply with any supervision guidelines issued by the Commissioner for Fair Trading.

View or download the Guidelines on how to apply for an exemption in PDF format (size: 18k).

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