New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 60K

60K Commercial agent rules

(1) The regulations may prescribe rules of conduct for the carrying out of commercial agent activities including by prohibiting certain practices.

(2) Without limiting subsection (1), the rules may deal with the following matters--

(a) prohibited practices (including, but not limited to, the use of physical force, harassment, coercion, misrepresentation, making unreasonable threats, entering premises illegally, impersonating a Government employee, exposing a person to ridicule or employing or otherwise using disqualified persons),

(b) money held on trust including the keeping of trust accounts and the audit of those accounts,

(c) the keeping of records,

(d) the provision of information to the Secretary,

(e) the handling of complaints,

(f) advertising,

(g) the employment or use of persons.

(3) A person must not carry out a commercial agent activity unless the person does so in compliance with the commercial agent rules.

(4) An employer must take all reasonable steps to ensure that an employee does not carry out a commercial agent activity in the course of their employment unless the employee does so in compliance with the commercial agent rules.

(5) Each officer of a corporation must take all reasonable steps to ensure that the corporation does not carry out a commercial agent activity unless it does so in compliance with the commercial agent rules.

: Maximum penalty--100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).