Western Australian Consolidated Acts

EMPLOYMENT AGENTS ACT 1976 - SECT 19

19 .         Licences may be issued for the benefit of a firm or body corporate

        (1)         Where it is desired that a licence shall be granted to a natural person on behalf of a firm or of a body corporate, the application — 

            (a)         shall state the name and the principal place of business of that firm or body corporate;

            (b)         shall state the name and the principal place of business of the proposed licensee;

            (c)         may be made either by the firm or body corporate on behalf of the proposed licensee or by the proposed licensee personally;

            (d)         shall be treated as though made by or on behalf of the firm or body corporate which — 

        [(i), (ii)         deleted]

                  (iii)         may be required to satisfy the Commissioner that it consents to the application.

        (2)         On an application made under this section the Commissioner shall have regard not only to the question as to whether or not the proposed licensee is a fit and proper person to hold a licence but also to the fitness and repute of the firm or body corporate on behalf of which the licence is to be used, and may take into consideration any objection or submission made in relation to that firm or body corporate or the persons responsible for its management.

        (3)         Two or more licences may be granted on behalf of the same firm or body corporate.

        (4)         A licence granted pursuant to an application made under this section shall specify the firm or body corporate on behalf of which it is granted and shall not have effect as a licence granted to the natural person named therein on his own behalf.

        (5)         Where a licensee is an employee of a firm or body corporate named in his licence, that firm or body corporate and not the licensee shall be primarily responsible for observing the requirements of this Act but both the licensee and the firm or body corporate so named may be charged with and convicted of the like offence.

        (6)         Except with the consent of the firm or body corporate named in the licence no licence granted pursuant to this section may be transferred, but, subject to this Act, the licence may be transferred to any person to whom the firm or body corporate has agreed to transfer it and the consent of the licensee or his legal personal representative shall not be necessary where the licensee was an employee of that firm or body corporate at the time the licence was granted.

        [Section 19 amended by No. 55 of 2004 s. 281 and 294.]