Version No. 004
Private Agents Regulations 2003
S.R. No. 27/2003
Version incorporating amendments as at 18 April 2008
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1Objective
2Authorising provisions
3Revocation
4Definition
5Exemptions
Part 2—General
6Register of private agents
7Duties and functions of Chief Commissioner
8Licence fees and renewal fees—Part II licences
9, 10Revoked
11Duplicate licence fee
12, 13Revoked
14Surrender of provisional licence—commercial subagents
15Revoked
16Records
17Offence not to record within 7 days
18Inspection of records
19Offence to obstruct during inspection
Part 3—Revoked
20–24Revoked
Part 4—Commercial Agent's Licences
25Commercial agent's licence application
26Commercial sub-agent's licence application
27Form of commercial agent's licence
28Form of commercial sub-agent's licence
29Commercial sub-agent's provisional licence
30Endorsement of application for provisional licence
31Notice of receipt of application
32Objections
33Change of nominee
34Returns of licences
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SCHEDULE—Forms
Form 1—Register of Private Agents
Forms 2, 3—Revoked
Form 4—Application for a Commercial Agent's Licence or Renewal
Form 5—Application for a Commercial Sub-Agent's Licence or
Renewal
Form 6—Commercial Agent's Licence
Form 7—Commercial Sub-Agent's Licence
Form 8—Commercial Sub-Agent's Provisional Licence
Form 9—Notice of receipt of Application for Commercial Agent's/SubAgent's Licence
Form 10—Notice of Objection to Licence Application
Form 11—Returns under Section 43
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 004
Private Agents Regulations 2003
S.R. No. 27/2003
Version incorporating amendments as at 18 April 2008
1
Private Agents Regulations 2003
S.R. No. 27/2003
Part 1—Preliminary
1Objective
The objective of these Regulations is to make provision for exemptions, forms, fees, records, procedures and other matters required for the purposes of the Private AgentsAct 1966.
2Authorising provisions
These Regulations are made under sections 4(2) and 51 of the Private Agents Act1966.
3Revocation
The Private Agents (Interim) (Amendment) Regulations 2002[1] are revoked.
Reg. 4 substitutedby S.R. No. 78/2005 reg.4.
4Definition
Inthese Regulations—
the Act means the Private Agents Act 1966.
5Exemptions
The following classes of persons are exempt from the operation of the Act to the extent specified in relation to the relevant class of person—
(a)employees of bodies corporate which are related to another body corporate within the meaning of section 50 of the Corporations Act in relation to undertaking the following on behalf of the body corporate which is related to the body corporate which employs those employees—
(i)finding or repossessing goods or chattels which are the subject of a hire-purchase agreement or a bill of sale; or
Reg. 5(a)(ii) amendedby S.R. No. 78/2005 reg.5(a).
(ii)collecting or requesting the payment of debts.
Reg. 5(b)(c)revokedby S.R. No. 78/2005 reg.5(b).
*****
r. 5
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Part 2—General
6Register of private agents
r. 6
The register must be kept in the form of Form 1 in the Schedule.
Reg. 7 (Heading) amendedby S.R. No. 78/2005 reg.6(1).
7Duties and functions of Chief Commissioner
Reg. 7(1) amendedby S.R. No. 78/2005 reg.6(2)(a).
(1)The Chief Commissioner must—
(a)record in the register, in respect of every licence holder under the Act, the details set out in Form 1 in the Schedule; and
(b)maintain a record of every licence holder under the Act who dies; and
Reg. 7(1)(c) amendedby S.R. No. 78/2005 reg.6(2)(b).
(c)keep a record of licence holders under the Act whose details have been removed from theregister.
Reg. 7(1)(d)(e)revokedby S.R. No. 78/2005 reg.6(2)(c).
*****
Note
Section 7 of the Act deals with the inspection of the register and keeping of records of suspended and cancelled licences in relation to licences for commercial agents and commercial sub-agents.
Reg. 7(2) amendedby S.R. No. 78/2005 reg.6(2)(a).
(2)It is a function of the Chief Commissioner to provide advice on the operation of the Act and the regulations.
8Licence fees and renewal fees—Part II licences
Reg. 8(1) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item35.1).
(1)The prescribed licence fee for a commercial agent's licence is 285 fee units.
Reg. 8(2) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item35.2).
(2)The prescribed renewal fee for a commercial agent's licence is 16 fee units.
Reg. 8(3) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item35.2).
(3)The prescribed licence fee for a commercial sub-agent's licence is 16 fee units.
Reg. 8(4) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item35.3).
(4)The prescribed renewal fee for a commercial sub-agent's licence is 65 fee units.
Reg. 9 amendedby S.R. No. 88/2004 reg.4(Sch. 1 items35.4–35.6), revokedby S.R. No. 78/2005 reg.7.
*****
r. 8
Reg. 10 revokedby S.R. No. 78/2005 reg.7.
*****
Reg. 11 amendedby S.R. No. 88/2004 reg.4(Sch. 1 item35.7).
11Duplicate licence fee
For the purposes of section 17 of the Act, the prescribed fee for a duplicate licence is 2 fee units.
Reg. 12 amendedby S.R. No. 88/2004 reg.4(Sch. 1 item35.8), revokedby S.R. No. 78/2005 reg.7.
*****
Reg. 13 revokedby S.R. No. 78/2005 reg.7.
*****
14Surrender of provisional licence—commercial subagents
r. 14
(1)The holder of a provisional commercial sub-agent licence must surrender the provisional licence within 14 days after the earliest of the following—
(a)the day when the commercial sub-agent's licence takes effect; or
(b)the application for such licence is refused; or
(c)the holder is served with a notice of objection in accordance with section 12(1)(b) of the Act.
Penalty:1 penalty unit.
(2)A person who is required to surrender a provisional licence under subregulation (1) must return the provisional licence to the Magistrates' Court from which the provisional licence was issued.
Penalty:1 penalty unit.
Reg. 15 revokedby S.R. No. 78/2005 reg.7.
*****
16Records
(1)In the case of a commercial agent requested to find any goods or chattels delivered under a hire-purchase agreement or bill of sale, for the purposes of section 44A of the Act, the prescribed particulars of the functions performed by the commercial agent are—
(a)the full name and address of the firm, corporation or person who made the request; and
(b)the date the request was received; and
(c)a description of the goods or chattels concerned; and
(d)where the goods or chattels were found; and
(e)if any premises had to be entered to find the goods or chattels—
(i)how the entry was made; and
(ii)the exact terms of the authority, document, arrangement or agreement under which legal power to make entry is claimed.
r. 16
(2)In the case of a commercial agent repossessing any goods or chattels delivered under a hire-purchase agreement or bill of sale, for the purposes of section 44A of the Act, the prescribed particulars of the functions performed by the commercial agent are—
(a)the full name and address of the firm, corporation or person who requested that the goods or chattels be repossessed; and
(b)the date the request was received; and
(c)the full name and address of the person from whom the goods or chattels were repossessed; and
(d)the date and time of day of the repossession; and
(e)the names of the agents who repossessed the goods or chattels; and
(f)a full description of the goods or chattels repossessed and the place where, or the addresses of the premises at which, they were repossessed; and
(g)whether or not the person from whom the goods or chattels were repossessed was present at the time of the repossession; and
(h)if the person from whom the goods or chattels were repossessed was not present at the premises at the time of the repossession—
(i)the names of any occupants of the premises who were present when the goods or chattels were repossessed; or
(ii)if the occupants referred to in subparagraph (i) did not give their names, a statement that names were not provided; and
r. 16
(i)if the goods or chattels were repossessed at any premises and the person from whom they were repossessed was not present at the time of repossession, how entry was made into the premises; and
(j)the exact terms of the authority, document, arrangement or agreement under which legal power to make the entry is claimed; and
(k)what notice, if any, was given or left for the person from whom the goods or chattels were repossessed that the repossession was made; and
(l)the address to which the repossessed goods or chattels were taken.
(3)In the case of a commercial agent collecting or requesting payment of debts, for the purposes of section 44A of the Act, the prescribed particulars of the functions performed by the commercial agent are—
(a)the full name and address of the firm, corporation or person who requested that a debt be collected or that a request for payment of a debt be made; and
(b)the date the request was received; and
(c)the full name and address of the person or body from whom the debt was collected or to whom the request for payment of the debt was made; and
(d)the amount of the debt.
Reg.16(4)(5)revokedby S.R. No. 78/2005 reg.7.
*****
Reg.17 amendedby S.R. No. 78/2005 reg.8.
17Offence not to record within 7 days
r. 17
A commercial agent must ensure that each particular referred to in regulation 16 is recorded within 7 days after that particular becomes available.
Penalty:5 penalty units.
Reg.18 substitutedby S.R. No. 78/2005 reg.9.
18Inspection of records
A person required to keep a record under section 44A of the Act must make the record available for inspection at any time during normal business hours by any member of the police force.
Reg.19 amendedby S.R. No. 78/2005 reg.10.
19Offence to obstruct during inspection
r. 19
A person must not obstruct any member of the police force who is carrying out an inspection of a record under regulation 18.
Penalty:5 penalty units.
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Pt 3
(Heading and regs20–24) revokedby S.R. No. 78/2005 reg.7.
*****
______
Part 4—Commercial Agent's Licences
25Commercial agent's licence application
r. 25
(1)An application for the issue or renewal of a commercial agent's licence must be in the form of Form 4 in the Schedule.
(2)In the case of an application under subregulation (1) by a corporation, the application must be accompanied by a copy of the certificate of incorporation.
26Commercial sub-agent's licence application
An application for the issue or renewal of a commercial sub-agent's licence must be in the form of Form 5 in the Schedule.
27Form of commercial agent's licence
A commercial agent's licence must be in the form of Form 6 in the Schedule.
28Form of commercial sub-agent's licence
A commercial sub-agent's licence must be in the form of Form 7 in the Schedule.
29Commercial sub-agent's provisional licence
A commercial sub-agent's provisional licence must be in the form of Form 8 in the Schedule.
30Endorsement of application for provisional licence
After a Registrar of the Magistrates' Court issues a provisional licence to an applicant for a commercial sub-agent's licence, the Registrar of the Magistrates' Court must—
(a)if in possession of the 3 copies of the application for the licence, endorse each of the copies with the expression "Provisional licence issued on" and insert the appropriate date; or
Reg.30(b) amendedby S.R. No. 78/2005 reg.11.
(b)if, in accordance with section 11 of the Act, the duplicate and triplicate of the application have been sent to the officer in charge at the police station nearest to that venue of the Court and theChief Commissioner—
Reg.30(b)(i) amendedby S.R. No. 78/2005 reg.11.
(i)immediately advise the officer in charge at the police station and the Chief Commissioner of the issue of the provisional licence; and
(ii)endorse the original copy of the application as required in paragraph (a).
31Notice of receipt of application
r. 31
For the purposes of section 11 of the Act, the prescribed form of the notice of receipt of an application for a commercial agent's and commercial sub-agent's licence is Form 9 in the Schedule.
32Objections
An objection lodged by any person under section12 of the Act against an application for a commercial agent's or commercial sub-agent's licence must be in the form of Form 10 in the Schedule.
33Change of nominee
If the nominee of a corporation or firm which holds a commercial agent's licence is changed, the new nominee must notify the Magistrates' Court within 14 days after the change.
Penalty:1 penalty unit.
34Returns of licences
r. 34
The returns required by section 43 of the Act must—
Reg.34(a) amendedby S.R. No. 78/2005 reg.11.
(a)be forwarded to the Chief Commissioner no later than 7days after the end of each month; and
(b)be in the form of Form 11 in the Schedule.
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SCHEDULE
Forms
Form 1
Sch. Form1 amendedby S.R. No. 78/2005 reg.12(a).
Form 1
Register of Private Agents
1.Name in which licence is issued.
2.Address of principal place of business.
3.Additional business names (if any).
4.In the case of a corporation or partnership—
(a)the names and addresses of each director and the manager and secretary; and
(b)the name and address of the nominee.
5.In the case of a licence authorising the licensee to carry on business as a private agent under a name other than the name of the licensee, the name and address of the licensee.
6.Date of birth of all licensees who are natural persons.
7.Type of licence and licence number.
8.Date current licence issued.
9.Date first licence issued (if known).
10.Expiry date of licence.
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Sch.
Forms2, 3 revokedby S.R. No. 78/2005 reg.12(b).
*****
______
Form 4
Form 4
Application for a Commercial Agent's Licence or Renewal
1.Name of corporation, firm or individual.
2.Principal place of business.
3.Name and address of nominee.
4.Names and addresses of officers of the corporation or of all partners of the firm.
5.Date on which application will be made and location of Magistrates' Court.
Signature of applicant.
Date of application.
______
Form 5
Form 5
Application for a Commercial Sub-Agent's Licence or Renewal
1.Name and residential address of applicant.
2.Place of business.
3.Date on which application will be made and location of Magistrates' Court.
Signature of applicant.
Date of application.
______
Form 6
Commercial Agent's Licence
1.Name of corporation, firm or individual.
2.Commencement and expiry dates of licence.
3.Photograph and signature of nominee or individual.
4.Licence number.
Registrar of the Magistrates' Court.
______
Form 7
Form 7
Commercial Sub-Agent's Licence
1.Name of licensee.
2.Commencement and expiry dates of licence.
3.Photograph of licensee.
4.Licence number.
Signature of licensee.
Registrar of the Magistrates' Court.
______
Form 8
Commercial Sub-Agent's Provisional Licence
1.Name of licensee.
2.Name and address of employer.
3.Date of issue.
4.Licence number.
Signature of licensee.
Registrar of the Magistrates' Court.
______
Form 9
Form 9
Private Agents Act 1966
Notice of receipt of Application for Commercial Agent's/SubAgent's Licence
[Full name of applicant or, in the case of a firm or corporation, of the nominee] of [Residential address of applicant or nominee] *on behalf of [Name and address of firm or corporation] has applied for a commercial *agent's/*sub-agent's licence.
The application will be heard on at the Magistrates' Court.
Objections to the granting of the licence may be made in accordance with section 12 of the Private Agents Act 1966.
Registrar of the Magistrates' Court.
*Delete if not applicable.
______
Form 10
Private Agents Act 1966
Notice of Objection to Licence Application
1.Name and address of applicant.
2.Name of firm or corporation (if applicable).
3.Type of licence applied for.
4.Location of Magistrates' Court.
5.Name, address and occupation of objector.
6.Grounds of objection.
Signature of objector.
Date of objection.
______
Form 11
Form 11
Private Agents Act 1966
Returns under Section 43
1.Licences issued, name and address of each licence holder, type of licence and date of issue and expiry date.
2.Licences suspended or cancelled, name and address of each former licence holder, type of licence and date of effect of suspension or cancellation.
3.Persons refused or disqualified from holding licences, name and address of each person refused or disqualified, type of licence and date of refusal or disqualification.
Registrar of the Magistrates' Court.
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ENDNOTES
Endnotes
1.General Information
The Private Agents Regulations 2003, S.R.No.27/2003 were made on 2April 2003 by the Governor in Council under sections 4(2) and 51 of the Private Agents Act 1966, No.7494/1966 and came into operation on 2April 2003.
The Private Agents Regulations 2003 will sunset 10 years after the day of making on 2 April 2013 (see section 5 of the Subordinate Legislation Act 1994).
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the Private Agents Regulations 2003 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Monetary Units Regulations 2004, S.R. No. 88/2004
Date of Making: / 29.6.04Date of Commencement: / 1.7.04: reg. 3
Private Agents (Amendment) Regulations 2005, S.R. No. 78/2005
Date of Making: / 28.6.05Date of Commencement: / 1.7.05: reg.3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3.Explanatory Details
Endnotes
1
[1] Reg. 3: S.R. No. 133/2002.