Document ID: chunk:federal_register_of_legislation:C2024C00826:section:78
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 78
Character Range: 191423–192916

78  Effect of this Division
 (1) If a licensee is responsible for the conduct of its representative under this Division, the client has the same remedies against the licensee that the client has against the representative.
 (2) The licensee and the representative (along with any other licensees that are also responsible) are all jointly and severally liable to the client in relation to those remedies.
 (3) However, nothing in this Division imposes:
 (a) any criminal responsibility; or
 (b) any civil liability under a provision of this Act apart from this Division;
on a licensee that would not otherwise be imposed on the licensee.
 (4) This Division does not relieve a representative of a licensee of any liability that the representative has to the client or the licensee.
 (5) An agreement has no effect in so far as it purports to alter or restrict the operation of section 75, 76 or 77.
 (6) However, subsection (5) does not apply to the extent that the agreement:
 (a) provides for a representative of a licensee to indemnify the licensee for a liability of the licensee in relation to the representative; or
 (b) provides for a licensee, for whom a representative acts, to indemnify another licensee for a liability in relation to the representative.
 (7) A licensee must not make, or offer to make, an agreement that has, or would have, no effect under subsection (5).

Part 2‑4—Banning or disqualification of persons from engaging in credit activities

Division 1—Introduction