Dermot Ahern (Louth, Fianna Fail)

Section 60 requires the authority to make regulations on the contents of advertisements, booking deposits and the terms of building contracts. Under this section, the regulations also apply to persons other than licensees. For example, the regulations can apply to builders or surveyors and contravention of a regulation under this section by a licensee will amount to improper conduct. For a person other than a licensee, sanctions for contravention of regulations made under this section are appropriate. The Senator's proposal is not justified given that extends it to people other than licensees.

Amendment, by leave, withdrawn.

Amendment No. 58 not moved.

Section 60 agreed to.

Sections 61 and 62 agreed to.

SECTION 63.

Government amendment No. 59:

In page 61, between lines 39 and 40, to insert the following subsections:

"(6) Where the Authority receives a complaint in respect of a licensee in his or her capacity as a principal officer or an employee of a licensee who is a property services employer, then nothing in this Act shall be construed to preclude the Authority, where it thinks it proper to do so, from treating the complaint as also being made in respect of the property services employer and, in any such case, the investigation concerned may relate to more than one licensee and the provisions of this Act (including this section) shall, with all necessary modifications, be construed accordingly.

(7) Where the Authority receives a complaint in respect of a licensee who is a property services employer and is satisfied that the matter, the subject of the complaint, may relate to the provision of a property service by another licensee in his or her capacity as a principal officer or an employee of that property services employer, then nothing in this Act shall be construed to preclude the Authority, where it thinks it proper to do so, from treating the complaint as also being made in respect of that principal officer or employee, as the case may be, and, in any such case, the investigation concerned may relate to more than one licensee and the provisions of this Act (including this section) shall, with all necessary modifications, be construed accordingly.

(8) Subsections (6) and (7) shall not be construed to limit the generality of the Authority's power under subsection (1) to cause an investigation to be carried out of its own volition and, accordingly, any such investigation may relate to more than one licensee and the provisions of this Act (including this section) shall, with all necessary modifications, be construed accordingly.".