{"id":"qld:act-1984-041","name":"Land Sales Act 1984","slug":"land-sales-act-1984","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"41 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104981,"registerId":"qld-act-1984-041-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Land Sales Act 1984 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Objects of Act","content":"### sec.2 Objects of Act\n\nThe objects of this Act are—\nto facilitate property development in Queensland; and\nto protect the interests of consumers in relation to property development; and\nto ensure that proposed lots are clearly identified; and\nto achieve the objects mentioned in paragraphs (a) to (c) without imposing procedural obligations on local governments or MEDQ in addition to their or its obligations under the Planning Act or the Economic Development Act .\ns 2 ins 1997 No. 40 s 4\namd 1999 No. 63 s 70 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 44 s 10 ; 2012 No. 43 s 221 sch 1 ; 2014 No. 46 s 38\n- (a) to facilitate property development in Queensland; and\n- (b) to protect the interests of consumers in relation to property development; and\n- (c) to ensure that proposed lots are clearly identified; and\n- (d) to achieve the objects mentioned in paragraphs (a) to (c) without imposing procedural obligations on local governments or MEDQ in addition to their or its obligations under the Planning Act or the Economic Development Act .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application of Act generally","content":"### sec.3 Application of Act generally\n\nThis Act applies to the sale of a proposed lot if, when the proposed lot becomes a lot, it will be situated in Queensland.\nFor subsection (1) , it does not matter where the contract for the sale was entered into.\nThis Act does not apply to the sale of a proposed lot if—\nthe sale is part of a large transaction; or\nthe sale arises from the reconfiguration of land into not more than 5 lots.\nIn this section—\nlarge transaction means the sale of 6 or more proposed lots if—\nthe seller of each proposed lot is the same person; and\nthe buyer of each proposed lot is the same person; and\nthe sale is the subject of—\na single contract; or\n2 or more contracts entered into within 24 hours.\nreconfiguration , in relation to land, means reconfiguration by subdivision or amalgamation.\ns 3 prev s 3 amd 1989 No. 103 s 3 sch\nom R1 (see RA s 36)\npres s 3 ins 2014 No. 46 s 39\n(sec.3-ssec.1) This Act applies to the sale of a proposed lot if, when the proposed lot becomes a lot, it will be situated in Queensland.\n(sec.3-ssec.2) For subsection (1) , it does not matter where the contract for the sale was entered into.\n(sec.3-ssec.3) This Act does not apply to the sale of a proposed lot if— the sale is part of a large transaction; or the sale arises from the reconfiguration of land into not more than 5 lots.\n(sec.3-ssec.4) In this section— large transaction means the sale of 6 or more proposed lots if— the seller of each proposed lot is the same person; and the buyer of each proposed lot is the same person; and the sale is the subject of— a single contract; or 2 or more contracts entered into within 24 hours. reconfiguration , in relation to land, means reconfiguration by subdivision or amalgamation.\n- (a) the sale is part of a large transaction; or\n- (b) the sale arises from the reconfiguration of land into not more than 5 lots.\n- (a) the seller of each proposed lot is the same person; and\n- (b) the buyer of each proposed lot is the same person; and\n- (c) the sale is the subject of— (i) a single contract; or (ii) 2 or more contracts entered into within 24 hours.\n- (i) a single contract; or\n- (ii) 2 or more contracts entered into within 24 hours.\n- (i) a single contract; or\n- (ii) 2 or more contracts entered into within 24 hours.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act does not apply to particular State leasehold land","content":"### sec.4 Act does not apply to particular State leasehold land\n\nA regulation may declare that, subject to any stated conditions, this Act does not apply to the whole or part of land the subject of—\na stated miners homestead under the Land Act 1994 , chapter 8 , part 7 , division 2 ; or\na stated lease or a stated class of lease under the Land Act 1994 .\nIf a person contravenes a condition to which a declaration under subsection (1) is subject, the Supreme Court may, on the application of a buyer under a contract for the sale of a proposed lot to which the declaration relates, order the person to comply with the condition.\ns 4 prev s 4 amd 1985 No. 43 s 4 ; 1989 No. 103 s 3 sch\nom 1992 No. 40 s 122\npres s 4 ins 2014 No. 46 s 39\n(sec.4-ssec.1) A regulation may declare that, subject to any stated conditions, this Act does not apply to the whole or part of land the subject of— a stated miners homestead under the Land Act 1994 , chapter 8 , part 7 , division 2 ; or a stated lease or a stated class of lease under the Land Act 1994 .\n(sec.4-ssec.2) If a person contravenes a condition to which a declaration under subsection (1) is subject, the Supreme Court may, on the application of a buyer under a contract for the sale of a proposed lot to which the declaration relates, order the person to comply with the condition.\n- (a) a stated miners homestead under the Land Act 1994 , chapter 8 , part 7 , division 2 ; or\n- (b) a stated lease or a stated class of lease under the Land Act 1994 .","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Relationship with Fair Trading Inspectors Act 2014","content":"### sec.5 Relationship with Fair Trading Inspectors Act 2014\n\nThe Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\nUnless this Act otherwise provides in relation to the FTI Act , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.\nIn this section—\ninspector means a person who holds office under the FTI Act as an inspector for this Act.\ns 5 prev s 5 amd 1993 No. 82 s 3 sch 1 ; 1997 No. 40 s 5\nom 2014 No. 46 s 39\npres s 5 (prev s 5A) ins 2014 No. 8 s 129\nrenum 2014 No. 46 s 40\n(sec.5-ssec.1) The Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\n(sec.5-ssec.2) Unless this Act otherwise provides in relation to the FTI Act , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.\n(sec.5-ssec.3) In this section— inspector means a person who holds office under the FTI Act as an inspector for this Act.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 1 defines particular terms used in this Act.\ns 6 amd 1997 No. 40 s 6 (7) – (13) ; 1999 No. 63 s 71 (1) ; 2014 No. 46 s 41 (3) – (4)\nNote—prev s 6 contained definitions for this Act. Definitions are now located in schedule 1 (Dictionary). Annotations for definitions contained in prev s 6 are located in annotations for sch 1.","sortOrder":6},{"sectionNumber":"sec.6A","sectionType":"section","heading":null,"content":"### Section sec.6A\n\ns 6A (prev) s 6(2)–(3) renum 1999 No. 63 s 71 (6), (9)\namd 1999 No. 63 s 71 (7) – (8)\nom 2014 No. 46 s 42","sortOrder":7},{"sectionNumber":"pt.2","sectionType":"part","heading":"Sale of proposed lots","content":"# Sale of proposed lots","sortOrder":8},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"References to things done by or in relation to buyer or seller","content":"### sec.7 References to things done by or in relation to buyer or seller\n\nThis section applies in relation to a provision of this part that refers to—\na thing required or permitted to be done by or in relation to a buyer or seller of a lot or proposed lot; or\na thing having been done by or in relation to a buyer or seller of a lot or proposed lot.\nThe thing may be done, or the thing may have been done, by or in relation to the buyer or seller either—\npersonally; or\nthrough an agent who is authorised to act for the buyer or seller in relation to the thing.\ns 7 prev s 7 amd 1985 No. 105 s 5 ; 1995 No. 58 s 4 sch 1\nom 1997 No. 40 s 8\npres s 7 ins 2014 No. 46 s 43\n(sec.7-ssec.1) This section applies in relation to a provision of this part that refers to— a thing required or permitted to be done by or in relation to a buyer or seller of a lot or proposed lot; or a thing having been done by or in relation to a buyer or seller of a lot or proposed lot.\n(sec.7-ssec.2) The thing may be done, or the thing may have been done, by or in relation to the buyer or seller either— personally; or through an agent who is authorised to act for the buyer or seller in relation to the thing.\n- (a) a thing required or permitted to be done by or in relation to a buyer or seller of a lot or proposed lot; or\n- (b) a thing having been done by or in relation to a buyer or seller of a lot or proposed lot.\n- (a) personally; or\n- (b) through an agent who is authorised to act for the buyer or seller in relation to the thing.","sortOrder":10},{"sectionNumber":"sec.7A","sectionType":"section","heading":null,"content":"### Section sec.7A\n\ns 7A ins 1992 No. 40 s 124\nsub 1993 No. 82 s 35\namd 1997 No. 40 s 9\nom 2014 No. 46 s 43","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Restriction on selling State leasehold land","content":"### sec.8 Restriction on selling State leasehold land\n\nA person may sell a proposed lot that is State leasehold land, other than a development lease, only if—\nthe chief executive under the Land Act 1994 has made a subdivision offer for the proposed subdivision of the lot under section 176A of that Act; and\nthe lessee of the land has accepted the subdivision offer under the Land Act 1994 .\nSee the Land Act 1994 , section 403T for requirements for acceptance of offers under that Act.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nA person may sell a proposed lot that is a development lease only if the Minister has consented, under the Land Act 1994 , section 290J , to a plan of subdivision for the development lease dividing the development lease into proposed lots.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nA contract for the sale of a proposed lot entered into in contravention of subsection (1) or (2) is void.\nAny person who paid an amount under a contract mentioned in subsection (3) may recover the amount, together with any interest accrued on the amount since it was paid, as a debt from the person to whom the amount was paid.\nIn this section—\ndevelopment lease means an existing development lease issued under the Land Act 1962 , part 9 , division 1 that is taken to be a term lease under the Land Act 1994 , section 476 .\ns 8 amd 1985 No. 43 s 6 ; 1985 No. 105 s 6 ; 1992 No. 40 s 125 ; 1993 No. 82 s 3 sch 1 ; 1997 No. 40 s 10 ; 2003 No. 64 s 123 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 44 s 12 ; 2012 No. 43 s 221 sch 1\nsub 2014 No. 46 s 43\namd 2023 No. 2 s 108 sch 1\n(sec.8-ssec.1) A person may sell a proposed lot that is State leasehold land, other than a development lease, only if— the chief executive under the Land Act 1994 has made a subdivision offer for the proposed subdivision of the lot under section 176A of that Act; and the lessee of the land has accepted the subdivision offer under the Land Act 1994 . See the Land Act 1994 , section 403T for requirements for acceptance of offers under that Act. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.8-ssec.2) A person may sell a proposed lot that is a development lease only if the Minister has consented, under the Land Act 1994 , section 290J , to a plan of subdivision for the development lease dividing the development lease into proposed lots. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.8-ssec.3) A contract for the sale of a proposed lot entered into in contravention of subsection (1) or (2) is void.\n(sec.8-ssec.4) Any person who paid an amount under a contract mentioned in subsection (3) may recover the amount, together with any interest accrued on the amount since it was paid, as a debt from the person to whom the amount was paid.\n(sec.8-ssec.5) In this section— development lease means an existing development lease issued under the Land Act 1962 , part 9 , division 1 that is taken to be a term lease under the Land Act 1994 , section 476 .\n- (a) the chief executive under the Land Act 1994 has made a subdivision offer for the proposed subdivision of the lot under section 176A of that Act; and\n- (b) the lessee of the land has accepted the subdivision offer under the Land Act 1994 . Note— See the Land Act 1994 , section 403T for requirements for acceptance of offers under that Act.","sortOrder":12},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Disclosure requirements","content":"## Disclosure requirements","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of div 2 if option granted","content":"### sec.9 Application of div 2 if option granted\n\nSection 10 , as modified by this section, applies if a person grants an option (the option ) to another person—\nto purchase a proposed lot; or\nto sell a proposed lot.\nFor subsection (1) —\nsection 10 (1) requires the seller to give the documents mentioned in section 10 (1) (a) or (b) to the buyer in relation to the option as if a reference to a contract for the sale of a proposed lot being entered into were a reference to an option to purchase or sell the proposed lot being granted; and\nany right of termination under section 10 relating to the giving of the documents applies in relation to—\nthe option; and\na contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.\nIf the seller and buyer enter into a contract for the sale to the buyer of the proposed lot arising from the option, section 10 (1) does not require the seller to give the documents to the buyer.\nIf the buyer is not a party to the contract for the sale of the proposed lot arising from the option, the seller must comply with section 10 before entering into the contract for the sale.\nIn this section—\nbuyer means the person who is granted an option to purchase, or grants an option to sell, the proposed lot.\nseller means the person who grants an option to purchase, or is granted an option to sell, the proposed lot.\ns 9 amd 1985 No. 105 s 7 ; 1997 No. 40 s 11 ; 1999 No. 63 s 72 ; 2003 No. 64 s 124 ; 2003 No. 70 s 206 sch 2 ; 2005 No. 14 s 2 sch ; 2009 No. 36 s 872 sch 2 ; 2011 No. 44 s 13 ; 2012 No. 43 s 221 sch 1\nsub 2014 No. 46 s 43\n(sec.9-ssec.1) Section 10 , as modified by this section, applies if a person grants an option (the option ) to another person— to purchase a proposed lot; or to sell a proposed lot.\n(sec.9-ssec.2) For subsection (1) — section 10 (1) requires the seller to give the documents mentioned in section 10 (1) (a) or (b) to the buyer in relation to the option as if a reference to a contract for the sale of a proposed lot being entered into were a reference to an option to purchase or sell the proposed lot being granted; and any right of termination under section 10 relating to the giving of the documents applies in relation to— the option; and a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.\n(sec.9-ssec.3) If the seller and buyer enter into a contract for the sale to the buyer of the proposed lot arising from the option, section 10 (1) does not require the seller to give the documents to the buyer.\n(sec.9-ssec.4) If the buyer is not a party to the contract for the sale of the proposed lot arising from the option, the seller must comply with section 10 before entering into the contract for the sale.\n(sec.9-ssec.5) In this section— buyer means the person who is granted an option to purchase, or grants an option to sell, the proposed lot. seller means the person who grants an option to purchase, or is granted an option to sell, the proposed lot.\n- (a) to purchase a proposed lot; or\n- (b) to sell a proposed lot.\n- (a) section 10 (1) requires the seller to give the documents mentioned in section 10 (1) (a) or (b) to the buyer in relation to the option as if a reference to a contract for the sale of a proposed lot being entered into were a reference to an option to purchase or sell the proposed lot being granted; and\n- (b) any right of termination under section 10 relating to the giving of the documents applies in relation to— (i) the option; and (ii) a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.\n- (i) the option; and\n- (ii) a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.\n- (i) the option; and\n- (ii) a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Documents to be given by seller to buyer","content":"### sec.10 Documents to be given by seller to buyer\n\nThe seller of a proposed lot must give the proposed buyer of the lot, before the proposed buyer enters into a contract for the sale of the lot—\na disclosure plan and disclosure statement for the proposed lot; or\na copy of the plan of survey for the proposed lot approved by the relevant local government under the Planning Act or by MEDQ under the Economic Development Act .\nThe seller of a proposed lot does not fail to give the buyer a disclosure plan or disclosure statement under subsection (1) (a) merely because the plan or statement, although substantially complete as at the day the contract is entered into, contains inaccuracies.\nIf the seller of a proposed lot fails to comply with subsection (1) , the buyer may terminate the contract for the sale of the lot by written notice given to the seller before the contract is settled.\nIn this section—\ndisclosure plan means a disclosure plan complying with section 11 .\ndisclosure statement means a disclosure statement complying with section 12 .\ns 10 amd 1985 No. 43 s 7\nsub 1985 No. 105 s 8\namd 1992 No. 40 s 126 ; 1992 No. 64 s 3 sch 1\nsub 1997 No. 40 s 12\namd 1999 No. 63 s 73 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 44 s 14 ; 2012 No. 43 s 221 sch 1\nsub 2014 No. 46 s 43\n(sec.10-ssec.1) The seller of a proposed lot must give the proposed buyer of the lot, before the proposed buyer enters into a contract for the sale of the lot— a disclosure plan and disclosure statement for the proposed lot; or a copy of the plan of survey for the proposed lot approved by the relevant local government under the Planning Act or by MEDQ under the Economic Development Act .\n(sec.10-ssec.2) The seller of a proposed lot does not fail to give the buyer a disclosure plan or disclosure statement under subsection (1) (a) merely because the plan or statement, although substantially complete as at the day the contract is entered into, contains inaccuracies.\n(sec.10-ssec.3) If the seller of a proposed lot fails to comply with subsection (1) , the buyer may terminate the contract for the sale of the lot by written notice given to the seller before the contract is settled.\n(sec.10-ssec.4) In this section— disclosure plan means a disclosure plan complying with section 11 . disclosure statement means a disclosure statement complying with section 12 .\n- (a) a disclosure plan and disclosure statement for the proposed lot; or\n- (b) a copy of the plan of survey for the proposed lot approved by the relevant local government under the Planning Act or by MEDQ under the Economic Development Act .","sortOrder":15},{"sectionNumber":"sec.10A","sectionType":"section","heading":null,"content":"### Section sec.10A\n\ns 10A ins 1997 No. 40 s 12\namd 1999 No. 63 s 74 ; 2003 No. 64 s 125 ; 2003 No. 70 s 206 sch 2 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 44 s 15 ; 2012 No. 43 s 221 sch 1\nom 2014 No. 46 s 43","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Requirements for disclosure plan","content":"### sec.11 Requirements for disclosure plan\n\nA disclosure plan may comprise 1 or more documents and must include—\nfor a proposed lot intended to be a volumetric format lot—the volumetric format lot particulars for the lot; or\nfor a proposed lot intended to be a standard format lot—the relevant lot particulars for the lot.\nA disclosure plan must be prepared by a cadastral surveyor.\na draft plan of survey\nThe disclosure plan must be substantially complete.\nIn this section—\nappropriate contour intervals means contour intervals of not more than—\nfor a proposed lot of not more than 2,000m 2 —50cm in height; or\nfor a proposed lot of more than 2,000m 2 —1m in height.\nexisting surface contours , of a proposed lot for which there is no operational work, means the surface contours of the lot at the time the disclosure plan for the lot is prepared.\nrelevant lot particulars , for a proposed lot intended to be a standard format lot, means the following—\nthe proposed number of the lot;\nthe total area of the lot;\na description of the dimensions of the lot as bearings and distances;\nidentification of the proposed orientation of the lot by reference to north;\nif there is operational work for the lot—\ncontour maps of the lot showing the surface contours, with appropriate contour intervals, as at the completion of the work; and\nthe location of any retaining walls forming part of the work; and\nthe height of any retaining walls forming part of the work or, if the height varies across the length of the wall, the height of the lowest and highest points of the wall and the average height of the wall; and\nthe following information about any fill that is part of the work—\nthe depth of the fill;\nwhether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out;\nif the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard.\nif there is no operational work for the lot—contour maps of the lot showing the existing surface contours, with appropriate contour intervals.\nstandard format lot see the Land Title Act 1994 , schedule 2 .\nvolumetric format lot see the Land Title Act 1994 , schedule 2 .\nvolumetric format lot particulars , for a proposed lot intended to be a volumetric format lot, means the following—\nthe proposed number of the lot;\nan isometric representation of the lot;\nthe area of the projected footprint of the lot;\nthe level of the ground surface in approximate values for illustrating the location of the lot in relation to that level;\nidentification of the proposed orientation of the lot by reference to north;\nif the lot is proposed to contain a building or be located in a building—the floor level on which the lot is proposed to be located.\ns 11 amd 1985 No. 43 s 8 ; 1985 No. 105 s 9 ; 1995 No. 58 s 4 sch 1 ; 1996 No. 56 s 123 ; 1997 No. 40 s 13 ; 2000 No. 62 s 601 sch 2 ; 2004 No. 11 s 596 sch 1 ; 2007 No. 24 s 770 sch 1 ; 2014 No. 22 s 287 sch 2 pt 2\nsub 2014 No. 46 s 43\n(sec.11-ssec.1) A disclosure plan may comprise 1 or more documents and must include— for a proposed lot intended to be a volumetric format lot—the volumetric format lot particulars for the lot; or for a proposed lot intended to be a standard format lot—the relevant lot particulars for the lot.\n(sec.11-ssec.2) A disclosure plan must be prepared by a cadastral surveyor. a draft plan of survey\n(sec.11-ssec.3) The disclosure plan must be substantially complete.\n(sec.11-ssec.4) In this section— appropriate contour intervals means contour intervals of not more than— for a proposed lot of not more than 2,000m 2 —50cm in height; or for a proposed lot of more than 2,000m 2 —1m in height. existing surface contours , of a proposed lot for which there is no operational work, means the surface contours of the lot at the time the disclosure plan for the lot is prepared. relevant lot particulars , for a proposed lot intended to be a standard format lot, means the following— the proposed number of the lot; the total area of the lot; a description of the dimensions of the lot as bearings and distances; identification of the proposed orientation of the lot by reference to north; if there is operational work for the lot— contour maps of the lot showing the surface contours, with appropriate contour intervals, as at the completion of the work; and the location of any retaining walls forming part of the work; and the height of any retaining walls forming part of the work or, if the height varies across the length of the wall, the height of the lowest and highest points of the wall and the average height of the wall; and the following information about any fill that is part of the work— the depth of the fill; whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out; if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard. if there is no operational work for the lot—contour maps of the lot showing the existing surface contours, with appropriate contour intervals. standard format lot see the Land Title Act 1994 , schedule 2 . volumetric format lot see the Land Title Act 1994 , schedule 2 . volumetric format lot particulars , for a proposed lot intended to be a volumetric format lot, means the following— the proposed number of the lot; an isometric representation of the lot; the area of the projected footprint of the lot; the level of the ground surface in approximate values for illustrating the location of the lot in relation to that level; identification of the proposed orientation of the lot by reference to north; if the lot is proposed to contain a building or be located in a building—the floor level on which the lot is proposed to be located.\n- (a) for a proposed lot intended to be a volumetric format lot—the volumetric format lot particulars for the lot; or\n- (b) for a proposed lot intended to be a standard format lot—the relevant lot particulars for the lot.\n- (a) for a proposed lot of not more than 2,000m 2 —50cm in height; or\n- (b) for a proposed lot of more than 2,000m 2 —1m in height.\n- (a) the proposed number of the lot;\n- (b) the total area of the lot;\n- (c) a description of the dimensions of the lot as bearings and distances;\n- (d) identification of the proposed orientation of the lot by reference to north;\n- (e) if there is operational work for the lot— (i) contour maps of the lot showing the surface contours, with appropriate contour intervals, as at the completion of the work; and (ii) the location of any retaining walls forming part of the work; and (iii) the height of any retaining walls forming part of the work or, if the height varies across the length of the wall, the height of the lowest and highest points of the wall and the average height of the wall; and (iv) the following information about any fill that is part of the work— (A) the depth of the fill; (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out; (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard.\n- (i) contour maps of the lot showing the surface contours, with appropriate contour intervals, as at the completion of the work; and\n- (ii) the location of any retaining walls forming part of the work; and\n- (iii) the height of any retaining walls forming part of the work or, if the height varies across the length of the wall, the height of the lowest and highest points of the wall and the average height of the wall; and\n- (iv) the following information about any fill that is part of the work— (A) the depth of the fill; (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out; (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard.\n- (A) the depth of the fill;\n- (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out;\n- (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard.\n- (f) if there is no operational work for the lot—contour maps of the lot showing the existing surface contours, with appropriate contour intervals.\n- (i) contour maps of the lot showing the surface contours, with appropriate contour intervals, as at the completion of the work; and\n- (ii) the location of any retaining walls forming part of the work; and\n- (iii) the height of any retaining walls forming part of the work or, if the height varies across the length of the wall, the height of the lowest and highest points of the wall and the average height of the wall; and\n- (iv) the following information about any fill that is part of the work— (A) the depth of the fill; (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out; (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard.\n- (A) the depth of the fill;\n- (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out;\n- (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard.\n- (A) the depth of the fill;\n- (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out;\n- (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard.\n- (a) the proposed number of the lot;\n- (b) an isometric representation of the lot;\n- (c) the area of the projected footprint of the lot;\n- (d) the level of the ground surface in approximate values for illustrating the location of the lot in relation to that level;\n- (e) identification of the proposed orientation of the lot by reference to north;\n- (f) if the lot is proposed to contain a building or be located in a building—the floor level on which the lot is proposed to be located.","sortOrder":17},{"sectionNumber":"sec.11A","sectionType":"section","heading":null,"content":"### Section sec.11A\n\ns 11A ins 1997 No. 40 s 14\nom 2014 No. 46 s 43","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Requirements for disclosure statement","content":"### sec.12 Requirements for disclosure statement\n\nA disclosure statement for a proposed lot must be signed by the seller and state the following—\nthat the seller has given the buyer a disclosure plan for the proposed lot under section 10 ;\nwhether a development approval has been granted for—\nreconfiguring a lot for the proposed lot; or\nany operational work for the proposed lot;\nthat the seller must—\nsettle the contract for the sale of the proposed lot not later than 18 months after the buyer enters into the contract for the sale of the lot; and\ngive any other documents required to be given to the buyer under section 14 (3) at least 14 days before the contract is settled.\nThe disclosure statement must be substantially complete.\nIn this section—\ndevelopment approval means—\na development approval under the Planning Act ; or\na PDA development approval under the Economic Development Act .\ns 12 amd 1985 No. 43 s 9\nsub 1985 No. 105 s 10\namd 1996 No. 56 s 124 ; 1997 No. 40 s 15 ; 2007 No. 24 s 770 sch 1\nsub 2014 No. 46 s 43\namd 2016 No. 27 s 287\n(sec.12-ssec.1) A disclosure statement for a proposed lot must be signed by the seller and state the following— that the seller has given the buyer a disclosure plan for the proposed lot under section 10 ; whether a development approval has been granted for— reconfiguring a lot for the proposed lot; or any operational work for the proposed lot; that the seller must— settle the contract for the sale of the proposed lot not later than 18 months after the buyer enters into the contract for the sale of the lot; and give any other documents required to be given to the buyer under section 14 (3) at least 14 days before the contract is settled.\n(sec.12-ssec.2) The disclosure statement must be substantially complete.\n(sec.12-ssec.3) In this section— development approval means— a development approval under the Planning Act ; or a PDA development approval under the Economic Development Act .\n- (a) that the seller has given the buyer a disclosure plan for the proposed lot under section 10 ;\n- (b) whether a development approval has been granted for— (i) reconfiguring a lot for the proposed lot; or (ii) any operational work for the proposed lot;\n- (i) reconfiguring a lot for the proposed lot; or\n- (ii) any operational work for the proposed lot;\n- (c) that the seller must— (i) settle the contract for the sale of the proposed lot not later than 18 months after the buyer enters into the contract for the sale of the lot; and (ii) give any other documents required to be given to the buyer under section 14 (3) at least 14 days before the contract is settled.\n- (i) settle the contract for the sale of the proposed lot not later than 18 months after the buyer enters into the contract for the sale of the lot; and\n- (ii) give any other documents required to be given to the buyer under section 14 (3) at least 14 days before the contract is settled.\n- (i) reconfiguring a lot for the proposed lot; or\n- (ii) any operational work for the proposed lot;\n- (i) settle the contract for the sale of the proposed lot not later than 18 months after the buyer enters into the contract for the sale of the lot; and\n- (ii) give any other documents required to be given to the buyer under section 14 (3) at least 14 days before the contract is settled.\n- (a) a development approval under the Planning Act ; or\n- (b) a PDA development approval under the Economic Development Act .","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Variation of disclosure plan by further statement","content":"### sec.13 Variation of disclosure plan by further statement\n\nThis section applies if the contract for the sale of a proposed lot has not been settled and—\nthe seller becomes aware that information in the disclosure plan was inaccurate as at the day the contract was entered into; or\nthe disclosure plan would not be accurate if now given as a disclosure plan.\nThe seller must, at least 21 days before the contract is settled, give the buyer a further document (the further statement )—\nrectifying the information in the disclosure plan; and\nexplaining, in plain English, the differences between the information in the disclosure plan and the information in the further statement.\nThe depth of fill required for the lot has changed from that disclosed in the disclosure plan. The further statement must rectify the information by indicating the new depth of fill and explain, in plain English, that the depth of fill has changed and identify what the new depth of fill is.\nThe further statement must be—\nsigned by the seller; and\nprepared by a cadastral surveyor.\nThe buyer may terminate the contract if—\nit has not already been settled; and\nthe buyer would be materially prejudiced, if compelled to complete the contract, given the extent to which the disclosure plan was, or has become, inaccurate; and\nthe termination is effected by written notice given to the seller within 21 days, or a longer period agreed between the buyer and seller, after the seller gives the buyer the further statement.\nSubsections (1) to (4) continue to apply after the further statement is given on the basis that the disclosure plan is taken to be constituted by the disclosure plan and any further statement.\nIf the seller fails to comply with this section, the buyer may terminate the contract by written notice given to the seller if—\nthe contract has not already been settled; and\nthe buyer would be materially prejudiced, if compelled to complete the contract, given the extent to which the disclosure statement was, or has become, inaccurate.\ns 13 prev s 13 amd 1985 No. 43 s 10 ; 1985 No. 105 s 11\nom 1997 No. 40 s 16\npres s 13 ins 2014 No. 46 s 43\n(sec.13-ssec.1) This section applies if the contract for the sale of a proposed lot has not been settled and— the seller becomes aware that information in the disclosure plan was inaccurate as at the day the contract was entered into; or the disclosure plan would not be accurate if now given as a disclosure plan.\n(sec.13-ssec.2) The seller must, at least 21 days before the contract is settled, give the buyer a further document (the further statement )— rectifying the information in the disclosure plan; and explaining, in plain English, the differences between the information in the disclosure plan and the information in the further statement. The depth of fill required for the lot has changed from that disclosed in the disclosure plan. The further statement must rectify the information by indicating the new depth of fill and explain, in plain English, that the depth of fill has changed and identify what the new depth of fill is.\n(sec.13-ssec.3) The further statement must be— signed by the seller; and prepared by a cadastral surveyor.\n(sec.13-ssec.4) The buyer may terminate the contract if— it has not already been settled; and the buyer would be materially prejudiced, if compelled to complete the contract, given the extent to which the disclosure plan was, or has become, inaccurate; and the termination is effected by written notice given to the seller within 21 days, or a longer period agreed between the buyer and seller, after the seller gives the buyer the further statement.\n(sec.13-ssec.5) Subsections (1) to (4) continue to apply after the further statement is given on the basis that the disclosure plan is taken to be constituted by the disclosure plan and any further statement.\n(sec.13-ssec.6) If the seller fails to comply with this section, the buyer may terminate the contract by written notice given to the seller if— the contract has not already been settled; and the buyer would be materially prejudiced, if compelled to complete the contract, given the extent to which the disclosure statement was, or has become, inaccurate.\n- (a) the seller becomes aware that information in the disclosure plan was inaccurate as at the day the contract was entered into; or\n- (b) the disclosure plan would not be accurate if now given as a disclosure plan.\n- (a) rectifying the information in the disclosure plan; and\n- (b) explaining, in plain English, the differences between the information in the disclosure plan and the information in the further statement.\n- (a) signed by the seller; and\n- (b) prepared by a cadastral surveyor.\n- (a) it has not already been settled; and\n- (b) the buyer would be materially prejudiced, if compelled to complete the contract, given the extent to which the disclosure plan was, or has become, inaccurate; and\n- (c) the termination is effected by written notice given to the seller within 21 days, or a longer period agreed between the buyer and seller, after the seller gives the buyer the further statement.\n- (a) the contract has not already been settled; and\n- (b) the buyer would be materially prejudiced, if compelled to complete the contract, given the extent to which the disclosure statement was, or has become, inaccurate.","sortOrder":20},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Settlements","content":"## Settlements","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"Settlement and documents to be given before settlement","content":"### sec.14 Settlement and documents to be given before settlement\n\nThe seller of a proposed lot must settle the contract for the sale of the lot not later than 18 months after the buyer enters into the contract for the sale of the lot.\nSubsection (3) applies if the seller of a proposed lot does not give the buyer a copy of the plan of survey for the proposed lot, approved by the relevant local government under the Planning Act or by MEDQ under the Economic Development Act , before the buyer enters the contract for the sale of the lot.\nThe seller must give the buyer of the proposed lot, at least 14 days before the contract is settled—\na copy of the plan of survey for the lot registered under the Land Act 1994 or Land Title Act 1994 ( registered plan ); and\na statement prepared by a cadastral surveyor to the effect that there are no differences between the information contained in the registered plan and the information contained in the disclosure plan for the lot given to the buyer under section 10 .\nFor subsection (3) (b) , if the information contained in the disclosure plan is rectified by a further statement given to the buyer under section 13 , the reference to the information contained in the disclosure plan means the information as rectified.\nIf the seller fails to comply with subsection (1) or (3) , other than because of the buyer’s default, the buyer may terminate the contract for the sale of the proposed lot by written notice given to the seller before the contract is settled.\ns 14 prev s 14 sub 1985 No. 43 s 11\namd 1985 No. 105 s 12\nom 1997 No. 40 s 16\namd 1997 No. 82 s 3 sch (amdt inoperative as prov previously om)\npres s 14 ins 2014 No. 46 s 43\n(sec.14-ssec.1) The seller of a proposed lot must settle the contract for the sale of the lot not later than 18 months after the buyer enters into the contract for the sale of the lot.\n(sec.14-ssec.2) Subsection (3) applies if the seller of a proposed lot does not give the buyer a copy of the plan of survey for the proposed lot, approved by the relevant local government under the Planning Act or by MEDQ under the Economic Development Act , before the buyer enters the contract for the sale of the lot.\n(sec.14-ssec.3) The seller must give the buyer of the proposed lot, at least 14 days before the contract is settled— a copy of the plan of survey for the lot registered under the Land Act 1994 or Land Title Act 1994 ( registered plan ); and a statement prepared by a cadastral surveyor to the effect that there are no differences between the information contained in the registered plan and the information contained in the disclosure plan for the lot given to the buyer under section 10 .\n(sec.14-ssec.4) For subsection (3) (b) , if the information contained in the disclosure plan is rectified by a further statement given to the buyer under section 13 , the reference to the information contained in the disclosure plan means the information as rectified.\n(sec.14-ssec.5) If the seller fails to comply with subsection (1) or (3) , other than because of the buyer’s default, the buyer may terminate the contract for the sale of the proposed lot by written notice given to the seller before the contract is settled.\n- (a) a copy of the plan of survey for the lot registered under the Land Act 1994 or Land Title Act 1994 ( registered plan ); and\n- (b) a statement prepared by a cadastral surveyor to the effect that there are no differences between the information contained in the registered plan and the information contained in the disclosure plan for the lot given to the buyer under section 10 .","sortOrder":22},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Amounts held in trust accounts","content":"## Amounts held in trust accounts","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Definitions for div 4","content":"### sec.15 Definitions for div 4\n\nIn this division—\nprescribed trust account , for a recognised entity, means—\nif the recognised entity is a law practice—a trust account kept by the practice under the Legal Profession Act 2007 ; or\nif the recognised entity is the public trustee—a common fund held by the public trustee under the Public Trustee Act 1978 ; or\nif the recognised entity is a real estate agent—a trust account kept by the agent under the Agents Financial Administration Act 2014 .\nrecognised entity means any of the following—\na law practice;\nthe public trustee;\na real estate agent.\ns 15 prev s 15 amd 1985 No. 43 s 12 ; 1985 No. 105 s 13\nom 1997 No. 40 s 16\npres s 15 ins 2014 No. 46 s 43\n- (a) if the recognised entity is a law practice—a trust account kept by the practice under the Legal Profession Act 2007 ; or\n- (b) if the recognised entity is the public trustee—a common fund held by the public trustee under the Public Trustee Act 1978 ; or\n- (c) if the recognised entity is a real estate agent—a trust account kept by the agent under the Agents Financial Administration Act 2014 .\n- (a) a law practice;\n- (b) the public trustee;\n- (c) a real estate agent.","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Payment of particular amounts","content":"### sec.16 Payment of particular amounts\n\nThis division applies to the following amounts—\nan amount paid towards the purchase of a proposed lot under a contract for the sale of the lot (other than an amount paid at settlement);\nan amount paid under another instrument (whether legally binding or not) relating to the sale of a proposed lot.\nan option to purchase\nan instrument providing for an expression of interest\ns 16 prev s 16 om 1985 No. 105 s 14\npres s 16 ins 2014 No. 46 s 43\n- (a) an amount paid towards the purchase of a proposed lot under a contract for the sale of the lot (other than an amount paid at settlement);\n- (b) an amount paid under another instrument (whether legally binding or not) relating to the sale of a proposed lot. Examples of instruments for paragraph (b) — • an option to purchase • an instrument providing for an expression of interest\n- • an option to purchase\n- • an instrument providing for an expression of interest\n- • an option to purchase\n- • an instrument providing for an expression of interest","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Amounts paid under s 16 to be held in prescribed trust account","content":"### sec.17 Amounts paid under s 16 to be held in prescribed trust account\n\nThe person to whom the amount is paid must pay the amount directly to—\nif the contract or instrument states the amount is to be paid to either of the following recognised entities, the recognised entity—\na law practice at its office in Queensland;\na real estate agent carrying on the business of a real estate agent; or\nif paragraph (a) does not apply, the public trustee.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nAn amount paid to a recognised entity mentioned in subsection (1) (a) or (b) must be—\nheld by the entity in a prescribed trust account; and\ndealt with by the entity in accordance with this division and the law governing the operation of the entity’s prescribed trust account.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nAn amount paid to a law practice under this section is taken to be trust money under the Legal Profession Act 2007 , part 3.3 .\ns 17 sub 2014 No. 46 s 43\n(sec.17-ssec.1) The person to whom the amount is paid must pay the amount directly to— if the contract or instrument states the amount is to be paid to either of the following recognised entities, the recognised entity— a law practice at its office in Queensland; a real estate agent carrying on the business of a real estate agent; or if paragraph (a) does not apply, the public trustee. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.17-ssec.2) An amount paid to a recognised entity mentioned in subsection (1) (a) or (b) must be— held by the entity in a prescribed trust account; and dealt with by the entity in accordance with this division and the law governing the operation of the entity’s prescribed trust account. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.17-ssec.3) An amount paid to a law practice under this section is taken to be trust money under the Legal Profession Act 2007 , part 3.3 .\n- (a) if the contract or instrument states the amount is to be paid to either of the following recognised entities, the recognised entity— (i) a law practice at its office in Queensland; (ii) a real estate agent carrying on the business of a real estate agent; or\n- (i) a law practice at its office in Queensland;\n- (ii) a real estate agent carrying on the business of a real estate agent; or\n- (b) if paragraph (a) does not apply, the public trustee.\n- (i) a law practice at its office in Queensland;\n- (ii) a real estate agent carrying on the business of a real estate agent; or\n- (a) held by the entity in a prescribed trust account; and\n- (b) dealt with by the entity in accordance with this division and the law governing the operation of the entity’s prescribed trust account.","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Disposal of amount held in prescribed trust account","content":"### sec.18 Disposal of amount held in prescribed trust account\n\nA recognised entity that is paid an amount under section 17 (1) must hold the amount in the entity’s prescribed trust account until a party to the contract or instrument becomes entitled, under this part or otherwise according to law, to a repayment or payment of the amount.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nOn a party becoming entitled to a repayment or payment of the amount, the recognised entity must dispose of the amount in accordance with the law governing the operation of the entity’s prescribed trust account.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nSubsections (1) and (2) apply despite anything in the contract or instrument under which the amount was paid to the recognised entity.\nSee also section 22 , which prohibits contracting out of a provision of this Act.\ns 18 sub 1985 No. 105 s 15\namd 1992 No. 40 s 127 ; 1994 No. 81 s 527 sch 5 ; 1995 No. 58 s 4 sch 1 ; 1997 No. 40 s 17\nsub 2014 No. 46 s 43\namd 2023 No. 29 s 49\n(sec.18-ssec.1) A recognised entity that is paid an amount under section 17 (1) must hold the amount in the entity’s prescribed trust account until a party to the contract or instrument becomes entitled, under this part or otherwise according to law, to a repayment or payment of the amount. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.18-ssec.2) On a party becoming entitled to a repayment or payment of the amount, the recognised entity must dispose of the amount in accordance with the law governing the operation of the entity’s prescribed trust account. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.18-ssec.3) Subsections (1) and (2) apply despite anything in the contract or instrument under which the amount was paid to the recognised entity. See also section 22 , which prohibits contracting out of a provision of this Act.","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Investment of amount held in prescribed trust account","content":"### sec.19 Investment of amount held in prescribed trust account\n\nA recognised entity that holds an amount paid under section 17 (1) in a prescribed trust account may invest the amount if—\neither of the following applies—\nthe contract or instrument authorises the investment;\nthe parties to the contract or instrument give the entity their consent to the investment by signed written notice; and\nthe investment is carried out in accordance with the law governing the operation of the prescribed trust account.\nAn amount invested as mentioned in subsection (1) is taken to be an amount in the prescribed trust account.\nAny proceeds of an investment of an amount as mentioned in subsection (1) must be paid into the prescribed trust account, unless the proceeds are further invested as mentioned in subsection (1) .\nMaximum penalty for subsection (3) —200 penalty units or 1 year’s imprisonment.\ns 19 amd 1985 No. 43 s 13 ; 1985 No. 105 s 16 ; 1991 No. 42 s 3 sch ; 1992 No. 40 s 128 ; 1992 No. 68 s 3 sch 2 ; 1995 No. 58 s 4 sch 1 ; 1996 No. 56 s 125 ; 1997 No. 40 s 18\nsub 2014 No. 46 s 43\n(sec.19-ssec.1) A recognised entity that holds an amount paid under section 17 (1) in a prescribed trust account may invest the amount if— either of the following applies— the contract or instrument authorises the investment; the parties to the contract or instrument give the entity their consent to the investment by signed written notice; and the investment is carried out in accordance with the law governing the operation of the prescribed trust account.\n(sec.19-ssec.2) An amount invested as mentioned in subsection (1) is taken to be an amount in the prescribed trust account.\n(sec.19-ssec.3) Any proceeds of an investment of an amount as mentioned in subsection (1) must be paid into the prescribed trust account, unless the proceeds are further invested as mentioned in subsection (1) . Maximum penalty for subsection (3) —200 penalty units or 1 year’s imprisonment.\n- (a) either of the following applies— (i) the contract or instrument authorises the investment; (ii) the parties to the contract or instrument give the entity their consent to the investment by signed written notice; and\n- (i) the contract or instrument authorises the investment;\n- (ii) the parties to the contract or instrument give the entity their consent to the investment by signed written notice; and\n- (b) the investment is carried out in accordance with the law governing the operation of the prescribed trust account.\n- (i) the contract or instrument authorises the investment;\n- (ii) the parties to the contract or instrument give the entity their consent to the investment by signed written notice; and","sortOrder":28},{"sectionNumber":"pt.2-div.4A","sectionType":"division","heading":"Off-the-plan contracts—sunset clauses","content":"## Off-the-plan contracts—sunset clauses","sortOrder":29},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Application of division","content":"### sec.19A Application of division\n\nThis division applies if a buyer and seller enter into an off-the-plan contract and the contract includes a sunset clause.\ns 19A ins 2023 No. 29 s 50","sortOrder":30},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Definitions for division","content":"### sec.19B Definitions for division\n\nIn this division—\noff-the-plan contract means—\na contract for the sale of a proposed lot; or\na contract that grants a person an option to purchase a proposed lot.\nregistrar means the registrar of titles under the Land Title Act 1994 , schedule 2 .\nrelevant event , for an off-the-plan contract, means—\nthe registration by the registrar of the plan of subdivision for the proposed lot the subject of the contract; or\nthe creation by the registrar of a separate indefeasible title for the proposed lot the subject of the contract; or\nsettlement of the contract; or\nanother event prescribed by regulation as a relevant event.\nsunset clause , for an off-the-plan contract, means a term of the contract that provides for the contract to be terminated if a relevant event does not happen by the sunset date.\nsunset date , for an off-the-plan contract, means—\nfor a relevant event other than settlement of the contract—\nthe day on or by which the relevant event for the contract must happen; or\nif the contract provides for the parties to the contract to extend the day mentioned in paragraph (i) to a later day—the later day; or\nfor a relevant event that is settlement of the contract, the day that is—\nthe day the seller must settle the contract; or\nif the buyer does not terminate the contract under section 14 (5) and the parties agree on another date (the later settlement day ) on which the seller must settle the contract—the later settlement day.\ns 19B ins 2023 No. 29 s 50\n- (a) a contract for the sale of a proposed lot; or\n- (b) a contract that grants a person an option to purchase a proposed lot.\n- (a) the registration by the registrar of the plan of subdivision for the proposed lot the subject of the contract; or\n- (b) the creation by the registrar of a separate indefeasible title for the proposed lot the subject of the contract; or\n- (c) settlement of the contract; or\n- (d) another event prescribed by regulation as a relevant event.\n- (a) for a relevant event other than settlement of the contract— (i) the day on or by which the relevant event for the contract must happen; or (ii) if the contract provides for the parties to the contract to extend the day mentioned in paragraph (i) to a later day—the later day; or\n- (i) the day on or by which the relevant event for the contract must happen; or\n- (ii) if the contract provides for the parties to the contract to extend the day mentioned in paragraph (i) to a later day—the later day; or\n- (b) for a relevant event that is settlement of the contract, the day that is— (i) the day the seller must settle the contract; or (ii) if the buyer does not terminate the contract under section 14 (5) and the parties agree on another date (the later settlement day ) on which the seller must settle the contract—the later settlement day.\n- (i) the day the seller must settle the contract; or\n- (ii) if the buyer does not terminate the contract under section 14 (5) and the parties agree on another date (the later settlement day ) on which the seller must settle the contract—the later settlement day.\n- (i) the day on or by which the relevant event for the contract must happen; or\n- (ii) if the contract provides for the parties to the contract to extend the day mentioned in paragraph (i) to a later day—the later day; or\n- (i) the day the seller must settle the contract; or\n- (ii) if the buyer does not terminate the contract under section 14 (5) and the parties agree on another date (the later settlement day ) on which the seller must settle the contract—the later settlement day.","sortOrder":31},{"sectionNumber":"sec.19C","sectionType":"section","heading":"No automatic termination under sunset clause","content":"### sec.19C No automatic termination under sunset clause\n\nA sunset clause cannot automatically terminate an off-the-plan contract.\nHowever, if an off-the-plan contract contains a sunset clause that purports to automatically terminate the contract, the clause is taken to mean that the contract may be terminated on, or after, the sunset date under this division.\ns 19C ins 2023 No. 29 s 50\n(sec.19C-ssec.1) A sunset clause cannot automatically terminate an off-the-plan contract.\n(sec.19C-ssec.2) However, if an off-the-plan contract contains a sunset clause that purports to automatically terminate the contract, the clause is taken to mean that the contract may be terminated on, or after, the sunset date under this division.","sortOrder":32},{"sectionNumber":"sec.19D","sectionType":"section","heading":"When seller may terminate under sunset clause","content":"### sec.19D When seller may terminate under sunset clause\n\nA seller of a proposed lot may terminate an off-the-plan contract under a sunset clause only if—\nthe seller—\ngives the buyer a sunset clause notice; and\nreceives the buyer’s consent, in writing, to the termination of the off-the-plan contract under the sunset clause; or\nthe Supreme Court has made an order under section 19F permitting the seller to terminate the contract under the sunset clause; or\nsubject to subsection (2) —a regulation prescribes another way (the prescribed way ) for the seller to terminate an off-the-plan contract under the sunset clause.\nA regulation under subsection (1) (c) may only be made if the Minister is satisfied the prescribed way will provide adequate consumer protection for a buyer.\nIn this section—\nsunset clause notice means a notice, in writing, given by the seller to the buyer at least 28 days before the sunset date, that states the following information—\nthat the seller proposes to terminate the contract on the sunset date;\nthat the seller may only terminate the contract under the sunset clause if the buyer consents in writing to the proposed termination;\nthe reasons the seller proposes to terminate the contract;\nthat the buyer must respond to the notice no later than the day immediately before the sunset date.\ns 19D ins 2023 No. 29 s 50\n(sec.19D-ssec.1) A seller of a proposed lot may terminate an off-the-plan contract under a sunset clause only if— the seller— gives the buyer a sunset clause notice; and receives the buyer’s consent, in writing, to the termination of the off-the-plan contract under the sunset clause; or the Supreme Court has made an order under section 19F permitting the seller to terminate the contract under the sunset clause; or subject to subsection (2) —a regulation prescribes another way (the prescribed way ) for the seller to terminate an off-the-plan contract under the sunset clause.\n(sec.19D-ssec.2) A regulation under subsection (1) (c) may only be made if the Minister is satisfied the prescribed way will provide adequate consumer protection for a buyer.\n(sec.19D-ssec.3) In this section— sunset clause notice means a notice, in writing, given by the seller to the buyer at least 28 days before the sunset date, that states the following information— that the seller proposes to terminate the contract on the sunset date; that the seller may only terminate the contract under the sunset clause if the buyer consents in writing to the proposed termination; the reasons the seller proposes to terminate the contract; that the buyer must respond to the notice no later than the day immediately before the sunset date.\n- (a) the seller— (i) gives the buyer a sunset clause notice; and (ii) receives the buyer’s consent, in writing, to the termination of the off-the-plan contract under the sunset clause; or\n- (i) gives the buyer a sunset clause notice; and\n- (ii) receives the buyer’s consent, in writing, to the termination of the off-the-plan contract under the sunset clause; or\n- (b) the Supreme Court has made an order under section 19F permitting the seller to terminate the contract under the sunset clause; or\n- (c) subject to subsection (2) —a regulation prescribes another way (the prescribed way ) for the seller to terminate an off-the-plan contract under the sunset clause.\n- (i) gives the buyer a sunset clause notice; and\n- (ii) receives the buyer’s consent, in writing, to the termination of the off-the-plan contract under the sunset clause; or\n- (a) that the seller proposes to terminate the contract on the sunset date;\n- (b) that the seller may only terminate the contract under the sunset clause if the buyer consents in writing to the proposed termination;\n- (c) the reasons the seller proposes to terminate the contract;\n- (d) that the buyer must respond to the notice no later than the day immediately before the sunset date.","sortOrder":33},{"sectionNumber":"sec.19E","sectionType":"section","heading":"Buyer’s obligation on receipt of sunset clause notice","content":"### sec.19E Buyer’s obligation on receipt of sunset clause notice\n\nThis section applies if a buyer of a proposed lot is given a sunset clause notice under section 19D .\nThe buyer must consider the information stated in the sunset clause notice and—\nact reasonably in the circumstances; and\nrespond to the notice within the time stated in the notice.\nIf the buyer does not respond to the sunset clause notice, the failure to respond is not to be taken as evidence that the buyer consents to the termination of the contract under the sunset clause the subject of the notice.\ns 19E ins 2023 No. 29 s 50\n(sec.19E-ssec.1) This section applies if a buyer of a proposed lot is given a sunset clause notice under section 19D .\n(sec.19E-ssec.2) The buyer must consider the information stated in the sunset clause notice and— act reasonably in the circumstances; and respond to the notice within the time stated in the notice.\n(sec.19E-ssec.3) If the buyer does not respond to the sunset clause notice, the failure to respond is not to be taken as evidence that the buyer consents to the termination of the contract under the sunset clause the subject of the notice.\n- (a) act reasonably in the circumstances; and\n- (b) respond to the notice within the time stated in the notice.","sortOrder":34},{"sectionNumber":"sec.19F","sectionType":"section","heading":"Supreme Court order to terminate under sunset clause","content":"### sec.19F Supreme Court order to terminate under sunset clause\n\nA seller of a proposed lot under an off-the-plan contract may apply to the Supreme Court for an order permitting the seller to terminate the contract under a sunset clause.\nThe Supreme Court may make an order permitting the seller to terminate the off-the-plan contract under the sunset clause if the seller satisfies the court it is just and equitable in the circumstances.\nIn deciding whether it is just and equitable to make the order the Supreme Court must consider the following matters—\nthe terms of the off-the-plan contract, including whether a term is intended to avoid the operation of this division;\nUnder section 22 a contractual provision intended to avoid operation of this division would, to the extent it did so, be void.\nwhether, in the performance of their obligations under the contract, the seller acted unreasonably or in bad faith;\nwhether matters beyond the seller’s reasonable control affected—\nthe seller’s ability to settle the contract; or\nto the extent the seller’s business is related to the performance of the off-the-plan contract—the viability of the seller’s business;\nwhether, in the circumstances, there is a reasonable prospect of the seller settling the contract;\nif the seller can not settle the contract, what actions the seller has taken to—\nsettle the contract; and\nminimise the effect of any matter that affected the seller’s ability to settle the contract;\nthe effect of settling the contract on the seller;\nthe effect of terminating the contract on the buyer;\nthe extent of the buyer’s performance of their obligations under the contract;\nwhether the proposed land the subject of the contract has increased in value;\nany other matter the court considers relevant;\nany other matter prescribed by regulation.\nThe seller must pay the costs of the buyer in relation to a proceeding for the order unless the seller satisfies the Supreme Court that the buyer unreasonably withheld consent to the termination of the contract under the sunset clause.\ns 19F ins 2023 No. 29 s 50\n(sec.19F-ssec.1) A seller of a proposed lot under an off-the-plan contract may apply to the Supreme Court for an order permitting the seller to terminate the contract under a sunset clause.\n(sec.19F-ssec.2) The Supreme Court may make an order permitting the seller to terminate the off-the-plan contract under the sunset clause if the seller satisfies the court it is just and equitable in the circumstances.\n(sec.19F-ssec.3) In deciding whether it is just and equitable to make the order the Supreme Court must consider the following matters— the terms of the off-the-plan contract, including whether a term is intended to avoid the operation of this division; Under section 22 a contractual provision intended to avoid operation of this division would, to the extent it did so, be void. whether, in the performance of their obligations under the contract, the seller acted unreasonably or in bad faith; whether matters beyond the seller’s reasonable control affected— the seller’s ability to settle the contract; or to the extent the seller’s business is related to the performance of the off-the-plan contract—the viability of the seller’s business; whether, in the circumstances, there is a reasonable prospect of the seller settling the contract; if the seller can not settle the contract, what actions the seller has taken to— settle the contract; and minimise the effect of any matter that affected the seller’s ability to settle the contract; the effect of settling the contract on the seller; the effect of terminating the contract on the buyer; the extent of the buyer’s performance of their obligations under the contract; whether the proposed land the subject of the contract has increased in value; any other matter the court considers relevant; any other matter prescribed by regulation.\n(sec.19F-ssec.4) The seller must pay the costs of the buyer in relation to a proceeding for the order unless the seller satisfies the Supreme Court that the buyer unreasonably withheld consent to the termination of the contract under the sunset clause.\n- (a) the terms of the off-the-plan contract, including whether a term is intended to avoid the operation of this division; Note— Under section 22 a contractual provision intended to avoid operation of this division would, to the extent it did so, be void.\n- (b) whether, in the performance of their obligations under the contract, the seller acted unreasonably or in bad faith;\n- (c) whether matters beyond the seller’s reasonable control affected— (i) the seller’s ability to settle the contract; or (ii) to the extent the seller’s business is related to the performance of the off-the-plan contract—the viability of the seller’s business;\n- (i) the seller’s ability to settle the contract; or\n- (ii) to the extent the seller’s business is related to the performance of the off-the-plan contract—the viability of the seller’s business;\n- (d) whether, in the circumstances, there is a reasonable prospect of the seller settling the contract;\n- (e) if the seller can not settle the contract, what actions the seller has taken to— (i) settle the contract; and (ii) minimise the effect of any matter that affected the seller’s ability to settle the contract;\n- (i) settle the contract; and\n- (ii) minimise the effect of any matter that affected the seller’s ability to settle the contract;\n- (f) the effect of settling the contract on the seller;\n- (g) the effect of terminating the contract on the buyer;\n- (h) the extent of the buyer’s performance of their obligations under the contract;\n- (i) whether the proposed land the subject of the contract has increased in value;\n- (j) any other matter the court considers relevant;\n- (k) any other matter prescribed by regulation.\n- (i) the seller’s ability to settle the contract; or\n- (ii) to the extent the seller’s business is related to the performance of the off-the-plan contract—the viability of the seller’s business;\n- (i) settle the contract; and\n- (ii) minimise the effect of any matter that affected the seller’s ability to settle the contract;","sortOrder":35},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":36},{"sectionNumber":"sec.20","sectionType":"section","heading":"Termination under this part","content":"### sec.20 Termination under this part\n\nThis section applies if the buyer terminates a contract under this part.\nThe seller must, within 14 days after the termination, repay to the buyer—\nany amount paid to the seller or the seller’s agent towards the purchase of the lot; and\nany interest that accrued on the amount while it was held by the seller or the seller’s agent.\nHowever, if the amount or interest is held by an entity in a trust account kept as required under an Act, the requirement under subsection (2) applies subject to compliance with the law governing the entity’s trust account.\nAn amount repayable under subsection (2) may be recovered as a debt.\ns 20 prev s 20 sub 1985 No. 105 s 17\namd 1992 No. 40 s 129 ; 1995 No. 58 s 4 sch 1 ; 2001 No. 45 s 29 sch 3\nom 2014 No. 46 s 44\npres s 20 ins 2014 No. 46 s 43\n(sec.20-ssec.1) This section applies if the buyer terminates a contract under this part.\n(sec.20-ssec.2) The seller must, within 14 days after the termination, repay to the buyer— any amount paid to the seller or the seller’s agent towards the purchase of the lot; and any interest that accrued on the amount while it was held by the seller or the seller’s agent.\n(sec.20-ssec.3) However, if the amount or interest is held by an entity in a trust account kept as required under an Act, the requirement under subsection (2) applies subject to compliance with the law governing the entity’s trust account.\n(sec.20-ssec.4) An amount repayable under subsection (2) may be recovered as a debt.\n- (a) any amount paid to the seller or the seller’s agent towards the purchase of the lot; and\n- (b) any interest that accrued on the amount while it was held by the seller or the seller’s agent.","sortOrder":37},{"sectionNumber":"sec.21","sectionType":"section","heading":"Security instruments","content":"### sec.21 Security instruments\n\nThis section applies if an instrument is received from the buyer of a proposed lot as security for the payment of an amount under the contract for the sale of the lot—\nby a recognised entity on behalf of the seller; or\nby any other person on behalf of the seller; or\nby the seller.\nbank guarantee\nFor subsection (1) (a) , the recognised entity must keep the instrument at the prescribed place until—\nthe instrument is returnable to the buyer according to law; or\nthe instrument is given to the issuer of the security in exchange for the amount it secures.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nThe amount given in exchange for the instrument under subsection (2) (b) is trust money.\nThe amount given must be—\nheld by the recognised entity who held the instrument in the entity’s prescribed trust account; and\ndealt with by the recognised entity in accordance with this part and the law governing the operation of the entity’s prescribed trust account.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nFor subsection (1) (b) , the person must give the instrument directly to a recognised entity.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nFor subsection (1) (c) , the seller must give the instrument directly to a recognised entity.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nIf the instrument is given to a recognised entity under subsection (5) or (6) , subsections (2) , (3) and (4) apply as if the instrument were received from the buyer by the recognised entity on behalf of the seller as provided in subsection (1) (a) .\nIn this section—\nprescribed place means—\nfor a recognised entity that is a law practice—an office of the practice in Queensland; or\nfor a recognised entity that is the public trustee—an office of the public trustee in Queensland; or\nfor a recognised entity that is a real estate agent—the office of the real estate agency in which the agent carries on the business of a real estate agent.\ns 21 prev s 21 amd 1985 No. 43 s 14 ; 1997 No. 28 s 295 sch 3 ; 1997 No. 40 s 19 ; 2005 No. 14 s 2 sch\nom 2014 No. 46 s 44\npres s 21 ins 2014 No. 46 s 43\n(sec.21-ssec.1) This section applies if an instrument is received from the buyer of a proposed lot as security for the payment of an amount under the contract for the sale of the lot— by a recognised entity on behalf of the seller; or by any other person on behalf of the seller; or by the seller. bank guarantee\n(sec.21-ssec.2) For subsection (1) (a) , the recognised entity must keep the instrument at the prescribed place until— the instrument is returnable to the buyer according to law; or the instrument is given to the issuer of the security in exchange for the amount it secures. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.21-ssec.3) The amount given in exchange for the instrument under subsection (2) (b) is trust money.\n(sec.21-ssec.4) The amount given must be— held by the recognised entity who held the instrument in the entity’s prescribed trust account; and dealt with by the recognised entity in accordance with this part and the law governing the operation of the entity’s prescribed trust account. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.21-ssec.5) For subsection (1) (b) , the person must give the instrument directly to a recognised entity. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.21-ssec.6) For subsection (1) (c) , the seller must give the instrument directly to a recognised entity. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.21-ssec.7) If the instrument is given to a recognised entity under subsection (5) or (6) , subsections (2) , (3) and (4) apply as if the instrument were received from the buyer by the recognised entity on behalf of the seller as provided in subsection (1) (a) .\n(sec.21-ssec.8) In this section— prescribed place means— for a recognised entity that is a law practice—an office of the practice in Queensland; or for a recognised entity that is the public trustee—an office of the public trustee in Queensland; or for a recognised entity that is a real estate agent—the office of the real estate agency in which the agent carries on the business of a real estate agent.\n- (a) by a recognised entity on behalf of the seller; or\n- (b) by any other person on behalf of the seller; or\n- (c) by the seller.\n- (a) the instrument is returnable to the buyer according to law; or\n- (b) the instrument is given to the issuer of the security in exchange for the amount it secures.\n- (a) held by the recognised entity who held the instrument in the entity’s prescribed trust account; and\n- (b) dealt with by the recognised entity in accordance with this part and the law governing the operation of the entity’s prescribed trust account.\n- (a) for a recognised entity that is a law practice—an office of the practice in Queensland; or\n- (b) for a recognised entity that is the public trustee—an office of the public trustee in Queensland; or\n- (c) for a recognised entity that is a real estate agent—the office of the real estate agency in which the agent carries on the business of a real estate agent.","sortOrder":38},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":39},{"sectionNumber":"sec.22","sectionType":"section","heading":"Contracting out prohibited","content":"### sec.22 Contracting out prohibited\n\nA contract for the sale of a proposed lot is void to the extent to which it purports to exclude, restrict or otherwise change the effect of a provision of this Act.\ns 22 prev s 22 amd 1985 No. 43 s 15 ; 1985 No. 105 s 18 ; 2002 No. 13 s 124 sch\nom 2014 No. 46 s 44\npres s 22 (prev s 31) sub 1993 No. 82 s 36\namd 1997 No. 40 s 24\nsub 2014 No. 46 s 46\nrenum 2014 No. 46 s 51","sortOrder":40},{"sectionNumber":"sec.23","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.23 Responsibility for acts or omissions of representatives\n\nIn this section—\nrepresentative means—\nof a corporation—an executive officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\nSubsections (3) and (4) apply in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\ns 23 prev s 23 amd 1985 No. 43 s 16 ; 1985 No. 105 s 19 ; 1995 No. 58 s 4 sch 1 ; 1997 No. 40 s 20 ; 1997 No. 82 s 3 sch ; 2000 No. 62 s 601 sch 2 ; 2004 No. 11 s 596 sch 1 ; 2007 No. 24 s 770 sch 1 ; 2014 No. 22 s 287 sch 2 pt 2\nom 2014 No. 46 s 44\npres s 23 (prev s 32A) ins 1997 No. 40 s 27\nrenum 2014 No. 46 s 51\n(sec.23-ssec.1) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n(sec.23-ssec.2) Subsections (3) and (4) apply in a proceeding for an offence against this Act.\n(sec.23-ssec.3) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.23-ssec.4) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n- (a) of a corporation—an executive officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.","sortOrder":41},{"sectionNumber":"sec.24","sectionType":"section","heading":"Evidentiary provision","content":"### sec.24 Evidentiary provision\n\nIn a proceeding for an offence against this Act, a copy of a contract or other instrument purporting to relate to the sale or purchase of a proposed lot and produced on behalf of the complainant is admissible in evidence as if it were the original contract or instrument.\ns 24 prev s 24 amd 1985 No. 43 s 16A\nsub 1985 No. 105 s 20\namd 1997 No. 40 s 21 ; 2007 No. 24 s 770 sch 1\nom 2014 No. 46 s 44\npres s 24 (prev s 34) amd 1985 No. 105 s 28 ; 1997 No. 40 s 28\nsub 2014 No. 46 s 48\nrenum 2014 No. 46 s 51","sortOrder":42},{"sectionNumber":"sec.25","sectionType":"section","heading":"Delegations","content":"### sec.25 Delegations\n\nThe chief executive of the department may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.\na person’s classification level in the public service\ns 25 prev s 25 amd 1985 No. 43 s 17 ; 1985 No. 105 s 21 ; 2002 No. 13 s 124 sch\nom 2014 No. 46 s 44\npres s 25 (prev s 35) amd 1985 No. 105 s 29\nsub 1992 No. 40 s 131\namd 1993 No. 82 s 3 sch 1 ; 2006 No. 10 s 89 sch 2\nrenum 2014 No. 46 s 51\n(sec.25-ssec.1) The chief executive of the department may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee.\n(sec.25-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. a person’s classification level in the public service","sortOrder":43},{"sectionNumber":"sec.26","sectionType":"section","heading":"Regulation-making power","content":"### sec.26 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may impose a penalty of no more than 20 penalty units for contravention of a regulation.\ns 26 prev s 26 sub 1985 No. 43 s 18\namd 1985 No. 105 s 22\nom 1997 No. 40 s 22\namd 1997 No. 82 s 3 sch (amdt inoperative as prov previously om)\npres s 26 (prev s 36) ins 1992 No. 40 s 131\namd 1995 No. 58 s 4 sch 1\nsub 2014 No. 46 s 50\nrenum 2014 No. 46 s 51\n(sec.26-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.26-ssec.2) A regulation may impose a penalty of no more than 20 penalty units for contravention of a regulation.","sortOrder":44},{"sectionNumber":"pt.3A","sectionType":"part","heading":null,"content":"","sortOrder":45},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":46},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Transitional provision for Sustainable Planning and Other Legislation Amendment Act 2012","content":"## Transitional provision for Sustainable Planning and Other Legislation Amendment Act 2012","sortOrder":47},{"sectionNumber":"sec.27","sectionType":"section","heading":"Application of s 27 as amended by Act No. 3 of 2012","content":"### sec.27 Application of s 27 as amended by Act No. 3 of 2012\n\nSection 27 as amended by the Sustainable Planning and Other Legislation Amendment Act 2012 , section 22B applies to an instrument relating to the sale of a proposed lot if—\nthe instrument is in force, and settlement has not been effected, immediately before commencement; or\nthe instrument is made on or after commencement.\nSubsection (1)(a) applies—\nregardless of whether the sunset period ended or ends before, on or after commencement; and\neven if an action for specific performance of the purchaser’s obligations under the instrument has been started by the vendor, but not completed, before commencement.\nSubsections (1)(a) and (2) apply despite the Acts Interpretation Act 1954 , section 20.\nIn this section—\ncommencement means the commencement of the Sustainable Planning and Other Legislation Amendment Act 2012 , section 22B .\nsunset period means the 3 1 / 2 year period mentioned in section 27(1)(b) or, if that period is extended by a regulation made under section 28, the extended period.\ns 27 orig s 27 amd 1985 No. 43 s 19 ; 1985 No. 105 s 23\nsub 1997 No. 40 s 23\namd 2012 No. 3 s 22B (retro)\nom 2014 No. 46 s 44\nprev s 27 (orig s 37) ins 1995 No. 58 s 4 sch 1\nexp 28 May 1996 (see orig s 37(3))\npres s 27 (prev s 37) ins 2012 No. 3 s 22C (retro)\namd 2014 No. 46 s 53\nrenum 2014 No. 46 s 53\n(sec.27-ssec.1) Section 27 as amended by the Sustainable Planning and Other Legislation Amendment Act 2012 , section 22B applies to an instrument relating to the sale of a proposed lot if— the instrument is in force, and settlement has not been effected, immediately before commencement; or the instrument is made on or after commencement.\n(sec.27-ssec.2) Subsection (1)(a) applies— regardless of whether the sunset period ended or ends before, on or after commencement; and even if an action for specific performance of the purchaser’s obligations under the instrument has been started by the vendor, but not completed, before commencement.\n(sec.27-ssec.3) Subsections (1)(a) and (2) apply despite the Acts Interpretation Act 1954 , section 20.\n(sec.27-ssec.4) In this section— commencement means the commencement of the Sustainable Planning and Other Legislation Amendment Act 2012 , section 22B . sunset period means the 3 1 / 2 year period mentioned in section 27(1)(b) or, if that period is extended by a regulation made under section 28, the extended period.\n- (a) the instrument is in force, and settlement has not been effected, immediately before commencement; or\n- (b) the instrument is made on or after commencement.\n- (a) regardless of whether the sunset period ended or ends before, on or after commencement; and\n- (b) even if an action for specific performance of the purchaser’s obligations under the instrument has been started by the vendor, but not completed, before commencement.","sortOrder":48},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Transitional provisions for Land Sales and Other Legislation Amendment Act 2014","content":"## Transitional provisions for Land Sales and Other Legislation Amendment Act 2014","sortOrder":49},{"sectionNumber":"sec.28","sectionType":"section","heading":"Definitions for div 2","content":"### sec.28 Definitions for div 2\n\nIn this division—\namendment Act means the Land Sales and Other Legislation Amendment Act 2014 .\ncommencement means the commencement of this division.\ncontract includes agreement as defined under old section 6.\ne-conveyancing see the Property Law Act 1974 , section 58A.\nlot includes allotment as defined under old section 6.\nnew , in relation to a provision, means the provision as in force immediately after the commencement.\nold , in relation to a provision, means the provision as in force at any relevant time before the commencement.\ns 28 orig s 28 om 1985 No. 105 s 24\nprev s 28 ins 2001 No. 99 s 3\namd 2005 No. 24 s 41\nom 2014 No. 46 s 44\npres s 28 ins 2014 No. 46 s 54","sortOrder":50},{"sectionNumber":"sec.29","sectionType":"section","heading":"Continuation of particular rights of prosecution","content":"### sec.29 Continuation of particular rights of prosecution\n\nThis section applies if a person is alleged to have committed, before the commencement, an offence against a provision of old part 2.\nProceedings for the offence may be continued or started and the court may hear and decide the proceedings, as if the amendment Act had not been enacted.\nThis section applies despite the Criminal Code, section 11.\ns 29 prev s 29 om 2014 No. 46 s 44\npres s 29 ins 2014 No. 46 s 54\n(sec.29-ssec.1) This section applies if a person is alleged to have committed, before the commencement, an offence against a provision of old part 2.\n(sec.29-ssec.2) Proceedings for the offence may be continued or started and the court may hear and decide the proceedings, as if the amendment Act had not been enacted.\n(sec.29-ssec.3) This section applies despite the Criminal Code, section 11.","sortOrder":51},{"sectionNumber":"sec.30","sectionType":"section","heading":"Application of old s 8(2)","content":"### sec.30 Application of old s 8(2)\n\nOld section 8(2) continues to apply in relation to an agreement made in contravention of old section 8(1) or (1A) before the commencement.\ns 30 orig s 30 om 1985 No. 105 s 25\nprev s 30 ins 1996 No. 56 s 126\nom 2014 No. 8 s 130\npres s 30 ins 2014 No. 46 s 54","sortOrder":52},{"sectionNumber":"sec.30A","sectionType":"section","heading":null,"content":"### Section sec.30A\n\ns 30A ins 1996 No. 56 s 126\nom 2014 No. 8 s 130","sortOrder":53},{"sectionNumber":"sec.30B","sectionType":"section","heading":null,"content":"### Section sec.30B\n\ns 30B ins 1996 No. 56 s 126\nom 2014 No. 8 s 130","sortOrder":54},{"sectionNumber":"sec.30C","sectionType":"section","heading":null,"content":"### Section sec.30C\n\ns 30C ins 1996 No. 56 s 126\nom 2014 No. 8 s 130","sortOrder":55},{"sectionNumber":"sec.30D","sectionType":"section","heading":null,"content":"### Section sec.30D\n\ns 30D ins 1996 No. 56 s 126\nom 2014 No. 8 s 130","sortOrder":56},{"sectionNumber":"sec.30E","sectionType":"section","heading":null,"content":"### Section sec.30E\n\ns 30E ins 1996 No. 56 s 126\namd 1997 No. 82 s 3 sch\nom 2014 No. 8 s 130","sortOrder":57},{"sectionNumber":"sec.30F","sectionType":"section","heading":null,"content":"### Section sec.30F\n\ns 30F ins 1996 No. 56 s 126\namd 1997 No. 82 s 3 sch\nom 2014 No. 8 s 130","sortOrder":58},{"sectionNumber":"sec.30G","sectionType":"section","heading":null,"content":"### Section sec.30G\n\ns 30G ins 1996 No. 56 s 126\nom 2014 No. 8 s 130","sortOrder":59},{"sectionNumber":"sec.30H","sectionType":"section","heading":null,"content":"### Section sec.30H\n\ns 30H ins 1996 No. 56 s 126\nom 2014 No. 8 s 130","sortOrder":60},{"sectionNumber":"sec.30I","sectionType":"section","heading":null,"content":"### Section sec.30I\n\ns 30I ins 1996 No. 56 s 126\nom 2014 No. 8 s 130","sortOrder":61},{"sectionNumber":"sec.30J","sectionType":"section","heading":null,"content":"### Section sec.30J\n\ns 30J ins 1996 No. 56 s 126\nom 2014 No. 8 s 130","sortOrder":62},{"sectionNumber":"sec.31","sectionType":"section","heading":"Disclosure requirements","content":"### sec.31 Disclosure requirements\n\nNew part 2, division 2 applies only in relation to a contract for the sale of a proposed lot entered into after the commencement.\nSee also section 38.\nOld sections 9 and 10 continue to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\nHowever, if, at any time before the settlement of the contract for the sale of the proposed lot, the parties to the contract agree to settle the sale using e-conveyancing, old sections 9 and 10 are to be read with the following changes—\nold section 9(5) is omitted and the following provision inserted—\n‘(5) If the vendor or the vendor’s agent contravenes this section, other than subsection (3)(a), (b) or (h), the purchaser may avoid the instrument relating to the sale by written notice given to the vendor or vendor’s agent before the settlement of the sale of the allotment.’;\nold section 10(1)(a) is omitted and the following provision is inserted—\n‘(a) the sale of the proposed allotment has not been settled;’;\nold section 10(3)(b)(ii) is omitted and the following provision inserted—\n‘(ii) settle the sale of the allotment.’;\nold section 10(4)(a) is omitted and the following provision inserted—\nfor a contravention of subsection (2)—before the settlement of the sale of the allotment; or’\ns 31 ins 2014 No. 46 s 54\n(sec.31-ssec.1) New part 2, division 2 applies only in relation to a contract for the sale of a proposed lot entered into after the commencement. See also section 38.\n(sec.31-ssec.2) Old sections 9 and 10 continue to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\n(sec.31-ssec.3) However, if, at any time before the settlement of the contract for the sale of the proposed lot, the parties to the contract agree to settle the sale using e-conveyancing, old sections 9 and 10 are to be read with the following changes— old section 9(5) is omitted and the following provision inserted— ‘(5) If the vendor or the vendor’s agent contravenes this section, other than subsection (3)(a), (b) or (h), the purchaser may avoid the instrument relating to the sale by written notice given to the vendor or vendor’s agent before the settlement of the sale of the allotment.’; old section 10(1)(a) is omitted and the following provision is inserted— ‘(a) the sale of the proposed allotment has not been settled;’; old section 10(3)(b)(ii) is omitted and the following provision inserted— ‘(ii) settle the sale of the allotment.’; old section 10(4)(a) is omitted and the following provision inserted— for a contravention of subsection (2)—before the settlement of the sale of the allotment; or’\n- (a) old section 9(5) is omitted and the following provision inserted—\n- ‘(5) If the vendor or the vendor’s agent contravenes this section, other than subsection (3)(a), (b) or (h), the purchaser may avoid the instrument relating to the sale by written notice given to the vendor or vendor’s agent before the settlement of the sale of the allotment.’;\n- (b) old section 10(1)(a) is omitted and the following provision is inserted—\n- ‘(a) the sale of the proposed allotment has not been settled;’;\n- (c) old section 10(3)(b)(ii) is omitted and the following provision inserted—\n- ‘(ii) settle the sale of the allotment.’;\n- (d) old section 10(4)(a) is omitted and the following provision inserted— ‘(a) for a contravention of subsection (2)—before the settlement of the sale of the allotment; or’\n- ‘(a) for a contravention of subsection (2)—before the settlement of the sale of the allotment; or’\n- ‘(a) for a contravention of subsection (2)—before the settlement of the sale of the allotment; or’","sortOrder":63},{"sectionNumber":"sec.31A","sectionType":"section","heading":null,"content":"### Section sec.31A\n\ns 31A ins 1985 No. 43 s 20\nsub 1985 No. 105 s 26\nom 1995 No. 58 s 4 sch 1","sortOrder":64},{"sectionNumber":"sec.31B","sectionType":"section","heading":null,"content":"### Section sec.31B\n\ns 31B ins 1985 No. 43 s 20\nsub 1985 No. 105 s 26\namd 1995 No. 58 s 4 sch 1\nom 1997 No. 40 s 25","sortOrder":65},{"sectionNumber":"sec.32","sectionType":"section","heading":"Application of new s 14 and old s 10A to contracts","content":"### sec.32 Application of new s 14 and old s 10A to contracts\n\nNew section 14 applies only in relation to a contract for the sale of a proposed lot entered into after the commencement.\nOld section 10A continues to apply after the commencement in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\nHowever, if, at any time before the settlement of the contract, the parties to the contract agree to settle the sale using e-conveyancing, old section 10A is to be read with the following changes—\nold section 10A(1) is omitted and the following provision inserted—\n‘(1) The vendor of a proposed allotment must settle the sale of the allotment not later than 18 months after the purchaser enters upon the purchase of the allotment.’;\nold section 10A(4) is omitted and the following provision inserted—\n‘(4) If the vendor contravenes this section, the purchaser may avoid the instrument relating to the sale by written notice given to the vendor before the sale is settled.’\nThe purchaser may avoid the contract under old section 10A(4) for a contravention of the section by the vendor (including as it is applied under subsection (3)) only if the contravention arose other than because of the purchaser’s default.\ns 32 prev s 32 amd 1985 No. 105 s 27\nsub 1992 No. 40 s 130\namd 1997 No. 40 s 26\nom 2014 No. 46 s 47\npres s 32 ins 2014 No. 46 s 54\n(sec.32-ssec.1) New section 14 applies only in relation to a contract for the sale of a proposed lot entered into after the commencement.\n(sec.32-ssec.2) Old section 10A continues to apply after the commencement in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\n(sec.32-ssec.3) However, if, at any time before the settlement of the contract, the parties to the contract agree to settle the sale using e-conveyancing, old section 10A is to be read with the following changes— old section 10A(1) is omitted and the following provision inserted— ‘(1) The vendor of a proposed allotment must settle the sale of the allotment not later than 18 months after the purchaser enters upon the purchase of the allotment.’; old section 10A(4) is omitted and the following provision inserted— ‘(4) If the vendor contravenes this section, the purchaser may avoid the instrument relating to the sale by written notice given to the vendor before the sale is settled.’\n(sec.32-ssec.4) The purchaser may avoid the contract under old section 10A(4) for a contravention of the section by the vendor (including as it is applied under subsection (3)) only if the contravention arose other than because of the purchaser’s default.\n- (a) old section 10A(1) is omitted and the following provision inserted—\n- ‘(1) The vendor of a proposed allotment must settle the sale of the allotment not later than 18 months after the purchaser enters upon the purchase of the allotment.’;\n- (b) old section 10A(4) is omitted and the following provision inserted—\n- ‘(4) If the vendor contravenes this section, the purchaser may avoid the instrument relating to the sale by written notice given to the vendor before the sale is settled.’","sortOrder":66},{"sectionNumber":"sec.32B","sectionType":"section","heading":null,"content":"### Section sec.32B\n\ns 32B ins 1997 No. 40 s 27\nom 2013 No. 51 s 90","sortOrder":67},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application of new pt 2, div 4","content":"### sec.33 Application of new pt 2, div 4\n\nNew part 2, division 4 applies only in relation to amounts paid under a contract for the sale of a proposed lot entered into after the commencement.\ns 33 prev s 32 om 2014 No. 46 s 47\npres s 32 ins 2014 No. 46 s 54","sortOrder":68},{"sectionNumber":"sec.34","sectionType":"section","heading":"Application of old ss 11 and 12 to existing contracts","content":"### sec.34 Application of old ss 11 and 12 to existing contracts\n\nOld sections 11 and 12 continue to apply in relation to amounts paid under a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\nHowever, if, at any time before the settlement of the contract, the parties to the contract agree to settle the sale using e-conveyancing—\nold section 11(1) is to be read by omitting ‘, without becoming entitled in terms of the instrument to receive a registrable instrument of transfer in exchange therefor’ and inserting ‘(but excluding an amount payable at settlement)’; and\nold section 11 is to be read by omitting section 11(3).\ns 34 ins 2014 No. 46 s 54\n(sec.34-ssec.1) Old sections 11 and 12 continue to apply in relation to amounts paid under a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\n(sec.34-ssec.2) However, if, at any time before the settlement of the contract, the parties to the contract agree to settle the sale using e-conveyancing— old section 11(1) is to be read by omitting ‘, without becoming entitled in terms of the instrument to receive a registrable instrument of transfer in exchange therefor’ and inserting ‘(but excluding an amount payable at settlement)’; and old section 11 is to be read by omitting section 11(3).\n- (a) old section 11(1) is to be read by omitting ‘, without becoming entitled in terms of the instrument to receive a registrable instrument of transfer in exchange therefor’ and inserting ‘(but excluding an amount payable at settlement)’; and\n- (b) old section 11 is to be read by omitting section 11(3).","sortOrder":69},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application of old s 11A to existing contracts","content":"### sec.35 Application of old s 11A to existing contracts\n\nOld section 11A continues to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\nHowever, if, at any time before the settlement of the contract, the parties to the contract agree to settle the sale using e-conveyancing, old section 11A(2) is to be read by omitting ‘before the registrable instrument of transfer for the allotment is given to the purchaser’ and inserting ‘before the sale of the allotment is settled’.\ns 35 ins 2014 No. 46 s 54\n(sec.35-ssec.1) Old section 11A continues to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\n(sec.35-ssec.2) However, if, at any time before the settlement of the contract, the parties to the contract agree to settle the sale using e-conveyancing, old section 11A(2) is to be read by omitting ‘before the registrable instrument of transfer for the allotment is given to the purchaser’ and inserting ‘before the sale of the allotment is settled’.","sortOrder":70},{"sectionNumber":"sec.35A","sectionType":"section","heading":null,"content":"### Section sec.35A\n\ns 35A ins 1995 No. 58 s 4 sch 1\nom 2014 No. 46 s 49","sortOrder":71},{"sectionNumber":"sec.36","sectionType":"section","heading":"Existing declarations under old s 18","content":"### sec.36 Existing declarations under old s 18\n\nA declaration in effect under old section 18 immediately before the commencement is, from the commencement, taken to be a declaration under new section 4.\ns 36 ins 2014 No. 46 s 54","sortOrder":72},{"sectionNumber":"sec.37","sectionType":"section","heading":"Undecided applications under old s 19","content":"### sec.37 Undecided applications under old s 19\n\nExcept to the extent provided under subsection (3), an application under old section 19 that has not been decided at the commencement lapses at the commencement.\nSubsection (3) applies if, at the commencement—\na contract is conditional on an application being granted under old section 19(2); and\nthe application has not been decided.\nThe application is taken to be granted without any condition being imposed under old section 19(2A).\ns 37 ins 2014 No. 46 s 54\n(sec.37-ssec.1) Except to the extent provided under subsection (3), an application under old section 19 that has not been decided at the commencement lapses at the commencement.\n(sec.37-ssec.2) Subsection (3) applies if, at the commencement— a contract is conditional on an application being granted under old section 19(2); and the application has not been decided.\n(sec.37-ssec.3) The application is taken to be granted without any condition being imposed under old section 19(2A).\n- (a) a contract is conditional on an application being granted under old section 19(2); and\n- (b) the application has not been decided.","sortOrder":73},{"sectionNumber":"sec.38","sectionType":"section","heading":"Application of new pt 2 if existing decision about exemption","content":"### sec.38 Application of new pt 2 if existing decision about exemption\n\nNew part 2 does not apply to the sale of a proposed lot forming part of the reconfiguration of land into not more than 5 lots even if the chief executive—\nrefused to grant an exemption for the reconfiguration under old section 19; or\ngranted an exemption under old section 19 for the reconfiguration subject to conditions.\nIn this section—\nreconfiguration , in relation to land, means reconfiguration by subdivision or amalgamation.\ns 38 ins 2014 No. 46 s 54\n(sec.38-ssec.1) New part 2 does not apply to the sale of a proposed lot forming part of the reconfiguration of land into not more than 5 lots even if the chief executive— refused to grant an exemption for the reconfiguration under old section 19; or granted an exemption under old section 19 for the reconfiguration subject to conditions.\n(sec.38-ssec.2) In this section— reconfiguration , in relation to land, means reconfiguration by subdivision or amalgamation.\n- (a) refused to grant an exemption for the reconfiguration under old section 19; or\n- (b) granted an exemption under old section 19 for the reconfiguration subject to conditions.","sortOrder":74},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Transitional provision for Body Corporate and Community Management and Other Legislation Amendment Act 2023","content":"## Transitional provision for Body Corporate and Community Management and Other Legislation Amendment Act 2023","sortOrder":75},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application of pt 2, div 4A to existing off-the-plan contracts","content":"### sec.39 Application of pt 2, div 4A to existing off-the-plan contracts\n\nThis section applies to an off-the-plan contract that—\nis entered into before the commencement; and\nimmediately before the commencement—is not settled.\nPart 2, division 4A applies to the off-the-plan contract.\ns 39 ins 2023 No. 29 s 51\n(sec.39-ssec.1) This section applies to an off-the-plan contract that— is entered into before the commencement; and immediately before the commencement—is not settled.\n(sec.39-ssec.2) Part 2, division 4A applies to the off-the-plan contract.\n- (a) is entered into before the commencement; and\n- (b) immediately before the commencement—is not settled.","sortOrder":76}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act has been significantly amended since its original enactment in 1984, but its core purpose – regulating the sale of proposed lots to protect consumers and facilitate development – has remained consistent. The 2023 addition of sunset clause restrictions (div.4A) expanded scope to cover contract termination mechanisms, but this builds on existing protections rather than shifting the Act's fundamental character. Similarly, the 2014 amendments modernised disclosure and trust account rules. The exemptions for large transactions and small subdivisions have been present from the start. Overall, the Act's scope has not fundamentally changed; rather, it has become more detailed and prescriptive within its original domain."},"complexity_factors":["Extensive use of cross-references to other Acts (e.g., Land Act 1994, Planning Act, Economic Development Act, Legal Profession Act 2007)","Many technical and defined terms (e.g., 'disclosure plan', 'disclosure statement', 'sunset clause', 'recognised entity', 'prescribed trust account')","Complex conditional logic in exemptions (s.3: large transaction definition with 6+ lots, same buyer, 24-hour window; reconfiguration into ≤5 lots)","Detailed and prescriptive requirements for disclosure plans (s.11) with different rules for volumetric vs standard format lots, contour intervals, fill compaction standards","Nested termination rights and timeframes across multiple sections (ss.10, 13, 14, 19C-19F, 20)","Multiple amendment layers and extensive transitional provisions (Part 4) that create dual regimes for old and new contracts","Sunset clause restrictions (div.4A) introduce court application process with multiple factors to consider (s.19F)","Trust account and security instrument provisions cross-reference other regulatory frameworks (e.g., Legal Profession Act, Agents Financial Administration Act)","Penalty units conversion to dollar amounts adds a layer of interpretation"],"plain_english_summary":"The **Land Sales Act 1984** is a Queensland law that regulates the sale of **proposed lots** – land that has not yet been subdivided or registered as a separate title (often called 'off-the-plan' sales). It applies to any contract for a proposed lot that will end up in Queensland, regardless of where the contract was signed.\n\n**What it does:**\n- **Sellers must give buyers a disclosure plan and disclosure statement** before a contract is signed. The disclosure plan shows the lot's dimensions, contours, and any earthworks; the disclosure statement confirms the plan has been given, states whether development approval exists, and notes the seller must settle within 18 months. Buyers can terminate the contract if these documents aren't provided.\n- **Deposits and other pre-settlement payments** must be held in a prescribed trust account (by a lawyer, the public trustee, or a real estate agent) until the contract settles or a party becomes legally entitled to the money. Penalties apply for non-compliance.\n- **Sunset clauses** – contract terms that allow termination if registration or settlement doesn't happen by a certain date – **cannot operate automatically**. Sellers can only terminate with the buyer's written consent, by court order, or via a prescribed regulation. Buyers must act reasonably when asked to consent.\n- **Security instruments** (like bank guarantees) given as deposit must be held by a recognised entity and the proceeds treated as trust money.\n\n**Who it affects:** Buyers and sellers of off-the-plan residential or commercial lots in Queensland, as well as lawyers, real estate agents, and developers.\n\n**Exemptions:** The Act does not apply to sales of 6 or more lots to the same buyer in a single transaction, or to subdivisions of 5 or fewer lots. Certain State leasehold land may also be exempt by regulation.\n\n**Why it matters:** It aims to protect buyers by ensuring they get accurate information about what they are buying and that their money is safe until settlement. It also imposes strict timeframes and transparency requirements on sellers."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original 1984 scope focused narrowly on disclosure requirements and deposit trust protections for sales of unregistered lots. Over time its scope expanded considerably. The 2014 amendments significantly restructured disclosure obligations, introduced more detailed technical requirements for disclosure plans (including fill depth, retaining wall heights, and contour mapping), and modernised the trust account framework. The most significant scope expansion came with the 2023 amendments (Act No. 29 of 2023), which introduced an entirely new division (Division 4A) specifically regulating sunset clauses in off-the-plan contracts — a consumer protection measure that goes well beyond the original disclosure-focused intent, adding a Supreme Court oversight mechanism and reversing the default position on automatic contract termination. The Act now functions as a comprehensive off-the-plan consumer protection statute rather than merely a disclosure and deposit-handling regime."},"complexity_factors":["Multiple interdependent divisions requiring cross-referencing (e.g., sections 9, 10, 11, 12, 13, and 14 must all be read together to understand disclosure obligations)","Technical surveying concepts embedded in legal requirements (contour intervals, volumetric vs standard format lots, cadastral surveyors, isometric representations, AS 3798-2007 fill compaction standards)","Extensive transitional provisions spanning multiple legislative amendments (2012, 2014, 2023) requiring readers to determine which version of the law applies to their specific contract","Sunset clause regime (Division 4A) introduces a multi-pathway termination process with Supreme Court oversight and a detailed list of discretionary factors","Interaction with numerous other Queensland Acts (Land Act 1994, Land Title Act 1994, Planning Act, Economic Development Act, Legal Profession Act 2007, Agents Financial Administration Act 2014, Fair Trading Inspectors Act 2014, Public Trustee Act 1978, Property Law Act 1974)","Trust account regime involves three different types of recognised entities (law practices, public trustee, real estate agents), each governed by different legislation","Distinction between 'proposed lots' and registered lots, and between standard format and volumetric format lots, requires understanding of land title concepts","Complex application/exclusion provisions (large transaction exemption, State leasehold land, 5-lot reconfiguration exemption) require careful threshold analysis","Options-to-purchase regime (section 9) modifies the primary disclosure framework in ways that are not immediately intuitive","Significant legislative history with many provisions substituted, omitted, renumbered, and amended across nearly 40 years, creating interpretive risk"],"plain_english_summary":"## What is this law?\n\nThe **Land Sales Act 1984** is a Queensland law that regulates the sale of **\"proposed lots\"** — that is, blocks of land that haven't been formally created yet (think off-the-plan house-and-land packages or new residential subdivisions where the land is still being developed).\n\n## Who does it affect?\n\n- **Property buyers** purchasing land that doesn't legally exist yet as a registered block\n- **Property developers and sellers** selling off-the-plan land in Queensland\n- **Real estate agents, lawyers, and the Public Trustee** who handle deposit money for these transactions\n\n## What does it actually do?\n\n### 1. Disclosure before you sign\nBefore you sign a contract to buy a proposed lot, the seller **must** give you:\n- A **disclosure plan** (a technical document prepared by a licensed surveyor showing the lot's dimensions, orientation, contours, fill depths, and retaining walls), AND\n- A **disclosure statement** (a signed document confirming key facts, including whether planning approvals exist and that settlement must happen within 18 months)\n\nOR alternatively, a copy of an already-approved survey plan.\n\nIf the seller doesn't provide these documents, **you can walk away from the contract** at any time before settlement.\n\n### 2. Updates if things change\nIf the details in the disclosure plan turn out to be wrong or become outdated (e.g., the depth of fill on the land changes), the seller must send you a **\"further statement\"** at least 21 days before settlement explaining the differences in plain English. If those changes would significantly harm you, you can **terminate the contract**.\n\n### 3. Settlement deadline\nThe seller must complete (\"settle\") the sale within **18 months** of you signing the contract. If they miss this deadline (and it's not your fault), you can pull out and get your money back.\n\n### 4. Your deposit must be protected\nAny money you pay before settlement (deposits, option fees, expressions of interest) **cannot go straight to the developer**. It must be held in a regulated trust account by a lawyer, real estate agent, or the Public Trustee — keeping it safe if the deal falls through.\n\n### 5. Sunset clause protections (added in 2023)\nA **\"sunset clause\"** is a term in a contract that says the deal can be cancelled if certain milestones (like land registration) aren't reached by a deadline. A common developer tactic was to deliberately delay development, trigger the sunset clause, cancel contracts, then resell the land at higher prices.\n\nThe 2023 amendments **ban automatic cancellation** under sunset clauses. Now:\n- A seller **cannot** just let a deadline pass and automatically cancel your contract\n- To cancel under a sunset clause, the seller must **either** get your written consent (after giving you at least 28 days' written notice explaining why) **or** get permission from the **Supreme Court**\n- The Supreme Court will only allow cancellation if it's fair in all the circumstances — and it must consider whether land values have increased, whether the developer acted in bad faith, and the impact on you as the buyer\n- If the seller goes to court, **they pay your legal costs** unless you unreasonably refused to consent\n\n### 6. No contracting out\nAny clause in a contract that tries to take away your rights under this Act is **void** (legally worthless).\n\n### 7. State leasehold land rules\nIf the land involves a State-held lease, there are additional government approvals required before it can be sold as a proposed lot.\n\n## Why does this matter to you?\n\nIf you're buying off-the-plan land in Queensland, this law gives you:\n✅ The right to accurate information before you commit\n✅ Protection if the developer changes the plans\n✅ A guaranteed timeline for settlement\n✅ Security for your deposit money\n✅ Protection against developers using sunset clauses to cancel your contract opportunistically"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.2(d)","severity":"low","reasoning":"Section 2(d) states the Act's object is 'to achieve the objects mentioned in paragraphs (a) to (c)' without imposing extra burdens. Paragraph (d) is not a standalone object but a constraint on how the other objects are to be achieved. Legislatively framing a method or constraint as an equal 'object' alongside substantive policy goals is logically incoherent — it is a meta-instruction dressed up as a purpose.","confidence":0.72,"description":"Self-referential object clause: the Act lists as one of its objects the achievement of its other objects without imposing additional procedural obligations. An object cannot meaningfully be 'to achieve other objects' — this is a goal about achieving goals, not a substantive object in itself."},{"type":"other","section":"sec.3(3) and sec.3(4)","severity":"medium","reasoning":"The Act's object under s2(b) is to protect consumers in property development. However, s3(3)(a) exempts 'large transactions' (same buyer, same seller, 6+ lots in 24 hours or single contract). This is likely intended to exclude B2B bulk developer trades, but the text does not restrict the exemption to commercial parties. A mum-and-dad investor buying 6 townhouses off-the-plan in a single contract would lose all statutory protections. This undermines the consumer protection object.","confidence":0.65,"description":"The 'large transaction' exemption perversely excludes consumer protection for bulk buyers. A sale of 6+ proposed lots to the same buyer under a single contract is exempt from the Act's consumer protection provisions, meaning a single consumer buying 6 lots in one transaction gets no statutory protection, while a consumer buying 5 lots in the same transaction does. The exemption benefits sophisticated developers transacting in bulk but could inadvertently catch a single consumer making a large purchase."},{"type":"circular_definition","section":"sec.12(1)(a)","severity":"medium","reasoning":"Section 10(1) requires the seller to give both a disclosure plan AND a disclosure statement before the buyer enters the contract. Section 12(1)(a) then requires the disclosure statement to confirm the disclosure plan was given. Since both documents must be given simultaneously (before contract), the statement is asserting the truth of an event that is occurring at the very same moment. If the plan is not given, the statement is a false declaration; if it is given, the attestation serves no protective function for the buyer.","confidence":0.78,"description":"Circular self-attestation: the disclosure statement must state 'that the seller has given the buyer a disclosure plan for the proposed lot under section 10.' This requires the seller to attest in a document given with or before the contract that they have done the very thing required before giving that document. If the disclosure plan has not yet been given, the statement is false; if it has been given, the attestation is redundant. The statement cannot function as a meaningful disclosure."},{"type":"other","section":"sec.13(6)","severity":"medium","reasoning":"Section 13 is titled 'Variation of disclosure plan by further statement' and all preceding subsections (1)-(5) refer to the disclosure plan. Subsection (6) then introduces a buyer's right to terminate by reference to the inaccuracy of the 'disclosure statement' rather than the 'disclosure plan'. This is internally inconsistent with the rest of s13 and could create genuine uncertainty about the scope of the buyer's termination right.","confidence":0.82,"description":"Internal mislabelling: section 13(6) allows the buyer to terminate if the seller fails to comply with section 13 and the buyer would be materially prejudiced 'given the extent to which the disclosure statement was, or has become, inaccurate.' Section 13 deals exclusively with the disclosure PLAN, not the disclosure statement. The reference to 'disclosure statement' in s13(6) appears to be a drafting error, creating ambiguity about whether the termination right relates to plan inaccuracy or statement inaccuracy."},{"type":"impossible_compliance","section":"sec.14(3)(b)","severity":"medium","reasoning":"s10(2) explicitly permits the disclosure plan to contain inaccuracies. s13 provides for further statements to rectify those inaccuracies. s14(3)(b) then requires a surveyor's certificate that there are 'no differences' between the registered plan and the disclosure plan. Without the s14(4) qualification (which modifies 'disclosure plan' to mean the plan as rectified), the obligation would be impossible to satisfy in almost all cases where inaccuracies existed. The legislative fix in s14(4) partially addresses this but relies on careful cross-reading.","confidence":0.7,"description":"Impossible compliance in many real-world scenarios: the seller must provide a surveyor's statement that 'there are no differences' between the registered plan and the disclosure plan. However, section 10(2) expressly acknowledges the disclosure plan may contain inaccuracies, and section 13 creates a whole regime for rectifying inaccuracies. In practice, after corrections via further statements under s13, the registered plan will almost inevitably differ from the original disclosure plan, making strict compliance with s14(3)(b) impossible unless read subject to s14(4)."},{"type":"other","section":"sec.19D(3) and sec.19E(2)","severity":"low","reasoning":"A legislative 'must' ordinarily carries legal weight, but s19E creates a duty to respond with no penalty for non-compliance and expressly states silence cannot be read as consent. The buyer is simultaneously required to respond and protected from any consequence of not responding. This makes the 'must' in s19E(2) meaningless and potentially misleading to unsophisticated buyers who may feel legally obligated to engage.","confidence":0.68,"description":"The sunset clause notice regime creates a timing impossibility in borderline cases: the notice must be given at least 28 days before the sunset date (s19D), and the buyer 'must respond no later than the day immediately before the sunset date' (s19D(3)(d)). However, s19E(2) says the buyer must 'respond to the notice within the time stated in the notice.' The obligation to respond is framed as mandatory ('must') yet s19E(3) states that failure to respond cannot be taken as evidence of consent. The 'must' respond obligation has no stated consequence or enforcement mechanism, rendering it legally hollow."},{"type":"other","section":"sec.27","severity":"medium","reasoning":"Section 27 in the current Act (the 2014 transitional provision) purports to apply 'section 27 as amended by ... Act 2012, section 22B.' The original s27 was omitted in 2014 (see amendment history). The current s27 is a different provision (formerly s37, renumbered). The cross-reference to the 2012-amended version of s27 now points to a provision that has been entirely replaced, creating a circular and potentially unworkable transitional regime.","confidence":0.6,"description":"Retroactive self-reference: section 27 is a transitional provision that applies 'section 27 as amended by the Sustainable Planning and Other Legislation Amendment Act 2012.' The provision refers to itself by section number, but the section was omitted and replaced in 2014. The transitional section now applies to a version of itself that no longer exists in operative form, creating a zombie reference to a repealed provision."},{"type":"other","section":"sec.19F(4)","severity":"low","reasoning":"While not strictly a logical impossibility, the default costs rule in s19F(4) creates a structural disincentive for sellers to seek court approval in cases of genuine hardship. This sits awkwardly against s19F(3)(c) which requires the court to consider 'matters beyond the seller's reasonable control.' A seller whose project failed through no fault may still face adverse costs orders, potentially defeating the purpose of having a judicial pathway.","confidence":0.55,"description":"Perverse cost incentive for sellers: the seller must pay the buyer's costs in Supreme Court termination proceedings UNLESS the buyer 'unreasonably withheld consent.' This creates a paradox — a seller who applies to court because the buyer reasonably refused consent will bear costs, which is appropriate. However, the costs provision may deter meritorious seller applications in cases of genuine project failure beyond the seller's control, undermining the regime's stated intent of providing a judicial avenue for termination."}],"contradictions":[{"severity":"medium","section_a":"sec.2(b)","section_b":"sec.3(3)(a) and sec.3(4)","confidence":0.65,"description":"The Act's stated object of protecting consumer interests is directly undermined by the 'large transaction' exemption, which removes all Act protections for transactions involving 6+ proposed lots sold to the same buyer in 24 hours, with no requirement that the buyer be a commercial entity rather than a consumer."},{"severity":"low","section_a":"sec.10(2)","section_b":"sec.12(1)(a)","confidence":0.6,"description":"Section 10(2) permits the disclosure plan to contain inaccuracies (provided it is 'substantially complete'), yet section 12(1)(a) requires the disclosure statement to confirm the seller 'has given the buyer a disclosure plan under section 10.' If the plan is substantially inaccurate, a question arises whether the seller has truly 'given' a compliant disclosure plan, creating tension between the tolerance for inaccuracy in s10(2) and the positive attestation required in s12(1)(a)."},{"severity":"medium","section_a":"sec.10(2)","section_b":"sec.14(3)(b)","confidence":0.75,"description":"Section 10(2) expressly permits the disclosure plan to contain inaccuracies, while section 14(3)(b) requires a cadastral surveyor to certify there are 'no differences' between the registered plan and the disclosure plan. These provisions pull in opposite directions — one acknowledges and tolerates inaccuracy, the other requires certification of exact correspondence. Section 14(4) partially resolves this only where a further statement was given under s13, leaving the contradiction operative in cases where inaccuracies were never rectified via a further statement."},{"severity":"medium","section_a":"sec.13(2)","section_b":"sec.13(6)","confidence":0.8,"description":"Section 13(2) imposes an obligation on the seller to give a further statement at least 21 days before settlement. Section 13(6) then purports to give the buyer a termination right if the seller 'fails to comply with this section' but conditions it on the buyer being materially prejudiced by inaccuracy in the 'disclosure statement' (not the disclosure plan). Section 13 deals only with the disclosure plan; the reference to 'disclosure statement' in subsection (6) is inconsistent with all other subsections of s13 and could be read as introducing a separate and inconsistent termination trigger."},{"severity":"medium","section_a":"sec.19E(2)(b)","section_b":"sec.19E(3)","confidence":0.78,"description":"Section 19E(2)(b) imposes a mandatory obligation on the buyer to 'respond to the notice within the time stated in the notice,' while section 19E(3) provides that failure to respond 'is not to be taken as evidence that the buyer consents to the termination.' The mandatory 'must respond' in subsection (2) is rendered entirely without consequence by subsection (3), creating an unenforceable and therefore meaningless statutory duty."},{"severity":"medium","section_a":"sec.19D(1)(a)","section_b":"sec.19F(1)","confidence":0.7,"description":"Section 19D(1)(a) allows termination by the seller with buyer's written consent, while section 19F(1) allows the seller to seek court approval to terminate without the buyer's consent. Section 19F(4) then makes the seller pay the buyer's costs in court proceedings unless the buyer 'unreasonably withheld consent.' This creates an internal tension: the court route exists precisely because consent was not forthcoming, yet withholding consent is treated as potentially 'unreasonable,' implying the buyer has a quasi-obligation to consent in some circumstances — which conflicts with the buyer protection purpose of the division."},{"severity":"medium","section_a":"sec.14(1)","section_b":"sec.19B (definition of sunset date, para (b))","confidence":0.62,"description":"Section 14(1) requires settlement not later than 18 months after the buyer enters the contract. Section 19B defines the sunset date for a settlement-related relevant event as potentially a 'later settlement day' agreed between parties where the buyer has not terminated under s14(5). This suggests the 18-month deadline in s14(1) can be effectively extended by party agreement after the deadline has passed, which could undermine the mandatory nature of the s14(1) obligation and the buyer's right to terminate under s14(5)."}]},"kimi_summary":{"_metrics":{"completionTokens":802},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its 1984 origins. Originally focused on basic disclosure for land subdivisions, it now encompasses: (1) complex trust account arrangements for deposit protection; (2) detailed technical survey standards; (3) sunset clause protections added in 2023 responding to developer abuse concerns; (4) e-conveyancing transitional adaptations; and (5) integration with modern planning frameworks (MEDQ, PDAs). The 2023 amendments in particular represent a major consumer protection expansion into contract termination rights that goes well beyond the original disclosure-focused scope."},"complexity_factors":["Multiple nested definitions (e.g., 'sunset date' has different calculations depending on event type)","Extensive cross-referencing between this Act and at least 5 other Queensland statutes (Planning Act, Economic Development Act, Land Act 1994, Land Title Act 1994, Fair Trading Inspectors Act 2014)","Conditional logic with multiple exceptions (e.g., trust account rules vary by entity type: law practice, public trustee, or real estate agent)","Transitional provisions creating parallel regimes — old and new sections apply depending on contract date and e-conveyancing elections","Detailed technical requirements for disclosure plans including contour intervals, volumetric vs standard format lots, and Australian Standard compliance for fill compaction","Sunset clause provisions with multi-step procedural requirements (notice → consent → court order) and 11-factor judicial discretion test","Agent attribution rules with reverse onus of proof for corporate defendants"],"plain_english_summary":"This Queensland law protects people buying land that hasn't been created yet — what lawyers call \"off-the-plan\" sales. Think of buying an apartment in a building that hasn't been built, or a block in a subdivision that only exists on paper.\n\n**What sellers must do:**\n- **Before signing:** Give buyers a detailed disclosure plan (prepared by a surveyor) showing exactly what they're buying — dimensions, contours, any earthworks, retaining walls, and fill details. They must also provide a disclosure statement confirming development approvals exist and setting a maximum 18-month settlement deadline.\n- **Before settlement:** Provide the final registered survey plan and a surveyor's statement confirming it matches what was disclosed.\n- **If things change:** If the disclosure plan becomes inaccurate (say, the fill depth changes), sellers must give buyers a corrected \"further statement\" at least 21 days before settlement. Buyers can then terminate if they'd be materially disadvantaged.\n\n**Money protection:**\nDeposits and other payments must go into prescribed trust accounts held by lawyers, real estate agents, or the Public Trustee — not directly to developers. This money can only be released according to strict rules, and can be invested if all parties agree.\n\n**Sunset clause protections (new in 2023):**\nContracts often include \"sunset clauses\" allowing termination if key events (like plan registration) don't happen by a deadline. This Act now prevents automatic termination. Sellers can only terminate if:\n- The buyer consents in writing after receiving 28 days' notice explaining why; or\n- The Supreme Court orders it, considering fairness factors like whether the seller acted in bad faith, whether delays were beyond their control, and effects on both parties.\n\n**Who's covered:**\nThe Act applies to Queensland land regardless of where the contract was signed, but excludes bulk sales (6+ lots to the same buyer within 24 hours) and small subdivisions (5 or fewer lots).\n\n**Key protections:**\n- Buyers can terminate if sellers fail to provide required documents\n- Sellers must settle within 18 months or buyers can walk away\n- Any contract term trying to bypass these protections is void\n- Sellers are criminally liable for representatives' actions unless they prove they couldn't have prevented them"}},"importantCases":[],"_links":{"self":"/api/acts/land-sales-act-1984","history":"/api/acts/land-sales-act-1984/history","analysis":"/api/acts/land-sales-act-1984/analysis","conflicts":"/api/acts/land-sales-act-1984/conflicts","importantCases":"/api/acts/land-sales-act-1984/important-cases","documents":"/api/acts/land-sales-act-1984/documents"}}