{"id":"qld:act-2014-022","name":"Property Occupations Act 2014","slug":"property-occupations-act-2014","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"22 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29684,"registerId":"qld-act-2014-022-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Property Occupations Act 2014 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than part 16 , commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State, the Commonwealth or any other State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) Nothing in this Act makes the State, the Commonwealth or any other State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Relationship with Fair Trading Inspectors Act 2014","content":"### sec.4 Relationship with Fair Trading Inspectors Act 2014\n\nThe Fair Trading Inspectors Act 2014 enacts common provisions for this Act and particular other Acts about fair trading.\nUnless this Act otherwise provides in relation to the Fair Trading Inspectors Act 2014 , 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.\nSee also the modifying provision for this Act stated in the Fair Trading Inspectors Act 2014 , section 6 .\n(sec.4-ssec.1) The Fair Trading Inspectors Act 2014 enacts common provisions for this Act and particular other Acts about fair trading.\n(sec.4-ssec.2) Unless this Act otherwise provides in relation to the Fair Trading Inspectors Act 2014 , 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. See also the modifying provision for this Act stated in the Fair Trading Inspectors Act 2014 , section 6 .","sortOrder":5},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Exemptions","content":"## Exemptions","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Particular auctions","content":"### sec.5 Particular auctions\n\nParts 3 and 4 and part 6 , divisions 1 and 2 to the extent they relate to a property agent do not apply to—\na sale made under a rule, order, or judgment of the Supreme Court or District Court; or\na sale made by a person obeying an order of, or a process issued by, a court, judge or justice, or the registrar of the State Penalties Enforcement Registry for the recovery of a fine, penalty or award; or\na sale of an animal lawfully seized and sold under the Animal Care and Protection Act 2001 or another law about seizing or impounding an animal; or\na sale conducted for a charity, a religious denomination or an organisation formed for a community purpose, within the meaning of the Collections Act 1966 ( relevant entity ) if—\nthe person conducting the sale does not receive from the relevant entity a reward for the person’s services; and\namounts received from the sale are paid directly to an officer or employee of the relevant entity who is authorised by the relevant entity to receive and deal with the amounts.\nIn this section—\nsale means a sale, attempted sale or an offering for sale or resale, by way of auction.\n(sec.5-ssec.1) Parts 3 and 4 and part 6 , divisions 1 and 2 to the extent they relate to a property agent do not apply to— a sale made under a rule, order, or judgment of the Supreme Court or District Court; or a sale made by a person obeying an order of, or a process issued by, a court, judge or justice, or the registrar of the State Penalties Enforcement Registry for the recovery of a fine, penalty or award; or a sale of an animal lawfully seized and sold under the Animal Care and Protection Act 2001 or another law about seizing or impounding an animal; or a sale conducted for a charity, a religious denomination or an organisation formed for a community purpose, within the meaning of the Collections Act 1966 ( relevant entity ) if— the person conducting the sale does not receive from the relevant entity a reward for the person’s services; and amounts received from the sale are paid directly to an officer or employee of the relevant entity who is authorised by the relevant entity to receive and deal with the amounts.\n(sec.5-ssec.2) In this section— sale means a sale, attempted sale or an offering for sale or resale, by way of auction.\n- (a) a sale made under a rule, order, or judgment of the Supreme Court or District Court; or\n- (b) a sale made by a person obeying an order of, or a process issued by, a court, judge or justice, or the registrar of the State Penalties Enforcement Registry for the recovery of a fine, penalty or award; or\n- (c) a sale of an animal lawfully seized and sold under the Animal Care and Protection Act 2001 or another law about seizing or impounding an animal; or\n- (d) a sale conducted for a charity, a religious denomination or an organisation formed for a community purpose, within the meaning of the Collections Act 1966 ( relevant entity ) if— (i) the person conducting the sale does not receive from the relevant entity a reward for the person’s services; and (ii) amounts received from the sale are paid directly to an officer or employee of the relevant entity who is authorised by the relevant entity to receive and deal with the amounts.\n- (i) the person conducting the sale does not receive from the relevant entity a reward for the person’s services; and\n- (ii) amounts received from the sale are paid directly to an officer or employee of the relevant entity who is authorised by the relevant entity to receive and deal with the amounts.\n- (i) the person conducting the sale does not receive from the relevant entity a reward for the person’s services; and\n- (ii) amounts received from the sale are paid directly to an officer or employee of the relevant entity who is authorised by the relevant entity to receive and deal with the amounts.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Administrators etc.","content":"### sec.6 Administrators etc.\n\nThis section applies to the following persons (each an appointee )—\na person appointed under the Corporations Act as an administrator of a corporation that is or was authorised under a licence or former licence to perform an activity;\na person appointed under the Corporations Act as an administrator of a deed of company arrangement for a corporation that is or was authorised under a licence or former licence to perform an activity;\na person appointed under the Corporations Act as a liquidator, or controller of property, of a corporation that is or was authorised under a licence or former licence to perform an activity;\na person appointed under the Administration Act as a receiver for property of an entity that is or was authorised under a licence or former licence to perform an activity;\na person appointed under the Bankruptcy Act 1966 (Cwlth) as the trustee in bankruptcy, or the Official Receiver, for an individual who is or was authorised under a licence or former licence to perform an activity.\nThe appointee is exempt from the provisions mentioned in subsection (3) while performing the activity in relation to a business that is or was authorised to be carried on under—\nfor a licence that is in force— the licence; or\nfor a former licence that is not in force—the former licence immediately before it stopped being in force.\nFor subsection (2) , the provisions are—\nsections 84 and 85 ; and\npart 3 , division 2 ; and\nsections 97 , 100 and 102 .\nIn this section—\nformer licence means a licence that was previously in force.\nperson appointed as the trustee in bankruptcy , for an individual, includes the Official Trustee in Bankruptcy under the Bankruptcy Act 1966 (Cwlth) if the Official Trustee is the trustee in bankruptcy for the individual.\n(sec.6-ssec.1) This section applies to the following persons (each an appointee )— a person appointed under the Corporations Act as an administrator of a corporation that is or was authorised under a licence or former licence to perform an activity; a person appointed under the Corporations Act as an administrator of a deed of company arrangement for a corporation that is or was authorised under a licence or former licence to perform an activity; a person appointed under the Corporations Act as a liquidator, or controller of property, of a corporation that is or was authorised under a licence or former licence to perform an activity; a person appointed under the Administration Act as a receiver for property of an entity that is or was authorised under a licence or former licence to perform an activity; a person appointed under the Bankruptcy Act 1966 (Cwlth) as the trustee in bankruptcy, or the Official Receiver, for an individual who is or was authorised under a licence or former licence to perform an activity.\n(sec.6-ssec.2) The appointee is exempt from the provisions mentioned in subsection (3) while performing the activity in relation to a business that is or was authorised to be carried on under— for a licence that is in force— the licence; or for a former licence that is not in force—the former licence immediately before it stopped being in force.\n(sec.6-ssec.3) For subsection (2) , the provisions are— sections 84 and 85 ; and part 3 , division 2 ; and sections 97 , 100 and 102 .\n(sec.6-ssec.4) In this section— former licence means a licence that was previously in force. person appointed as the trustee in bankruptcy , for an individual, includes the Official Trustee in Bankruptcy under the Bankruptcy Act 1966 (Cwlth) if the Official Trustee is the trustee in bankruptcy for the individual.\n- (a) a person appointed under the Corporations Act as an administrator of a corporation that is or was authorised under a licence or former licence to perform an activity;\n- (b) a person appointed under the Corporations Act as an administrator of a deed of company arrangement for a corporation that is or was authorised under a licence or former licence to perform an activity;\n- (c) a person appointed under the Corporations Act as a liquidator, or controller of property, of a corporation that is or was authorised under a licence or former licence to perform an activity;\n- (d) a person appointed under the Administration Act as a receiver for property of an entity that is or was authorised under a licence or former licence to perform an activity;\n- (e) a person appointed under the Bankruptcy Act 1966 (Cwlth) as the trustee in bankruptcy, or the Official Receiver, for an individual who is or was authorised under a licence or former licence to perform an activity.\n- (a) for a licence that is in force— the licence; or\n- (b) for a former licence that is not in force—the former licence immediately before it stopped being in force.\n- (a) sections 84 and 85 ; and\n- (b) part 3 , division 2 ; and\n- (c) sections 97 , 100 and 102 .","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Related entities","content":"### sec.7 Related entities\n\nAn entity ( exempt entity ) is exempt from this Act if the entity—\ncarries on the business of a property agent or resident letting agent in relation to assets, other than residential property, of—\nanother entity the majority of which is directly or indirectly owned by the exempt entity; or\nanother entity, if the majority of both entities is directly or indirectly owned by the same persons; or\nanother entity that directly or indirectly owns the majority of the exempt entity; and\nis a property agent or resident letting agent only because of the business carried on by it in relation to the assets; and\nwhen carrying on that business as a property agent or resident letting agent discloses in writing in any advertising or contract relating to the assets its relationship to the owner of the assets.\n- (a) carries on the business of a property agent or resident letting agent in relation to assets, other than residential property, of— (i) another entity the majority of which is directly or indirectly owned by the exempt entity; or (ii) another entity, if the majority of both entities is directly or indirectly owned by the same persons; or (iii) another entity that directly or indirectly owns the majority of the exempt entity; and\n- (i) another entity the majority of which is directly or indirectly owned by the exempt entity; or\n- (ii) another entity, if the majority of both entities is directly or indirectly owned by the same persons; or\n- (iii) another entity that directly or indirectly owns the majority of the exempt entity; and\n- (b) is a property agent or resident letting agent only because of the business carried on by it in relation to the assets; and\n- (c) when carrying on that business as a property agent or resident letting agent discloses in writing in any advertising or contract relating to the assets its relationship to the owner of the assets.\n- (i) another entity the majority of which is directly or indirectly owned by the exempt entity; or\n- (ii) another entity, if the majority of both entities is directly or indirectly owned by the same persons; or\n- (iii) another entity that directly or indirectly owns the majority of the exempt entity; and","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Large scale non-residential property transactions or holdings","content":"### sec.8 Large scale non-residential property transactions or holdings\n\nA person acting as a property agent for the sale or exchange of real property, other than residential property or rural land, is exempt from this Act for the transaction if—\nthe real property for the transaction has—\na total gross floor area of at least the area prescribed under a regulation; or\na total estimated value of at least the amount prescribed under a regulation; or\neach party to the transaction owns real property, other than the real property for the transaction, that has—\na total gross floor area of at least the area prescribed under a regulation; or\na total estimated value of at least the amount prescribed under a regulation.\nA person acting as a property agent or resident letting agent for the letting of real property or collecting rents for real property, other than residential property or rural land, is exempt from this Act if the person is acting on behalf of an entity that owns real property that has—\na total gross floor area of at least the area prescribed under a regulation; or\na total estimated value of at least the amount prescribed under a regulation.\nTo remove any doubt, it is declared that, without limiting subsection (2) , the subsection applies if the person is acting as a property agent or resident letting agent for 2 or more entities engaged in a joint venture arrangement and the entities, individually or collectively, own real property that has—\na total gross floor area of at least the area prescribed under a regulation; or\na total estimated value of at least the amount prescribed under a regulation.\nIn this section—\nestimated value , of real property, means the estimate, made on reasonable grounds by the person acting as—\na property agent for the sale of the property, of the price payable for the property; or\na property agent for the exchange of the property, of the value of the property; or\na property agent or resident letting agent for the letting of the property or collecting rents for the property, of the value of the property.\nrural land means land used, intended to be used, or apparently intended to be used, for gain or profit, for grazing livestock or cultivating crops.\n(sec.8-ssec.1) A person acting as a property agent for the sale or exchange of real property, other than residential property or rural land, is exempt from this Act for the transaction if— the real property for the transaction has— a total gross floor area of at least the area prescribed under a regulation; or a total estimated value of at least the amount prescribed under a regulation; or each party to the transaction owns real property, other than the real property for the transaction, that has— a total gross floor area of at least the area prescribed under a regulation; or a total estimated value of at least the amount prescribed under a regulation.\n(sec.8-ssec.2) A person acting as a property agent or resident letting agent for the letting of real property or collecting rents for real property, other than residential property or rural land, is exempt from this Act if the person is acting on behalf of an entity that owns real property that has— a total gross floor area of at least the area prescribed under a regulation; or a total estimated value of at least the amount prescribed under a regulation.\n(sec.8-ssec.3) To remove any doubt, it is declared that, without limiting subsection (2) , the subsection applies if the person is acting as a property agent or resident letting agent for 2 or more entities engaged in a joint venture arrangement and the entities, individually or collectively, own real property that has— a total gross floor area of at least the area prescribed under a regulation; or a total estimated value of at least the amount prescribed under a regulation.\n(sec.8-ssec.4) In this section— estimated value , of real property, means the estimate, made on reasonable grounds by the person acting as— a property agent for the sale of the property, of the price payable for the property; or a property agent for the exchange of the property, of the value of the property; or a property agent or resident letting agent for the letting of the property or collecting rents for the property, of the value of the property. rural land means land used, intended to be used, or apparently intended to be used, for gain or profit, for grazing livestock or cultivating crops.\n- (a) the real property for the transaction has— (i) a total gross floor area of at least the area prescribed under a regulation; or (ii) a total estimated value of at least the amount prescribed under a regulation; or\n- (i) a total gross floor area of at least the area prescribed under a regulation; or\n- (ii) a total estimated value of at least the amount prescribed under a regulation; or\n- (b) each party to the transaction owns real property, other than the real property for the transaction, that has— (i) a total gross floor area of at least the area prescribed under a regulation; or (ii) a total estimated value of at least the amount prescribed under a regulation.\n- (i) a total gross floor area of at least the area prescribed under a regulation; or\n- (ii) a total estimated value of at least the amount prescribed under a regulation.\n- (i) a total gross floor area of at least the area prescribed under a regulation; or\n- (ii) a total estimated value of at least the amount prescribed under a regulation; or\n- (i) a total gross floor area of at least the area prescribed under a regulation; or\n- (ii) a total estimated value of at least the amount prescribed under a regulation.\n- (a) a total gross floor area of at least the area prescribed under a regulation; or\n- (b) a total estimated value of at least the amount prescribed under a regulation.\n- (a) a total gross floor area of at least the area prescribed under a regulation; or\n- (b) a total estimated value of at least the amount prescribed under a regulation.\n- (a) a property agent for the sale of the property, of the price payable for the property; or\n- (b) a property agent for the exchange of the property, of the value of the property; or\n- (c) a property agent or resident letting agent for the letting of the property or collecting rents for the property, of the value of the property.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Other exemptions from this Act","content":"### sec.9 Other exemptions from this Act\n\nA regulation may exempt from this Act a class of person who acts as a property agent or resident letting agent for an entity if the class of person is acting as a property agent or resident letting agent for another entity related to the entity.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Financial institutions and trustee companies","content":"### sec.10 Financial institutions and trustee companies\n\nParts 3 and 4 and part 6 , divisions 1 and 2 to the extent they relate to a property agent do not apply to a financial institution or trustee company.\nIn this section—\ntrustee company means—\na trustee company under the Trustee Companies Act 1968 ; or\nthe public trustee when the public trustee is—\nperforming the activities that may be performed by a trustee company; or\nexercising the powers that may be exercised by a trustee company; or\nholding an office that may be held by a trustee company.\n(sec.10-ssec.1) Parts 3 and 4 and part 6 , divisions 1 and 2 to the extent they relate to a property agent do not apply to a financial institution or trustee company.\n(sec.10-ssec.2) In this section— trustee company means— a trustee company under the Trustee Companies Act 1968 ; or the public trustee when the public trustee is— performing the activities that may be performed by a trustee company; or exercising the powers that may be exercised by a trustee company; or holding an office that may be held by a trustee company.\n- (a) a trustee company under the Trustee Companies Act 1968 ; or\n- (b) the public trustee when the public trustee is— (i) performing the activities that may be performed by a trustee company; or (ii) exercising the powers that may be exercised by a trustee company; or (iii) holding an office that may be held by a trustee company.\n- (i) performing the activities that may be performed by a trustee company; or\n- (ii) exercising the powers that may be exercised by a trustee company; or\n- (iii) holding an office that may be held by a trustee company.\n- (i) performing the activities that may be performed by a trustee company; or\n- (ii) exercising the powers that may be exercised by a trustee company; or\n- (iii) holding an office that may be held by a trustee company.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Non-profit corporations","content":"### sec.11 Non-profit corporations\n\nA non-profit corporation is exempt from parts 3 and 4 and part 6 , divisions 1 and 2 if—\nthe corporation provides or locates—\naffordable rental housing under an affordable housing scheme; or\napproved supported accommodation; and\nthe providing or locating of the housing or accommodation is funded or managed by the Commonwealth, a State or a local government.\nSubsection (1) does not apply if the non-profit corporation is otherwise carrying on the business of a resident letting agent or property agent.\nTo remove any doubt, it is declared that a corporation does not stop being a non-profit corporation only because it receives a reward for providing its services to another non-profit corporation.\nIn this section—\naffordable housing scheme see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 .\napproved supported accommodation see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 .\nnon-profit corporation means a corporation formed for a purpose other than the purpose of making a profit.\n(sec.11-ssec.1) A non-profit corporation is exempt from parts 3 and 4 and part 6 , divisions 1 and 2 if— the corporation provides or locates— affordable rental housing under an affordable housing scheme; or approved supported accommodation; and the providing or locating of the housing or accommodation is funded or managed by the Commonwealth, a State or a local government.\n(sec.11-ssec.2) Subsection (1) does not apply if the non-profit corporation is otherwise carrying on the business of a resident letting agent or property agent.\n(sec.11-ssec.3) To remove any doubt, it is declared that a corporation does not stop being a non-profit corporation only because it receives a reward for providing its services to another non-profit corporation.\n(sec.11-ssec.4) In this section— affordable housing scheme see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 . approved supported accommodation see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 . non-profit corporation means a corporation formed for a purpose other than the purpose of making a profit.\n- (a) the corporation provides or locates— (i) affordable rental housing under an affordable housing scheme; or (ii) approved supported accommodation; and\n- (i) affordable rental housing under an affordable housing scheme; or\n- (ii) approved supported accommodation; and\n- (b) the providing or locating of the housing or accommodation is funded or managed by the Commonwealth, a State or a local government.\n- (i) affordable rental housing under an affordable housing scheme; or\n- (ii) approved supported accommodation; and","sortOrder":13},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Objects of Act","content":"## Objects of Act","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Objects","content":"### sec.12 Objects\n\nThe objects of this Act are—\nto provide a system for licensing and regulating persons as property agents or resident letting agents and for registering and regulating persons as real estate salespersons that achieves an appropriate balance between—\nthe need to regulate for the protection of consumers; and\nthe need to promote freedom of enterprise in the market place; and\nto provide a way of protecting consumers against particular undesirable practices associated with the promotion of residential property.\nThe objects are to be achieved by—\nensuring—\nonly suitable persons with appropriate qualifications are licensed or registered; and\npersons who carry on business or are in charge of a licensee’s business at a place under the authority of a licence maintain close personal supervision of the way the business is carried on; and\nproviding—\nprotection for consumers in their dealings with licensees and their employees; and\na legislative framework within which persons performing activities for licensees may lawfully operate; and\nregulating fees and commissions that can be charged for particular transactions; and\nproviding protection for consumers in their dealings with marketeers; and\nproviding for the enforcement of matters involving marketeers; and\nproviding increased flexibility in enforcement measures through injunctions, undertakings, and, for contraventions by marketeers, preservation of assets and civil penalties; and\npromoting administrative efficiency by providing that—\nresponsibility for licensing rests with the chief executive; and\nresponsibility for reviewing particular decisions of the chief executive rests with QCAT; and\nresponsibility for disciplinary matters rests with QCAT.\n(sec.12-ssec.1) The objects of this Act are— to provide a system for licensing and regulating persons as property agents or resident letting agents and for registering and regulating persons as real estate salespersons that achieves an appropriate balance between— the need to regulate for the protection of consumers; and the need to promote freedom of enterprise in the market place; and to provide a way of protecting consumers against particular undesirable practices associated with the promotion of residential property.\n(sec.12-ssec.2) The objects are to be achieved by— ensuring— only suitable persons with appropriate qualifications are licensed or registered; and persons who carry on business or are in charge of a licensee’s business at a place under the authority of a licence maintain close personal supervision of the way the business is carried on; and providing— protection for consumers in their dealings with licensees and their employees; and a legislative framework within which persons performing activities for licensees may lawfully operate; and regulating fees and commissions that can be charged for particular transactions; and providing protection for consumers in their dealings with marketeers; and providing for the enforcement of matters involving marketeers; and providing increased flexibility in enforcement measures through injunctions, undertakings, and, for contraventions by marketeers, preservation of assets and civil penalties; and promoting administrative efficiency by providing that— responsibility for licensing rests with the chief executive; and responsibility for reviewing particular decisions of the chief executive rests with QCAT; and responsibility for disciplinary matters rests with QCAT.\n- (a) to provide a system for licensing and regulating persons as property agents or resident letting agents and for registering and regulating persons as real estate salespersons that achieves an appropriate balance between— (i) the need to regulate for the protection of consumers; and (ii) the need to promote freedom of enterprise in the market place; and\n- (i) the need to regulate for the protection of consumers; and\n- (ii) the need to promote freedom of enterprise in the market place; and\n- (b) to provide a way of protecting consumers against particular undesirable practices associated with the promotion of residential property.\n- (i) the need to regulate for the protection of consumers; and\n- (ii) the need to promote freedom of enterprise in the market place; and\n- (a) ensuring— (i) only suitable persons with appropriate qualifications are licensed or registered; and (ii) persons who carry on business or are in charge of a licensee’s business at a place under the authority of a licence maintain close personal supervision of the way the business is carried on; and\n- (i) only suitable persons with appropriate qualifications are licensed or registered; and\n- (ii) persons who carry on business or are in charge of a licensee’s business at a place under the authority of a licence maintain close personal supervision of the way the business is carried on; and\n- (b) providing— (i) protection for consumers in their dealings with licensees and their employees; and (ii) a legislative framework within which persons performing activities for licensees may lawfully operate; and\n- (i) protection for consumers in their dealings with licensees and their employees; and\n- (ii) a legislative framework within which persons performing activities for licensees may lawfully operate; and\n- (c) regulating fees and commissions that can be charged for particular transactions; and\n- (d) providing protection for consumers in their dealings with marketeers; and\n- (e) providing for the enforcement of matters involving marketeers; and\n- (f) providing increased flexibility in enforcement measures through injunctions, undertakings, and, for contraventions by marketeers, preservation of assets and civil penalties; and\n- (g) promoting administrative efficiency by providing that— (i) responsibility for licensing rests with the chief executive; and (ii) responsibility for reviewing particular decisions of the chief executive rests with QCAT; and (iii) responsibility for disciplinary matters rests with QCAT.\n- (i) responsibility for licensing rests with the chief executive; and\n- (ii) responsibility for reviewing particular decisions of the chief executive rests with QCAT; and\n- (iii) responsibility for disciplinary matters rests with QCAT.\n- (i) only suitable persons with appropriate qualifications are licensed or registered; and\n- (ii) persons who carry on business or are in charge of a licensee’s business at a place under the authority of a licence maintain close personal supervision of the way the business is carried on; and\n- (i) protection for consumers in their dealings with licensees and their employees; and\n- (ii) a legislative framework within which persons performing activities for licensees may lawfully operate; and\n- (i) responsibility for licensing rests with the chief executive; and\n- (ii) responsibility for reviewing particular decisions of the chief executive rests with QCAT; and\n- (iii) responsibility for disciplinary matters rests with QCAT.","sortOrder":15},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Definitions","content":"### sec.13 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 13 amd 2014 No. 22 s 287 sch 2 pt 1","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Who is an auctioneer","content":"### sec.14 Who is an auctioneer\n\nAn auctioneer is a person who holds an auctioneer licence authorising the performance of the activities mentioned in section 25 .","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Who is a property agent","content":"### sec.15 Who is a property agent\n\nA property agent is an auctioneer or a real estate agent.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Who is a real estate agent","content":"### sec.16 Who is a real estate agent\n\nA real estate agent is a person who holds a real estate agent licence authorising the performance of the activities mentioned in section 26 .","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Who is a resident letting agent","content":"### sec.17 Who is a resident letting agent\n\nA resident letting agent is a person who holds a resident letting agent licence authorising the performance of the activities mentioned in section 27 .","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Meaning of completes a residential property sale","content":"### sec.18 Meaning of completes a residential property sale\n\nA person completes a residential property sale if a residential property in which the person has an interest is sold, whether or not a transfer to the purchaser under the sale has been registered.\nHowever, the person is not to be taken to have completed a residential property sale if—\nthe person appointed a property agent to sell the interest in the residential property on the person’s behalf and the property agent is the effective cause of the sale; or\nthe person held the interest in the residential property as—\na personal representative; or\nan administrator under the Guardianship and Administration Act 2000 ; or\na beneficiary in, or a trustee of, a deceased person’s estate; or\na mortgagee; or\nthe person is a corporation and the corporation sold the corporation’s interest in the residential property to a related body corporate of the corporation; or\nthe interest in the residential property is sold under a court order.\nIn this section—\nrelated body corporate see the Corporations Act , section 9 .\n(sec.18-ssec.1) A person completes a residential property sale if a residential property in which the person has an interest is sold, whether or not a transfer to the purchaser under the sale has been registered.\n(sec.18-ssec.2) However, the person is not to be taken to have completed a residential property sale if— the person appointed a property agent to sell the interest in the residential property on the person’s behalf and the property agent is the effective cause of the sale; or the person held the interest in the residential property as— a personal representative; or an administrator under the Guardianship and Administration Act 2000 ; or a beneficiary in, or a trustee of, a deceased person’s estate; or a mortgagee; or the person is a corporation and the corporation sold the corporation’s interest in the residential property to a related body corporate of the corporation; or the interest in the residential property is sold under a court order.\n(sec.18-ssec.3) In this section— related body corporate see the Corporations Act , section 9 .\n- (a) the person appointed a property agent to sell the interest in the residential property on the person’s behalf and the property agent is the effective cause of the sale; or\n- (b) the person held the interest in the residential property as— (i) a personal representative; or (ii) an administrator under the Guardianship and Administration Act 2000 ; or (iii) a beneficiary in, or a trustee of, a deceased person’s estate; or (iv) a mortgagee; or\n- (i) a personal representative; or\n- (ii) an administrator under the Guardianship and Administration Act 2000 ; or\n- (iii) a beneficiary in, or a trustee of, a deceased person’s estate; or\n- (iv) a mortgagee; or\n- (c) the person is a corporation and the corporation sold the corporation’s interest in the residential property to a related body corporate of the corporation; or\n- (d) the interest in the residential property is sold under a court order.\n- (i) a personal representative; or\n- (ii) an administrator under the Guardianship and Administration Act 2000 ; or\n- (iii) a beneficiary in, or a trustee of, a deceased person’s estate; or\n- (iv) a mortgagee; or","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Meaning of in charge","content":"### sec.19 Meaning of in charge\n\nA person is in charge of a licensee’s business at a place where the licensee carries on business only if the person personally supervises, manages or controls the conduct of the licensee’s business at the place.\nIn this section—\nlicensee’s business means the licensee’s business carried on under the authority of the licensee’s licence.\n(sec.19-ssec.1) A person is in charge of a licensee’s business at a place where the licensee carries on business only if the person personally supervises, manages or controls the conduct of the licensee’s business at the place.\n(sec.19-ssec.2) In this section— licensee’s business means the licensee’s business carried on under the authority of the licensee’s licence.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Meaning of open listing","content":"### sec.20 Meaning of open listing\n\nAn open listing is a written agreement entered into between a person ( seller ) and a property agent ( selling agent ) under which the seller appoints the selling agent, in accordance with the terms of the agreement, to sell stated property and under the agreement—\nthe seller retains a right—\nto sell the seller’s property during the term of the agreement; or\nto appoint additional property agents as selling agents to sell the property on terms similar to those under the agreement; and\nthe appointed selling agent is entitled to remuneration only if he or she is the effective cause of sale; and\nthe appointment of the selling agent can be ended, at any time, by either—\nthe seller giving the selling agent written notice of the ending of the appointment; or\nthe selling agent giving the seller written notice of the ending of the appointment.\n- (a) the seller retains a right— (i) to sell the seller’s property during the term of the agreement; or (ii) to appoint additional property agents as selling agents to sell the property on terms similar to those under the agreement; and\n- (i) to sell the seller’s property during the term of the agreement; or\n- (ii) to appoint additional property agents as selling agents to sell the property on terms similar to those under the agreement; and\n- (b) the appointed selling agent is entitled to remuneration only if he or she is the effective cause of sale; and\n- (c) the appointment of the selling agent can be ended, at any time, by either— (i) the seller giving the selling agent written notice of the ending of the appointment; or (ii) the selling agent giving the seller written notice of the ending of the appointment.\n- (i) the seller giving the selling agent written notice of the ending of the appointment; or\n- (ii) the selling agent giving the seller written notice of the ending of the appointment.\n- (i) to sell the seller’s property during the term of the agreement; or\n- (ii) to appoint additional property agents as selling agents to sell the property on terms similar to those under the agreement; and\n- (i) the seller giving the selling agent written notice of the ending of the appointment; or\n- (ii) the selling agent giving the seller written notice of the ending of the appointment.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Meaning of residential property","content":"### sec.21 Meaning of residential property\n\nResidential property is real property that is used, or is intended to be used, for residential purposes but does not include real property that is used primarily for the purposes of industry, commerce or primary production.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Meaning of unsolicited invitation","content":"### sec.22 Meaning of unsolicited invitation\n\nAn unsolicited invitation to a person to attend a property information session includes an invitation—\naddressed personally to the person and sent to the person’s residential, business, postal or email address; or\nmade by telephoning the person, or by another personal approach to the person.\nAn invitation to a person to attend a property information session is not an unsolicited invitation if it is—\nmade at the person’s request, other than in response to an approach of a kind mentioned in subsection (1) (b) ; or\nmade to the public generally or a section of the public by media advertisement; or\naddressed non-specifically and sent to the person’s residential, business, postal or email address.\n‘The owner’\n‘The householder’\n(sec.22-ssec.1) An unsolicited invitation to a person to attend a property information session includes an invitation— addressed personally to the person and sent to the person’s residential, business, postal or email address; or made by telephoning the person, or by another personal approach to the person.\n(sec.22-ssec.2) An invitation to a person to attend a property information session is not an unsolicited invitation if it is— made at the person’s request, other than in response to an approach of a kind mentioned in subsection (1) (b) ; or made to the public generally or a section of the public by media advertisement; or addressed non-specifically and sent to the person’s residential, business, postal or email address. ‘The owner’ ‘The householder’\n- (a) addressed personally to the person and sent to the person’s residential, business, postal or email address; or\n- (b) made by telephoning the person, or by another personal approach to the person.\n- (a) made at the person’s request, other than in response to an approach of a kind mentioned in subsection (1) (b) ; or\n- (b) made to the public generally or a section of the public by media advertisement; or\n- (c) addressed non-specifically and sent to the person’s residential, business, postal or email address. Examples of invitations addressed non-specifically— • ‘The owner’ • ‘The householder’\n- • ‘The owner’\n- • ‘The householder’\n- • ‘The owner’\n- • ‘The householder’","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Difference between exclusive agency and sole agency","content":"### sec.23 Difference between exclusive agency and sole agency\n\nThe only difference between an exclusive agency and a sole agency is the extent of the entitlement of a selling agent to receive an agreed commission or other reward on the sale of particular property.\nUnder an exclusive agency , a selling agent is entitled, on the sale of particular property and in accordance with the terms of an agreement with the seller of the property, to receive an agreed commission or other reward, whether or not the selling agent is the effective cause of the sale.\nHowever, if the sale was subject to a sole agency , the selling agent would not be entitled to the commission or other reward if the seller was the effective cause of the sale.\nFacts—S is the owner of a place of residence that S appoints R to sell. B buys the place of residence.\nAssume for the example that in the following circumstances the following persons are the effective cause of the sale—\ncase 1—R\ncase 2—X (another property agent)\ncase 3—M (S’s mother)\ncase 4—S.\nIf the selling agent is appointed under an exclusive agency, R is entitled to an agreed commission or other reward in accordance with the terms of R’s agreement with S in cases 1, 2, 3 and 4. If the selling agent is appointed under a sole agency, R is entitled to an agreed commission or other reward in accordance with the terms of R’s agreement with S only in cases 1, 2 and 3.\nIn this section—\nseller , of property, means the person authorising the sale of the property.\nselling agent , of property, means a property agent appointed under a written agreement under this Act by the seller to sell the property.\n(sec.23-ssec.1) The only difference between an exclusive agency and a sole agency is the extent of the entitlement of a selling agent to receive an agreed commission or other reward on the sale of particular property.\n(sec.23-ssec.2) Under an exclusive agency , a selling agent is entitled, on the sale of particular property and in accordance with the terms of an agreement with the seller of the property, to receive an agreed commission or other reward, whether or not the selling agent is the effective cause of the sale.\n(sec.23-ssec.3) However, if the sale was subject to a sole agency , the selling agent would not be entitled to the commission or other reward if the seller was the effective cause of the sale. Facts—S is the owner of a place of residence that S appoints R to sell. B buys the place of residence. Assume for the example that in the following circumstances the following persons are the effective cause of the sale— case 1—R case 2—X (another property agent) case 3—M (S’s mother) case 4—S. If the selling agent is appointed under an exclusive agency, R is entitled to an agreed commission or other reward in accordance with the terms of R’s agreement with S in cases 1, 2, 3 and 4. If the selling agent is appointed under a sole agency, R is entitled to an agreed commission or other reward in accordance with the terms of R’s agreement with S only in cases 1, 2 and 3.\n(sec.23-ssec.4) In this section— seller , of property, means the person authorising the sale of the property. selling agent , of property, means a property agent appointed under a written agreement under this Act by the seller to sell the property.\n- • case 1—R\n- • case 2—X (another property agent)\n- • case 3—M (S’s mother)\n- • case 4—S.","sortOrder":27},{"sectionNumber":"pt.2","sectionType":"part","heading":"Licensing","content":"# Licensing","sortOrder":28},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Categories of licence","content":"## Categories of licence","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Categories of licence","content":"### sec.24 Categories of licence\n\nThe chief executive may issue the following categories of licence under this Act—\nauctioneer licence;\nreal estate agent licence;\nresident letting agent licence.\nSee also section 28 .\n- (a) auctioneer licence;\n- (b) real estate agent licence;\n- (c) resident letting agent licence.","sortOrder":30},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Auctioneer’s authorisation","content":"## Auctioneer’s authorisation","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"What an auctioneer licence authorises","content":"### sec.25 What an auctioneer licence authorises\n\nAn auctioneer licence authorises the holder of the licence to—\nsell or attempt to sell or offer for sale or resale any real property, or an interest in real property, by way of auction as an agent for others for reward; and\nsell the property or interest by any means during the auction period; and\nsell or attempt to sell or offer for sale or resale goods by way of auction if the sale or resale is directly connected with a sale by auction of a place of residence or land performed by the auctioneer.\nFor subsection (1) (c) , an auction of goods may be directly connected with a sale by auction of a place of residence or land despite the auction of the goods being conducted separately from the auction of the place of residence or land.\nAn auction of a place of residence followed by an auction of the contents of the residence.\nAn auctioneer may perform an activity mentioned in subsection (1) —\nin the carrying on of a business, either alone or with others; or\nas an employee of a property agent.\nIn this section—\nauction period , for an auctioneer for the sale of real property, means the period for which the auctioneer is appointed under section 102 or otherwise authorised or permitted under this Act or another Act to sell the property.\n(sec.25-ssec.1) An auctioneer licence authorises the holder of the licence to— sell or attempt to sell or offer for sale or resale any real property, or an interest in real property, by way of auction as an agent for others for reward; and sell the property or interest by any means during the auction period; and sell or attempt to sell or offer for sale or resale goods by way of auction if the sale or resale is directly connected with a sale by auction of a place of residence or land performed by the auctioneer.\n(sec.25-ssec.2) For subsection (1) (c) , an auction of goods may be directly connected with a sale by auction of a place of residence or land despite the auction of the goods being conducted separately from the auction of the place of residence or land. An auction of a place of residence followed by an auction of the contents of the residence.\n(sec.25-ssec.3) An auctioneer may perform an activity mentioned in subsection (1) — in the carrying on of a business, either alone or with others; or as an employee of a property agent.\n(sec.25-ssec.4) In this section— auction period , for an auctioneer for the sale of real property, means the period for which the auctioneer is appointed under section 102 or otherwise authorised or permitted under this Act or another Act to sell the property.\n- (a) sell or attempt to sell or offer for sale or resale any real property, or an interest in real property, by way of auction as an agent for others for reward; and\n- (b) sell the property or interest by any means during the auction period; and\n- (c) sell or attempt to sell or offer for sale or resale goods by way of auction if the sale or resale is directly connected with a sale by auction of a place of residence or land performed by the auctioneer.\n- (a) in the carrying on of a business, either alone or with others; or\n- (b) as an employee of a property agent.","sortOrder":32},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Real estate agent’s authorisation and responsibility","content":"## Real estate agent’s authorisation and responsibility","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"What a real estate agent licence authorises","content":"### sec.26 What a real estate agent licence authorises\n\nA real estate agent licence authorises the holder of the licence to perform the following activities as an agent for others for reward—\nto buy, sell (other than by auction), exchange or let real property or interests in real property;\nto buy, sell (other than by auction), exchange, or let businesses or interests in businesses;\nto negotiate for the buying, selling, exchanging, or letting of something mentioned in paragraph (a) or (b) ;\nto collect rents.\nA real estate agent may perform the activities mentioned in subsection (1) in the carrying on of a business, either alone or with others, or as an employee of someone else.\n(sec.26-ssec.1) A real estate agent licence authorises the holder of the licence to perform the following activities as an agent for others for reward— to buy, sell (other than by auction), exchange or let real property or interests in real property; to buy, sell (other than by auction), exchange, or let businesses or interests in businesses; to negotiate for the buying, selling, exchanging, or letting of something mentioned in paragraph (a) or (b) ; to collect rents.\n(sec.26-ssec.2) A real estate agent may perform the activities mentioned in subsection (1) in the carrying on of a business, either alone or with others, or as an employee of someone else.\n- (a) to buy, sell (other than by auction), exchange or let real property or interests in real property;\n- (b) to buy, sell (other than by auction), exchange, or let businesses or interests in businesses;\n- (c) to negotiate for the buying, selling, exchanging, or letting of something mentioned in paragraph (a) or (b) ;\n- (d) to collect rents.","sortOrder":34},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Resident letting agent’s authorisation","content":"## Resident letting agent’s authorisation","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"What a resident letting agent licence authorises","content":"### sec.27 What a resident letting agent licence authorises\n\nA resident letting agent licence authorises the holder of the licence to perform the following activities as an agent for others for reward—\nletting lots in a building complex;\ncollecting rents for lots in a building complex.\nA resident letting agent may perform the activities in the carrying on of a business, either alone or with others, or as an employee of someone else.\n(sec.27-ssec.1) A resident letting agent licence authorises the holder of the licence to perform the following activities as an agent for others for reward— letting lots in a building complex; collecting rents for lots in a building complex.\n(sec.27-ssec.2) A resident letting agent may perform the activities in the carrying on of a business, either alone or with others, or as an employee of someone else.\n- (a) letting lots in a building complex;\n- (b) collecting rents for lots in a building complex.","sortOrder":36},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Limited property agent licence","content":"## Limited property agent licence","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Limited property agent licence","content":"### sec.28 Limited property agent licence\n\nThe chief executive may issue a property agent licence that limits, as prescribed under a regulation, the activities that may otherwise be performed under the licence.\nTo be eligible for a limited property agent licence, an applicant for the licence must have the educational qualifications approved by the chief executive for obtaining the licence.\nThe chief executive must publish the approved qualifications on the department’s website.\ns 28 amd 2024 No. 27 s 105\n(sec.28-ssec.1) The chief executive may issue a property agent licence that limits, as prescribed under a regulation, the activities that may otherwise be performed under the licence.\n(sec.28-ssec.2) To be eligible for a limited property agent licence, an applicant for the licence must have the educational qualifications approved by the chief executive for obtaining the licence.\n(sec.28-ssec.3) The chief executive must publish the approved qualifications on the department’s website.","sortOrder":38},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"How to obtain a licence","content":"## How to obtain a licence","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Steps involved in obtaining a licence","content":"### sec.29 Steps involved in obtaining a licence\n\nA person who wishes to obtain a licence must be a suitable person to hold a licence under division 8 .\nThe person must apply for the licence by—\ngiving the chief executive an application showing, among other things, the person is eligible for the licence; and\npaying—\nthe fees prescribed under a regulation; and\nif, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid; and\ngiving the chief executive the other information required under section 31 .\nIn deciding the person’s application, the chief executive must have regard, among other things, to—\nthe person’s suitability to hold a licence under this Act; and\nthe person’s eligibility for the licence.\n(sec.29-ssec.1) A person who wishes to obtain a licence must be a suitable person to hold a licence under division 8 .\n(sec.29-ssec.2) The person must apply for the licence by— giving the chief executive an application showing, among other things, the person is eligible for the licence; and paying— the fees prescribed under a regulation; and if, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid; and giving the chief executive the other information required under section 31 .\n(sec.29-ssec.3) In deciding the person’s application, the chief executive must have regard, among other things, to— the person’s suitability to hold a licence under this Act; and the person’s eligibility for the licence.\n- (a) giving the chief executive an application showing, among other things, the person is eligible for the licence; and\n- (b) paying— (i) the fees prescribed under a regulation; and (ii) if, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid; and\n- (i) the fees prescribed under a regulation; and\n- (ii) if, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid; and\n- (c) giving the chief executive the other information required under section 31 .\n- (i) the fees prescribed under a regulation; and\n- (ii) if, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid; and\n- (a) the person’s suitability to hold a licence under this Act; and\n- (b) the person’s eligibility for the licence.","sortOrder":40},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Applications for licence and particular request requirement","content":"## Applications for licence and particular request requirement","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Application for licence","content":"### sec.30 Application for licence\n\nAn applicant for a licence must—\napply to the chief executive in the approved form; and\nstate the category of licence being applied for; and\nstate the term of the licence being applied for; and\nestablish the applicant’s eligibility for the category of licence being applied for; and\nstate the names and addresses of the applicant’s business associates; and\nprovide any information the chief executive reasonably requires to decide whether the applicant is a suitable person to hold a licence.\nThe application must be accompanied by—\nthe application fee prescribed under a regulation; and\nthe licence issue fee prescribed under a regulation; and\nif, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid.\n(sec.30-ssec.1) An applicant for a licence must— apply to the chief executive in the approved form; and state the category of licence being applied for; and state the term of the licence being applied for; and establish the applicant’s eligibility for the category of licence being applied for; and state the names and addresses of the applicant’s business associates; and provide any information the chief executive reasonably requires to decide whether the applicant is a suitable person to hold a licence.\n(sec.30-ssec.2) The application must be accompanied by— the application fee prescribed under a regulation; and the licence issue fee prescribed under a regulation; and if, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid.\n- (a) apply to the chief executive in the approved form; and\n- (b) state the category of licence being applied for; and\n- (c) state the term of the licence being applied for; and\n- (d) establish the applicant’s eligibility for the category of licence being applied for; and\n- (e) state the names and addresses of the applicant’s business associates; and\n- (f) provide any information the chief executive reasonably requires to decide whether the applicant is a suitable person to hold a licence.\n- (a) the application fee prescribed under a regulation; and\n- (b) the licence issue fee prescribed under a regulation; and\n- (c) if, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Applicant must state business address","content":"### sec.31 Applicant must state business address\n\nThe applicant must also state in the applicant’s application—\nif the applicant intends carrying on business under the licence immediately after the issue of the licence—the place or places in Queensland where the applicant proposes to carry on business under the licence; or\nif the applicant does not intend carrying on business under the licence immediately after the issue of the licence—\nthe capacity in which the applicant intends performing activities under the licence and the address where the activities are to be performed ( business address ); and\nif the applicant intends to be a person in charge of a licensee’s business at a place of business—the name of the applicant’s employer and the address of the place of business where the applicant is to be in charge (also a business address ).\nperson in charge of a corporation’s business\nlicensed employee of a licensee\nthe address of the person’s employer’s place of business where the person generally reports for work\nIf the applicant intends to carry on business under the licence at more than 1 place, the applicant must state in the application the place the applicant intends to be the applicant’s principal place of business.\nA place of business or an address under this section must be a place where a document can be served personally.\nA place of business or an address must not be a post office box.\n(sec.31-ssec.1) The applicant must also state in the applicant’s application— if the applicant intends carrying on business under the licence immediately after the issue of the licence—the place or places in Queensland where the applicant proposes to carry on business under the licence; or if the applicant does not intend carrying on business under the licence immediately after the issue of the licence— the capacity in which the applicant intends performing activities under the licence and the address where the activities are to be performed ( business address ); and if the applicant intends to be a person in charge of a licensee’s business at a place of business—the name of the applicant’s employer and the address of the place of business where the applicant is to be in charge (also a business address ). person in charge of a corporation’s business licensed employee of a licensee the address of the person’s employer’s place of business where the person generally reports for work\n(sec.31-ssec.2) If the applicant intends to carry on business under the licence at more than 1 place, the applicant must state in the application the place the applicant intends to be the applicant’s principal place of business.\n(sec.31-ssec.3) A place of business or an address under this section must be a place where a document can be served personally.\n(sec.31-ssec.4) A place of business or an address must not be a post office box.\n- (a) if the applicant intends carrying on business under the licence immediately after the issue of the licence—the place or places in Queensland where the applicant proposes to carry on business under the licence; or\n- (b) if the applicant does not intend carrying on business under the licence immediately after the issue of the licence— (i) the capacity in which the applicant intends performing activities under the licence and the address where the activities are to be performed ( business address ); and (ii) if the applicant intends to be a person in charge of a licensee’s business at a place of business—the name of the applicant’s employer and the address of the place of business where the applicant is to be in charge (also a business address ). Examples of capacity in which activities may be performed— • person in charge of a corporation’s business • licensed employee of a licensee Example of business address of an employed licensee— the address of the person’s employer’s place of business where the person generally reports for work\n- (i) the capacity in which the applicant intends performing activities under the licence and the address where the activities are to be performed ( business address ); and\n- (ii) if the applicant intends to be a person in charge of a licensee’s business at a place of business—the name of the applicant’s employer and the address of the place of business where the applicant is to be in charge (also a business address ).\n- • person in charge of a corporation’s business\n- • licensed employee of a licensee\n- (i) the capacity in which the applicant intends performing activities under the licence and the address where the activities are to be performed ( business address ); and\n- (ii) if the applicant intends to be a person in charge of a licensee’s business at a place of business—the name of the applicant’s employer and the address of the place of business where the applicant is to be in charge (also a business address ).\n- • person in charge of a corporation’s business\n- • licensed employee of a licensee","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Particular persons can not make application","content":"### sec.32 Particular persons can not make application\n\nA disqualified person can not make an application for a licence during the period for which the disqualified person is disqualified.\nA corporation that was the holder of a licence that was cancelled can not make an application for a licence unless the corporation satisfies the chief executive that, because of a genuine sale—\nno person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the corporation; and\nno person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the corporation.\nA person who made an application for a licence that was refused can not make an application for a licence of the same category as the licence for which the person applied—\nfor 3 months after the day the chief executive gives the person an information notice for the decision; or\nif the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.\nSubsection (3) does not apply if—\nthe applicant is a corporation; and\nthe applicant satisfies the chief executive that, because of a genuine sale—\nno person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and\nno person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.\nIn this section—\ndisqualified person means a person who, as a consequence of an order made by QCAT under section 186 or 188 or a court under section 227 or 228 , is disqualified from holding a licence.\n(sec.32-ssec.1) A disqualified person can not make an application for a licence during the period for which the disqualified person is disqualified.\n(sec.32-ssec.2) A corporation that was the holder of a licence that was cancelled can not make an application for a licence unless the corporation satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the corporation; and no person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the corporation.\n(sec.32-ssec.3) A person who made an application for a licence that was refused can not make an application for a licence of the same category as the licence for which the person applied— for 3 months after the day the chief executive gives the person an information notice for the decision; or if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.\n(sec.32-ssec.4) Subsection (3) does not apply if— the applicant is a corporation; and the applicant satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.\n(sec.32-ssec.5) In this section— disqualified person means a person who, as a consequence of an order made by QCAT under section 186 or 188 or a court under section 227 or 228 , is disqualified from holding a licence.\n- (a) no person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the corporation; and\n- (b) no person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the corporation.\n- (a) for 3 months after the day the chief executive gives the person an information notice for the decision; or\n- (b) if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.\n- (a) the applicant is a corporation; and\n- (b) the applicant satisfies the chief executive that, because of a genuine sale— (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.\n- (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and\n- (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.\n- (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and\n- (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Requirement to give information or material about application or request","content":"### sec.33 Requirement to give information or material about application or request\n\nThis section applies to each of the following—\nan applicant for a licence;\nan applicant for renewal of a licence;\nan applicant for restoration of a licence;\nan applicant for the appointment or extension of the appointment of a nominated person mentioned in section 66 (3) or 67 (4) as a licensee’s substitute licensee;\na licensee who has asked the chief executive to reactivate the licensee’s licence.\nThe chief executive may, by written notice given to the applicant, require the applicant to give the chief executive within a stated reasonable period information or material the chief executive reasonably considers is needed to decide the application or request.\ninformation or material the chief executive reasonably considers is needed to establish the applicant’s or licensee’s suitability for the licence\nThe applicant or licensee is taken to have withdrawn the application or request if, within the stated reasonable period, the applicant or licensee fails to comply with the chief executive’s requirement.\n(sec.33-ssec.1) This section applies to each of the following— an applicant for a licence; an applicant for renewal of a licence; an applicant for restoration of a licence; an applicant for the appointment or extension of the appointment of a nominated person mentioned in section 66 (3) or 67 (4) as a licensee’s substitute licensee; a licensee who has asked the chief executive to reactivate the licensee’s licence.\n(sec.33-ssec.2) The chief executive may, by written notice given to the applicant, require the applicant to give the chief executive within a stated reasonable period information or material the chief executive reasonably considers is needed to decide the application or request. information or material the chief executive reasonably considers is needed to establish the applicant’s or licensee’s suitability for the licence\n(sec.33-ssec.3) The applicant or licensee is taken to have withdrawn the application or request if, within the stated reasonable period, the applicant or licensee fails to comply with the chief executive’s requirement.\n- (a) an applicant for a licence;\n- (b) an applicant for renewal of a licence;\n- (c) an applicant for restoration of a licence;\n- (d) an applicant for the appointment or extension of the appointment of a nominated person mentioned in section 66 (3) or 67 (4) as a licensee’s substitute licensee;\n- (e) a licensee who has asked the chief executive to reactivate the licensee’s licence.","sortOrder":45},{"sectionNumber":"pt.2-div.8","sectionType":"division","heading":"Suitability of applicants and licensees","content":"## Suitability of applicants and licensees","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Suitability of applicants and licensees—individuals","content":"### sec.34 Suitability of applicants and licensees—individuals\n\nAn individual is not a suitable person to hold a licence if the individual is—\nan insolvent under administration; or\na person who has been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or\ncurrently disqualified from holding a licence or registration certificate; or\na person the chief executive decides under section 36 is not a suitable person to hold a licence.\nAn individual who is not a suitable person to hold a licence can not hold a licence.\n(sec.34-ssec.1) An individual is not a suitable person to hold a licence if the individual is— an insolvent under administration; or a person who has been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or currently disqualified from holding a licence or registration certificate; or a person the chief executive decides under section 36 is not a suitable person to hold a licence.\n(sec.34-ssec.2) An individual who is not a suitable person to hold a licence can not hold a licence.\n- (a) an insolvent under administration; or\n- (b) a person who has been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or\n- (c) currently disqualified from holding a licence or registration certificate; or\n- (d) a person the chief executive decides under section 36 is not a suitable person to hold a licence.","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Suitability of applicants and licensees—corporations","content":"### sec.35 Suitability of applicants and licensees—corporations\n\nA corporation is not a suitable person to hold a licence if the corporation—\nhas been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or\nis currently disqualified from holding a licence; or\nis a person the chief executive decides under section 36 is not a suitable person to hold a licence.\nA corporation is also not a suitable person to hold a licence if an executive officer of the corporation—\nis an insolvent under administration; or\nhas been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or\nis currently disqualified from holding a licence or registration certificate; or\nis a person the chief executive decides under section 36 is not a suitable person to hold a licence.\nA corporation that is not a suitable person to hold a licence can not hold a licence.\n(sec.35-ssec.1) A corporation is not a suitable person to hold a licence if the corporation— has been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or is currently disqualified from holding a licence; or is a person the chief executive decides under section 36 is not a suitable person to hold a licence.\n(sec.35-ssec.2) A corporation is also not a suitable person to hold a licence if an executive officer of the corporation— is an insolvent under administration; or has been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or is currently disqualified from holding a licence or registration certificate; or is a person the chief executive decides under section 36 is not a suitable person to hold a licence.\n(sec.35-ssec.3) A corporation that is not a suitable person to hold a licence can not hold a licence.\n- (a) has been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or\n- (b) is currently disqualified from holding a licence; or\n- (c) is a person the chief executive decides under section 36 is not a suitable person to hold a licence.\n- (a) is an insolvent under administration; or\n- (b) has been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or\n- (c) is currently disqualified from holding a licence or registration certificate; or\n- (d) is a person the chief executive decides under section 36 is not a suitable person to hold a licence.","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":"Chief executive must consider suitability of applicants and licensees","content":"### sec.36 Chief executive must consider suitability of applicants and licensees\n\nThe chief executive must consider the following things in deciding whether a person is a suitable person to hold a licence—\nthe character of the person;\nthe character of the person’s business associates;\nwhether the person held a licence or registration certificate under a relevant Act that was suspended or cancelled under the relevant Act;\nwhether an amount has been paid from the fund because the person did, or omitted to do, something that gave rise to the claim against the fund;\nwhether the person has been disqualified under a relevant Act from being the holder of a licence, registration certificate or similar authorisation;\nwhether the person has been disqualified from managing corporations under the Corporations Act ;\nwhether, within the preceding 5 years, QCAT, the former tribunal or the District Court has made an order under this Act or PAMDA adverse to the person;\nfor an individual—\nthe individual’s criminal history; and\nwhether the individual has been an insolvent under administration; and\nwhether the individual has been convicted of an offence against a relevant Act or the Administration Act ; and\nwhether the individual is capable of satisfactorily performing the activities of a licensee; and\nwhether the individual’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ;\nSee the Corporations Act , section 1274AA (Register of disqualified company directors and other officers).\nfor a corporation—\nwhether the corporation has been placed in receivership or liquidation; and\nwhether an executive officer of the corporation has been an insolvent under administration; and\nwhether the corporation or an executive officer of the corporation has been convicted of an offence against a relevant Act or the Administration Act ; and\nwhether each executive officer of the corporation is a suitable person to hold a licence;\nanother thing the chief executive may consider under this Act.\nIf the chief executive decides a person is not a suitable person to hold a licence, the chief executive must give the person an information notice about the decision within 14 days after making the decision.\nIn this section—\nfund includes the claim funds under PAMDA and the repealed Auctioneers and Agents Act 1971 .\nrelevant Act means this Act, an Agents Act, PAMDA or a corresponding law.\n(sec.36-ssec.1) The chief executive must consider the following things in deciding whether a person is a suitable person to hold a licence— the character of the person; the character of the person’s business associates; whether the person held a licence or registration certificate under a relevant Act that was suspended or cancelled under the relevant Act; whether an amount has been paid from the fund because the person did, or omitted to do, something that gave rise to the claim against the fund; whether the person has been disqualified under a relevant Act from being the holder of a licence, registration certificate or similar authorisation; whether the person has been disqualified from managing corporations under the Corporations Act ; whether, within the preceding 5 years, QCAT, the former tribunal or the District Court has made an order under this Act or PAMDA adverse to the person; for an individual— the individual’s criminal history; and whether the individual has been an insolvent under administration; and whether the individual has been convicted of an offence against a relevant Act or the Administration Act ; and whether the individual is capable of satisfactorily performing the activities of a licensee; and whether the individual’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ; See the Corporations Act , section 1274AA (Register of disqualified company directors and other officers). for a corporation— whether the corporation has been placed in receivership or liquidation; and whether an executive officer of the corporation has been an insolvent under administration; and whether the corporation or an executive officer of the corporation has been convicted of an offence against a relevant Act or the Administration Act ; and whether each executive officer of the corporation is a suitable person to hold a licence; another thing the chief executive may consider under this Act.\n(sec.36-ssec.2) If the chief executive decides a person is not a suitable person to hold a licence, the chief executive must give the person an information notice about the decision within 14 days after making the decision.\n(sec.36-ssec.3) In this section— fund includes the claim funds under PAMDA and the repealed Auctioneers and Agents Act 1971 . relevant Act means this Act, an Agents Act, PAMDA or a corresponding law.\n- (a) the character of the person;\n- (b) the character of the person’s business associates;\n- (c) whether the person held a licence or registration certificate under a relevant Act that was suspended or cancelled under the relevant Act;\n- (d) whether an amount has been paid from the fund because the person did, or omitted to do, something that gave rise to the claim against the fund;\n- (e) whether the person has been disqualified under a relevant Act from being the holder of a licence, registration certificate or similar authorisation;\n- (f) whether the person has been disqualified from managing corporations under the Corporations Act ;\n- (g) whether, within the preceding 5 years, QCAT, the former tribunal or the District Court has made an order under this Act or PAMDA adverse to the person;\n- (h) for an individual— (i) the individual’s criminal history; and (ii) whether the individual has been an insolvent under administration; and (iii) whether the individual has been convicted of an offence against a relevant Act or the Administration Act ; and (iv) whether the individual is capable of satisfactorily performing the activities of a licensee; and (v) whether the individual’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ; Note— See the Corporations Act , section 1274AA (Register of disqualified company directors and other officers).\n- (i) the individual’s criminal history; and\n- (ii) whether the individual has been an insolvent under administration; and\n- (iii) whether the individual has been convicted of an offence against a relevant Act or the Administration Act ; and\n- (iv) whether the individual is capable of satisfactorily performing the activities of a licensee; and\n- (v) whether the individual’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ; Note— See the Corporations Act , section 1274AA (Register of disqualified company directors and other officers).\n- (i) for a corporation— (i) whether the corporation has been placed in receivership or liquidation; and (ii) whether an executive officer of the corporation has been an insolvent under administration; and (iii) whether the corporation or an executive officer of the corporation has been convicted of an offence against a relevant Act or the Administration Act ; and (iv) whether each executive officer of the corporation is a suitable person to hold a licence;\n- (i) whether the corporation has been placed in receivership or liquidation; and\n- (ii) whether an executive officer of the corporation has been an insolvent under administration; and\n- (iii) whether the corporation or an executive officer of the corporation has been convicted of an offence against a relevant Act or the Administration Act ; and\n- (iv) whether each executive officer of the corporation is a suitable person to hold a licence;\n- (j) another thing the chief executive may consider under this Act.\n- (i) the individual’s criminal history; and\n- (ii) whether the individual has been an insolvent under administration; and\n- (iii) whether the individual has been convicted of an offence against a relevant Act or the Administration Act ; and\n- (iv) whether the individual is capable of satisfactorily performing the activities of a licensee; and\n- (v) whether the individual’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ; Note— See the Corporations Act , section 1274AA (Register of disqualified company directors and other officers).\n- (i) whether the corporation has been placed in receivership or liquidation; and\n- (ii) whether an executive officer of the corporation has been an insolvent under administration; and\n- (iii) whether the corporation or an executive officer of the corporation has been convicted of an offence against a relevant Act or the Administration Act ; and\n- (iv) whether each executive officer of the corporation is a suitable person to hold a licence;","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":"Public trustee is a suitable person","content":"### sec.37 Public trustee is a suitable person\n\nThe corporation sole called The Public Trustee of Queensland is taken to be a suitable person to hold a licence.","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Chief executive of department is a suitable person","content":"### sec.38 Chief executive of department is a suitable person\n\nThe chief executive of a department is taken to be a suitable person to hold a licence.","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Defence Housing Australia is a suitable person","content":"### sec.39 Defence Housing Australia is a suitable person\n\nDefence Housing Australia is taken to be a suitable person to hold a licence.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Investigations about suitability of applicants and licensees","content":"### sec.40 Investigations about suitability of applicants and licensees\n\nThe chief executive may make investigations about the following persons to help the chief executive decide whether a person is a suitable person to hold a licence—\nan applicant mentioned in section 33 (1) or a licensee;\nif the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction;\nif the applicant or licensee is a corporation—the corporation’s executive officers;\na business associate of the applicant or licensee.\nWithout limiting subsection (1) , the chief executive may ask the commissioner of the police service for a report about the criminal history of any of the persons.\nThe commissioner must give the report to the chief executive.\nHowever, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\nIf the person’s criminal history includes a conviction recorded against the person, the commissioner’s report must be written.\nIn this section—\napplicant includes a nominated person mentioned in section 66 (3) or 67 (4) .\n(sec.40-ssec.1) The chief executive may make investigations about the following persons to help the chief executive decide whether a person is a suitable person to hold a licence— an applicant mentioned in section 33 (1) or a licensee; if the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction; if the applicant or licensee is a corporation—the corporation’s executive officers; a business associate of the applicant or licensee.\n(sec.40-ssec.2) Without limiting subsection (1) , the chief executive may ask the commissioner of the police service for a report about the criminal history of any of the persons.\n(sec.40-ssec.3) The commissioner must give the report to the chief executive.\n(sec.40-ssec.4) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.40-ssec.5) If the person’s criminal history includes a conviction recorded against the person, the commissioner’s report must be written.\n(sec.40-ssec.6) In this section— applicant includes a nominated person mentioned in section 66 (3) or 67 (4) .\n- (a) an applicant mentioned in section 33 (1) or a licensee;\n- (b) if the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction;\n- (c) if the applicant or licensee is a corporation—the corporation’s executive officers;\n- (d) a business associate of the applicant or licensee.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Notice of change in criminal history","content":"### sec.41 Notice of change in criminal history\n\nThis section applies if the commissioner of the police service reasonably suspects the criminal history of either of the following persons has changed—\na person who is the holder of a licence;\na person who is a nominated person mentioned in section 66 (3) or 67 (4) appointed as a substitute licensee or as a substitute real estate salesperson.\nThe commissioner may notify the chief executive the person’s criminal history has changed.\nThe notice must state the following—\nthe person’s name and any other name the commissioner believes the person may use or may have used;\nthe person’s date and place of birth;\na brief description of the nature of the offence giving rise to the conviction or charge to which the change relates.\nThe chief executive may confirm the commissioner’s suspicions under subsection (1) .\nFor a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\nIn this section—\ncriminal history , in relation to a person, includes a charge of an offence laid against a person that has not been dismissed.\noffence includes alleged offence.\n(sec.41-ssec.1) This section applies if the commissioner of the police service reasonably suspects the criminal history of either of the following persons has changed— a person who is the holder of a licence; a person who is a nominated person mentioned in section 66 (3) or 67 (4) appointed as a substitute licensee or as a substitute real estate salesperson.\n(sec.41-ssec.2) The commissioner may notify the chief executive the person’s criminal history has changed.\n(sec.41-ssec.3) The notice must state the following— the person’s name and any other name the commissioner believes the person may use or may have used; the person’s date and place of birth; a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates.\n(sec.41-ssec.4) The chief executive may confirm the commissioner’s suspicions under subsection (1) .\n(sec.41-ssec.5) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\n(sec.41-ssec.6) In this section— criminal history , in relation to a person, includes a charge of an offence laid against a person that has not been dismissed. offence includes alleged offence.\n- (a) a person who is the holder of a licence;\n- (b) a person who is a nominated person mentioned in section 66 (3) or 67 (4) appointed as a substitute licensee or as a substitute real estate salesperson.\n- (a) the person’s name and any other name the commissioner believes the person may use or may have used;\n- (b) the person’s date and place of birth;\n- (c) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates.","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Costs of criminal history report","content":"### sec.42 Costs of criminal history report\n\nThe chief executive may require an applicant mentioned in section 33 (1) or a licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 40 about—\nthe applicant or licensee; or\nif the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each person with whom the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction; or\nif the applicant or licensee is a corporation—the corporation’s executive officers; or\na business associate of the applicant or licensee; or\nif the applicant has made an application under section 66 (3) or 67 (4) —the person nominated by the applicant under section 66 (3) or 67 (4) .\nThe requirement is a criminal history costs requirement .\nThe chief executive may notify the applicant or licensee of the requirement to pay a criminal history costs requirement—\nin the approved form; or\non the department’s website; or\nin a written notice given by the chief executive to the applicant or licensee.\nIf the criminal history costs requirement is made in a written notice given by the chief executive to the applicant or licensee, the notice must include a requirement for the costs to be paid within a stated reasonable period.\nThe applicant or licensee is taken to have withdrawn the application if, within the stated reasonable period, the applicant or licensee fails to comply with the chief executive’s requirement to pay the criminal history costs requirement.\nThe chief executive must refund to the applicant or licensee an amount paid under the requirement if—\nthe chief executive refuses the application without asking for the report; or\nthe applicant or licensee withdraws the application before the chief executive asks for the report.\nIn this section—\napplicant includes proposed applicant.\n(sec.42-ssec.1) The chief executive may require an applicant mentioned in section 33 (1) or a licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 40 about— the applicant or licensee; or if the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each person with whom the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction; or if the applicant or licensee is a corporation—the corporation’s executive officers; or a business associate of the applicant or licensee; or if the applicant has made an application under section 66 (3) or 67 (4) —the person nominated by the applicant under section 66 (3) or 67 (4) .\n(sec.42-ssec.2) The requirement is a criminal history costs requirement .\n(sec.42-ssec.3) The chief executive may notify the applicant or licensee of the requirement to pay a criminal history costs requirement— in the approved form; or on the department’s website; or in a written notice given by the chief executive to the applicant or licensee.\n(sec.42-ssec.4) If the criminal history costs requirement is made in a written notice given by the chief executive to the applicant or licensee, the notice must include a requirement for the costs to be paid within a stated reasonable period.\n(sec.42-ssec.5) The applicant or licensee is taken to have withdrawn the application if, within the stated reasonable period, the applicant or licensee fails to comply with the chief executive’s requirement to pay the criminal history costs requirement.\n(sec.42-ssec.6) The chief executive must refund to the applicant or licensee an amount paid under the requirement if— the chief executive refuses the application without asking for the report; or the applicant or licensee withdraws the application before the chief executive asks for the report.\n(sec.42-ssec.7) In this section— applicant includes proposed applicant.\n- (a) the applicant or licensee; or\n- (b) if the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each person with whom the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction; or\n- (c) if the applicant or licensee is a corporation—the corporation’s executive officers; or\n- (d) a business associate of the applicant or licensee; or\n- (e) if the applicant has made an application under section 66 (3) or 67 (4) —the person nominated by the applicant under section 66 (3) or 67 (4) .\n- (a) in the approved form; or\n- (b) on the department’s website; or\n- (c) in a written notice given by the chief executive to the applicant or licensee.\n- (a) the chief executive refuses the application without asking for the report; or\n- (b) the applicant or licensee withdraws the application before the chief executive asks for the report.","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Use of information obtained under s 40 or 41","content":"### sec.43 Use of information obtained under s 40 or 41\n\nSubsection (2) applies to the chief executive in considering information about a person obtained under section 40 or 41 .\nInformation about a conviction of the person may be used only for making a decision as to whether the person is, or continues to be, a suitable person to hold a licence.\nSubsection (4) applies to the chief executive in considering information about a person obtained under section 41 .\nInformation about a charge against the person may not be relied on as a basis for making a decision as to whether the person is, or continues to be, a suitable person to hold a licence.\n(sec.43-ssec.1) Subsection (2) applies to the chief executive in considering information about a person obtained under section 40 or 41 .\n(sec.43-ssec.2) Information about a conviction of the person may be used only for making a decision as to whether the person is, or continues to be, a suitable person to hold a licence.\n(sec.43-ssec.3) Subsection (4) applies to the chief executive in considering information about a person obtained under section 41 .\n(sec.43-ssec.4) Information about a charge against the person may not be relied on as a basis for making a decision as to whether the person is, or continues to be, a suitable person to hold a licence.","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Confidentiality of criminal history","content":"### sec.44 Confidentiality of criminal history\n\nA public service employee performing functions under this Act must not, directly or indirectly, disclose to anyone else—\na report about a person’s criminal history, or information contained in the report, given under section 40 ; or\nany of the contents of a notice given under section 41 (2) .\nMaximum penalty—100 penalty units.\nHowever, the person does not contravene subsection (1) if—\ndisclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or relating to this Act; or\nthe disclosure is otherwise required or permitted by law.\nThe chief executive must destroy the following as soon as practicable after considering the person’s suitability to hold a licence—\na written report about the person’s criminal history;\na notice given under section 41 (2) about the person.\n(sec.44-ssec.1) A public service employee performing functions under this Act must not, directly or indirectly, disclose to anyone else— a report about a person’s criminal history, or information contained in the report, given under section 40 ; or any of the contents of a notice given under section 41 (2) . Maximum penalty—100 penalty units.\n(sec.44-ssec.2) However, the person does not contravene subsection (1) if— disclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or relating to this Act; or the disclosure is otherwise required or permitted by law.\n(sec.44-ssec.3) The chief executive must destroy the following as soon as practicable after considering the person’s suitability to hold a licence— a written report about the person’s criminal history; a notice given under section 41 (2) about the person.\n- (a) a report about a person’s criminal history, or information contained in the report, given under section 40 ; or\n- (b) any of the contents of a notice given under section 41 (2) .\n- (a) disclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or relating to this Act; or\n- (b) the disclosure is otherwise required or permitted by law.\n- (a) a written report about the person’s criminal history;\n- (b) a notice given under section 41 (2) about the person.","sortOrder":57},{"sectionNumber":"pt.2-div.9","sectionType":"division","heading":"Eligibility for licence","content":"## Eligibility for licence","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Eligibility for property agent licence","content":"### sec.45 Eligibility for property agent licence\n\nAn individual is eligible to obtain a property agent licence only if the individual—\nis at least 18 years; and\nhas the educational or other qualifications approved by the chief executive for a property agent licence.\nThe chief executive must publish the approved qualifications on the department’s website.\nAn individual is to be taken to satisfy the requirement mentioned in subsection (1) (b) if the chief executive is satisfied the individual—\nhas a comparable qualification to the qualification mentioned in subsection (1) (b) ; or\nwithin 2 years before the day the individual’s application for a property agent licence is received by the chief executive—\neither—\nif the licence applied for is an auctioneer licence—has been licensed as an auctioneer; or\nif the licence applied for is a real estate agent licence—has been licensed as a real estate agent; or\nhas been the holder of a comparable licence under PAMDA .\nA corporation is eligible to obtain an auctioneer licence only if a person in charge of the corporation’s auctioneer business is an auctioneer.\nA corporation is eligible to obtain a real estate agent licence only if a person in charge of the corporation’s real estate agency business is a real estate agent.\ns 45 amd 2024 No. 27 s 106\n(sec.45-ssec.1) An individual is eligible to obtain a property agent licence only if the individual— is at least 18 years; and has the educational or other qualifications approved by the chief executive for a property agent licence.\n(sec.45-ssec.2) The chief executive must publish the approved qualifications on the department’s website.\n(sec.45-ssec.3) An individual is to be taken to satisfy the requirement mentioned in subsection (1) (b) if the chief executive is satisfied the individual— has a comparable qualification to the qualification mentioned in subsection (1) (b) ; or within 2 years before the day the individual’s application for a property agent licence is received by the chief executive— either— if the licence applied for is an auctioneer licence—has been licensed as an auctioneer; or if the licence applied for is a real estate agent licence—has been licensed as a real estate agent; or has been the holder of a comparable licence under PAMDA .\n(sec.45-ssec.4) A corporation is eligible to obtain an auctioneer licence only if a person in charge of the corporation’s auctioneer business is an auctioneer.\n(sec.45-ssec.5) A corporation is eligible to obtain a real estate agent licence only if a person in charge of the corporation’s real estate agency business is a real estate agent.\n- (a) is at least 18 years; and\n- (b) has the educational or other qualifications approved by the chief executive for a property agent licence.\n- (a) has a comparable qualification to the qualification mentioned in subsection (1) (b) ; or\n- (b) within 2 years before the day the individual’s application for a property agent licence is received by the chief executive— (i) either— (A) if the licence applied for is an auctioneer licence—has been licensed as an auctioneer; or (B) if the licence applied for is a real estate agent licence—has been licensed as a real estate agent; or (ii) has been the holder of a comparable licence under PAMDA .\n- (i) either— (A) if the licence applied for is an auctioneer licence—has been licensed as an auctioneer; or (B) if the licence applied for is a real estate agent licence—has been licensed as a real estate agent; or\n- (A) if the licence applied for is an auctioneer licence—has been licensed as an auctioneer; or\n- (B) if the licence applied for is a real estate agent licence—has been licensed as a real estate agent; or\n- (ii) has been the holder of a comparable licence under PAMDA .\n- (i) either— (A) if the licence applied for is an auctioneer licence—has been licensed as an auctioneer; or (B) if the licence applied for is a real estate agent licence—has been licensed as a real estate agent; or\n- (A) if the licence applied for is an auctioneer licence—has been licensed as an auctioneer; or\n- (B) if the licence applied for is a real estate agent licence—has been licensed as a real estate agent; or\n- (ii) has been the holder of a comparable licence under PAMDA .\n- (A) if the licence applied for is an auctioneer licence—has been licensed as an auctioneer; or\n- (B) if the licence applied for is a real estate agent licence—has been licensed as a real estate agent; or","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Eligibility for resident letting agent licence","content":"### sec.46 Eligibility for resident letting agent licence\n\nAn individual is eligible to obtain a resident letting agent licence for a building complex only if the individual—\nis at least 18 years; and\nhas the educational or other qualifications approved by the chief executive for a resident letting agent licence.\nThe chief executive must publish the approved qualifications on the department’s website.\nAn individual is taken to satisfy the requirement mentioned in subsection (1) (b) if the chief executive is satisfied the individual—\nhas a comparable qualification to the qualification mentioned in subsection (1) (b) ; or\nwithin 2 years before the day the individual’s application for a resident letting agent licence is received by the chief executive—\nhas been licensed as a resident letting agent or real estate agent; or\nhas been the holder of a comparable licence under PAMDA .\nA corporation is eligible to obtain a resident letting agent licence only if a person in charge of the corporation’s business is a resident letting agent.\ns 46 amd 2024 No. 27 s 107\n(sec.46-ssec.1) An individual is eligible to obtain a resident letting agent licence for a building complex only if the individual— is at least 18 years; and has the educational or other qualifications approved by the chief executive for a resident letting agent licence.\n(sec.46-ssec.2) The chief executive must publish the approved qualifications on the department’s website.\n(sec.46-ssec.3) An individual is taken to satisfy the requirement mentioned in subsection (1) (b) if the chief executive is satisfied the individual— has a comparable qualification to the qualification mentioned in subsection (1) (b) ; or within 2 years before the day the individual’s application for a resident letting agent licence is received by the chief executive— has been licensed as a resident letting agent or real estate agent; or has been the holder of a comparable licence under PAMDA .\n(sec.46-ssec.4) A corporation is eligible to obtain a resident letting agent licence only if a person in charge of the corporation’s business is a resident letting agent.\n- (a) is at least 18 years; and\n- (b) has the educational or other qualifications approved by the chief executive for a resident letting agent licence.\n- (a) has a comparable qualification to the qualification mentioned in subsection (1) (b) ; or\n- (b) within 2 years before the day the individual’s application for a resident letting agent licence is received by the chief executive— (i) has been licensed as a resident letting agent or real estate agent; or (ii) has been the holder of a comparable licence under PAMDA .\n- (i) has been licensed as a resident letting agent or real estate agent; or\n- (ii) has been the holder of a comparable licence under PAMDA .\n- (i) has been licensed as a resident letting agent or real estate agent; or\n- (ii) has been the holder of a comparable licence under PAMDA .","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":"Public trustee is eligible for licence","content":"### sec.47 Public trustee is eligible for licence\n\nThe public trustee as a corporation sole is taken to be eligible for a licence.","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Chief executive of department is eligible for licence","content":"### sec.48 Chief executive of department is eligible for licence\n\nThe chief executive of a department is taken to be eligible for a licence.","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Defence Housing Australia is eligible for licence","content":"### sec.49 Defence Housing Australia is eligible for licence\n\nDefence Housing Australia is taken to be eligible for a licence.","sortOrder":63},{"sectionNumber":"pt.2-div.10","sectionType":"division","heading":"Issue of licences","content":"## Issue of licences","sortOrder":64},{"sectionNumber":"sec.50","sectionType":"section","heading":"Chief executive may issue or refuse to issue licence","content":"### sec.50 Chief executive may issue or refuse to issue licence\n\nThe chief executive may decide to issue or refuse to issue a licence to an applicant.\nThe chief executive may decide to issue a licence to an applicant only if the chief executive is satisfied—\nthe applicant is a suitable person to hold a licence and—\nif the applicant intends carrying on business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant intends carrying on business in conjunction is a suitable person to hold a licence; and\nif the applicant is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and\nthe applicant is eligible for a licence of the category of licence being applied for; and\nthe application is made under sections 30 and 31 .\nIf the chief executive decides to refuse to issue the licence, the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\n(sec.50-ssec.1) The chief executive may decide to issue or refuse to issue a licence to an applicant.\n(sec.50-ssec.2) The chief executive may decide to issue a licence to an applicant only if the chief executive is satisfied— the applicant is a suitable person to hold a licence and— if the applicant intends carrying on business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant intends carrying on business in conjunction is a suitable person to hold a licence; and if the applicant is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and the applicant is eligible for a licence of the category of licence being applied for; and the application is made under sections 30 and 31 .\n(sec.50-ssec.3) If the chief executive decides to refuse to issue the licence, the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\n- (a) the applicant is a suitable person to hold a licence and— (i) if the applicant intends carrying on business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant intends carrying on business in conjunction is a suitable person to hold a licence; and (ii) if the applicant is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and\n- (i) if the applicant intends carrying on business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant intends carrying on business in conjunction is a suitable person to hold a licence; and\n- (ii) if the applicant is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and\n- (b) the applicant is eligible for a licence of the category of licence being applied for; and\n- (c) the application is made under sections 30 and 31 .\n- (i) if the applicant intends carrying on business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant intends carrying on business in conjunction is a suitable person to hold a licence; and\n- (ii) if the applicant is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and","sortOrder":65},{"sectionNumber":"sec.51","sectionType":"section","heading":"Licence—public trustee","content":"### sec.51 Licence—public trustee\n\nThe chief executive may issue a licence to the public trustee in the public trustee’s capacity as a corporation sole in the name ‘The Public Trustee of Queensland’.\nA licence issued to the public trustee authorises an officer or employee of the public trustee to perform any activity authorised by the public trustee that the public trustee may perform under the licence.\nTo remove any doubt, it is declared that an officer or employee performing an activity authorised by the public trustee is not required to be licensed or registered under this Act to perform the activity.\n(sec.51-ssec.1) The chief executive may issue a licence to the public trustee in the public trustee’s capacity as a corporation sole in the name ‘The Public Trustee of Queensland’.\n(sec.51-ssec.2) A licence issued to the public trustee authorises an officer or employee of the public trustee to perform any activity authorised by the public trustee that the public trustee may perform under the licence.\n(sec.51-ssec.3) To remove any doubt, it is declared that an officer or employee performing an activity authorised by the public trustee is not required to be licensed or registered under this Act to perform the activity.","sortOrder":66},{"sectionNumber":"sec.52","sectionType":"section","heading":"Licence—chief executive of department","content":"### sec.52 Licence—chief executive of department\n\nThe chief executive may issue a licence to the chief executive of a department in the name ‘The Chief Executive of the (name of department)’.\nThe licence is taken to be issued to the chief executive for the time being of the department.\nThe chief executive of a department, as a licensee, is taken to represent the State.\nA licence issued to the chief executive of a department authorises an officer or employee of the department of which the chief executive is chief executive to perform any activity authorised by the chief executive that the chief executive may perform under the licence.\nTo remove any doubt, it is declared that an officer or employee performing an activity authorised by the chief executive is not required to be licensed or registered under this Act to perform the activity.\n(sec.52-ssec.1) The chief executive may issue a licence to the chief executive of a department in the name ‘The Chief Executive of the (name of department)’.\n(sec.52-ssec.2) The licence is taken to be issued to the chief executive for the time being of the department.\n(sec.52-ssec.3) The chief executive of a department, as a licensee, is taken to represent the State.\n(sec.52-ssec.4) A licence issued to the chief executive of a department authorises an officer or employee of the department of which the chief executive is chief executive to perform any activity authorised by the chief executive that the chief executive may perform under the licence.\n(sec.52-ssec.5) To remove any doubt, it is declared that an officer or employee performing an activity authorised by the chief executive is not required to be licensed or registered under this Act to perform the activity.","sortOrder":67},{"sectionNumber":"sec.53","sectionType":"section","heading":"Licence—Defence Housing Australia","content":"### sec.53 Licence—Defence Housing Australia\n\nThe chief executive may issue a licence to Defence Housing Australia in the name ‘Defence Housing Australia’.\nA licence issued to Defence Housing Australia authorises an officer or employee of the authority to perform any activity authorised by the authority that the authority may perform under the licence.\nTo remove any doubt, it is declared that an officer or employee performing an activity authorised by the authority is not required to be licensed or registered under this Act to perform the activity.\n(sec.53-ssec.1) The chief executive may issue a licence to Defence Housing Australia in the name ‘Defence Housing Australia’.\n(sec.53-ssec.2) A licence issued to Defence Housing Australia authorises an officer or employee of the authority to perform any activity authorised by the authority that the authority may perform under the licence.\n(sec.53-ssec.3) To remove any doubt, it is declared that an officer or employee performing an activity authorised by the authority is not required to be licensed or registered under this Act to perform the activity.","sortOrder":68},{"sectionNumber":"sec.54","sectionType":"section","heading":"Licence—conditions","content":"### sec.54 Licence—conditions\n\nThe chief executive may issue a licence on the conditions the chief executive considers necessary or desirable for the proper performance of the activities authorised by the licence.\nWithout limiting subsection (1) , a condition may—\nlimit or prohibit the performance of an activity authorised under this Act or the Administration Act ; or\nrequire a licensee to hold insurance of a kind and in an amount prescribed under a regulation.\nIf the chief executive decides to issue a licence on condition, the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\n(sec.54-ssec.1) The chief executive may issue a licence on the conditions the chief executive considers necessary or desirable for the proper performance of the activities authorised by the licence.\n(sec.54-ssec.2) Without limiting subsection (1) , a condition may— limit or prohibit the performance of an activity authorised under this Act or the Administration Act ; or require a licensee to hold insurance of a kind and in an amount prescribed under a regulation.\n(sec.54-ssec.3) If the chief executive decides to issue a licence on condition, the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\n- (a) limit or prohibit the performance of an activity authorised under this Act or the Administration Act ; or\n- (b) require a licensee to hold insurance of a kind and in an amount prescribed under a regulation.","sortOrder":69},{"sectionNumber":"pt.2-div.11","sectionType":"division","heading":"Restrictions on performing activities under licences","content":"## Restrictions on performing activities under licences","sortOrder":70},{"sectionNumber":"sec.55","sectionType":"section","heading":"Restriction—corporations","content":"### sec.55 Restriction—corporations\n\nA corporation that holds a licence may perform an activity under its licence only if the activity may be performed by—\na licensed person who is in charge of the corporation’s business; or\na person permitted under section 84 (2) (b) (ii) (B) to be in charge of a particular place, if the activity is performed at that place; or\na liquidator or controller appointed under the Corporations Act of property of the corporation; or\nan administrator of the corporation appointed under the Corporations Act ; or\nan administrator of a deed of company arrangement for the corporation appointed under the Corporations Act ; or\na receiver appointed under the Administration Act for property of the corporation.\nHowever, subsection (1) does not prevent a corporation that holds a real estate agent licence selling or attempting to sell, or offering for sale or resale, any property by way of auction if the auction is conducted by an auctioneer who is an employed licensee of the corporation.\nA corporation that is a former licensee may perform an activity authorised under the former licence if the activity is performed by a person mentioned in subsection (1) (b) , (c) , (d) , (e) or (f) .\nIf a corporation that holds a licence or is a former licensee performs an activity it is not authorised to perform, it is taken to be a person who acts as a licensee without a licence for the performance of the activity.\nIn this section—\nformer licensee means—\na licensee under a licence that was previously in force; or\na licensee under an existing licence.\n(sec.55-ssec.1) A corporation that holds a licence may perform an activity under its licence only if the activity may be performed by— a licensed person who is in charge of the corporation’s business; or a person permitted under section 84 (2) (b) (ii) (B) to be in charge of a particular place, if the activity is performed at that place; or a liquidator or controller appointed under the Corporations Act of property of the corporation; or an administrator of the corporation appointed under the Corporations Act ; or an administrator of a deed of company arrangement for the corporation appointed under the Corporations Act ; or a receiver appointed under the Administration Act for property of the corporation.\n(sec.55-ssec.2) However, subsection (1) does not prevent a corporation that holds a real estate agent licence selling or attempting to sell, or offering for sale or resale, any property by way of auction if the auction is conducted by an auctioneer who is an employed licensee of the corporation.\n(sec.55-ssec.3) A corporation that is a former licensee may perform an activity authorised under the former licence if the activity is performed by a person mentioned in subsection (1) (b) , (c) , (d) , (e) or (f) .\n(sec.55-ssec.4) If a corporation that holds a licence or is a former licensee performs an activity it is not authorised to perform, it is taken to be a person who acts as a licensee without a licence for the performance of the activity.\n(sec.55-ssec.5) In this section— former licensee means— a licensee under a licence that was previously in force; or a licensee under an existing licence.\n- (a) a licensed person who is in charge of the corporation’s business; or\n- (b) a person permitted under section 84 (2) (b) (ii) (B) to be in charge of a particular place, if the activity is performed at that place; or\n- (c) a liquidator or controller appointed under the Corporations Act of property of the corporation; or\n- (d) an administrator of the corporation appointed under the Corporations Act ; or\n- (e) an administrator of a deed of company arrangement for the corporation appointed under the Corporations Act ; or\n- (f) a receiver appointed under the Administration Act for property of the corporation.\n- (a) a licensee under a licence that was previously in force; or\n- (b) a licensee under an existing licence.","sortOrder":71},{"sectionNumber":"sec.56","sectionType":"section","heading":"Restriction—individuals","content":"### sec.56 Restriction—individuals\n\nAn individual who is an employed licensee may perform an activity authorised under the individual’s licence only if the activity may also be performed by the individual’s employer under the employer’s licence.\nE is a licensed employee of P, a property agent. E’s licence is not subject to a condition. However, P’s licence is subject to a condition that P deal only in business letting. Because of the condition, E is only authorised to deal in business letting under E’s licence during E’s employment with P and while P is subject to the condition.\nHowever, subsection (1) does not prevent an individual who holds an auctioneer licence selling or attempting to sell, or offering for sale or resale, any property by way of auction for the individual’s licensed employer.\nIf the employed licensee performs an activity the employed licensee is not authorised to perform because of subsection (1) , the employed licensee is taken to be a person who acts as a licensee without a licence for the performance of the activity.\n(sec.56-ssec.1) An individual who is an employed licensee may perform an activity authorised under the individual’s licence only if the activity may also be performed by the individual’s employer under the employer’s licence. E is a licensed employee of P, a property agent. E’s licence is not subject to a condition. However, P’s licence is subject to a condition that P deal only in business letting. Because of the condition, E is only authorised to deal in business letting under E’s licence during E’s employment with P and while P is subject to the condition.\n(sec.56-ssec.2) However, subsection (1) does not prevent an individual who holds an auctioneer licence selling or attempting to sell, or offering for sale or resale, any property by way of auction for the individual’s licensed employer.\n(sec.56-ssec.3) If the employed licensee performs an activity the employed licensee is not authorised to perform because of subsection (1) , the employed licensee is taken to be a person who acts as a licensee without a licence for the performance of the activity.","sortOrder":72},{"sectionNumber":"sec.57","sectionType":"section","heading":"Restriction—conditions","content":"### sec.57 Restriction—conditions\n\nThis section applies to a licensee who performs an activity under the licensee’s licence that the licensee is not authorised to perform because of a condition on the licensee’s licence.\nThe licensee is taken to be a person who acts as a licensee without a licence for the performance of the activity.\nFor the consequences of a licensee performing an activity that the licensee is not authorised to perform because of a condition on the licensee’s licence, see sections 97 and 100 .\n(sec.57-ssec.1) This section applies to a licensee who performs an activity under the licensee’s licence that the licensee is not authorised to perform because of a condition on the licensee’s licence.\n(sec.57-ssec.2) The licensee is taken to be a person who acts as a licensee without a licence for the performance of the activity. For the consequences of a licensee performing an activity that the licensee is not authorised to perform because of a condition on the licensee’s licence, see sections 97 and 100 .","sortOrder":73},{"sectionNumber":"pt.2-div.12","sectionType":"division","heading":"Renewal and restoration of licences","content":"## Renewal and restoration of licences","sortOrder":74},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application for renewal","content":"### sec.58 Application for renewal\n\nA licensee may only apply for renewal of the licensee’s licence before the licence expires.\nThe application must—\nbe made to the chief executive in the approved form; and\nstate the term of the licence being applied for; and\nstate the names and addresses of the licensee’s business associates; and\nbe accompanied by—\nthe application fee prescribed under a regulation; and\nthe licence renewal fee prescribed under a regulation; and\nif the licensee is required as a condition of the licensee’s licence to hold insurance, proof of the currency of the insurance; and\nif, before or when the application is made, a criminal history costs requirement is made of the licensee—the amount of the costs required to be paid; and\nif section 92B (1) applies to the licensee—a statement that the licensee has, for each CPD year ending within the term of the licensee’s current licence, complied with section 92B (1) or evidence that exceptional circumstances apply.\nThe application must also be accompanied by—\nan audit report for all trust accounts kept by the licensee during the relevant audit period; or\na statutory declaration by the licensee that the licensee did not operate a trust account during the relevant audit period.\nIn this section—\nrelevant audit period , for a licensee’s licence, means the audit period ending immediately before the licence’s expiry date.\ns 58 amd 2024 No. 27 s 108\n(sec.58-ssec.1) A licensee may only apply for renewal of the licensee’s licence before the licence expires.\n(sec.58-ssec.2) The application must— be made to the chief executive in the approved form; and state the term of the licence being applied for; and state the names and addresses of the licensee’s business associates; and be accompanied by— the application fee prescribed under a regulation; and the licence renewal fee prescribed under a regulation; and if the licensee is required as a condition of the licensee’s licence to hold insurance, proof of the currency of the insurance; and if, before or when the application is made, a criminal history costs requirement is made of the licensee—the amount of the costs required to be paid; and if section 92B (1) applies to the licensee—a statement that the licensee has, for each CPD year ending within the term of the licensee’s current licence, complied with section 92B (1) or evidence that exceptional circumstances apply.\n(sec.58-ssec.3) The application must also be accompanied by— an audit report for all trust accounts kept by the licensee during the relevant audit period; or a statutory declaration by the licensee that the licensee did not operate a trust account during the relevant audit period.\n(sec.58-ssec.4) In this section— relevant audit period , for a licensee’s licence, means the audit period ending immediately before the licence’s expiry date.\n- (a) be made to the chief executive in the approved form; and\n- (b) state the term of the licence being applied for; and\n- (c) state the names and addresses of the licensee’s business associates; and\n- (d) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) the licence renewal fee prescribed under a regulation; and (iii) if the licensee is required as a condition of the licensee’s licence to hold insurance, proof of the currency of the insurance; and (iv) if, before or when the application is made, a criminal history costs requirement is made of the licensee—the amount of the costs required to be paid; and (v) if section 92B (1) applies to the licensee—a statement that the licensee has, for each CPD year ending within the term of the licensee’s current licence, complied with section 92B (1) or evidence that exceptional circumstances apply.\n- (i) the application fee prescribed under a regulation; and\n- (ii) the licence renewal fee prescribed under a regulation; and\n- (iii) if the licensee is required as a condition of the licensee’s licence to hold insurance, proof of the currency of the insurance; and\n- (iv) if, before or when the application is made, a criminal history costs requirement is made of the licensee—the amount of the costs required to be paid; and\n- (v) if section 92B (1) applies to the licensee—a statement that the licensee has, for each CPD year ending within the term of the licensee’s current licence, complied with section 92B (1) or evidence that exceptional circumstances apply.\n- (i) the application fee prescribed under a regulation; and\n- (ii) the licence renewal fee prescribed under a regulation; and\n- (iii) if the licensee is required as a condition of the licensee’s licence to hold insurance, proof of the currency of the insurance; and\n- (iv) if, before or when the application is made, a criminal history costs requirement is made of the licensee—the amount of the costs required to be paid; and\n- (v) if section 92B (1) applies to the licensee—a statement that the licensee has, for each CPD year ending within the term of the licensee’s current licence, complied with section 92B (1) or evidence that exceptional circumstances apply.\n- (a) an audit report for all trust accounts kept by the licensee during the relevant audit period; or\n- (b) a statutory declaration by the licensee that the licensee did not operate a trust account during the relevant audit period.","sortOrder":75},{"sectionNumber":"sec.59","sectionType":"section","heading":"Chief executive may renew or refuse to renew licence","content":"### sec.59 Chief executive may renew or refuse to renew licence\n\nThe chief executive must consider the renewal application and may renew or refuse to renew the licence.\nThe chief executive may renew the licence only if the chief executive is satisfied—\nthe licensee is a suitable person to hold a licence and—\nif the licensee carries on business in partnership or in conjunction with others—each member of the partnership or each person with whom the licensee carries on business in conjunction is a suitable person to hold a licence; and\nif the licensee is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and\nthe application is made under section 58 ; and\nthe licensee meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence.\nIf section 92B (1) applies to the licensee, the chief executive must, in deciding whether to renew or refuse to renew the licence, have regard to whether—\nthe licensee has complied with section 92B (1) for each CPD year ending within the term of the licensee’s current licence; or\nthe licensee has not complied with section 92B (1) for each CPD year ending within the term of the licensee’s current licence but exceptional circumstances apply.\nIf the chief executive decides to refuse the application, the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\ns 59 amd 2024 No. 27 s 109\n(sec.59-ssec.1) The chief executive must consider the renewal application and may renew or refuse to renew the licence.\n(sec.59-ssec.2) The chief executive may renew the licence only if the chief executive is satisfied— the licensee is a suitable person to hold a licence and— if the licensee carries on business in partnership or in conjunction with others—each member of the partnership or each person with whom the licensee carries on business in conjunction is a suitable person to hold a licence; and if the licensee is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and the application is made under section 58 ; and the licensee meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence.\n(sec.59-ssec.3) If section 92B (1) applies to the licensee, the chief executive must, in deciding whether to renew or refuse to renew the licence, have regard to whether— the licensee has complied with section 92B (1) for each CPD year ending within the term of the licensee’s current licence; or the licensee has not complied with section 92B (1) for each CPD year ending within the term of the licensee’s current licence but exceptional circumstances apply.\n(sec.59-ssec.4) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\n- (a) the licensee is a suitable person to hold a licence and— (i) if the licensee carries on business in partnership or in conjunction with others—each member of the partnership or each person with whom the licensee carries on business in conjunction is a suitable person to hold a licence; and (ii) if the licensee is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and\n- (i) if the licensee carries on business in partnership or in conjunction with others—each member of the partnership or each person with whom the licensee carries on business in conjunction is a suitable person to hold a licence; and\n- (ii) if the licensee is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and\n- (b) the application is made under section 58 ; and\n- (c) the licensee meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence.\n- (i) if the licensee carries on business in partnership or in conjunction with others—each member of the partnership or each person with whom the licensee carries on business in conjunction is a suitable person to hold a licence; and\n- (ii) if the licensee is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and\n- (a) the licensee has complied with section 92B (1) for each CPD year ending within the term of the licensee’s current licence; or\n- (b) the licensee has not complied with section 92B (1) for each CPD year ending within the term of the licensee’s current licence but exceptional circumstances apply.","sortOrder":76},{"sectionNumber":"sec.60","sectionType":"section","heading":"Licence taken to be in force while application for renewal is considered","content":"### sec.60 Licence taken to be in force while application for renewal is considered\n\nIf an application is made under section 58 , the licensee’s licence is taken to continue in force from the day that it would, apart from this section, have expired until the licensee’s application for renewal is—\ndecided under section 59 ; or\nwithdrawn by the licensee; or\ntaken to have been withdrawn under section 33 (3) or 42 (5) .\n- (a) decided under section 59 ; or\n- (b) withdrawn by the licensee; or\n- (c) taken to have been withdrawn under section 33 (3) or 42 (5) .","sortOrder":77},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application for restoration","content":"### sec.61 Application for restoration\n\nIf a person’s licence expires, the person may apply for restoration of the licence.\nThe application must—\nbe made to the chief executive in the approved form; and\nbe made within 3 months after the expiry; and\nstate the term of the licence being applied for; and\nstate the names and addresses of the person’s business associates; and\nbe accompanied by—\nthe application fee prescribed under a regulation; and\nthe licence renewal fee prescribed under a regulation; and\nthe licence restoration fee prescribed under a regulation; and\nif the person was required as a condition of the person’s expired licence to hold insurance—proof of the currency of the insurance; and\nif, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and\nif section 92B (1) applied to the licensee in relation to the expired licence—a statement that the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence, or evidence that exceptional circumstances applied.\nThe application must also be accompanied by—\nan audit report about all trust accounts maintained by the person during the relevant audit period; or\na statutory declaration by the person that the person did not operate a trust account during the relevant audit period.\nIn this section—\nrelevant audit period , for a person’s expired licence, means the audit period ending immediately before the licence expired.\ns 61 amd 2024 No. 27 s 110\n(sec.61-ssec.1) If a person’s licence expires, the person may apply for restoration of the licence.\n(sec.61-ssec.2) The application must— be made to the chief executive in the approved form; and be made within 3 months after the expiry; and state the term of the licence being applied for; and state the names and addresses of the person’s business associates; and be accompanied by— the application fee prescribed under a regulation; and the licence renewal fee prescribed under a regulation; and the licence restoration fee prescribed under a regulation; and if the person was required as a condition of the person’s expired licence to hold insurance—proof of the currency of the insurance; and if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and if section 92B (1) applied to the licensee in relation to the expired licence—a statement that the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence, or evidence that exceptional circumstances applied.\n(sec.61-ssec.3) The application must also be accompanied by— an audit report about all trust accounts maintained by the person during the relevant audit period; or a statutory declaration by the person that the person did not operate a trust account during the relevant audit period.\n(sec.61-ssec.4) In this section— relevant audit period , for a person’s expired licence, means the audit period ending immediately before the licence expired.\n- (a) be made to the chief executive in the approved form; and\n- (b) be made within 3 months after the expiry; and\n- (c) state the term of the licence being applied for; and\n- (d) state the names and addresses of the person’s business associates; and\n- (e) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) the licence renewal fee prescribed under a regulation; and (iii) the licence restoration fee prescribed under a regulation; and (iv) if the person was required as a condition of the person’s expired licence to hold insurance—proof of the currency of the insurance; and (v) if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and (vi) if section 92B (1) applied to the licensee in relation to the expired licence—a statement that the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence, or evidence that exceptional circumstances applied.\n- (i) the application fee prescribed under a regulation; and\n- (ii) the licence renewal fee prescribed under a regulation; and\n- (iii) the licence restoration fee prescribed under a regulation; and\n- (iv) if the person was required as a condition of the person’s expired licence to hold insurance—proof of the currency of the insurance; and\n- (v) if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and\n- (vi) if section 92B (1) applied to the licensee in relation to the expired licence—a statement that the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence, or evidence that exceptional circumstances applied.\n- (i) the application fee prescribed under a regulation; and\n- (ii) the licence renewal fee prescribed under a regulation; and\n- (iii) the licence restoration fee prescribed under a regulation; and\n- (iv) if the person was required as a condition of the person’s expired licence to hold insurance—proof of the currency of the insurance; and\n- (v) if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and\n- (vi) if section 92B (1) applied to the licensee in relation to the expired licence—a statement that the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence, or evidence that exceptional circumstances applied.\n- (a) an audit report about all trust accounts maintained by the person during the relevant audit period; or\n- (b) a statutory declaration by the person that the person did not operate a trust account during the relevant audit period.","sortOrder":78},{"sectionNumber":"sec.62","sectionType":"section","heading":"Licence taken to be in force while application for restoration is considered","content":"### sec.62 Licence taken to be in force while application for restoration is considered\n\nIf an application is made under section 61 , the person’s licence is taken to have continued in force from the day that it would, apart from this section, have expired until the person’s application for restoration is—\ndecided under section 63 ; or\nwithdrawn by the person; or\ntaken to have been withdrawn under section 33 (3) or 42 (5) .\n- (a) decided under section 63 ; or\n- (b) withdrawn by the person; or\n- (c) taken to have been withdrawn under section 33 (3) or 42 (5) .","sortOrder":79},{"sectionNumber":"sec.63","sectionType":"section","heading":"Chief executive may restore or refuse to restore licence","content":"### sec.63 Chief executive may restore or refuse to restore licence\n\nThe chief executive must consider the restoration application and may decide to restore or refuse to restore the licence.\nThe chief executive may decide to restore the licence only if the chief executive is satisfied—\nthe person is a suitable person to hold a licence and—\nif the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on business in conjunction is a suitable person to hold a licence; and\nif the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and\nthe application is made under section 61 ; and\nthe person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence.\nIf section 92B (1) applied to the licensee in relation to the expired licence, the chief executive must, in deciding whether to restore or refuse to restore the licence, have regard to whether—\nthe licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence; or\nthe licensee did not comply with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence but exceptional circumstances applied.\nIf the chief executive decides to refuse to restore the licence, the chief executive must give the person an information notice about the decision within 14 days after making the decision.\nIf the chief executive decides to restore the licence—\nthe licence is taken to have been renewed on the day it would, apart from section 62 , have expired (the initial expiry date ); and\nto remove any doubt, a thing done during the period starting on the initial expiry date and ending on the day the decision is made is taken to have been as validly done as it would have been if the licence had been renewed immediately before the initial expiry date.\ns 63 amd 2024 No. 27 s 111\n(sec.63-ssec.1) The chief executive must consider the restoration application and may decide to restore or refuse to restore the licence.\n(sec.63-ssec.2) The chief executive may decide to restore the licence only if the chief executive is satisfied— the person is a suitable person to hold a licence and— if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on business in conjunction is a suitable person to hold a licence; and if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and the application is made under section 61 ; and the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence.\n(sec.63-ssec.3) If section 92B (1) applied to the licensee in relation to the expired licence, the chief executive must, in deciding whether to restore or refuse to restore the licence, have regard to whether— the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence; or the licensee did not comply with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence but exceptional circumstances applied.\n(sec.63-ssec.4) If the chief executive decides to refuse to restore the licence, the chief executive must give the person an information notice about the decision within 14 days after making the decision.\n(sec.63-ssec.5) If the chief executive decides to restore the licence— the licence is taken to have been renewed on the day it would, apart from section 62 , have expired (the initial expiry date ); and to remove any doubt, a thing done during the period starting on the initial expiry date and ending on the day the decision is made is taken to have been as validly done as it would have been if the licence had been renewed immediately before the initial expiry date.\n- (a) the person is a suitable person to hold a licence and— (i) if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on business in conjunction is a suitable person to hold a licence; and (ii) if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and\n- (i) if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on business in conjunction is a suitable person to hold a licence; and\n- (ii) if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and\n- (b) the application is made under section 61 ; and\n- (c) the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence.\n- (i) if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on business in conjunction is a suitable person to hold a licence; and\n- (ii) if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and\n- (a) the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence; or\n- (b) the licensee did not comply with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence but exceptional circumstances applied.\n- (a) the licence is taken to have been renewed on the day it would, apart from section 62 , have expired (the initial expiry date ); and\n- (b) to remove any doubt, a thing done during the period starting on the initial expiry date and ending on the day the decision is made is taken to have been as validly done as it would have been if the licence had been renewed immediately before the initial expiry date.","sortOrder":80},{"sectionNumber":"pt.2-div.13","sectionType":"division","heading":"Dealings with licences","content":"## Dealings with licences","sortOrder":81},{"sectionNumber":"sec.64","sectionType":"section","heading":"Transfer of licence prohibited","content":"### sec.64 Transfer of licence prohibited\n\nA licence may not be transferred.","sortOrder":82},{"sectionNumber":"sec.65","sectionType":"section","heading":"Offence to sell, lend or borrow licence","content":"### sec.65 Offence to sell, lend or borrow licence\n\nA licensee must not—\nsell, lend or hire out the licensee’s licence to someone else; or\nnotify or advertise that the licensee’s licence is available for sale, loan or hire to someone else, whether licensed or not; or\nallow someone else to hold out the person is the holder of the licensee’s licence.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not buy, borrow or hire a licensee’s licence.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIf a person who is not the holder of an appropriate licence or the licensee’s substitute licensee has the effective or apparent management or control of a licensee’s business, the licensee is taken to have lent, and the person is taken to have borrowed, the licensee’s licence.\n(sec.65-ssec.1) A licensee must not— sell, lend or hire out the licensee’s licence to someone else; or notify or advertise that the licensee’s licence is available for sale, loan or hire to someone else, whether licensed or not; or allow someone else to hold out the person is the holder of the licensee’s licence. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.65-ssec.2) A person must not buy, borrow or hire a licensee’s licence. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.65-ssec.3) If a person who is not the holder of an appropriate licence or the licensee’s substitute licensee has the effective or apparent management or control of a licensee’s business, the licensee is taken to have lent, and the person is taken to have borrowed, the licensee’s licence.\n- (a) sell, lend or hire out the licensee’s licence to someone else; or\n- (b) notify or advertise that the licensee’s licence is available for sale, loan or hire to someone else, whether licensed or not; or\n- (c) allow someone else to hold out the person is the holder of the licensee’s licence.","sortOrder":83},{"sectionNumber":"sec.66","sectionType":"section","heading":"Appointment of substitute licensee—principal licensee—individual","content":"### sec.66 Appointment of substitute licensee—principal licensee—individual\n\nA principal licensee may appoint an adult as the licensee’s substitute licensee for a period of not more than 30 days only if—\nthe licensee will be absent from the licensee’s registered office for the period; and\nthe adult consents to the appointment; and\nif the licensee is required as a condition of the licensee’s licence to hold insurance—the adult is covered by the insurance or holds insurance that complies with the requirements of the condition.\nThe principal licensee must ensure—\nan appointment under subsection (1) and the substitute licensee’s consent to the appointment are in writing and state the period of appointment; and\nthe appointment, consent and evidence of any insurance the substitute licensee is required to have are—\nkept at the licensee’s registered office; and\nmade available for immediate inspection by an inspector who asks to see them.\nMaximum penalty—100 penalty units.\nA principal licensee who will be absent from the licensee’s registered office for a period of more than 30 days must apply to the chief executive in the approved form for the appointment or the extension of the appointment of an adult ( nominated person ) as the licensee’s substitute licensee.\nMaximum penalty—200 penalty units.\nIf the principal licensee is a person for whom an administrator has been appointed under the Guardianship and Administration Act 2000 or is deceased, the licensee’s representative may make the application under subsection (3) .\nThe application must be accompanied by—\nthe nominated person’s signed consent to the appointment; and\nenough information about the nominated person to enable the chief executive to decide whether the person—\nis a suitable person to hold a licence; and\nis sufficiently qualified to perform the licensee’s activities during the period; and\nif the licensee is required as a condition of the licensee’s licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition; and\nthe application fee prescribed under a regulation; and\nif, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.\nIn this section—\nprincipal licensee means a principal licensee who is an individual.\nrepresentative , of a principal licensee, means—\nfor a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000 —the licensee’s administrator; or\nfor a deceased licensee—the licensee’s personal representative.\n(sec.66-ssec.1) A principal licensee may appoint an adult as the licensee’s substitute licensee for a period of not more than 30 days only if— the licensee will be absent from the licensee’s registered office for the period; and the adult consents to the appointment; and if the licensee is required as a condition of the licensee’s licence to hold insurance—the adult is covered by the insurance or holds insurance that complies with the requirements of the condition.\n(sec.66-ssec.2) The principal licensee must ensure— an appointment under subsection (1) and the substitute licensee’s consent to the appointment are in writing and state the period of appointment; and the appointment, consent and evidence of any insurance the substitute licensee is required to have are— kept at the licensee’s registered office; and made available for immediate inspection by an inspector who asks to see them. Maximum penalty—100 penalty units.\n(sec.66-ssec.3) A principal licensee who will be absent from the licensee’s registered office for a period of more than 30 days must apply to the chief executive in the approved form for the appointment or the extension of the appointment of an adult ( nominated person ) as the licensee’s substitute licensee. Maximum penalty—200 penalty units.\n(sec.66-ssec.4) If the principal licensee is a person for whom an administrator has been appointed under the Guardianship and Administration Act 2000 or is deceased, the licensee’s representative may make the application under subsection (3) .\n(sec.66-ssec.5) The application must be accompanied by— the nominated person’s signed consent to the appointment; and enough information about the nominated person to enable the chief executive to decide whether the person— is a suitable person to hold a licence; and is sufficiently qualified to perform the licensee’s activities during the period; and if the licensee is required as a condition of the licensee’s licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition; and the application fee prescribed under a regulation; and if, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.\n(sec.66-ssec.6) In this section— principal licensee means a principal licensee who is an individual. representative , of a principal licensee, means— for a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000 —the licensee’s administrator; or for a deceased licensee—the licensee’s personal representative.\n- (a) the licensee will be absent from the licensee’s registered office for the period; and\n- (b) the adult consents to the appointment; and\n- (c) if the licensee is required as a condition of the licensee’s licence to hold insurance—the adult is covered by the insurance or holds insurance that complies with the requirements of the condition.\n- (a) an appointment under subsection (1) and the substitute licensee’s consent to the appointment are in writing and state the period of appointment; and\n- (b) the appointment, consent and evidence of any insurance the substitute licensee is required to have are— (i) kept at the licensee’s registered office; and (ii) made available for immediate inspection by an inspector who asks to see them.\n- (i) kept at the licensee’s registered office; and\n- (ii) made available for immediate inspection by an inspector who asks to see them.\n- (i) kept at the licensee’s registered office; and\n- (ii) made available for immediate inspection by an inspector who asks to see them.\n- (a) the nominated person’s signed consent to the appointment; and\n- (b) enough information about the nominated person to enable the chief executive to decide whether the person— (i) is a suitable person to hold a licence; and (ii) is sufficiently qualified to perform the licensee’s activities during the period; and (iii) if the licensee is required as a condition of the licensee’s licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition; and\n- (i) is a suitable person to hold a licence; and\n- (ii) is sufficiently qualified to perform the licensee’s activities during the period; and\n- (iii) if the licensee is required as a condition of the licensee’s licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition; and\n- (c) the application fee prescribed under a regulation; and\n- (d) if, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.\n- (i) is a suitable person to hold a licence; and\n- (ii) is sufficiently qualified to perform the licensee’s activities during the period; and\n- (iii) if the licensee is required as a condition of the licensee’s licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition; and\n- (a) for a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000 —the licensee’s administrator; or\n- (b) for a deceased licensee—the licensee’s personal representative.","sortOrder":84},{"sectionNumber":"sec.67","sectionType":"section","heading":"Appointment of substitute licensee—employed licensee or real estate salesperson in charge of a principal licensee’s business at a place","content":"### sec.67 Appointment of substitute licensee—employed licensee or real estate salesperson in charge of a principal licensee’s business at a place\n\nThis section applies if an employed licensee or real estate salesperson in charge of a principal licensee’s business at a place (the relevant person ) will be absent from the place for any reason, other than the relevant person’s resignation or termination of employment.\nIf the relevant person will be absent from the place for a period of not more than 30 days, the principal licensee may appoint an adult as—\nthe employed licensee’s substitute licensee for the period if the adult consents to the appointment; or\nthe real estate salesperson’s substitute real estate salesperson for the period if the adult consents to the appointment.\nThe principal licensee must ensure an appointment under subsection (2) and the person’s consent to the appointment are—\nin writing and state the period of appointment; and\nkept at the principal licensee’s registered office; and\nmade available for immediate inspection by an inspector who asks to see them.\nMaximum penalty—100 penalty units.\nIf the relevant person will be absent from the place for a period of more than 30 days, the principal licensee who employs the relevant person must apply to the chief executive in the approved form for the appointment or the extension of the appointment of an adult ( nominated person ) as—\nthe employed licensee’s substitute licensee; or\nthe real estate salesperson’s substitute real estate salesperson.\nMaximum penalty—200 penalty units.\nThe application must be accompanied by—\nthe nominated person’s signed consent to the appointment; and\nenough information about the nominated person to enable the chief executive to decide whether the person—\neither—\nif the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or\nif the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and\nis sufficiently qualified to perform the relevant person’s activities during the period; and\nthe application fee prescribed under a regulation; and\nif, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.\nIn this section—\nprincipal licensee includes—\nfor a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000 —the licensee’s administrator; and\nfor a deceased licensee—the licensee’s personal representative.\n(sec.67-ssec.1) This section applies if an employed licensee or real estate salesperson in charge of a principal licensee’s business at a place (the relevant person ) will be absent from the place for any reason, other than the relevant person’s resignation or termination of employment.\n(sec.67-ssec.2) If the relevant person will be absent from the place for a period of not more than 30 days, the principal licensee may appoint an adult as— the employed licensee’s substitute licensee for the period if the adult consents to the appointment; or the real estate salesperson’s substitute real estate salesperson for the period if the adult consents to the appointment.\n(sec.67-ssec.3) The principal licensee must ensure an appointment under subsection (2) and the person’s consent to the appointment are— in writing and state the period of appointment; and kept at the principal licensee’s registered office; and made available for immediate inspection by an inspector who asks to see them. Maximum penalty—100 penalty units.\n(sec.67-ssec.4) If the relevant person will be absent from the place for a period of more than 30 days, the principal licensee who employs the relevant person must apply to the chief executive in the approved form for the appointment or the extension of the appointment of an adult ( nominated person ) as— the employed licensee’s substitute licensee; or the real estate salesperson’s substitute real estate salesperson. Maximum penalty—200 penalty units.\n(sec.67-ssec.5) The application must be accompanied by— the nominated person’s signed consent to the appointment; and enough information about the nominated person to enable the chief executive to decide whether the person— either— if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and is sufficiently qualified to perform the relevant person’s activities during the period; and the application fee prescribed under a regulation; and if, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.\n(sec.67-ssec.6) In this section— principal licensee includes— for a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000 —the licensee’s administrator; and for a deceased licensee—the licensee’s personal representative.\n- (a) the employed licensee’s substitute licensee for the period if the adult consents to the appointment; or\n- (b) the real estate salesperson’s substitute real estate salesperson for the period if the adult consents to the appointment.\n- (a) in writing and state the period of appointment; and\n- (b) kept at the principal licensee’s registered office; and\n- (c) made available for immediate inspection by an inspector who asks to see them.\n- (a) the employed licensee’s substitute licensee; or\n- (b) the real estate salesperson’s substitute real estate salesperson.\n- (a) the nominated person’s signed consent to the appointment; and\n- (b) enough information about the nominated person to enable the chief executive to decide whether the person— (i) either— (A) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or (B) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and (ii) is sufficiently qualified to perform the relevant person’s activities during the period; and\n- (i) either— (A) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or (B) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and\n- (A) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or\n- (B) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and\n- (ii) is sufficiently qualified to perform the relevant person’s activities during the period; and\n- (c) the application fee prescribed under a regulation; and\n- (d) if, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.\n- (i) either— (A) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or (B) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and\n- (A) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or\n- (B) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and\n- (ii) is sufficiently qualified to perform the relevant person’s activities during the period; and\n- (A) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or\n- (B) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and\n- (a) for a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000 —the licensee’s administrator; and\n- (b) for a deceased licensee—the licensee’s personal representative.","sortOrder":85},{"sectionNumber":"sec.68","sectionType":"section","heading":"Chief executive may appoint or refuse to appoint substitute licensee","content":"### sec.68 Chief executive may appoint or refuse to appoint substitute licensee\n\nThe chief executive may decide to appoint or refuse to appoint—\na nominated person mentioned in section 66 (3) as a principal licensee’s substitute licensee; or\na nominated person mentioned in section 67 (4) as an employed licensee’s substitute licensee; or\na nominated person mentioned in section 67 (4) as a real estate salesperson’s substitute real estate salesperson.\nThe chief executive may decide to appoint the nominated person only if the chief executive is satisfied the nominated person—\neither—\nif the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or\nif the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and\nis sufficiently qualified to perform the relevant person’s activities during the period of the relevant person’s absence; and\nif the principal licensee is required as a condition of the principal licensee’s licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition.\nAn appointment under this section may be made subject to the conditions the chief executive considers appropriate.\nThe chief executive must give written notice of the appointment to the principal licensee and the substitute licensee.\nIf the chief executive decides to refuse the application or to impose conditions on the appointment, the chief executive must give the principal licensee an information notice about the decision within 14 days after making the decision.\n(sec.68-ssec.1) The chief executive may decide to appoint or refuse to appoint— a nominated person mentioned in section 66 (3) as a principal licensee’s substitute licensee; or a nominated person mentioned in section 67 (4) as an employed licensee’s substitute licensee; or a nominated person mentioned in section 67 (4) as a real estate salesperson’s substitute real estate salesperson.\n(sec.68-ssec.2) The chief executive may decide to appoint the nominated person only if the chief executive is satisfied the nominated person— either— if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and is sufficiently qualified to perform the relevant person’s activities during the period of the relevant person’s absence; and if the principal licensee is required as a condition of the principal licensee’s licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition.\n(sec.68-ssec.3) An appointment under this section may be made subject to the conditions the chief executive considers appropriate.\n(sec.68-ssec.4) The chief executive must give written notice of the appointment to the principal licensee and the substitute licensee.\n(sec.68-ssec.5) If the chief executive decides to refuse the application or to impose conditions on the appointment, the chief executive must give the principal licensee an information notice about the decision within 14 days after making the decision.\n- (a) a nominated person mentioned in section 66 (3) as a principal licensee’s substitute licensee; or\n- (b) a nominated person mentioned in section 67 (4) as an employed licensee’s substitute licensee; or\n- (c) a nominated person mentioned in section 67 (4) as a real estate salesperson’s substitute real estate salesperson.\n- (a) either— (i) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or (ii) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and\n- (i) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or\n- (ii) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and\n- (b) is sufficiently qualified to perform the relevant person’s activities during the period of the relevant person’s absence; and\n- (c) if the principal licensee is required as a condition of the principal licensee’s licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition.\n- (i) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or\n- (ii) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and","sortOrder":86},{"sectionNumber":"sec.69","sectionType":"section","heading":"Substitute licensee","content":"### sec.69 Substitute licensee\n\nOn appointment, a substitute licensee or substitute real estate salesperson—\nmust act as substitute for the principal licensee, employed licensee or real estate salesperson for whom the substitute is appointed; and\nis taken to be the principal licensee, employed licensee or real estate salesperson during the period of the appointment.\nA principal licensee, employed licensee or real estate salesperson for whom a substitute has been appointed must not act under the authority of—\nthe principal licensee’s or employed licensee’s licence while the appointment continues; or\nthe real estate salesperson’s registration certificate while the appointment continues.\nMaximum penalty—200 penalty units.\nThe appointment of the substitute licensee or real estate salesperson ends if—\nthe period of the appointment ends; or\nthe principal licensee gives written notice to end the appointment from a date stated in the notice—\nfor a substitute licensee appointed under section 66 (1) or 67 (2) —to the substitute licensee; or\nfor a substitute licensee appointed under section 68 —to the chief executive and the substitute licensee; or\nfor a substitute real estate salesperson appointed under section 67 (2) —to the substitute real estate salesperson; or\nfor a substitute real estate salesperson appointed under section 68 —to the chief executive and the substitute real estate salesperson; or\nthe substitute licensee gives written notice to end the appointment from a date stated in the notice—\nfor a substitute licensee appointed under section 66 (1) or 67 (2) —to the principal licensee who made the appointment; or\nfor a substitute licensee appointed under section 68 —to the chief executive and the principal licensee who applied for the appointment; or\nfor a substitute real estate salesperson appointed under section 67 (2) —to the principal licensee who made the appointment; or\nfor a substitute real estate salesperson appointed under section 68 —to the chief executive and the principal licensee who applied for the appointment; or\nthe chief executive revokes the substitute licensee’s or substitute real estate salesperson’s appointment; or\nthe principal licensee’s or employed licensee’s licence or the real estate salesperson’s registration certificate is suspended or cancelled; or\nif the licensee is a principal licensee—the licensee stops carrying on business as a licensee.\n(sec.69-ssec.1) On appointment, a substitute licensee or substitute real estate salesperson— must act as substitute for the principal licensee, employed licensee or real estate salesperson for whom the substitute is appointed; and is taken to be the principal licensee, employed licensee or real estate salesperson during the period of the appointment.\n(sec.69-ssec.2) A principal licensee, employed licensee or real estate salesperson for whom a substitute has been appointed must not act under the authority of— the principal licensee’s or employed licensee’s licence while the appointment continues; or the real estate salesperson’s registration certificate while the appointment continues. Maximum penalty—200 penalty units.\n(sec.69-ssec.3) The appointment of the substitute licensee or real estate salesperson ends if— the period of the appointment ends; or the principal licensee gives written notice to end the appointment from a date stated in the notice— for a substitute licensee appointed under section 66 (1) or 67 (2) —to the substitute licensee; or for a substitute licensee appointed under section 68 —to the chief executive and the substitute licensee; or for a substitute real estate salesperson appointed under section 67 (2) —to the substitute real estate salesperson; or for a substitute real estate salesperson appointed under section 68 —to the chief executive and the substitute real estate salesperson; or the substitute licensee gives written notice to end the appointment from a date stated in the notice— for a substitute licensee appointed under section 66 (1) or 67 (2) —to the principal licensee who made the appointment; or for a substitute licensee appointed under section 68 —to the chief executive and the principal licensee who applied for the appointment; or for a substitute real estate salesperson appointed under section 67 (2) —to the principal licensee who made the appointment; or for a substitute real estate salesperson appointed under section 68 —to the chief executive and the principal licensee who applied for the appointment; or the chief executive revokes the substitute licensee’s or substitute real estate salesperson’s appointment; or the principal licensee’s or employed licensee’s licence or the real estate salesperson’s registration certificate is suspended or cancelled; or if the licensee is a principal licensee—the licensee stops carrying on business as a licensee.\n- (a) must act as substitute for the principal licensee, employed licensee or real estate salesperson for whom the substitute is appointed; and\n- (b) is taken to be the principal licensee, employed licensee or real estate salesperson during the period of the appointment.\n- (a) the principal licensee’s or employed licensee’s licence while the appointment continues; or\n- (b) the real estate salesperson’s registration certificate while the appointment continues.\n- (a) the period of the appointment ends; or\n- (b) the principal licensee gives written notice to end the appointment from a date stated in the notice— (i) for a substitute licensee appointed under section 66 (1) or 67 (2) —to the substitute licensee; or (ii) for a substitute licensee appointed under section 68 —to the chief executive and the substitute licensee; or (iii) for a substitute real estate salesperson appointed under section 67 (2) —to the substitute real estate salesperson; or (iv) for a substitute real estate salesperson appointed under section 68 —to the chief executive and the substitute real estate salesperson; or\n- (i) for a substitute licensee appointed under section 66 (1) or 67 (2) —to the substitute licensee; or\n- (ii) for a substitute licensee appointed under section 68 —to the chief executive and the substitute licensee; or\n- (iii) for a substitute real estate salesperson appointed under section 67 (2) —to the substitute real estate salesperson; or\n- (iv) for a substitute real estate salesperson appointed under section 68 —to the chief executive and the substitute real estate salesperson; or\n- (c) the substitute licensee gives written notice to end the appointment from a date stated in the notice— (i) for a substitute licensee appointed under section 66 (1) or 67 (2) —to the principal licensee who made the appointment; or (ii) for a substitute licensee appointed under section 68 —to the chief executive and the principal licensee who applied for the appointment; or (iii) for a substitute real estate salesperson appointed under section 67 (2) —to the principal licensee who made the appointment; or (iv) for a substitute real estate salesperson appointed under section 68 —to the chief executive and the principal licensee who applied for the appointment; or\n- (i) for a substitute licensee appointed under section 66 (1) or 67 (2) —to the principal licensee who made the appointment; or\n- (ii) for a substitute licensee appointed under section 68 —to the chief executive and the principal licensee who applied for the appointment; or\n- (iii) for a substitute real estate salesperson appointed under section 67 (2) —to the principal licensee who made the appointment; or\n- (iv) for a substitute real estate salesperson appointed under section 68 —to the chief executive and the principal licensee who applied for the appointment; or\n- (d) the chief executive revokes the substitute licensee’s or substitute real estate salesperson’s appointment; or\n- (e) the principal licensee’s or employed licensee’s licence or the real estate salesperson’s registration certificate is suspended or cancelled; or\n- (f) if the licensee is a principal licensee—the licensee stops carrying on business as a licensee.\n- (i) for a substitute licensee appointed under section 66 (1) or 67 (2) —to the substitute licensee; or\n- (ii) for a substitute licensee appointed under section 68 —to the chief executive and the substitute licensee; or\n- (iii) for a substitute real estate salesperson appointed under section 67 (2) —to the substitute real estate salesperson; or\n- (iv) for a substitute real estate salesperson appointed under section 68 —to the chief executive and the substitute real estate salesperson; or\n- (i) for a substitute licensee appointed under section 66 (1) or 67 (2) —to the principal licensee who made the appointment; or\n- (ii) for a substitute licensee appointed under section 68 —to the chief executive and the principal licensee who applied for the appointment; or\n- (iii) for a substitute real estate salesperson appointed under section 67 (2) —to the principal licensee who made the appointment; or\n- (iv) for a substitute real estate salesperson appointed under section 68 —to the chief executive and the principal licensee who applied for the appointment; or","sortOrder":87},{"sectionNumber":"sec.70","sectionType":"section","heading":"Limitation on period of substitution","content":"### sec.70 Limitation on period of substitution\n\nA principal licensee may not appoint a substitute licensee for himself or herself for more than 12 weeks in any period of 12 months.\nA principal licensee may not appoint a substitute licensee for a principal licensee, employed licensee or real estate salesperson for more than 12 weeks in any period of 12 months.\nThe chief executive may not appoint a substitute licensee for a principal licensee, employed licensee or a substitute real estate salesperson for a real estate salesperson for more than 26 weeks in any period of 12 months.\n(sec.70-ssec.1) A principal licensee may not appoint a substitute licensee for himself or herself for more than 12 weeks in any period of 12 months.\n(sec.70-ssec.2) A principal licensee may not appoint a substitute licensee for a principal licensee, employed licensee or real estate salesperson for more than 12 weeks in any period of 12 months.\n(sec.70-ssec.3) The chief executive may not appoint a substitute licensee for a principal licensee, employed licensee or a substitute real estate salesperson for a real estate salesperson for more than 26 weeks in any period of 12 months.","sortOrder":88},{"sectionNumber":"sec.71","sectionType":"section","heading":"Amendment of licence conditions","content":"### sec.71 Amendment of licence conditions\n\nThe chief executive may amend the conditions of a licence—\non the licensee’s application; or\non the order of QCAT after a disciplinary hearing; or\non the chief executive’s own initiative.\nQCAT may deal with the conditions of a person’s licence under section 186 .\nAn application under subsection (1) (a) must be made in the approved form and be accompanied by the application fee prescribed under a regulation.\nBefore deciding to make an amendment under subsection (1) (a) , the chief executive must be satisfied the licensee meets the requirements the chief executive considers the licensee must meet to be eligible for the amendment.\nBefore deciding to make an amendment under subsection (1) (c) , the chief executive must—\ngive written notice to the licensee—\nof the particulars of the proposed amendment; and\nthat the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and\nhave regard to submissions made to the chief executive by the licensee before the stated day.\nSubsection (4) does not apply if the chief executive decides that the amendment must be made urgently—\nto avoid potential claims against the fund; or\nto ensure compliance with this Act or the Administration Act .\nIf the chief executive decides to amend the conditions of a licence under subsection (1) (c) , the chief executive must give the licensee an information notice about the decision within 14 days after making the decision.\nThe amendment takes effect—\non the day written notice of the amendment is given to the licensee; or\nif a later day is stated in the notice, on the stated day.\nIf the chief executive decides to refuse to make an amendment requested under subsection (1) (a) , the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\n(sec.71-ssec.1) The chief executive may amend the conditions of a licence— on the licensee’s application; or on the order of QCAT after a disciplinary hearing; or on the chief executive’s own initiative. QCAT may deal with the conditions of a person’s licence under section 186 .\n(sec.71-ssec.2) An application under subsection (1) (a) must be made in the approved form and be accompanied by the application fee prescribed under a regulation.\n(sec.71-ssec.3) Before deciding to make an amendment under subsection (1) (a) , the chief executive must be satisfied the licensee meets the requirements the chief executive considers the licensee must meet to be eligible for the amendment.\n(sec.71-ssec.4) Before deciding to make an amendment under subsection (1) (c) , the chief executive must— give written notice to the licensee— of the particulars of the proposed amendment; and that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and have regard to submissions made to the chief executive by the licensee before the stated day.\n(sec.71-ssec.5) Subsection (4) does not apply if the chief executive decides that the amendment must be made urgently— to avoid potential claims against the fund; or to ensure compliance with this Act or the Administration Act .\n(sec.71-ssec.6) If the chief executive decides to amend the conditions of a licence under subsection (1) (c) , the chief executive must give the licensee an information notice about the decision within 14 days after making the decision.\n(sec.71-ssec.7) The amendment takes effect— on the day written notice of the amendment is given to the licensee; or if a later day is stated in the notice, on the stated day.\n(sec.71-ssec.8) If the chief executive decides to refuse to make an amendment requested under subsection (1) (a) , the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\n- (a) on the licensee’s application; or\n- (b) on the order of QCAT after a disciplinary hearing; or\n- (c) on the chief executive’s own initiative.\n- (a) give written notice to the licensee— (i) of the particulars of the proposed amendment; and (ii) that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and\n- (i) of the particulars of the proposed amendment; and\n- (ii) that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and\n- (b) have regard to submissions made to the chief executive by the licensee before the stated day.\n- (i) of the particulars of the proposed amendment; and\n- (ii) that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and\n- (a) to avoid potential claims against the fund; or\n- (b) to ensure compliance with this Act or the Administration Act .\n- (a) on the day written notice of the amendment is given to the licensee; or\n- (b) if a later day is stated in the notice, on the stated day.","sortOrder":89},{"sectionNumber":"sec.72","sectionType":"section","heading":"Return of licence for amendment or replacement","content":"### sec.72 Return of licence for amendment or replacement\n\nThe chief executive may require a licensee to produce the licensee’s licence for amendment or replacement within a stated period of not less than 14 days if the chief executive intends to—\namend the conditions of the licence under section 71 ; or\nreplace the licence under section 81 (5) .\nThe licensee must comply with a requirement under subsection (1) , unless the licensee has a reasonable excuse.\nMaximum penalty—100 penalty units.\n(sec.72-ssec.1) The chief executive may require a licensee to produce the licensee’s licence for amendment or replacement within a stated period of not less than 14 days if the chief executive intends to— amend the conditions of the licence under section 71 ; or replace the licence under section 81 (5) .\n(sec.72-ssec.2) The licensee must comply with a requirement under subsection (1) , unless the licensee has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) amend the conditions of the licence under section 71 ; or\n- (b) replace the licence under section 81 (5) .","sortOrder":90},{"sectionNumber":"sec.73","sectionType":"section","heading":"Return of licence when suspended or cancelled","content":"### sec.73 Return of licence when suspended or cancelled\n\nA person whose licence has been suspended or cancelled must return the licence to the chief executive within 14 days after the suspension or cancellation, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply if section 76 (6) or 77 (2) applies.\n(sec.73-ssec.1) A person whose licence has been suspended or cancelled must return the licence to the chief executive within 14 days after the suspension or cancellation, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.73-ssec.2) Subsection (1) does not apply if section 76 (6) or 77 (2) applies.","sortOrder":91},{"sectionNumber":"sec.74","sectionType":"section","heading":"Surrender of licence","content":"### sec.74 Surrender of licence\n\nA licensee may surrender the licensee’s licence by giving written notice to the chief executive and returning the licence.\nA licence surrendered under this section stops having effect on the day it is surrendered.\n(sec.74-ssec.1) A licensee may surrender the licensee’s licence by giving written notice to the chief executive and returning the licence.\n(sec.74-ssec.2) A licence surrendered under this section stops having effect on the day it is surrendered.","sortOrder":92},{"sectionNumber":"sec.75","sectionType":"section","heading":"Licence may be deactivated","content":"### sec.75 Licence may be deactivated\n\nA licensee may ask the chief executive to deactivate the licensee’s licence.\nA request under subsection (1) must be made in the approved form and be accompanied by the licensee’s licence and the fee prescribed under a regulation.\nThe licence is taken to be deactivated when the request, the licence and the prescribed fee are received by the chief executive under subsection (2) .\nA licence that is deactivated does not authorise the licensee to perform an activity under the authority of the licence.\nThe deactivation of a licence under this section does not—\naffect the term of the licence; or\nentitle the licensee to a refund of fees relating to the licence for the balance of the licence’s term.\nThe holder of a deactivated licence may apply to have the licence renewed under section 58 or restored under section 61 as a deactivated licence at a reduced fee prescribed under a regulation.\nA licensee may ask the chief executive to reactivate the licence.\nHowever, if the licence has been deactivated for 5 years or more, the licence may be reactivated only if the licensee satisfies any educational or other requirements applying under this Act to an applicant for a licence of the type to be reactivated.\nA request under subsection (7) must be made in the approved form and be accompanied by the fee prescribed under a regulation.\n(sec.75-ssec.1) A licensee may ask the chief executive to deactivate the licensee’s licence.\n(sec.75-ssec.2) A request under subsection (1) must be made in the approved form and be accompanied by the licensee’s licence and the fee prescribed under a regulation.\n(sec.75-ssec.3) The licence is taken to be deactivated when the request, the licence and the prescribed fee are received by the chief executive under subsection (2) .\n(sec.75-ssec.4) A licence that is deactivated does not authorise the licensee to perform an activity under the authority of the licence.\n(sec.75-ssec.5) The deactivation of a licence under this section does not— affect the term of the licence; or entitle the licensee to a refund of fees relating to the licence for the balance of the licence’s term.\n(sec.75-ssec.6) The holder of a deactivated licence may apply to have the licence renewed under section 58 or restored under section 61 as a deactivated licence at a reduced fee prescribed under a regulation.\n(sec.75-ssec.7) A licensee may ask the chief executive to reactivate the licence.\n(sec.75-ssec.8) However, if the licence has been deactivated for 5 years or more, the licence may be reactivated only if the licensee satisfies any educational or other requirements applying under this Act to an applicant for a licence of the type to be reactivated.\n(sec.75-ssec.9) A request under subsection (7) must be made in the approved form and be accompanied by the fee prescribed under a regulation.\n- (a) affect the term of the licence; or\n- (b) entitle the licensee to a refund of fees relating to the licence for the balance of the licence’s term.","sortOrder":93},{"sectionNumber":"pt.2-div.14","sectionType":"division","heading":"Immediate suspension and cancellation of licences","content":"## Immediate suspension and cancellation of licences","sortOrder":94},{"sectionNumber":"sec.76","sectionType":"section","heading":"Immediate suspension","content":"### sec.76 Immediate suspension\n\nThis section applies if—\nthe chief executive reasonably considers that a licensee’s licence was obtained, or renewed or restored, because of materially incorrect or misleading information; or\nthe chief executive reasonably considers that an irregularity or deficiency exists in a licensee’s trust account; or\nthe chief executive is satisfied a licensee has failed to file an audit report as required under the Administration Act , section 34 ; or\na receiver is appointed under the Administration Act , section 47 over property—\nheld by a licensee; or\nheld by another person for a licensee; or\nrecoverable by a licensee; or\nthe chief executive reasonably considers that a licensee—\nhas contravened or is contravening this Act or the Administration Act ; or\nhas contravened PAMDA ; or\nis likely or proposing to engage in conduct that would contravene this Act or the Administration Act .\nThe chief executive may, whether or not disciplinary proceedings have been started under this Act—\nsuspend the licensee’s licence; or\nwithout limiting paragraph (a) , for subsection (1) (b) , suspend a licence held by an employee of the licensee if the chief executive considers, on reasonable grounds, the employee is responsible in any way for the irregularity or deficiency in the licensee’s trust account.\nIf the chief executive suspends a licence for a reason mentioned in subsection (1) (a) , (b) , (d) or (e) , the licence may be suspended for the period, of not more than 28 days, and on the conditions, the chief executive decides.\nIf the chief executive suspends the licence for the reason mentioned in subsection (1) (c) , the licence is suspended until whichever of the following happens first—\nthe licensee files the required audit report;\nan application to QCAT for the cancellation of the licence is heard and decided.\nThe chief executive must give the licensee an information notice about the suspension within 14 days after suspending the licensee’s licence.\nThe licensee must return the licence to the chief executive within 14 days after the licensee receives the notice, unless the person has a reasonable excuse.\nMaximum penalty for subsection (6) —100 penalty units.\n(sec.76-ssec.1) This section applies if— the chief executive reasonably considers that a licensee’s licence was obtained, or renewed or restored, because of materially incorrect or misleading information; or the chief executive reasonably considers that an irregularity or deficiency exists in a licensee’s trust account; or the chief executive is satisfied a licensee has failed to file an audit report as required under the Administration Act , section 34 ; or a receiver is appointed under the Administration Act , section 47 over property— held by a licensee; or held by another person for a licensee; or recoverable by a licensee; or the chief executive reasonably considers that a licensee— has contravened or is contravening this Act or the Administration Act ; or has contravened PAMDA ; or is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .\n(sec.76-ssec.2) The chief executive may, whether or not disciplinary proceedings have been started under this Act— suspend the licensee’s licence; or without limiting paragraph (a) , for subsection (1) (b) , suspend a licence held by an employee of the licensee if the chief executive considers, on reasonable grounds, the employee is responsible in any way for the irregularity or deficiency in the licensee’s trust account.\n(sec.76-ssec.3) If the chief executive suspends a licence for a reason mentioned in subsection (1) (a) , (b) , (d) or (e) , the licence may be suspended for the period, of not more than 28 days, and on the conditions, the chief executive decides.\n(sec.76-ssec.4) If the chief executive suspends the licence for the reason mentioned in subsection (1) (c) , the licence is suspended until whichever of the following happens first— the licensee files the required audit report; an application to QCAT for the cancellation of the licence is heard and decided.\n(sec.76-ssec.5) The chief executive must give the licensee an information notice about the suspension within 14 days after suspending the licensee’s licence.\n(sec.76-ssec.6) The licensee must return the licence to the chief executive within 14 days after the licensee receives the notice, unless the person has a reasonable excuse. Maximum penalty for subsection (6) —100 penalty units.\n- (a) the chief executive reasonably considers that a licensee’s licence was obtained, or renewed or restored, because of materially incorrect or misleading information; or\n- (b) the chief executive reasonably considers that an irregularity or deficiency exists in a licensee’s trust account; or\n- (c) the chief executive is satisfied a licensee has failed to file an audit report as required under the Administration Act , section 34 ; or\n- (d) a receiver is appointed under the Administration Act , section 47 over property— (i) held by a licensee; or (ii) held by another person for a licensee; or (iii) recoverable by a licensee; or\n- (i) held by a licensee; or\n- (ii) held by another person for a licensee; or\n- (iii) recoverable by a licensee; or\n- (e) the chief executive reasonably considers that a licensee— (i) has contravened or is contravening this Act or the Administration Act ; or (ii) has contravened PAMDA ; or (iii) is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .\n- (i) has contravened or is contravening this Act or the Administration Act ; or\n- (ii) has contravened PAMDA ; or\n- (iii) is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .\n- (i) held by a licensee; or\n- (ii) held by another person for a licensee; or\n- (iii) recoverable by a licensee; or\n- (i) has contravened or is contravening this Act or the Administration Act ; or\n- (ii) has contravened PAMDA ; or\n- (iii) is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .\n- (a) suspend the licensee’s licence; or\n- (b) without limiting paragraph (a) , for subsection (1) (b) , suspend a licence held by an employee of the licensee if the chief executive considers, on reasonable grounds, the employee is responsible in any way for the irregularity or deficiency in the licensee’s trust account.\n- (a) the licensee files the required audit report;\n- (b) an application to QCAT for the cancellation of the licence is heard and decided.","sortOrder":95},{"sectionNumber":"sec.77","sectionType":"section","heading":"Immediate cancellation","content":"### sec.77 Immediate cancellation\n\nA licensee’s licence is cancelled on the happening of any of the following events—\nthe licensee is convicted of a serious offence;\nif the licensee is an individual, the licensee is an insolvent under administration;\nif the licensee is a corporation, the licensee has been wound up or deregistered under the Corporations Act .\nThe licensee must return the licence to the chief executive within 14 days after the happening of an event mentioned in subsection (1) , unless the licensee has a reasonable excuse.\nMaximum penalty for subsection (2) —100 penalty units.\n(sec.77-ssec.1) A licensee’s licence is cancelled on the happening of any of the following events— the licensee is convicted of a serious offence; if the licensee is an individual, the licensee is an insolvent under administration; if the licensee is a corporation, the licensee has been wound up or deregistered under the Corporations Act .\n(sec.77-ssec.2) The licensee must return the licence to the chief executive within 14 days after the happening of an event mentioned in subsection (1) , unless the licensee has a reasonable excuse. Maximum penalty for subsection (2) —100 penalty units.\n- (a) the licensee is convicted of a serious offence;\n- (b) if the licensee is an individual, the licensee is an insolvent under administration;\n- (c) if the licensee is a corporation, the licensee has been wound up or deregistered under the Corporations Act .","sortOrder":96},{"sectionNumber":"pt.2-div.15","sectionType":"division","heading":"General provisions about licences","content":"## General provisions about licences","sortOrder":97},{"sectionNumber":"sec.78","sectionType":"section","heading":"Form of licence","content":"### sec.78 Form of licence\n\nA licence must be in the approved form.\nHowever, the chief executive may approve—\na form of licence for office display purposes; and\na licence in the form of a certificate that may be framed and displayed in an office\na form of licence for personal identification purposes.\nThe chief executive may also issue a form of licence for a corporation endorsed with the categories of licence issued in the corporation’s name.\nThe licence must contain the following particulars—\nthe name of the licensee;\nthe date of issue of the licence;\nthe expiry date of the licence;\nother particulars prescribed under a regulation.\n(sec.78-ssec.1) A licence must be in the approved form.\n(sec.78-ssec.2) However, the chief executive may approve— a form of licence for office display purposes; and a licence in the form of a certificate that may be framed and displayed in an office a form of licence for personal identification purposes.\n(sec.78-ssec.3) The chief executive may also issue a form of licence for a corporation endorsed with the categories of licence issued in the corporation’s name.\n(sec.78-ssec.4) The licence must contain the following particulars— the name of the licensee; the date of issue of the licence; the expiry date of the licence; other particulars prescribed under a regulation.\n- (a) a form of licence for office display purposes; and Example— a licence in the form of a certificate that may be framed and displayed in an office\n- (b) a form of licence for personal identification purposes.\n- (a) the name of the licensee;\n- (b) the date of issue of the licence;\n- (c) the expiry date of the licence;\n- (d) other particulars prescribed under a regulation.","sortOrder":98},{"sectionNumber":"sec.79","sectionType":"section","heading":"Requirement to keep copy of licence available for inspection","content":"### sec.79 Requirement to keep copy of licence available for inspection\n\nA licensee that is a corporation must keep a copy of the licensee’s licence available for inspection at each place of business of the licensee.\nMaximum penalty—100 penalty units.\nA principal licensee must keep a copy of the principal licensee’s licence available for inspection at each place of business of the principal licensee.\nMaximum penalty—100 penalty units.\nA licensee employed by a principal licensee must keep a copy of the licensee’s licence available for inspection at each place of business where the licensee is employed as an employed licensee.\nMaximum penalty—100 penalty units.\n(sec.79-ssec.1) A licensee that is a corporation must keep a copy of the licensee’s licence available for inspection at each place of business of the licensee. Maximum penalty—100 penalty units.\n(sec.79-ssec.2) A principal licensee must keep a copy of the principal licensee’s licence available for inspection at each place of business of the principal licensee. Maximum penalty—100 penalty units.\n(sec.79-ssec.3) A licensee employed by a principal licensee must keep a copy of the licensee’s licence available for inspection at each place of business where the licensee is employed as an employed licensee. Maximum penalty—100 penalty units.","sortOrder":99},{"sectionNumber":"sec.80","sectionType":"section","heading":"Term of licence","content":"### sec.80 Term of licence\n\nA licence may be issued for a 1-year or 3-year term.\nHowever, a regulation may prescribe the circumstances under which a licence may be issued or renewed for a shorter term.\nA licence may be issued for a shorter term to ensure multiple licences held by the same person expire on the same day.\n(sec.80-ssec.1) A licence may be issued for a 1-year or 3-year term.\n(sec.80-ssec.2) However, a regulation may prescribe the circumstances under which a licence may be issued or renewed for a shorter term. A licence may be issued for a shorter term to ensure multiple licences held by the same person expire on the same day.","sortOrder":100},{"sectionNumber":"sec.81","sectionType":"section","heading":"Replacement licences","content":"### sec.81 Replacement licences\n\nA licensee may apply to the chief executive for the replacement of a lost, stolen, destroyed or damaged licence.\nThe application must be made in the approved form.\nThe chief executive must grant the application if the chief executive is satisfied the licence has been lost, stolen, destroyed or damaged in a way to require its replacement.\nIf the chief executive grants the application, the chief executive must issue another licence to the applicant to replace the lost, stolen, destroyed or damaged licence.\nThe chief executive may also replace a licence if—\neither—\nthe licensee has given written notice to the chief executive of a prescribed change under section 83 ; or\nthe chief executive reasonably believes a prescribed change for the licensee has happened; and\nthe chief executive is satisfied the prescribed change requires a replacement of the licence.\nIf the chief executive replaces a licence under this section—\nthe licence continues to be subject to the same conditions and term to which the licence was subject before being replaced; and\nthe holder of the licence must pay the chief executive the fee prescribed under a regulation.\n(sec.81-ssec.1) A licensee may apply to the chief executive for the replacement of a lost, stolen, destroyed or damaged licence.\n(sec.81-ssec.2) The application must be made in the approved form.\n(sec.81-ssec.3) The chief executive must grant the application if the chief executive is satisfied the licence has been lost, stolen, destroyed or damaged in a way to require its replacement.\n(sec.81-ssec.4) If the chief executive grants the application, the chief executive must issue another licence to the applicant to replace the lost, stolen, destroyed or damaged licence.\n(sec.81-ssec.5) The chief executive may also replace a licence if— either— the licensee has given written notice to the chief executive of a prescribed change under section 83 ; or the chief executive reasonably believes a prescribed change for the licensee has happened; and the chief executive is satisfied the prescribed change requires a replacement of the licence.\n(sec.81-ssec.6) If the chief executive replaces a licence under this section— the licence continues to be subject to the same conditions and term to which the licence was subject before being replaced; and the holder of the licence must pay the chief executive the fee prescribed under a regulation.\n- (a) either— (i) the licensee has given written notice to the chief executive of a prescribed change under section 83 ; or (ii) the chief executive reasonably believes a prescribed change for the licensee has happened; and\n- (i) the licensee has given written notice to the chief executive of a prescribed change under section 83 ; or\n- (ii) the chief executive reasonably believes a prescribed change for the licensee has happened; and\n- (b) the chief executive is satisfied the prescribed change requires a replacement of the licence.\n- (i) the licensee has given written notice to the chief executive of a prescribed change under section 83 ; or\n- (ii) the chief executive reasonably believes a prescribed change for the licensee has happened; and\n- (a) the licence continues to be subject to the same conditions and term to which the licence was subject before being replaced; and\n- (b) the holder of the licence must pay the chief executive the fee prescribed under a regulation.","sortOrder":101},{"sectionNumber":"sec.82","sectionType":"section","heading":"Register of licences","content":"### sec.82 Register of licences\n\nThe chief executive must keep a register of licences and applications for licences ( licence register ).\nThe licence register must contain the following particulars—\nfor each applicant for a licence—\nthe applicant’s name; and\nif the applicant intends to carry on business under the licence, the place where the applicant intends to carry on business; and\nthe category of licence applied for; and\nthe date of the application; and\nthe application number;\nfor each licensee—\nthe licensee’s name; and\nthe licensee’s registered office; and\nthe category of the licensee’s licence; and\nthe dates of issue and expiry of the licensee’s current licence; and\nany conditions imposed on the licence; and\nif the licensee is a corporation, the name of the individual in charge of the licensee’s business at the licensee’s registered office; and\nif the licensee is a director of a licensed corporation, the name of the licensed corporation; and\nif the licensee is an employee of another licensee, the name of the licensee’s employer; and\nthe licensee’s licence number; and\nparticulars of any surrender, suspension or cancellation of the licensee’s licence.\nA person may, on payment of the fee prescribed under a regulation, inspect, or get a copy of details in, the part of the register containing the particulars mentioned in subsection (2) —\nat a place or places decided by the chief executive; or\nby using a computer.\nA person may pay the fee, in advance or in arrears, under an arrangement approved by the chief executive.\nThe register may be kept in any way the chief executive considers appropriate.\nIn this section—\ncontain includes record and store.\n(sec.82-ssec.1) The chief executive must keep a register of licences and applications for licences ( licence register ).\n(sec.82-ssec.2) The licence register must contain the following particulars— for each applicant for a licence— the applicant’s name; and if the applicant intends to carry on business under the licence, the place where the applicant intends to carry on business; and the category of licence applied for; and the date of the application; and the application number; for each licensee— the licensee’s name; and the licensee’s registered office; and the category of the licensee’s licence; and the dates of issue and expiry of the licensee’s current licence; and any conditions imposed on the licence; and if the licensee is a corporation, the name of the individual in charge of the licensee’s business at the licensee’s registered office; and if the licensee is a director of a licensed corporation, the name of the licensed corporation; and if the licensee is an employee of another licensee, the name of the licensee’s employer; and the licensee’s licence number; and particulars of any surrender, suspension or cancellation of the licensee’s licence.\n(sec.82-ssec.3) A person may, on payment of the fee prescribed under a regulation, inspect, or get a copy of details in, the part of the register containing the particulars mentioned in subsection (2) — at a place or places decided by the chief executive; or by using a computer.\n(sec.82-ssec.4) A person may pay the fee, in advance or in arrears, under an arrangement approved by the chief executive.\n(sec.82-ssec.5) The register may be kept in any way the chief executive considers appropriate.\n(sec.82-ssec.6) In this section— contain includes record and store.\n- (a) for each applicant for a licence— (i) the applicant’s name; and (ii) if the applicant intends to carry on business under the licence, the place where the applicant intends to carry on business; and (iii) the category of licence applied for; and (iv) the date of the application; and (v) the application number;\n- (i) the applicant’s name; and\n- (ii) if the applicant intends to carry on business under the licence, the place where the applicant intends to carry on business; and\n- (iii) the category of licence applied for; and\n- (iv) the date of the application; and\n- (v) the application number;\n- (b) for each licensee— (i) the licensee’s name; and (ii) the licensee’s registered office; and (iii) the category of the licensee’s licence; and (iv) the dates of issue and expiry of the licensee’s current licence; and (v) any conditions imposed on the licence; and (vi) if the licensee is a corporation, the name of the individual in charge of the licensee’s business at the licensee’s registered office; and (vii) if the licensee is a director of a licensed corporation, the name of the licensed corporation; and (viii) if the licensee is an employee of another licensee, the name of the licensee’s employer; and (ix) the licensee’s licence number; and (x) particulars of any surrender, suspension or cancellation of the licensee’s licence.\n- (i) the licensee’s name; and\n- (ii) the licensee’s registered office; and\n- (iii) the category of the licensee’s licence; and\n- (iv) the dates of issue and expiry of the licensee’s current licence; and\n- (v) any conditions imposed on the licence; and\n- (vi) if the licensee is a corporation, the name of the individual in charge of the licensee’s business at the licensee’s registered office; and\n- (vii) if the licensee is a director of a licensed corporation, the name of the licensed corporation; and\n- (viii) if the licensee is an employee of another licensee, the name of the licensee’s employer; and\n- (ix) the licensee’s licence number; and\n- (x) particulars of any surrender, suspension or cancellation of the licensee’s licence.\n- (i) the applicant’s name; and\n- (ii) if the applicant intends to carry on business under the licence, the place where the applicant intends to carry on business; and\n- (iii) the category of licence applied for; and\n- (iv) the date of the application; and\n- (v) the application number;\n- (i) the licensee’s name; and\n- (ii) the licensee’s registered office; and\n- (iii) the category of the licensee’s licence; and\n- (iv) the dates of issue and expiry of the licensee’s current licence; and\n- (v) any conditions imposed on the licence; and\n- (vi) if the licensee is a corporation, the name of the individual in charge of the licensee’s business at the licensee’s registered office; and\n- (vii) if the licensee is a director of a licensed corporation, the name of the licensed corporation; and\n- (viii) if the licensee is an employee of another licensee, the name of the licensee’s employer; and\n- (ix) the licensee’s licence number; and\n- (x) particulars of any surrender, suspension or cancellation of the licensee’s licence.\n- (a) at a place or places decided by the chief executive; or\n- (b) by using a computer.","sortOrder":102},{"sectionNumber":"sec.83","sectionType":"section","heading":"Licensees to notify chief executive of changes in circumstances","content":"### sec.83 Licensees to notify chief executive of changes in circumstances\n\nA licensee must give written notice to the chief executive of a prescribed change in the licensee’s circumstances within 14 days after the change.\nMaximum penalty—100 penalty units.\nIn this section—\nprescribed change means a change prescribed under a regulation.\n(sec.83-ssec.1) A licensee must give written notice to the chief executive of a prescribed change in the licensee’s circumstances within 14 days after the change. Maximum penalty—100 penalty units.\n(sec.83-ssec.2) In this section— prescribed change means a change prescribed under a regulation.","sortOrder":103},{"sectionNumber":"pt.3","sectionType":"part","heading":"Property agents and resident letting agents generally","content":"# Property agents and resident letting agents generally","sortOrder":104},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Conduct provisions","content":"## Conduct provisions","sortOrder":105},{"sectionNumber":"sec.84","sectionType":"section","heading":"Who must be in charge of a property agent’s business at a place","content":"### sec.84 Who must be in charge of a property agent’s business at a place\n\nA property agent who is an individual and a principal licensee must—\nbe in charge of the agent’s business at the agent’s registered office; and\nif the property agent has more than 1 place of business—ensure the following at each other place of business—\nfor a place of business that is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the agent’s business at the place of business; or\nfor a place of business that is not a resident letting agency—\nif the agent is an auctioneer—an auctioneer who is an individual is in charge of the auctioneer’s business at the place of business; or\nif the agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to conditions, is in charge of the agent’s real estate agency business at the place of business.\nMaximum penalty—200 penalty units.\nA property agent that is a corporation and a principal licensee (a corporate agent ) must—\nensure—\nif the corporate agent is an auctioneer—the individual in charge of the corporate agent’s auctioneer business at its registered office is an auctioneer; or\nif the corporate agent is a real estate agent—the individual in charge of the corporate agent’s real estate agency business at its registered office is a real estate agent; and\nif the corporate agent has more than 1 place of business—ensure the following at each other place of business—\nthat is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the corporate agent’s business at the place of business;\nthat is not a resident letting agency—\nif the corporate agent is an auctioneer—an auctioneer who is an individual is in charge of the corporate agent’s auctioneer business at the place of business; or\nif the corporate agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to any conditions, is in charge of the corporate agent’s real estate agency business at the place of business.\nMaximum penalty—\nfor an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or\nfor a corporation—1,000 penalty units.\nAn individual must not be in charge of a property agent’s business at more than 1 place.\nMaximum penalty—200 penalty units.\nIt is not an offence against subsection (1) or (2) for a property agent who is an individual to be in charge of more than 1 place of business if each place of business is on land contiguous to land on which the other place of business is located.\nFor subsection (4) , land is contiguous with other land only if the parcels of land have a common boundary that is not separated by a public road.\nIn this section—\nresident letting agency means a place of business at which the only business carried on is the business of a resident letting agent.\n(sec.84-ssec.1) A property agent who is an individual and a principal licensee must— be in charge of the agent’s business at the agent’s registered office; and if the property agent has more than 1 place of business—ensure the following at each other place of business— for a place of business that is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the agent’s business at the place of business; or for a place of business that is not a resident letting agency— if the agent is an auctioneer—an auctioneer who is an individual is in charge of the auctioneer’s business at the place of business; or if the agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to conditions, is in charge of the agent’s real estate agency business at the place of business. Maximum penalty—200 penalty units.\n(sec.84-ssec.2) A property agent that is a corporation and a principal licensee (a corporate agent ) must— ensure— if the corporate agent is an auctioneer—the individual in charge of the corporate agent’s auctioneer business at its registered office is an auctioneer; or if the corporate agent is a real estate agent—the individual in charge of the corporate agent’s real estate agency business at its registered office is a real estate agent; and if the corporate agent has more than 1 place of business—ensure the following at each other place of business— that is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the corporate agent’s business at the place of business; that is not a resident letting agency— if the corporate agent is an auctioneer—an auctioneer who is an individual is in charge of the corporate agent’s auctioneer business at the place of business; or if the corporate agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to any conditions, is in charge of the corporate agent’s real estate agency business at the place of business. Maximum penalty— for an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or for a corporation—1,000 penalty units.\n(sec.84-ssec.3) An individual must not be in charge of a property agent’s business at more than 1 place. Maximum penalty—200 penalty units.\n(sec.84-ssec.4) It is not an offence against subsection (1) or (2) for a property agent who is an individual to be in charge of more than 1 place of business if each place of business is on land contiguous to land on which the other place of business is located.\n(sec.84-ssec.5) For subsection (4) , land is contiguous with other land only if the parcels of land have a common boundary that is not separated by a public road.\n(sec.84-ssec.6) In this section— resident letting agency means a place of business at which the only business carried on is the business of a resident letting agent.\n- (a) be in charge of the agent’s business at the agent’s registered office; and\n- (b) if the property agent has more than 1 place of business—ensure the following at each other place of business— (i) for a place of business that is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the agent’s business at the place of business; or (ii) for a place of business that is not a resident letting agency— (A) if the agent is an auctioneer—an auctioneer who is an individual is in charge of the auctioneer’s business at the place of business; or (B) if the agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to conditions, is in charge of the agent’s real estate agency business at the place of business.\n- (i) for a place of business that is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the agent’s business at the place of business; or\n- (ii) for a place of business that is not a resident letting agency— (A) if the agent is an auctioneer—an auctioneer who is an individual is in charge of the auctioneer’s business at the place of business; or (B) if the agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to conditions, is in charge of the agent’s real estate agency business at the place of business.\n- (A) if the agent is an auctioneer—an auctioneer who is an individual is in charge of the auctioneer’s business at the place of business; or\n- (B) if the agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to conditions, is in charge of the agent’s real estate agency business at the place of business.\n- (i) for a place of business that is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the agent’s business at the place of business; or\n- (ii) for a place of business that is not a resident letting agency— (A) if the agent is an auctioneer—an auctioneer who is an individual is in charge of the auctioneer’s business at the place of business; or (B) if the agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to conditions, is in charge of the agent’s real estate agency business at the place of business.\n- (A) if the agent is an auctioneer—an auctioneer who is an individual is in charge of the auctioneer’s business at the place of business; or\n- (B) if the agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to conditions, is in charge of the agent’s real estate agency business at the place of business.\n- (A) if the agent is an auctioneer—an auctioneer who is an individual is in charge of the auctioneer’s business at the place of business; or\n- (B) if the agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to conditions, is in charge of the agent’s real estate agency business at the place of business.\n- (a) ensure— (i) if the corporate agent is an auctioneer—the individual in charge of the corporate agent’s auctioneer business at its registered office is an auctioneer; or (ii) if the corporate agent is a real estate agent—the individual in charge of the corporate agent’s real estate agency business at its registered office is a real estate agent; and\n- (i) if the corporate agent is an auctioneer—the individual in charge of the corporate agent’s auctioneer business at its registered office is an auctioneer; or\n- (ii) if the corporate agent is a real estate agent—the individual in charge of the corporate agent’s real estate agency business at its registered office is a real estate agent; and\n- (b) if the corporate agent has more than 1 place of business—ensure the following at each other place of business— (i) that is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the corporate agent’s business at the place of business; (ii) that is not a resident letting agency— (A) if the corporate agent is an auctioneer—an auctioneer who is an individual is in charge of the corporate agent’s auctioneer business at the place of business; or (B) if the corporate agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to any conditions, is in charge of the corporate agent’s real estate agency business at the place of business.\n- (i) that is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the corporate agent’s business at the place of business;\n- (ii) that is not a resident letting agency— (A) if the corporate agent is an auctioneer—an auctioneer who is an individual is in charge of the corporate agent’s auctioneer business at the place of business; or (B) if the corporate agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to any conditions, is in charge of the corporate agent’s real estate agency business at the place of business.\n- (A) if the corporate agent is an auctioneer—an auctioneer who is an individual is in charge of the corporate agent’s auctioneer business at the place of business; or\n- (B) if the corporate agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to any conditions, is in charge of the corporate agent’s real estate agency business at the place of business.\n- (i) if the corporate agent is an auctioneer—the individual in charge of the corporate agent’s auctioneer business at its registered office is an auctioneer; or\n- (ii) if the corporate agent is a real estate agent—the individual in charge of the corporate agent’s real estate agency business at its registered office is a real estate agent; and\n- (i) that is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the corporate agent’s business at the place of business;\n- (ii) that is not a resident letting agency— (A) if the corporate agent is an auctioneer—an auctioneer who is an individual is in charge of the corporate agent’s auctioneer business at the place of business; or (B) if the corporate agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to any conditions, is in charge of the corporate agent’s real estate agency business at the place of business.\n- (A) if the corporate agent is an auctioneer—an auctioneer who is an individual is in charge of the corporate agent’s auctioneer business at the place of business; or\n- (B) if the corporate agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to any conditions, is in charge of the corporate agent’s real estate agency business at the place of business.\n- (A) if the corporate agent is an auctioneer—an auctioneer who is an individual is in charge of the corporate agent’s auctioneer business at the place of business; or\n- (B) if the corporate agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to any conditions, is in charge of the corporate agent’s real estate agency business at the place of business.\n- (a) for an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or\n- (b) for a corporation—1,000 penalty units.","sortOrder":106},{"sectionNumber":"sec.85","sectionType":"section","heading":"Who must be in charge of a resident letting agent’s business at a place","content":"### sec.85 Who must be in charge of a resident letting agent’s business at a place\n\nA resident letting agent who is an individual and a principal licensee must be in charge of the agent’s business at the agent’s registered office.\nMaximum penalty—200 penalty units.\nA resident letting agent that is a corporation must ensure the individual in charge of the agent’s business at the agent’s registered office is a resident letting agent or real estate agent.\nMaximum penalty—\nfor an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or\nfor a corporation—1,000 penalty units.\nIf a resident letting agent who is an individual and a principal licensee has more than 1 place of business, the resident letting agent must ensure another individual who is a resident letting agent or real estate agent is in charge of the agent’s business at each place of business.\nMaximum penalty—200 penalty units.\nIf a resident letting agent that is a corporation has more than 1 place of business, the resident letting agent must ensure an individual who is a resident letting agent or real estate agent is in charge of the agent’s business at each place of business.\nMaximum penalty—\nfor an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or\nfor a corporation—1,000 penalty units.\nAn individual must not be in charge of a resident letting agent’s business at more than 1 place of business.\nMaximum penalty—200 penalty units.\nIt is not an offence against subsection (5) for an individual who is a resident letting agent or real estate agent to be in charge of more than 1 place of business if each place of business is on land contiguous to land on which the other place of business is located.\nFor subsection (6) , land is contiguous with other land only if the parcels of land have a common boundary that is not separated by a public road.\n(sec.85-ssec.1) A resident letting agent who is an individual and a principal licensee must be in charge of the agent’s business at the agent’s registered office. Maximum penalty—200 penalty units.\n(sec.85-ssec.2) A resident letting agent that is a corporation must ensure the individual in charge of the agent’s business at the agent’s registered office is a resident letting agent or real estate agent. Maximum penalty— for an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or for a corporation—1,000 penalty units.\n(sec.85-ssec.3) If a resident letting agent who is an individual and a principal licensee has more than 1 place of business, the resident letting agent must ensure another individual who is a resident letting agent or real estate agent is in charge of the agent’s business at each place of business. Maximum penalty—200 penalty units.\n(sec.85-ssec.4) If a resident letting agent that is a corporation has more than 1 place of business, the resident letting agent must ensure an individual who is a resident letting agent or real estate agent is in charge of the agent’s business at each place of business. Maximum penalty— for an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or for a corporation—1,000 penalty units.\n(sec.85-ssec.5) An individual must not be in charge of a resident letting agent’s business at more than 1 place of business. Maximum penalty—200 penalty units.\n(sec.85-ssec.6) It is not an offence against subsection (5) for an individual who is a resident letting agent or real estate agent to be in charge of more than 1 place of business if each place of business is on land contiguous to land on which the other place of business is located.\n(sec.85-ssec.7) For subsection (6) , land is contiguous with other land only if the parcels of land have a common boundary that is not separated by a public road.\n- (a) for an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or\n- (b) for a corporation—1,000 penalty units.\n- (a) for an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or\n- (b) for a corporation—1,000 penalty units.","sortOrder":107},{"sectionNumber":"sec.86","sectionType":"section","heading":"Resident letting agent’s registered office to be in particular building complex","content":"### sec.86 Resident letting agent’s registered office to be in particular building complex\n\nIf a resident letting agent has body corporate approval to manage 1 building complex, the agent must ensure the agent’s registered office is in the building complex.\nMaximum penalty—200 penalty units.\nIf a resident letting agent has body corporate approval to manage at least 2 building complexes, the agent must ensure the agent’s registered office is in 1 of the building complexes.\nMaximum penalty—200 penalty units.\n(sec.86-ssec.1) If a resident letting agent has body corporate approval to manage 1 building complex, the agent must ensure the agent’s registered office is in the building complex. Maximum penalty—200 penalty units.\n(sec.86-ssec.2) If a resident letting agent has body corporate approval to manage at least 2 building complexes, the agent must ensure the agent’s registered office is in 1 of the building complexes. Maximum penalty—200 penalty units.","sortOrder":108},{"sectionNumber":"sec.87","sectionType":"section","heading":"Responsibility for acts and omissions of salespersons","content":"### sec.87 Responsibility for acts and omissions of salespersons\n\nA real estate agent who is a principal licensee must take reasonable steps to ensure each real estate salesperson employed by the agent is properly supervised and complies with this Act.\nA real estate agent who is an employed licensee in charge of a licensee’s business at a place of business must take reasonable steps to ensure each real estate salesperson employed at the place is properly supervised and complies with this Act.\nA real estate agent who fails to comply with subsection (1) or (2) is liable to disciplinary action under part 9 .\n(sec.87-ssec.1) A real estate agent who is a principal licensee must take reasonable steps to ensure each real estate salesperson employed by the agent is properly supervised and complies with this Act.\n(sec.87-ssec.2) A real estate agent who is an employed licensee in charge of a licensee’s business at a place of business must take reasonable steps to ensure each real estate salesperson employed at the place is properly supervised and complies with this Act.\n(sec.87-ssec.3) A real estate agent who fails to comply with subsection (1) or (2) is liable to disciplinary action under part 9 .","sortOrder":109},{"sectionNumber":"sec.88","sectionType":"section","heading":"Commission may be claimed only for actual amounts","content":"### sec.88 Commission may be claimed only for actual amounts\n\nThis section applies to—\na property agent who performs, for the payment of a commission, a service of selling or letting property or collecting rents; or\na resident letting agent who performs, for the payment of a commission, a service of letting lots or collecting rents.\nThe property agent or resident letting agent must not claim commission worked out on an amount more than the actual sale price of the property, the actual rental for the property being let or the actual amount of rent collected.\nMaximum penalty—200 penalty units.\n(sec.88-ssec.1) This section applies to— a property agent who performs, for the payment of a commission, a service of selling or letting property or collecting rents; or a resident letting agent who performs, for the payment of a commission, a service of letting lots or collecting rents.\n(sec.88-ssec.2) The property agent or resident letting agent must not claim commission worked out on an amount more than the actual sale price of the property, the actual rental for the property being let or the actual amount of rent collected. Maximum penalty—200 penalty units.\n- (a) a property agent who performs, for the payment of a commission, a service of selling or letting property or collecting rents; or\n- (b) a resident letting agent who performs, for the payment of a commission, a service of letting lots or collecting rents.","sortOrder":110},{"sectionNumber":"sec.89","sectionType":"section","heading":"Restriction on recovery of reward or expense—no proper authorisation etc.","content":"### sec.89 Restriction on recovery of reward or expense—no proper authorisation etc.\n\nA person is not entitled to sue for, recover or keep a reward or expense for the performance of an activity as a property agent or resident letting agent unless, at the time the activity was performed, the person—\neither—\nif the person performed an activity as a property agent—held a property agent licence; or\nif the person performed an activity as a resident letting agent—held a resident letting agent licence; and\nwas authorised under the person’s licence to perform the activity; and\nwas properly appointed under part 4 by the person to be charged with the reward or expense.\nA person who sues for, recovers or keeps a reward or expense for the performance of an activity as a property agent or resident letting agent other than as provided by subsection (1) commits an offence.\nMaximum penalty for subsection (2) —200 penalty units.\n(sec.89-ssec.1) A person is not entitled to sue for, recover or keep a reward or expense for the performance of an activity as a property agent or resident letting agent unless, at the time the activity was performed, the person— either— if the person performed an activity as a property agent—held a property agent licence; or if the person performed an activity as a resident letting agent—held a resident letting agent licence; and was authorised under the person’s licence to perform the activity; and was properly appointed under part 4 by the person to be charged with the reward or expense.\n(sec.89-ssec.2) A person who sues for, recovers or keeps a reward or expense for the performance of an activity as a property agent or resident letting agent other than as provided by subsection (1) commits an offence. Maximum penalty for subsection (2) —200 penalty units.\n- (a) either— (i) if the person performed an activity as a property agent—held a property agent licence; or (ii) if the person performed an activity as a resident letting agent—held a resident letting agent licence; and\n- (i) if the person performed an activity as a property agent—held a property agent licence; or\n- (ii) if the person performed an activity as a resident letting agent—held a resident letting agent licence; and\n- (b) was authorised under the person’s licence to perform the activity; and\n- (c) was properly appointed under part 4 by the person to be charged with the reward or expense.\n- (i) if the person performed an activity as a property agent—held a property agent licence; or\n- (ii) if the person performed an activity as a resident letting agent—held a resident letting agent licence; and","sortOrder":111},{"sectionNumber":"sec.90","sectionType":"section","heading":"Restriction on recovery of reward or expense above amount allowed","content":"### sec.90 Restriction on recovery of reward or expense above amount allowed\n\nA person is not entitled to sue for, recover or keep a reward for the performance of an activity as a property agent or resident letting agent that is more than the amount of the reward stated in the appointment given to the person under section 102 .\nA person is not entitled to sue for, recover or keep expenses for the performance of an activity as a property agent or resident letting agent that are more than the amount of the expenses stated in the appointment given to the person under section 102 and actually expended.\nA person who sues for, or recovers or keeps a reward or expense for the performance of an activity as a property agent or resident letting agent, other than as provided by this section, commits an offence.\nMaximum penalty—200 penalty units.\nIn this section—\nactually expended , for expenses, means the amount actually expended after deducting—\nthe amount of any benefit, received or receivable, directly or indirectly, in connection with the expenses by the person seeking to sue for, recover or retain the expenses; or\nif the benefit has no fixed amount—the market value of the benefit.\n(sec.90-ssec.1) A person is not entitled to sue for, recover or keep a reward for the performance of an activity as a property agent or resident letting agent that is more than the amount of the reward stated in the appointment given to the person under section 102 .\n(sec.90-ssec.2) A person is not entitled to sue for, recover or keep expenses for the performance of an activity as a property agent or resident letting agent that are more than the amount of the expenses stated in the appointment given to the person under section 102 and actually expended.\n(sec.90-ssec.3) A person who sues for, or recovers or keeps a reward or expense for the performance of an activity as a property agent or resident letting agent, other than as provided by this section, commits an offence. Maximum penalty—200 penalty units.\n(sec.90-ssec.4) In this section— actually expended , for expenses, means the amount actually expended after deducting— the amount of any benefit, received or receivable, directly or indirectly, in connection with the expenses by the person seeking to sue for, recover or retain the expenses; or if the benefit has no fixed amount—the market value of the benefit.\n- (a) the amount of any benefit, received or receivable, directly or indirectly, in connection with the expenses by the person seeking to sue for, recover or retain the expenses; or\n- (b) if the benefit has no fixed amount—the market value of the benefit.","sortOrder":112},{"sectionNumber":"sec.91","sectionType":"section","heading":"Excess commission etc. to be repaid","content":"### sec.91 Excess commission etc. to be repaid\n\nThis section applies if—\na person is convicted of an offence against section 88 (2) , 89 (2) or 90 (3) ; and\nthe court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or retained from someone ( client ) for whom the person performed an activity an amount to which the person was not entitled.\nThe court must order the person to pay the amount to the client.\nThe order must be made whether or not any penalty is imposed on the conviction.\nThe client may file the order in a court having jurisdiction for the recovery of a debt of an equal amount and the order may be enforced as if it were a judgment of the court.\n(sec.91-ssec.1) This section applies if— a person is convicted of an offence against section 88 (2) , 89 (2) or 90 (3) ; and the court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or retained from someone ( client ) for whom the person performed an activity an amount to which the person was not entitled.\n(sec.91-ssec.2) The court must order the person to pay the amount to the client.\n(sec.91-ssec.3) The order must be made whether or not any penalty is imposed on the conviction.\n(sec.91-ssec.4) The client may file the order in a court having jurisdiction for the recovery of a debt of an equal amount and the order may be enforced as if it were a judgment of the court.\n- (a) a person is convicted of an offence against section 88 (2) , 89 (2) or 90 (3) ; and\n- (b) the court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or retained from someone ( client ) for whom the person performed an activity an amount to which the person was not entitled.","sortOrder":113},{"sectionNumber":"sec.92","sectionType":"section","heading":"Buyer’s premium","content":"### sec.92 Buyer’s premium\n\nThis section applies to an auction of goods by an auctioneer.\nAn auctioneer must not charge the buyer of the goods a buyer’s premium unless—\nthe auctioneer—\nbefore the auction, obtains the written consent of the owner of the goods; and\ndiscloses, in the way prescribed under a regulation, that a buyer’s premium is payable on the purchase of the goods; and\nthe premium is not more than the amount prescribed or worked out under a regulation.\nMaximum penalty—200 penalty units.\nThe auctioneer does not act for the buyer of the goods only because the agent accepts a buyer’s premium from the buyer.\nIn this section—\nbuyer’s premium means an amount payable to an auctioneer by a buyer on the purchase of goods.\nowner , of goods, includes a person who is lawfully entitled to sell the goods.\n(sec.92-ssec.1) This section applies to an auction of goods by an auctioneer.\n(sec.92-ssec.2) An auctioneer must not charge the buyer of the goods a buyer’s premium unless— the auctioneer— before the auction, obtains the written consent of the owner of the goods; and discloses, in the way prescribed under a regulation, that a buyer’s premium is payable on the purchase of the goods; and the premium is not more than the amount prescribed or worked out under a regulation. Maximum penalty—200 penalty units.\n(sec.92-ssec.3) The auctioneer does not act for the buyer of the goods only because the agent accepts a buyer’s premium from the buyer.\n(sec.92-ssec.4) In this section— buyer’s premium means an amount payable to an auctioneer by a buyer on the purchase of goods. owner , of goods, includes a person who is lawfully entitled to sell the goods.\n- (a) the auctioneer— (i) before the auction, obtains the written consent of the owner of the goods; and (ii) discloses, in the way prescribed under a regulation, that a buyer’s premium is payable on the purchase of the goods; and\n- (i) before the auction, obtains the written consent of the owner of the goods; and\n- (ii) discloses, in the way prescribed under a regulation, that a buyer’s premium is payable on the purchase of the goods; and\n- (b) the premium is not more than the amount prescribed or worked out under a regulation.\n- (i) before the auction, obtains the written consent of the owner of the goods; and\n- (ii) discloses, in the way prescribed under a regulation, that a buyer’s premium is payable on the purchase of the goods; and","sortOrder":114},{"sectionNumber":"pt.3-div.1A","sectionType":"division","heading":"Continuing professional development","content":"## Continuing professional development","sortOrder":115},{"sectionNumber":"sec.92A","sectionType":"section","heading":"Definitions for division","content":"### sec.92A Definitions for division\n\nIn this division—\nCPD requirements , for a licensee, means the continuing professional development requirements for the licensee approved by the chief executive under section 92D .\nCPD year , for a licence, means—\na period of 12 months ending on the day before an anniversary of the date the licence was first issued; or\na period approved by the chief executive under section 92E .\ns 92A ins 2024 No. 27 s 112\n- (a) a period of 12 months ending on the day before an anniversary of the date the licence was first issued; or\n- (b) a period approved by the chief executive under section 92E .","sortOrder":116},{"sectionNumber":"sec.92B","sectionType":"section","heading":"Licensees to complete CPD requirements","content":"### sec.92B Licensees to complete CPD requirements\n\nA licensee who is an individual must complete the CPD requirements for each CPD year for the licensee’s licence.\nAn auctioneer’s 3-year licence is issued on 1 September 2025. Under subsection (2) (a) , the auctioneer is not required to complete the CPD requirements for the CPD year between 1 September 2025 and 31 August 2026. Under this subsection, the auctioneer is required to complete the CPD requirements for the CPD year between 1 September 2026 and 31 August 2027 and for the CPD year between 1 September 2027 and 31 August 2028 (and for later CPD years if the licence is renewed).\nSubsection (1) does not apply to—\na licensee for the first CPD year that the licensee holds their licence; or\na licensee for a CPD year in which the licensee’s licence is deactivated for the majority of the year; or\na licensee in relation to a limited property agent licence issued to the licensee under section 28 ; or\na licensee who is an entity mentioned in part 2 , division 9 , subdivision 3 .\nIf a licensee holds more than 1 authority, subsection (1) applies to the licensee only—\nif the authority with the earliest date of original issue is a licence; and\nif the licensee holds more than 1 licence—in relation to the licence that has the earliest date of issue.\nIn this section—\nauthority means a licence or a registration certificate.\ndate of original issue , of an authority, means the date on which the authority was first issued (before any subsequent renewal or restoration of the authority).\ns 92B ins 2024 No. 27 s 112\n(sec.92B-ssec.1) A licensee who is an individual must complete the CPD requirements for each CPD year for the licensee’s licence. An auctioneer’s 3-year licence is issued on 1 September 2025. Under subsection (2) (a) , the auctioneer is not required to complete the CPD requirements for the CPD year between 1 September 2025 and 31 August 2026. Under this subsection, the auctioneer is required to complete the CPD requirements for the CPD year between 1 September 2026 and 31 August 2027 and for the CPD year between 1 September 2027 and 31 August 2028 (and for later CPD years if the licence is renewed).\n(sec.92B-ssec.2) Subsection (1) does not apply to— a licensee for the first CPD year that the licensee holds their licence; or a licensee for a CPD year in which the licensee’s licence is deactivated for the majority of the year; or a licensee in relation to a limited property agent licence issued to the licensee under section 28 ; or a licensee who is an entity mentioned in part 2 , division 9 , subdivision 3 .\n(sec.92B-ssec.3) If a licensee holds more than 1 authority, subsection (1) applies to the licensee only— if the authority with the earliest date of original issue is a licence; and if the licensee holds more than 1 licence—in relation to the licence that has the earliest date of issue.\n(sec.92B-ssec.4) In this section— authority means a licence or a registration certificate. date of original issue , of an authority, means the date on which the authority was first issued (before any subsequent renewal or restoration of the authority).\n- (a) a licensee for the first CPD year that the licensee holds their licence; or\n- (b) a licensee for a CPD year in which the licensee’s licence is deactivated for the majority of the year; or\n- (c) a licensee in relation to a limited property agent licence issued to the licensee under section 28 ; or\n- (d) a licensee who is an entity mentioned in part 2 , division 9 , subdivision 3 .\n- (a) if the authority with the earliest date of original issue is a licence; and\n- (b) if the licensee holds more than 1 licence—in relation to the licence that has the earliest date of issue.","sortOrder":117},{"sectionNumber":"sec.92C","sectionType":"section","heading":"Record of completed CPD requirements","content":"### sec.92C Record of completed CPD requirements\n\nA licensee to whom section 92B (1) applies must keep a record of the CPD requirements completed by the licensee.\nMaximum penalty—10 penalty units.\nThe licensee must keep the record for 5 years after the end of the CPD year to which the record relates.\nMaximum penalty—10 penalty units.\ns 92C ins 2024 No. 27 s 112\n(sec.92C-ssec.1) A licensee to whom section 92B (1) applies must keep a record of the CPD requirements completed by the licensee. Maximum penalty—10 penalty units.\n(sec.92C-ssec.2) The licensee must keep the record for 5 years after the end of the CPD year to which the record relates. Maximum penalty—10 penalty units.","sortOrder":118},{"sectionNumber":"sec.92D","sectionType":"section","heading":"Chief executive to approve and publish CPD requirements","content":"### sec.92D Chief executive to approve and publish CPD requirements\n\nThe chief executive must approve continuing professional development requirements for licensees.\nThe chief executive must publish the CPD requirements on the department’s website.\ns 92D ins 2024 No. 27 s 112\n(sec.92D-ssec.1) The chief executive must approve continuing professional development requirements for licensees.\n(sec.92D-ssec.2) The chief executive must publish the CPD requirements on the department’s website.","sortOrder":119},{"sectionNumber":"sec.92E","sectionType":"section","heading":"Chief executive may approve adjusted CPD year","content":"### sec.92E Chief executive may approve adjusted CPD year\n\nThe chief executive may, on their own initiative or on application by a licensee, approve a period as a CPD year for the licensee’s licence.\nThe chief executive must give the licensee notice of the approved period and the day on which the period starts.\ns 92E ins 2024 No. 27 s 112\n(sec.92E-ssec.1) The chief executive may, on their own initiative or on application by a licensee, approve a period as a CPD year for the licensee’s licence.\n(sec.92E-ssec.2) The chief executive must give the licensee notice of the approved period and the day on which the period starts.","sortOrder":120},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"General","content":"## General","sortOrder":121},{"sectionNumber":"sec.93","sectionType":"section","heading":"Registered office","content":"### sec.93 Registered office\n\nA property agent’s or resident letting agent’s registered office is—\nfor a property agent or resident letting agent who is a principal licensee—\nthe place the agent states in the agent’s application for a property agent licence or resident letting agent licence as the agent’s principal place of business; or\nanother place notified to the chief executive by the agent in the approved form as the agent’s principal place of business; and\nfor a property agent or resident letting agent who is an employed licensee—\nthe place the agent states in the licensee’s application for a property agent licence or resident letting agent licence as the agent’s business address; or\nanother place notified to the chief executive by the agent in the approved form as the agent’s business address.\n- (a) for a property agent or resident letting agent who is a principal licensee— (i) the place the agent states in the agent’s application for a property agent licence or resident letting agent licence as the agent’s principal place of business; or (ii) another place notified to the chief executive by the agent in the approved form as the agent’s principal place of business; and\n- (i) the place the agent states in the agent’s application for a property agent licence or resident letting agent licence as the agent’s principal place of business; or\n- (ii) another place notified to the chief executive by the agent in the approved form as the agent’s principal place of business; and\n- (b) for a property agent or resident letting agent who is an employed licensee— (i) the place the agent states in the licensee’s application for a property agent licence or resident letting agent licence as the agent’s business address; or (ii) another place notified to the chief executive by the agent in the approved form as the agent’s business address.\n- (i) the place the agent states in the licensee’s application for a property agent licence or resident letting agent licence as the agent’s business address; or\n- (ii) another place notified to the chief executive by the agent in the approved form as the agent’s business address.\n- (i) the place the agent states in the agent’s application for a property agent licence or resident letting agent licence as the agent’s principal place of business; or\n- (ii) another place notified to the chief executive by the agent in the approved form as the agent’s principal place of business; and\n- (i) the place the agent states in the licensee’s application for a property agent licence or resident letting agent licence as the agent’s business address; or\n- (ii) another place notified to the chief executive by the agent in the approved form as the agent’s business address.","sortOrder":122},{"sectionNumber":"sec.94","sectionType":"section","heading":"Property agent or resident letting agent to notify chief executive of change in place of business etc.","content":"### sec.94 Property agent or resident letting agent to notify chief executive of change in place of business etc.\n\nA property agent, or resident letting agent, who is a principal licensee must notify the chief executive in the approved form of—\nany change in the agent’s principal place of business within 14 days after the change; and\nthe closure of any place where the agent carries on business within 14 days after the closure; and\nthe opening of any place where the agent carries on business within 14 days after the opening.\nMaximum penalty—200 penalty units.\nA property agent, or resident letting agent, who is an employed licensee must notify the chief executive in the approved form of any change in the agent’s business address within 14 days after the change.\nMaximum penalty—200 penalty units.\n(sec.94-ssec.1) A property agent, or resident letting agent, who is a principal licensee must notify the chief executive in the approved form of— any change in the agent’s principal place of business within 14 days after the change; and the closure of any place where the agent carries on business within 14 days after the closure; and the opening of any place where the agent carries on business within 14 days after the opening. Maximum penalty—200 penalty units.\n(sec.94-ssec.2) A property agent, or resident letting agent, who is an employed licensee must notify the chief executive in the approved form of any change in the agent’s business address within 14 days after the change. Maximum penalty—200 penalty units.\n- (a) any change in the agent’s principal place of business within 14 days after the change; and\n- (b) the closure of any place where the agent carries on business within 14 days after the closure; and\n- (c) the opening of any place where the agent carries on business within 14 days after the opening.","sortOrder":123},{"sectionNumber":"sec.95","sectionType":"section","heading":"Display and publication of licensee’s name","content":"### sec.95 Display and publication of licensee’s name\n\nA property agent, or resident letting agent, who is a principal licensee must not publish, or permit to be published, in a newspaper or elsewhere an advertisement for the agent’s business without stating in the advertisement the particulars prescribed under a regulation.\nMaximum penalty—100 penalty units.\nA property agent who conducts an auction must display at the auction, in the way and for the period prescribed under a regulation—\nthe property agent’s name; and\nany other particulars prescribed under a regulation.\nMaximum penalty—100 penalty units.\n(sec.95-ssec.1) A property agent, or resident letting agent, who is a principal licensee must not publish, or permit to be published, in a newspaper or elsewhere an advertisement for the agent’s business without stating in the advertisement the particulars prescribed under a regulation. Maximum penalty—100 penalty units.\n(sec.95-ssec.2) A property agent who conducts an auction must display at the auction, in the way and for the period prescribed under a regulation— the property agent’s name; and any other particulars prescribed under a regulation. Maximum penalty—100 penalty units.\n- (a) the property agent’s name; and\n- (b) any other particulars prescribed under a regulation.","sortOrder":124},{"sectionNumber":"sec.96","sectionType":"section","heading":"Access to particular documents by new resident letting agent","content":"### sec.96 Access to particular documents by new resident letting agent\n\nThis section applies if a resident letting agent ( existing letting agent )—\nis a letting agent for a community titles scheme; and\nenters into a contract to sell management rights for the community titles scheme to another resident letting agent ( new letting agent ).\nAt least 14 days before the day management rights are to pass to the buyer under the contract, the existing letting agent must make available to the new letting agent the existing letting agent’s trust account records for the community titles scheme to which the management rights relate for the prescribed period before the intended date of the sale of the management rights.\nIf the existing letting agent fails to comply with subsection (2) , the new letting agent may avoid the contract.\nIn this section—\nprescribed period means—\n5 years; or\nif the existing resident letting agent has been the letting agent for the community titles scheme for a shorter period, the shorter period.\n(sec.96-ssec.1) This section applies if a resident letting agent ( existing letting agent )— is a letting agent for a community titles scheme; and enters into a contract to sell management rights for the community titles scheme to another resident letting agent ( new letting agent ).\n(sec.96-ssec.2) At least 14 days before the day management rights are to pass to the buyer under the contract, the existing letting agent must make available to the new letting agent the existing letting agent’s trust account records for the community titles scheme to which the management rights relate for the prescribed period before the intended date of the sale of the management rights.\n(sec.96-ssec.3) If the existing letting agent fails to comply with subsection (2) , the new letting agent may avoid the contract.\n(sec.96-ssec.4) In this section— prescribed period means— 5 years; or if the existing resident letting agent has been the letting agent for the community titles scheme for a shorter period, the shorter period.\n- (a) is a letting agent for a community titles scheme; and\n- (b) enters into a contract to sell management rights for the community titles scheme to another resident letting agent ( new letting agent ).\n- (a) 5 years; or\n- (b) if the existing resident letting agent has been the letting agent for the community titles scheme for a shorter period, the shorter period.","sortOrder":125},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":126},{"sectionNumber":"sec.97","sectionType":"section","heading":"Acting as property agent","content":"### sec.97 Acting as property agent\n\nA person must not, as an agent for someone else for reward, perform an activity that may be done under the authority of a property agent licence unless the person—\nholds a property agent licence and the performance of the activity is authorised under the person’s licence; or\nis otherwise permitted under this or another Act to perform the activity.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not act as a property agent unless—\nthe person holds a property agent licence and the act is done under the authority of the person’s licence; or\nthe act is otherwise permitted under this or another Act.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nWithout limiting the ways a person may act as a property agent, a person acts as a property agent if the person—\nperforms an activity mentioned in section 25 (1) or (2) or 26 (1) ; or\nadvertises, notifies or states that the person—\nperforms an activity mentioned in section 25 (1) or (2) or 26 (1) ; or\nis willing to perform an activity mentioned in section 25 (1) or (2) or 26 (1) ; or\nin any way holds out as being ready to perform an activity mentioned in section 25 (1) or (2) or 26 (1) .\nHowever—\na person does not act as a property agent only because the person, while performing duties as an employee of a property agent at the property agent’s registered office or other place of business—\ncollects, and issues receipts for, rents; or\ngives a person a list, prepared by or for the property agent, of premises available for rent; or\ndoes something of an administrative nature relating to a thing the property agent does as a property agent; and\na person does not act as a real estate agent only because the person collects rents for the provider of rooming accommodation, as an employee of the provider, if the rents are collected in the course of providing rooming accommodation; and\na lawyer does not act as a real estate agent only because the lawyer collects rents in the lawyer’s practice if the lawyer complies with the requirements of the Legal Profession Act 2007 for the rents; and\na person does not act as a real estate agent only because the person sells, or negotiates the sale of, a manufactured home under an authority given to the person under the Manufactured Homes (Residential Parks) Act 2003 , section 60 .\n(sec.97-ssec.1) A person must not, as an agent for someone else for reward, perform an activity that may be done under the authority of a property agent licence unless the person— holds a property agent licence and the performance of the activity is authorised under the person’s licence; or is otherwise permitted under this or another Act to perform the activity. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.97-ssec.2) A person must not act as a property agent unless— the person holds a property agent licence and the act is done under the authority of the person’s licence; or the act is otherwise permitted under this or another Act. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.97-ssec.3) Without limiting the ways a person may act as a property agent, a person acts as a property agent if the person— performs an activity mentioned in section 25 (1) or (2) or 26 (1) ; or advertises, notifies or states that the person— performs an activity mentioned in section 25 (1) or (2) or 26 (1) ; or is willing to perform an activity mentioned in section 25 (1) or (2) or 26 (1) ; or in any way holds out as being ready to perform an activity mentioned in section 25 (1) or (2) or 26 (1) .\n(sec.97-ssec.4) However— a person does not act as a property agent only because the person, while performing duties as an employee of a property agent at the property agent’s registered office or other place of business— collects, and issues receipts for, rents; or gives a person a list, prepared by or for the property agent, of premises available for rent; or does something of an administrative nature relating to a thing the property agent does as a property agent; and a person does not act as a real estate agent only because the person collects rents for the provider of rooming accommodation, as an employee of the provider, if the rents are collected in the course of providing rooming accommodation; and a lawyer does not act as a real estate agent only because the lawyer collects rents in the lawyer’s practice if the lawyer complies with the requirements of the Legal Profession Act 2007 for the rents; and a person does not act as a real estate agent only because the person sells, or negotiates the sale of, a manufactured home under an authority given to the person under the Manufactured Homes (Residential Parks) Act 2003 , section 60 .\n- (a) holds a property agent licence and the performance of the activity is authorised under the person’s licence; or\n- (b) is otherwise permitted under this or another Act to perform the activity.\n- (a) the person holds a property agent licence and the act is done under the authority of the person’s licence; or\n- (b) the act is otherwise permitted under this or another Act.\n- (a) performs an activity mentioned in section 25 (1) or (2) or 26 (1) ; or\n- (b) advertises, notifies or states that the person— (i) performs an activity mentioned in section 25 (1) or (2) or 26 (1) ; or (ii) is willing to perform an activity mentioned in section 25 (1) or (2) or 26 (1) ; or\n- (i) performs an activity mentioned in section 25 (1) or (2) or 26 (1) ; or\n- (ii) is willing to perform an activity mentioned in section 25 (1) or (2) or 26 (1) ; or\n- (c) in any way holds out as being ready to perform an activity mentioned in section 25 (1) or (2) or 26 (1) .\n- (i) performs an activity mentioned in section 25 (1) or (2) or 26 (1) ; or\n- (ii) is willing to perform an activity mentioned in section 25 (1) or (2) or 26 (1) ; or\n- (a) a person does not act as a property agent only because the person, while performing duties as an employee of a property agent at the property agent’s registered office or other place of business— (i) collects, and issues receipts for, rents; or (ii) gives a person a list, prepared by or for the property agent, of premises available for rent; or (iii) does something of an administrative nature relating to a thing the property agent does as a property agent; and\n- (i) collects, and issues receipts for, rents; or\n- (ii) gives a person a list, prepared by or for the property agent, of premises available for rent; or\n- (iii) does something of an administrative nature relating to a thing the property agent does as a property agent; and\n- (b) a person does not act as a real estate agent only because the person collects rents for the provider of rooming accommodation, as an employee of the provider, if the rents are collected in the course of providing rooming accommodation; and\n- (c) a lawyer does not act as a real estate agent only because the lawyer collects rents in the lawyer’s practice if the lawyer complies with the requirements of the Legal Profession Act 2007 for the rents; and\n- (d) a person does not act as a real estate agent only because the person sells, or negotiates the sale of, a manufactured home under an authority given to the person under the Manufactured Homes (Residential Parks) Act 2003 , section 60 .\n- (i) collects, and issues receipts for, rents; or\n- (ii) gives a person a list, prepared by or for the property agent, of premises available for rent; or\n- (iii) does something of an administrative nature relating to a thing the property agent does as a property agent; and","sortOrder":127},{"sectionNumber":"sec.98","sectionType":"section","heading":"Employment of persons in real estate business","content":"### sec.98 Employment of persons in real estate business\n\nA real estate agent must not employ, as a real estate salesperson, a person the agent knows, or ought to know, does not hold a registration certificate.\nMaximum penalty—200 penalty units.\nA real estate agent must not directly engage an independent contractor as a real estate salesperson unless the independent contractor holds a property agent licence.\nMaximum penalty—200 penalty units.\nA principal licensee who is an individual and carries on the business of a real estate agent must not employ, as a real estate salesperson for the business, himself or herself or another individual with whom the principal licensee carries on business as a real estate agent.\nMaximum penalty—200 penalty units.\nA principal licensee that is a corporation and carries on business as a real estate agent must not employ an executive officer of the corporation as a real estate salesperson for the business.\nMaximum penalty—\nfor an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or\nfor a corporation—1,000 penalty units.\n(sec.98-ssec.1) A real estate agent must not employ, as a real estate salesperson, a person the agent knows, or ought to know, does not hold a registration certificate. Maximum penalty—200 penalty units.\n(sec.98-ssec.2) A real estate agent must not directly engage an independent contractor as a real estate salesperson unless the independent contractor holds a property agent licence. Maximum penalty—200 penalty units.\n(sec.98-ssec.3) A principal licensee who is an individual and carries on the business of a real estate agent must not employ, as a real estate salesperson for the business, himself or herself or another individual with whom the principal licensee carries on business as a real estate agent. Maximum penalty—200 penalty units.\n(sec.98-ssec.4) A principal licensee that is a corporation and carries on business as a real estate agent must not employ an executive officer of the corporation as a real estate salesperson for the business. Maximum penalty— for an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or for a corporation—1,000 penalty units.\n- (a) for an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or\n- (b) for a corporation—1,000 penalty units.","sortOrder":128},{"sectionNumber":"sec.99","sectionType":"section","heading":"Property agent and resident letting agent must not act for more than 1 party","content":"### sec.99 Property agent and resident letting agent must not act for more than 1 party\n\nA property agent or resident letting agent must not act for more than 1 party to a transaction.\nMaximum penalty—200 penalty units.\nIf a property agent or resident letting agent acts for more than 1 party to a transaction, an appointment to act for a party to the transaction is ineffective from the time it is made.\nIf the transaction is an exchange of property, a property agent does not contravene subsection (1) , and subsection (2) does not apply to the extent that the agent acts for each of the parties to the transaction.\n(sec.99-ssec.1) A property agent or resident letting agent must not act for more than 1 party to a transaction. Maximum penalty—200 penalty units.\n(sec.99-ssec.2) If a property agent or resident letting agent acts for more than 1 party to a transaction, an appointment to act for a party to the transaction is ineffective from the time it is made.\n(sec.99-ssec.3) If the transaction is an exchange of property, a property agent does not contravene subsection (1) , and subsection (2) does not apply to the extent that the agent acts for each of the parties to the transaction.","sortOrder":129},{"sectionNumber":"sec.100","sectionType":"section","heading":"Acting as resident letting agent","content":"### sec.100 Acting as resident letting agent\n\nA person must not act as a resident letting agent unless—\nthe person holds a resident letting agent licence and the act is done under the authority of the person’s licence; or\nthe act is otherwise permitted under this or another Act.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA lawyer does not act as a resident letting agent only because the lawyer collects rents in the lawyer’s practice for lots in a building complex if the lawyer complies with the requirements of the Legal Profession Act 2007 for the rents.\nA person does not act as a resident letting agent only because the person collects rents for the provider of rooming accommodation, as an employee of the provider, if the rents are collected in the course of providing rooming accommodation.\n(sec.100-ssec.1) A person must not act as a resident letting agent unless— the person holds a resident letting agent licence and the act is done under the authority of the person’s licence; or the act is otherwise permitted under this or another Act. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.100-ssec.2) A lawyer does not act as a resident letting agent only because the lawyer collects rents in the lawyer’s practice for lots in a building complex if the lawyer complies with the requirements of the Legal Profession Act 2007 for the rents.\n(sec.100-ssec.3) A person does not act as a resident letting agent only because the person collects rents for the provider of rooming accommodation, as an employee of the provider, if the rents are collected in the course of providing rooming accommodation.\n- (a) the person holds a resident letting agent licence and the act is done under the authority of the person’s licence; or\n- (b) the act is otherwise permitted under this or another Act.","sortOrder":130},{"sectionNumber":"sec.101","sectionType":"section","heading":"Production of licence","content":"### sec.101 Production of licence\n\nAn auctioneer must, if asked by a person with whom the auctioneer is dealing, produce the auctioneer’s auctioneer licence for inspection by the person.\nMaximum penalty—100 penalty units.\nA real estate agent must, if asked by a person with whom the agent is dealing, produce the agent’s real estate agent licence for inspection by the person.\nMaximum penalty—100 penalty units.\nA resident letting agent must, if asked by a person with whom the agent is dealing, produce the agent’s resident letting agent licence for inspection by the person.\nMaximum penalty—100 penalty units.\n(sec.101-ssec.1) An auctioneer must, if asked by a person with whom the auctioneer is dealing, produce the auctioneer’s auctioneer licence for inspection by the person. Maximum penalty—100 penalty units.\n(sec.101-ssec.2) A real estate agent must, if asked by a person with whom the agent is dealing, produce the agent’s real estate agent licence for inspection by the person. Maximum penalty—100 penalty units.\n(sec.101-ssec.3) A resident letting agent must, if asked by a person with whom the agent is dealing, produce the agent’s resident letting agent licence for inspection by the person. Maximum penalty—100 penalty units.","sortOrder":131},{"sectionNumber":"pt.4","sectionType":"part","heading":"Appointment of property agent or resident letting agent","content":"# Appointment of property agent or resident letting agent","sortOrder":132},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Requirement to appoint property agent or resident letting agent","content":"## Requirement to appoint property agent or resident letting agent","sortOrder":133},{"sectionNumber":"sec.102","sectionType":"section","heading":"Appointment","content":"### sec.102 Appointment\n\nA property agent must not act as a property agent for a person (a client ) to perform an activity (a service ) for the client unless—\nthe client first appoints the property agent under subsection (2) ; or\nan appointment that is in force is assigned to the property agent under the terms of that appointment or under section 113 .\nMaximum penalty—200 penalty units.\nThe appointment of a property agent must—\ncomply with division 2 and section 109 (1) ; and\ninclude any other information prescribed under a regulation, in the way (if any) prescribed under a regulation.\nas an addition to the approved form under section 104\nthe expression of commission for a service in a dollar amount, or as a percentage, or both\nA resident letting agent must not act as a resident letting agent for a person (also a client ) to perform an activity (also a service ) for the client unless—\nthe client first appoints the resident letting agent under subsection (4) ; or\nan appointment that is in force is assigned to the resident letting agent under the terms of that appointment or under section 113 .\nMaximum penalty—200 penalty units.\nThe appointment of a resident letting agent must—\ncomply with division 2 , subdivision 1 and section 109 (1) ; and\ninclude any other information prescribed under a regulation, in the way (if any) prescribed under a regulation.\nAn appointment under subsection (1) or (3) may be for the performance of—\na particular service or services (a single appointment ); or\na particular service or services over a period (a continuing appointment ).\nSubsections (1) , (2) and (5) do not apply to a sale of property by a real estate agent who acts in conjunction with a real estate agent appointed for this section to sell the property.\n(sec.102-ssec.1) A property agent must not act as a property agent for a person (a client ) to perform an activity (a service ) for the client unless— the client first appoints the property agent under subsection (2) ; or an appointment that is in force is assigned to the property agent under the terms of that appointment or under section 113 . Maximum penalty—200 penalty units.\n(sec.102-ssec.2) The appointment of a property agent must— comply with division 2 and section 109 (1) ; and include any other information prescribed under a regulation, in the way (if any) prescribed under a regulation. as an addition to the approved form under section 104 the expression of commission for a service in a dollar amount, or as a percentage, or both\n(sec.102-ssec.3) A resident letting agent must not act as a resident letting agent for a person (also a client ) to perform an activity (also a service ) for the client unless— the client first appoints the resident letting agent under subsection (4) ; or an appointment that is in force is assigned to the resident letting agent under the terms of that appointment or under section 113 . Maximum penalty—200 penalty units.\n(sec.102-ssec.4) The appointment of a resident letting agent must— comply with division 2 , subdivision 1 and section 109 (1) ; and include any other information prescribed under a regulation, in the way (if any) prescribed under a regulation.\n(sec.102-ssec.5) An appointment under subsection (1) or (3) may be for the performance of— a particular service or services (a single appointment ); or a particular service or services over a period (a continuing appointment ).\n(sec.102-ssec.6) Subsections (1) , (2) and (5) do not apply to a sale of property by a real estate agent who acts in conjunction with a real estate agent appointed for this section to sell the property.\n- (a) the client first appoints the property agent under subsection (2) ; or\n- (b) an appointment that is in force is assigned to the property agent under the terms of that appointment or under section 113 .\n- (a) comply with division 2 and section 109 (1) ; and\n- (b) include any other information prescribed under a regulation, in the way (if any) prescribed under a regulation. Example of a way for paragraph (b) — • as an addition to the approved form under section 104 • the expression of commission for a service in a dollar amount, or as a percentage, or both\n- • as an addition to the approved form under section 104\n- • the expression of commission for a service in a dollar amount, or as a percentage, or both\n- • as an addition to the approved form under section 104\n- • the expression of commission for a service in a dollar amount, or as a percentage, or both\n- (a) the client first appoints the resident letting agent under subsection (4) ; or\n- (b) an appointment that is in force is assigned to the resident letting agent under the terms of that appointment or under section 113 .\n- (a) comply with division 2 , subdivision 1 and section 109 (1) ; and\n- (b) include any other information prescribed under a regulation, in the way (if any) prescribed under a regulation.\n- (a) a particular service or services (a single appointment ); or\n- (b) a particular service or services over a period (a continuing appointment ).","sortOrder":134},{"sectionNumber":"sec.103","sectionType":"section","heading":"Particular requirements for appointing property agent for sole or exclusive agency","content":"### sec.103 Particular requirements for appointing property agent for sole or exclusive agency\n\nThis section applies to an appointment of a property agent for a sole or exclusive agency.\nBefore the appointment is signed, the property agent must—\ngive the client a notice, in the approved form, that provides information about sole and exclusive agency appointments; and\ndiscuss with the client—\nwhether the appointment is to be for a sole agency or an exclusive agency; and\nthe proposed term of the appointment; and\nfor an appointment for the sale of residential property other than a commercial scale appointment, the client’s entitlement to negotiate the term of the appointment up to a maximum term of 90 days; and\nthe consequences for the client if the property is sold by someone other than the agent during the term of the appointment.\nThe commission of an offence against this subsection also renders an appointment for the sale of a place of residence or land or an interest in a place of residence or land ineffective under section 112 (3) .\nMaximum penalty—200 penalty units.\n(sec.103-ssec.1) This section applies to an appointment of a property agent for a sole or exclusive agency.\n(sec.103-ssec.2) Before the appointment is signed, the property agent must— give the client a notice, in the approved form, that provides information about sole and exclusive agency appointments; and discuss with the client— whether the appointment is to be for a sole agency or an exclusive agency; and the proposed term of the appointment; and for an appointment for the sale of residential property other than a commercial scale appointment, the client’s entitlement to negotiate the term of the appointment up to a maximum term of 90 days; and the consequences for the client if the property is sold by someone other than the agent during the term of the appointment. The commission of an offence against this subsection also renders an appointment for the sale of a place of residence or land or an interest in a place of residence or land ineffective under section 112 (3) . Maximum penalty—200 penalty units.\n- (a) give the client a notice, in the approved form, that provides information about sole and exclusive agency appointments; and\n- (b) discuss with the client— (i) whether the appointment is to be for a sole agency or an exclusive agency; and (ii) the proposed term of the appointment; and (iii) for an appointment for the sale of residential property other than a commercial scale appointment, the client’s entitlement to negotiate the term of the appointment up to a maximum term of 90 days; and (iv) the consequences for the client if the property is sold by someone other than the agent during the term of the appointment.\n- (i) whether the appointment is to be for a sole agency or an exclusive agency; and\n- (ii) the proposed term of the appointment; and\n- (iii) for an appointment for the sale of residential property other than a commercial scale appointment, the client’s entitlement to negotiate the term of the appointment up to a maximum term of 90 days; and\n- (iv) the consequences for the client if the property is sold by someone other than the agent during the term of the appointment.\n- (i) whether the appointment is to be for a sole agency or an exclusive agency; and\n- (ii) the proposed term of the appointment; and\n- (iii) for an appointment for the sale of residential property other than a commercial scale appointment, the client’s entitlement to negotiate the term of the appointment up to a maximum term of 90 days; and\n- (iv) the consequences for the client if the property is sold by someone other than the agent during the term of the appointment.","sortOrder":135},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Content of appointment","content":"## Content of appointment","sortOrder":136},{"sectionNumber":"sec.104","sectionType":"section","heading":"General content of appointment","content":"### sec.104 General content of appointment\n\nAn appointment of a property agent or resident letting agent must include the following in the approved form—\na prominent statement that the client should seek independent legal advice before signing the appointment;\na statement about whether it is a single appointment or a continuing appointment;\nfor each service, provision for the inclusion of a statement about the following—\nthe service to be performed by the property agent or resident letting agent;\nthe fees, charges and any commission payable for the service;\nwhen the fees, charges and any commission for the service become payable;\nthe expenses, including advertising and marketing expenses, the agent is authorised to incur in connection with the performance of each service or category of service;\nthe source and the estimated amount or value of any rebate, discount, commission or benefit that the agent may receive for any expenses that the agent may incur in connection with the performance of the service;\nany condition, limitation or restriction on the performance of the service.\nIn this section—\ncontinuing appointment see section 102 (5) (b) .\nsingle appointment see section 102 (5) (a) .\n(sec.104-ssec.1) An appointment of a property agent or resident letting agent must include the following in the approved form— a prominent statement that the client should seek independent legal advice before signing the appointment; a statement about whether it is a single appointment or a continuing appointment; for each service, provision for the inclusion of a statement about the following— the service to be performed by the property agent or resident letting agent; the fees, charges and any commission payable for the service; when the fees, charges and any commission for the service become payable; the expenses, including advertising and marketing expenses, the agent is authorised to incur in connection with the performance of each service or category of service; the source and the estimated amount or value of any rebate, discount, commission or benefit that the agent may receive for any expenses that the agent may incur in connection with the performance of the service; any condition, limitation or restriction on the performance of the service.\n(sec.104-ssec.2) In this section— continuing appointment see section 102 (5) (b) . single appointment see section 102 (5) (a) .\n- (a) a prominent statement that the client should seek independent legal advice before signing the appointment;\n- (b) a statement about whether it is a single appointment or a continuing appointment;\n- (c) for each service, provision for the inclusion of a statement about the following— (i) the service to be performed by the property agent or resident letting agent; (ii) the fees, charges and any commission payable for the service; (iii) when the fees, charges and any commission for the service become payable; (iv) the expenses, including advertising and marketing expenses, the agent is authorised to incur in connection with the performance of each service or category of service; (v) the source and the estimated amount or value of any rebate, discount, commission or benefit that the agent may receive for any expenses that the agent may incur in connection with the performance of the service; (vi) any condition, limitation or restriction on the performance of the service.\n- (i) the service to be performed by the property agent or resident letting agent;\n- (ii) the fees, charges and any commission payable for the service;\n- (iii) when the fees, charges and any commission for the service become payable;\n- (iv) the expenses, including advertising and marketing expenses, the agent is authorised to incur in connection with the performance of each service or category of service;\n- (v) the source and the estimated amount or value of any rebate, discount, commission or benefit that the agent may receive for any expenses that the agent may incur in connection with the performance of the service;\n- (vi) any condition, limitation or restriction on the performance of the service.\n- (i) the service to be performed by the property agent or resident letting agent;\n- (ii) the fees, charges and any commission payable for the service;\n- (iii) when the fees, charges and any commission for the service become payable;\n- (iv) the expenses, including advertising and marketing expenses, the agent is authorised to incur in connection with the performance of each service or category of service;\n- (v) the source and the estimated amount or value of any rebate, discount, commission or benefit that the agent may receive for any expenses that the agent may incur in connection with the performance of the service;\n- (vi) any condition, limitation or restriction on the performance of the service.","sortOrder":137},{"sectionNumber":"sec.105","sectionType":"section","heading":"Other requirements—commission","content":"### sec.105 Other requirements—commission\n\nThis section applies to an appointment of a property agent or resident letting agent for a service that is the sale or letting of property or the collecting of rents if commission is payable for the service and is expressed as a percentage of an estimated sale price or amount of rent to be paid or collected.\nThe appointment must state, in writing, that the commission for the service is worked out only on—\nfor the sale of property—the actual sale price; or\nfor the letting of property—the actual rental for the property; or\nfor the collecting of rents—the actual amount of rent collected.\n(sec.105-ssec.1) This section applies to an appointment of a property agent or resident letting agent for a service that is the sale or letting of property or the collecting of rents if commission is payable for the service and is expressed as a percentage of an estimated sale price or amount of rent to be paid or collected.\n(sec.105-ssec.2) The appointment must state, in writing, that the commission for the service is worked out only on— for the sale of property—the actual sale price; or for the letting of property—the actual rental for the property; or for the collecting of rents—the actual amount of rent collected.\n- (a) for the sale of property—the actual sale price; or\n- (b) for the letting of property—the actual rental for the property; or\n- (c) for the collecting of rents—the actual amount of rent collected.","sortOrder":138},{"sectionNumber":"sec.106","sectionType":"section","heading":"Other requirements—statement that appointment may be revoked by notice","content":"### sec.106 Other requirements—statement that appointment may be revoked by notice\n\nThis section applies to an appointment of—\na property agent, other than an appointment for an open listing or a sole or exclusive agency; or\na resident letting agent.\nThe appointment must state, in writing, that the appointment may be revoked by either party giving the other party at least 30 days written notice of the revocation, unless the parties agree, in writing, to an earlier day for the appointment to end.\n(sec.106-ssec.1) This section applies to an appointment of— a property agent, other than an appointment for an open listing or a sole or exclusive agency; or a resident letting agent.\n(sec.106-ssec.2) The appointment must state, in writing, that the appointment may be revoked by either party giving the other party at least 30 days written notice of the revocation, unless the parties agree, in writing, to an earlier day for the appointment to end.\n- (a) a property agent, other than an appointment for an open listing or a sole or exclusive agency; or\n- (b) a resident letting agent.","sortOrder":139},{"sectionNumber":"sec.107","sectionType":"section","heading":"Other requirements—auction","content":"### sec.107 Other requirements—auction\n\nThis section applies to an appointment of a property agent that is in relation to an auction.\nThe appointment must state, in writing, the day set for the auction.\n(sec.107-ssec.1) This section applies to an appointment of a property agent that is in relation to an auction.\n(sec.107-ssec.2) The appointment must state, in writing, the day set for the auction.","sortOrder":140},{"sectionNumber":"sec.108","sectionType":"section","heading":"Other requirements—sole or exclusive agency","content":"### sec.108 Other requirements—sole or exclusive agency\n\nThis section applies to an appointment of a real estate agent for a sole or exclusive agency.\nThe appointment must state in writing—\nwhether the appointment is for a sole or exclusive agency; and\nthe day the appointment ends.\nThe appointment may provide that at the end of the term of the sole or exclusive agency, it continues under the terms of an open listing that may be ended at any time by the client or agent.\n(sec.108-ssec.1) This section applies to an appointment of a real estate agent for a sole or exclusive agency.\n(sec.108-ssec.2) The appointment must state in writing— whether the appointment is for a sole or exclusive agency; and the day the appointment ends.\n(sec.108-ssec.3) The appointment may provide that at the end of the term of the sole or exclusive agency, it continues under the terms of an open listing that may be ended at any time by the client or agent.\n- (a) whether the appointment is for a sole or exclusive agency; and\n- (b) the day the appointment ends.","sortOrder":141},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":142},{"sectionNumber":"sec.109","sectionType":"section","heading":"Giving signed appointment to client","content":"### sec.109 Giving signed appointment to client\n\nAn appointment of a property agent or resident letting agent under section 102 (1) or (3) must be signed and dated by—\nthe client; and\nthe property agent or resident letting agent or someone authorised or apparently authorised to sign for the property agent or resident letting agent.\nThe property agent or resident letting agent must give a copy of the signed appointment to the client.\nMaximum penalty for subsection (2) —200 penalty units.\n(sec.109-ssec.1) An appointment of a property agent or resident letting agent under section 102 (1) or (3) must be signed and dated by— the client; and the property agent or resident letting agent or someone authorised or apparently authorised to sign for the property agent or resident letting agent.\n(sec.109-ssec.2) The property agent or resident letting agent must give a copy of the signed appointment to the client. Maximum penalty for subsection (2) —200 penalty units.\n- (a) the client; and\n- (b) the property agent or resident letting agent or someone authorised or apparently authorised to sign for the property agent or resident letting agent.","sortOrder":143},{"sectionNumber":"sec.110","sectionType":"section","heading":"Limitation on term of reappointment of property agent for sale of residential property","content":"### sec.110 Limitation on term of reappointment of property agent for sale of residential property\n\nA property agent may be reappointed for a sole or exclusive agency for the sale of residential property for 1 or more terms of not more than 90 days.\nThe limitation on the term of reappointment under subsection (1) does not apply if the reappointment is a commercial scale appointment.\nA property agent appointed for the sale of residential property under a sole or exclusive agency commits an offence if the agent is reappointed for the sale earlier than 14 days before the term of the sole or exclusive agency ends.\nThe commission of an offence against this subsection relating to the reappointment also renders the reappointment ineffective under section 112 (4) .\nMaximum penalty for subsection (3) —200 penalty units.\n(sec.110-ssec.1) A property agent may be reappointed for a sole or exclusive agency for the sale of residential property for 1 or more terms of not more than 90 days.\n(sec.110-ssec.2) The limitation on the term of reappointment under subsection (1) does not apply if the reappointment is a commercial scale appointment.\n(sec.110-ssec.3) A property agent appointed for the sale of residential property under a sole or exclusive agency commits an offence if the agent is reappointed for the sale earlier than 14 days before the term of the sole or exclusive agency ends. The commission of an offence against this subsection relating to the reappointment also renders the reappointment ineffective under section 112 (4) . Maximum penalty for subsection (3) —200 penalty units.","sortOrder":144},{"sectionNumber":"sec.111","sectionType":"section","heading":"Form of reappointment","content":"### sec.111 Form of reappointment\n\nThe reappointment of a property agent under section 110 must—\nbe in the approved form; and\ninclude any other information required under a regulation.\nA reappointment that does not comply with subsection (1) is ineffective from the time it is made.\n(sec.111-ssec.1) The reappointment of a property agent under section 110 must— be in the approved form; and include any other information required under a regulation.\n(sec.111-ssec.2) A reappointment that does not comply with subsection (1) is ineffective from the time it is made.\n- (a) be in the approved form; and\n- (b) include any other information required under a regulation.","sortOrder":145},{"sectionNumber":"sec.112","sectionType":"section","heading":"Other ineffective appointments and reappointments","content":"### sec.112 Other ineffective appointments and reappointments\n\nThe appointment of a property agent for the sale of residential property under a sole or exclusive agency is ineffective from the time it is made if the term of the appointment is more than 90 days.\nSubsection (1) does not apply to a commercial scale appointment.\nThe appointment of a property agent for a sole or exclusive agency for the sale of a place of residence or land or an interest in a place of residence or land is ineffective from the time it is made if the property agent commits an offence against section 103 .\nThe appointment of a property agent or resident letting agent is ineffective from the time it is made if the appointment does not comply with section 104 .\nThe reappointment of a property agent for a further term of sole or exclusive agency for the sale of residential property is ineffective from the time it is made if the property agent commits an offence against section 110 (3) relating to the reappointment.\n(sec.112-ssec.1) The appointment of a property agent for the sale of residential property under a sole or exclusive agency is ineffective from the time it is made if the term of the appointment is more than 90 days.\n(sec.112-ssec.2) Subsection (1) does not apply to a commercial scale appointment.\n(sec.112-ssec.3) The appointment of a property agent for a sole or exclusive agency for the sale of a place of residence or land or an interest in a place of residence or land is ineffective from the time it is made if the property agent commits an offence against section 103 .\n(sec.112-ssec.4) The appointment of a property agent or resident letting agent is ineffective from the time it is made if the appointment does not comply with section 104 .\n(sec.112-ssec.5) The reappointment of a property agent for a further term of sole or exclusive agency for the sale of residential property is ineffective from the time it is made if the property agent commits an offence against section 110 (3) relating to the reappointment.","sortOrder":146},{"sectionNumber":"sec.113","sectionType":"section","heading":"Assignment of appointment","content":"### sec.113 Assignment of appointment\n\nThis section applies if—\na property agent who holds an appointment, under section 102 , from a client to perform a service or services for the client assigns the appointment to another property agent ( assignee ); or\na resident letting agent who holds appointments, under section 102 , from clients to perform a service or services for the clients for a building complex assigns the appointments to another person who becomes the resident letting agent for the complex (also an assignee ).\nThe assignee must give each client written notice of the assignment within 14 days after the assignment.\nMaximum penalty—100 penalty units.\nThe notice must state the following—\nthe assignee’s name and contact details;\nthe address of the assignee’s registered office;\nthe appointment has been assigned without changing the terms of the appointment;\nthe appointment may be revoked by the client by giving at least 30 days written notice of the revocation to the assignee, unless the client and the assignee agree, in writing, to an earlier day for the appointment to end.\nThe appointment is taken, for section 102 , to be an appointment by the client of the proposed assignee and to continue to have effect according to its terms.\nTo remove any doubt, it is declared that the assignment of an appointment under this section does not authorise the assignee to vary the terms of the appointment without the client’s agreement.\n(sec.113-ssec.1) This section applies if— a property agent who holds an appointment, under section 102 , from a client to perform a service or services for the client assigns the appointment to another property agent ( assignee ); or a resident letting agent who holds appointments, under section 102 , from clients to perform a service or services for the clients for a building complex assigns the appointments to another person who becomes the resident letting agent for the complex (also an assignee ).\n(sec.113-ssec.2) The assignee must give each client written notice of the assignment within 14 days after the assignment. Maximum penalty—100 penalty units.\n(sec.113-ssec.3) The notice must state the following— the assignee’s name and contact details; the address of the assignee’s registered office; the appointment has been assigned without changing the terms of the appointment; the appointment may be revoked by the client by giving at least 30 days written notice of the revocation to the assignee, unless the client and the assignee agree, in writing, to an earlier day for the appointment to end.\n(sec.113-ssec.4) The appointment is taken, for section 102 , to be an appointment by the client of the proposed assignee and to continue to have effect according to its terms.\n(sec.113-ssec.5) To remove any doubt, it is declared that the assignment of an appointment under this section does not authorise the assignee to vary the terms of the appointment without the client’s agreement.\n- (a) a property agent who holds an appointment, under section 102 , from a client to perform a service or services for the client assigns the appointment to another property agent ( assignee ); or\n- (b) a resident letting agent who holds appointments, under section 102 , from clients to perform a service or services for the clients for a building complex assigns the appointments to another person who becomes the resident letting agent for the complex (also an assignee ).\n- (a) the assignee’s name and contact details;\n- (b) the address of the assignee’s registered office;\n- (c) the appointment has been assigned without changing the terms of the appointment;\n- (d) the appointment may be revoked by the client by giving at least 30 days written notice of the revocation to the assignee, unless the client and the assignee agree, in writing, to an earlier day for the appointment to end.","sortOrder":147},{"sectionNumber":"sec.114","sectionType":"section","heading":"Revocation of appointment","content":"### sec.114 Revocation of appointment\n\nAn appointment of a property agent, other than an appointment for an open listing or a sole or exclusive agency that has not been assigned, or resident letting agent may be revoked by either party giving the other party at least 30 days written notice of the revocation, unless the parties agree, in writing, to an earlier day for the appointment to end.\nFor when an appointment of a property agent for the sale of residential property under an open listing may be revoked, see section 20 (c) .\nDespite any agreement to the contrary by the parties to an appointment of a property agent or resident letting agent, a party is only required to give the other party to the appointment at least 30 days written notice of the revocation, unless both parties agree, in writing, to an earlier day for the appointment to end.\nA provision of an agreement is void if it requires a party to an appointment of a property agent or resident letting agent to give a notice of revocation of the appointment to the other party to the appointment other than in accordance with subsection (2) .\nSubsections (5) and (6) apply to an appointment, that has not been assigned, of a property agent for a sole or exclusive agency for the sale of residential property for a term of at least 60 days, other than a commercial scale appointment.\nThe appointment may be revoked by either party giving at least 30 days written notice of the revocation, unless both parties agree in writing to an earlier day for the appointment to end.\nHowever, the appointment must be for at least 60 days, unless both parties agree, in writing, to an earlier day for the appointment to end.\nThe revocation of an appointment of a property agent or resident letting agent does not affect existing contracts entered into by the property agent or resident letting agent on behalf of the client.\ns 114 amd 2014 No. 62 s 139D\n(sec.114-ssec.1) An appointment of a property agent, other than an appointment for an open listing or a sole or exclusive agency that has not been assigned, or resident letting agent may be revoked by either party giving the other party at least 30 days written notice of the revocation, unless the parties agree, in writing, to an earlier day for the appointment to end. For when an appointment of a property agent for the sale of residential property under an open listing may be revoked, see section 20 (c) .\n(sec.114-ssec.2) Despite any agreement to the contrary by the parties to an appointment of a property agent or resident letting agent, a party is only required to give the other party to the appointment at least 30 days written notice of the revocation, unless both parties agree, in writing, to an earlier day for the appointment to end.\n(sec.114-ssec.3) A provision of an agreement is void if it requires a party to an appointment of a property agent or resident letting agent to give a notice of revocation of the appointment to the other party to the appointment other than in accordance with subsection (2) .\n(sec.114-ssec.4) Subsections (5) and (6) apply to an appointment, that has not been assigned, of a property agent for a sole or exclusive agency for the sale of residential property for a term of at least 60 days, other than a commercial scale appointment.\n(sec.114-ssec.5) The appointment may be revoked by either party giving at least 30 days written notice of the revocation, unless both parties agree in writing to an earlier day for the appointment to end.\n(sec.114-ssec.6) However, the appointment must be for at least 60 days, unless both parties agree, in writing, to an earlier day for the appointment to end.\n(sec.114-ssec.7) The revocation of an appointment of a property agent or resident letting agent does not affect existing contracts entered into by the property agent or resident letting agent on behalf of the client.","sortOrder":148},{"sectionNumber":"pt.5","sectionType":"part","heading":"Registration of real estate salespersons","content":"# Registration of real estate salespersons","sortOrder":149},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Real estate salesperson’s authorisation","content":"## Real estate salesperson’s authorisation","sortOrder":150},{"sectionNumber":"sec.115","sectionType":"section","heading":"What a registration certificate authorises","content":"### sec.115 What a registration certificate authorises\n\nA registration certificate authorises the holder of the certificate to perform any activity that may be performed by the real estate agent who employs the holder.\nHowever, the registration certificate does not authorise the holder to perform an activity that the holder is not authorised to perform because of a condition to which the certificate is subject.\n(sec.115-ssec.1) A registration certificate authorises the holder of the certificate to perform any activity that may be performed by the real estate agent who employs the holder.\n(sec.115-ssec.2) However, the registration certificate does not authorise the holder to perform an activity that the holder is not authorised to perform because of a condition to which the certificate is subject.","sortOrder":151},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"How to obtain registration","content":"## How to obtain registration","sortOrder":152},{"sectionNumber":"sec.116","sectionType":"section","heading":"Steps involved in obtaining registration","content":"### sec.116 Steps involved in obtaining registration\n\nA person who wishes to obtain registration as a real estate salesperson must be a suitable person for registration under division 4 .\nThe person must apply for registration by—\ngiving the chief executive an application showing, among other things, the person is eligible to obtain registration; and\npaying the prescribed fees.\nIn deciding the person’s application, the chief executive must have regard, among other things, to—\nthe person’s suitability for registration as a real estate salesperson; and\nthe person’s eligibility to hold the registration certificate.\n(sec.116-ssec.1) A person who wishes to obtain registration as a real estate salesperson must be a suitable person for registration under division 4 .\n(sec.116-ssec.2) The person must apply for registration by— giving the chief executive an application showing, among other things, the person is eligible to obtain registration; and paying the prescribed fees.\n(sec.116-ssec.3) In deciding the person’s application, the chief executive must have regard, among other things, to— the person’s suitability for registration as a real estate salesperson; and the person’s eligibility to hold the registration certificate.\n- (a) giving the chief executive an application showing, among other things, the person is eligible to obtain registration; and\n- (b) paying the prescribed fees.\n- (a) the person’s suitability for registration as a real estate salesperson; and\n- (b) the person’s eligibility to hold the registration certificate.","sortOrder":153},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Applications for registration","content":"## Applications for registration","sortOrder":154},{"sectionNumber":"sec.117","sectionType":"section","heading":"Application for registration","content":"### sec.117 Application for registration\n\nAn applicant for registration must—\nbe an individual; and\napply to the chief executive in the approved form; and\nstate the term of the registration being applied for; and\nestablish the applicant’s suitability and eligibility for registration as a real estate salesperson; and\nprovide any information the chief executive reasonably requires to decide whether the applicant is suitable and eligible to be a real estate salesperson.\nThe application must be accompanied by—\nthe application fee prescribed under a regulation; and\nthe registration issue fee prescribed under a regulation; and\nif, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid.\n(sec.117-ssec.1) An applicant for registration must— be an individual; and apply to the chief executive in the approved form; and state the term of the registration being applied for; and establish the applicant’s suitability and eligibility for registration as a real estate salesperson; and provide any information the chief executive reasonably requires to decide whether the applicant is suitable and eligible to be a real estate salesperson.\n(sec.117-ssec.2) The application must be accompanied by— the application fee prescribed under a regulation; and the registration issue fee prescribed under a regulation; and if, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid.\n- (a) be an individual; and\n- (b) apply to the chief executive in the approved form; and\n- (c) state the term of the registration being applied for; and\n- (d) establish the applicant’s suitability and eligibility for registration as a real estate salesperson; and\n- (e) provide any information the chief executive reasonably requires to decide whether the applicant is suitable and eligible to be a real estate salesperson.\n- (a) the application fee prescribed under a regulation; and\n- (b) the registration issue fee prescribed under a regulation; and\n- (c) if, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid.","sortOrder":155},{"sectionNumber":"sec.118","sectionType":"section","heading":"Particular persons can not make application","content":"### sec.118 Particular persons can not make application\n\nAn individual who is a disqualified person can not make an application for a registration certificate during the period for which the individual is disqualified.\nAn individual who made an application for a registration certificate the chief executive decides to refuse can not make another application for a registration certificate—\nfor 3 months after the day the chief executive gives the person an information notice for the decision; or\nif the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.\nIn this section—\ndisqualified person means a person who, as a consequence of an order made by QCAT under section 186 or 188 or a court under section 227 or 228 , is disqualified from holding a registration certificate.\n(sec.118-ssec.1) An individual who is a disqualified person can not make an application for a registration certificate during the period for which the individual is disqualified.\n(sec.118-ssec.2) An individual who made an application for a registration certificate the chief executive decides to refuse can not make another application for a registration certificate— for 3 months after the day the chief executive gives the person an information notice for the decision; or if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.\n(sec.118-ssec.3) In this section— disqualified person means a person who, as a consequence of an order made by QCAT under section 186 or 188 or a court under section 227 or 228 , is disqualified from holding a registration certificate.\n- (a) for 3 months after the day the chief executive gives the person an information notice for the decision; or\n- (b) if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.","sortOrder":156},{"sectionNumber":"sec.119","sectionType":"section","heading":"Requirement to give information or material about application or request","content":"### sec.119 Requirement to give information or material about application or request\n\nThis section applies to an applicant for—\na registration certificate; or\nrenewal of a registration certificate; or\nrestoration of a registration certificate.\nThe chief executive may, by written notice given to the applicant, require the applicant to give the chief executive within a stated reasonable period information or material the chief executive reasonably considers is needed to decide the application.\ninformation or material the chief executive reasonably considers is needed to establish the applicant’s suitability for the registration certificate\nThe applicant is taken to have withdrawn the application if, within the stated reasonable period, the applicant fails to comply with the chief executive’s requirement.\n(sec.119-ssec.1) This section applies to an applicant for— a registration certificate; or renewal of a registration certificate; or restoration of a registration certificate.\n(sec.119-ssec.2) The chief executive may, by written notice given to the applicant, require the applicant to give the chief executive within a stated reasonable period information or material the chief executive reasonably considers is needed to decide the application. information or material the chief executive reasonably considers is needed to establish the applicant’s suitability for the registration certificate\n(sec.119-ssec.3) The applicant is taken to have withdrawn the application if, within the stated reasonable period, the applicant fails to comply with the chief executive’s requirement.\n- (a) a registration certificate; or\n- (b) renewal of a registration certificate; or\n- (c) restoration of a registration certificate.","sortOrder":157},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Suitability of applicants","content":"## Suitability of applicants","sortOrder":158},{"sectionNumber":"sec.120","sectionType":"section","heading":"Suitability of applicants","content":"### sec.120 Suitability of applicants\n\nA person is not a suitable person for registration as a real estate salesperson if the person is—\na person who has been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or\ncurrently disqualified from holding a licence or registration certificate; or\na person the chief executive decides under section 121 is not a suitable person to obtain registration as a real estate salesperson.\nAn individual who is not a suitable person for registration as a real estate salesperson can not obtain registration as a real estate salesperson.\n(sec.120-ssec.1) A person is not a suitable person for registration as a real estate salesperson if the person is— a person who has been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or currently disqualified from holding a licence or registration certificate; or a person the chief executive decides under section 121 is not a suitable person to obtain registration as a real estate salesperson.\n(sec.120-ssec.2) An individual who is not a suitable person for registration as a real estate salesperson can not obtain registration as a real estate salesperson.\n- (a) a person who has been convicted, in Queensland or elsewhere, within the preceding 5 years of a serious offence; or\n- (b) currently disqualified from holding a licence or registration certificate; or\n- (c) a person the chief executive decides under section 121 is not a suitable person to obtain registration as a real estate salesperson.","sortOrder":159},{"sectionNumber":"sec.121","sectionType":"section","heading":"Chief executive must consider suitability of applicants","content":"### sec.121 Chief executive must consider suitability of applicants\n\nThe chief executive must, when deciding whether a person is a suitable person for registration as a real estate salesperson, consider the following things—\nthe person’s character;\nwhether the person held a licence or registration under a relevant Act that was suspended or cancelled under the relevant Act;\nwhether an amount has been paid from the fund because the person did, or omitted to do, something that gave rise to the claim against the fund;\nwhether the person has been disqualified under a relevant Act from being—\nthe holder of a licence within the meaning of the relevant Act; or\nthe holder of a registration certificate within the meaning of the relevant Act;\nwhether the person has been disqualified from managing corporations under the Corporations Act ;\nwhether, within the previous 5 years, QCAT, the former tribunal or the District Court has made an order under this Act or PAMDA adverse to the person;\nthe person’s criminal history;\nif the person is an insolvent under administration—\nthe circumstances giving rise to the person being an insolvent under administration; and\nwhether the person took all reasonable steps to avoid the coming into existence of the circumstances that resulted in the person being an insolvent under administration; and\nwhether the person is in a position to influence significantly the management of a licensee’s business;\nwhether the person has been convicted of an offence against a relevant Act or the Administration Act ;\nwhether the person is capable of satisfactorily performing the activities of a real estate salesperson;\nwhether the person’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ;\nSee the Corporations Act , section 1274AA (Register of disqualified company directors and other officers).\nanother thing the chief executive may consider under this Act.\nIf the chief executive decides a person is not a suitable person for registration as a real estate salesperson, the chief executive must give the person an information notice about the decision within 14 days after the decision is made.\nIn this section—\nfund includes the claim fund under PAMDA .\nrelevant Act means this Act, an Agents Act, PAMDA or a corresponding law.\n(sec.121-ssec.1) The chief executive must, when deciding whether a person is a suitable person for registration as a real estate salesperson, consider the following things— the person’s character; whether the person held a licence or registration under a relevant Act that was suspended or cancelled under the relevant Act; whether an amount has been paid from the fund because the person did, or omitted to do, something that gave rise to the claim against the fund; whether the person has been disqualified under a relevant Act from being— the holder of a licence within the meaning of the relevant Act; or the holder of a registration certificate within the meaning of the relevant Act; whether the person has been disqualified from managing corporations under the Corporations Act ; whether, within the previous 5 years, QCAT, the former tribunal or the District Court has made an order under this Act or PAMDA adverse to the person; the person’s criminal history; if the person is an insolvent under administration— the circumstances giving rise to the person being an insolvent under administration; and whether the person took all reasonable steps to avoid the coming into existence of the circumstances that resulted in the person being an insolvent under administration; and whether the person is in a position to influence significantly the management of a licensee’s business; whether the person has been convicted of an offence against a relevant Act or the Administration Act ; whether the person is capable of satisfactorily performing the activities of a real estate salesperson; whether the person’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ; See the Corporations Act , section 1274AA (Register of disqualified company directors and other officers). another thing the chief executive may consider under this Act.\n(sec.121-ssec.2) If the chief executive decides a person is not a suitable person for registration as a real estate salesperson, the chief executive must give the person an information notice about the decision within 14 days after the decision is made.\n(sec.121-ssec.3) In this section— fund includes the claim fund under PAMDA . relevant Act means this Act, an Agents Act, PAMDA or a corresponding law.\n- (a) the person’s character;\n- (b) whether the person held a licence or registration under a relevant Act that was suspended or cancelled under the relevant Act;\n- (c) whether an amount has been paid from the fund because the person did, or omitted to do, something that gave rise to the claim against the fund;\n- (d) whether the person has been disqualified under a relevant Act from being— (i) the holder of a licence within the meaning of the relevant Act; or (ii) the holder of a registration certificate within the meaning of the relevant Act;\n- (i) the holder of a licence within the meaning of the relevant Act; or\n- (ii) the holder of a registration certificate within the meaning of the relevant Act;\n- (e) whether the person has been disqualified from managing corporations under the Corporations Act ;\n- (f) whether, within the previous 5 years, QCAT, the former tribunal or the District Court has made an order under this Act or PAMDA adverse to the person;\n- (g) the person’s criminal history;\n- (h) if the person is an insolvent under administration— (i) the circumstances giving rise to the person being an insolvent under administration; and (ii) whether the person took all reasonable steps to avoid the coming into existence of the circumstances that resulted in the person being an insolvent under administration; and (iii) whether the person is in a position to influence significantly the management of a licensee’s business;\n- (i) the circumstances giving rise to the person being an insolvent under administration; and\n- (ii) whether the person took all reasonable steps to avoid the coming into existence of the circumstances that resulted in the person being an insolvent under administration; and\n- (iii) whether the person is in a position to influence significantly the management of a licensee’s business;\n- (i) whether the person has been convicted of an offence against a relevant Act or the Administration Act ;\n- (j) whether the person is capable of satisfactorily performing the activities of a real estate salesperson;\n- (k) whether the person’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ; Note— See the Corporations Act , section 1274AA (Register of disqualified company directors and other officers).\n- (l) another thing the chief executive may consider under this Act.\n- (i) the holder of a licence within the meaning of the relevant Act; or\n- (ii) the holder of a registration certificate within the meaning of the relevant Act;\n- (i) the circumstances giving rise to the person being an insolvent under administration; and\n- (ii) whether the person took all reasonable steps to avoid the coming into existence of the circumstances that resulted in the person being an insolvent under administration; and\n- (iii) whether the person is in a position to influence significantly the management of a licensee’s business;","sortOrder":160},{"sectionNumber":"sec.122","sectionType":"section","heading":"Investigations about suitability of applicants and real estate salespersons","content":"### sec.122 Investigations about suitability of applicants and real estate salespersons\n\nThe chief executive may make investigations about either of the following persons to help the chief executive decide whether the person is a suitable person to hold registration as a real estate salesperson—\nan applicant for registration as a real estate salesperson;\na real estate salesperson.\nWithout limiting subsection (1) , the chief executive may ask the commissioner of the police service for a report about the person’s criminal history.\nThe commissioner must give the report to the chief executive.\nHowever, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\nIf the person’s criminal history includes a conviction recorded against the person, the commissioner’s report must be written.\n(sec.122-ssec.1) The chief executive may make investigations about either of the following persons to help the chief executive decide whether the person is a suitable person to hold registration as a real estate salesperson— an applicant for registration as a real estate salesperson; a real estate salesperson.\n(sec.122-ssec.2) Without limiting subsection (1) , the chief executive may ask the commissioner of the police service for a report about the person’s criminal history.\n(sec.122-ssec.3) The commissioner must give the report to the chief executive.\n(sec.122-ssec.4) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.122-ssec.5) If the person’s criminal history includes a conviction recorded against the person, the commissioner’s report must be written.\n- (a) an applicant for registration as a real estate salesperson;\n- (b) a real estate salesperson.","sortOrder":161},{"sectionNumber":"sec.123","sectionType":"section","heading":"Notice of change in criminal history","content":"### sec.123 Notice of change in criminal history\n\nThis section applies if the commissioner of the police service reasonably suspects the criminal history of the holder of a registration certificate has changed.\nThe commissioner may notify the chief executive the person’s criminal history has changed.\nThe notice must state the following—\nthe person’s name and any other name the commissioner believes the person may use or may have used;\nthe person’s date and place of birth;\na brief description of the nature of the offence giving rise to the conviction or charge to which the change relates.\nThe chief executive may confirm the commissioner’s suspicions under subsection (1) .\nFor a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\nIn this section—\ncriminal history , in relation to a person, includes a charge of an offence laid against the person that has not been dismissed.\noffence includes alleged offence.\n(sec.123-ssec.1) This section applies if the commissioner of the police service reasonably suspects the criminal history of the holder of a registration certificate has changed.\n(sec.123-ssec.2) The commissioner may notify the chief executive the person’s criminal history has changed.\n(sec.123-ssec.3) The notice must state the following— the person’s name and any other name the commissioner believes the person may use or may have used; the person’s date and place of birth; a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates.\n(sec.123-ssec.4) The chief executive may confirm the commissioner’s suspicions under subsection (1) .\n(sec.123-ssec.5) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\n(sec.123-ssec.6) In this section— criminal history , in relation to a person, includes a charge of an offence laid against the person that has not been dismissed. offence includes alleged offence.\n- (a) the person’s name and any other name the commissioner believes the person may use or may have used;\n- (b) the person’s date and place of birth;\n- (c) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates.","sortOrder":162},{"sectionNumber":"sec.124","sectionType":"section","heading":"Costs of criminal history report","content":"### sec.124 Costs of criminal history report\n\nThe chief executive may require an applicant for registration as a real estate salesperson or a real estate salesperson to pay the reasonable, but no more than actual, costs of obtaining a report under section 122 about the applicant or salesperson.\nThe requirement is a criminal history costs requirement .\nThe chief executive may notify the applicant or salesperson of the requirement to pay a criminal history costs requirement—\nin the approved form; or\non the department’s website; or\nin a written notice given by the chief executive to the applicant or salesperson.\nIf the criminal history costs requirement is made in a written notice given by the chief executive to the applicant or salesperson, the notice must include a requirement for the costs to be paid within a stated reasonable period.\nThe applicant or salesperson is taken to have withdrawn the application if, within the stated reasonable period, the applicant or salesperson fails to comply with the chief executive’s requirement to pay the criminal history costs requirement.\nThe chief executive must refund to the applicant or salesperson an amount paid under the requirement if—\nthe chief executive refuses the application without asking for the report; or\nthe applicant withdraws the application before the chief executive asks for the report.\nIn this section—\napplicant includes proposed applicant.\n(sec.124-ssec.1) The chief executive may require an applicant for registration as a real estate salesperson or a real estate salesperson to pay the reasonable, but no more than actual, costs of obtaining a report under section 122 about the applicant or salesperson.\n(sec.124-ssec.2) The requirement is a criminal history costs requirement .\n(sec.124-ssec.3) The chief executive may notify the applicant or salesperson of the requirement to pay a criminal history costs requirement— in the approved form; or on the department’s website; or in a written notice given by the chief executive to the applicant or salesperson.\n(sec.124-ssec.4) If the criminal history costs requirement is made in a written notice given by the chief executive to the applicant or salesperson, the notice must include a requirement for the costs to be paid within a stated reasonable period.\n(sec.124-ssec.5) The applicant or salesperson is taken to have withdrawn the application if, within the stated reasonable period, the applicant or salesperson fails to comply with the chief executive’s requirement to pay the criminal history costs requirement.\n(sec.124-ssec.6) The chief executive must refund to the applicant or salesperson an amount paid under the requirement if— the chief executive refuses the application without asking for the report; or the applicant withdraws the application before the chief executive asks for the report.\n(sec.124-ssec.7) In this section— applicant includes proposed applicant.\n- (a) in the approved form; or\n- (b) on the department’s website; or\n- (c) in a written notice given by the chief executive to the applicant or salesperson.\n- (a) the chief executive refuses the application without asking for the report; or\n- (b) the applicant withdraws the application before the chief executive asks for the report.","sortOrder":163},{"sectionNumber":"sec.125","sectionType":"section","heading":"Use of information obtained under s 122 or 123","content":"### sec.125 Use of information obtained under s 122 or 123\n\nSubsection (2) applies to the chief executive in considering information about a person obtained under section 122 or 123 .\nInformation about a conviction of the person may be used only for making a decision as to whether the person is, or continues to be, a suitable person to hold registration as a real estate salesperson.\nSubsection (4) applies to the chief executive in considering information about a person obtained under section 123 .\nInformation about a charge against the person may not be relied on as a basis for making a decision as to whether the person is, or continues to be, a suitable person to hold registration as a real estate salesperson.\n(sec.125-ssec.1) Subsection (2) applies to the chief executive in considering information about a person obtained under section 122 or 123 .\n(sec.125-ssec.2) Information about a conviction of the person may be used only for making a decision as to whether the person is, or continues to be, a suitable person to hold registration as a real estate salesperson.\n(sec.125-ssec.3) Subsection (4) applies to the chief executive in considering information about a person obtained under section 123 .\n(sec.125-ssec.4) Information about a charge against the person may not be relied on as a basis for making a decision as to whether the person is, or continues to be, a suitable person to hold registration as a real estate salesperson.","sortOrder":164},{"sectionNumber":"sec.126","sectionType":"section","heading":"Confidentiality of criminal history","content":"### sec.126 Confidentiality of criminal history\n\nA public service employee performing functions under this Act must not, directly or indirectly, disclose to anyone else—\na report about a person’s criminal history, or information contained in the report, given under section 122 ; or\nany of the contents of a notice given under section 123 (2) .\nMaximum penalty—100 penalty units.\nHowever, the person does not contravene subsection (1) if—\ndisclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or relating to this Act; or\nthe disclosure is otherwise required or permitted by law.\nThe chief executive must destroy the following as soon as practicable after considering a person’s suitability to hold registration as a real estate salesperson—\na written report about the person’s criminal history;\na notice given under section 123 (2) about the person.\n(sec.126-ssec.1) A public service employee performing functions under this Act must not, directly or indirectly, disclose to anyone else— a report about a person’s criminal history, or information contained in the report, given under section 122 ; or any of the contents of a notice given under section 123 (2) . Maximum penalty—100 penalty units.\n(sec.126-ssec.2) However, the person does not contravene subsection (1) if— disclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or relating to this Act; or the disclosure is otherwise required or permitted by law.\n(sec.126-ssec.3) The chief executive must destroy the following as soon as practicable after considering a person’s suitability to hold registration as a real estate salesperson— a written report about the person’s criminal history; a notice given under section 123 (2) about the person.\n- (a) a report about a person’s criminal history, or information contained in the report, given under section 122 ; or\n- (b) any of the contents of a notice given under section 123 (2) .\n- (a) disclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or relating to this Act; or\n- (b) the disclosure is otherwise required or permitted by law.\n- (a) a written report about the person’s criminal history;\n- (b) a notice given under section 123 (2) about the person.","sortOrder":165},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Eligibility for registration","content":"## Eligibility for registration","sortOrder":166},{"sectionNumber":"sec.127","sectionType":"section","heading":"Eligibility for registration as real estate salesperson","content":"### sec.127 Eligibility for registration as real estate salesperson\n\nAn individual is eligible for registration as a real estate salesperson only if the individual—\nis at least 18 years; and\nhas the educational or other qualifications for registration approved by the chief executive.\nThe chief executive must publish the approved qualifications on the department’s website.\nAn individual is to be taken to satisfy the requirement mentioned in subsection (1) (b) if the chief executive is satisfied the individual—\nhas a comparable qualification to the qualification mentioned in subsection (1) (b) ; or\nwithin 2 years before the day the individual’s application for registration was received by the chief executive—\nhas held a registration certificate or licence under this Act; or\nhas held a comparable certificate or licence under PAMDA .\ns 127 amd 2024 No. 27 s 113\n(sec.127-ssec.1) An individual is eligible for registration as a real estate salesperson only if the individual— is at least 18 years; and has the educational or other qualifications for registration approved by the chief executive.\n(sec.127-ssec.2) The chief executive must publish the approved qualifications on the department’s website.\n(sec.127-ssec.3) An individual is to be taken to satisfy the requirement mentioned in subsection (1) (b) if the chief executive is satisfied the individual— has a comparable qualification to the qualification mentioned in subsection (1) (b) ; or within 2 years before the day the individual’s application for registration was received by the chief executive— has held a registration certificate or licence under this Act; or has held a comparable certificate or licence under PAMDA .\n- (a) is at least 18 years; and\n- (b) has the educational or other qualifications for registration approved by the chief executive.\n- (a) has a comparable qualification to the qualification mentioned in subsection (1) (b) ; or\n- (b) within 2 years before the day the individual’s application for registration was received by the chief executive— (i) has held a registration certificate or licence under this Act; or (ii) has held a comparable certificate or licence under PAMDA .\n- (i) has held a registration certificate or licence under this Act; or\n- (ii) has held a comparable certificate or licence under PAMDA .\n- (i) has held a registration certificate or licence under this Act; or\n- (ii) has held a comparable certificate or licence under PAMDA .","sortOrder":167},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Issue of registration certificate","content":"## Issue of registration certificate","sortOrder":168},{"sectionNumber":"sec.128","sectionType":"section","heading":"Chief executive may issue or refuse to issue registration certificate","content":"### sec.128 Chief executive may issue or refuse to issue registration certificate\n\nThe chief executive may decide to issue or refuse to issue a registration certificate to an applicant.\nThe chief executive may decide to issue a registration certificate to an applicant only if the chief executive is satisfied—\nthe applicant is a suitable person to obtain registration; and\nthe applicant is eligible to obtain registration; and\nthe application is made under section 117 .\nIf the chief executive decides to refuse to issue the registration certificate, the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\nIf the chief executive decides to refuse the applicant’s application for a registration certificate, the applicant may not make another application for a registration certificate—\nfor 3 months after the day the chief executive gives the applicant the information notice under subsection (3) ; or\nif the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed, for 3 months after the day the decision is confirmed.\n(sec.128-ssec.1) The chief executive may decide to issue or refuse to issue a registration certificate to an applicant.\n(sec.128-ssec.2) The chief executive may decide to issue a registration certificate to an applicant only if the chief executive is satisfied— the applicant is a suitable person to obtain registration; and the applicant is eligible to obtain registration; and the application is made under section 117 .\n(sec.128-ssec.3) If the chief executive decides to refuse to issue the registration certificate, the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\n(sec.128-ssec.4) If the chief executive decides to refuse the applicant’s application for a registration certificate, the applicant may not make another application for a registration certificate— for 3 months after the day the chief executive gives the applicant the information notice under subsection (3) ; or if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed, for 3 months after the day the decision is confirmed.\n- (a) the applicant is a suitable person to obtain registration; and\n- (b) the applicant is eligible to obtain registration; and\n- (c) the application is made under section 117 .\n- (a) for 3 months after the day the chief executive gives the applicant the information notice under subsection (3) ; or\n- (b) if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed, for 3 months after the day the decision is confirmed.","sortOrder":169},{"sectionNumber":"sec.129","sectionType":"section","heading":"Registration certificate—conditions","content":"### sec.129 Registration certificate—conditions\n\nThe chief executive may decide to issue a registration certificate on the conditions the chief executive considers necessary or desirable—\nfor the proper performance of the activities authorised by the certificate; or\nfor another purpose consistent with the achievement of the objects of this Act or the Administration Act .\nIf the chief executive decides to issue a registration certificate to a person who is or has been an insolvent under administration, the chief executive may issue the certificate subject to a condition that the person not receive, bank or otherwise be responsible for dealing with trust account moneys.\nA condition may limit or prohibit the performance of an activity authorised under this Act or the Administration Act .\nIf the chief executive decides to issue the certificate on conditions, the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\n(sec.129-ssec.1) The chief executive may decide to issue a registration certificate on the conditions the chief executive considers necessary or desirable— for the proper performance of the activities authorised by the certificate; or for another purpose consistent with the achievement of the objects of this Act or the Administration Act . If the chief executive decides to issue a registration certificate to a person who is or has been an insolvent under administration, the chief executive may issue the certificate subject to a condition that the person not receive, bank or otherwise be responsible for dealing with trust account moneys.\n(sec.129-ssec.2) A condition may limit or prohibit the performance of an activity authorised under this Act or the Administration Act .\n(sec.129-ssec.3) If the chief executive decides to issue the certificate on conditions, the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.\n- (a) for the proper performance of the activities authorised by the certificate; or\n- (b) for another purpose consistent with the achievement of the objects of this Act or the Administration Act .","sortOrder":170},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Renewal and restoration of registration certificates","content":"## Renewal and restoration of registration certificates","sortOrder":171},{"sectionNumber":"sec.130","sectionType":"section","heading":"Application for renewal","content":"### sec.130 Application for renewal\n\nA real estate salesperson may only apply for renewal of the salesperson’s registration certificate before the certificate expires.\nThe application must—\nbe made to the chief executive in the approved form; and\nstate the term of the registration being applied for; and\nbe accompanied by—\nthe application fee prescribed under a regulation; and\nthe registration certificate renewal fee prescribed under a regulation; and\nif, before or when the application is made, a criminal history costs requirement is made of the real estate salesperson—the amount of the costs required to be paid; and\nif section 151B (1) applies to the real estate salesperson—a statement that the person has, for each CPD year ending within the term of the person’s current registration certificate, complied with section 151B (1) or evidence that exceptional circumstances apply.\ns 130 amd 2024 No. 27 s 114\n(sec.130-ssec.1) A real estate salesperson may only apply for renewal of the salesperson’s registration certificate before the certificate expires.\n(sec.130-ssec.2) The application must— be made to the chief executive in the approved form; and state the term of the registration being applied for; and be accompanied by— the application fee prescribed under a regulation; and the registration certificate renewal fee prescribed under a regulation; and if, before or when the application is made, a criminal history costs requirement is made of the real estate salesperson—the amount of the costs required to be paid; and if section 151B (1) applies to the real estate salesperson—a statement that the person has, for each CPD year ending within the term of the person’s current registration certificate, complied with section 151B (1) or evidence that exceptional circumstances apply.\n- (a) be made to the chief executive in the approved form; and\n- (b) state the term of the registration being applied for; and\n- (c) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) the registration certificate renewal fee prescribed under a regulation; and (iii) if, before or when the application is made, a criminal history costs requirement is made of the real estate salesperson—the amount of the costs required to be paid; and (iv) if section 151B (1) applies to the real estate salesperson—a statement that the person has, for each CPD year ending within the term of the person’s current registration certificate, complied with section 151B (1) or evidence that exceptional circumstances apply.\n- (i) the application fee prescribed under a regulation; and\n- (ii) the registration certificate renewal fee prescribed under a regulation; and\n- (iii) if, before or when the application is made, a criminal history costs requirement is made of the real estate salesperson—the amount of the costs required to be paid; and\n- (iv) if section 151B (1) applies to the real estate salesperson—a statement that the person has, for each CPD year ending within the term of the person’s current registration certificate, complied with section 151B (1) or evidence that exceptional circumstances apply.\n- (i) the application fee prescribed under a regulation; and\n- (ii) the registration certificate renewal fee prescribed under a regulation; and\n- (iii) if, before or when the application is made, a criminal history costs requirement is made of the real estate salesperson—the amount of the costs required to be paid; and\n- (iv) if section 151B (1) applies to the real estate salesperson—a statement that the person has, for each CPD year ending within the term of the person’s current registration certificate, complied with section 151B (1) or evidence that exceptional circumstances apply.","sortOrder":172},{"sectionNumber":"sec.131","sectionType":"section","heading":"Chief executive may renew or refuse to renew registration certificate","content":"### sec.131 Chief executive may renew or refuse to renew registration certificate\n\nThe chief executive must consider the renewal application and decide to renew or refuse to renew the registration certificate.\nThe chief executive may decide to renew the certificate only if the chief executive is satisfied—\nthe real estate salesperson is a suitable person to obtain registration; and\nthe application is made under section 130 (2) ; and\nthe real estate salesperson meets the eligibility requirements, other than eligibility requirements of an educational nature, for the certificate.\nIf section 151B (1) applies to the real estate salesperson, the chief executive must, in deciding whether to renew or refuse to renew the registration certificate, have regard to whether—\nthe real estate salesperson has complied with section 151B (1) for each CPD year ending within the term of the salesperson’s current registration certificate; or\nthe real estate salesperson has not complied with section 151B (1) for each CPD year ending within the term of the salesperson’s current registration certificate but exceptional circumstances apply.\nIf the chief executive decides to refuse the application, the chief executive must give the real estate salesperson an information notice about the decision within 14 days after making the decision.\ns 131 amd 2024 No. 27 s 115\n(sec.131-ssec.1) The chief executive must consider the renewal application and decide to renew or refuse to renew the registration certificate.\n(sec.131-ssec.2) The chief executive may decide to renew the certificate only if the chief executive is satisfied— the real estate salesperson is a suitable person to obtain registration; and the application is made under section 130 (2) ; and the real estate salesperson meets the eligibility requirements, other than eligibility requirements of an educational nature, for the certificate.\n(sec.131-ssec.3) If section 151B (1) applies to the real estate salesperson, the chief executive must, in deciding whether to renew or refuse to renew the registration certificate, have regard to whether— the real estate salesperson has complied with section 151B (1) for each CPD year ending within the term of the salesperson’s current registration certificate; or the real estate salesperson has not complied with section 151B (1) for each CPD year ending within the term of the salesperson’s current registration certificate but exceptional circumstances apply.\n(sec.131-ssec.4) If the chief executive decides to refuse the application, the chief executive must give the real estate salesperson an information notice about the decision within 14 days after making the decision.\n- (a) the real estate salesperson is a suitable person to obtain registration; and\n- (b) the application is made under section 130 (2) ; and\n- (c) the real estate salesperson meets the eligibility requirements, other than eligibility requirements of an educational nature, for the certificate.\n- (a) the real estate salesperson has complied with section 151B (1) for each CPD year ending within the term of the salesperson’s current registration certificate; or\n- (b) the real estate salesperson has not complied with section 151B (1) for each CPD year ending within the term of the salesperson’s current registration certificate but exceptional circumstances apply.","sortOrder":173},{"sectionNumber":"sec.132","sectionType":"section","heading":"Registration certificate taken to be in force while application for renewal is considered","content":"### sec.132 Registration certificate taken to be in force while application for renewal is considered\n\nIf an application is made under section 130 , the real estate salesperson’s registration certificate is taken to continue in force from the day that it would, apart from this section, have expired until the application for renewal is decided under section 131 or taken to have been withdrawn under section 119 (3) .","sortOrder":174},{"sectionNumber":"sec.133","sectionType":"section","heading":"Application for restoration","content":"### sec.133 Application for restoration\n\nIf a person’s registration certificate expires, the person may apply for restoration of the certificate.\nThe application must—\nbe made to the chief executive in the approved form; and\nbe made within 3 months after the expiry; and\nstate the term of the registration being applied for; and\nbe accompanied by—\nthe application fee prescribed under a regulation; and\nthe registration renewal fee prescribed under a regulation; and\nthe registration restoration fee prescribed under a regulation; and\nif the person was required as a condition of the person’s registration to hold insurance—proof of the currency of the insurance; and\nif, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and\nif section 151B (1) applied to the person in relation to the expired registration certificate—a statement that the person complied with section 151B (1) for each CPD year ending within the term of the person’s expired registration certificate, or evidence that exceptional circumstances applied.\ns 133 amd 2024 No. 27 s 116\n(sec.133-ssec.1) If a person’s registration certificate expires, the person may apply for restoration of the certificate.\n(sec.133-ssec.2) The application must— be made to the chief executive in the approved form; and be made within 3 months after the expiry; and state the term of the registration being applied for; and be accompanied by— the application fee prescribed under a regulation; and the registration renewal fee prescribed under a regulation; and the registration restoration fee prescribed under a regulation; and if the person was required as a condition of the person’s registration to hold insurance—proof of the currency of the insurance; and if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and if section 151B (1) applied to the person in relation to the expired registration certificate—a statement that the person complied with section 151B (1) for each CPD year ending within the term of the person’s expired registration certificate, or evidence that exceptional circumstances applied.\n- (a) be made to the chief executive in the approved form; and\n- (b) be made within 3 months after the expiry; and\n- (c) state the term of the registration being applied for; and\n- (d) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) the registration renewal fee prescribed under a regulation; and (iii) the registration restoration fee prescribed under a regulation; and (iv) if the person was required as a condition of the person’s registration to hold insurance—proof of the currency of the insurance; and (v) if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and (vi) if section 151B (1) applied to the person in relation to the expired registration certificate—a statement that the person complied with section 151B (1) for each CPD year ending within the term of the person’s expired registration certificate, or evidence that exceptional circumstances applied.\n- (i) the application fee prescribed under a regulation; and\n- (ii) the registration renewal fee prescribed under a regulation; and\n- (iii) the registration restoration fee prescribed under a regulation; and\n- (iv) if the person was required as a condition of the person’s registration to hold insurance—proof of the currency of the insurance; and\n- (v) if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and\n- (vi) if section 151B (1) applied to the person in relation to the expired registration certificate—a statement that the person complied with section 151B (1) for each CPD year ending within the term of the person’s expired registration certificate, or evidence that exceptional circumstances applied.\n- (i) the application fee prescribed under a regulation; and\n- (ii) the registration renewal fee prescribed under a regulation; and\n- (iii) the registration restoration fee prescribed under a regulation; and\n- (iv) if the person was required as a condition of the person’s registration to hold insurance—proof of the currency of the insurance; and\n- (v) if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and\n- (vi) if section 151B (1) applied to the person in relation to the expired registration certificate—a statement that the person complied with section 151B (1) for each CPD year ending within the term of the person’s expired registration certificate, or evidence that exceptional circumstances applied.","sortOrder":175},{"sectionNumber":"sec.134","sectionType":"section","heading":"Registration certificate taken to be in force while application for restoration is considered","content":"### sec.134 Registration certificate taken to be in force while application for restoration is considered\n\nIf an application is made under section 133 , the real estate salesperson’s registration certificate is taken to continue in force from the day that it would, apart from this section, have expired until the application for restoration is decided under section 134 or taken to have been withdrawn under section 119 (3) .","sortOrder":176},{"sectionNumber":"sec.135","sectionType":"section","heading":"Chief executive may restore or refuse to restore registration certificate","content":"### sec.135 Chief executive may restore or refuse to restore registration certificate\n\nThe chief executive must consider the restoration application and may decide to restore or refuse to restore the registration certificate.\nThe chief executive may decide to restore the certificate only if the chief executive is satisfied—\nthe person is a suitable person for registration as a real estate salesperson; and\nthe application is made under section 133 (2) ; and\nthe person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the certificate.\nIf section 151B (1) applied to the real estate salesperson in relation to the expired registration certificate, the chief executive must, in deciding whether to restore or refuse to restore the registration certificate, have regard to whether—\nthe real estate salesperson complied with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate; or\nthe real estate salesperson did not comply with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate but exceptional circumstances applied.\nIf the chief executive decides to refuse the application, the chief executive must give the person an information notice about the decision within 14 days after making the decision.\nIf the chief executive decides to restore the certificate—\nthe certificate is taken to have been renewed on the day it would, apart from section 134 , have expired (the initial expiry date ); and\nto remove any doubt, it is declared that a thing done during the period starting on the initial expiry date and ending on the day the decision is made is taken to have been as validly done as it would have been if the certificate had been renewed immediately before the initial expiry date.\ns 135 amd 2024 No. 27 s 117\n(sec.135-ssec.1) The chief executive must consider the restoration application and may decide to restore or refuse to restore the registration certificate.\n(sec.135-ssec.2) The chief executive may decide to restore the certificate only if the chief executive is satisfied— the person is a suitable person for registration as a real estate salesperson; and the application is made under section 133 (2) ; and the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the certificate.\n(sec.135-ssec.3) If section 151B (1) applied to the real estate salesperson in relation to the expired registration certificate, the chief executive must, in deciding whether to restore or refuse to restore the registration certificate, have regard to whether— the real estate salesperson complied with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate; or the real estate salesperson did not comply with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate but exceptional circumstances applied.\n(sec.135-ssec.4) If the chief executive decides to refuse the application, the chief executive must give the person an information notice about the decision within 14 days after making the decision.\n(sec.135-ssec.5) If the chief executive decides to restore the certificate— the certificate is taken to have been renewed on the day it would, apart from section 134 , have expired (the initial expiry date ); and to remove any doubt, it is declared that a thing done during the period starting on the initial expiry date and ending on the day the decision is made is taken to have been as validly done as it would have been if the certificate had been renewed immediately before the initial expiry date.\n- (a) the person is a suitable person for registration as a real estate salesperson; and\n- (b) the application is made under section 133 (2) ; and\n- (c) the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the certificate.\n- (a) the real estate salesperson complied with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate; or\n- (b) the real estate salesperson did not comply with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate but exceptional circumstances applied.\n- (a) the certificate is taken to have been renewed on the day it would, apart from section 134 , have expired (the initial expiry date ); and\n- (b) to remove any doubt, it is declared that a thing done during the period starting on the initial expiry date and ending on the day the decision is made is taken to have been as validly done as it would have been if the certificate had been renewed immediately before the initial expiry date.","sortOrder":177},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":"Dealings with registration certificates","content":"## Dealings with registration certificates","sortOrder":178},{"sectionNumber":"sec.136","sectionType":"section","heading":"Transfer of registration certificate prohibited","content":"### sec.136 Transfer of registration certificate prohibited\n\nA registration certificate may not be transferred.","sortOrder":179},{"sectionNumber":"sec.137","sectionType":"section","heading":"Offence to sell, lend or borrow registration certificate","content":"### sec.137 Offence to sell, lend or borrow registration certificate\n\nA real estate salesperson must not—\nsell, lend or hire out the salesperson’s registration certificate to someone else; or\nnotify or advertise that a registration certificate is available for sale, loan or hire to someone else, whether registered or not; or\npermit or allow someone else to hold out that the person is the holder of the registration certificate issued to the salesperson.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not buy, borrow or hire a registration certificate.\nMaximum penalty—200 penalty units or 2 years imprisonment.\n(sec.137-ssec.1) A real estate salesperson must not— sell, lend or hire out the salesperson’s registration certificate to someone else; or notify or advertise that a registration certificate is available for sale, loan or hire to someone else, whether registered or not; or permit or allow someone else to hold out that the person is the holder of the registration certificate issued to the salesperson. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.137-ssec.2) A person must not buy, borrow or hire a registration certificate. Maximum penalty—200 penalty units or 2 years imprisonment.\n- (a) sell, lend or hire out the salesperson’s registration certificate to someone else; or\n- (b) notify or advertise that a registration certificate is available for sale, loan or hire to someone else, whether registered or not; or\n- (c) permit or allow someone else to hold out that the person is the holder of the registration certificate issued to the salesperson.","sortOrder":180},{"sectionNumber":"sec.138","sectionType":"section","heading":"Amendment of registration certificate conditions","content":"### sec.138 Amendment of registration certificate conditions\n\nThe chief executive may amend the conditions of a registration certificate—\non the real estate salesperson’s application; or\non the order of QCAT after a disciplinary hearing; or\non the chief executive’s own initiative.\nQCAT may deal with the conditions of a person’s registration certificate under section 186 .\nAn application under subsection (1) (a) must be made to the chief executive in the approved form and be accompanied by the application fee prescribed under a regulation.\nBefore making an amendment under subsection (1) (a) , the chief executive must be satisfied the real estate salesperson meets the eligibility requirements the chief executive considers relevant to the amendment.\nBefore making an amendment under subsection (1) (c) , the chief executive must—\ngive written notice to the real estate salesperson—\nof the particulars of the proposed amendment; and\nthat the real estate salesperson may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the salesperson; and\nhave regard to submissions made to the chief executive by the real estate salesperson before the stated day.\nSubsection (4) does not apply if the chief executive decides the amendment must be made urgently to ensure compliance with this Act or the Administration Act .\nIf the chief executive decides to amend the conditions of a registration certificate under subsection (1) (c) , the chief executive must give the real estate salesperson an information notice about the decision within 14 days after making the decision.\nThe amendment takes effect—\non the day the written notice of the amendment is given to the real estate salesperson; or\nif a later day is stated in the notice, on the stated day.\nIf the chief executive decides to refuse to make an amendment requested under subsection (1) (a) , the chief executive must give the real estate salesperson an information notice about the decision within 14 days after making the decision.\n(sec.138-ssec.1) The chief executive may amend the conditions of a registration certificate— on the real estate salesperson’s application; or on the order of QCAT after a disciplinary hearing; or on the chief executive’s own initiative. QCAT may deal with the conditions of a person’s registration certificate under section 186 .\n(sec.138-ssec.2) An application under subsection (1) (a) must be made to the chief executive in the approved form and be accompanied by the application fee prescribed under a regulation.\n(sec.138-ssec.3) Before making an amendment under subsection (1) (a) , the chief executive must be satisfied the real estate salesperson meets the eligibility requirements the chief executive considers relevant to the amendment.\n(sec.138-ssec.4) Before making an amendment under subsection (1) (c) , the chief executive must— give written notice to the real estate salesperson— of the particulars of the proposed amendment; and that the real estate salesperson may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the salesperson; and have regard to submissions made to the chief executive by the real estate salesperson before the stated day.\n(sec.138-ssec.5) Subsection (4) does not apply if the chief executive decides the amendment must be made urgently to ensure compliance with this Act or the Administration Act .\n(sec.138-ssec.6) If the chief executive decides to amend the conditions of a registration certificate under subsection (1) (c) , the chief executive must give the real estate salesperson an information notice about the decision within 14 days after making the decision.\n(sec.138-ssec.7) The amendment takes effect— on the day the written notice of the amendment is given to the real estate salesperson; or if a later day is stated in the notice, on the stated day.\n(sec.138-ssec.8) If the chief executive decides to refuse to make an amendment requested under subsection (1) (a) , the chief executive must give the real estate salesperson an information notice about the decision within 14 days after making the decision.\n- (a) on the real estate salesperson’s application; or\n- (b) on the order of QCAT after a disciplinary hearing; or\n- (c) on the chief executive’s own initiative.\n- (a) give written notice to the real estate salesperson— (i) of the particulars of the proposed amendment; and (ii) that the real estate salesperson may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the salesperson; and\n- (i) of the particulars of the proposed amendment; and\n- (ii) that the real estate salesperson may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the salesperson; and\n- (b) have regard to submissions made to the chief executive by the real estate salesperson before the stated day.\n- (i) of the particulars of the proposed amendment; and\n- (ii) that the real estate salesperson may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the salesperson; and\n- (a) on the day the written notice of the amendment is given to the real estate salesperson; or\n- (b) if a later day is stated in the notice, on the stated day.","sortOrder":181},{"sectionNumber":"sec.139","sectionType":"section","heading":"Return of registration certificate for amendment of conditions","content":"### sec.139 Return of registration certificate for amendment of conditions\n\nThe chief executive may require a real estate salesperson to produce the salesperson’s registration certificate for amendment or replacement within a stated period of not less than 14 days if the chief executive intends to—\namend the conditions of the certificate under section 138 ; or\nreplace the certificate under section 147 (5) .\nThe holder must comply with a requirement under subsection (1) , unless the holder has a reasonable excuse.\nMaximum penalty for subsection (2) —100 penalty units.\n(sec.139-ssec.1) The chief executive may require a real estate salesperson to produce the salesperson’s registration certificate for amendment or replacement within a stated period of not less than 14 days if the chief executive intends to— amend the conditions of the certificate under section 138 ; or replace the certificate under section 147 (5) .\n(sec.139-ssec.2) The holder must comply with a requirement under subsection (1) , unless the holder has a reasonable excuse. Maximum penalty for subsection (2) —100 penalty units.\n- (a) amend the conditions of the certificate under section 138 ; or\n- (b) replace the certificate under section 147 (5) .","sortOrder":182},{"sectionNumber":"sec.140","sectionType":"section","heading":"Return of registration certificate when suspended or cancelled","content":"### sec.140 Return of registration certificate when suspended or cancelled\n\nA person whose registration certificate has been suspended or cancelled must return the registration certificate to the chief executive within 14 days after the suspension or cancellation, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply if section 142 (5) or 143 (2) applies.\n(sec.140-ssec.1) A person whose registration certificate has been suspended or cancelled must return the registration certificate to the chief executive within 14 days after the suspension or cancellation, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.140-ssec.2) Subsection (1) does not apply if section 142 (5) or 143 (2) applies.","sortOrder":183},{"sectionNumber":"sec.141","sectionType":"section","heading":"Surrender of registration certificate","content":"### sec.141 Surrender of registration certificate\n\nA real estate salesperson may surrender the salesperson’s registration certificate by giving written notice, and returning the certificate, to the chief executive.\nA registration certificate surrendered under this section stops having effect on the day it is surrendered.\n(sec.141-ssec.1) A real estate salesperson may surrender the salesperson’s registration certificate by giving written notice, and returning the certificate, to the chief executive.\n(sec.141-ssec.2) A registration certificate surrendered under this section stops having effect on the day it is surrendered.","sortOrder":184},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":"Immediate suspension and cancellation of registration certificates","content":"## Immediate suspension and cancellation of registration certificates","sortOrder":185},{"sectionNumber":"sec.142","sectionType":"section","heading":"Immediate suspension","content":"### sec.142 Immediate suspension\n\nThis section applies if the chief executive believes, on reasonable grounds, that—\na real estate salesperson’s registration certificate, or a renewal or restoration of the registration certificate, was obtained because of materially incorrect or misleading information; or\nboth—\nan irregularity or deficiency exists in a licensee’s trust account; and\na real estate salesperson employed by the licensee may be responsible for the irregularity or deficiency; or\na real estate salesperson—\nhas contravened or is contravening this Act or the Administration Act ; or\nhas contravened PAMDA ; or\nis likely or proposing to engage in conduct that would contravene this Act or the Administration Act .\nThe chief executive may suspend the real estate salesperson’s registration certificate, whether or not disciplinary proceedings have been started under this Act.\nThe certificate may be suspended for the period, of not more than 28 days, and on the conditions, the chief executive decides.\nThe chief executive must give the real estate salesperson an information notice about the suspension within 14 days after suspending the registration.\nThe real estate salesperson must return the certificate to the chief executive within 14 days after receiving the notice, unless the real estate salesperson has a reasonable excuse.\nMaximum penalty for subsection (5) —100 penalty units.\n(sec.142-ssec.1) This section applies if the chief executive believes, on reasonable grounds, that— a real estate salesperson’s registration certificate, or a renewal or restoration of the registration certificate, was obtained because of materially incorrect or misleading information; or both— an irregularity or deficiency exists in a licensee’s trust account; and a real estate salesperson employed by the licensee may be responsible for the irregularity or deficiency; or a real estate salesperson— has contravened or is contravening this Act or the Administration Act ; or has contravened PAMDA ; or is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .\n(sec.142-ssec.2) The chief executive may suspend the real estate salesperson’s registration certificate, whether or not disciplinary proceedings have been started under this Act.\n(sec.142-ssec.3) The certificate may be suspended for the period, of not more than 28 days, and on the conditions, the chief executive decides.\n(sec.142-ssec.4) The chief executive must give the real estate salesperson an information notice about the suspension within 14 days after suspending the registration.\n(sec.142-ssec.5) The real estate salesperson must return the certificate to the chief executive within 14 days after receiving the notice, unless the real estate salesperson has a reasonable excuse. Maximum penalty for subsection (5) —100 penalty units.\n- (a) a real estate salesperson’s registration certificate, or a renewal or restoration of the registration certificate, was obtained because of materially incorrect or misleading information; or\n- (b) both— (i) an irregularity or deficiency exists in a licensee’s trust account; and (ii) a real estate salesperson employed by the licensee may be responsible for the irregularity or deficiency; or\n- (i) an irregularity or deficiency exists in a licensee’s trust account; and\n- (ii) a real estate salesperson employed by the licensee may be responsible for the irregularity or deficiency; or\n- (c) a real estate salesperson— (i) has contravened or is contravening this Act or the Administration Act ; or (ii) has contravened PAMDA ; or (iii) is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .\n- (i) has contravened or is contravening this Act or the Administration Act ; or\n- (ii) has contravened PAMDA ; or\n- (iii) is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .\n- (i) an irregularity or deficiency exists in a licensee’s trust account; and\n- (ii) a real estate salesperson employed by the licensee may be responsible for the irregularity or deficiency; or\n- (i) has contravened or is contravening this Act or the Administration Act ; or\n- (ii) has contravened PAMDA ; or\n- (iii) is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .","sortOrder":186},{"sectionNumber":"sec.143","sectionType":"section","heading":"Immediate cancellation","content":"### sec.143 Immediate cancellation\n\nA real estate salesperson’s registration certificate is cancelled if the real estate salesperson is convicted of a serious offence.\nThe real estate salesperson must return the certificate to the chief executive within 14 days after the conviction, unless the real estate salesperson has a reasonable excuse.\nMaximum penalty for subsection (2) —100 penalty units.\n(sec.143-ssec.1) A real estate salesperson’s registration certificate is cancelled if the real estate salesperson is convicted of a serious offence.\n(sec.143-ssec.2) The real estate salesperson must return the certificate to the chief executive within 14 days after the conviction, unless the real estate salesperson has a reasonable excuse. Maximum penalty for subsection (2) —100 penalty units.","sortOrder":187},{"sectionNumber":"pt.5-div.10","sectionType":"division","heading":"General provisions about employee registration","content":"## General provisions about employee registration","sortOrder":188},{"sectionNumber":"sec.144","sectionType":"section","heading":"Form of registration certificate","content":"### sec.144 Form of registration certificate\n\nA registration certificate must be in the approved form.\nHowever, the chief executive may approve—\na form of certificate for office display purposes; and\na form of certificate that may be framed and displayed in an office\na form of certificate for personal identification purposes.\nThe certificate must contain the following particulars—\nthe name of the real estate salesperson;\nthe date of issue of the certificate;\nthe expiry date of the certificate;\nother particulars prescribed under a regulation.\n(sec.144-ssec.1) A registration certificate must be in the approved form.\n(sec.144-ssec.2) However, the chief executive may approve— a form of certificate for office display purposes; and a form of certificate that may be framed and displayed in an office a form of certificate for personal identification purposes.\n(sec.144-ssec.3) The certificate must contain the following particulars— the name of the real estate salesperson; the date of issue of the certificate; the expiry date of the certificate; other particulars prescribed under a regulation.\n- (a) a form of certificate for office display purposes; and Example— a form of certificate that may be framed and displayed in an office\n- (b) a form of certificate for personal identification purposes.\n- (a) the name of the real estate salesperson;\n- (b) the date of issue of the certificate;\n- (c) the expiry date of the certificate;\n- (d) other particulars prescribed under a regulation.","sortOrder":189},{"sectionNumber":"sec.145","sectionType":"section","heading":"Requirement to keep copy of registration certificate available for inspection","content":"### sec.145 Requirement to keep copy of registration certificate available for inspection\n\nA real estate salesperson must keep a copy of the salesperson’s registration certificate available for inspection at each place of business where the salesperson is employed as a real estate salesperson.\nMaximum penalty—100 penalty units.","sortOrder":190},{"sectionNumber":"sec.146","sectionType":"section","heading":"Term of registration certificate","content":"### sec.146 Term of registration certificate\n\nA registration certificate may be issued for a 1-year or 3-year term.","sortOrder":191},{"sectionNumber":"sec.147","sectionType":"section","heading":"Replacement certificates","content":"### sec.147 Replacement certificates\n\nA real estate salesperson may apply to the chief executive for the replacement of a lost, stolen, destroyed or damaged registration certificate.\nThe application must be made in the approved form.\nThe chief executive must grant the application if the chief executive is satisfied the certificate has been lost, stolen or destroyed, or damaged in a way to require its replacement.\nIf the chief executive grants the application, the chief executive must issue another registration certificate to the applicant to replace the lost, stolen, destroyed or damaged certificate.\nThe chief executive may also replace a registration certificate if—\neither—\nthe holder of the registration certificate has given written notice to the chief executive of a prescribed change under section 149 ; or\nthe chief executive reasonably believes a prescribed change for the holder of the registration certificate has happened; and\nthe chief executive is satisfied that the prescribed change requires a replacement of the registration certificate.\nIf the chief executive replaces a registration certificate under this section—\nthe registration certificate continues to be subject to the same conditions and term that the registration certificate was subject to before being replaced; and\nthe holder of the registration certificate must pay the chief executive the fee prescribed under a regulation.\n(sec.147-ssec.1) A real estate salesperson may apply to the chief executive for the replacement of a lost, stolen, destroyed or damaged registration certificate.\n(sec.147-ssec.2) The application must be made in the approved form.\n(sec.147-ssec.3) The chief executive must grant the application if the chief executive is satisfied the certificate has been lost, stolen or destroyed, or damaged in a way to require its replacement.\n(sec.147-ssec.4) If the chief executive grants the application, the chief executive must issue another registration certificate to the applicant to replace the lost, stolen, destroyed or damaged certificate.\n(sec.147-ssec.5) The chief executive may also replace a registration certificate if— either— the holder of the registration certificate has given written notice to the chief executive of a prescribed change under section 149 ; or the chief executive reasonably believes a prescribed change for the holder of the registration certificate has happened; and the chief executive is satisfied that the prescribed change requires a replacement of the registration certificate.\n(sec.147-ssec.6) If the chief executive replaces a registration certificate under this section— the registration certificate continues to be subject to the same conditions and term that the registration certificate was subject to before being replaced; and the holder of the registration certificate must pay the chief executive the fee prescribed under a regulation.\n- (a) either— (i) the holder of the registration certificate has given written notice to the chief executive of a prescribed change under section 149 ; or (ii) the chief executive reasonably believes a prescribed change for the holder of the registration certificate has happened; and\n- (i) the holder of the registration certificate has given written notice to the chief executive of a prescribed change under section 149 ; or\n- (ii) the chief executive reasonably believes a prescribed change for the holder of the registration certificate has happened; and\n- (b) the chief executive is satisfied that the prescribed change requires a replacement of the registration certificate.\n- (i) the holder of the registration certificate has given written notice to the chief executive of a prescribed change under section 149 ; or\n- (ii) the chief executive reasonably believes a prescribed change for the holder of the registration certificate has happened; and\n- (a) the registration certificate continues to be subject to the same conditions and term that the registration certificate was subject to before being replaced; and\n- (b) the holder of the registration certificate must pay the chief executive the fee prescribed under a regulation.","sortOrder":192},{"sectionNumber":"sec.148","sectionType":"section","heading":"Register of registration certificates","content":"### sec.148 Register of registration certificates\n\nThe chief executive must keep a register of registration certificates and applications for registration certificates ( registration certificate register ).\nThe registration certificate register may form part of the licence register.\nThe registration certificate register must contain the following particulars—\nfor each applicant for a registration certificate—\nthe applicant’s name; and\nthe date of the application; and\nthe application number;\nfor each real estate salesperson—\nthe salesperson’s name; and\nthe dates of issue and expiry of the salesperson’s current registration certificate; and\nany conditions imposed on the certificate; and\nthe salesperson’s registration certificate number; and\nparticulars of any surrender, suspension or cancellation of the salesperson’s registration certificate.\nA person may, on payment of the fee prescribed under a regulation, inspect, or get a copy of details in, the part of the register containing the particulars mentioned in subsection (3) —\nat a place or places decided by the chief executive; or\nby using a computer.\nA person may pay the fee, in advance or in arrears, under an arrangement approved by the chief executive.\nThe register may be kept in the way the chief executive considers appropriate.\nIn this section—\ncontain includes record and store.\n(sec.148-ssec.1) The chief executive must keep a register of registration certificates and applications for registration certificates ( registration certificate register ).\n(sec.148-ssec.2) The registration certificate register may form part of the licence register.\n(sec.148-ssec.3) The registration certificate register must contain the following particulars— for each applicant for a registration certificate— the applicant’s name; and the date of the application; and the application number; for each real estate salesperson— the salesperson’s name; and the dates of issue and expiry of the salesperson’s current registration certificate; and any conditions imposed on the certificate; and the salesperson’s registration certificate number; and particulars of any surrender, suspension or cancellation of the salesperson’s registration certificate.\n(sec.148-ssec.4) A person may, on payment of the fee prescribed under a regulation, inspect, or get a copy of details in, the part of the register containing the particulars mentioned in subsection (3) — at a place or places decided by the chief executive; or by using a computer.\n(sec.148-ssec.5) A person may pay the fee, in advance or in arrears, under an arrangement approved by the chief executive.\n(sec.148-ssec.6) The register may be kept in the way the chief executive considers appropriate.\n(sec.148-ssec.7) In this section— contain includes record and store.\n- (a) for each applicant for a registration certificate— (i) the applicant’s name; and (ii) the date of the application; and (iii) the application number;\n- (i) the applicant’s name; and\n- (ii) the date of the application; and\n- (iii) the application number;\n- (b) for each real estate salesperson— (i) the salesperson’s name; and (ii) the dates of issue and expiry of the salesperson’s current registration certificate; and (iii) any conditions imposed on the certificate; and (iv) the salesperson’s registration certificate number; and (v) particulars of any surrender, suspension or cancellation of the salesperson’s registration certificate.\n- (i) the salesperson’s name; and\n- (ii) the dates of issue and expiry of the salesperson’s current registration certificate; and\n- (iii) any conditions imposed on the certificate; and\n- (iv) the salesperson’s registration certificate number; and\n- (v) particulars of any surrender, suspension or cancellation of the salesperson’s registration certificate.\n- (i) the applicant’s name; and\n- (ii) the date of the application; and\n- (iii) the application number;\n- (i) the salesperson’s name; and\n- (ii) the dates of issue and expiry of the salesperson’s current registration certificate; and\n- (iii) any conditions imposed on the certificate; and\n- (iv) the salesperson’s registration certificate number; and\n- (v) particulars of any surrender, suspension or cancellation of the salesperson’s registration certificate.\n- (a) at a place or places decided by the chief executive; or\n- (b) by using a computer.","sortOrder":193},{"sectionNumber":"sec.149","sectionType":"section","heading":"Real estate salespersons to notify chief executive of changes in circumstances","content":"### sec.149 Real estate salespersons to notify chief executive of changes in circumstances\n\nA real estate salesperson must give written notice to the chief executive of a prescribed change in the salesperson’s circumstances within 14 days after the change.\nMaximum penalty—100 penalty units.\nIn this section—\nprescribed change means a change prescribed under a regulation.\n(sec.149-ssec.1) A real estate salesperson must give written notice to the chief executive of a prescribed change in the salesperson’s circumstances within 14 days after the change. Maximum penalty—100 penalty units.\n(sec.149-ssec.2) In this section— prescribed change means a change prescribed under a regulation.","sortOrder":194},{"sectionNumber":"sec.150","sectionType":"section","heading":"Production of registration certificate","content":"### sec.150 Production of registration certificate\n\nA real estate salesperson must, if asked by a person with whom the salesperson is dealing, produce the salesperson’s registration certificate for inspection by the person.\nMaximum penalty—100 penalty units.","sortOrder":195},{"sectionNumber":"sec.151","sectionType":"section","heading":"Acting as real estate salesperson","content":"### sec.151 Acting as real estate salesperson\n\nA person must not act as a real estate salesperson unless the person holds a registration certificate.\nMaximum penalty—200 penalty units.\nA person does not act as a real estate salesperson merely because the person, while performing duties as an employee of a real estate agent at the real estate agent’s registered office or other place of business—\ncollects, and issues receipts for, rents; or\ngives a person a list, prepared by or for the real estate agent, of premises available for rent; or\ndoes something of an administrative nature relating to a thing the real estate agent does as a real estate agent.\nIn this section—\nact as a real estate salesperson , for a person, includes hold out that the person is a real estate salesperson.\n(sec.151-ssec.1) A person must not act as a real estate salesperson unless the person holds a registration certificate. Maximum penalty—200 penalty units.\n(sec.151-ssec.2) A person does not act as a real estate salesperson merely because the person, while performing duties as an employee of a real estate agent at the real estate agent’s registered office or other place of business— collects, and issues receipts for, rents; or gives a person a list, prepared by or for the real estate agent, of premises available for rent; or does something of an administrative nature relating to a thing the real estate agent does as a real estate agent.\n(sec.151-ssec.3) In this section— act as a real estate salesperson , for a person, includes hold out that the person is a real estate salesperson.\n- (a) collects, and issues receipts for, rents; or\n- (b) gives a person a list, prepared by or for the real estate agent, of premises available for rent; or\n- (c) does something of an administrative nature relating to a thing the real estate agent does as a real estate agent.","sortOrder":196},{"sectionNumber":"pt.5-div.11","sectionType":"division","heading":"Continuing professional development","content":"## Continuing professional development","sortOrder":197},{"sectionNumber":"sec.151A","sectionType":"section","heading":"Definitions for division","content":"### sec.151A Definitions for division\n\nIn this division—\nCPD requirements , for a real estate salesperson, means the continuing professional development requirements for the real estate salesperson approved by the chief executive under section 151D .\nCPD year , for a registration certificate, means—\na period of 12 months ending on the day before an anniversary of the date the registration certificate was first issued; or\na period approved by the chief executive under section 151E .\ns 151A ins 2024 No. 27 s 118\n- (a) a period of 12 months ending on the day before an anniversary of the date the registration certificate was first issued; or\n- (b) a period approved by the chief executive under section 151E .","sortOrder":198},{"sectionNumber":"sec.151B","sectionType":"section","heading":"Real estate salespersons to complete CPD requirements","content":"### sec.151B Real estate salespersons to complete CPD requirements\n\nA real estate salesperson must complete the CPD requirements for each CPD year for the salesperson’s registration certificate.\nA real estate salesperson’s 3-year registration certificate is issued on 1 September 2025. Under subsection (2) , the person is not required to complete the CPD requirements for the CPD year between 1 September 2025 and 31 August 2026. Under this subsection, the person is required to complete the CPD requirements for the CPD year between 1 September 2026 and 31 August 2027 and for the CPD year between 1 September 2027 and 31 August 2028 (and for later CPD years if the registration certificate is renewed).\nSubsection (1) does not apply to a real estate salesperson for the first CPD year that the person holds their registration certificate.\nIf a real estate salesperson holds more than 1 authority, subsection (1) applies to the salesperson only if the authority with the earliest date of original issue is a registration certificate.\nIn this section—\nauthority means a licence or a registration certificate.\ndate of original issue , of an authority, means the date on which the authority was first issued (before any subsequent renewal or restoration of the authority).\ns 151B ins 2024 No. 27 s 118\n(sec.151B-ssec.1) A real estate salesperson must complete the CPD requirements for each CPD year for the salesperson’s registration certificate. A real estate salesperson’s 3-year registration certificate is issued on 1 September 2025. Under subsection (2) , the person is not required to complete the CPD requirements for the CPD year between 1 September 2025 and 31 August 2026. Under this subsection, the person is required to complete the CPD requirements for the CPD year between 1 September 2026 and 31 August 2027 and for the CPD year between 1 September 2027 and 31 August 2028 (and for later CPD years if the registration certificate is renewed).\n(sec.151B-ssec.2) Subsection (1) does not apply to a real estate salesperson for the first CPD year that the person holds their registration certificate.\n(sec.151B-ssec.3) If a real estate salesperson holds more than 1 authority, subsection (1) applies to the salesperson only if the authority with the earliest date of original issue is a registration certificate.\n(sec.151B-ssec.4) In this section— authority means a licence or a registration certificate. date of original issue , of an authority, means the date on which the authority was first issued (before any subsequent renewal or restoration of the authority).","sortOrder":199},{"sectionNumber":"sec.151C","sectionType":"section","heading":"Record of completed CPD requirements","content":"### sec.151C Record of completed CPD requirements\n\nA real estate salesperson to whom section 151B (1) applies must keep a record of the CPD requirements completed by the person.\nMaximum penalty—10 penalty units.\nThe real estate salesperson must keep the record for 5 years after the end of the CPD year to which the record relates.\nMaximum penalty—10 penalty units.\ns 151C ins 2024 No. 27 s 118\n(sec.151C-ssec.1) A real estate salesperson to whom section 151B (1) applies must keep a record of the CPD requirements completed by the person. Maximum penalty—10 penalty units.\n(sec.151C-ssec.2) The real estate salesperson must keep the record for 5 years after the end of the CPD year to which the record relates. Maximum penalty—10 penalty units.","sortOrder":200},{"sectionNumber":"sec.151D","sectionType":"section","heading":"Chief executive to approve and publish CPD requirements","content":"### sec.151D Chief executive to approve and publish CPD requirements\n\nThe chief executive must approve continuing professional development requirements for real estate salespersons.\nThe chief executive must publish the CPD requirements on the department’s website.\ns 151D ins 2024 No. 27 s 118\n(sec.151D-ssec.1) The chief executive must approve continuing professional development requirements for real estate salespersons.\n(sec.151D-ssec.2) The chief executive must publish the CPD requirements on the department’s website.","sortOrder":201},{"sectionNumber":"sec.151E","sectionType":"section","heading":"Chief executive may approve adjusted CPD year","content":"### sec.151E Chief executive may approve adjusted CPD year\n\nThe chief executive may, on their own initiative or on application by a real estate salesperson, approve a period as a CPD year for the salesperson’s registration certificate.\nThe chief executive must give the salesperson notice of the approved period and the day on which the period starts.\ns 151E ins 2024 No. 27 s 118\n(sec.151E-ssec.1) The chief executive may, on their own initiative or on application by a real estate salesperson, approve a period as a CPD year for the salesperson’s registration certificate.\n(sec.151E-ssec.2) The chief executive must give the salesperson notice of the approved period and the day on which the period starts.","sortOrder":202},{"sectionNumber":"pt.6","sectionType":"part","heading":"Disclosure requirements—licensees, real estate salespersons, property developers and marketeers","content":"# Disclosure requirements—licensees, real estate salespersons, property developers and marketeers","sortOrder":203},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":204},{"sectionNumber":"sec.152","sectionType":"section","heading":"Definition for pt 6","content":"### sec.152 Definition for pt 6\n\nIn this part—\nobtain includes being in any way concerned in obtaining.","sortOrder":205},{"sectionNumber":"sec.153","sectionType":"section","heading":"Meaning of beneficial interest","content":"### sec.153 Meaning of beneficial interest\n\nFor this Act, a licensee is taken to have a beneficial interest in property, for example, if—\nthe purchase of the property is made for the licensee or an associate of the licensee; or\nan option to purchase the property is held by the licensee or an associate of the licensee; or\nthe purchase of the property is made for a corporation (having not more than 100 members) of which the licensee or an associate of the licensee is a member; or\nan option to purchase the property is held by a corporation (having not more than 100 members) of which the licensee or an associate of the licensee is a member; or\nthe purchase of the property is made for a corporation of which the licensee or an associate of the licensee is an executive officer; or\nan option to purchase the property is held by a corporation of which the licensee or an associate of the licensee is an executive officer; or\nfor a licensee that is a corporation—\nthe purchase of the property is made for an executive officer of the licensee or an associate of the executive officer; or\nan option to purchase the property is held by an executive officer of the licensee or an associate of the executive officer; or\nthe purchase of the property is made for a member of a firm or partnership of which the licensee or an associate of the licensee is also a member; or\nthe purchase of the property is made for a person carrying on a business for profit or gain and the licensee or an associate of the licensee has, directly or indirectly, a right to participate in the income or profits of the person’s business or the purchase of the property.\nFor this Act, a real estate salesperson is taken to have a beneficial interest in property, for example, if—\nthe purchase of the property is made for the real estate salesperson or an associate of the salesperson; or\nthe real estate salesperson or an associate of the salesperson has an option to purchase the property; or\nthe purchase of the property is made for a corporation (having not more than 100 members) of which the real estate salesperson or an associate of the salesperson is a member; or\nan option to purchase the property is held by a corporation (having not more than 100 members) of which the real estate salesperson or an associate of the salesperson is a member; or\nthe purchase of the property is made for a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or\nan option to purchase the property is held by a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or\nthe purchase of the property is made for an executive officer of a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or\nan option to purchase the property is held by an executive officer of a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or\nthe purchase of the property is made for a member of a firm or partnership of which the real estate salesperson or an associate of the salesperson is also a member; or\nthe purchase of the property is made for a person carrying on a business for profit or gain and the real estate salesperson or an associate of the salesperson has, directly or indirectly, a right to participate in the income or profits of the person’s business or the purchase of the property.\n(sec.153-ssec.1) For this Act, a licensee is taken to have a beneficial interest in property, for example, if— the purchase of the property is made for the licensee or an associate of the licensee; or an option to purchase the property is held by the licensee or an associate of the licensee; or the purchase of the property is made for a corporation (having not more than 100 members) of which the licensee or an associate of the licensee is a member; or an option to purchase the property is held by a corporation (having not more than 100 members) of which the licensee or an associate of the licensee is a member; or the purchase of the property is made for a corporation of which the licensee or an associate of the licensee is an executive officer; or an option to purchase the property is held by a corporation of which the licensee or an associate of the licensee is an executive officer; or for a licensee that is a corporation— the purchase of the property is made for an executive officer of the licensee or an associate of the executive officer; or an option to purchase the property is held by an executive officer of the licensee or an associate of the executive officer; or the purchase of the property is made for a member of a firm or partnership of which the licensee or an associate of the licensee is also a member; or the purchase of the property is made for a person carrying on a business for profit or gain and the licensee or an associate of the licensee has, directly or indirectly, a right to participate in the income or profits of the person’s business or the purchase of the property.\n(sec.153-ssec.2) For this Act, a real estate salesperson is taken to have a beneficial interest in property, for example, if— the purchase of the property is made for the real estate salesperson or an associate of the salesperson; or the real estate salesperson or an associate of the salesperson has an option to purchase the property; or the purchase of the property is made for a corporation (having not more than 100 members) of which the real estate salesperson or an associate of the salesperson is a member; or an option to purchase the property is held by a corporation (having not more than 100 members) of which the real estate salesperson or an associate of the salesperson is a member; or the purchase of the property is made for a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or an option to purchase the property is held by a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or the purchase of the property is made for an executive officer of a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or an option to purchase the property is held by an executive officer of a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or the purchase of the property is made for a member of a firm or partnership of which the real estate salesperson or an associate of the salesperson is also a member; or the purchase of the property is made for a person carrying on a business for profit or gain and the real estate salesperson or an associate of the salesperson has, directly or indirectly, a right to participate in the income or profits of the person’s business or the purchase of the property.\n- (a) the purchase of the property is made for the licensee or an associate of the licensee; or\n- (b) an option to purchase the property is held by the licensee or an associate of the licensee; or\n- (c) the purchase of the property is made for a corporation (having not more than 100 members) of which the licensee or an associate of the licensee is a member; or\n- (d) an option to purchase the property is held by a corporation (having not more than 100 members) of which the licensee or an associate of the licensee is a member; or\n- (e) the purchase of the property is made for a corporation of which the licensee or an associate of the licensee is an executive officer; or\n- (f) an option to purchase the property is held by a corporation of which the licensee or an associate of the licensee is an executive officer; or\n- (g) for a licensee that is a corporation— (i) the purchase of the property is made for an executive officer of the licensee or an associate of the executive officer; or (ii) an option to purchase the property is held by an executive officer of the licensee or an associate of the executive officer; or\n- (i) the purchase of the property is made for an executive officer of the licensee or an associate of the executive officer; or\n- (ii) an option to purchase the property is held by an executive officer of the licensee or an associate of the executive officer; or\n- (h) the purchase of the property is made for a member of a firm or partnership of which the licensee or an associate of the licensee is also a member; or\n- (i) the purchase of the property is made for a person carrying on a business for profit or gain and the licensee or an associate of the licensee has, directly or indirectly, a right to participate in the income or profits of the person’s business or the purchase of the property.\n- (i) the purchase of the property is made for an executive officer of the licensee or an associate of the executive officer; or\n- (ii) an option to purchase the property is held by an executive officer of the licensee or an associate of the executive officer; or\n- (a) the purchase of the property is made for the real estate salesperson or an associate of the salesperson; or\n- (b) the real estate salesperson or an associate of the salesperson has an option to purchase the property; or\n- (c) the purchase of the property is made for a corporation (having not more than 100 members) of which the real estate salesperson or an associate of the salesperson is a member; or\n- (d) an option to purchase the property is held by a corporation (having not more than 100 members) of which the real estate salesperson or an associate of the salesperson is a member; or\n- (e) the purchase of the property is made for a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or\n- (f) an option to purchase the property is held by a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or\n- (g) the purchase of the property is made for an executive officer of a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or\n- (h) an option to purchase the property is held by an executive officer of a corporation of which the real estate salesperson or an associate of the salesperson is an executive officer; or\n- (i) the purchase of the property is made for a member of a firm or partnership of which the real estate salesperson or an associate of the salesperson is also a member; or\n- (j) the purchase of the property is made for a person carrying on a business for profit or gain and the real estate salesperson or an associate of the salesperson has, directly or indirectly, a right to participate in the income or profits of the person’s business or the purchase of the property.","sortOrder":206},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Beneficial interest disclosure—licensees and real estate salespersons","content":"## Beneficial interest disclosure—licensees and real estate salespersons","sortOrder":207},{"sectionNumber":"sec.154","sectionType":"section","heading":"Beneficial interest—options","content":"### sec.154 Beneficial interest—options\n\nThis section applies to property placed by a person ( client ) with a property agent for sale.\nThe property agent commits an offence if the agent obtains from the client an option to purchase the property in which the agent has a beneficial interest.\nMaximum penalty—200 penalty units or 3 years imprisonment.\nA real estate salesperson employed by the real estate agent commits an offence if the salesperson obtains from the client an option to purchase the property in which the salesperson has a beneficial interest.\nMaximum penalty—200 penalty units or 3 years imprisonment.\nThe property agent must not sell the property if the agent obtains a beneficial interest in an option to purchase the property.\nMaximum penalty—200 penalty units or 3 years imprisonment.\nA person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n(sec.154-ssec.1) This section applies to property placed by a person ( client ) with a property agent for sale.\n(sec.154-ssec.2) The property agent commits an offence if the agent obtains from the client an option to purchase the property in which the agent has a beneficial interest. Maximum penalty—200 penalty units or 3 years imprisonment.\n(sec.154-ssec.3) A real estate salesperson employed by the real estate agent commits an offence if the salesperson obtains from the client an option to purchase the property in which the salesperson has a beneficial interest. Maximum penalty—200 penalty units or 3 years imprisonment.\n(sec.154-ssec.4) The property agent must not sell the property if the agent obtains a beneficial interest in an option to purchase the property. Maximum penalty—200 penalty units or 3 years imprisonment. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.","sortOrder":208},{"sectionNumber":"sec.155","sectionType":"section","heading":"Beneficial interest—other than options","content":"### sec.155 Beneficial interest—other than options\n\nThis section applies to property placed by a person ( client ) with a property agent for sale, but does not apply if section 154 applies.\nThe property agent commits an offence if the agent obtains a beneficial interest in the property.\nMaximum penalty—200 penalty units or 3 years imprisonment.\nA real estate salesperson employed by the property agent commits an offence if the salesperson obtains a beneficial interest in the property.\nMaximum penalty—200 penalty units or 3 years imprisonment.\nA property agent or real estate salesperson does not contravene subsection (2) or (3) if—\nthe property agent or real estate salesperson—\nbefore a contract for the sale of the property is entered into, obtains the client’s written acknowledgement in the approved form that the client—\nis aware that the property agent or real estate salesperson is interested in obtaining a beneficial interest in the property; and\nconsents to the property agent or real estate salesperson obtaining the interest; and\nacts fairly and honestly in relation to the sale; and\nthe client is in substantially as good a position as the client would be if the property were sold at fair market value.\nA person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n(sec.155-ssec.1) This section applies to property placed by a person ( client ) with a property agent for sale, but does not apply if section 154 applies.\n(sec.155-ssec.2) The property agent commits an offence if the agent obtains a beneficial interest in the property. Maximum penalty—200 penalty units or 3 years imprisonment.\n(sec.155-ssec.3) A real estate salesperson employed by the property agent commits an offence if the salesperson obtains a beneficial interest in the property. Maximum penalty—200 penalty units or 3 years imprisonment.\n(sec.155-ssec.4) A property agent or real estate salesperson does not contravene subsection (2) or (3) if— the property agent or real estate salesperson— before a contract for the sale of the property is entered into, obtains the client’s written acknowledgement in the approved form that the client— is aware that the property agent or real estate salesperson is interested in obtaining a beneficial interest in the property; and consents to the property agent or real estate salesperson obtaining the interest; and acts fairly and honestly in relation to the sale; and the client is in substantially as good a position as the client would be if the property were sold at fair market value. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n- (a) the property agent or real estate salesperson— (i) before a contract for the sale of the property is entered into, obtains the client’s written acknowledgement in the approved form that the client— (A) is aware that the property agent or real estate salesperson is interested in obtaining a beneficial interest in the property; and (B) consents to the property agent or real estate salesperson obtaining the interest; and (ii) acts fairly and honestly in relation to the sale; and\n- (i) before a contract for the sale of the property is entered into, obtains the client’s written acknowledgement in the approved form that the client— (A) is aware that the property agent or real estate salesperson is interested in obtaining a beneficial interest in the property; and (B) consents to the property agent or real estate salesperson obtaining the interest; and\n- (A) is aware that the property agent or real estate salesperson is interested in obtaining a beneficial interest in the property; and\n- (B) consents to the property agent or real estate salesperson obtaining the interest; and\n- (ii) acts fairly and honestly in relation to the sale; and\n- (b) the client is in substantially as good a position as the client would be if the property were sold at fair market value.\n- (i) before a contract for the sale of the property is entered into, obtains the client’s written acknowledgement in the approved form that the client— (A) is aware that the property agent or real estate salesperson is interested in obtaining a beneficial interest in the property; and (B) consents to the property agent or real estate salesperson obtaining the interest; and\n- (A) is aware that the property agent or real estate salesperson is interested in obtaining a beneficial interest in the property; and\n- (B) consents to the property agent or real estate salesperson obtaining the interest; and\n- (ii) acts fairly and honestly in relation to the sale; and\n- (A) is aware that the property agent or real estate salesperson is interested in obtaining a beneficial interest in the property; and\n- (B) consents to the property agent or real estate salesperson obtaining the interest; and","sortOrder":209},{"sectionNumber":"sec.156","sectionType":"section","heading":"Return of beneficial interest if in form of commission","content":"### sec.156 Return of beneficial interest if in form of commission\n\nThis section applies if—\na person is convicted of an offence against section 155 (2) or (3) ; and\nthe court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or kept from someone (the client ) for whom the person performed an activity an amount of commission.\nThe court must order the person to pay the amount to the client.\nThe order must be made whether or not a penalty is imposed on the conviction.\nThe client may file the order in a court having jurisdiction for the recovery of a debt of an equal amount and the order may be enforced as if it were a judgment of that court.\nThis section does not prevent the client bringing a civil action against the person in relation to the offence.\n(sec.156-ssec.1) This section applies if— a person is convicted of an offence against section 155 (2) or (3) ; and the court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or kept from someone (the client ) for whom the person performed an activity an amount of commission.\n(sec.156-ssec.2) The court must order the person to pay the amount to the client.\n(sec.156-ssec.3) The order must be made whether or not a penalty is imposed on the conviction.\n(sec.156-ssec.4) The client may file the order in a court having jurisdiction for the recovery of a debt of an equal amount and the order may be enforced as if it were a judgment of that court.\n(sec.156-ssec.5) This section does not prevent the client bringing a civil action against the person in relation to the offence.\n- (a) a person is convicted of an offence against section 155 (2) or (3) ; and\n- (b) the court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or kept from someone (the client ) for whom the person performed an activity an amount of commission.","sortOrder":210},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Disclosure of interest for residential property—licensees and real estate salespersons","content":"## Disclosure of interest for residential property—licensees and real estate salespersons","sortOrder":211},{"sectionNumber":"sec.157","sectionType":"section","heading":"Disclosures to prospective buyer","content":"### sec.157 Disclosures to prospective buyer\n\nA residential property agent for the sale of residential property must disclose the following to any prospective buyer of the property—\nany relationship, and the nature of the relationship (whether personal or commercial), the agent has with an entity (a referred entity ) to whom the agent refers the buyer for professional services associated with the sale;\na family relationship\na business relationship, other than a casual business relationship\na fiduciary relationship\na relationship in which 1 person is accustomed, or obliged, to act under the directions, instructions, or wishes of the other\nwhether the agent derives or expects to derive a benefit from a referred entity and, if so, the amount or value of the benefit;\nif the agent derives or expects to derive a benefit from a referred entity—\nfor a referred entity who is an individual—the individual’s full name; or\nfor a referred entity that has a registered business name—the registered business name;\nthe amount, value or nature of a benefit an entity has received, receives, or expects to receive in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property;\nif an entity has received, receives, or expects to receive a benefit in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property—\nfor an entity that is an individual—the individual’s full name; or\nfor an entity that has a registered business name—the registered business name.\naccountant\nfinance broker\nfinancial adviser\nfinancier\nproperty valuer\nresidential property agent\nseller\nsolicitor\nMaximum penalty—200 penalty units.\nHowever, subsection (1) (d) and (e) does not apply if—\nthe entity is the residential property agent; and\nthe benefit is the amount the entity received, receives or expects to receive by way of fee, charge or commission from the seller for the sale.\nThe disclosure is effective for subsection (1) only if it is—\ngiven to the prospective buyer in the approved form before a contract of sale for the property is entered into; and\nacknowledged by the prospective buyer in writing on the approved form before a contract for the sale of the property is entered into.\nIn this section—\nbenefit means monetary or other benefit.\nresidential property includes a proposed home that—\nis to be erected or constructed under a domestic building contract; and\nis being marketed in connection with marketing land.\nresidential property agent means—\na property agent; or\na real estate salesperson acting for a real estate agent; or\na person performing an activity in contravention of section 97 (1) ; or\na person acting as a property agent in contravention of section 97 (2) ; or\na person acting as a real estate salesperson in contravention of section 151 (1) .\ns 157 amd 2014 No. 46 s 65\n(sec.157-ssec.1) A residential property agent for the sale of residential property must disclose the following to any prospective buyer of the property— any relationship, and the nature of the relationship (whether personal or commercial), the agent has with an entity (a referred entity ) to whom the agent refers the buyer for professional services associated with the sale; a family relationship a business relationship, other than a casual business relationship a fiduciary relationship a relationship in which 1 person is accustomed, or obliged, to act under the directions, instructions, or wishes of the other whether the agent derives or expects to derive a benefit from a referred entity and, if so, the amount or value of the benefit; if the agent derives or expects to derive a benefit from a referred entity— for a referred entity who is an individual—the individual’s full name; or for a referred entity that has a registered business name—the registered business name; the amount, value or nature of a benefit an entity has received, receives, or expects to receive in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property; if an entity has received, receives, or expects to receive a benefit in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property— for an entity that is an individual—the individual’s full name; or for an entity that has a registered business name—the registered business name. accountant finance broker financial adviser financier property valuer residential property agent seller solicitor Maximum penalty—200 penalty units.\n(sec.157-ssec.2) However, subsection (1) (d) and (e) does not apply if— the entity is the residential property agent; and the benefit is the amount the entity received, receives or expects to receive by way of fee, charge or commission from the seller for the sale.\n(sec.157-ssec.3) The disclosure is effective for subsection (1) only if it is— given to the prospective buyer in the approved form before a contract of sale for the property is entered into; and acknowledged by the prospective buyer in writing on the approved form before a contract for the sale of the property is entered into.\n(sec.157-ssec.4) In this section— benefit means monetary or other benefit. residential property includes a proposed home that— is to be erected or constructed under a domestic building contract; and is being marketed in connection with marketing land. residential property agent means— a property agent; or a real estate salesperson acting for a real estate agent; or a person performing an activity in contravention of section 97 (1) ; or a person acting as a property agent in contravention of section 97 (2) ; or a person acting as a real estate salesperson in contravention of section 151 (1) .\n- (a) any relationship, and the nature of the relationship (whether personal or commercial), the agent has with an entity (a referred entity ) to whom the agent refers the buyer for professional services associated with the sale; Examples of relationships for paragraph (a) — • a family relationship • a business relationship, other than a casual business relationship • a fiduciary relationship • a relationship in which 1 person is accustomed, or obliged, to act under the directions, instructions, or wishes of the other\n- • a family relationship\n- • a business relationship, other than a casual business relationship\n- • a fiduciary relationship\n- • a relationship in which 1 person is accustomed, or obliged, to act under the directions, instructions, or wishes of the other\n- (b) whether the agent derives or expects to derive a benefit from a referred entity and, if so, the amount or value of the benefit;\n- (c) if the agent derives or expects to derive a benefit from a referred entity— (i) for a referred entity who is an individual—the individual’s full name; or (ii) for a referred entity that has a registered business name—the registered business name;\n- (i) for a referred entity who is an individual—the individual’s full name; or\n- (ii) for a referred entity that has a registered business name—the registered business name;\n- (d) the amount, value or nature of a benefit an entity has received, receives, or expects to receive in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property;\n- (e) if an entity has received, receives, or expects to receive a benefit in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property— (i) for an entity that is an individual—the individual’s full name; or (ii) for an entity that has a registered business name—the registered business name. Examples for paragraphs (d) and (e) of entities who may receive a benefit— • accountant • finance broker • financial adviser • financier • property valuer • residential property agent • seller • solicitor\n- (i) for an entity that is an individual—the individual’s full name; or\n- (ii) for an entity that has a registered business name—the registered business name.\n- • accountant\n- • finance broker\n- • financial adviser\n- • financier\n- • property valuer\n- • residential property agent\n- • seller\n- • solicitor\n- • a family relationship\n- • a business relationship, other than a casual business relationship\n- • a fiduciary relationship\n- • a relationship in which 1 person is accustomed, or obliged, to act under the directions, instructions, or wishes of the other\n- (i) for a referred entity who is an individual—the individual’s full name; or\n- (ii) for a referred entity that has a registered business name—the registered business name;\n- (i) for an entity that is an individual—the individual’s full name; or\n- (ii) for an entity that has a registered business name—the registered business name.\n- • accountant\n- • finance broker\n- • financial adviser\n- • financier\n- • property valuer\n- • residential property agent\n- • seller\n- • solicitor\n- (a) the entity is the residential property agent; and\n- (b) the benefit is the amount the entity received, receives or expects to receive by way of fee, charge or commission from the seller for the sale.\n- (a) given to the prospective buyer in the approved form before a contract of sale for the property is entered into; and\n- (b) acknowledged by the prospective buyer in writing on the approved form before a contract for the sale of the property is entered into.\n- (a) is to be erected or constructed under a domestic building contract; and\n- (b) is being marketed in connection with marketing land.\n- (a) a property agent; or\n- (b) a real estate salesperson acting for a real estate agent; or\n- (c) a person performing an activity in contravention of section 97 (1) ; or\n- (d) a person acting as a property agent in contravention of section 97 (2) ; or\n- (e) a person acting as a real estate salesperson in contravention of section 151 (1) .","sortOrder":212},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Disclosure of interest for residential property—property developers","content":"## Disclosure of interest for residential property—property developers","sortOrder":213},{"sectionNumber":"sec.158","sectionType":"section","heading":"Disclosures to prospective buyer","content":"### sec.158 Disclosures to prospective buyer\n\nA property developer marketing residential property must disclose the following to a prospective buyer of the property—\nany relationship, and the nature of the relationship (whether personal or commercial), the property developer has with an entity (a referred entity ) to whom the property developer refers the buyer for professional services associated with the sale;\na family relationship\na business relationship, other than a casual business relationship\na fiduciary relationship\na relationship in which 1 person is accustomed, or obliged, to act in accordance with the directions, instructions, or wishes of the other\nwhether the property developer derives or expects to derive a benefit from a referred entity and, if so, the amount, value or nature of the benefit;\nif the property developer derives or expects to derive a benefit from a referred entity—\nfor a referred entity who is an individual—the individual’s full name; or\nfor a referred entity that has a registered business name—the registered business name;\nthe amount, value or nature of a benefit an entity has received, receives, or expects to receive in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property;\nif an entity has received, receives, or expects to receive a benefit in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property—\nfor an entity who is an individual—the individual’s full name; or\nfor an entity that has a registered business name—the registered business name;\naccountant\nfinance broker\nfinancial adviser\nfinancier\nproperty developer\nproperty valuer\nseller\nsolicitor\nthat the property developer holds an interest of at least 15% in the property.\nMaximum penalty—200 penalty units.\nThe disclosure is effective for subsection (1) only if it is—\ngiven to the prospective buyer in the approved form before a contract for the sale of the property is entered into; and\nacknowledged by the prospective buyer in writing on the approved form before a contract for the sale of the property is entered into.\nAlso, for subsection (1) (c) , disclosure in compliance with the approved form is sufficient.\nIn this section—\nbenefit means monetary or other benefit.\nresidential property includes a proposed home that—\nis to be erected or constructed under a domestic building contract; and\nis being marketed in connection with marketing land.\n(sec.158-ssec.1) A property developer marketing residential property must disclose the following to a prospective buyer of the property— any relationship, and the nature of the relationship (whether personal or commercial), the property developer has with an entity (a referred entity ) to whom the property developer refers the buyer for professional services associated with the sale; a family relationship a business relationship, other than a casual business relationship a fiduciary relationship a relationship in which 1 person is accustomed, or obliged, to act in accordance with the directions, instructions, or wishes of the other whether the property developer derives or expects to derive a benefit from a referred entity and, if so, the amount, value or nature of the benefit; if the property developer derives or expects to derive a benefit from a referred entity— for a referred entity who is an individual—the individual’s full name; or for a referred entity that has a registered business name—the registered business name; the amount, value or nature of a benefit an entity has received, receives, or expects to receive in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property; if an entity has received, receives, or expects to receive a benefit in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property— for an entity who is an individual—the individual’s full name; or for an entity that has a registered business name—the registered business name; accountant finance broker financial adviser financier property developer property valuer seller solicitor that the property developer holds an interest of at least 15% in the property. Maximum penalty—200 penalty units.\n(sec.158-ssec.2) The disclosure is effective for subsection (1) only if it is— given to the prospective buyer in the approved form before a contract for the sale of the property is entered into; and acknowledged by the prospective buyer in writing on the approved form before a contract for the sale of the property is entered into.\n(sec.158-ssec.3) Also, for subsection (1) (c) , disclosure in compliance with the approved form is sufficient.\n(sec.158-ssec.4) In this section— benefit means monetary or other benefit. residential property includes a proposed home that— is to be erected or constructed under a domestic building contract; and is being marketed in connection with marketing land.\n- (a) any relationship, and the nature of the relationship (whether personal or commercial), the property developer has with an entity (a referred entity ) to whom the property developer refers the buyer for professional services associated with the sale; Examples of relationships for paragraph (a) — • a family relationship • a business relationship, other than a casual business relationship • a fiduciary relationship • a relationship in which 1 person is accustomed, or obliged, to act in accordance with the directions, instructions, or wishes of the other\n- • a family relationship\n- • a business relationship, other than a casual business relationship\n- • a fiduciary relationship\n- • a relationship in which 1 person is accustomed, or obliged, to act in accordance with the directions, instructions, or wishes of the other\n- (b) whether the property developer derives or expects to derive a benefit from a referred entity and, if so, the amount, value or nature of the benefit;\n- (c) if the property developer derives or expects to derive a benefit from a referred entity— (i) for a referred entity who is an individual—the individual’s full name; or (ii) for a referred entity that has a registered business name—the registered business name;\n- (i) for a referred entity who is an individual—the individual’s full name; or\n- (ii) for a referred entity that has a registered business name—the registered business name;\n- (d) the amount, value or nature of a benefit an entity has received, receives, or expects to receive in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property;\n- (e) if an entity has received, receives, or expects to receive a benefit in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property— (i) for an entity who is an individual—the individual’s full name; or (ii) for an entity that has a registered business name—the registered business name; Examples for paragraph (e) of an entity who may receive a benefit— • accountant • finance broker • financial adviser • financier • property developer • property valuer • seller • solicitor\n- (i) for an entity who is an individual—the individual’s full name; or\n- (ii) for an entity that has a registered business name—the registered business name;\n- • accountant\n- • finance broker\n- • financial adviser\n- • financier\n- • property developer\n- • property valuer\n- • seller\n- • solicitor\n- (f) that the property developer holds an interest of at least 15% in the property.\n- • a family relationship\n- • a business relationship, other than a casual business relationship\n- • a fiduciary relationship\n- • a relationship in which 1 person is accustomed, or obliged, to act in accordance with the directions, instructions, or wishes of the other\n- (i) for a referred entity who is an individual—the individual’s full name; or\n- (ii) for a referred entity that has a registered business name—the registered business name;\n- (i) for an entity who is an individual—the individual’s full name; or\n- (ii) for an entity that has a registered business name—the registered business name;\n- • accountant\n- • finance broker\n- • financial adviser\n- • financier\n- • property developer\n- • property valuer\n- • seller\n- • solicitor\n- (a) given to the prospective buyer in the approved form before a contract for the sale of the property is entered into; and\n- (b) acknowledged by the prospective buyer in writing on the approved form before a contract for the sale of the property is entered into.\n- (a) is to be erected or constructed under a domestic building contract; and\n- (b) is being marketed in connection with marketing land.","sortOrder":214},{"sectionNumber":"pt.7","sectionType":"part","heading":"Residential property sales","content":"# Residential property sales","sortOrder":215},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":216},{"sectionNumber":"sec.159","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.159 Definitions for pt 7\n\nIn this part—\nbuyer , for a matter, includes the buyer’s agent authorised to act for the buyer for the matter.\ncooling-off period see section 166 .\nlisted means listed on a stock exchange.\nregistered bidder , for an auction, means a person who is registered, as prescribed under a regulation, as a bidder for the auction.\nrelevant contract see section 160 .\nseller , for a matter, includes the seller’s agent authorised to act for the seller for the matter.\ntermination penalty , for a relevant contract, means an amount equal to 0.25% of the purchase price under the relevant contract.","sortOrder":217},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Contracts this part applies to","content":"## Contracts this part applies to","sortOrder":218},{"sectionNumber":"sec.160","sectionType":"section","heading":"Contracts this part applies to","content":"### sec.160 Contracts this part applies to\n\nThis part applies to a contract, including a contract granting an option to purchase (a relevant contract )—\nfor the sale of residential property; but\ndoes not include—\na contract formed on a sale by auction; or\na contract entered into, by no later than 5p.m. on the second clear business day after the property was passed in at auction, with a registered bidder for the auction; or\na contract (a later contract ) formed because of the exercise of an option granted under an earlier contract, if the parties to the later contract are the same as the parties to the earlier contract; or\na contract if the buyer is a publicly listed corporation or a subsidiary of a publicly listed corporation; or\na contract if the buyer is the State or a statutory body; or\na contract if the buyer is purchasing at least 3 lots at the same time, whether or not in the 1 contract.\nThis part also applies to any other contract prescribed under a regulation (also a relevant contract ).\nIn this section—\nformed on a sale by auction means formed on sale by auction—\ndirectly on the fall of the hammer, by outcry; or\ndirectly at the end of another similar type of competition for purchase.\nA contract for the sale of property is formed on a sale by auction when the auctioneer declares the property sold on the fall of the hammer.\nA contract for the sale of property is not formed on a sale by auction when the property is passed in at auction and a bidder subsequently negotiates and purchases the property.\nA contract for the sale of property is not formed on a sale by auction when the contract arises directly out of a sale by tender process.\n(sec.160-ssec.1) This part applies to a contract, including a contract granting an option to purchase (a relevant contract )— for the sale of residential property; but does not include— a contract formed on a sale by auction; or a contract entered into, by no later than 5p.m. on the second clear business day after the property was passed in at auction, with a registered bidder for the auction; or a contract (a later contract ) formed because of the exercise of an option granted under an earlier contract, if the parties to the later contract are the same as the parties to the earlier contract; or a contract if the buyer is a publicly listed corporation or a subsidiary of a publicly listed corporation; or a contract if the buyer is the State or a statutory body; or a contract if the buyer is purchasing at least 3 lots at the same time, whether or not in the 1 contract.\n(sec.160-ssec.2) This part also applies to any other contract prescribed under a regulation (also a relevant contract ).\n(sec.160-ssec.3) In this section— formed on a sale by auction means formed on sale by auction— directly on the fall of the hammer, by outcry; or directly at the end of another similar type of competition for purchase. A contract for the sale of property is formed on a sale by auction when the auctioneer declares the property sold on the fall of the hammer. A contract for the sale of property is not formed on a sale by auction when the property is passed in at auction and a bidder subsequently negotiates and purchases the property. A contract for the sale of property is not formed on a sale by auction when the contract arises directly out of a sale by tender process.\n- (a) for the sale of residential property; but\n- (b) does not include— (i) a contract formed on a sale by auction; or (ii) a contract entered into, by no later than 5p.m. on the second clear business day after the property was passed in at auction, with a registered bidder for the auction; or (iii) a contract (a later contract ) formed because of the exercise of an option granted under an earlier contract, if the parties to the later contract are the same as the parties to the earlier contract; or (iv) a contract if the buyer is a publicly listed corporation or a subsidiary of a publicly listed corporation; or (v) a contract if the buyer is the State or a statutory body; or (vi) a contract if the buyer is purchasing at least 3 lots at the same time, whether or not in the 1 contract.\n- (i) a contract formed on a sale by auction; or\n- (ii) a contract entered into, by no later than 5p.m. on the second clear business day after the property was passed in at auction, with a registered bidder for the auction; or\n- (iii) a contract (a later contract ) formed because of the exercise of an option granted under an earlier contract, if the parties to the later contract are the same as the parties to the earlier contract; or\n- (iv) a contract if the buyer is a publicly listed corporation or a subsidiary of a publicly listed corporation; or\n- (v) a contract if the buyer is the State or a statutory body; or\n- (vi) a contract if the buyer is purchasing at least 3 lots at the same time, whether or not in the 1 contract.\n- (i) a contract formed on a sale by auction; or\n- (ii) a contract entered into, by no later than 5p.m. on the second clear business day after the property was passed in at auction, with a registered bidder for the auction; or\n- (iii) a contract (a later contract ) formed because of the exercise of an option granted under an earlier contract, if the parties to the later contract are the same as the parties to the earlier contract; or\n- (iv) a contract if the buyer is a publicly listed corporation or a subsidiary of a publicly listed corporation; or\n- (v) a contract if the buyer is the State or a statutory body; or\n- (vi) a contract if the buyer is purchasing at least 3 lots at the same time, whether or not in the 1 contract.\n- (a) directly on the fall of the hammer, by outcry; or\n- (b) directly at the end of another similar type of competition for purchase.\n- 1 A contract for the sale of property is formed on a sale by auction when the auctioneer declares the property sold on the fall of the hammer.\n- 2 A contract for the sale of property is not formed on a sale by auction when the property is passed in at auction and a bidder subsequently negotiates and purchases the property.\n- 3 A contract for the sale of property is not formed on a sale by auction when the contract arises directly out of a sale by tender process.","sortOrder":219},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Accounting requirements for property developers for relevant contracts","content":"## Accounting requirements for property developers for relevant contracts","sortOrder":220},{"sectionNumber":"sec.161","sectionType":"section","heading":"Application of div 3","content":"### sec.161 Application of div 3\n\nThis division applies if—\nthe seller under a relevant contract is a property developer; and\nthe relevant contract provides for the payment by the buyer under the relevant contract of an amount (a part payment ) for the purchase of property; and\nthe buyer is not entitled under the relevant contract to receive a registrable instrument of transfer of the property in exchange for the part payment.\na deposit payable under the relevant contract\nHowever, this division does not apply if the part payment is secured by a prescribed guarantee.\nIn this section—\nprescribed guarantee means a written guarantee—\ngiven by a financial institution, for the buyer, in favour of the seller; and\nunder which the financial institution is bound to pay, on demand, to the buyer the amount of the guarantee (whether or not the guarantee secures other obligations).\n(sec.161-ssec.1) This division applies if— the seller under a relevant contract is a property developer; and the relevant contract provides for the payment by the buyer under the relevant contract of an amount (a part payment ) for the purchase of property; and the buyer is not entitled under the relevant contract to receive a registrable instrument of transfer of the property in exchange for the part payment. a deposit payable under the relevant contract\n(sec.161-ssec.2) However, this division does not apply if the part payment is secured by a prescribed guarantee.\n(sec.161-ssec.3) In this section— prescribed guarantee means a written guarantee— given by a financial institution, for the buyer, in favour of the seller; and under which the financial institution is bound to pay, on demand, to the buyer the amount of the guarantee (whether or not the guarantee secures other obligations).\n- (a) the seller under a relevant contract is a property developer; and\n- (b) the relevant contract provides for the payment by the buyer under the relevant contract of an amount (a part payment ) for the purchase of property; and\n- (c) the buyer is not entitled under the relevant contract to receive a registrable instrument of transfer of the property in exchange for the part payment.\n- (a) given by a financial institution, for the buyer, in favour of the seller; and\n- (b) under which the financial institution is bound to pay, on demand, to the buyer the amount of the guarantee (whether or not the guarantee secures other obligations).","sortOrder":221},{"sectionNumber":"sec.162","sectionType":"section","heading":"Part payments must be paid to particular persons","content":"### sec.162 Part payments must be paid to particular persons\n\nThe property developer must pay a part payment received under the relevant contract directly to 1 of the following—\nthe public trustee;\na law practice;\na property agent.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nA provision of the relevant contract is void if it provides for payment of the part payment other than in accordance with subsection (1) .\nA provision of an instrument made in connection with the relevant contract is void if it provides for payment of the part payment other than in accordance with subsection (1) .\nIn this section—\nlaw practice means any of the following, within the meaning of the Legal Profession Act 2007 , that has an office in Queensland—\nan Australian legal practitioner who is a sole practitioner but not a barrister under that Act;\na law firm;\nan incorporated legal practice;\na multi-disciplinary partnership.\n(sec.162-ssec.1) The property developer must pay a part payment received under the relevant contract directly to 1 of the following— the public trustee; a law practice; a property agent. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.162-ssec.2) A provision of the relevant contract is void if it provides for payment of the part payment other than in accordance with subsection (1) .\n(sec.162-ssec.3) A provision of an instrument made in connection with the relevant contract is void if it provides for payment of the part payment other than in accordance with subsection (1) .\n(sec.162-ssec.4) In this section— law practice means any of the following, within the meaning of the Legal Profession Act 2007 , that has an office in Queensland— an Australian legal practitioner who is a sole practitioner but not a barrister under that Act; a law firm; an incorporated legal practice; a multi-disciplinary partnership.\n- (a) the public trustee;\n- (b) a law practice;\n- (c) a property agent.\n- (a) an Australian legal practitioner who is a sole practitioner but not a barrister under that Act;\n- (b) a law firm;\n- (c) an incorporated legal practice;\n- (d) a multi-disciplinary partnership.","sortOrder":222},{"sectionNumber":"sec.163","sectionType":"section","heading":"Part payment to be held in trust","content":"### sec.163 Part payment to be held in trust\n\nThe part payment must be held—\nif the part payment is paid to the public trustee, by the public trustee in a trust account kept for this Act by the public trustee; or\nif the part payment is paid to an individual, by the individual in a trust account kept for this Act by—\nthe individual; or\nif the individual is a member of a firm or partnership, the firm or partnership of which the individual is a member.\nThe part payment must be dealt with by the public trustee, individual, firm or partnership in accordance with the law governing the operation of the public trustee’s, individual’s, firm’s or partnership’s trust account.\n(sec.163-ssec.1) The part payment must be held— if the part payment is paid to the public trustee, by the public trustee in a trust account kept for this Act by the public trustee; or if the part payment is paid to an individual, by the individual in a trust account kept for this Act by— the individual; or if the individual is a member of a firm or partnership, the firm or partnership of which the individual is a member.\n(sec.163-ssec.2) The part payment must be dealt with by the public trustee, individual, firm or partnership in accordance with the law governing the operation of the public trustee’s, individual’s, firm’s or partnership’s trust account.\n- (a) if the part payment is paid to the public trustee, by the public trustee in a trust account kept for this Act by the public trustee; or\n- (b) if the part payment is paid to an individual, by the individual in a trust account kept for this Act by— (i) the individual; or (ii) if the individual is a member of a firm or partnership, the firm or partnership of which the individual is a member.\n- (i) the individual; or\n- (ii) if the individual is a member of a firm or partnership, the firm or partnership of which the individual is a member.\n- (i) the individual; or\n- (ii) if the individual is a member of a firm or partnership, the firm or partnership of which the individual is a member.","sortOrder":223},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Seller and seller’s agent must give copy of particular property valuation to buyer","content":"## Seller and seller’s agent must give copy of particular property valuation to buyer","sortOrder":224},{"sectionNumber":"sec.164","sectionType":"section","heading":"Buyer to be given copy of property valuation buyer pays for","content":"### sec.164 Buyer to be given copy of property valuation buyer pays for\n\nThis section applies if—\nit is a term of a relevant contract that the buyer must pay for a valuation of the property that, under the relevant contract, is not required to have been given to the buyer before the relevant contract is entered into; or\nthe seller otherwise requires the buyer to pay for a valuation of the property that is not required to be given or to have been given to the buyer before the relevant contract is entered into.\nDespite the term or requirement, the seller commits an offence if the seller fails to give the buyer a copy of the valuation before the relevant contract is entered into.\nMaximum penalty—200 penalty units.\nThe term or requirement is effective only if, before the relevant contract was entered into by the buyer, the buyer received the valuation and, in writing, acknowledged the receipt.\nSubsection (3) does not affect subsection (2) .\nA contravention of subsection (2) does not affect the validity of the relevant contract.\n(sec.164-ssec.1) This section applies if— it is a term of a relevant contract that the buyer must pay for a valuation of the property that, under the relevant contract, is not required to have been given to the buyer before the relevant contract is entered into; or the seller otherwise requires the buyer to pay for a valuation of the property that is not required to be given or to have been given to the buyer before the relevant contract is entered into.\n(sec.164-ssec.2) Despite the term or requirement, the seller commits an offence if the seller fails to give the buyer a copy of the valuation before the relevant contract is entered into. Maximum penalty—200 penalty units.\n(sec.164-ssec.3) The term or requirement is effective only if, before the relevant contract was entered into by the buyer, the buyer received the valuation and, in writing, acknowledged the receipt.\n(sec.164-ssec.4) Subsection (3) does not affect subsection (2) .\n(sec.164-ssec.5) A contravention of subsection (2) does not affect the validity of the relevant contract.\n- (a) it is a term of a relevant contract that the buyer must pay for a valuation of the property that, under the relevant contract, is not required to have been given to the buyer before the relevant contract is entered into; or\n- (b) the seller otherwise requires the buyer to pay for a valuation of the property that is not required to be given or to have been given to the buyer before the relevant contract is entered into.","sortOrder":225},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Matters to be included in proposed relevant contract","content":"## Matters to be included in proposed relevant contract","sortOrder":226},{"sectionNumber":"sec.165","sectionType":"section","heading":"Proposed relevant contract to include particular matters when given to buyer for signing","content":"### sec.165 Proposed relevant contract to include particular matters when given to buyer for signing\n\nSubsections (2) and (3) apply—\nto a seller who gives a proposed relevant contract for the first time to a proposed buyer for signing; and\nwhether or not the proposed relevant contract has been signed by the seller.\nThe seller must ensure the proposed relevant contract includes the following conspicuously written words or words to like effect—\n‘The contract may be subject to a 5 business day statutory cooling-off period. A termination penalty of 0.25% of the purchase price applies if the buyer terminates the contract during the statutory cooling-off period. It is recommended the buyer obtain an independent property valuation and independent legal advice about the contract and his or her cooling-off rights, before signing.’.\nThe seller must ensure the words are written in the contract once, immediately above, and on the same page as the place in the contract where the buyer signs to indicate the buyer’s intention to be bound by the contract.\nSubsections (2) and (3) do not apply to a counteroffer by a seller to a relevant contract proposed by the buyer, unless the property the subject of the proposed relevant contract changes or the buyer changes, if—\nthe seller amends the proposed relevant contract (whether by amending the text or preparing a new proposed relevant contract) other than by changing the residential property concerned or a party to the contract; and\nthe seller gives the amended proposed relevant contract to the buyer as a counteroffer.\nIf subsection (2) or (3) is contravened—\nthe seller commits an offence if the seller personally gave the proposed relevant contract to the proposed buyer; or\nthe seller’s agent commits an offence if the seller’s agent gave the proposed relevant contract to the proposed buyer on behalf of the seller.\nMaximum penalty for subsection (5) —200 penalty units.\n(sec.165-ssec.1) Subsections (2) and (3) apply— to a seller who gives a proposed relevant contract for the first time to a proposed buyer for signing; and whether or not the proposed relevant contract has been signed by the seller.\n(sec.165-ssec.2) The seller must ensure the proposed relevant contract includes the following conspicuously written words or words to like effect— ‘The contract may be subject to a 5 business day statutory cooling-off period. A termination penalty of 0.25% of the purchase price applies if the buyer terminates the contract during the statutory cooling-off period. It is recommended the buyer obtain an independent property valuation and independent legal advice about the contract and his or her cooling-off rights, before signing.’.\n(sec.165-ssec.3) The seller must ensure the words are written in the contract once, immediately above, and on the same page as the place in the contract where the buyer signs to indicate the buyer’s intention to be bound by the contract.\n(sec.165-ssec.4) Subsections (2) and (3) do not apply to a counteroffer by a seller to a relevant contract proposed by the buyer, unless the property the subject of the proposed relevant contract changes or the buyer changes, if— the seller amends the proposed relevant contract (whether by amending the text or preparing a new proposed relevant contract) other than by changing the residential property concerned or a party to the contract; and the seller gives the amended proposed relevant contract to the buyer as a counteroffer.\n(sec.165-ssec.5) If subsection (2) or (3) is contravened— the seller commits an offence if the seller personally gave the proposed relevant contract to the proposed buyer; or the seller’s agent commits an offence if the seller’s agent gave the proposed relevant contract to the proposed buyer on behalf of the seller. Maximum penalty for subsection (5) —200 penalty units.\n- (a) to a seller who gives a proposed relevant contract for the first time to a proposed buyer for signing; and\n- (b) whether or not the proposed relevant contract has been signed by the seller.\n- (a) the seller amends the proposed relevant contract (whether by amending the text or preparing a new proposed relevant contract) other than by changing the residential property concerned or a party to the contract; and\n- (b) the seller gives the amended proposed relevant contract to the buyer as a counteroffer.\n- (a) the seller commits an offence if the seller personally gave the proposed relevant contract to the proposed buyer; or\n- (b) the seller’s agent commits an offence if the seller’s agent gave the proposed relevant contract to the proposed buyer on behalf of the seller.","sortOrder":227},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Waiving and shortening cooling-off periods","content":"## Waiving and shortening cooling-off periods","sortOrder":228},{"sectionNumber":"sec.166","sectionType":"section","heading":"Cooling-off period","content":"### sec.166 Cooling-off period\n\nThe cooling-off period , for a relevant contract, is a period of 5 business days—\nstarting on—\nthe day the buyer receives a copy of the relevant contract signed by both parties from the seller; or\nif the buyer receives a copy of the relevant contract signed by both parties from the seller on a day other than a business day, the first business day after the day the buyer receives the copy from the seller; and\nending at 5p.m. on the fifth business day.\nAssume the buyer receives a copy of the relevant contract from the seller at any time on a Monday. Assume also that the cooling-off period is not affected by a day that is not a business day. The cooling-off period ends at 5p.m. on the following Friday.\nFor subsection (1) , if the buyer signs the relevant contract after the seller signed it, the buyer is taken to have received a copy of the relevant contract from the seller when the buyer has both signed the relevant contract and communicated the buyer’s acceptance of the seller’s offer to the seller.\n(sec.166-ssec.1) The cooling-off period , for a relevant contract, is a period of 5 business days— starting on— the day the buyer receives a copy of the relevant contract signed by both parties from the seller; or if the buyer receives a copy of the relevant contract signed by both parties from the seller on a day other than a business day, the first business day after the day the buyer receives the copy from the seller; and ending at 5p.m. on the fifth business day. Assume the buyer receives a copy of the relevant contract from the seller at any time on a Monday. Assume also that the cooling-off period is not affected by a day that is not a business day. The cooling-off period ends at 5p.m. on the following Friday.\n(sec.166-ssec.2) For subsection (1) , if the buyer signs the relevant contract after the seller signed it, the buyer is taken to have received a copy of the relevant contract from the seller when the buyer has both signed the relevant contract and communicated the buyer’s acceptance of the seller’s offer to the seller.\n- (a) starting on— (i) the day the buyer receives a copy of the relevant contract signed by both parties from the seller; or (ii) if the buyer receives a copy of the relevant contract signed by both parties from the seller on a day other than a business day, the first business day after the day the buyer receives the copy from the seller; and\n- (i) the day the buyer receives a copy of the relevant contract signed by both parties from the seller; or\n- (ii) if the buyer receives a copy of the relevant contract signed by both parties from the seller on a day other than a business day, the first business day after the day the buyer receives the copy from the seller; and\n- (b) ending at 5p.m. on the fifth business day.\n- (i) the day the buyer receives a copy of the relevant contract signed by both parties from the seller; or\n- (ii) if the buyer receives a copy of the relevant contract signed by both parties from the seller on a day other than a business day, the first business day after the day the buyer receives the copy from the seller; and","sortOrder":229},{"sectionNumber":"sec.167","sectionType":"section","heading":"Waiving or shortening cooling-off period","content":"### sec.167 Waiving or shortening cooling-off period\n\nA person who proposes to enter into a relevant contract as a buyer may waive the cooling-off period for the relevant contract by giving written notice to the seller of the waiver.\nA buyer under a relevant contract may shorten the cooling-off period for the relevant contract by giving written notice to the seller of the shortening.\n(sec.167-ssec.1) A person who proposes to enter into a relevant contract as a buyer may waive the cooling-off period for the relevant contract by giving written notice to the seller of the waiver.\n(sec.167-ssec.2) A buyer under a relevant contract may shorten the cooling-off period for the relevant contract by giving written notice to the seller of the shortening.","sortOrder":230},{"sectionNumber":"pt.7-div.7","sectionType":"division","heading":"Terminating relevant contracts","content":"## Terminating relevant contracts","sortOrder":231},{"sectionNumber":"sec.168","sectionType":"section","heading":"Terminating relevant contract during cooling-off period","content":"### sec.168 Terminating relevant contract during cooling-off period\n\nA buyer who has not waived the cooling-off period for a relevant contract under section 167 may terminate the contract at any time during the cooling-off period or, if that period has been shortened under section 167 (2) , the shortened period, by giving a signed notice of termination to the seller.\nThe seller may deduct from any deposit paid under the relevant contract an amount not greater than the termination penalty.\nThe seller must, within 14 days after the relevant contract is terminated, refund to the buyer—\nany deposit paid under the relevant contract; or\nthe balance of any deposit paid under the relevant contract after deducting an amount of not more than the termination penalty.\nMaximum penalty—200 penalty units.\nAn amount payable to the buyer under subsection (3) is recoverable as a debt.\n(sec.168-ssec.1) A buyer who has not waived the cooling-off period for a relevant contract under section 167 may terminate the contract at any time during the cooling-off period or, if that period has been shortened under section 167 (2) , the shortened period, by giving a signed notice of termination to the seller.\n(sec.168-ssec.2) The seller may deduct from any deposit paid under the relevant contract an amount not greater than the termination penalty.\n(sec.168-ssec.3) The seller must, within 14 days after the relevant contract is terminated, refund to the buyer— any deposit paid under the relevant contract; or the balance of any deposit paid under the relevant contract after deducting an amount of not more than the termination penalty. Maximum penalty—200 penalty units.\n(sec.168-ssec.4) An amount payable to the buyer under subsection (3) is recoverable as a debt.\n- (a) any deposit paid under the relevant contract; or\n- (b) the balance of any deposit paid under the relevant contract after deducting an amount of not more than the termination penalty.","sortOrder":232},{"sectionNumber":"pt.8","sectionType":"part","heading":"Trust accounts","content":"# Trust accounts","sortOrder":233},{"sectionNumber":"sec.169","sectionType":"section","heading":"Keeping trust accounts","content":"### sec.169 Keeping trust accounts\n\nA principal licensee must keep a trust account under the Administration Act if an amount is likely to be received by the licensee for a transaction, or with written direction for its use, when performing the activities of a property agent or resident letting agent.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIn this section—\namount , likely to be received by a licensee for a transaction or with written direction for its use—\nincludes deposit and purchase monies for a transaction; but\ndoes not include an amount payable to the licensee for a transaction in refund of an expense the licensee was authorised to incur and did incur and for which the licensee holds a receipt.\n(sec.169-ssec.1) A principal licensee must keep a trust account under the Administration Act if an amount is likely to be received by the licensee for a transaction, or with written direction for its use, when performing the activities of a property agent or resident letting agent. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.169-ssec.2) In this section— amount , likely to be received by a licensee for a transaction or with written direction for its use— includes deposit and purchase monies for a transaction; but does not include an amount payable to the licensee for a transaction in refund of an expense the licensee was authorised to incur and did incur and for which the licensee holds a receipt.\n- (a) includes deposit and purchase monies for a transaction; but\n- (b) does not include an amount payable to the licensee for a transaction in refund of an expense the licensee was authorised to incur and did incur and for which the licensee holds a receipt.","sortOrder":234},{"sectionNumber":"pt.9","sectionType":"part","heading":"QCAT Proceedings","content":"# QCAT Proceedings","sortOrder":235},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":236},{"sectionNumber":"sec.170","sectionType":"section","heading":"Definitions for pt 9","content":"### sec.170 Definitions for pt 9\n\nIn this part—\nlicensee includes a person who has held a licence under this Act at any time within 3 years before a proceeding involving the person is started under this part.\nreal estate salesperson includes a person who was a real estate salesperson, or the holder of a registration certificate, at any time within 1 year before a proceeding under this part is started involving the person.","sortOrder":237},{"sectionNumber":"sec.171","sectionType":"section","heading":"Jurisdiction","content":"### sec.171 Jurisdiction\n\nFor this Act, QCAT has the following jurisdiction—\nto hear and decide disciplinary matters involving a licensee or real estate salesperson;\nto hear and decide applications under this Act relating to marketeers;\nto review decisions of the chief executive relating to licensing or registration.\n- (a) to hear and decide disciplinary matters involving a licensee or real estate salesperson;\n- (b) to hear and decide applications under this Act relating to marketeers;\n- (c) to review decisions of the chief executive relating to licensing or registration.","sortOrder":238},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Disciplinary proceedings","content":"## Disciplinary proceedings","sortOrder":239},{"sectionNumber":"sec.172","sectionType":"section","heading":"Grounds for starting disciplinary proceedings","content":"### sec.172 Grounds for starting disciplinary proceedings\n\nThe following are grounds for starting a disciplinary proceeding against a licensee or real estate salesperson under section 173 —\nthe licensee or salesperson has been convicted of an indictable offence or an offence against this Act or the Administration Act ;\nthe licensee or salesperson has contravened or breached—\nthis Act; or\nthe Administration Act ; or\na prescribed conduct provision; or\nan undertaking given under part 10 , division 2 ; or\na corresponding law;\nthe licensee or salesperson has been disqualified from holding an authorisation, similar to a licence or registration certificate, under a corresponding law;\nan amount has been paid from the fund because the licensee or salesperson did, or omitted to do, something that gave rise to the claim against the fund;\nthe licensee or salesperson fraudulently or improperly obtained, or helped someone else to fraudulently or improperly obtain, a licence or registration certificate;\nthe licensee or salesperson has failed to comply with an order made by a court, the former tribunal or QCAT;\nfor a licensee—\nthe licensee is not a suitable person to hold a licence; or\nthe licensee has carried on, or is carrying on, business under a licence with someone who is not a suitable person to hold a licence; or\nthe licensee has, in carrying on a business or performing an activity, been incompetent or acted in an unprofessional way; or\nthe licensee has failed to ensure the licensee’s employed licensees or real estate salespersons, or employees under the licensee’s supervision—\nare properly supervised in the performance of their duties; or\ncomply with this Act; or\nthe licensee has failed to comply with a condition of the licensee’s licence; or\nthe licensee is an executive officer of a corporation in relation to which QCAT makes an order under section 186 ; or\nif the licensee is a corporation, an executive officer of the corporation is not a suitable person to hold a licence;\nfor a real estate salesperson—\nthe salesperson is not eligible to be employed as a real estate salesperson; or\nthe salesperson has, in performing an activity of a licensee, been incompetent or acted in an unprofessional way.\nThe chief executive must not start a disciplinary proceeding against an executive officer under subsection (1) (g) (vi) if the chief executive is satisfied—\nthe act or omission relevant to the proceeding against the corporation was done or made without the executive officer’s knowledge; and\nthe executive officer could not, with reasonable diligence, have prevented the doing of the act or the making of the omission.\n(sec.172-ssec.1) The following are grounds for starting a disciplinary proceeding against a licensee or real estate salesperson under section 173 — the licensee or salesperson has been convicted of an indictable offence or an offence against this Act or the Administration Act ; the licensee or salesperson has contravened or breached— this Act; or the Administration Act ; or a prescribed conduct provision; or an undertaking given under part 10 , division 2 ; or a corresponding law; the licensee or salesperson has been disqualified from holding an authorisation, similar to a licence or registration certificate, under a corresponding law; an amount has been paid from the fund because the licensee or salesperson did, or omitted to do, something that gave rise to the claim against the fund; the licensee or salesperson fraudulently or improperly obtained, or helped someone else to fraudulently or improperly obtain, a licence or registration certificate; the licensee or salesperson has failed to comply with an order made by a court, the former tribunal or QCAT; for a licensee— the licensee is not a suitable person to hold a licence; or the licensee has carried on, or is carrying on, business under a licence with someone who is not a suitable person to hold a licence; or the licensee has, in carrying on a business or performing an activity, been incompetent or acted in an unprofessional way; or the licensee has failed to ensure the licensee’s employed licensees or real estate salespersons, or employees under the licensee’s supervision— are properly supervised in the performance of their duties; or comply with this Act; or the licensee has failed to comply with a condition of the licensee’s licence; or the licensee is an executive officer of a corporation in relation to which QCAT makes an order under section 186 ; or if the licensee is a corporation, an executive officer of the corporation is not a suitable person to hold a licence; for a real estate salesperson— the salesperson is not eligible to be employed as a real estate salesperson; or the salesperson has, in performing an activity of a licensee, been incompetent or acted in an unprofessional way.\n(sec.172-ssec.2) The chief executive must not start a disciplinary proceeding against an executive officer under subsection (1) (g) (vi) if the chief executive is satisfied— the act or omission relevant to the proceeding against the corporation was done or made without the executive officer’s knowledge; and the executive officer could not, with reasonable diligence, have prevented the doing of the act or the making of the omission.\n- (a) the licensee or salesperson has been convicted of an indictable offence or an offence against this Act or the Administration Act ;\n- (b) the licensee or salesperson has contravened or breached— (i) this Act; or (ii) the Administration Act ; or (iii) a prescribed conduct provision; or (iv) an undertaking given under part 10 , division 2 ; or (v) a corresponding law;\n- (i) this Act; or\n- (ii) the Administration Act ; or\n- (iii) a prescribed conduct provision; or\n- (iv) an undertaking given under part 10 , division 2 ; or\n- (v) a corresponding law;\n- (c) the licensee or salesperson has been disqualified from holding an authorisation, similar to a licence or registration certificate, under a corresponding law;\n- (d) an amount has been paid from the fund because the licensee or salesperson did, or omitted to do, something that gave rise to the claim against the fund;\n- (e) the licensee or salesperson fraudulently or improperly obtained, or helped someone else to fraudulently or improperly obtain, a licence or registration certificate;\n- (f) the licensee or salesperson has failed to comply with an order made by a court, the former tribunal or QCAT;\n- (g) for a licensee— (i) the licensee is not a suitable person to hold a licence; or (ii) the licensee has carried on, or is carrying on, business under a licence with someone who is not a suitable person to hold a licence; or (iii) the licensee has, in carrying on a business or performing an activity, been incompetent or acted in an unprofessional way; or (iv) the licensee has failed to ensure the licensee’s employed licensees or real estate salespersons, or employees under the licensee’s supervision— (A) are properly supervised in the performance of their duties; or (B) comply with this Act; or (v) the licensee has failed to comply with a condition of the licensee’s licence; or (vi) the licensee is an executive officer of a corporation in relation to which QCAT makes an order under section 186 ; or (vii) if the licensee is a corporation, an executive officer of the corporation is not a suitable person to hold a licence;\n- (i) the licensee is not a suitable person to hold a licence; or\n- (ii) the licensee has carried on, or is carrying on, business under a licence with someone who is not a suitable person to hold a licence; or\n- (iii) the licensee has, in carrying on a business or performing an activity, been incompetent or acted in an unprofessional way; or\n- (iv) the licensee has failed to ensure the licensee’s employed licensees or real estate salespersons, or employees under the licensee’s supervision— (A) are properly supervised in the performance of their duties; or (B) comply with this Act; or\n- (A) are properly supervised in the performance of their duties; or\n- (B) comply with this Act; or\n- (v) the licensee has failed to comply with a condition of the licensee’s licence; or\n- (vi) the licensee is an executive officer of a corporation in relation to which QCAT makes an order under section 186 ; or\n- (vii) if the licensee is a corporation, an executive officer of the corporation is not a suitable person to hold a licence;\n- (h) for a real estate salesperson— (i) the salesperson is not eligible to be employed as a real estate salesperson; or (ii) the salesperson has, in performing an activity of a licensee, been incompetent or acted in an unprofessional way.\n- (i) the salesperson is not eligible to be employed as a real estate salesperson; or\n- (ii) the salesperson has, in performing an activity of a licensee, been incompetent or acted in an unprofessional way.\n- (i) this Act; or\n- (ii) the Administration Act ; or\n- (iii) a prescribed conduct provision; or\n- (iv) an undertaking given under part 10 , division 2 ; or\n- (v) a corresponding law;\n- (i) the licensee is not a suitable person to hold a licence; or\n- (ii) the licensee has carried on, or is carrying on, business under a licence with someone who is not a suitable person to hold a licence; or\n- (iii) the licensee has, in carrying on a business or performing an activity, been incompetent or acted in an unprofessional way; or\n- (iv) the licensee has failed to ensure the licensee’s employed licensees or real estate salespersons, or employees under the licensee’s supervision— (A) are properly supervised in the performance of their duties; or (B) comply with this Act; or\n- (A) are properly supervised in the performance of their duties; or\n- (B) comply with this Act; or\n- (v) the licensee has failed to comply with a condition of the licensee’s licence; or\n- (vi) the licensee is an executive officer of a corporation in relation to which QCAT makes an order under section 186 ; or\n- (vii) if the licensee is a corporation, an executive officer of the corporation is not a suitable person to hold a licence;\n- (A) are properly supervised in the performance of their duties; or\n- (B) comply with this Act; or\n- (i) the salesperson is not eligible to be employed as a real estate salesperson; or\n- (ii) the salesperson has, in performing an activity of a licensee, been incompetent or acted in an unprofessional way.\n- (a) the act or omission relevant to the proceeding against the corporation was done or made without the executive officer’s knowledge; and\n- (b) the executive officer could not, with reasonable diligence, have prevented the doing of the act or the making of the omission.","sortOrder":240},{"sectionNumber":"sec.173","sectionType":"section","heading":"Starting disciplinary proceedings","content":"### sec.173 Starting disciplinary proceedings\n\nThe chief executive may apply, as provided under the QCAT Act , to QCAT to conduct a disciplinary proceeding.\nThe application must state—\nthe grounds for starting the proceeding; and\nthe conduct constituting the grounds; and\nthat an application will be made for 1 or more orders under section 186 .\n(sec.173-ssec.1) The chief executive may apply, as provided under the QCAT Act , to QCAT to conduct a disciplinary proceeding.\n(sec.173-ssec.2) The application must state— the grounds for starting the proceeding; and the conduct constituting the grounds; and that an application will be made for 1 or more orders under section 186 .\n- (a) the grounds for starting the proceeding; and\n- (b) the conduct constituting the grounds; and\n- (c) that an application will be made for 1 or more orders under section 186 .","sortOrder":241},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Marketeer proceedings","content":"## Marketeer proceedings","sortOrder":242},{"sectionNumber":"sec.174","sectionType":"section","heading":"Grounds for starting marketeer proceeding","content":"### sec.174 Grounds for starting marketeer proceeding\n\nThe following are grounds for starting a proceeding against a marketeer for orders under section 188 ( marketeer proceeding )—\nthe marketeer has contravened or is contravening section 207 , 208 or 209 ;\nthe marketeer is likely or proposing to engage in conduct that would contravene section 207 , 208 or 209 ;\nthe marketeer is reasonably suspected of anything mentioned in paragraph (a) or (b) .\n- (a) the marketeer has contravened or is contravening section 207 , 208 or 209 ;\n- (b) the marketeer is likely or proposing to engage in conduct that would contravene section 207 , 208 or 209 ;\n- (c) the marketeer is reasonably suspected of anything mentioned in paragraph (a) or (b) .","sortOrder":243},{"sectionNumber":"sec.175","sectionType":"section","heading":"How to start a proceeding","content":"### sec.175 How to start a proceeding\n\nThe chief executive may apply, as provided under the QCAT Act , to QCAT to conduct a marketeer proceeding.\nThe application must state—\nthe grounds for starting the proceeding; and\nthe conduct constituting the grounds; and\nthat an application will be made for 1 or more orders under section 188 .\n(sec.175-ssec.1) The chief executive may apply, as provided under the QCAT Act , to QCAT to conduct a marketeer proceeding.\n(sec.175-ssec.2) The application must state— the grounds for starting the proceeding; and the conduct constituting the grounds; and that an application will be made for 1 or more orders under section 188 .\n- (a) the grounds for starting the proceeding; and\n- (b) the conduct constituting the grounds; and\n- (c) that an application will be made for 1 or more orders under section 188 .","sortOrder":244},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Review proceedings","content":"## Review proceedings","sortOrder":245},{"sectionNumber":"sec.176","sectionType":"section","heading":"Person dissatisfied with chief executive’s decision may seek review","content":"### sec.176 Person dissatisfied with chief executive’s decision may seek review\n\nA person who is dissatisfied with a decision of the chief executive made under a provision mentioned in schedule 1 may apply to QCAT to have the decision reviewed.","sortOrder":246},{"sectionNumber":"sec.177","sectionType":"section","heading":"Stay of operation of decisions","content":"### sec.177 Stay of operation of decisions\n\nA decision of the chief executive, other than a decision made under section 76 or 142 , being reviewed is stayed for the purpose of securing the effectiveness of the review.\nHowever, the period of a stay does not extend past the time when QCAT decides the application.\n(sec.177-ssec.1) A decision of the chief executive, other than a decision made under section 76 or 142 , being reviewed is stayed for the purpose of securing the effectiveness of the review.\n(sec.177-ssec.2) However, the period of a stay does not extend past the time when QCAT decides the application.","sortOrder":247},{"sectionNumber":"sec.178","sectionType":"section","heading":"QCAT may extend time","content":"### sec.178 QCAT may extend time\n\nQCAT may extend the time within which to seek review of a decision of the chief executive if it is satisfied—\nthe application is made within 42 days after the person receives notice of the decision to be reviewed; and\nit is appropriate to extend time having regard to—\nthe application generally; and\nthe justice of the matter generally.\nNo appeal lies against QCAT’s decision under this section.\n(sec.178-ssec.1) QCAT may extend the time within which to seek review of a decision of the chief executive if it is satisfied— the application is made within 42 days after the person receives notice of the decision to be reviewed; and it is appropriate to extend time having regard to— the application generally; and the justice of the matter generally.\n(sec.178-ssec.2) No appeal lies against QCAT’s decision under this section.\n- (a) the application is made within 42 days after the person receives notice of the decision to be reviewed; and\n- (b) it is appropriate to extend time having regard to— (i) the application generally; and (ii) the justice of the matter generally.\n- (i) the application generally; and\n- (ii) the justice of the matter generally.\n- (i) the application generally; and\n- (ii) the justice of the matter generally.","sortOrder":248},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Proceedings generally","content":"## Proceedings generally","sortOrder":249},{"sectionNumber":"sec.179","sectionType":"section","heading":"Reference committee","content":"### sec.179 Reference committee\n\nA reference committee is established.\nThe reference committee consists of—\nthe commissioner for fair trading; and\n2 community representatives who are not public service employees.\nOne of the community representatives must have a demonstrated interest in civil liberties and the other must be a person the Minister considers has appropriate and relevant experience in fair trading issues.\nThe community representatives are to be appointed by the Governor in Council.\nThe community representatives’ appointment term and conditions are as decided by the Governor in Council.\n(sec.179-ssec.1) A reference committee is established.\n(sec.179-ssec.2) The reference committee consists of— the commissioner for fair trading; and 2 community representatives who are not public service employees.\n(sec.179-ssec.3) One of the community representatives must have a demonstrated interest in civil liberties and the other must be a person the Minister considers has appropriate and relevant experience in fair trading issues.\n(sec.179-ssec.4) The community representatives are to be appointed by the Governor in Council.\n(sec.179-ssec.5) The community representatives’ appointment term and conditions are as decided by the Governor in Council.\n- (a) the commissioner for fair trading; and\n- (b) 2 community representatives who are not public service employees.","sortOrder":250},{"sectionNumber":"sec.180","sectionType":"section","heading":"Reference committee functions","content":"### sec.180 Reference committee functions\n\nThe reference committee’s function is to decide whether conduct of a marketeer that is being investigated under this Act should be the subject of an application to QCAT for a public examination.","sortOrder":251},{"sectionNumber":"sec.181","sectionType":"section","heading":"Reference committee may authorise application for public examination","content":"### sec.181 Reference committee may authorise application for public examination\n\nIf the chief executive considers that a public examination may help the chief executive decide whether or not to start a marketeer proceeding against a marketeer, the chief executive may refer the conduct to the reference committee.\nAfter considering all relevant issues, the reference committee may authorise the chief executive to make an application to QCAT for a public examination under subdivision 2 .\nThe reference committee must not authorise the chief executive to make the application unless satisfied—\nit is unlikely further investigation of the conduct by an inspector will be effective for deciding whether to start a marketeer proceeding; and\na public examination may help find out whether a marketeer has contravened section 207 , 208 or 209 ; and\nit is in the public interest to make the application.\n(sec.181-ssec.1) If the chief executive considers that a public examination may help the chief executive decide whether or not to start a marketeer proceeding against a marketeer, the chief executive may refer the conduct to the reference committee.\n(sec.181-ssec.2) After considering all relevant issues, the reference committee may authorise the chief executive to make an application to QCAT for a public examination under subdivision 2 .\n(sec.181-ssec.3) The reference committee must not authorise the chief executive to make the application unless satisfied— it is unlikely further investigation of the conduct by an inspector will be effective for deciding whether to start a marketeer proceeding; and a public examination may help find out whether a marketeer has contravened section 207 , 208 or 209 ; and it is in the public interest to make the application.\n- (a) it is unlikely further investigation of the conduct by an inspector will be effective for deciding whether to start a marketeer proceeding; and\n- (b) a public examination may help find out whether a marketeer has contravened section 207 , 208 or 209 ; and\n- (c) it is in the public interest to make the application.","sortOrder":252},{"sectionNumber":"sec.182","sectionType":"section","heading":"QCAT may conduct public examination","content":"### sec.182 QCAT may conduct public examination\n\nQCAT may, on the chief executive’s application, conduct a public examination that investigates the conduct of a marketeer to find out whether the marketeer has contravened section 207 , 208 or 209 .\nThe application may be made whether or not a marketeer proceeding has been started.\nThis division applies to a public examination as if it were a hearing before QCAT.\n(sec.182-ssec.1) QCAT may, on the chief executive’s application, conduct a public examination that investigates the conduct of a marketeer to find out whether the marketeer has contravened section 207 , 208 or 209 .\n(sec.182-ssec.2) The application may be made whether or not a marketeer proceeding has been started.\n(sec.182-ssec.3) This division applies to a public examination as if it were a hearing before QCAT.","sortOrder":253},{"sectionNumber":"sec.183","sectionType":"section","heading":"Procedure before public examination starts","content":"### sec.183 Procedure before public examination starts\n\nBefore the start of a public examination, QCAT must be satisfied each person to be examined has received written grounds for the public examination.\nOn being satisfied under subsection (1) , QCAT must—\ndecide a time and place for the public examination; and\nissue an attendance notice to each person to be examined.\nIf a person to be examined is a corporation, the attendance notice must require a named executive officer of the corporation to attend QCAT for examination.\nThe attendance notice must state—\nthe time and place for the public examination decided by QCAT; and\nthe person may make oral and written submissions at the public examination.\nThe chief executive must serve the attendance notice on the person to whom it was issued.\nIn this section—\nattendance notice means an attendance notice issued under this Act.\n(sec.183-ssec.1) Before the start of a public examination, QCAT must be satisfied each person to be examined has received written grounds for the public examination.\n(sec.183-ssec.2) On being satisfied under subsection (1) , QCAT must— decide a time and place for the public examination; and issue an attendance notice to each person to be examined.\n(sec.183-ssec.3) If a person to be examined is a corporation, the attendance notice must require a named executive officer of the corporation to attend QCAT for examination.\n(sec.183-ssec.4) The attendance notice must state— the time and place for the public examination decided by QCAT; and the person may make oral and written submissions at the public examination.\n(sec.183-ssec.5) The chief executive must serve the attendance notice on the person to whom it was issued.\n(sec.183-ssec.6) In this section— attendance notice means an attendance notice issued under this Act.\n- (a) decide a time and place for the public examination; and\n- (b) issue an attendance notice to each person to be examined.\n- (a) the time and place for the public examination decided by QCAT; and\n- (b) the person may make oral and written submissions at the public examination.","sortOrder":254},{"sectionNumber":"sec.184","sectionType":"section","heading":"Person must answer particular questions","content":"### sec.184 Person must answer particular questions\n\nThis section applies if a person being examined at a public examination refuses to answer a question put to the person.\nIf QCAT requires the person to answer the question, QCAT must advise the person of the following—\nthat if the answer might incriminate the person, the person may claim, before giving the answer, that giving the answer might incriminate the person;\nthe effect that making the claim will have on the admissibility of the answer in any proceeding against the person.\nThe person must answer the question, unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nIt is not a reasonable excuse to fail to answer the question that answering might tend to incriminate the person.\nThe answer is not admissible in any criminal or civil proceeding against the person, other than—\nthe public examination of a person; or\na proceeding to review a reviewable decision; or\nan appeal against QCAT’s decision to require the answer; or\na perjury proceeding.\nIn this section—\nperjury proceeding means a proceeding in which the falsity or misleading nature of the answer is relevant.\nreviewable decision means a decision of the chief executive mentioned in schedule 1 .\n(sec.184-ssec.1) This section applies if a person being examined at a public examination refuses to answer a question put to the person.\n(sec.184-ssec.2) If QCAT requires the person to answer the question, QCAT must advise the person of the following— that if the answer might incriminate the person, the person may claim, before giving the answer, that giving the answer might incriminate the person; the effect that making the claim will have on the admissibility of the answer in any proceeding against the person.\n(sec.184-ssec.3) The person must answer the question, unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.184-ssec.4) It is not a reasonable excuse to fail to answer the question that answering might tend to incriminate the person.\n(sec.184-ssec.5) The answer is not admissible in any criminal or civil proceeding against the person, other than— the public examination of a person; or a proceeding to review a reviewable decision; or an appeal against QCAT’s decision to require the answer; or a perjury proceeding.\n(sec.184-ssec.6) In this section— perjury proceeding means a proceeding in which the falsity or misleading nature of the answer is relevant. reviewable decision means a decision of the chief executive mentioned in schedule 1 .\n- (a) that if the answer might incriminate the person, the person may claim, before giving the answer, that giving the answer might incriminate the person;\n- (b) the effect that making the claim will have on the admissibility of the answer in any proceeding against the person.\n- (a) the public examination of a person; or\n- (b) a proceeding to review a reviewable decision; or\n- (c) an appeal against QCAT’s decision to require the answer; or\n- (d) a perjury proceeding.","sortOrder":255},{"sectionNumber":"sec.185","sectionType":"section","heading":"Stopping particular conduct","content":"### sec.185 Stopping particular conduct\n\nThis section applies if a marketeer proceeding has been started against a marketeer and, on the chief executive’s application, QCAT is satisfied, or is satisfied there is a reasonable suspicion, that the marketeer—\nhas contravened or is contravening section 207 , 208 or 209 ; or\nis likely or proposing to engage in conduct that would contravene section 207 , 208 or 209 .\nQCAT may, by order, prohibit the marketeer from engaging in conduct that, alone or together with other conduct, is a contravention of section 207 , 208 or 209 , until the end of the marketeer proceeding.\nQCAT may make an order under this section on the chief executive’s application made without notice to the marketeer but, in that case, QCAT must allow the marketeer a reasonable opportunity to show cause why the order should not be confirmed.\nIf QCAT, after considering the marketeer’s evidence and representations, if any, and any further evidence or representations of the chief executive, is not satisfied the order should continue in force, QCAT must cancel the order.\nA person must not contravene an order under this section.\nMaximum penalty—540 penalty units.\nIn a proceeding against a person under this Act, the making of an order under this section is evidence of the facts or circumstances giving rise to the making of the order.\nAn order under this section has effect on the giving of a copy of the order to the marketeer.\n(sec.185-ssec.1) This section applies if a marketeer proceeding has been started against a marketeer and, on the chief executive’s application, QCAT is satisfied, or is satisfied there is a reasonable suspicion, that the marketeer— has contravened or is contravening section 207 , 208 or 209 ; or is likely or proposing to engage in conduct that would contravene section 207 , 208 or 209 .\n(sec.185-ssec.2) QCAT may, by order, prohibit the marketeer from engaging in conduct that, alone or together with other conduct, is a contravention of section 207 , 208 or 209 , until the end of the marketeer proceeding.\n(sec.185-ssec.3) QCAT may make an order under this section on the chief executive’s application made without notice to the marketeer but, in that case, QCAT must allow the marketeer a reasonable opportunity to show cause why the order should not be confirmed.\n(sec.185-ssec.4) If QCAT, after considering the marketeer’s evidence and representations, if any, and any further evidence or representations of the chief executive, is not satisfied the order should continue in force, QCAT must cancel the order.\n(sec.185-ssec.5) A person must not contravene an order under this section. Maximum penalty—540 penalty units.\n(sec.185-ssec.6) In a proceeding against a person under this Act, the making of an order under this section is evidence of the facts or circumstances giving rise to the making of the order.\n(sec.185-ssec.7) An order under this section has effect on the giving of a copy of the order to the marketeer.\n- (a) has contravened or is contravening section 207 , 208 or 209 ; or\n- (b) is likely or proposing to engage in conduct that would contravene section 207 , 208 or 209 .","sortOrder":256},{"sectionNumber":"sec.186","sectionType":"section","heading":"Orders QCAT may make on disciplinary hearing","content":"### sec.186 Orders QCAT may make on disciplinary hearing\n\nQCAT may make 1 or more of the following orders against a person in relation to whom QCAT finds grounds exist to take disciplinary action under this Act—\nan order reprimanding the person;\nan order that the person pay to the State, within the period stated in the order, a fine of not more than—\nfor an individual—200 penalty units; or\nfor a corporation—1,000 penalty units;\nan order that the person pay compensation (inclusive of any commission to which the person is not entitled) to someone else who has suffered loss or damage because of the act or omission that resulted in the finding;\nthat the person be disqualified permanently, or for the period stated in the order, from holding a licence or registration certificate;\nanother order QCAT considers appropriate to ensure the person complies with this Act.\nIf the person is the holder of a licence or registration certificate, QCAT may also make 1 or more of the following orders against the person—\nan order that the person’s licence or registration certificate be suspended for the period stated in the order;\nan order that the licence or registration certificate be cancelled;\nfor a licensed individual who is an executive officer of a corporation, an order that the individual be disqualified permanently from being an executive officer of a corporation that holds a licence permanently or for a stated period;\nan order imposing conditions on, or amending or revoking the conditions of, the person’s licence or registration certificate.\nIf QCAT makes an order mentioned in subsection (2) (b) against an individual, QCAT must also make an order that the person be disqualified for a stated period or permanently from holding a licence or registration certificate.\nQCAT may not make an order under this section disqualifying the person from holding a licence or registration certificate if QCAT is satisfied a court has, for the grounds giving rise to the disciplinary proceeding—\nbeen asked to make an order under section 227 (3) disqualifying the person from holding a licence or registration certificate; and\ndeclined to do so.\nThe chief executive may recover a fine, ordered by QCAT to be paid by the person to the chief executive, as a debt owing to the chief executive in a court with jurisdiction to recover debts up to the amount of the fine.\n(sec.186-ssec.1) QCAT may make 1 or more of the following orders against a person in relation to whom QCAT finds grounds exist to take disciplinary action under this Act— an order reprimanding the person; an order that the person pay to the State, within the period stated in the order, a fine of not more than— for an individual—200 penalty units; or for a corporation—1,000 penalty units; an order that the person pay compensation (inclusive of any commission to which the person is not entitled) to someone else who has suffered loss or damage because of the act or omission that resulted in the finding; that the person be disqualified permanently, or for the period stated in the order, from holding a licence or registration certificate; another order QCAT considers appropriate to ensure the person complies with this Act.\n(sec.186-ssec.2) If the person is the holder of a licence or registration certificate, QCAT may also make 1 or more of the following orders against the person— an order that the person’s licence or registration certificate be suspended for the period stated in the order; an order that the licence or registration certificate be cancelled; for a licensed individual who is an executive officer of a corporation, an order that the individual be disqualified permanently from being an executive officer of a corporation that holds a licence permanently or for a stated period; an order imposing conditions on, or amending or revoking the conditions of, the person’s licence or registration certificate.\n(sec.186-ssec.3) If QCAT makes an order mentioned in subsection (2) (b) against an individual, QCAT must also make an order that the person be disqualified for a stated period or permanently from holding a licence or registration certificate.\n(sec.186-ssec.4) QCAT may not make an order under this section disqualifying the person from holding a licence or registration certificate if QCAT is satisfied a court has, for the grounds giving rise to the disciplinary proceeding— been asked to make an order under section 227 (3) disqualifying the person from holding a licence or registration certificate; and declined to do so.\n(sec.186-ssec.5) The chief executive may recover a fine, ordered by QCAT to be paid by the person to the chief executive, as a debt owing to the chief executive in a court with jurisdiction to recover debts up to the amount of the fine.\n- (a) an order reprimanding the person;\n- (b) an order that the person pay to the State, within the period stated in the order, a fine of not more than— (i) for an individual—200 penalty units; or (ii) for a corporation—1,000 penalty units;\n- (i) for an individual—200 penalty units; or\n- (ii) for a corporation—1,000 penalty units;\n- (c) an order that the person pay compensation (inclusive of any commission to which the person is not entitled) to someone else who has suffered loss or damage because of the act or omission that resulted in the finding;\n- (d) that the person be disqualified permanently, or for the period stated in the order, from holding a licence or registration certificate;\n- (e) another order QCAT considers appropriate to ensure the person complies with this Act.\n- (i) for an individual—200 penalty units; or\n- (ii) for a corporation—1,000 penalty units;\n- (a) an order that the person’s licence or registration certificate be suspended for the period stated in the order;\n- (b) an order that the licence or registration certificate be cancelled;\n- (c) for a licensed individual who is an executive officer of a corporation, an order that the individual be disqualified permanently from being an executive officer of a corporation that holds a licence permanently or for a stated period;\n- (d) an order imposing conditions on, or amending or revoking the conditions of, the person’s licence or registration certificate.\n- (a) been asked to make an order under section 227 (3) disqualifying the person from holding a licence or registration certificate; and\n- (b) declined to do so.","sortOrder":257},{"sectionNumber":"sec.187","sectionType":"section","heading":"Stopping contraventions","content":"### sec.187 Stopping contraventions\n\nThis section applies if QCAT is satisfied, on application by the chief executive, that a person is doing, or is about to do, something in contravention of this Act.\nThis section does not apply if section 185 applies.\nQCAT may, by order, prohibit the person who is doing, or is about to do, the thing (the prohibited person ) from starting or continuing to do the thing.\nQCAT may make an order under this section on the chief executive’s application made without notice to the prohibited person but, in that case, QCAT must allow the prohibited person a reasonable opportunity to show cause why the order should not be confirmed.\nIf QCAT, after considering the prohibited person’s evidence and submissions, if any, and any further evidence or submissions of the chief executive, is not satisfied the order should continue in force, QCAT must rescind the order.\nA person must not contravene an order under this section.\nMaximum penalty—540 penalty units.\nAn order under this section has effect on the giving of a copy of the order to the prohibited person.\n(sec.187-ssec.1) This section applies if QCAT is satisfied, on application by the chief executive, that a person is doing, or is about to do, something in contravention of this Act.\n(sec.187-ssec.2) This section does not apply if section 185 applies.\n(sec.187-ssec.3) QCAT may, by order, prohibit the person who is doing, or is about to do, the thing (the prohibited person ) from starting or continuing to do the thing.\n(sec.187-ssec.4) QCAT may make an order under this section on the chief executive’s application made without notice to the prohibited person but, in that case, QCAT must allow the prohibited person a reasonable opportunity to show cause why the order should not be confirmed.\n(sec.187-ssec.5) If QCAT, after considering the prohibited person’s evidence and submissions, if any, and any further evidence or submissions of the chief executive, is not satisfied the order should continue in force, QCAT must rescind the order.\n(sec.187-ssec.6) A person must not contravene an order under this section. Maximum penalty—540 penalty units.\n(sec.187-ssec.7) An order under this section has effect on the giving of a copy of the order to the prohibited person.","sortOrder":258},{"sectionNumber":"sec.188","sectionType":"section","heading":"Orders QCAT may make in a marketeer proceeding","content":"### sec.188 Orders QCAT may make in a marketeer proceeding\n\nThis section applies if, in a marketeer proceeding, QCAT is satisfied a marketeer has contravened section 207 , 208 or 209 .\nQCAT may make 1 or more of the following orders—\nan order that the marketeer pay to the State, within the period stated in the order, an amount of not more than the equivalent of—\nfor an individual—200 penalty units; or\nfor a corporation—1,000 penalty units;\nif the marketeer is the holder of a licence or registration certificate when the order is made, an order—\nimposing conditions on, or amending or revoking the conditions of, the marketeer’s licence or registration certificate; or\nthat the marketeer’s licence or registration be suspended for a stated period; or\nthe marketeer’s licence or registration certificate be cancelled;\nif the marketeer is not the holder of a licence or registration certificate when the order is made—an order that the marketeer be disqualified, for a stated period, of not more than 5 years, from holding a licence or registration certificate;\nif the marketeer is a corporation—an order, that an individual who is an executive officer of the corporation, be disqualified, for a stated period, of not more than 5 years, from holding a licence;\nif the marketeer is an executive officer of a corporation—an order that the marketeer be disqualified permanently, or for the period stated in the order, from being an executive officer of a corporation that holds a licence;\nan order restricting the way the marketeer conducts the business of the sale, or promotion of the sale, or provision of a service in connection with the sale, of residential property in Queensland for a stated period, of not more than 5 years;\nan order that the marketeer pay to a person who has suffered financial loss, a stated amount of compensation decided by QCAT of not more than the limit of a Magistrates Court’s civil jurisdiction;\nanother order QCAT considers appropriate to ensure the marketeer complies with this Act.\nIf QCAT makes an order mentioned in subsection (2) (b) (iii) against an individual, QCAT must also make an order that the marketeer be disqualified for a stated period or permanently from holding a licence or registration certificate.\nHowever, QCAT may make an order under subsection (2) (a) or (f) against a marketeer who is not licensed or a real estate salesperson only on the basis of evidence, submissions and other information received in accordance with the evidentiary law and practice applicable to a civil proceeding in a Magistrates Court.\nQCAT must decide to make an order for compensation if—\nQCAT proposes to make an order requiring a marketeer to pay an amount to the chief executive under subsection (2) (a) (i) and to pay compensation under subsection (2) (g) ; and\nthe marketeer does not have the financial resources to pay both.\nThe executive officers of a corporation are jointly and severally liable to pay an amount not paid by the corporation if—\nQCAT orders the corporation to pay an amount to the chief executive under subsection (2) (a) (ii) or compensation under subsection (2) (g) ; and\nthe corporation does not have the financial resources to pay either or both.\nIt is a defence to a liability under subsection (6) for an executive officer to prove that—\nif the officer was in a position to influence the conduct of the corporation relating to the relevant contravention—the officer took all reasonable steps to ensure the relevant contravention did not happen; or\nthe officer was not in a position to influence the conduct of the corporation relating to the relevant contravention.\nFor subsection (7) (a) , it is sufficient for the executive officer to prove the act or omission that was the relevant contravention was done or made without the officer’s knowledge despite the officer having taken all reasonable steps to ensure the relevant contravention did not happen.\nIn this section—\nrelevant contravention , in relation to a corporation, means the contravention by the corporation of section 207 , 208 or 209 .\n(sec.188-ssec.1) This section applies if, in a marketeer proceeding, QCAT is satisfied a marketeer has contravened section 207 , 208 or 209 .\n(sec.188-ssec.2) QCAT may make 1 or more of the following orders— an order that the marketeer pay to the State, within the period stated in the order, an amount of not more than the equivalent of— for an individual—200 penalty units; or for a corporation—1,000 penalty units; if the marketeer is the holder of a licence or registration certificate when the order is made, an order— imposing conditions on, or amending or revoking the conditions of, the marketeer’s licence or registration certificate; or that the marketeer’s licence or registration be suspended for a stated period; or the marketeer’s licence or registration certificate be cancelled; if the marketeer is not the holder of a licence or registration certificate when the order is made—an order that the marketeer be disqualified, for a stated period, of not more than 5 years, from holding a licence or registration certificate; if the marketeer is a corporation—an order, that an individual who is an executive officer of the corporation, be disqualified, for a stated period, of not more than 5 years, from holding a licence; if the marketeer is an executive officer of a corporation—an order that the marketeer be disqualified permanently, or for the period stated in the order, from being an executive officer of a corporation that holds a licence; an order restricting the way the marketeer conducts the business of the sale, or promotion of the sale, or provision of a service in connection with the sale, of residential property in Queensland for a stated period, of not more than 5 years; an order that the marketeer pay to a person who has suffered financial loss, a stated amount of compensation decided by QCAT of not more than the limit of a Magistrates Court’s civil jurisdiction; another order QCAT considers appropriate to ensure the marketeer complies with this Act.\n(sec.188-ssec.3) If QCAT makes an order mentioned in subsection (2) (b) (iii) against an individual, QCAT must also make an order that the marketeer be disqualified for a stated period or permanently from holding a licence or registration certificate.\n(sec.188-ssec.4) However, QCAT may make an order under subsection (2) (a) or (f) against a marketeer who is not licensed or a real estate salesperson only on the basis of evidence, submissions and other information received in accordance with the evidentiary law and practice applicable to a civil proceeding in a Magistrates Court.\n(sec.188-ssec.5) QCAT must decide to make an order for compensation if— QCAT proposes to make an order requiring a marketeer to pay an amount to the chief executive under subsection (2) (a) (i) and to pay compensation under subsection (2) (g) ; and the marketeer does not have the financial resources to pay both.\n(sec.188-ssec.6) The executive officers of a corporation are jointly and severally liable to pay an amount not paid by the corporation if— QCAT orders the corporation to pay an amount to the chief executive under subsection (2) (a) (ii) or compensation under subsection (2) (g) ; and the corporation does not have the financial resources to pay either or both.\n(sec.188-ssec.7) It is a defence to a liability under subsection (6) for an executive officer to prove that— if the officer was in a position to influence the conduct of the corporation relating to the relevant contravention—the officer took all reasonable steps to ensure the relevant contravention did not happen; or the officer was not in a position to influence the conduct of the corporation relating to the relevant contravention.\n(sec.188-ssec.8) For subsection (7) (a) , it is sufficient for the executive officer to prove the act or omission that was the relevant contravention was done or made without the officer’s knowledge despite the officer having taken all reasonable steps to ensure the relevant contravention did not happen.\n(sec.188-ssec.9) In this section— relevant contravention , in relation to a corporation, means the contravention by the corporation of section 207 , 208 or 209 .\n- (a) an order that the marketeer pay to the State, within the period stated in the order, an amount of not more than the equivalent of— (i) for an individual—200 penalty units; or (ii) for a corporation—1,000 penalty units;\n- (i) for an individual—200 penalty units; or\n- (ii) for a corporation—1,000 penalty units;\n- (b) if the marketeer is the holder of a licence or registration certificate when the order is made, an order— (i) imposing conditions on, or amending or revoking the conditions of, the marketeer’s licence or registration certificate; or (ii) that the marketeer’s licence or registration be suspended for a stated period; or (iii) the marketeer’s licence or registration certificate be cancelled;\n- (i) imposing conditions on, or amending or revoking the conditions of, the marketeer’s licence or registration certificate; or\n- (ii) that the marketeer’s licence or registration be suspended for a stated period; or\n- (iii) the marketeer’s licence or registration certificate be cancelled;\n- (c) if the marketeer is not the holder of a licence or registration certificate when the order is made—an order that the marketeer be disqualified, for a stated period, of not more than 5 years, from holding a licence or registration certificate;\n- (d) if the marketeer is a corporation—an order, that an individual who is an executive officer of the corporation, be disqualified, for a stated period, of not more than 5 years, from holding a licence;\n- (e) if the marketeer is an executive officer of a corporation—an order that the marketeer be disqualified permanently, or for the period stated in the order, from being an executive officer of a corporation that holds a licence;\n- (f) an order restricting the way the marketeer conducts the business of the sale, or promotion of the sale, or provision of a service in connection with the sale, of residential property in Queensland for a stated period, of not more than 5 years;\n- (g) an order that the marketeer pay to a person who has suffered financial loss, a stated amount of compensation decided by QCAT of not more than the limit of a Magistrates Court’s civil jurisdiction;\n- (h) another order QCAT considers appropriate to ensure the marketeer complies with this Act.\n- (i) for an individual—200 penalty units; or\n- (ii) for a corporation—1,000 penalty units;\n- (i) imposing conditions on, or amending or revoking the conditions of, the marketeer’s licence or registration certificate; or\n- (ii) that the marketeer’s licence or registration be suspended for a stated period; or\n- (iii) the marketeer’s licence or registration certificate be cancelled;\n- (a) QCAT proposes to make an order requiring a marketeer to pay an amount to the chief executive under subsection (2) (a) (i) and to pay compensation under subsection (2) (g) ; and\n- (b) the marketeer does not have the financial resources to pay both.\n- (a) QCAT orders the corporation to pay an amount to the chief executive under subsection (2) (a) (ii) or compensation under subsection (2) (g) ; and\n- (b) the corporation does not have the financial resources to pay either or both.\n- (a) if the officer was in a position to influence the conduct of the corporation relating to the relevant contravention—the officer took all reasonable steps to ensure the relevant contravention did not happen; or\n- (b) the officer was not in a position to influence the conduct of the corporation relating to the relevant contravention.","sortOrder":259},{"sectionNumber":"sec.189","sectionType":"section","heading":"Criteria for deciding amount to be ordered","content":"### sec.189 Criteria for deciding amount to be ordered\n\nTo decide the amount a marketeer may be ordered to pay under section 188 , QCAT must consider—\nthe marketeer’s conduct before and after the contravention; and\nwhether the conduct forming the basis of the contravention was deliberate; and\nthe period over which that conduct happened; and\nthe amount of financial loss caused by the contravention; and\nany similar past conduct of the marketeer, including conduct happening before the commencement of this section; and\nthe marketeer’s financial position; and\nwhether the conduct forming the basis of the contravention could have been prevented; and\nif the marketeer is a corporation—the extent to which the executive officers of the corporation knew or should have known of the contravention; and\nany action the marketeer took to remedy the contravention including, for example, compensating persons who suffered financial loss because of it; and\nthe extent to which the marketeer cooperated with the chief executive to remedy the contravention and prevent future contraventions; and\nany other factor QCAT considers relevant.\n- (a) the marketeer’s conduct before and after the contravention; and\n- (b) whether the conduct forming the basis of the contravention was deliberate; and\n- (c) the period over which that conduct happened; and\n- (d) the amount of financial loss caused by the contravention; and\n- (e) any similar past conduct of the marketeer, including conduct happening before the commencement of this section; and\n- (f) the marketeer’s financial position; and\n- (g) whether the conduct forming the basis of the contravention could have been prevented; and\n- (h) if the marketeer is a corporation—the extent to which the executive officers of the corporation knew or should have known of the contravention; and\n- (i) any action the marketeer took to remedy the contravention including, for example, compensating persons who suffered financial loss because of it; and\n- (j) the extent to which the marketeer cooperated with the chief executive to remedy the contravention and prevent future contraventions; and\n- (k) any other factor QCAT considers relevant.","sortOrder":260},{"sectionNumber":"sec.190","sectionType":"section","heading":"Appeal","content":"### sec.190 Appeal\n\nThe chief executive may appeal to the appeal tribunal against a decision of QCAT under this Act, but only on the ground of error of law.\nIn this section—\nappeal tribunal means QCAT as constituted under the QCAT Act , section 166 for an appeal.\n(sec.190-ssec.1) The chief executive may appeal to the appeal tribunal against a decision of QCAT under this Act, but only on the ground of error of law.\n(sec.190-ssec.2) In this section— appeal tribunal means QCAT as constituted under the QCAT Act , section 166 for an appeal.","sortOrder":261},{"sectionNumber":"pt.10","sectionType":"part","heading":"Injunctions, undertakings, preservation of assets and civil penalties","content":"# Injunctions, undertakings, preservation of assets and civil penalties","sortOrder":262},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Injunctions","content":"## Injunctions","sortOrder":263},{"sectionNumber":"sec.191","sectionType":"section","heading":"Grounds for injunction","content":"### sec.191 Grounds for injunction\n\nThe District Court may grant an injunction against a person if the court is satisfied the person (a respondent ) has engaged, or is proposing to engage, in conduct that constitutes or would constitute—\na contravention of this Act or a prescribed conduct provision; or\nattempting to contravene this Act or a prescribed conduct provision; or\naiding, abetting, counselling or procuring another person to contravene this Act; or\ninducing or attempting to induce, whether by threats, promises or otherwise, another person to contravene this Act; or\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by another person of this Act; or\nconspiring with other persons to contravene this Act.\n- (a) a contravention of this Act or a prescribed conduct provision; or\n- (b) attempting to contravene this Act or a prescribed conduct provision; or\n- (c) aiding, abetting, counselling or procuring another person to contravene this Act; or\n- (d) inducing or attempting to induce, whether by threats, promises or otherwise, another person to contravene this Act; or\n- (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by another person of this Act; or\n- (f) conspiring with other persons to contravene this Act.","sortOrder":264},{"sectionNumber":"sec.192","sectionType":"section","heading":"Who may apply for injunction","content":"### sec.192 Who may apply for injunction\n\nThe following persons may apply to the District Court for an injunction—\nthe chief executive;\na person aggrieved by the respondent’s conduct.\n- (a) the chief executive;\n- (b) a person aggrieved by the respondent’s conduct.","sortOrder":265},{"sectionNumber":"sec.193","sectionType":"section","heading":"When injunction may be granted","content":"### sec.193 When injunction may be granted\n\nAn injunction under this division may be granted by the District Court against a respondent at any time.","sortOrder":266},{"sectionNumber":"sec.194","sectionType":"section","heading":"Court’s powers for injunctions","content":"### sec.194 Court’s powers for injunctions\n\nThe power of the District Court to grant an injunction restraining a respondent from engaging in conduct may be exercised—\nwhether or not it appears to the court the respondent intends to engage again, or to continue to engage, in conduct of that kind; and\nwhether or not the respondent has previously engaged in conduct of that kind.\nThe power of the court to grant an injunction requiring the respondent to do an act or thing may be exercised—\nwhether or not it appears to the court the respondent intends to fail again, or to continue to fail, to do the act or thing; and\nwhether or not the respondent has previously failed to do the act or thing.\nAn interim injunction may be granted under this part until the application is finally decided.\nThe District Court may rescind or vary an injunction at any time.\n(sec.194-ssec.1) The power of the District Court to grant an injunction restraining a respondent from engaging in conduct may be exercised— whether or not it appears to the court the respondent intends to engage again, or to continue to engage, in conduct of that kind; and whether or not the respondent has previously engaged in conduct of that kind.\n(sec.194-ssec.2) The power of the court to grant an injunction requiring the respondent to do an act or thing may be exercised— whether or not it appears to the court the respondent intends to fail again, or to continue to fail, to do the act or thing; and whether or not the respondent has previously failed to do the act or thing.\n(sec.194-ssec.3) An interim injunction may be granted under this part until the application is finally decided.\n(sec.194-ssec.4) The District Court may rescind or vary an injunction at any time.\n- (a) whether or not it appears to the court the respondent intends to engage again, or to continue to engage, in conduct of that kind; and\n- (b) whether or not the respondent has previously engaged in conduct of that kind.\n- (a) whether or not it appears to the court the respondent intends to fail again, or to continue to fail, to do the act or thing; and\n- (b) whether or not the respondent has previously failed to do the act or thing.","sortOrder":267},{"sectionNumber":"sec.195","sectionType":"section","heading":"Terms of injunction","content":"### sec.195 Terms of injunction\n\nThe District Court may grant an injunction in the terms the court considers appropriate.\nWithout limiting the court’s power under subsection (1) , an injunction may be granted restraining a respondent from carrying on a business as a licensee (whether or not the person is licensed or the business is carried on as part of, or incidental to, the carrying on of another business)—\nfor a stated period; or\nother than on stated terms and conditions.\nAlso, the court may grant an injunction requiring a respondent to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the respondent’s contravention of this Act.\n(sec.195-ssec.1) The District Court may grant an injunction in the terms the court considers appropriate.\n(sec.195-ssec.2) Without limiting the court’s power under subsection (1) , an injunction may be granted restraining a respondent from carrying on a business as a licensee (whether or not the person is licensed or the business is carried on as part of, or incidental to, the carrying on of another business)— for a stated period; or other than on stated terms and conditions.\n(sec.195-ssec.3) Also, the court may grant an injunction requiring a respondent to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the respondent’s contravention of this Act.\n- (a) for a stated period; or\n- (b) other than on stated terms and conditions.","sortOrder":268},{"sectionNumber":"sec.196","sectionType":"section","heading":"Undertakings as to costs","content":"### sec.196 Undertakings as to costs\n\nIf the chief executive applies for an injunction under this division, no undertaking as to damages or costs may be required or made.","sortOrder":269},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Undertakings","content":"## Undertakings","sortOrder":270},{"sectionNumber":"sec.197","sectionType":"section","heading":"Chief executive may seek undertaking after contravention","content":"### sec.197 Chief executive may seek undertaking after contravention\n\nIf the chief executive believes on reasonable grounds a person has contravened or been involved in a contravention of this Act or a prescribed conduct provision, the chief executive may, by written notice given to the person—\nstate the act or omission the chief executive believes is the contravention; and\nask the person to give the chief executive a written undertaking the person will not continue or repeat the act or omission.\nThe chief executive can not start an offence proceeding against the person for the contravention if—\nthe person gives the undertaking; and\nthe chief executive accepts the undertaking; and\nfor a contravention consisting of a series of acts or omissions, the person stops the acts or omissions.\nSubsection (2) does not apply if the chief executive withdraws the undertaking under section 199 .\n(sec.197-ssec.1) If the chief executive believes on reasonable grounds a person has contravened or been involved in a contravention of this Act or a prescribed conduct provision, the chief executive may, by written notice given to the person— state the act or omission the chief executive believes is the contravention; and ask the person to give the chief executive a written undertaking the person will not continue or repeat the act or omission.\n(sec.197-ssec.2) The chief executive can not start an offence proceeding against the person for the contravention if— the person gives the undertaking; and the chief executive accepts the undertaking; and for a contravention consisting of a series of acts or omissions, the person stops the acts or omissions.\n(sec.197-ssec.3) Subsection (2) does not apply if the chief executive withdraws the undertaking under section 199 .\n- (a) state the act or omission the chief executive believes is the contravention; and\n- (b) ask the person to give the chief executive a written undertaking the person will not continue or repeat the act or omission.\n- (a) the person gives the undertaking; and\n- (b) the chief executive accepts the undertaking; and\n- (c) for a contravention consisting of a series of acts or omissions, the person stops the acts or omissions.","sortOrder":271},{"sectionNumber":"sec.198","sectionType":"section","heading":"Undertaking about other matter","content":"### sec.198 Undertaking about other matter\n\nWithout limiting section 197 , the chief executive may accept an undertaking given by a person about anything for which the chief executive or an inspector has a function or power.\nan undertaking to publish corrective advertising","sortOrder":272},{"sectionNumber":"sec.199","sectionType":"section","heading":"Variation and withdrawal of undertakings","content":"### sec.199 Variation and withdrawal of undertakings\n\nIf the chief executive accepts the undertaking, it may be varied or withdrawn at any time by—\nthe person who gave it, but only if the chief executive agrees to the variation or withdrawal; or\nthe chief executive, if the chief executive believes, on reasonable grounds—\nthat, before it was accepted, the person who gave it contravened this Act, or PAMDA , in a way unknown to the chief executive; and\nhad the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.\nThe chief executive may also withdraw the undertaking if the chief executive believes, on reasonable grounds, it is no longer necessary.\nIf the chief executive varies or withdraws, or agrees to the variation or withdrawal of, the undertaking, the chief executive must give the person written notice of its variation or withdrawal.\nThe variation or withdrawal takes effect when written notice of the variation or withdrawal is received by the person.\n(sec.199-ssec.1) If the chief executive accepts the undertaking, it may be varied or withdrawn at any time by— the person who gave it, but only if the chief executive agrees to the variation or withdrawal; or the chief executive, if the chief executive believes, on reasonable grounds— that, before it was accepted, the person who gave it contravened this Act, or PAMDA , in a way unknown to the chief executive; and had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.\n(sec.199-ssec.2) The chief executive may also withdraw the undertaking if the chief executive believes, on reasonable grounds, it is no longer necessary.\n(sec.199-ssec.3) If the chief executive varies or withdraws, or agrees to the variation or withdrawal of, the undertaking, the chief executive must give the person written notice of its variation or withdrawal.\n(sec.199-ssec.4) The variation or withdrawal takes effect when written notice of the variation or withdrawal is received by the person.\n- (a) the person who gave it, but only if the chief executive agrees to the variation or withdrawal; or\n- (b) the chief executive, if the chief executive believes, on reasonable grounds— (i) that, before it was accepted, the person who gave it contravened this Act, or PAMDA , in a way unknown to the chief executive; and (ii) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.\n- (i) that, before it was accepted, the person who gave it contravened this Act, or PAMDA , in a way unknown to the chief executive; and\n- (ii) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.\n- (i) that, before it was accepted, the person who gave it contravened this Act, or PAMDA , in a way unknown to the chief executive; and\n- (ii) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.","sortOrder":273},{"sectionNumber":"sec.200","sectionType":"section","heading":"Enforcement of undertakings","content":"### sec.200 Enforcement of undertakings\n\nIf the chief executive believes on reasonable grounds a person who gave an undertaking has contravened a term of the undertaking, the chief executive may apply to the District Court for an order under this section.\nIf the District Court is satisfied the person has contravened the term, the court may make 1 or more of the following orders—\nan order directing the person to comply with the term;\nan order directing the person to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the contravention;\nan order directing the person to pay compensation to another person who has suffered loss or damage because of the contravention;\nan order directing the person to give a security bond to the State for a stated period;\nanother order the court considers appropriate.\nThe District Court may order the forfeiture to the State of all or part of a security bond given by a person under subsection (2) (d) if—\nthe chief executive applies to the court for the order; and\nthe court is satisfied the person contravened the undertaking during the period for which the bond was given.\n(sec.200-ssec.1) If the chief executive believes on reasonable grounds a person who gave an undertaking has contravened a term of the undertaking, the chief executive may apply to the District Court for an order under this section.\n(sec.200-ssec.2) If the District Court is satisfied the person has contravened the term, the court may make 1 or more of the following orders— an order directing the person to comply with the term; an order directing the person to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the contravention; an order directing the person to pay compensation to another person who has suffered loss or damage because of the contravention; an order directing the person to give a security bond to the State for a stated period; another order the court considers appropriate.\n(sec.200-ssec.3) The District Court may order the forfeiture to the State of all or part of a security bond given by a person under subsection (2) (d) if— the chief executive applies to the court for the order; and the court is satisfied the person contravened the undertaking during the period for which the bond was given.\n- (a) an order directing the person to comply with the term;\n- (b) an order directing the person to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the contravention;\n- (c) an order directing the person to pay compensation to another person who has suffered loss or damage because of the contravention;\n- (d) an order directing the person to give a security bond to the State for a stated period;\n- (e) another order the court considers appropriate.\n- (a) the chief executive applies to the court for the order; and\n- (b) the court is satisfied the person contravened the undertaking during the period for which the bond was given.","sortOrder":274},{"sectionNumber":"sec.201","sectionType":"section","heading":"Register of undertakings","content":"### sec.201 Register of undertakings\n\nThe chief executive must keep a register of undertakings.\nThe register must contain a copy of each undertaking under this division.\nThe chief executive may publish the information contained in the register on the department’s website.\nA person may, on payment of the fee prescribed under a regulation, inspect, or get a copy of details in, the register—\nat a place or places decided by the chief executive; or\nby using a computer.\nThe person may pay the fee, in advance or in arrears, under an arrangement approved by the chief executive.\nThe register may be kept in the way the chief executive considers appropriate.\n(sec.201-ssec.1) The chief executive must keep a register of undertakings.\n(sec.201-ssec.2) The register must contain a copy of each undertaking under this division.\n(sec.201-ssec.3) The chief executive may publish the information contained in the register on the department’s website.\n(sec.201-ssec.4) A person may, on payment of the fee prescribed under a regulation, inspect, or get a copy of details in, the register— at a place or places decided by the chief executive; or by using a computer.\n(sec.201-ssec.5) The person may pay the fee, in advance or in arrears, under an arrangement approved by the chief executive.\n(sec.201-ssec.6) The register may be kept in the way the chief executive considers appropriate.\n- (a) at a place or places decided by the chief executive; or\n- (b) by using a computer.","sortOrder":275},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Preservation of assets","content":"## Preservation of assets","sortOrder":276},{"sectionNumber":"sec.202","sectionType":"section","heading":"Powers of court for preservation of assets","content":"### sec.202 Powers of court for preservation of assets\n\nThis section applies if any of the following proceedings have been started against a marketeer—\na proceeding before the District Court for the grant of an injunction;\na proceeding before the District Court about a contravention of an undertaking under division 2 ;\na marketeer proceeding;\na proceeding before the District Court under division 4 for a civil penalty.\nOn the chief executive’s application, the District Court may make an order mentioned in subsection (3) if satisfied—\nit is necessary or desirable to preserve property held by or for the marketeer, or part or all of an amount payable to or at the request of the marketeer, because the marketeer is or may become liable under this Act—\nto pay an amount to the State; or\nto pay compensation; or\nto refund an amount; or\nto transfer, sell or return other property; and\nit will not unduly prejudice the rights and interests of any other person.\nThe orders the court may make are—\nan order prohibiting a person who owes an amount to the marketeer or an associate of the marketeer from paying all or part of the amount to, or to another person at the request of, the marketeer or associate; and\nan order prohibiting a person holding property for the marketeer or an associate of the marketeer from transferring all or any of the property to, or to another person at the request of, the marketeer or associate; and\nan order prohibiting the taking, by any person, of the property of the marketeer or an associate of the marketeer out of the State; and\nif the marketeer is an individual—an order appointing a receiver or trustee of all or part of the property of the marketeer or an associate of the marketeer and providing for the powers of the receiver or trustee.\nSubject to subsection (5) , the order may be expressed to operate—\nfor a stated period; or\nuntil proceedings under another provision of this Act for which the order was made have ended.\nAn application and an order may be made under this section without notice to, and in the absence of, the marketeer or the associate, but the order must not be expressed to operate for a period of more than 30 days.\nA person to whom the order applies must comply with the order.\nMaximum penalty—540 penalty units.\nIn this section—\nassociate , of a marketeer, means—\na person holding property for the marketeer; or\nif the marketeer is a corporation—a wholly-owned subsidiary of the marketeer.\nprohibit means prohibit absolutely or on conditions.\nrequest includes direction.\ntake includes send and transfer.\ntransferring , in relation to property, means transferring, paying or otherwise parting with possession of the property.\n(sec.202-ssec.1) This section applies if any of the following proceedings have been started against a marketeer— a proceeding before the District Court for the grant of an injunction; a proceeding before the District Court about a contravention of an undertaking under division 2 ; a marketeer proceeding; a proceeding before the District Court under division 4 for a civil penalty.\n(sec.202-ssec.2) On the chief executive’s application, the District Court may make an order mentioned in subsection (3) if satisfied— it is necessary or desirable to preserve property held by or for the marketeer, or part or all of an amount payable to or at the request of the marketeer, because the marketeer is or may become liable under this Act— to pay an amount to the State; or to pay compensation; or to refund an amount; or to transfer, sell or return other property; and it will not unduly prejudice the rights and interests of any other person.\n(sec.202-ssec.3) The orders the court may make are— an order prohibiting a person who owes an amount to the marketeer or an associate of the marketeer from paying all or part of the amount to, or to another person at the request of, the marketeer or associate; and an order prohibiting a person holding property for the marketeer or an associate of the marketeer from transferring all or any of the property to, or to another person at the request of, the marketeer or associate; and an order prohibiting the taking, by any person, of the property of the marketeer or an associate of the marketeer out of the State; and if the marketeer is an individual—an order appointing a receiver or trustee of all or part of the property of the marketeer or an associate of the marketeer and providing for the powers of the receiver or trustee.\n(sec.202-ssec.4) Subject to subsection (5) , the order may be expressed to operate— for a stated period; or until proceedings under another provision of this Act for which the order was made have ended.\n(sec.202-ssec.5) An application and an order may be made under this section without notice to, and in the absence of, the marketeer or the associate, but the order must not be expressed to operate for a period of more than 30 days.\n(sec.202-ssec.6) A person to whom the order applies must comply with the order. Maximum penalty—540 penalty units.\n(sec.202-ssec.7) In this section— associate , of a marketeer, means— a person holding property for the marketeer; or if the marketeer is a corporation—a wholly-owned subsidiary of the marketeer. prohibit means prohibit absolutely or on conditions. request includes direction. take includes send and transfer. transferring , in relation to property, means transferring, paying or otherwise parting with possession of the property.\n- (a) a proceeding before the District Court for the grant of an injunction;\n- (b) a proceeding before the District Court about a contravention of an undertaking under division 2 ;\n- (c) a marketeer proceeding;\n- (d) a proceeding before the District Court under division 4 for a civil penalty.\n- (a) it is necessary or desirable to preserve property held by or for the marketeer, or part or all of an amount payable to or at the request of the marketeer, because the marketeer is or may become liable under this Act— (i) to pay an amount to the State; or (ii) to pay compensation; or (iii) to refund an amount; or (iv) to transfer, sell or return other property; and\n- (i) to pay an amount to the State; or\n- (ii) to pay compensation; or\n- (iii) to refund an amount; or\n- (iv) to transfer, sell or return other property; and\n- (b) it will not unduly prejudice the rights and interests of any other person.\n- (i) to pay an amount to the State; or\n- (ii) to pay compensation; or\n- (iii) to refund an amount; or\n- (iv) to transfer, sell or return other property; and\n- (a) an order prohibiting a person who owes an amount to the marketeer or an associate of the marketeer from paying all or part of the amount to, or to another person at the request of, the marketeer or associate; and\n- (b) an order prohibiting a person holding property for the marketeer or an associate of the marketeer from transferring all or any of the property to, or to another person at the request of, the marketeer or associate; and\n- (c) an order prohibiting the taking, by any person, of the property of the marketeer or an associate of the marketeer out of the State; and\n- (d) if the marketeer is an individual—an order appointing a receiver or trustee of all or part of the property of the marketeer or an associate of the marketeer and providing for the powers of the receiver or trustee.\n- (a) for a stated period; or\n- (b) until proceedings under another provision of this Act for which the order was made have ended.\n- (a) a person holding property for the marketeer; or\n- (b) if the marketeer is a corporation—a wholly-owned subsidiary of the marketeer.","sortOrder":277},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Civil penalties and compensation orders for particular contraventions","content":"## Civil penalties and compensation orders for particular contraventions","sortOrder":278},{"sectionNumber":"sec.203","sectionType":"section","heading":"Application for order imposing civil penalties","content":"### sec.203 Application for order imposing civil penalties\n\nIf the chief executive reasonably believes a person has contravened section 207 , 208 or 209 , the chief executive may apply to the District Court for an order requiring a person (the respondent )—\nto pay to the State an amount as a penalty (a money penalty ); or\nto pay to another person who suffered financial loss because of the contravention an amount as compensation.\nThe application may be made with another application the chief executive may make under this part.\n(sec.203-ssec.1) If the chief executive reasonably believes a person has contravened section 207 , 208 or 209 , the chief executive may apply to the District Court for an order requiring a person (the respondent )— to pay to the State an amount as a penalty (a money penalty ); or to pay to another person who suffered financial loss because of the contravention an amount as compensation.\n(sec.203-ssec.2) The application may be made with another application the chief executive may make under this part.\n- (a) to pay to the State an amount as a penalty (a money penalty ); or\n- (b) to pay to another person who suffered financial loss because of the contravention an amount as compensation.","sortOrder":279},{"sectionNumber":"sec.204","sectionType":"section","heading":"Orders District Court may make","content":"### sec.204 Orders District Court may make\n\nThis section applies if the District Court is satisfied the respondent has contravened section 207 , 208 or 209 .\nThe court may order the respondent to pay to the State a money penalty of not more than the limit of the court’s civil jurisdiction for each contravention.\nIf satisfied another person has suffered financial loss because of the contravention, the court may order the respondent to pay to the person an amount of compensation decided by the court of not more than the limit of the court’s civil jurisdiction.\nThe court must decide to make an order for the respondent to pay compensation rather than a money penalty if—\nthe respondent is an individual; and\nthe court proposes to order the respondent to pay a money penalty and compensation under subsection (3) ; and\nthe respondent does not have the resources to pay both.\nIf a corporation is ordered to pay a money penalty or compensation, the executive officers of the corporation are jointly and severally liable to pay the amount of the penalty or compensation, or any part of it, if the corporation does not have enough financial resources to pay the amount or the part.\nIt is a defence to a liability under subsection (5) for an executive officer to prove that—\nif the officer was in a position to influence the conduct of the corporation relating to the relevant contravention—the officer took all reasonable steps to ensure the relevant contravention did not happen; or\nthe officer was not in a position to influence the conduct of the corporation relating to the relevant contravention.\nFor subsection (6) (a) , it is sufficient for the executive officer to prove that the act or omission that was the relevant contravention was done or made without the officer’s knowledge despite the officer having taken all reasonable steps to ensure the relevant contravention did not happen.\nIn this section—\nrelevant contravention , in relation to a corporation, means the contravention by the corporation of section 207 , 208 or 209 .\n(sec.204-ssec.1) This section applies if the District Court is satisfied the respondent has contravened section 207 , 208 or 209 .\n(sec.204-ssec.2) The court may order the respondent to pay to the State a money penalty of not more than the limit of the court’s civil jurisdiction for each contravention.\n(sec.204-ssec.3) If satisfied another person has suffered financial loss because of the contravention, the court may order the respondent to pay to the person an amount of compensation decided by the court of not more than the limit of the court’s civil jurisdiction.\n(sec.204-ssec.4) The court must decide to make an order for the respondent to pay compensation rather than a money penalty if— the respondent is an individual; and the court proposes to order the respondent to pay a money penalty and compensation under subsection (3) ; and the respondent does not have the resources to pay both.\n(sec.204-ssec.5) If a corporation is ordered to pay a money penalty or compensation, the executive officers of the corporation are jointly and severally liable to pay the amount of the penalty or compensation, or any part of it, if the corporation does not have enough financial resources to pay the amount or the part.\n(sec.204-ssec.6) It is a defence to a liability under subsection (5) for an executive officer to prove that— if the officer was in a position to influence the conduct of the corporation relating to the relevant contravention—the officer took all reasonable steps to ensure the relevant contravention did not happen; or the officer was not in a position to influence the conduct of the corporation relating to the relevant contravention.\n(sec.204-ssec.7) For subsection (6) (a) , it is sufficient for the executive officer to prove that the act or omission that was the relevant contravention was done or made without the officer’s knowledge despite the officer having taken all reasonable steps to ensure the relevant contravention did not happen.\n(sec.204-ssec.8) In this section— relevant contravention , in relation to a corporation, means the contravention by the corporation of section 207 , 208 or 209 .\n- (a) the respondent is an individual; and\n- (b) the court proposes to order the respondent to pay a money penalty and compensation under subsection (3) ; and\n- (c) the respondent does not have the resources to pay both.\n- (a) if the officer was in a position to influence the conduct of the corporation relating to the relevant contravention—the officer took all reasonable steps to ensure the relevant contravention did not happen; or\n- (b) the officer was not in a position to influence the conduct of the corporation relating to the relevant contravention.","sortOrder":280},{"sectionNumber":"sec.205","sectionType":"section","heading":"Criteria for deciding amount to be ordered","content":"### sec.205 Criteria for deciding amount to be ordered\n\nTo decide an amount a respondent may be ordered to pay under section 204 , the District Court must consider—\nthe respondent’s conduct before and after the contravention; and\nwhether the conduct forming the basis of the contravention was deliberate; and\nthe period over which that conduct happened; and\nthe amount of financial loss caused by the contravention; and\nany similar past conduct of the respondent, including conduct happening before the commencement of this section; and\nthe respondent’s financial position; and\nwhether the conduct forming the basis of the contravention could have been prevented; and\nif the respondent is a corporation—the extent to which the executive officers of the corporation knew or should have known of the contravention; and\nany action the respondent took to remedy the contravention including, for example, compensating persons who suffered financial loss because of it; and\nthe extent to which the respondent cooperated with the chief executive to remedy the contravention and prevent future contraventions; and\nany other factor the court considers relevant.\n- (a) the respondent’s conduct before and after the contravention; and\n- (b) whether the conduct forming the basis of the contravention was deliberate; and\n- (c) the period over which that conduct happened; and\n- (d) the amount of financial loss caused by the contravention; and\n- (e) any similar past conduct of the respondent, including conduct happening before the commencement of this section; and\n- (f) the respondent’s financial position; and\n- (g) whether the conduct forming the basis of the contravention could have been prevented; and\n- (h) if the respondent is a corporation—the extent to which the executive officers of the corporation knew or should have known of the contravention; and\n- (i) any action the respondent took to remedy the contravention including, for example, compensating persons who suffered financial loss because of it; and\n- (j) the extent to which the respondent cooperated with the chief executive to remedy the contravention and prevent future contraventions; and\n- (k) any other factor the court considers relevant.","sortOrder":281},{"sectionNumber":"pt.11","sectionType":"part","heading":"General contraventions and evidentiary matters","content":"# General contraventions and evidentiary matters","sortOrder":282},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"General contraventions","content":"## General contraventions","sortOrder":283},{"sectionNumber":"sec.206","sectionType":"section","heading":"Wrongful conversion and false accounts","content":"### sec.206 Wrongful conversion and false accounts\n\nThis section applies if a licensee in performing the activities of a licensee or a real estate salesperson in performing the activities of a real estate salesperson—\nreceives an amount belonging to someone else; or\nfalsely accounts for money.\nThe licensee or real estate salesperson commits a crime if the licensee or salesperson—\ndishonestly converts the amount to the licensee’s or salesperson’s own or someone else’s use; or\ndishonestly renders an account of the amount knowing it to be false in a material particular.\nMaximum penalty—1,000 penalty units or 5 years imprisonment.\nFor a prosecution under subsection (2) (a) , it is enough for the prosecution to prove the licensee or real estate salesperson dishonestly converted an amount belonging to someone else to the licensee’s or salesperson’s own use or someone else’s use without having to prove the amount belonged to a particular person.\nIf conduct alleged to constitute an offence under subsection (2) is recurrent so that, but for this subsection, each instance of the conduct would allegedly constitute a separate offence, 2 or more instances of the conduct are to be taken to constitute 1 alleged offence committed over the period stated in the complaint or indictment in relation to the conduct, and may be charged and proceeded against on 1 charge.\nA licensee or real estate salesperson, in performing the activities of a licensee or real estate salesperson, must not, including by the rendering of an account, represent that the licensee or salesperson has received an amount from someone else when the licensee or salesperson has not in fact received the amount.\nMaximum penalty—540 penalty units.\nIn this section—\nlicensee includes a former licensee and a person who is not licensed, but who acts as a licensee.\nreal estate salesperson includes a former real estate salesperson and a person who is not a real estate salesperson, but who acts as a real estate salesperson.\nA person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n(sec.206-ssec.1) This section applies if a licensee in performing the activities of a licensee or a real estate salesperson in performing the activities of a real estate salesperson— receives an amount belonging to someone else; or falsely accounts for money.\n(sec.206-ssec.2) The licensee or real estate salesperson commits a crime if the licensee or salesperson— dishonestly converts the amount to the licensee’s or salesperson’s own or someone else’s use; or dishonestly renders an account of the amount knowing it to be false in a material particular. Maximum penalty—1,000 penalty units or 5 years imprisonment.\n(sec.206-ssec.3) For a prosecution under subsection (2) (a) , it is enough for the prosecution to prove the licensee or real estate salesperson dishonestly converted an amount belonging to someone else to the licensee’s or salesperson’s own use or someone else’s use without having to prove the amount belonged to a particular person.\n(sec.206-ssec.4) If conduct alleged to constitute an offence under subsection (2) is recurrent so that, but for this subsection, each instance of the conduct would allegedly constitute a separate offence, 2 or more instances of the conduct are to be taken to constitute 1 alleged offence committed over the period stated in the complaint or indictment in relation to the conduct, and may be charged and proceeded against on 1 charge.\n(sec.206-ssec.5) A licensee or real estate salesperson, in performing the activities of a licensee or real estate salesperson, must not, including by the rendering of an account, represent that the licensee or salesperson has received an amount from someone else when the licensee or salesperson has not in fact received the amount. Maximum penalty—540 penalty units.\n(sec.206-ssec.6) In this section— licensee includes a former licensee and a person who is not licensed, but who acts as a licensee. real estate salesperson includes a former real estate salesperson and a person who is not a real estate salesperson, but who acts as a real estate salesperson. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n- (a) receives an amount belonging to someone else; or\n- (b) falsely accounts for money.\n- (a) dishonestly converts the amount to the licensee’s or salesperson’s own or someone else’s use; or\n- (b) dishonestly renders an account of the amount knowing it to be false in a material particular.","sortOrder":284},{"sectionNumber":"sec.207","sectionType":"section","heading":"Misleading conduct","content":"### sec.207 Misleading conduct\n\nA marketeer must not, in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of residential property in Queensland, engage in conduct that is misleading or is likely to mislead.\nFor remedies for a contravention, see part 9 (QCAT proceedings).\nAlso, a person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n- 1 For remedies for a contravention, see part 9 (QCAT proceedings).\n- 2 Also, a person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.","sortOrder":285},{"sectionNumber":"sec.208","sectionType":"section","heading":"Unconscionable conduct","content":"### sec.208 Unconscionable conduct\n\nA marketeer must not, in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of residential property in Queensland, engage in conduct that is, in all the circumstances, unconscionable.\nFor remedies for a contravention, see part 9 (QCAT proceedings).\nWithout limiting the matters to which regard may be had to decide whether a marketeer has contravened subsection (1) , regard may be had to—\nthe relative strengths of the bargaining positions of the marketeer and the buyer of the property; and\nwhether, because of conduct engaged in by the marketeer, the buyer was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the marketeer; and\nwhether the buyer was able to understand any documents relating to the sale, or promotion of the sale, or provision of a service in connection with the sale, of the property; and\nwhether undue influence or pressure was exerted on, or any unfair tactics were used against, the buyer or the person acting for the buyer by the marketeer in connection with the marketing of the property; and\nthe amount for which, and the circumstances under which, the buyer could have acquired an equivalent or similar property from another person; and\nthe extent to which the marketeer’s conduct towards the buyer was consistent with the marketeer’s conduct in similar transactions between the marketeer and other like buyers; and\nthe extent to which the marketeer unreasonably failed to disclose to the buyer—\nany intended conduct of the marketeer that might affect the interests of the buyer; and\nany risks to the buyer arising from the marketeer’s intended conduct, if the risks are risks the marketeer should have foreseen would not be apparent to the buyer; and\nthe extent to which the marketeer failed to disclose to the buyer—\nany relationships of the marketeer to other marketeers in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property; or\nanything required to be disclosed under this Act; and\nthe extent to which the marketeer was unwilling to negotiate the terms and conditions of any contract for the sale of the property with the buyer; and\nwhether or not it was reasonably practicable for the buyer to negotiate for the alteration of, or to reject, any of the provisions of the contract for the property; and\nwhether or not the buyer or a person who represented the buyer was reasonably able to protect the interests of the buyer because of the age or physical or mental condition of the buyer or the person who represented the buyer; and\nwhether or not, and if so when, the buyer obtained, or an opportunity was made available to the buyer to obtain, independent legal, valuation or other expert advice; and\nthe extent to which the provisions of the contract and the contract’s legal and practical effect were accurately explained to the buyer and whether or not the buyer understood the provisions and their effect; and\nwhether the marketeer took measures to ensure the buyer understood the nature and implications of the transaction and, if so, the adequacy of the measures; and\nwhether at the time the contract was entered into, the marketeer knew, or could have ascertained by reasonable inquiry of the buyer at the time, that the buyer could not pay in accordance with its terms or not without substantial hardship; and\nthe extent to which the marketeer and the buyer acted in good faith.\nA person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n(sec.208-ssec.1) A marketeer must not, in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of residential property in Queensland, engage in conduct that is, in all the circumstances, unconscionable. For remedies for a contravention, see part 9 (QCAT proceedings).\n(sec.208-ssec.2) Without limiting the matters to which regard may be had to decide whether a marketeer has contravened subsection (1) , regard may be had to— the relative strengths of the bargaining positions of the marketeer and the buyer of the property; and whether, because of conduct engaged in by the marketeer, the buyer was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the marketeer; and whether the buyer was able to understand any documents relating to the sale, or promotion of the sale, or provision of a service in connection with the sale, of the property; and whether undue influence or pressure was exerted on, or any unfair tactics were used against, the buyer or the person acting for the buyer by the marketeer in connection with the marketing of the property; and the amount for which, and the circumstances under which, the buyer could have acquired an equivalent or similar property from another person; and the extent to which the marketeer’s conduct towards the buyer was consistent with the marketeer’s conduct in similar transactions between the marketeer and other like buyers; and the extent to which the marketeer unreasonably failed to disclose to the buyer— any intended conduct of the marketeer that might affect the interests of the buyer; and any risks to the buyer arising from the marketeer’s intended conduct, if the risks are risks the marketeer should have foreseen would not be apparent to the buyer; and the extent to which the marketeer failed to disclose to the buyer— any relationships of the marketeer to other marketeers in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property; or anything required to be disclosed under this Act; and the extent to which the marketeer was unwilling to negotiate the terms and conditions of any contract for the sale of the property with the buyer; and whether or not it was reasonably practicable for the buyer to negotiate for the alteration of, or to reject, any of the provisions of the contract for the property; and whether or not the buyer or a person who represented the buyer was reasonably able to protect the interests of the buyer because of the age or physical or mental condition of the buyer or the person who represented the buyer; and whether or not, and if so when, the buyer obtained, or an opportunity was made available to the buyer to obtain, independent legal, valuation or other expert advice; and the extent to which the provisions of the contract and the contract’s legal and practical effect were accurately explained to the buyer and whether or not the buyer understood the provisions and their effect; and whether the marketeer took measures to ensure the buyer understood the nature and implications of the transaction and, if so, the adequacy of the measures; and whether at the time the contract was entered into, the marketeer knew, or could have ascertained by reasonable inquiry of the buyer at the time, that the buyer could not pay in accordance with its terms or not without substantial hardship; and the extent to which the marketeer and the buyer acted in good faith. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n- (a) the relative strengths of the bargaining positions of the marketeer and the buyer of the property; and\n- (b) whether, because of conduct engaged in by the marketeer, the buyer was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the marketeer; and\n- (c) whether the buyer was able to understand any documents relating to the sale, or promotion of the sale, or provision of a service in connection with the sale, of the property; and\n- (d) whether undue influence or pressure was exerted on, or any unfair tactics were used against, the buyer or the person acting for the buyer by the marketeer in connection with the marketing of the property; and\n- (e) the amount for which, and the circumstances under which, the buyer could have acquired an equivalent or similar property from another person; and\n- (f) the extent to which the marketeer’s conduct towards the buyer was consistent with the marketeer’s conduct in similar transactions between the marketeer and other like buyers; and\n- (g) the extent to which the marketeer unreasonably failed to disclose to the buyer— (i) any intended conduct of the marketeer that might affect the interests of the buyer; and (ii) any risks to the buyer arising from the marketeer’s intended conduct, if the risks are risks the marketeer should have foreseen would not be apparent to the buyer; and\n- (i) any intended conduct of the marketeer that might affect the interests of the buyer; and\n- (ii) any risks to the buyer arising from the marketeer’s intended conduct, if the risks are risks the marketeer should have foreseen would not be apparent to the buyer; and\n- (h) the extent to which the marketeer failed to disclose to the buyer— (i) any relationships of the marketeer to other marketeers in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property; or (ii) anything required to be disclosed under this Act; and\n- (i) any relationships of the marketeer to other marketeers in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property; or\n- (ii) anything required to be disclosed under this Act; and\n- (i) the extent to which the marketeer was unwilling to negotiate the terms and conditions of any contract for the sale of the property with the buyer; and\n- (j) whether or not it was reasonably practicable for the buyer to negotiate for the alteration of, or to reject, any of the provisions of the contract for the property; and\n- (k) whether or not the buyer or a person who represented the buyer was reasonably able to protect the interests of the buyer because of the age or physical or mental condition of the buyer or the person who represented the buyer; and\n- (l) whether or not, and if so when, the buyer obtained, or an opportunity was made available to the buyer to obtain, independent legal, valuation or other expert advice; and\n- (m) the extent to which the provisions of the contract and the contract’s legal and practical effect were accurately explained to the buyer and whether or not the buyer understood the provisions and their effect; and\n- (n) whether the marketeer took measures to ensure the buyer understood the nature and implications of the transaction and, if so, the adequacy of the measures; and\n- (o) whether at the time the contract was entered into, the marketeer knew, or could have ascertained by reasonable inquiry of the buyer at the time, that the buyer could not pay in accordance with its terms or not without substantial hardship; and\n- (p) the extent to which the marketeer and the buyer acted in good faith.\n- (i) any intended conduct of the marketeer that might affect the interests of the buyer; and\n- (ii) any risks to the buyer arising from the marketeer’s intended conduct, if the risks are risks the marketeer should have foreseen would not be apparent to the buyer; and\n- (i) any relationships of the marketeer to other marketeers in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of the property; or\n- (ii) anything required to be disclosed under this Act; and","sortOrder":286},{"sectionNumber":"sec.209","sectionType":"section","heading":"False representations and other misleading conduct relating to residential property","content":"### sec.209 False representations and other misleading conduct relating to residential property\n\nA marketeer must not, in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of residential property in Queensland, represent in any way to someone else anything that is false or misleading.\nFor remedies for a contravention, see part 9 (QCAT proceedings).\nWithout limiting subsection (1) , a marketeer must not, in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of residential property, or the possible sale of residential property, in Queensland—\nrepresent that the person has a sponsorship, approval or affiliation the person does not have; or\nmake a false or misleading representation about the following—\nthe nature of the interest in the property;\nthe price payable for the property;\nthe location of the property;\nthe characteristics of the property;\nthe use to which the property is capable of being put or may lawfully be put;\nthe existence or availability of facilities associated with the property;\nthe value of the property at the date of the sale;\nthe potential income from the leasing of the property;\nif the property has been previously sold, the date of the sale and the consideration for the sale;\nhow the purchase of the property may affect the incidence of income taxation on the buyer; or\noffer gifts, prizes or other free items with the intention of not providing them or of not providing them as offered.\nFor remedies for a contravention, see part 9 (Proceedings).\nWithout limiting subsection (1) or (2) , a representation is taken, for the subsection, to be false or misleading if it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the representation indicates that state of affairs does exist.\nAlso, if a person makes a representation relating to a matter and the person does not have reasonable grounds for making the representation, the representation is taken to be misleading.\nThe onus of establishing the person had reasonable grounds for making the representation is on the person.\nIt is not a defence to a proceeding for a contravention of subsection (1) or (2) for the marketeer to prove that an agreement with the person was terminated or that the person did not enter into an agreement because of the representation.\nIn this section—\nfalse or misleading , for a representation, includes the wilful concealment of a material fact in the representation.\nA person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n(sec.209-ssec.1) A marketeer must not, in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of residential property in Queensland, represent in any way to someone else anything that is false or misleading. For remedies for a contravention, see part 9 (QCAT proceedings).\n(sec.209-ssec.2) Without limiting subsection (1) , a marketeer must not, in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of residential property, or the possible sale of residential property, in Queensland— represent that the person has a sponsorship, approval or affiliation the person does not have; or make a false or misleading representation about the following— the nature of the interest in the property; the price payable for the property; the location of the property; the characteristics of the property; the use to which the property is capable of being put or may lawfully be put; the existence or availability of facilities associated with the property; the value of the property at the date of the sale; the potential income from the leasing of the property; if the property has been previously sold, the date of the sale and the consideration for the sale; how the purchase of the property may affect the incidence of income taxation on the buyer; or offer gifts, prizes or other free items with the intention of not providing them or of not providing them as offered. For remedies for a contravention, see part 9 (Proceedings).\n(sec.209-ssec.3) Without limiting subsection (1) or (2) , a representation is taken, for the subsection, to be false or misleading if it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the representation indicates that state of affairs does exist.\n(sec.209-ssec.4) Also, if a person makes a representation relating to a matter and the person does not have reasonable grounds for making the representation, the representation is taken to be misleading.\n(sec.209-ssec.5) The onus of establishing the person had reasonable grounds for making the representation is on the person.\n(sec.209-ssec.6) It is not a defence to a proceeding for a contravention of subsection (1) or (2) for the marketeer to prove that an agreement with the person was terminated or that the person did not enter into an agreement because of the representation.\n(sec.209-ssec.7) In this section— false or misleading , for a representation, includes the wilful concealment of a material fact in the representation. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n- (a) represent that the person has a sponsorship, approval or affiliation the person does not have; or\n- (b) make a false or misleading representation about the following— (i) the nature of the interest in the property; (ii) the price payable for the property; (iii) the location of the property; (iv) the characteristics of the property; (v) the use to which the property is capable of being put or may lawfully be put; (vi) the existence or availability of facilities associated with the property; (vii) the value of the property at the date of the sale; (viii) the potential income from the leasing of the property; (ix) if the property has been previously sold, the date of the sale and the consideration for the sale; (x) how the purchase of the property may affect the incidence of income taxation on the buyer; or\n- (i) the nature of the interest in the property;\n- (ii) the price payable for the property;\n- (iii) the location of the property;\n- (iv) the characteristics of the property;\n- (v) the use to which the property is capable of being put or may lawfully be put;\n- (vi) the existence or availability of facilities associated with the property;\n- (vii) the value of the property at the date of the sale;\n- (viii) the potential income from the leasing of the property;\n- (ix) if the property has been previously sold, the date of the sale and the consideration for the sale;\n- (x) how the purchase of the property may affect the incidence of income taxation on the buyer; or\n- (c) offer gifts, prizes or other free items with the intention of not providing them or of not providing them as offered.\n- (i) the nature of the interest in the property;\n- (ii) the price payable for the property;\n- (iii) the location of the property;\n- (iv) the characteristics of the property;\n- (v) the use to which the property is capable of being put or may lawfully be put;\n- (vi) the existence or availability of facilities associated with the property;\n- (vii) the value of the property at the date of the sale;\n- (viii) the potential income from the leasing of the property;\n- (ix) if the property has been previously sold, the date of the sale and the consideration for the sale;\n- (x) how the purchase of the property may affect the incidence of income taxation on the buyer; or","sortOrder":287},{"sectionNumber":"sec.210","sectionType":"section","heading":"Application of ss 207 , 208 and 209","content":"### sec.210 Application of ss 207 , 208 and 209\n\nSections 207 , 208 and 209 are in addition to, and do not limit, another Act or law about conduct mentioned in them.\nAustralian Consumer Law (Queensland) , section 30 (False or misleading representations about sale etc. of land)\nSections 207 , 208 and 209 apply to conduct, whether happening in or outside Queensland, relating to residential property in Queensland.\n(sec.210-ssec.1) Sections 207 , 208 and 209 are in addition to, and do not limit, another Act or law about conduct mentioned in them. Australian Consumer Law (Queensland) , section 30 (False or misleading representations about sale etc. of land)\n(sec.210-ssec.2) Sections 207 , 208 and 209 apply to conduct, whether happening in or outside Queensland, relating to residential property in Queensland.","sortOrder":288},{"sectionNumber":"sec.211","sectionType":"section","heading":"Offensive conduct relating to residential property","content":"### sec.211 Offensive conduct relating to residential property\n\nA marketeer must not unduly harass another person in connection with the sale or possible sale of residential property in Queensland.\nMaximum penalty—540 penalty units.\nIn this section—\nunduly harass includes—\nthe use of any physical force; and\ncoercion.\n(sec.211-ssec.1) A marketeer must not unduly harass another person in connection with the sale or possible sale of residential property in Queensland. Maximum penalty—540 penalty units.\n(sec.211-ssec.2) In this section— unduly harass includes— the use of any physical force; and coercion.\n- (a) the use of any physical force; and\n- (b) coercion.","sortOrder":289},{"sectionNumber":"sec.212","sectionType":"section","heading":"False representations about property","content":"### sec.212 False representations about property\n\nA licensee or real estate salesperson must not represent to someone else anything that is false or misleading relating to the letting, exchange or sale of real property.\nMaximum penalty—540 penalty units.\nWithout limiting subsection (1) , a licensee or real estate salesperson must not, in connection with the sale, or the possible sale, of an interest in real property or in connection with the promotion of the sale of an interest in real property, represent to someone else anything that is false or misleading relating to—\nthe value of the real property at the date of sale; or\nthe potential income from the leasing of the land; or\nif the land has been previously sold, the date of the sale and the consideration for the sale; or\nhow the purchase of the real property may affect the incidence of income taxation on the buyer.\nMaximum penalty—540 penalty units.\nWithout limiting subsection (1) or (2) , a representation is taken, for the subsection, to be false or misleading if it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the representation indicates that the state of affairs does exist.\nAlso, if a person makes a representation relating to a matter and the person does not have reasonable grounds for making the representation, the representation is taken to be misleading.\nThe onus of establishing the person had reasonable grounds for making the representation is on the person.\nIt is not a defence to a prosecution under subsection (1) or (2) for the defendant to prove that an agreement with the person was terminated or that the person did not enter into an agreement because of the representation.\nThis section does not limit another Act or law about false or misleading representations.\nAustralian Consumer Law (Queensland) , section 30 (False or misleading representations about sale etc. of land)\nIn this section—\nfalse or misleading , for a representation, includes the wilful concealment of a material fact in the representation.\nA person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n(sec.212-ssec.1) A licensee or real estate salesperson must not represent to someone else anything that is false or misleading relating to the letting, exchange or sale of real property. Maximum penalty—540 penalty units.\n(sec.212-ssec.2) Without limiting subsection (1) , a licensee or real estate salesperson must not, in connection with the sale, or the possible sale, of an interest in real property or in connection with the promotion of the sale of an interest in real property, represent to someone else anything that is false or misleading relating to— the value of the real property at the date of sale; or the potential income from the leasing of the land; or if the land has been previously sold, the date of the sale and the consideration for the sale; or how the purchase of the real property may affect the incidence of income taxation on the buyer. Maximum penalty—540 penalty units.\n(sec.212-ssec.3) Without limiting subsection (1) or (2) , a representation is taken, for the subsection, to be false or misleading if it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the representation indicates that the state of affairs does exist.\n(sec.212-ssec.4) Also, if a person makes a representation relating to a matter and the person does not have reasonable grounds for making the representation, the representation is taken to be misleading.\n(sec.212-ssec.5) The onus of establishing the person had reasonable grounds for making the representation is on the person.\n(sec.212-ssec.6) It is not a defence to a prosecution under subsection (1) or (2) for the defendant to prove that an agreement with the person was terminated or that the person did not enter into an agreement because of the representation.\n(sec.212-ssec.7) This section does not limit another Act or law about false or misleading representations. Australian Consumer Law (Queensland) , section 30 (False or misleading representations about sale etc. of land)\n(sec.212-ssec.8) In this section— false or misleading , for a representation, includes the wilful concealment of a material fact in the representation. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.\n- (a) the value of the real property at the date of sale; or\n- (b) the potential income from the leasing of the land; or\n- (c) if the land has been previously sold, the date of the sale and the consideration for the sale; or\n- (d) how the purchase of the real property may affect the incidence of income taxation on the buyer.","sortOrder":290},{"sectionNumber":"sec.213","sectionType":"section","heading":"Representation of price of property to seller—auctioneer","content":"### sec.213 Representation of price of property to seller—auctioneer\n\nThis section applies if a person wanting to sell residential property (a seller ) asks an auctioneer for information about the price at which the residential property that is to be, or may be, offered for sale by auction (the offered property ) is likely to be sold if it is sold by auction.\nThe auctioneer must give the seller a written notice stating that if the seller does not set a price at which the seller agrees to sell the offered property (a reserve price ), the offered property will be sold for the price offered by the highest of any bids made when the property is auctioned.\nMaximum penalty—200 penalty units.\nIf the seller appoints the auctioneer to sell the offered property, the auctioneer must obtain from the seller before the offered property is auctioned a written notice stating—\nif the seller sets a reserve price—the reserve price; or\nif the seller does not set a reserve price—that the seller understands the offered property will be sold for the highest of any bids made when the offered property is auctioned.\nMaximum penalty—200 penalty units.\nAn auctioneer must not help a seller decide the reserve price for offered property unless, before the seller decides the price, the auctioneer gives the seller—\na copy of a comparative market analysis for the offered property; or\nif a comparative market analysis can not be prepared for the offered property, a written explanation showing how the auctioneer decided the market value of the property.\nMaximum penalty—540 penalty units.\n(sec.213-ssec.1) This section applies if a person wanting to sell residential property (a seller ) asks an auctioneer for information about the price at which the residential property that is to be, or may be, offered for sale by auction (the offered property ) is likely to be sold if it is sold by auction.\n(sec.213-ssec.2) The auctioneer must give the seller a written notice stating that if the seller does not set a price at which the seller agrees to sell the offered property (a reserve price ), the offered property will be sold for the price offered by the highest of any bids made when the property is auctioned. Maximum penalty—200 penalty units.\n(sec.213-ssec.3) If the seller appoints the auctioneer to sell the offered property, the auctioneer must obtain from the seller before the offered property is auctioned a written notice stating— if the seller sets a reserve price—the reserve price; or if the seller does not set a reserve price—that the seller understands the offered property will be sold for the highest of any bids made when the offered property is auctioned. Maximum penalty—200 penalty units.\n(sec.213-ssec.4) An auctioneer must not help a seller decide the reserve price for offered property unless, before the seller decides the price, the auctioneer gives the seller— a copy of a comparative market analysis for the offered property; or if a comparative market analysis can not be prepared for the offered property, a written explanation showing how the auctioneer decided the market value of the property. Maximum penalty—540 penalty units.\n- (a) if the seller sets a reserve price—the reserve price; or\n- (b) if the seller does not set a reserve price—that the seller understands the offered property will be sold for the highest of any bids made when the offered property is auctioned.\n- (a) a copy of a comparative market analysis for the offered property; or\n- (b) if a comparative market analysis can not be prepared for the offered property, a written explanation showing how the auctioneer decided the market value of the property.","sortOrder":291},{"sectionNumber":"sec.214","sectionType":"section","heading":"Auctioneer not to disclose reserve or other price","content":"### sec.214 Auctioneer not to disclose reserve or other price\n\nThis section applies if residential property is to be, may be or is being, offered for sale by auction ( offered property ).\nThe auctioneer must not disclose to a person other than a person acting for the seller in relation to the sale—\nthe reserve price set for the offered property; or\nan amount the auctioneer considers is a price likely to result in a successful or acceptable bid for the offered property; or\na price guide for the offered property.\nMaximum penalty—540 penalty units.\nHowever, if during the auction, the reserve price is reached or exceeded, the auctioneer does not contravene subsection (2) only by disclosing, to persons present at the auction, that the reserve price has been met.\nthe auctioneer announcing during the auction that the property is on the market\nAlso, an auctioneer does not contravene subsection (2) (c) only because a price or price range for the property is disclosed by the auctioneer to an electronic listings provider to establish search criteria for listing the property for sale on the provider’s website or other electronic medium.\nHowever, subsection (4) applies only if the auctioneer is satisfied on reasonable grounds that—\nthe electronic listings provider will list the property for sale on the website without disclosing the price or price range; and\nthe listing will include any statement prescribed under a regulation.\nIf an auctioneer gives a copy of a comparative analysis or a written explanation ( market information ) to a seller under section 213 (4) , the auctioneer must not give the market information to a person without the seller’s written approval.\nMaximum penalty—540 penalty units.\n(sec.214-ssec.1) This section applies if residential property is to be, may be or is being, offered for sale by auction ( offered property ).\n(sec.214-ssec.2) The auctioneer must not disclose to a person other than a person acting for the seller in relation to the sale— the reserve price set for the offered property; or an amount the auctioneer considers is a price likely to result in a successful or acceptable bid for the offered property; or a price guide for the offered property. Maximum penalty—540 penalty units.\n(sec.214-ssec.3) However, if during the auction, the reserve price is reached or exceeded, the auctioneer does not contravene subsection (2) only by disclosing, to persons present at the auction, that the reserve price has been met. the auctioneer announcing during the auction that the property is on the market\n(sec.214-ssec.4) Also, an auctioneer does not contravene subsection (2) (c) only because a price or price range for the property is disclosed by the auctioneer to an electronic listings provider to establish search criteria for listing the property for sale on the provider’s website or other electronic medium.\n(sec.214-ssec.5) However, subsection (4) applies only if the auctioneer is satisfied on reasonable grounds that— the electronic listings provider will list the property for sale on the website without disclosing the price or price range; and the listing will include any statement prescribed under a regulation.\n(sec.214-ssec.6) If an auctioneer gives a copy of a comparative analysis or a written explanation ( market information ) to a seller under section 213 (4) , the auctioneer must not give the market information to a person without the seller’s written approval. Maximum penalty—540 penalty units.\n- (a) the reserve price set for the offered property; or\n- (b) an amount the auctioneer considers is a price likely to result in a successful or acceptable bid for the offered property; or\n- (c) a price guide for the offered property.\n- (a) the electronic listings provider will list the property for sale on the website without disclosing the price or price range; and\n- (b) the listing will include any statement prescribed under a regulation.","sortOrder":292},{"sectionNumber":"sec.215","sectionType":"section","heading":"Representation of price of property—real estate agent","content":"### sec.215 Representation of price of property—real estate agent\n\nThis section applies if a person wanting to sell residential property asks a real estate agent for information about the price at which residential property that is to be, or may be, offered for sale, whether or not by auction, ( offered property ) is likely to be sold.\nIf the real estate agent decides to give the person the information, the real estate agent must, when giving the person the information, give the person—\na copy of a comparative market analysis for the offered property; or\nif a comparative market analysis can not be prepared for the offered property, a written explanation showing how the real estate agent decided the market value of the property.\nMaximum penalty—540 penalty units.\n(sec.215-ssec.1) This section applies if a person wanting to sell residential property asks a real estate agent for information about the price at which residential property that is to be, or may be, offered for sale, whether or not by auction, ( offered property ) is likely to be sold.\n(sec.215-ssec.2) If the real estate agent decides to give the person the information, the real estate agent must, when giving the person the information, give the person— a copy of a comparative market analysis for the offered property; or if a comparative market analysis can not be prepared for the offered property, a written explanation showing how the real estate agent decided the market value of the property. Maximum penalty—540 penalty units.\n- (a) a copy of a comparative market analysis for the offered property; or\n- (b) if a comparative market analysis can not be prepared for the offered property, a written explanation showing how the real estate agent decided the market value of the property.","sortOrder":293},{"sectionNumber":"sec.216","sectionType":"section","heading":"Real estate agent not to disclose reserve or other price","content":"### sec.216 Real estate agent not to disclose reserve or other price\n\nThis section applies if residential property is to be, may be or is being, offered for sale, whether or not by auction ( offered property ).\nIf the offered property is to be, may be or is being offered for sale by auction, the real estate agent must not disclose to a person other than a person acting for the seller in relation to the sale—\nthe reserve price set for the offered property; or\nan amount the real estate agent considers is a price likely to result in a successful or acceptable bid for the offered property; or\na price guide for the offered property.\nMaximum penalty—540 penalty units.\nIf the property is not to be offered for sale by auction and the seller has instructed the real estate agent not to disclose the price at which the seller is willing to sell the offered property, the real estate agent must not disclose to a person, other than a person acting for the seller in relation to the sale—\nan amount the real estate agent considers is a price likely to result in a successful or acceptable bid for the offered property; or\na price guide for the offered property.\nMaximum penalty—540 penalty units.\nA real estate agent does not contravene subsection (2) (c) or (3) (b) only because a price or price range for the property is disclosed by the real estate agent to an electronic listings provider to establish search criteria for listing the property for sale on the provider’s website or other electronic medium.\nHowever, subsection (4) applies only if the real estate agent is satisfied on reasonable grounds that—\nthe electronic listings provider will list the property for sale on the website without disclosing the price or price range; and\nthe listing will include any statement prescribed under a regulation.\nIf a real estate agent gives a copy of a comparative analysis or a written explanation ( market information ) to a seller under section 215 (2) , the real estate agent must not give the market information to a person without the seller’s written approval.\nMaximum penalty—540 penalty units.\n(sec.216-ssec.1) This section applies if residential property is to be, may be or is being, offered for sale, whether or not by auction ( offered property ).\n(sec.216-ssec.2) If the offered property is to be, may be or is being offered for sale by auction, the real estate agent must not disclose to a person other than a person acting for the seller in relation to the sale— the reserve price set for the offered property; or an amount the real estate agent considers is a price likely to result in a successful or acceptable bid for the offered property; or a price guide for the offered property. Maximum penalty—540 penalty units.\n(sec.216-ssec.3) If the property is not to be offered for sale by auction and the seller has instructed the real estate agent not to disclose the price at which the seller is willing to sell the offered property, the real estate agent must not disclose to a person, other than a person acting for the seller in relation to the sale— an amount the real estate agent considers is a price likely to result in a successful or acceptable bid for the offered property; or a price guide for the offered property. Maximum penalty—540 penalty units.\n(sec.216-ssec.4) A real estate agent does not contravene subsection (2) (c) or (3) (b) only because a price or price range for the property is disclosed by the real estate agent to an electronic listings provider to establish search criteria for listing the property for sale on the provider’s website or other electronic medium.\n(sec.216-ssec.5) However, subsection (4) applies only if the real estate agent is satisfied on reasonable grounds that— the electronic listings provider will list the property for sale on the website without disclosing the price or price range; and the listing will include any statement prescribed under a regulation.\n(sec.216-ssec.6) If a real estate agent gives a copy of a comparative analysis or a written explanation ( market information ) to a seller under section 215 (2) , the real estate agent must not give the market information to a person without the seller’s written approval. Maximum penalty—540 penalty units.\n- (a) the reserve price set for the offered property; or\n- (b) an amount the real estate agent considers is a price likely to result in a successful or acceptable bid for the offered property; or\n- (c) a price guide for the offered property.\n- (a) an amount the real estate agent considers is a price likely to result in a successful or acceptable bid for the offered property; or\n- (b) a price guide for the offered property.\n- (a) the electronic listings provider will list the property for sale on the website without disclosing the price or price range; and\n- (b) the listing will include any statement prescribed under a regulation.","sortOrder":294},{"sectionNumber":"sec.217","sectionType":"section","heading":"Chief executive to ask for substantiation of representations made by marketeers","content":"### sec.217 Chief executive to ask for substantiation of representations made by marketeers\n\nThis section applies if the chief executive believes, on reasonable grounds, that a marketeer has made a representation in contravention of section 209 (1) or (2) .\nThe chief executive may, by written notice, ask the person to give to the chief executive written proof supporting the representation.\nThe notice must—\nstate a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and\nwarn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse.\nThe person must comply with the notice by the stated day, unless the person has a reasonable excuse.\nMaximum penalty—540 penalty units.\nIt is a reasonable excuse for an individual to fail to comply with subsection (4) that complying with the subsection might tend to incriminate the individual.\n(sec.217-ssec.1) This section applies if the chief executive believes, on reasonable grounds, that a marketeer has made a representation in contravention of section 209 (1) or (2) .\n(sec.217-ssec.2) The chief executive may, by written notice, ask the person to give to the chief executive written proof supporting the representation.\n(sec.217-ssec.3) The notice must— state a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and warn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse.\n(sec.217-ssec.4) The person must comply with the notice by the stated day, unless the person has a reasonable excuse. Maximum penalty—540 penalty units.\n(sec.217-ssec.5) It is a reasonable excuse for an individual to fail to comply with subsection (4) that complying with the subsection might tend to incriminate the individual.\n- (a) state a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and\n- (b) warn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse.","sortOrder":295},{"sectionNumber":"sec.218","sectionType":"section","heading":"Chief executive’s power to ask for substantiation of representations made by licensees or real estate salespersons","content":"### sec.218 Chief executive’s power to ask for substantiation of representations made by licensees or real estate salespersons\n\nThis section applies if the chief executive believes, on reasonable grounds, that a licensee or real estate salesperson has made a representation in contravention of section 212 (1) or (2) .\nThe chief executive may, by written notice, ask the person to give the chief executive written proof supporting the representation.\nThe notice must—\nstate a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and\nwarn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse.\nThe person must comply with the notice by the stated day, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for an individual to fail to comply with subsection (4) that complying with the subsection might tend to incriminate the individual.\n(sec.218-ssec.1) This section applies if the chief executive believes, on reasonable grounds, that a licensee or real estate salesperson has made a representation in contravention of section 212 (1) or (2) .\n(sec.218-ssec.2) The chief executive may, by written notice, ask the person to give the chief executive written proof supporting the representation.\n(sec.218-ssec.3) The notice must— state a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and warn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse.\n(sec.218-ssec.4) The person must comply with the notice by the stated day, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.218-ssec.5) It is a reasonable excuse for an individual to fail to comply with subsection (4) that complying with the subsection might tend to incriminate the individual.\n- (a) state a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and\n- (b) warn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse.","sortOrder":296},{"sectionNumber":"sec.219","sectionType":"section","heading":"Offence to charge fee for providing documents etc.","content":"### sec.219 Offence to charge fee for providing documents etc.\n\nA licensee or real estate salesperson must not charge a fee for the provision, preparation or completion of a document for a transaction relating to, or arising out of, the performance of a licensee’s activities.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nSubsection (1) does not limit the Legal Profession Act 2007 , section 24 or 25 .\n(sec.219-ssec.1) A licensee or real estate salesperson must not charge a fee for the provision, preparation or completion of a document for a transaction relating to, or arising out of, the performance of a licensee’s activities. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.219-ssec.2) Subsection (1) does not limit the Legal Profession Act 2007 , section 24 or 25 .","sortOrder":297},{"sectionNumber":"sec.220","sectionType":"section","heading":"False or misleading statements","content":"### sec.220 False or misleading statements\n\nA person must not, for this Act, state anything to an official the person knows is false or misleading in a material particular.\nMaximum penalty—200 penalty units or 2 years imprisonment.","sortOrder":298},{"sectionNumber":"sec.221","sectionType":"section","heading":"False or misleading documents","content":"### sec.221 False or misleading documents\n\nA person must not, for this Act, give an official a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to a person if the person, when giving the document—\ninforms the official, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information, gives the correct information.\nA person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular.\nMaximum penalty—200 penalty units or 2 years imprisonment.\n(sec.221-ssec.1) A person must not, for this Act, give an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.221-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— informs the official, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information, gives the correct information.\n(sec.221-ssec.3) A person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular. Maximum penalty—200 penalty units or 2 years imprisonment.\n- (a) informs the official, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information, gives the correct information.","sortOrder":299},{"sectionNumber":"sec.222","sectionType":"section","heading":"Prohibited practices","content":"### sec.222 Prohibited practices\n\nA person must not, for reward, supply or undertake to supply, advertise, or hold out, that the person will supply to another person addresses or other particulars of—\nplaces of residence that are to let; or\nplaces of residence or land or interests in places of residence or land that are for sale.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nSubsection (1) does not apply to a property agent that has been appointed by the landlord or seller of the places of residence or land or interests in the places of residence or land to perform an activity and has the landlord’s or seller’s consent to supply the particulars.\nA person (the first person ) must not make an unsolicited invitation to another person to attend a property information session unless the first person is a property developer, a property agent or someone acting for the developer or agent.\nMaximum penalty—200 penalty units or 2 years imprisonment.\n(sec.222-ssec.1) A person must not, for reward, supply or undertake to supply, advertise, or hold out, that the person will supply to another person addresses or other particulars of— places of residence that are to let; or places of residence or land or interests in places of residence or land that are for sale. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.222-ssec.2) Subsection (1) does not apply to a property agent that has been appointed by the landlord or seller of the places of residence or land or interests in the places of residence or land to perform an activity and has the landlord’s or seller’s consent to supply the particulars.\n(sec.222-ssec.3) A person (the first person ) must not make an unsolicited invitation to another person to attend a property information session unless the first person is a property developer, a property agent or someone acting for the developer or agent. Maximum penalty—200 penalty units or 2 years imprisonment.\n- (a) places of residence that are to let; or\n- (b) places of residence or land or interests in places of residence or land that are for sale.","sortOrder":300},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Evidentiary matters","content":"## Evidentiary matters","sortOrder":301},{"sectionNumber":"sec.223","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.223 Evidentiary provisions\n\nThis section applies to a proceeding under this Act.\nThe appointment or power of an inspector must be presumed unless a party, by reasonable notice, requires proof of—\nthe appointment; or\nthe power to do anything under this Act.\nA signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be.\nA certificate purporting to be signed by the chief executive, a member of QCAT, the registrar or an inspector stating any of the following matters is evidence of the matter—\na stated document is—\nan order, direction, requirement or decision, or a copy of an order, direction, requirement or decision, given or made under this Act; or\na notice, or a copy of a notice, given under this Act; or\na record, or a copy of a record, kept under this Act; or\na document, or a copy of a document, kept under this Act;\non a stated day, a stated person—\nwas, or was not, the holder of a stated licence or registration certificate under this Act; or\nwas given a stated notice, order, requirement or direction under this Act.\n(sec.223-ssec.1) This section applies to a proceeding under this Act.\n(sec.223-ssec.2) The appointment or power of an inspector must be presumed unless a party, by reasonable notice, requires proof of— the appointment; or the power to do anything under this Act.\n(sec.223-ssec.3) A signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be.\n(sec.223-ssec.4) A certificate purporting to be signed by the chief executive, a member of QCAT, the registrar or an inspector stating any of the following matters is evidence of the matter— a stated document is— an order, direction, requirement or decision, or a copy of an order, direction, requirement or decision, given or made under this Act; or a notice, or a copy of a notice, given under this Act; or a record, or a copy of a record, kept under this Act; or a document, or a copy of a document, kept under this Act; on a stated day, a stated person— was, or was not, the holder of a stated licence or registration certificate under this Act; or was given a stated notice, order, requirement or direction under this Act.\n- (a) the appointment; or\n- (b) the power to do anything under this Act.\n- (a) a stated document is— (i) an order, direction, requirement or decision, or a copy of an order, direction, requirement or decision, given or made under this Act; or (ii) a notice, or a copy of a notice, given under this Act; or (iii) a record, or a copy of a record, kept under this Act; or (iv) a document, or a copy of a document, kept under this Act;\n- (i) an order, direction, requirement or decision, or a copy of an order, direction, requirement or decision, given or made under this Act; or\n- (ii) a notice, or a copy of a notice, given under this Act; or\n- (iii) a record, or a copy of a record, kept under this Act; or\n- (iv) a document, or a copy of a document, kept under this Act;\n- (b) on a stated day, a stated person— (i) was, or was not, the holder of a stated licence or registration certificate under this Act; or (ii) was given a stated notice, order, requirement or direction under this Act.\n- (i) was, or was not, the holder of a stated licence or registration certificate under this Act; or\n- (ii) was given a stated notice, order, requirement or direction under this Act.\n- (i) an order, direction, requirement or decision, or a copy of an order, direction, requirement or decision, given or made under this Act; or\n- (ii) a notice, or a copy of a notice, given under this Act; or\n- (iii) a record, or a copy of a record, kept under this Act; or\n- (iv) a document, or a copy of a document, kept under this Act;\n- (i) was, or was not, the holder of a stated licence or registration certificate under this Act; or\n- (ii) was given a stated notice, order, requirement or direction under this Act.","sortOrder":302},{"sectionNumber":"sec.224","sectionType":"section","heading":"Entries in licensee’s documents","content":"### sec.224 Entries in licensee’s documents\n\nAn entry in a document kept by or belonging to a licensee or found in the licensee’s premises is evidence the entry has been made by or with the authority of the licensee.","sortOrder":303},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":304},{"sectionNumber":"sec.225","sectionType":"section","heading":"Proceedings for an offence","content":"### sec.225 Proceedings for an offence\n\nSubject to subsection (2) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following—\n1 year after the offence is committed;\n6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\nA proceeding for an indictable offence may be taken, at the prosecution’s election—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding—\nfor the summary conviction of the person; or\nfor an examination of witnesses for the charge.\nIf a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\nIf—\na person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or\nthe magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment;\nthe magistrate—\nmust not decide the charge as a summary offence; and\nmust proceed by way of a committal proceeding.\nIf a magistrate acts under subsection (5) —\nany plea of the person charged, made at the start of the proceeding, must be disregarded; and\nany evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be imposed on a summary conviction of an indictable offence is 200 penalty units or 1 year’s imprisonment.\nIn this section—\nindictable offence means an offence against this Act for which the maximum penalty of imprisonment is more than 2 years.\n(sec.225-ssec.1) Subject to subsection (2) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following— 1 year after the offence is committed; 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.225-ssec.2) A proceeding for an indictable offence may be taken, at the prosecution’s election— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.225-ssec.3) A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of the person; or for an examination of witnesses for the charge.\n(sec.225-ssec.4) If a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.225-ssec.5) If— a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment; the magistrate— must not decide the charge as a summary offence; and must proceed by way of a committal proceeding.\n(sec.225-ssec.6) If a magistrate acts under subsection (5) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n(sec.225-ssec.7) The maximum penalty that may be imposed on a summary conviction of an indictable offence is 200 penalty units or 1 year’s imprisonment.\n(sec.225-ssec.8) In this section— indictable offence means an offence against this Act for which the maximum penalty of imprisonment is more than 2 years.\n- (a) 1 year after the offence is committed;\n- (b) 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) for the summary conviction of the person; or\n- (b) for an examination of witnesses for the charge.\n- (a) a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or\n- (b) the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment;\n- (c) must not decide the charge as a summary offence; and\n- (d) must proceed by way of a committal proceeding.\n- (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and\n- (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (c) before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .","sortOrder":305},{"sectionNumber":"sec.226","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.226 Responsibility for acts or omissions of representatives\n\nThis section applies 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.\nIn this section—\noffence includes a contravention of this Act for which an amount may be ordered by the District Court to be paid as a money penalty.\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.\n(sec.226-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.226-ssec.2) 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.226-ssec.3) 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(sec.226-ssec.4) In this section— offence includes a contravention of this Act for which an amount may be ordered by the District Court to be paid as a money penalty. 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- (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.\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.","sortOrder":306},{"sectionNumber":"sec.227","sectionType":"section","heading":"Power of court","content":"### sec.227 Power of court\n\nA court may, in addition to any other penalty it may impose, order that a licensee’s licence or a real estate salesperson’s registration certificate be suspended for a stated period or cancelled if the licensee or real estate salesperson has been convicted of an offence against this Act.\nIf a court makes an order under subsection (1) , in relation to an individual, that a licence or registration certificate be cancelled, the court must also order that the person be disqualified, for the period stated in the order, from holding a licence or registration certificate.\nThe court may also order that a person convicted of an offence against this Act, who is not disqualified under subsection (2) in relation to the conviction, be disqualified from holding a licence or registration certificate under this Act for a stated period or permanently.\nThe court may make an order under subsection (1) or (3) —\non the chief executive’s application; or\non its own initiative.\nIf an order is made by a court under this section on the court’s own initiative, the court must cause a copy of the order to be given to the chief executive.\nThis section does not apply to an offence against section 202 (6) , 211 (1) or 219 (1) .\n(sec.227-ssec.1) A court may, in addition to any other penalty it may impose, order that a licensee’s licence or a real estate salesperson’s registration certificate be suspended for a stated period or cancelled if the licensee or real estate salesperson has been convicted of an offence against this Act.\n(sec.227-ssec.2) If a court makes an order under subsection (1) , in relation to an individual, that a licence or registration certificate be cancelled, the court must also order that the person be disqualified, for the period stated in the order, from holding a licence or registration certificate.\n(sec.227-ssec.3) The court may also order that a person convicted of an offence against this Act, who is not disqualified under subsection (2) in relation to the conviction, be disqualified from holding a licence or registration certificate under this Act for a stated period or permanently.\n(sec.227-ssec.4) The court may make an order under subsection (1) or (3) — on the chief executive’s application; or on its own initiative.\n(sec.227-ssec.5) If an order is made by a court under this section on the court’s own initiative, the court must cause a copy of the order to be given to the chief executive.\n(sec.227-ssec.6) This section does not apply to an offence against section 202 (6) , 211 (1) or 219 (1) .\n- (a) on the chief executive’s application; or\n- (b) on its own initiative.","sortOrder":307},{"sectionNumber":"sec.228","sectionType":"section","heading":"Power of court for particular offences","content":"### sec.228 Power of court for particular offences\n\nA court may, in addition to any other penalty it may impose on a person convicted of an offence against section 202 (6) , 211 (1) or 219 (1) , order that—\nif the person is a licensee or a real estate salesperson—the licensee’s licence or real estate salesperson’s registration certificate be suspended for a stated period or cancelled; or\nwhether or not the person is a licensee or a real estate salesperson—the person be disqualified from holding a licence or registration certificate for a stated period or permanently.\nIf the court orders the cancellation of a person’s licence or registration certificate—\nfor an individual, the court must also order the person be disqualified, for a stated period or permanently, from holding a licence or registration certificate; or\notherwise, the court may also order the person be disqualified, for a stated period or permanently, from holding a licence or registration certificate.\nThe court may also make any other order QCAT may make in a marketeer proceeding.\nFor the orders QCAT may make, see section 188 .\nHowever, if the court makes an order that the person pay to another person who has suffered financial loss an amount for compensation, the court may order the payment of an amount of not more than the limit of the court’s civil jurisdiction.\nThe court may make an order under this section—\non the chief executive’s application; or\non its own initiative.\nIf the order is made on the court’s own initiative, the court must cause a copy of the order to be given to the chief executive.\n(sec.228-ssec.1) A court may, in addition to any other penalty it may impose on a person convicted of an offence against section 202 (6) , 211 (1) or 219 (1) , order that— if the person is a licensee or a real estate salesperson—the licensee’s licence or real estate salesperson’s registration certificate be suspended for a stated period or cancelled; or whether or not the person is a licensee or a real estate salesperson—the person be disqualified from holding a licence or registration certificate for a stated period or permanently.\n(sec.228-ssec.2) If the court orders the cancellation of a person’s licence or registration certificate— for an individual, the court must also order the person be disqualified, for a stated period or permanently, from holding a licence or registration certificate; or otherwise, the court may also order the person be disqualified, for a stated period or permanently, from holding a licence or registration certificate.\n(sec.228-ssec.3) The court may also make any other order QCAT may make in a marketeer proceeding. For the orders QCAT may make, see section 188 .\n(sec.228-ssec.4) However, if the court makes an order that the person pay to another person who has suffered financial loss an amount for compensation, the court may order the payment of an amount of not more than the limit of the court’s civil jurisdiction.\n(sec.228-ssec.5) The court may make an order under this section— on the chief executive’s application; or on its own initiative.\n(sec.228-ssec.6) If the order is made on the court’s own initiative, the court must cause a copy of the order to be given to the chief executive.\n- (a) if the person is a licensee or a real estate salesperson—the licensee’s licence or real estate salesperson’s registration certificate be suspended for a stated period or cancelled; or\n- (b) whether or not the person is a licensee or a real estate salesperson—the person be disqualified from holding a licence or registration certificate for a stated period or permanently.\n- (a) for an individual, the court must also order the person be disqualified, for a stated period or permanently, from holding a licence or registration certificate; or\n- (b) otherwise, the court may also order the person be disqualified, for a stated period or permanently, from holding a licence or registration certificate.\n- (a) on the chief executive’s application; or\n- (b) on its own initiative.","sortOrder":308},{"sectionNumber":"sec.229","sectionType":"section","heading":"Allegations of false or misleading representations or statements etc.","content":"### sec.229 Allegations of false or misleading representations or statements etc.\n\nIn a proceeding for an offence against this Act involving a false or misleading statement, representation or entry, or false or misleading information, it is enough for a charge to state that the statement, representation, entry or information was ‘false or misleading’.","sortOrder":309},{"sectionNumber":"pt.12","sectionType":"part","heading":"General","content":"# General","sortOrder":310},{"sectionNumber":"sec.229A","sectionType":"section","heading":"Disclosure of seller’s right to bid at auction","content":"### sec.229A Disclosure of seller’s right to bid at auction\n\nThis section applies if—\nproperty is to be, may be or is being, offered for sale by auction; and\nthe seller wishes to reserve the seller’s right to bid at the auction.\nThe seller may bid at the auction, and the auctioneer may accept a bid of the seller, only if the conditions of sale for the auction that are notified to prospective bidders for the auction include a condition that the sale is subject to the seller’s right to bid at the auction.\nIf property is sold in contravention of subsection (2) , the contract is voidable by the buyer before settlement of the contract.\nTo remove any doubt, it is declared that a bid of the seller includes a bid on behalf of the seller.\ns 229A ins 2023 No. 27 s 288\n(sec.229A-ssec.1) This section applies if— property is to be, may be or is being, offered for sale by auction; and the seller wishes to reserve the seller’s right to bid at the auction.\n(sec.229A-ssec.2) The seller may bid at the auction, and the auctioneer may accept a bid of the seller, only if the conditions of sale for the auction that are notified to prospective bidders for the auction include a condition that the sale is subject to the seller’s right to bid at the auction.\n(sec.229A-ssec.3) If property is sold in contravention of subsection (2) , the contract is voidable by the buyer before settlement of the contract.\n(sec.229A-ssec.4) To remove any doubt, it is declared that a bid of the seller includes a bid on behalf of the seller.\n- (a) property is to be, may be or is being, offered for sale by auction; and\n- (b) the seller wishes to reserve the seller’s right to bid at the auction.","sortOrder":311},{"sectionNumber":"sec.229B","sectionType":"section","heading":"Confidentiality","content":"### sec.229B Confidentiality\n\nThis section applies to a person who—\nis, or has been, a public service employee performing functions under or relating to the administration of this Act; and\nin that capacity, has acquired or has access to personal information about another person.\nThe person must not disclose the information to anyone else, or use the information, other than under this section.\nMaximum penalty—35 penalty units.\nThe person may disclose or use the information—\nto the extent the disclosure or use is—\nnecessary to perform a function under or relating to the administration of this Act; or\notherwise required or permitted under this Act or another law; or\nwith the consent of the person to whom the information relates; or\nin compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\nIn this section—\ndisclose includes give access to.\ninformation includes a document.\npersonal information means information about a person’s affairs.\ns 229B ins 2024 No. 27 s 119\n(sec.229B-ssec.1) This section applies to a person who— is, or has been, a public service employee performing functions under or relating to the administration of this Act; and in that capacity, has acquired or has access to personal information about another person.\n(sec.229B-ssec.2) The person must not disclose the information to anyone else, or use the information, other than under this section. Maximum penalty—35 penalty units.\n(sec.229B-ssec.3) The person may disclose or use the information— to the extent the disclosure or use is— necessary to perform a function under or relating to the administration of this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n(sec.229B-ssec.4) In this section— disclose includes give access to. information includes a document. personal information means information about a person’s affairs.\n- (a) is, or has been, a public service employee performing functions under or relating to the administration of this Act; and\n- (b) in that capacity, has acquired or has access to personal information about another person.\n- (a) to the extent the disclosure or use is— (i) necessary to perform a function under or relating to the administration of this Act; or (ii) otherwise required or permitted under this Act or another law; or\n- (i) necessary to perform a function under or relating to the administration of this Act; or\n- (ii) otherwise required or permitted under this Act or another law; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n- (i) necessary to perform a function under or relating to the administration of this Act; or\n- (ii) otherwise required or permitted under this Act or another law; or","sortOrder":312},{"sectionNumber":"sec.229C","sectionType":"section","heading":"Exchange of information","content":"### sec.229C Exchange of information\n\nThe chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information—\nheld by the chief executive or the relevant agency; or\nto which the chief executive or the relevant agency has access.\nAn information-sharing arrangement may relate only to information that assists—\nthe chief executive to perform the chief executive’s functions under this Act; or\nthe relevant agency to perform its functions.\nUnder an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to—\nask for and receive information from the other party to the arrangement; and\ndisclose information to the other party.\nThe chief executive may use criminal intelligence, given to the chief executive by the police commissioner under an information-sharing arrangement, only for monitoring compliance with this Act.\nIn this section—\ninformation does not include information given to the chief executive or a relevant agency, or to which the chief executive or a relevant agency has access, under the Crime and Corruption Act 2001 .\nrelevant agency means the following—\nthe police commissioner;\nthe chief executive of a department;\nthe Residential Tenancies Authority established under the Residential Tenancies and Rooming Accommodation Act 2008 ;\na local government;\na person prescribed by regulation.\ns 229C ins 2024 No. 27 s 119\n(sec.229C-ssec.1) The chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information— held by the chief executive or the relevant agency; or to which the chief executive or the relevant agency has access.\n(sec.229C-ssec.2) An information-sharing arrangement may relate only to information that assists— the chief executive to perform the chief executive’s functions under this Act; or the relevant agency to perform its functions.\n(sec.229C-ssec.3) Under an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to— ask for and receive information from the other party to the arrangement; and disclose information to the other party.\n(sec.229C-ssec.4) The chief executive may use criminal intelligence, given to the chief executive by the police commissioner under an information-sharing arrangement, only for monitoring compliance with this Act.\n(sec.229C-ssec.5) In this section— information does not include information given to the chief executive or a relevant agency, or to which the chief executive or a relevant agency has access, under the Crime and Corruption Act 2001 . relevant agency means the following— the police commissioner; the chief executive of a department; the Residential Tenancies Authority established under the Residential Tenancies and Rooming Accommodation Act 2008 ; a local government; a person prescribed by regulation.\n- (a) held by the chief executive or the relevant agency; or\n- (b) to which the chief executive or the relevant agency has access.\n- (a) the chief executive to perform the chief executive’s functions under this Act; or\n- (b) the relevant agency to perform its functions.\n- (a) ask for and receive information from the other party to the arrangement; and\n- (b) disclose information to the other party.\n- (a) the police commissioner;\n- (b) the chief executive of a department;\n- (c) the Residential Tenancies Authority established under the Residential Tenancies and Rooming Accommodation Act 2008 ;\n- (d) a local government;\n- (e) a person prescribed by regulation.","sortOrder":313},{"sectionNumber":"sec.230","sectionType":"section","heading":"Public warnings","content":"### sec.230 Public warnings\n\nThe Minister or chief executive may make or issue a public statement identifying and giving warnings or information about the following—\ncontraventions of a prescribed conduct provision that have resulted in disciplinary action being taken under this Act and the persons who have committed the contraventions;\nbusiness practices regulated under this Act that are unfair and the persons who engage in the unfair practices;\nthe commission of offences against this Act and the persons who commit the offences.\nThe statement may identify particular contraventions, business practices, offences and persons.\nThe Minister or chief executive must not make or issue a statement under this section unless satisfied it is in the public interest to do so.\n(sec.230-ssec.1) The Minister or chief executive may make or issue a public statement identifying and giving warnings or information about the following— contraventions of a prescribed conduct provision that have resulted in disciplinary action being taken under this Act and the persons who have committed the contraventions; business practices regulated under this Act that are unfair and the persons who engage in the unfair practices; the commission of offences against this Act and the persons who commit the offences.\n(sec.230-ssec.2) The statement may identify particular contraventions, business practices, offences and persons.\n(sec.230-ssec.3) The Minister or chief executive must not make or issue a statement under this section unless satisfied it is in the public interest to do so.\n- (a) contraventions of a prescribed conduct provision that have resulted in disciplinary action being taken under this Act and the persons who have committed the contraventions;\n- (b) business practices regulated under this Act that are unfair and the persons who engage in the unfair practices;\n- (c) the commission of offences against this Act and the persons who commit the offences.","sortOrder":314},{"sectionNumber":"sec.231","sectionType":"section","heading":"Civil remedies not affected","content":"### sec.231 Civil remedies not affected\n\nNothing in this Act affects or limits a civil remedy a person may have against a licensee or another person in relation to a matter.","sortOrder":315},{"sectionNumber":"sec.232","sectionType":"section","heading":"Criminal Proceeds Confiscation Act 2002 not limited","content":"### sec.232 Criminal Proceeds Confiscation Act 2002 not limited\n\nNothing in this Act limits the Criminal Proceeds Confiscation Act 2002 .","sortOrder":316},{"sectionNumber":"sec.233","sectionType":"section","heading":"Delegation—chief executive","content":"### sec.233 Delegation—chief executive\n\nThe chief executive may delegate the chief executive’s powers, other than the chief executive’s power under section 230 , to an appropriately qualified public service employee.","sortOrder":317},{"sectionNumber":"sec.234","sectionType":"section","heading":"Approved forms","content":"### sec.234 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":318},{"sectionNumber":"sec.235","sectionType":"section","heading":"Regulation may prescribe conduct standards","content":"### sec.235 Regulation may prescribe conduct standards\n\nA regulation may provide for conduct standards for the following—\nauctioneers in carrying on auctioneering practice;\nreal estate agents or real estate salespersons in carrying on real estate agency practice;\nresident letting agents in carrying on resident letting agency practice.\nA provision of a regulation mentioned in subsection (1) is a prescribed conduct provision .\nA contravention of a prescribed conduct provision is a ground for starting disciplinary action. See section 172 .\n(sec.235-ssec.1) A regulation may provide for conduct standards for the following— auctioneers in carrying on auctioneering practice; real estate agents or real estate salespersons in carrying on real estate agency practice; resident letting agents in carrying on resident letting agency practice.\n(sec.235-ssec.2) A provision of a regulation mentioned in subsection (1) is a prescribed conduct provision . A contravention of a prescribed conduct provision is a ground for starting disciplinary action. See section 172 .\n- (a) auctioneers in carrying on auctioneering practice;\n- (b) real estate agents or real estate salespersons in carrying on real estate agency practice;\n- (c) resident letting agents in carrying on resident letting agency practice.","sortOrder":319},{"sectionNumber":"sec.236","sectionType":"section","heading":"Regulation-making power","content":"### sec.236 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may provide for—\nfees, including the refunding of fees and the discounts for persons applying for more than 1 licence under this Act, the Agents Acts, or both;\nimposing penalties of not more than 20 penalty units for contraventions of regulations;\nimposing limits on out-of-pocket expenses incurred in the performance of activities under licences;\nthe keeping of records under this Act, including the form in which records are to be kept;\nthe keeping of receipts and evidence of expenditure by licensees;\nthe length of time documents required to be kept under this Act are to be kept.\n(sec.236-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.236-ssec.2) Without limiting subsection (1) , a regulation may provide for— fees, including the refunding of fees and the discounts for persons applying for more than 1 licence under this Act, the Agents Acts, or both; imposing penalties of not more than 20 penalty units for contraventions of regulations; imposing limits on out-of-pocket expenses incurred in the performance of activities under licences; the keeping of records under this Act, including the form in which records are to be kept; the keeping of receipts and evidence of expenditure by licensees; the length of time documents required to be kept under this Act are to be kept.\n- (a) fees, including the refunding of fees and the discounts for persons applying for more than 1 licence under this Act, the Agents Acts, or both;\n- (b) imposing penalties of not more than 20 penalty units for contraventions of regulations;\n- (c) imposing limits on out-of-pocket expenses incurred in the performance of activities under licences;\n- (d) the keeping of records under this Act, including the form in which records are to be kept;\n- (e) the keeping of receipts and evidence of expenditure by licensees;\n- (f) the length of time documents required to be kept under this Act are to be kept.","sortOrder":320},{"sectionNumber":"pt.13","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":321},{"sectionNumber":"sec.237","sectionType":"section","heading":"Repeal","content":"### sec.237 Repeal\n\nThe Property Agents and Motor Dealers Act 2000 , No. 62 is repealed.","sortOrder":322},{"sectionNumber":"pt.14","sectionType":"part","heading":"Transitional provisions for Act No. 22 of 2014","content":"# Transitional provisions for Act No. 22 of 2014","sortOrder":323},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":324},{"sectionNumber":"sec.238","sectionType":"section","heading":"Definitions for pt 14","content":"### sec.238 Definitions for pt 14\n\nIn this part—\nchattel auctioneer licence means a chattel auctioneer licence under the Motor Dealers and Chattel Auctioneers Act.\ncommencement means the day this section commences.\ndebt collector licence means a licence under the Debt Collectors Act.\nDebt Collectors Act means the Debt Collectors (Field Agents and Collection Agents) Act 2014 .\ndebt collector subagent registration certificate means a registration certificate under the Debt Collectors Act.\nexisting licence means a licence issued under PAMDA, other than a property developer’s licence or property developer director’s licence, that is in force, or suspended or deactivated, immediately before the commencement.\nexisting registration certificate means a registration certificate issued under PAMDA and in force, or suspended, immediately before the commencement.\nmotor dealer licence means a motor dealer licence under the Motor Dealers and Chattel Auctioneers Act.\nMotor Dealers and Chattel Auctioneers Act means the Motor Dealers and Chattel Auctioneers Act 2014 .\nmotor salesperson registration certificate means a registration certificate under the Motor Dealers and Chattel Auctioneers Act.\nproperty licence means a licence under this Act.\nproperty registration certificate means a registration certificate under this Act.\nrelevant Act means—\nfor a chattel auctioneer licence, motor dealer licence or motor salesperson registration certificate—the Motor Dealers and Chattel Auctioneers Act; or\nfor a debt collector licence, debt collector subagent registration certificate or registration as a subagent under the Debt Collectors Act—the Debt Collectors Act; or\nfor a property licence or property registration certificate—this Act.\nrepealed code of conduct means a code of conduct under PAMDA.\ntransitioned certificate —\ngenerally—see section 240(2); and\nif the transitioned certificate under section 240(2) is a debt collector subagent registration certificate—see also section 240(3).\ntransitioned licence see sections 239(2) and 240(2).\n- (a) for a chattel auctioneer licence, motor dealer licence or motor salesperson registration certificate—the Motor Dealers and Chattel Auctioneers Act; or\n- (b) for a debt collector licence, debt collector subagent registration certificate or registration as a subagent under the Debt Collectors Act—the Debt Collectors Act; or\n- (c) for a property licence or property registration certificate—this Act.\n- (a) generally—see section 240(2); and\n- (b) if the transitioned certificate under section 240(2) is a debt collector subagent registration certificate—see also section 240(3).","sortOrder":325},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Provisions for licences and registration certificates","content":"## Provisions for licences and registration certificates","sortOrder":326},{"sectionNumber":"sec.239","sectionType":"section","heading":"Existing licences","content":"### sec.239 Existing licences\n\nThis section applies to a person who immediately before the commencement held an existing licence.\nIf the person is the holder of an existing licence of a kind mentioned in column 1 of the following table, the person is taken to be the holder of the licence or licences (each a transitioned licence ) mentioned in column 2 of the table.\nLicence under PAMDA\nLicence after commencement\nresident letting agent’s licence\nresident letting agent licence\nreal estate agent’s licence\nreal estate agent licence\npastoral house licence\nauctioneer licence\nchattel auctioneer licence\nreal estate agent licence\npastoral house director’s licence\nreal estate agent licence\npastoral house manager’s licence\nreal estate agent licence\npastoral house auctioneer’s licence\nauctioneer licence\nchattel auctioneer licence\nauctioneer’s licence\nauctioneer licence\nchattel auctioneer licence\nmotor dealer’s licence\nmotor dealer licence\ncommercial agent’s licence\ndebt collector licence\n(sec.239-ssec.1) This section applies to a person who immediately before the commencement held an existing licence.\n(sec.239-ssec.2) If the person is the holder of an existing licence of a kind mentioned in column 1 of the following table, the person is taken to be the holder of the licence or licences (each a transitioned licence ) mentioned in column 2 of the table. Licence under PAMDA Licence after commencement resident letting agent’s licence resident letting agent licence real estate agent’s licence real estate agent licence pastoral house licence auctioneer licence chattel auctioneer licence real estate agent licence pastoral house director’s licence real estate agent licence pastoral house manager’s licence real estate agent licence pastoral house auctioneer’s licence auctioneer licence chattel auctioneer licence auctioneer’s licence auctioneer licence chattel auctioneer licence motor dealer’s licence motor dealer licence commercial agent’s licence debt collector licence","sortOrder":327},{"sectionNumber":"sec.240","sectionType":"section","heading":"Existing registration certificates","content":"### sec.240 Existing registration certificates\n\nThis section applies to a person who immediately before the commencement held an existing registration certificate.\nIf the person is the holder of an existing registration certificate of a kind mentioned in column 1 of the following table, the person is taken to be the holder of the registration certificate ( transitioned certificate ), and any licence or licences (each a transitioned licence ), mentioned in column 2 of the table.\nRegistration certificate under PAMDA\nRegistration certificate or licence after commencement\nregistration certificate as a real estate salesperson\nregistration certificate as a real estate salesperson\nregistration certificate as a pastoral house salesperson\nauctioneer licence\nchattel auctioneer licence\nregistration certificate as a real estate salesperson\nregistration certificate as a trainee auctioneer\nauctioneer licence\nchattel auctioneer licence\nregistration certificate as a property developer salesperson\nregistration certificate as a real estate salesperson\nregistration certificate as a motor salesperson\nmotor salesperson registration certificate\nregistration certificate as a commercial subagent\ndebt collector subagent registration certificate\nIf the transitioned certificate under subsection (2) is a debt collector subagent registration certificate, a reference to the transitioned certificate in this part includes, if the context permits, a reference to registration as a subagent under the Debt Collectors Act.\n(sec.240-ssec.1) This section applies to a person who immediately before the commencement held an existing registration certificate.\n(sec.240-ssec.2) If the person is the holder of an existing registration certificate of a kind mentioned in column 1 of the following table, the person is taken to be the holder of the registration certificate ( transitioned certificate ), and any licence or licences (each a transitioned licence ), mentioned in column 2 of the table. Registration certificate under PAMDA Registration certificate or licence after commencement registration certificate as a real estate salesperson registration certificate as a real estate salesperson registration certificate as a pastoral house salesperson auctioneer licence chattel auctioneer licence registration certificate as a real estate salesperson registration certificate as a trainee auctioneer auctioneer licence chattel auctioneer licence registration certificate as a property developer salesperson registration certificate as a real estate salesperson registration certificate as a motor salesperson motor salesperson registration certificate registration certificate as a commercial subagent debt collector subagent registration certificate\n(sec.240-ssec.3) If the transitioned certificate under subsection (2) is a debt collector subagent registration certificate, a reference to the transitioned certificate in this part includes, if the context permits, a reference to registration as a subagent under the Debt Collectors Act.","sortOrder":328},{"sectionNumber":"sec.241","sectionType":"section","heading":"Existing applications about renewal or amendment of existing licences or registration certificates, or about appointment of substitute licensees","content":"### sec.241 Existing applications about renewal or amendment of existing licences or registration certificates, or about appointment of substitute licensees\n\nThis section applies if—\nany of the following applications were made under PAMDA and not decided before the commencement—\nan application for the renewal of a licence or registration certificate;\nan application to amend the licence conditions of a licence or registration certificate;\nan application about appointing a nominated person mentioned in PAMDA, section 64(3) or 65(4) as a licensee’s substitute licensee; and\nthe licence or registration certificate in relation to which the application was made is a transitioned licence or licences or transitioned certificate under section 239(2) or 240(2).\nThe application is taken to be an application under the relevant Act for the transitioned licence or licences or transitioned certificate.\nThe application, and any review or appeal in relation to the application, must be decided under the relevant Act.\n(sec.241-ssec.1) This section applies if— any of the following applications were made under PAMDA and not decided before the commencement— an application for the renewal of a licence or registration certificate; an application to amend the licence conditions of a licence or registration certificate; an application about appointing a nominated person mentioned in PAMDA, section 64(3) or 65(4) as a licensee’s substitute licensee; and the licence or registration certificate in relation to which the application was made is a transitioned licence or licences or transitioned certificate under section 239(2) or 240(2).\n(sec.241-ssec.2) The application is taken to be an application under the relevant Act for the transitioned licence or licences or transitioned certificate.\n(sec.241-ssec.3) The application, and any review or appeal in relation to the application, must be decided under the relevant Act.\n- (a) any of the following applications were made under PAMDA and not decided before the commencement— (i) an application for the renewal of a licence or registration certificate; (ii) an application to amend the licence conditions of a licence or registration certificate; (iii) an application about appointing a nominated person mentioned in PAMDA, section 64(3) or 65(4) as a licensee’s substitute licensee; and\n- (i) an application for the renewal of a licence or registration certificate;\n- (ii) an application to amend the licence conditions of a licence or registration certificate;\n- (iii) an application about appointing a nominated person mentioned in PAMDA, section 64(3) or 65(4) as a licensee’s substitute licensee; and\n- (b) the licence or registration certificate in relation to which the application was made is a transitioned licence or licences or transitioned certificate under section 239(2) or 240(2).\n- (i) an application for the renewal of a licence or registration certificate;\n- (ii) an application to amend the licence conditions of a licence or registration certificate;\n- (iii) an application about appointing a nominated person mentioned in PAMDA, section 64(3) or 65(4) as a licensee’s substitute licensee; and","sortOrder":329},{"sectionNumber":"sec.242","sectionType":"section","heading":"Existing requests to deactivate existing licence","content":"### sec.242 Existing requests to deactivate existing licence\n\nThis section applies if—\na request to deactivate a licence was made under PAMDA and not decided before the commencement; and\nthe licence in relation to which the request was made is a transitioned licence or licences under section 239(2).\nThe request is taken to be a request under the relevant Act for the transitioned licence or licences.\nThe request, and any review or appeal in relation to the request, must be decided under the relevant Act.\n(sec.242-ssec.1) This section applies if— a request to deactivate a licence was made under PAMDA and not decided before the commencement; and the licence in relation to which the request was made is a transitioned licence or licences under section 239(2).\n(sec.242-ssec.2) The request is taken to be a request under the relevant Act for the transitioned licence or licences.\n(sec.242-ssec.3) The request, and any review or appeal in relation to the request, must be decided under the relevant Act.\n- (a) a request to deactivate a licence was made under PAMDA and not decided before the commencement; and\n- (b) the licence in relation to which the request was made is a transitioned licence or licences under section 239(2).","sortOrder":330},{"sectionNumber":"sec.243","sectionType":"section","heading":"Transitioned licences and certificates subject to previous conditions","content":"### sec.243 Transitioned licences and certificates subject to previous conditions\n\nIf, immediately before the commencement, an existing licence was subject to a condition, the condition continues to apply, so far as practicable and with necessary changes, to each transitioned licence for the existing licence.\nIf, immediately before the commencement, an existing registration certificate was subject to a condition, the condition continues to apply, so far as practicable and with necessary changes, to the transitioned certificate or transitioned licence for the existing registration certificate.\n(sec.243-ssec.1) If, immediately before the commencement, an existing licence was subject to a condition, the condition continues to apply, so far as practicable and with necessary changes, to each transitioned licence for the existing licence.\n(sec.243-ssec.2) If, immediately before the commencement, an existing registration certificate was subject to a condition, the condition continues to apply, so far as practicable and with necessary changes, to the transitioned certificate or transitioned licence for the existing registration certificate.","sortOrder":331},{"sectionNumber":"sec.244","sectionType":"section","heading":"Transitioned licences and certificates subject to previous suspension","content":"### sec.244 Transitioned licences and certificates subject to previous suspension\n\nIf, immediately before the commencement, an existing licence was suspended—\neach transitioned licence for the existing licence continues to be suspended under the relevant Act for the transitioned licence; and\nthe terms of the suspension continue to apply, so far as practicable and with necessary changes, to the transitioned licence.\nIf, immediately before the commencement, an existing registration certificate was suspended—\neach transitioned certificate or transitioned licence for the existing registration certificate continues to be suspended under the relevant Act for the transitioned certificate or transitioned licence; and\nthe terms of the suspension continue to apply, so far as practicable and with necessary changes, to the transitioned certificate or transitioned licence.\n(sec.244-ssec.1) If, immediately before the commencement, an existing licence was suspended— each transitioned licence for the existing licence continues to be suspended under the relevant Act for the transitioned licence; and the terms of the suspension continue to apply, so far as practicable and with necessary changes, to the transitioned licence.\n(sec.244-ssec.2) If, immediately before the commencement, an existing registration certificate was suspended— each transitioned certificate or transitioned licence for the existing registration certificate continues to be suspended under the relevant Act for the transitioned certificate or transitioned licence; and the terms of the suspension continue to apply, so far as practicable and with necessary changes, to the transitioned certificate or transitioned licence.\n- (a) each transitioned licence for the existing licence continues to be suspended under the relevant Act for the transitioned licence; and\n- (b) the terms of the suspension continue to apply, so far as practicable and with necessary changes, to the transitioned licence.\n- (a) each transitioned certificate or transitioned licence for the existing registration certificate continues to be suspended under the relevant Act for the transitioned certificate or transitioned licence; and\n- (b) the terms of the suspension continue to apply, so far as practicable and with necessary changes, to the transitioned certificate or transitioned licence.","sortOrder":332},{"sectionNumber":"sec.245","sectionType":"section","heading":"Transitioned licences that are deactivated","content":"### sec.245 Transitioned licences that are deactivated\n\nThis section applies if—\na licence was deactivated under PAMDA immediately before the commencement; and\nthe licence is a transitioned licence or licences under section 239(2).\nThe deactivation continues in force under the relevant Act for the transitioned licence or licences.\nA person may ask the chief executive to reactivate the transitioned licence or licences under the relevant Act.\n(sec.245-ssec.1) This section applies if— a licence was deactivated under PAMDA immediately before the commencement; and the licence is a transitioned licence or licences under section 239(2).\n(sec.245-ssec.2) The deactivation continues in force under the relevant Act for the transitioned licence or licences.\n(sec.245-ssec.3) A person may ask the chief executive to reactivate the transitioned licence or licences under the relevant Act.\n- (a) a licence was deactivated under PAMDA immediately before the commencement; and\n- (b) the licence is a transitioned licence or licences under section 239(2).","sortOrder":333},{"sectionNumber":"sec.246","sectionType":"section","heading":"Ending of transitioned licences and certificates","content":"### sec.246 Ending of transitioned licences and certificates\n\nA transitioned licence or transitioned certificate ends on the earlier of the following days—\nthe day the licence or certificate would have ended if PAMDA had not been repealed;\nthe day it is cancelled or surrendered under the relevant Act for the transitioned licence or transitioned certificate.\nHowever, a transitioned licence, that is an auctioneer licence or chattel auctioneer licence, for a registration certificate as a trainee auctioneer—\nexpires on the earlier of the following days—\nthe day that is 1 year after the commencement;\nthe day it is cancelled or surrendered under the relevant Act for the licence; and\ncan not be renewed.\nSubsection (2) applies despite any other provision of this part.\n(sec.246-ssec.1) A transitioned licence or transitioned certificate ends on the earlier of the following days— the day the licence or certificate would have ended if PAMDA had not been repealed; the day it is cancelled or surrendered under the relevant Act for the transitioned licence or transitioned certificate.\n(sec.246-ssec.2) However, a transitioned licence, that is an auctioneer licence or chattel auctioneer licence, for a registration certificate as a trainee auctioneer— expires on the earlier of the following days— the day that is 1 year after the commencement; the day it is cancelled or surrendered under the relevant Act for the licence; and can not be renewed.\n(sec.246-ssec.3) Subsection (2) applies despite any other provision of this part.\n- (a) the day the licence or certificate would have ended if PAMDA had not been repealed;\n- (b) the day it is cancelled or surrendered under the relevant Act for the transitioned licence or transitioned certificate.\n- (a) expires on the earlier of the following days— (i) the day that is 1 year after the commencement; (ii) the day it is cancelled or surrendered under the relevant Act for the licence; and\n- (i) the day that is 1 year after the commencement;\n- (ii) the day it is cancelled or surrendered under the relevant Act for the licence; and\n- (b) can not be renewed.\n- (i) the day that is 1 year after the commencement;\n- (ii) the day it is cancelled or surrendered under the relevant Act for the licence; and","sortOrder":334},{"sectionNumber":"sec.247","sectionType":"section","heading":"Transitioned licences or certificates may be dealt with under relevant Act","content":"### sec.247 Transitioned licences or certificates may be dealt with under relevant Act\n\nA transitioned licence or transitioned certificate may be dealt with under the relevant Act for the licence or certificate as if it were a licence or registration certificate issued under the relevant Act.\namending the conditions of the transitioned licence or transitioned certificate","sortOrder":335},{"sectionNumber":"sec.248","sectionType":"section","heading":"Conditions and limitations on particular transitioned licences","content":"### sec.248 Conditions and limitations on particular transitioned licences\n\nThis section applies to an auctioneer licence or chattel auctioneer licence that is the transitioned licence for an existing registration certificate as a pastoral house salesperson or trainee auctioneer.\nThe chief executive may impose the conditions on the licence the chief executive considers necessary for the proper performance of the activities authorised by the licence.\nIf the chief executive decides to impose a condition on the licence, the chief executive must give the licensee an information notice about the decision within 14 days after the decision is made.\nThe licensee can not be a principal licensee under the relevant Act in relation to the licence.\n(sec.248-ssec.1) This section applies to an auctioneer licence or chattel auctioneer licence that is the transitioned licence for an existing registration certificate as a pastoral house salesperson or trainee auctioneer.\n(sec.248-ssec.2) The chief executive may impose the conditions on the licence the chief executive considers necessary for the proper performance of the activities authorised by the licence.\n(sec.248-ssec.3) If the chief executive decides to impose a condition on the licence, the chief executive must give the licensee an information notice about the decision within 14 days after the decision is made.\n(sec.248-ssec.4) The licensee can not be a principal licensee under the relevant Act in relation to the licence.","sortOrder":336},{"sectionNumber":"sec.249","sectionType":"section","heading":"Existing appointments to act as agent","content":"### sec.249 Existing appointments to act as agent\n\nAn existing appointment mentioned in column 1 of the following table continues in force after the commencement as an appointment mentioned in column 2 of the following table—\nAppointment under PAMDA\nAppointment after commencement\nappointment to act as a resident letting agent\nappointment under this Act to act as a resident letting agent\nappointment to act as a real estate agent\nappointment under this Act to act as a real estate agent\nappointment to act as a pastoral house\nif the appointment relates to auctioning or sale of real property—appointment under this Act to act as a property agent\nif the appointment relates to auctioning goods—appointment under the Motor Dealers and Chattel Auctioneers Act to act as a chattel auctioneer of the goods\nappointment to act as a pastoral house director or pastoral house manager\nappointment under this Act to act as a real estate agent\nappointment to act as an auctioneer or pastoral house auctioneer\nif the appointment relates to auctioning real property—appointment under this Act to act as an auctioneer of the property\nif the appointment relates to auctioning chattels—appointment under the Motor Dealers and Chattel Auctioneers Act to act as a chattel auctioneer of the chattels\nappointment to act as a motor dealer\nappointment under the Motor Dealers and Chattel Auctioneers Act to act as a motor dealer\nappointment to act as a commercial agent\nappointment under the Debt Collectors Act to act as a debt collector\nAn existing appointment continued in force under this section ends—\nif the appointment continues as an appointment under this Act to act as a property agent and is for an exclusive agency, or sole agency, within the meaning of PAMDA—on the earlier of the following—\nthe day it ends according to its terms;\nthe end of 60 days after the appointment is made; or\notherwise—on the day it ends according to its terms.\nAn appointment continued in force under this section continues, subject to this section, according to its terms with necessary changes.\nIn this section—\nexisting appointment , to act as a particular agent, means a valid appointment made under PAMDA to act as a particular agent that was in force immediately before the commencement.\n(sec.249-ssec.1) An existing appointment mentioned in column 1 of the following table continues in force after the commencement as an appointment mentioned in column 2 of the following table— Appointment under PAMDA Appointment after commencement appointment to act as a resident letting agent appointment under this Act to act as a resident letting agent appointment to act as a real estate agent appointment under this Act to act as a real estate agent appointment to act as a pastoral house if the appointment relates to auctioning or sale of real property—appointment under this Act to act as a property agent if the appointment relates to auctioning goods—appointment under the Motor Dealers and Chattel Auctioneers Act to act as a chattel auctioneer of the goods appointment to act as a pastoral house director or pastoral house manager appointment under this Act to act as a real estate agent appointment to act as an auctioneer or pastoral house auctioneer if the appointment relates to auctioning real property—appointment under this Act to act as an auctioneer of the property if the appointment relates to auctioning chattels—appointment under the Motor Dealers and Chattel Auctioneers Act to act as a chattel auctioneer of the chattels appointment to act as a motor dealer appointment under the Motor Dealers and Chattel Auctioneers Act to act as a motor dealer appointment to act as a commercial agent appointment under the Debt Collectors Act to act as a debt collector\n(sec.249-ssec.2) An existing appointment continued in force under this section ends— if the appointment continues as an appointment under this Act to act as a property agent and is for an exclusive agency, or sole agency, within the meaning of PAMDA—on the earlier of the following— the day it ends according to its terms; the end of 60 days after the appointment is made; or otherwise—on the day it ends according to its terms.\n(sec.249-ssec.3) An appointment continued in force under this section continues, subject to this section, according to its terms with necessary changes.\n(sec.249-ssec.4) In this section— existing appointment , to act as a particular agent, means a valid appointment made under PAMDA to act as a particular agent that was in force immediately before the commencement.\n- (a) if the appointment continues as an appointment under this Act to act as a property agent and is for an exclusive agency, or sole agency, within the meaning of PAMDA—on the earlier of the following— (i) the day it ends according to its terms; (ii) the end of 60 days after the appointment is made; or\n- (i) the day it ends according to its terms;\n- (ii) the end of 60 days after the appointment is made; or\n- (b) otherwise—on the day it ends according to its terms.\n- (i) the day it ends according to its terms;\n- (ii) the end of 60 days after the appointment is made; or","sortOrder":337},{"sectionNumber":"sec.250","sectionType":"section","heading":"Existing appointments as substitute licensees","content":"### sec.250 Existing appointments as substitute licensees\n\nThis section applies if—\nthe chief executive appointed a nominated person under section 64(3) or 65(4) of PAMDA as a licensee’s substitute licensee; and\nthe appointment was in force immediately before the commencement; and\nthe licence in relation to which the appointment was made is a transitioned licence or licences under section 239(2).\nThe appointment continues under the relevant Act for the transitioned licence or licences as an appointment made for the holder of the transitioned licence or licences.\nAn appointment continued in force under this section continues, subject to this section, according to its terms with necessary changes.\n(sec.250-ssec.1) This section applies if— the chief executive appointed a nominated person under section 64(3) or 65(4) of PAMDA as a licensee’s substitute licensee; and the appointment was in force immediately before the commencement; and the licence in relation to which the appointment was made is a transitioned licence or licences under section 239(2).\n(sec.250-ssec.2) The appointment continues under the relevant Act for the transitioned licence or licences as an appointment made for the holder of the transitioned licence or licences.\n(sec.250-ssec.3) An appointment continued in force under this section continues, subject to this section, according to its terms with necessary changes.\n- (a) the chief executive appointed a nominated person under section 64(3) or 65(4) of PAMDA as a licensee’s substitute licensee; and\n- (b) the appointment was in force immediately before the commencement; and\n- (c) the licence in relation to which the appointment was made is a transitioned licence or licences under section 239(2).","sortOrder":338},{"sectionNumber":"sec.251","sectionType":"section","heading":"Chief executive may accept PAMDA forms","content":"### sec.251 Chief executive may accept PAMDA forms\n\nInstead of an approved form under an Agents Act, the chief executive may accept—\nfor an application relating to a transitioned licence—the PAMDA form for the corresponding application for the existing licence to which the transitioned licence relates; or\nfor an application relating to a transitioned certificate—the PAMDA form for the corresponding application for the existing registration certificate to which the transitioned certificate relates.\nIn this section—\nPAMDA form means an approved form under PAMDA in force immediately before the commencement.\n(sec.251-ssec.1) Instead of an approved form under an Agents Act, the chief executive may accept— for an application relating to a transitioned licence—the PAMDA form for the corresponding application for the existing licence to which the transitioned licence relates; or for an application relating to a transitioned certificate—the PAMDA form for the corresponding application for the existing registration certificate to which the transitioned certificate relates.\n(sec.251-ssec.2) In this section— PAMDA form means an approved form under PAMDA in force immediately before the commencement.\n- (a) for an application relating to a transitioned licence—the PAMDA form for the corresponding application for the existing licence to which the transitioned licence relates; or\n- (b) for an application relating to a transitioned certificate—the PAMDA form for the corresponding application for the existing registration certificate to which the transitioned certificate relates.","sortOrder":339},{"sectionNumber":"sec.252","sectionType":"section","heading":"Ending of particular licences","content":"### sec.252 Ending of particular licences\n\nTo remove any doubt, it is declared that, on the repeal of PAMDA, the following licences issued under that Act, and any applications for the licences made under that Act, ended—\nproperty developer’s licence;\nproperty developer director’s licence.\n- (a) property developer’s licence;\n- (b) property developer director’s licence.","sortOrder":340},{"sectionNumber":"sec.253","sectionType":"section","heading":"Existing applications for the issue of a licence or registration certificate","content":"### sec.253 Existing applications for the issue of a licence or registration certificate\n\nThis section applies to an application for the issue of a licence or registration certificate made under PAMDA but not decided before the commencement.\nAn application for a licence or registration certificate under PAMDA mentioned in column 1 of the following table is taken to be an application under the relevant Act for the licence or licences or registration mentioned in column 2 of the table.\nApplication under PAMDA\nApplication under relevant Act\nresident letting agent’s licence\nresident letting agent licence\nreal estate agent’s licence\nreal estate agent licence\npastoral house licence\nauctioneer licence\nchattel auctioneer licence\nreal estate agent licence\npastoral house director’s licence\nreal estate agent licence\npastoral house manager’s licence\nreal estate agent licence\npastoral house auctioneer’s licence\nauctioneer licence\nchattel auctioneer licence\nauctioneer’s licence\nauctioneer licence\nchattel auctioneer licence\nmotor dealer’s licence\nmotor dealer licence\ncommercial agent’s licence\ndebt collector licence\nregistration certificate as a real estate salesperson\nregistration as a real estate salesperson under this Act\nregistration certificate as a pastoral house salesperson\nauctioneer licence\nchattel auctioneer licence\nregistration as a real estate salesperson under this Act\nregistration certificate as a trainee auctioneer\nauctioneer licence\nchattel auctioneer licence\nregistration certificate as a property developer salesperson\nregistration as a real estate salesperson under this Act\nregistration certificate as a motor salesperson\nregistration as a motor salesperson under the Motor Dealers and Chattel Auctioneers Act\nregistration certificate as a commercial subagent\nregistration as a subagent under the Debt Collectors Act\nThe application, and any review or appeal in relation to the application, must be decided under the relevant Act.\n(sec.253-ssec.1) This section applies to an application for the issue of a licence or registration certificate made under PAMDA but not decided before the commencement.\n(sec.253-ssec.2) An application for a licence or registration certificate under PAMDA mentioned in column 1 of the following table is taken to be an application under the relevant Act for the licence or licences or registration mentioned in column 2 of the table. Application under PAMDA Application under relevant Act resident letting agent’s licence resident letting agent licence real estate agent’s licence real estate agent licence pastoral house licence auctioneer licence chattel auctioneer licence real estate agent licence pastoral house director’s licence real estate agent licence pastoral house manager’s licence real estate agent licence pastoral house auctioneer’s licence auctioneer licence chattel auctioneer licence auctioneer’s licence auctioneer licence chattel auctioneer licence motor dealer’s licence motor dealer licence commercial agent’s licence debt collector licence registration certificate as a real estate salesperson registration as a real estate salesperson under this Act registration certificate as a pastoral house salesperson auctioneer licence chattel auctioneer licence registration as a real estate salesperson under this Act registration certificate as a trainee auctioneer auctioneer licence chattel auctioneer licence registration certificate as a property developer salesperson registration as a real estate salesperson under this Act registration certificate as a motor salesperson registration as a motor salesperson under the Motor Dealers and Chattel Auctioneers Act registration certificate as a commercial subagent registration as a subagent under the Debt Collectors Act\n(sec.253-ssec.3) The application, and any review or appeal in relation to the application, must be decided under the relevant Act.","sortOrder":341},{"sectionNumber":"sec.254","sectionType":"section","heading":"Existing applications for restoration of expired licences or registration certificates","content":"### sec.254 Existing applications for restoration of expired licences or registration certificates\n\nThis section applies if—\na person’s licence or registration certificate under PAMDA expired before the commencement; and\nthe person applied for the restoration of the licence or registration certificate under PAMDA before the commencement; and\nthe application was not decided before the commencement.\nThe application is taken to be an application under the relevant Act for the restoration of the following (the relevant authority )—\nfor an expired licence—the licence or licences that the expired licence would have become under section 239 if it had still been in force immediately before the commencement;\nfor an expired registration certificate other than a registration certificate as a commercial agent—the registration certificate or licence or licences that the expired registration certificate would have become under section 240 if it had still been in force immediately before the commencement;\nfor an expired registration certificate as a commercial agent—registration as a subagent under the Debt Collectors Act.\nFor the purposes of—\ndeciding the application; and\nrestoring the expired licence or registration certificate; and\nany review or appeal in relation to the application;\nthe expired licence or registration certificate is taken to be the relevant authority.\nThe expired licence or registration certificate is taken to continue in force, as the relevant authority, until the application is—\ndecided under the relevant Act; or\nwithdrawn under the relevant Act.\nTo remove any doubt, it is declared that if the application is granted, the restoration must be given effect as if the expired licence or registration certificate were the relevant authority.\n(sec.254-ssec.1) This section applies if— a person’s licence or registration certificate under PAMDA expired before the commencement; and the person applied for the restoration of the licence or registration certificate under PAMDA before the commencement; and the application was not decided before the commencement.\n(sec.254-ssec.2) The application is taken to be an application under the relevant Act for the restoration of the following (the relevant authority )— for an expired licence—the licence or licences that the expired licence would have become under section 239 if it had still been in force immediately before the commencement; for an expired registration certificate other than a registration certificate as a commercial agent—the registration certificate or licence or licences that the expired registration certificate would have become under section 240 if it had still been in force immediately before the commencement; for an expired registration certificate as a commercial agent—registration as a subagent under the Debt Collectors Act.\n(sec.254-ssec.3) For the purposes of— deciding the application; and restoring the expired licence or registration certificate; and any review or appeal in relation to the application; the expired licence or registration certificate is taken to be the relevant authority.\n(sec.254-ssec.4) The expired licence or registration certificate is taken to continue in force, as the relevant authority, until the application is— decided under the relevant Act; or withdrawn under the relevant Act.\n(sec.254-ssec.5) To remove any doubt, it is declared that if the application is granted, the restoration must be given effect as if the expired licence or registration certificate were the relevant authority.\n- (a) a person’s licence or registration certificate under PAMDA expired before the commencement; and\n- (b) the person applied for the restoration of the licence or registration certificate under PAMDA before the commencement; and\n- (c) the application was not decided before the commencement.\n- (a) for an expired licence—the licence or licences that the expired licence would have become under section 239 if it had still been in force immediately before the commencement;\n- (b) for an expired registration certificate other than a registration certificate as a commercial agent—the registration certificate or licence or licences that the expired registration certificate would have become under section 240 if it had still been in force immediately before the commencement;\n- (c) for an expired registration certificate as a commercial agent—registration as a subagent under the Debt Collectors Act.\n- (a) deciding the application; and\n- (b) restoring the expired licence or registration certificate; and\n- (c) any review or appeal in relation to the application;\n- (a) decided under the relevant Act; or\n- (b) withdrawn under the relevant Act.","sortOrder":342},{"sectionNumber":"sec.255","sectionType":"section","heading":"Applications for restoration of expired licences or registration certificates not made before commencement","content":"### sec.255 Applications for restoration of expired licences or registration certificates not made before commencement\n\nThis section applies if—\na person’s licence or registration certificate under PAMDA expired before the commencement; and\nthe person did not apply for the restoration of the licence or certificate before the commencement; and\n3 months have not passed from the day the licence or certificate expired.\nThe person may apply for the restoration of the expired licence or registration certificate under the relevant Act as if the expired licence or registration certificate were the following (the relevant authority )—\nfor an expired licence—the licence or licences that the expired licence would have become under section 239 if it had still been in force immediately before the commencement;\nfor an expired registration certificate other than a registration certificate as a commercial agent—the registration certificate or licence or licences that the expired registration certificate would have become under section 240 if it had still been in force immediately before the commencement;\nfor an expired registration certificate as a commercial agent—registration as a subagent under the Debt Collectors Act.\nFor the purposes of—\nthe application; and\ndeciding the application; and\nrestoring the expired licence or registration certificate; and\nany review or appeal in relation to the application;\nthe expired licence or registration certificate is taken to be the relevant authority.\nIf an application for the restoration of the expired licence or registration certificate is made under the relevant Act, the licence or registration certificate is taken to continue in force, as the relevant authority, until the application is—\ndecided under the relevant Act; or\nwithdrawn under the relevant Act.\nTo remove any doubt, it is declared that if the application is granted, the restoration must be given effect as if the expired licence or registration certificate were the relevant authority.\n(sec.255-ssec.1) This section applies if— a person’s licence or registration certificate under PAMDA expired before the commencement; and the person did not apply for the restoration of the licence or certificate before the commencement; and 3 months have not passed from the day the licence or certificate expired.\n(sec.255-ssec.2) The person may apply for the restoration of the expired licence or registration certificate under the relevant Act as if the expired licence or registration certificate were the following (the relevant authority )— for an expired licence—the licence or licences that the expired licence would have become under section 239 if it had still been in force immediately before the commencement; for an expired registration certificate other than a registration certificate as a commercial agent—the registration certificate or licence or licences that the expired registration certificate would have become under section 240 if it had still been in force immediately before the commencement; for an expired registration certificate as a commercial agent—registration as a subagent under the Debt Collectors Act.\n(sec.255-ssec.3) For the purposes of— the application; and deciding the application; and restoring the expired licence or registration certificate; and any review or appeal in relation to the application; the expired licence or registration certificate is taken to be the relevant authority.\n(sec.255-ssec.4) If an application for the restoration of the expired licence or registration certificate is made under the relevant Act, the licence or registration certificate is taken to continue in force, as the relevant authority, until the application is— decided under the relevant Act; or withdrawn under the relevant Act.\n(sec.255-ssec.5) To remove any doubt, it is declared that if the application is granted, the restoration must be given effect as if the expired licence or registration certificate were the relevant authority.\n- (a) a person’s licence or registration certificate under PAMDA expired before the commencement; and\n- (b) the person did not apply for the restoration of the licence or certificate before the commencement; and\n- (c) 3 months have not passed from the day the licence or certificate expired.\n- (a) for an expired licence—the licence or licences that the expired licence would have become under section 239 if it had still been in force immediately before the commencement;\n- (b) for an expired registration certificate other than a registration certificate as a commercial agent—the registration certificate or licence or licences that the expired registration certificate would have become under section 240 if it had still been in force immediately before the commencement;\n- (c) for an expired registration certificate as a commercial agent—registration as a subagent under the Debt Collectors Act.\n- (a) the application; and\n- (b) deciding the application; and\n- (c) restoring the expired licence or registration certificate; and\n- (d) any review or appeal in relation to the application;\n- (a) decided under the relevant Act; or\n- (b) withdrawn under the relevant Act.","sortOrder":343},{"sectionNumber":"sec.256","sectionType":"section","heading":"Effect of previous refusals of applications","content":"### sec.256 Effect of previous refusals of applications\n\nThis section applies to a person who made an application for a licence or registration certificate under PAMDA that was refused before the commencement.\nThe person can not make an application for a licence or registration under the Motor Dealers and Chattel Auctioneers Act, Debt Collectors Act or this Act—\nfor 3 months after the day the chief executive gave the person an information notice for the refusal under PAMDA; or\nif the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.\nThis section does not apply to a person if—\nthe person is a corporation; and\nthe person satisfies the chief executive that, because of a genuine sale—\nno person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and\nno person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.\n(sec.256-ssec.1) This section applies to a person who made an application for a licence or registration certificate under PAMDA that was refused before the commencement.\n(sec.256-ssec.2) The person can not make an application for a licence or registration under the Motor Dealers and Chattel Auctioneers Act, Debt Collectors Act or this Act— for 3 months after the day the chief executive gave the person an information notice for the refusal under PAMDA; or if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.\n(sec.256-ssec.3) This section does not apply to a person if— the person is a corporation; and the person satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.\n- (a) for 3 months after the day the chief executive gave the person an information notice for the refusal under PAMDA; or\n- (b) if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.\n- (a) the person is a corporation; and\n- (b) the person satisfies the chief executive that, because of a genuine sale— (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.\n- (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and\n- (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.\n- (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and\n- (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.","sortOrder":344},{"sectionNumber":"sec.257","sectionType":"section","heading":"Continuation of reviews under PAMDA","content":"### sec.257 Continuation of reviews under PAMDA\n\nSubsection (2) applies if—\na person applied to QCAT, under PAMDA, section 501, for a review of a decision of the chief executive; and\nthe review had not been decided before the commencement.\nQCAT may hear, or continue to hear, and decide the review under PAMDA as if it had not been repealed.\nSubsections (4) and (5) apply if—\na person could have applied, under PAMDA, section 501, for a review of a decision of the chief executive; but\nthe person had not applied before the commencement.\nThe person may apply for a review of the decision under PAMDA, and QCAT may hear and decide the review under PAMDA, as if PAMDA had not been repealed.\nSubsection (6) applies if—\nthe review relates to a licence other than a transitioned licence, or a registration certificate other than a transitioned certificate; and\nthe effect of the review is that a licence or registration certificate must be granted or restored.\nThe grant or restoration must be given effect in relation to—\nif the review relates to a licence or a registration certificate other than a registration certificate as a commercial subagent—the licence or licences or registration certificate mentioned in the table in section 239(2) or 240(2) opposite the licence or registration certificate; or\nif the review relates to a registration certificate as a commercial agent—registration as a subagent under the Debt Collectors Act.\n(sec.257-ssec.1) Subsection (2) applies if— a person applied to QCAT, under PAMDA, section 501, for a review of a decision of the chief executive; and the review had not been decided before the commencement.\n(sec.257-ssec.2) QCAT may hear, or continue to hear, and decide the review under PAMDA as if it had not been repealed.\n(sec.257-ssec.3) Subsections (4) and (5) apply if— a person could have applied, under PAMDA, section 501, for a review of a decision of the chief executive; but the person had not applied before the commencement.\n(sec.257-ssec.4) The person may apply for a review of the decision under PAMDA, and QCAT may hear and decide the review under PAMDA, as if PAMDA had not been repealed.\n(sec.257-ssec.5) Subsection (6) applies if— the review relates to a licence other than a transitioned licence, or a registration certificate other than a transitioned certificate; and the effect of the review is that a licence or registration certificate must be granted or restored.\n(sec.257-ssec.6) The grant or restoration must be given effect in relation to— if the review relates to a licence or a registration certificate other than a registration certificate as a commercial subagent—the licence or licences or registration certificate mentioned in the table in section 239(2) or 240(2) opposite the licence or registration certificate; or if the review relates to a registration certificate as a commercial agent—registration as a subagent under the Debt Collectors Act.\n- (a) a person applied to QCAT, under PAMDA, section 501, for a review of a decision of the chief executive; and\n- (b) the review had not been decided before the commencement.\n- (a) a person could have applied, under PAMDA, section 501, for a review of a decision of the chief executive; but\n- (b) the person had not applied before the commencement.\n- (a) the review relates to a licence other than a transitioned licence, or a registration certificate other than a transitioned certificate; and\n- (b) the effect of the review is that a licence or registration certificate must be granted or restored.\n- (a) if the review relates to a licence or a registration certificate other than a registration certificate as a commercial subagent—the licence or licences or registration certificate mentioned in the table in section 239(2) or 240(2) opposite the licence or registration certificate; or\n- (b) if the review relates to a registration certificate as a commercial agent—registration as a subagent under the Debt Collectors Act.","sortOrder":345},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Provisions about pre-commencement conduct","content":"## Provisions about pre-commencement conduct","sortOrder":346},{"sectionNumber":"sec.258","sectionType":"section","heading":"Disciplinary action relating to pre-commencement conduct","content":"### sec.258 Disciplinary action relating to pre-commencement conduct\n\nSubsection (2) applies if, before the commencement, a ground existed for starting disciplinary action under PAMDA against a former licensee or former registered employee.\nPrescribed action may be taken against the former licensee or former registered employee on that ground under the relevant Act as if the ground were a ground for starting a proceeding for the prescribed action under the relevant Act.\nIf, before the commencement, QCAT had started but not finished disciplinary action under PAMDA, the action may be finished under PAMDA as if that Act had not been repealed.\nIf the decision under subsection (3) applies to a licence or registration certificate under PAMDA that is a transitioned licence or licences or transitioned certificate, the decision must be given effect under the relevant Act in relation to the transitioned licence or licences or transitioned certificate.\nIn this section—\nformer licensee means a person who held a licence under PAMDA at any time within 3 years before a proceeding is started under subsection (2).\nformer registered employee means a person who held a registration certificate under PAMDA at any time within 1 year before a proceeding is started under subsection (2).\nprescribed action means—\nfor the Debt Collectors Act—making an order under section 116 of that Act; or\notherwise—disciplinary action.\nrelevant Act , for a licence or registration certificate under PAMDA that is not a transitioned licence, means the relevant Act for the licence or licences or registration certificate that the licence or certificate would have become under section 239(2) or 240(2) if it had still been in force immediately before the commencement.\n(sec.258-ssec.1) Subsection (2) applies if, before the commencement, a ground existed for starting disciplinary action under PAMDA against a former licensee or former registered employee.\n(sec.258-ssec.2) Prescribed action may be taken against the former licensee or former registered employee on that ground under the relevant Act as if the ground were a ground for starting a proceeding for the prescribed action under the relevant Act.\n(sec.258-ssec.3) If, before the commencement, QCAT had started but not finished disciplinary action under PAMDA, the action may be finished under PAMDA as if that Act had not been repealed.\n(sec.258-ssec.4) If the decision under subsection (3) applies to a licence or registration certificate under PAMDA that is a transitioned licence or licences or transitioned certificate, the decision must be given effect under the relevant Act in relation to the transitioned licence or licences or transitioned certificate.\n(sec.258-ssec.5) In this section— former licensee means a person who held a licence under PAMDA at any time within 3 years before a proceeding is started under subsection (2). former registered employee means a person who held a registration certificate under PAMDA at any time within 1 year before a proceeding is started under subsection (2). prescribed action means— for the Debt Collectors Act—making an order under section 116 of that Act; or otherwise—disciplinary action. relevant Act , for a licence or registration certificate under PAMDA that is not a transitioned licence, means the relevant Act for the licence or licences or registration certificate that the licence or certificate would have become under section 239(2) or 240(2) if it had still been in force immediately before the commencement.\n- (a) for the Debt Collectors Act—making an order under section 116 of that Act; or\n- (b) otherwise—disciplinary action.","sortOrder":347},{"sectionNumber":"sec.259","sectionType":"section","heading":"Injunctions relating to pre-commencement conduct","content":"### sec.259 Injunctions relating to pre-commencement conduct\n\nAn existing injunction continues to be a valid injunction under the relevant Act according to its terms.\nThe provisions of the relevant Act relating to injunctions apply to an existing injunction.\nIf an existing injunction relates to a person’s existing licence, the injunction is taken to relate to the person’s transitioned licence.\nIf an existing injunction relates to a person’s existing registration certificate, the injunction is taken to relate to the person’s transitioned licence or licences or transitioned certificate.\nThe District Court may grant an injunction under a relevant Act, in addition to any other power to grant injunctions under the relevant Act, if the court is satisfied—\na person has, before the commencement, engaged in conduct that constituted—\na contravention of PAMDA or a repealed code of conduct; or\nan attempt to contravene PAMDA or a repealed code of conduct; or\naiding, abetting, counselling or procuring a person to contravene PAMDA or a repealed code of conduct; or\ninducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene PAMDA or a repealed code of conduct; or\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of PAMDA or a repealed code of conduct; or\nconspiring with others to contravene PAMDA or a repealed code of conduct; and\nthe conduct would result in the grant of an injunction under the relevant Act if the conduct had happened after the commencement in relation to the relevant Act.\nAn application under subsection (5) may be made by—\nthe chief executive; or\na person aggrieved by the respondent’s conduct.\nIf, before the commencement—\nthe chief executive applied to the District Court for an injunction under PAMDA, section 564; and\nthe District Court has not decided the application;\nthe application may be heard and decided under PAMDA as if it had not been repealed.\nIn this section—\nexisting injunction means an injunction granted by the District Court under PAMDA and in force immediately before the commencement.\nrelevant Act means—\nfor an injunction relating to conduct, or conduct, of a kind regulated by the Debt Collectors Act—the Debt Collectors Act; or\nfor an injunction relating to conduct, or conduct, of a kind regulated by the Motor Dealers and Chattel Auctioneers Act—the Motor Dealers and Chattel Auctioneers Act; or\nfor an injunction relating to conduct, or conduct, of a kind regulated by this Act—this Act.\n(sec.259-ssec.1) An existing injunction continues to be a valid injunction under the relevant Act according to its terms.\n(sec.259-ssec.2) The provisions of the relevant Act relating to injunctions apply to an existing injunction.\n(sec.259-ssec.3) If an existing injunction relates to a person’s existing licence, the injunction is taken to relate to the person’s transitioned licence.\n(sec.259-ssec.4) If an existing injunction relates to a person’s existing registration certificate, the injunction is taken to relate to the person’s transitioned licence or licences or transitioned certificate.\n(sec.259-ssec.5) The District Court may grant an injunction under a relevant Act, in addition to any other power to grant injunctions under the relevant Act, if the court is satisfied— a person has, before the commencement, engaged in conduct that constituted— a contravention of PAMDA or a repealed code of conduct; or an attempt to contravene PAMDA or a repealed code of conduct; or aiding, abetting, counselling or procuring a person to contravene PAMDA or a repealed code of conduct; or inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene PAMDA or a repealed code of conduct; or being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of PAMDA or a repealed code of conduct; or conspiring with others to contravene PAMDA or a repealed code of conduct; and the conduct would result in the grant of an injunction under the relevant Act if the conduct had happened after the commencement in relation to the relevant Act.\n(sec.259-ssec.6) An application under subsection (5) may be made by— the chief executive; or a person aggrieved by the respondent’s conduct.\n(sec.259-ssec.7) If, before the commencement— the chief executive applied to the District Court for an injunction under PAMDA, section 564; and the District Court has not decided the application; the application may be heard and decided under PAMDA as if it had not been repealed.\n(sec.259-ssec.8) In this section— existing injunction means an injunction granted by the District Court under PAMDA and in force immediately before the commencement. relevant Act means— for an injunction relating to conduct, or conduct, of a kind regulated by the Debt Collectors Act—the Debt Collectors Act; or for an injunction relating to conduct, or conduct, of a kind regulated by the Motor Dealers and Chattel Auctioneers Act—the Motor Dealers and Chattel Auctioneers Act; or for an injunction relating to conduct, or conduct, of a kind regulated by this Act—this Act.\n- (a) a person has, before the commencement, engaged in conduct that constituted— (i) a contravention of PAMDA or a repealed code of conduct; or (ii) an attempt to contravene PAMDA or a repealed code of conduct; or (iii) aiding, abetting, counselling or procuring a person to contravene PAMDA or a repealed code of conduct; or (iv) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene PAMDA or a repealed code of conduct; or (v) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of PAMDA or a repealed code of conduct; or (vi) conspiring with others to contravene PAMDA or a repealed code of conduct; and\n- (i) a contravention of PAMDA or a repealed code of conduct; or\n- (ii) an attempt to contravene PAMDA or a repealed code of conduct; or\n- (iii) aiding, abetting, counselling or procuring a person to contravene PAMDA or a repealed code of conduct; or\n- (iv) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene PAMDA or a repealed code of conduct; or\n- (v) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of PAMDA or a repealed code of conduct; or\n- (vi) conspiring with others to contravene PAMDA or a repealed code of conduct; and\n- (b) the conduct would result in the grant of an injunction under the relevant Act if the conduct had happened after the commencement in relation to the relevant Act.\n- (i) a contravention of PAMDA or a repealed code of conduct; or\n- (ii) an attempt to contravene PAMDA or a repealed code of conduct; or\n- (iii) aiding, abetting, counselling or procuring a person to contravene PAMDA or a repealed code of conduct; or\n- (iv) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene PAMDA or a repealed code of conduct; or\n- (v) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of PAMDA or a repealed code of conduct; or\n- (vi) conspiring with others to contravene PAMDA or a repealed code of conduct; and\n- (a) the chief executive; or\n- (b) a person aggrieved by the respondent’s conduct.\n- (a) the chief executive applied to the District Court for an injunction under PAMDA, section 564; and\n- (b) the District Court has not decided the application;\n- (a) for an injunction relating to conduct, or conduct, of a kind regulated by the Debt Collectors Act—the Debt Collectors Act; or\n- (b) for an injunction relating to conduct, or conduct, of a kind regulated by the Motor Dealers and Chattel Auctioneers Act—the Motor Dealers and Chattel Auctioneers Act; or\n- (c) for an injunction relating to conduct, or conduct, of a kind regulated by this Act—this Act.","sortOrder":348},{"sectionNumber":"sec.260","sectionType":"section","heading":"Undertakings relating to pre-commencement conduct","content":"### sec.260 Undertakings relating to pre-commencement conduct\n\nAn existing undertaking continues to be a valid undertaking under the relevant Act according to its terms.\nThe provisions of the relevant Act relating to undertakings apply to an existing undertaking.\nIf an existing undertaking relates to a person’s existing licence, the undertaking is taken to relate to the person’s transitioned licence.\nIf an existing undertaking relates to a person’s existing registration certificate, the undertaking is taken to relate to the person’s transitioned licence or licences or transitioned certificate.\nIf the chief executive reasonably believes a person has, before the commencement, contravened or been involved in a contravention of PAMDA or a repealed code of conduct, the chief executive may ask for an undertaking under the relevant Act as if—\na reference to ‘this Act’ in the provisions of the relevant Act about undertakings were a reference to PAMDA; and\na reference to a ‘prescribed conduct provision’ in the provisions of the relevant Act about undertakings were a reference to the repealed code of conduct.\nIf, before the commencement—\nthe chief executive applied to the District Court for an order under PAMDA, section 571; and\nthe District Court has not decided the application;\nthe application may be heard and decided under PAMDA as if it had not been repealed.\nIn this section—\nexisting undertaking means an undertaking given by a person under PAMDA and in force immediately before the commencement.\nrelevant Act means—\nfor an undertaking relating to conduct, or conduct, of a kind regulated by the Debt Collectors Act—the Debt Collectors Act; or\nfor an undertaking relating to conduct, or conduct, of a kind regulated by the Motor Dealers and Chattel Auctioneers Act—the Motor Dealers and Chattel Auctioneers Act; or\nfor an undertaking relating to conduct, or conduct, of a kind regulated by this Act—this Act.\n(sec.260-ssec.1) An existing undertaking continues to be a valid undertaking under the relevant Act according to its terms.\n(sec.260-ssec.2) The provisions of the relevant Act relating to undertakings apply to an existing undertaking.\n(sec.260-ssec.3) If an existing undertaking relates to a person’s existing licence, the undertaking is taken to relate to the person’s transitioned licence.\n(sec.260-ssec.4) If an existing undertaking relates to a person’s existing registration certificate, the undertaking is taken to relate to the person’s transitioned licence or licences or transitioned certificate.\n(sec.260-ssec.5) If the chief executive reasonably believes a person has, before the commencement, contravened or been involved in a contravention of PAMDA or a repealed code of conduct, the chief executive may ask for an undertaking under the relevant Act as if— a reference to ‘this Act’ in the provisions of the relevant Act about undertakings were a reference to PAMDA; and a reference to a ‘prescribed conduct provision’ in the provisions of the relevant Act about undertakings were a reference to the repealed code of conduct.\n(sec.260-ssec.6) If, before the commencement— the chief executive applied to the District Court for an order under PAMDA, section 571; and the District Court has not decided the application; the application may be heard and decided under PAMDA as if it had not been repealed.\n(sec.260-ssec.7) In this section— existing undertaking means an undertaking given by a person under PAMDA and in force immediately before the commencement. relevant Act means— for an undertaking relating to conduct, or conduct, of a kind regulated by the Debt Collectors Act—the Debt Collectors Act; or for an undertaking relating to conduct, or conduct, of a kind regulated by the Motor Dealers and Chattel Auctioneers Act—the Motor Dealers and Chattel Auctioneers Act; or for an undertaking relating to conduct, or conduct, of a kind regulated by this Act—this Act.\n- (a) a reference to ‘this Act’ in the provisions of the relevant Act about undertakings were a reference to PAMDA; and\n- (b) a reference to a ‘prescribed conduct provision’ in the provisions of the relevant Act about undertakings were a reference to the repealed code of conduct.\n- (a) the chief executive applied to the District Court for an order under PAMDA, section 571; and\n- (b) the District Court has not decided the application;\n- (a) for an undertaking relating to conduct, or conduct, of a kind regulated by the Debt Collectors Act—the Debt Collectors Act; or\n- (b) for an undertaking relating to conduct, or conduct, of a kind regulated by the Motor Dealers and Chattel Auctioneers Act—the Motor Dealers and Chattel Auctioneers Act; or\n- (c) for an undertaking relating to conduct, or conduct, of a kind regulated by this Act—this Act.","sortOrder":349},{"sectionNumber":"sec.261","sectionType":"section","heading":"Proceedings for offences under PAMDA","content":"### sec.261 Proceedings for offences under PAMDA\n\nThis section applies if a person is alleged to have committed an offence against PAMDA before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20, proceedings for the offence may be started or continued, and a court may hear and decide the proceedings under PAMDA, as if it had not been repealed.\nSubsection (2) applies despite the Criminal Code, section 11.\n(sec.261-ssec.1) This section applies if a person is alleged to have committed an offence against PAMDA before the commencement.\n(sec.261-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, proceedings for the offence may be started or continued, and a court may hear and decide the proceedings under PAMDA, as if it had not been repealed.\n(sec.261-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.","sortOrder":350},{"sectionNumber":"sec.262","sectionType":"section","heading":"Existing infringement notice offences","content":"### sec.262 Existing infringement notice offences\n\nThis section applies if—\nan infringement notice offence under the State Penalties Enforcement Act 1999 was committed against PAMDA by a person before the commencement; and\nno infringement notice under the State Penalties Enforcement Act 1999 had been served before the commencement on the person for the offence.\nWithout limiting the Acts Interpretation Act 1954 , section 20, an infringement notice may be served on the person, and the infringement notice may be dealt with, as if PAMDA had not been repealed.\n(sec.262-ssec.1) This section applies if— an infringement notice offence under the State Penalties Enforcement Act 1999 was committed against PAMDA by a person before the commencement; and no infringement notice under the State Penalties Enforcement Act 1999 had been served before the commencement on the person for the offence.\n(sec.262-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, an infringement notice may be served on the person, and the infringement notice may be dealt with, as if PAMDA had not been repealed.\n- (a) an infringement notice offence under the State Penalties Enforcement Act 1999 was committed against PAMDA by a person before the commencement; and\n- (b) no infringement notice under the State Penalties Enforcement Act 1999 had been served before the commencement on the person for the offence.","sortOrder":351},{"sectionNumber":"sec.263","sectionType":"section","heading":"Existing fines and fees","content":"### sec.263 Existing fines and fees\n\nA fine ordered to be paid to the chief executive under PAMDA that has not been paid before the commencement may be recovered after the commencement as a debt owing to the chief executive in a court with jurisdiction to recover debts up to the amount of the fine.\nA fee incurred under PAMDA that has not been paid before the commencement may be recovered after the commencement as a debt owing to the chief executive in a court with jurisdiction to recover debts up to the amount of the fee.\n(sec.263-ssec.1) A fine ordered to be paid to the chief executive under PAMDA that has not been paid before the commencement may be recovered after the commencement as a debt owing to the chief executive in a court with jurisdiction to recover debts up to the amount of the fine.\n(sec.263-ssec.2) A fee incurred under PAMDA that has not been paid before the commencement may be recovered after the commencement as a debt owing to the chief executive in a court with jurisdiction to recover debts up to the amount of the fee.","sortOrder":352},{"sectionNumber":"sec.264","sectionType":"section","heading":"Return of beneficial interest if in form of commission","content":"### sec.264 Return of beneficial interest if in form of commission\n\nIf proceedings for an offence against a provision mentioned in column 1 of the following table are started or continued under section 261, and the proceedings result in a person being convicted of an offence, the provision mentioned in column 2 of the following table applies to the person and the court convicting the person as if PAMDA had not been repealed—\nOffence provision\nProvision providing for return of beneficial interest\nPAMDA, section 145(2) or (3)\nPAMDA, section 145A\nPAMDA, section 184(2) or (3)\nPAMDA, section 184A\nPAMDA, section 222(2) or (3)\nPAMDA, section 222A\nPAMDA, section 292(2) or (3)\nPAMDA, section 292A","sortOrder":353},{"sectionNumber":"sec.265","sectionType":"section","heading":"Marketeer proceeding relating to pre-commencement conduct","content":"### sec.265 Marketeer proceeding relating to pre-commencement conduct\n\nIf, before the commencement, a ground existed for starting a marketeer proceeding against a person under PAMDA, a marketeer proceeding may be taken against the person on that ground under PAMDA as if it had not been repealed.\nIf, before the commencement, QCAT had started but not finished a marketeer proceeding under PAMDA, the marketeer proceeding may be finished under PAMDA as if it had not been repealed.\n(sec.265-ssec.1) If, before the commencement, a ground existed for starting a marketeer proceeding against a person under PAMDA, a marketeer proceeding may be taken against the person on that ground under PAMDA as if it had not been repealed.\n(sec.265-ssec.2) If, before the commencement, QCAT had started but not finished a marketeer proceeding under PAMDA, the marketeer proceeding may be finished under PAMDA as if it had not been repealed.","sortOrder":354},{"sectionNumber":"pt.14-div.4","sectionType":"division","heading":"Preservation of existing rights of buyers","content":"## Preservation of existing rights of buyers","sortOrder":355},{"sectionNumber":"sec.266","sectionType":"section","heading":"Buyer’s rights if notice about land not given or materially defective continue","content":"### sec.266 Buyer’s rights if notice about land not given or materially defective continue\n\nPAMDA, sections 150, 189 and 227 continue to apply to a contract for the sale of land entered into before the commencement as if PAMDA had not been repealed.","sortOrder":356},{"sectionNumber":"sec.267","sectionType":"section","heading":"PAMDA, ch 11 continues to apply to existing relevant contracts","content":"### sec.267 PAMDA, ch 11 continues to apply to existing relevant contracts\n\nThis section applies to a relevant contract as defined under PAMDA, section 364 entered into before the commencement that has not settled.\nPAMDA, chapter 11 continues to apply to the relevant contract as if PAMDA had not been repealed.\n(sec.267-ssec.1) This section applies to a relevant contract as defined under PAMDA, section 364 entered into before the commencement that has not settled.\n(sec.267-ssec.2) PAMDA, chapter 11 continues to apply to the relevant contract as if PAMDA had not been repealed.","sortOrder":357},{"sectionNumber":"sec.268","sectionType":"section","heading":"Statutory warranty for used motor vehicles sold by pre-commencement auctioneers","content":"### sec.268 Statutory warranty for used motor vehicles sold by pre-commencement auctioneers\n\nThis section applies if—\nbefore the commencement, a pre-commencement auctioneer sold a warranted vehicle as mentioned in PAMDA, section 237(1) and not as mentioned in PAMDA, section 237(2); and\non the commencement, the warranty period under PAMDA, section 236 for the vehicle had not ended.\nThe relevant warranty provisions continue to apply in relation to the warranted vehicle as if PAMDA had not been repealed.\nIn this section—\npre-commencement auctioneer means an auctioneer under PAMDA, schedule 2.\nrelevant warranty provisions means—\nPAMDA, sections 242 to 249; and\nany other provisions of PAMDA relevant to the interpretation of the provisions mentioned in paragraph (a).\nwarranted vehicle means a class A warranted vehicle, or a class B warranted vehicle, under PAMDA, schedule 2.\n(sec.268-ssec.1) This section applies if— before the commencement, a pre-commencement auctioneer sold a warranted vehicle as mentioned in PAMDA, section 237(1) and not as mentioned in PAMDA, section 237(2); and on the commencement, the warranty period under PAMDA, section 236 for the vehicle had not ended.\n(sec.268-ssec.2) The relevant warranty provisions continue to apply in relation to the warranted vehicle as if PAMDA had not been repealed.\n(sec.268-ssec.3) In this section— pre-commencement auctioneer means an auctioneer under PAMDA, schedule 2. relevant warranty provisions means— PAMDA, sections 242 to 249; and any other provisions of PAMDA relevant to the interpretation of the provisions mentioned in paragraph (a). warranted vehicle means a class A warranted vehicle, or a class B warranted vehicle, under PAMDA, schedule 2.\n- (a) before the commencement, a pre-commencement auctioneer sold a warranted vehicle as mentioned in PAMDA, section 237(1) and not as mentioned in PAMDA, section 237(2); and\n- (b) on the commencement, the warranty period under PAMDA, section 236 for the vehicle had not ended.\n- (a) PAMDA, sections 242 to 249; and\n- (b) any other provisions of PAMDA relevant to the interpretation of the provisions mentioned in paragraph (a).","sortOrder":358},{"sectionNumber":"sec.269","sectionType":"section","heading":"Statutory warranty for used motor vehicles sold by pre-commencement motor dealer","content":"### sec.269 Statutory warranty for used motor vehicles sold by pre-commencement motor dealer\n\nThis section applies if—\nbefore the commencement, a pre-commencement motor dealer sold a warranted vehicle as mentioned in PAMDA, section 315(1) and not as mentioned in PAMDA, section 315(2); and\non the commencement, the warranty period under PAMDA, section 314 for the vehicle had not ended.\nThe relevant warranty provisions continue to apply in relation to the warranted vehicle as if PAMDA had not been repealed.\nIn this section—\npre-commencement motor dealer means a motor dealer under PAMDA, schedule 2.\nrelevant warranty provisions means—\nPAMDA, sections 318 to 325; and\nany other provisions of PAMDA relevant to the interpretation of the provisions mentioned in paragraph (a).\nwarranted vehicle means—\na class A warranted vehicle, or a class B warranted vehicle, under PAMDA, schedule 2; or\na restorable vehicle under PAMDA, schedule 2 for which the buyer did not waive the statutory warranty under PAMDA, section 316A(2).\n(sec.269-ssec.1) This section applies if— before the commencement, a pre-commencement motor dealer sold a warranted vehicle as mentioned in PAMDA, section 315(1) and not as mentioned in PAMDA, section 315(2); and on the commencement, the warranty period under PAMDA, section 314 for the vehicle had not ended.\n(sec.269-ssec.2) The relevant warranty provisions continue to apply in relation to the warranted vehicle as if PAMDA had not been repealed.\n(sec.269-ssec.3) In this section— pre-commencement motor dealer means a motor dealer under PAMDA, schedule 2. relevant warranty provisions means— PAMDA, sections 318 to 325; and any other provisions of PAMDA relevant to the interpretation of the provisions mentioned in paragraph (a). warranted vehicle means— a class A warranted vehicle, or a class B warranted vehicle, under PAMDA, schedule 2; or a restorable vehicle under PAMDA, schedule 2 for which the buyer did not waive the statutory warranty under PAMDA, section 316A(2).\n- (a) before the commencement, a pre-commencement motor dealer sold a warranted vehicle as mentioned in PAMDA, section 315(1) and not as mentioned in PAMDA, section 315(2); and\n- (b) on the commencement, the warranty period under PAMDA, section 314 for the vehicle had not ended.\n- (a) PAMDA, sections 318 to 325; and\n- (b) any other provisions of PAMDA relevant to the interpretation of the provisions mentioned in paragraph (a).\n- (a) a class A warranted vehicle, or a class B warranted vehicle, under PAMDA, schedule 2; or\n- (b) a restorable vehicle under PAMDA, schedule 2 for which the buyer did not waive the statutory warranty under PAMDA, section 316A(2).","sortOrder":359},{"sectionNumber":"pt.14-div.5","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":360},{"sectionNumber":"sec.270","sectionType":"section","heading":"Existing reference committee","content":"### sec.270 Existing reference committee\n\nA community representative whose appointment to a reference committee under PAMDA, section 528AA was current immediately before the commencement continues to hold the appointment as a community representative under this Act for the unexpired term of the appointment.\nIf the appointment was subject to a condition, the person’s appointment continues to be subject to the condition.\nIf, under PAMDA, section 528AC, the reference committee has authorised the chief executive to make an application to QCAT for a public examination under PAMDA, chapter 14, part 5, division 8, the authorisation continues to be effective for this Act.\n(sec.270-ssec.1) A community representative whose appointment to a reference committee under PAMDA, section 528AA was current immediately before the commencement continues to hold the appointment as a community representative under this Act for the unexpired term of the appointment.\n(sec.270-ssec.2) If the appointment was subject to a condition, the person’s appointment continues to be subject to the condition.\n(sec.270-ssec.3) If, under PAMDA, section 528AC, the reference committee has authorised the chief executive to make an application to QCAT for a public examination under PAMDA, chapter 14, part 5, division 8, the authorisation continues to be effective for this Act.","sortOrder":361},{"sectionNumber":"sec.271","sectionType":"section","heading":"Existing registers","content":"### sec.271 Existing registers\n\nA person may inspect or get a copy of details in any of the following kept under PAMDA to the same extent, and on payment of any fee, that would apply if PAMDA had not been repealed—\nthe licence register;\nthe registration certificate register;\nthe register of undertakings.\n- (a) the licence register;\n- (b) the registration certificate register;\n- (c) the register of undertakings.","sortOrder":362},{"sectionNumber":"sec.272","sectionType":"section","heading":"Refund of fees paid under PAMDA","content":"### sec.272 Refund of fees paid under PAMDA\n\nA regulation under this Act or an Agents Act may provide for the refunding of fees paid under PAMDA.","sortOrder":363},{"sectionNumber":"pt.15","sectionType":"part","heading":"Transitional provisions for Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024","content":"# Transitional provisions for Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024","sortOrder":364},{"sectionNumber":"sec.273","sectionType":"section","heading":"Application of s 92B to licensees holding existing licences","content":"### sec.273 Application of s 92B to licensees holding existing licences\n\nSubsection (2) applies to a licensee who holds a licence that is—\nfor a term of 1 year or more; and\nin force on the commencement.\nSection 92B does not apply to the licensee until the start of the first CPD year for the licence after the commencement.\nSubsection (4) applies to a licensee who holds a licence that is—\nfor a term of less than 1 year; and\nin force on the commencement.\nSection 92B applies to the licensee only—\nif the licence is renewed; and\nfrom the start of the next CPD year for the licence.\ns 273 ins 2024 No. 27 s 121\n(sec.273-ssec.1) Subsection (2) applies to a licensee who holds a licence that is— for a term of 1 year or more; and in force on the commencement.\n(sec.273-ssec.2) Section 92B does not apply to the licensee until the start of the first CPD year for the licence after the commencement.\n(sec.273-ssec.3) Subsection (4) applies to a licensee who holds a licence that is— for a term of less than 1 year; and in force on the commencement.\n(sec.273-ssec.4) Section 92B applies to the licensee only— if the licence is renewed; and from the start of the next CPD year for the licence.\n- (a) for a term of 1 year or more; and\n- (b) in force on the commencement.\n- (a) for a term of less than 1 year; and\n- (b) in force on the commencement.\n- (a) if the licence is renewed; and\n- (b) from the start of the next CPD year for the licence.","sortOrder":365},{"sectionNumber":"sec.274","sectionType":"section","heading":"Application of s 151B to real estate salespersons holding existing registration certificates","content":"### sec.274 Application of s 151B to real estate salespersons holding existing registration certificates\n\nSubsection (2) applies to a real estate salesperson who holds a registration certificate that is—\nfor a term of 1 year or more; and\nin force on the commencement.\nSection 151B does not apply to the salesperson until the start of the first CPD year for the registration certificate after the commencement.\nSubsection (4) applies to a real estate salesperson who holds a registration certificate that is—\nfor a term of less than 1 year; and\nin force on the commencement.\nSection 151B applies to the salesperson only—\nif the registration certificate is renewed; and\nfrom the start of the next CPD year for the registration certificate.\ns 274 ins 2024 No. 27 s 121\n(sec.274-ssec.1) Subsection (2) applies to a real estate salesperson who holds a registration certificate that is— for a term of 1 year or more; and in force on the commencement.\n(sec.274-ssec.2) Section 151B does not apply to the salesperson until the start of the first CPD year for the registration certificate after the commencement.\n(sec.274-ssec.3) Subsection (4) applies to a real estate salesperson who holds a registration certificate that is— for a term of less than 1 year; and in force on the commencement.\n(sec.274-ssec.4) Section 151B applies to the salesperson only— if the registration certificate is renewed; and from the start of the next CPD year for the registration certificate.\n- (a) for a term of 1 year or more; and\n- (b) in force on the commencement.\n- (a) for a term of less than 1 year; and\n- (b) in force on the commencement.\n- (a) if the registration certificate is renewed; and\n- (b) from the start of the next CPD year for the registration certificate.","sortOrder":366}],"analysis":{"summary":{"name":"Property Occupations Act 2014","slug":"property-occupations-act-2014","title_id":"qld:act-2014-022","version_id":29684,"analysis_type":"summary","content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Complete in-force Queensland Act. 15 Parts including 2024 amendment transitional provisions."},"complexity_factors":["Three-category licensing scheme with distinct authorisations and conditions for each","Dual-regime regulation (POA + Agents Financial Administration Act) for trust accounts","Multiple grounds for licence suspension, cancellation, and disciplinary action","Consumer protection provisions (cooling-off, commission restrictions) sitting alongside practitioner regulation"],"plain_english_summary":"The Property Occupations Act 2014 (Qld) regulates real estate agents, auctioneers, resident letting agents, and real estate salespersons operating in Queensland. It replaced earlier legislation and consolidated the licensing, conduct, and disciplinary rules for persons performing property-related services.\n\nThe Act establishes a three-category licensing regime (Part 2): auctioneer licences, real estate agent licences, and resident letting agent licences. Each licence type authorises specific activities. A separate registration category applies to real estate salespersons under Part 5, who must be registered but do not need a full licence.\n\nLicensees must maintain trust accounts for client money (connected to the Agents Financial Administration Act 2014), and are subject to mandatory audit requirements. Immediate suspension of a licence can occur where the chief executive has concerns about trust account irregularities, misleading applications, or failure to file audit reports (s. 76). Immediate cancellation occurs automatically on serious offence conviction, insolvency, or corporate winding-up (s. 77).\n\nPart 3 governs the general conduct obligations of property agents and resident letting agents. Part 4 deals with appointment requirements: agents must be formally appointed in writing before acting for a client, and the appointment must contain specified information including the commission or reward agreed. Part 6 imposes disclosure requirements on licensees, salespersons, property developers, and marketeers, including disclosure of any beneficial interest the agent holds in the property being sold.\n\nPart 7 covers residential property sales and creates important consumer protections including a five-business-day cooling-off period (s. 166) for residential property contracts. Sections 88-91 restrict agents from claiming commission above the amount stated in their appointment, and courts can order repayment of excess commission.\n\nPart 8 deals with trust accounts, Part 9 with QCAT proceedings for disciplinary matters, and Part 10 with injunctions, civil penalties, and asset preservation orders."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.3","severity":"medium","reasoning":"Binding a party to legal obligations while expressly immunising them from prosecution renders the binding legally hollow. If the Commonwealth breaches a provision, no prosecution can follow, making the 'binding' effect largely symbolic and potentially misleading.","confidence":0.72,"description":"The Act purports to bind the Commonwealth and other States 'as far as the legislative power of the Parliament permits', yet simultaneously declares they cannot be prosecuted for offences. This creates a situation where the Act binds them in name only, with no enforceable consequence for non-compliance."},{"type":"impossible_compliance","section":"sec.8","severity":"medium","reasoning":"The exemption in s.8(1) and s.8(2) is entirely contingent on regulatory figures that may or may not exist. A person cannot know whether they qualify for the exemption if no regulation prescribes the relevant area or value. The Act provides no default position.","confidence":0.78,"description":"The exemption for large-scale non-residential property transactions depends on thresholds 'prescribed under a regulation', but the section creates no fallback or default if no regulation is ever made. If the regulation is never promulgated, the exemption thresholds are undefined and the exemption is practically unworkable."},{"type":"other","section":"sec.28","severity":"low","reasoning":"The activities permissible under the licence and the qualifications needed to obtain it are governed by entirely separate mechanisms (regulation vs. chief executive approval), with no statutory alignment between the two. A regulation could theoretically prescribe any limitation, and the chief executive could approve any qualification, with no requirement that they correspond.","confidence":0.6,"description":"A 'limited property agent licence' is defined as one that limits activities 'as prescribed under a regulation', yet the qualification requirements for such a licence are set by the chief executive (not by regulation). This creates an asymmetry where the scope of the licence is regulation-dependent but the eligibility criteria are administratively determined, with no statutory floor or ceiling on either."},{"type":"self_contradicting","section":"sec.43","severity":"high","reasoning":"The notification regime in s.41 exists for a purpose — to inform the chief executive's suitability assessment. Yet s.43(4) prohibits relying on charge information for that very assessment. The mechanism compels disclosure of information that is simultaneously rendered legally inert, making the charge-notification aspect of s.41 purposeless.","confidence":0.88,"description":"Section 43(4) prohibits using information about a charge as a basis for deciding suitability, yet section 41(6) expressly defines 'criminal history' to include charges that have not been dismissed, and section 41 compels the commissioner to notify the chief executive of such charges. The chief executive is thus required to receive information they are prohibited from acting upon."},{"type":"impossible_compliance","section":"sec.44","severity":"medium","reasoning":"The destruction obligation in s.44(3) conflicts with the ongoing suitability-monitoring regime. While the commissioner can be re-asked for a report, the destruction requirement prevents the chief executive from detecting discrepancies between reports over time or maintaining institutional memory of prior assessments.","confidence":0.75,"description":"Section 44(3) requires the chief executive to destroy criminal history reports 'as soon as practicable after considering the person's suitability'. However, suitability must be reconsidered on renewal, restoration, and reactivation of licences (see s.33). Destroying the report immediately after the first assessment means subsequent assessments cannot compare prior criminal history against current history, undermining the ongoing suitability framework."},{"type":"other","section":"sec.32 (ssec.3 and ssec.4)","severity":"low","reasoning":"The asymmetry between the treatment of corporations and individuals is arguably arbitrary. Corporations can circumvent the ban through genuine sale; individuals have no equivalent pathway. While this may be a policy choice, it produces potentially irrational outcomes.","confidence":0.62,"description":"Section 32(3) imposes a 3-month reapplication ban on persons whose licence application was refused. Section 32(4) exempts corporations from this ban if ownership and control have genuinely changed. However, there is no equivalent carve-out for individuals, meaning an individual who was refused due to circumstances entirely beyond their control (e.g., a business associate's conduct) must wait 3 months regardless."},{"type":"self_contradicting","section":"sec.11 (ssec.1 and ssec.2)","severity":"high","reasoning":"The very activity that triggers eligibility for the exemption (providing affordable rental housing) is also the activity that constitutes being a resident letting agent. Unless 'otherwise' is read very narrowly to mean activities beyond the exempt activity, s.11(2) swallows s.11(1) entirely.","confidence":0.82,"description":"Section 11(1) exempts non-profit corporations providing affordable housing, but s.11(2) removes the exemption if the corporation is 'otherwise carrying on the business of a resident letting agent or property agent'. A corporation providing affordable rental housing necessarily carries on the business of a resident letting agent (letting lots, collecting rents). The exemption and its carve-out are therefore potentially mutually exclusive, leaving no case in which the exemption clearly applies."},{"type":"circular_definition","section":"sec.14, sec.15, sec.16","severity":"low","reasoning":"The chain 'property agent = auctioneer or real estate agent; auctioneer = holder of auctioneer licence; real estate agent = holder of real estate agent licence' is circular. The substance of what these persons do is only found in ss.25–26, making the definitional sections superfluous relay points rather than meaningful definitions.","confidence":0.7,"description":"Section 15 defines a property agent as 'an auctioneer or a real estate agent'. Section 14 defines an auctioneer as a person who holds an auctioneer licence. Section 16 defines a real estate agent as a person who holds a real estate agent licence. These are purely circular definitional chains: being a 'property agent' depends entirely on holding a particular licence, which is itself defined by the activities it authorises. The definitions add no independent content."}],"contradictions":[{"severity":"high","section_a":"sec.41(6)","section_b":"sec.43(4)","confidence":0.9,"description":"Section 41(6) defines 'criminal history' for notification purposes to include charges not yet dismissed, and the commissioner is directed to notify the chief executive of changed criminal history including such charges. Section 43(4) expressly prohibits the chief executive from relying on charge information as a basis for suitability decisions. The notification obligation and the prohibition on use are directly contradictory."},{"severity":"high","section_a":"sec.11(1)","section_b":"sec.11(2)","confidence":0.8,"description":"Section 11(1) exempts non-profit corporations that provide or locate affordable rental housing or approved supported accommodation from licensing requirements. Section 11(2) removes the exemption if the corporation is 'otherwise carrying on the business of a resident letting agent or property agent'. Providing affordable rental housing and collecting associated rents is itself the business of a resident letting agent, meaning the exemption and its removal condition apply simultaneously to the same conduct."},{"severity":"low","section_a":"sec.5(1)","section_b":"sec.10(1)","confidence":0.55,"description":"Both sections exempt particular parties from Parts 3 and 4 and Part 6, Divisions 1 and 2 'to the extent they relate to a property agent'. The scoping phrase 'to the extent they relate to a property agent' is ambiguous and not defined. If interpreted differently across sections, the same provision of Parts 3/4/6 could be taken to apply to one exempted party but not another, creating inconsistent regulatory treatment without statutory basis for the difference."},{"severity":"medium","section_a":"sec.29(1)","section_b":"sec.34(1)(d) and sec.36","confidence":0.78,"description":"Section 29(1) states that a person wishing to obtain a licence 'must be a suitable person' before applying. However, suitability under s.34(1)(d) includes being a person the chief executive 'decides under section 36 is not suitable', which decision can only be made during the application process. This creates a logical impossibility: a person must be suitable before applying, but the definitive suitability determination only occurs during the application."},{"severity":"medium","section_a":"sec.44(3)","section_b":"sec.36(1) and sec.33(1)(b)-(c)","confidence":0.75,"description":"Section 44(3) requires the chief executive to destroy criminal history reports as soon as practicable after assessing suitability. Sections 33(1)(b)-(c) and 36(1) require the chief executive to assess suitability again on renewal and restoration of a licence, including consideration of prior criminal history. Destruction of reports after the initial assessment prevents the chief executive from conducting informed comparative suitability assessments on subsequent applications."},{"severity":"medium","section_a":"sec.6(2)-(3)","section_b":"sec.34 and sec.35","confidence":0.65,"description":"Section 6 grants appointees (administrators, liquidators, trustees in bankruptcy etc.) an exemption from sections 84, 85, 97, 100, 102 and Part 3 Division 2 while performing activities under a licence or former licence. However, sections 34 and 35 state that unsuitable persons 'cannot hold a licence'. An appointee who is, for example, an insolvent under administration would be individually unsuitable under s.34(1)(a), yet s.6 appears to permit them to perform licensed activities without holding a licence — which may or may not be the intended effect, creating ambiguity about whether the exemption overrides the suitability prohibition."}]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act significantly expanded on its predecessor (PAMDA) by introducing continuing professional development (CPD) requirements for licensees and real estate salespersons, new disclosure obligations for residential property agents and property developers (e.g., disclosing relationships and benefits from referrals), and specific provisions for electronic listings and price guides. The licensing categories were also restructured (e.g., merging pastoral house licences into auctioneer and real estate agent licences). The Act also broadened enforcement powers with new marketeer proceedings and asset preservation orders."},"complexity_factors":["Very long Act with over 270 sections and multiple parts","Extensive use of cross-references to other Acts (Corporations Act, Administration Act, PAMDA, Legal Profession Act)","Multiple definitions sections with numerous defined terms","Nested conditions and exceptions (e.g., exemptions in Part 1, Division 2)","Complex transitional provisions (Part 14) dealing with the repeal of PAMDA","Detailed licensing and registration requirements with suitability assessments, criminal history checks, and CPD obligations","Multiple enforcement mechanisms: injunctions, undertakings, civil penalties, disciplinary proceedings","Extensive disclosure and conduct provisions with many sub-requirements"],"plain_english_summary":"This Queensland law sets up a licensing and registration system for people who work as real estate agents, auctioneers, and resident letting agents (agents who manage rental properties in building complexes). It also covers real estate salespersons (employees of real estate agents) and 'marketeers' (people who promote residential property sales). The law explains who needs a licence or registration, how to get one, and what activities each type of licence allows. It includes rules for appointments (the written agreements between agents and their clients), disclosure requirements (agents must tell buyers about any relationships or benefits they might get from referring them to other professionals), and protections for buyers such as a 5-business-day cooling-off period for residential property contracts and a limit on the termination penalty (0.25% of the purchase price). It also bans misleading or unconscionable conduct by marketeers, requires agents to keep trust accounts for client money, and sets up disciplinary processes through QCAT (Queensland Civil and Administrative Tribunal). The law replaced the earlier Property Agents and Motor Dealers Act 2000, and includes transitional arrangements for existing licences and appointments."},"kimi_summary":{"_metrics":{"completionTokens":651},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in section 12 — regulating property agents and resident letting agents while protecting consumers. The 2024 amendments adding continuing professional development requirements (sections 92A-92E, 151A-151E) expand operational requirements but remain within the original regulatory framework."},"complexity_factors":["Multiple overlapping licence categories (auctioneer, real estate agent, resident letting agent) with different authorisations and restrictions","Extensive cross-referencing to other legislation including the Administration Act, Fair Trading Inspectors Act 2014, Corporations Act, and PAMDA","Numerous exemption provisions with conditional logic (sections 5-11)","Detailed suitability assessment framework involving criminal history checks, character assessments, and corporate officer vetting (sections 34-44)","Complex appointment rules for property agents including sole agency, exclusive agency, and open listing distinctions with specific termination rights","Nested conditions for substitute licensees and temporary arrangements (sections 66-70)","2024 amendments adding continuing professional development requirements with complex transitional provisions","Multiple penalty provisions varying between individuals and corporations"],"plain_english_summary":"**What this legislation does:**\n\nThis is Queensland's **Property Occupations Act 2014**, which regulates people who work in real estate — specifically **property agents** (auctioneers and real estate agents), **resident letting agents** (who manage rentals in building complexes), and **real estate salespersons**.\n\n**Key things the Act covers:**\n\n- **Licensing system**: You need a licence to legally work as a property agent or resident letting agent. There are three types: auctioneer, real estate agent, and resident letting agent. The government (chief executive) decides who gets licences based on suitability checks including criminal history, character, and qualifications.\n\n- **Registration for salespeople**: Real estate salespersons must register and can only work under a licensed real estate agent's supervision.\n\n- **Consumer protections**: The Act includes rules about how agents must behave — they can't charge commissions on inflated prices, must use proper written appointments with clients, and face limits on how long exclusive agency agreements can run (90 days for residential property sales).\n\n- **Exemptions**: Some people don't need licences — like court-appointed administrators, charities running auctions, large-scale commercial property deals, banks, and certain government bodies.\n\n- **Continuing professional development**: Since 2024, licensees and registered salespersons must complete ongoing training each year.\n\n- **Enforcement**: The chief executive can suspend or cancel licences immediately for serious issues like trust account problems or criminal convictions. QCAT (Queensland Civil and Administrative Tribunal) handles disciplinary matters.\n\n**Who it affects:** Anyone buying, selling, or renting property in Queensland; anyone working in real estate; and consumers dealing with property professionals.\n\n**Why it matters:** It tries to balance protecting consumers from dodgy practices with allowing legitimate business freedom, ensuring only qualified, trustworthy people handle significant property transactions."}},"importantCases":[],"_links":{"self":"/api/acts/property-occupations-act-2014","history":"/api/acts/property-occupations-act-2014/history","analysis":"/api/acts/property-occupations-act-2014/analysis","conflicts":"/api/acts/property-occupations-act-2014/conflicts","importantCases":"/api/acts/property-occupations-act-2014/important-cases","documents":"/api/acts/property-occupations-act-2014/documents"}}