{"id":"qld:sl-2014-0251","name":"Property Occupations Regulation 2014","slug":"property-occupations-regulation-2014","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"251 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175494,"registerId":"qld-qld:sl-2014-0251-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Property Occupations Regulation 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 December 2014.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Limited property agent licences","content":"# Limited property agent licences","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Limited real estate agent licence (affordable housing)","content":"### sec.3 Limited real estate agent licence (affordable housing)\n\nFor section 28 (1) of the Act , the activities that may be performed under a limited real estate agent’s licence (affordable housing) are limited to the following activities performed under an affordable housing rental scheme—\nletting places of residence;\ncollecting rents;\nnegotiating for the letting of places of residence.\nOnly the following persons may hold a limited real estate agent’s licence (affordable housing)—\na person who is a director of an approved non-profit corporation;\na person who is in charge of an approved non-profit corporation’s business at its place of business.\nSubsection (2) does not limit the requirements that must be met to obtain a limited real estate agent’s licence (affordable housing).\nIn this section—\naffordable housing rental scheme means a scheme to provide affordable rental housing that is approved by the chief executive of the department in which the Housing Act 2003 is administered.\napproved non-profit corporation means a non-profit corporation that—\nis a registered provider under the Housing Act 2003 ; and\nprovides a service consisting of letting and collecting rents under an affordable housing rental scheme.\n(sec.3-ssec.1) For section 28 (1) of the Act , the activities that may be performed under a limited real estate agent’s licence (affordable housing) are limited to the following activities performed under an affordable housing rental scheme— letting places of residence; collecting rents; negotiating for the letting of places of residence.\n(sec.3-ssec.2) Only the following persons may hold a limited real estate agent’s licence (affordable housing)— a person who is a director of an approved non-profit corporation; a person who is in charge of an approved non-profit corporation’s business at its place of business.\n(sec.3-ssec.3) Subsection (2) does not limit the requirements that must be met to obtain a limited real estate agent’s licence (affordable housing).\n(sec.3-ssec.4) In this section— affordable housing rental scheme means a scheme to provide affordable rental housing that is approved by the chief executive of the department in which the Housing Act 2003 is administered. approved non-profit corporation means a non-profit corporation that— is a registered provider under the Housing Act 2003 ; and provides a service consisting of letting and collecting rents under an affordable housing rental scheme.\n- (a) letting places of residence;\n- (b) collecting rents;\n- (c) negotiating for the letting of places of residence.\n- (a) a person who is a director of an approved non-profit corporation;\n- (b) a person who is in charge of an approved non-profit corporation’s business at its place of business.\n- (a) is a registered provider under the Housing Act 2003 ; and\n- (b) provides a service consisting of letting and collecting rents under an affordable housing rental scheme.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Limited real estate agent licence (business letting)","content":"### sec.4 Limited real estate agent licence (business letting)\n\nFor section 28 (1) of the Act , the activities that may be performed under a limited real estate agent’s licence (business letting) are limited to the following activities —\nletting businesses or interests in businesses;\ncollecting rents;\nnegotiating for the letting of businesses or interests in businesses.\n- (a) letting businesses or interests in businesses;\n- (b) collecting rents;\n- (c) negotiating for the letting of businesses or interests in businesses.","sortOrder":5},{"sectionNumber":"pt.3","sectionType":"part","heading":"General provisions about licensees or real estate salespersons","content":"# General provisions about licensees or real estate salespersons","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Prescribed changes in licensee’s circumstances to be notified to chief executive","content":"### sec.5 Prescribed changes in licensee’s circumstances to be notified to chief executive\n\nFor section 83 of the Act , each of the following is a prescribed change for a licensee—\na change in the licensee’s—\nname; or\nbusiness name; or\nbusiness address; or\nemail address; or\npostal address; or\nbusiness facsimile number; or\ntelephone number;\na change of the person who is in charge of a licensee’s place of business;\nif the licensee is an individual, a change in the licensee’s residential address;\nif the licensee is a corporation, a change of an executive officer of the corporation;\nthe coming into existence of circumstances for the licensee that would, under section 34 (1) or 35 (1) or (2) of the Act , affect the licensee’s suitability to hold a licence if the licensee were applying for the licence.\n- (a) a change in the licensee’s— (i) name; or (ii) business name; or (iii) business address; or (iv) email address; or (v) postal address; or (vi) business facsimile number; or (vii) telephone number;\n- (i) name; or\n- (ii) business name; or\n- (iii) business address; or\n- (iv) email address; or\n- (v) postal address; or\n- (vi) business facsimile number; or\n- (vii) telephone number;\n- (b) a change of the person who is in charge of a licensee’s place of business;\n- (c) if the licensee is an individual, a change in the licensee’s residential address;\n- (d) if the licensee is a corporation, a change of an executive officer of the corporation;\n- (e) the coming into existence of circumstances for the licensee that would, under section 34 (1) or 35 (1) or (2) of the Act , affect the licensee’s suitability to hold a licence if the licensee were applying for the licence.\n- (i) name; or\n- (ii) business name; or\n- (iii) business address; or\n- (iv) email address; or\n- (v) postal address; or\n- (vi) business facsimile number; or\n- (vii) telephone number;","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Prescribed changes in real estate salesperson’s circumstances to be notified to chief executive","content":"### sec.6 Prescribed changes in real estate salesperson’s circumstances to be notified to chief executive\n\nFor section 149 of the Act , each of the following is a prescribed change for a real estate salesperson—\na change in the salesperson’s—\nname; or\nemail address; or\npostal address; or\nresidential address; or\ntelephone number;\nthe coming into existence of circumstances for the salesperson that would, under section 120 (1) of the Act , affect the salesperson’s suitability to hold a registration certificate if the salesperson were applying for registration.\n- (a) a change in the salesperson’s— (i) name; or (ii) email address; or (iii) postal address; or (iv) residential address; or (v) telephone number;\n- (i) name; or\n- (ii) email address; or\n- (iii) postal address; or\n- (iv) residential address; or\n- (v) telephone number;\n- (b) the coming into existence of circumstances for the salesperson that would, under section 120 (1) of the Act , affect the salesperson’s suitability to hold a registration certificate if the salesperson were applying for registration.\n- (i) name; or\n- (ii) email address; or\n- (iii) postal address; or\n- (iv) residential address; or\n- (v) telephone number;","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Buyer’s premium","content":"### sec.7 Buyer’s premium\n\nFor section 92 (2) (a) (ii) of the Act , the auctioneer must disclose the percentage of the buyer’s premium payable on the purchase of goods at auction by—\nincluding the required statement for the goods in each written advertisement for the auction; and\ndisplaying the required statement for the goods in a way likely to be seen by each prospective bidder; and\nat the start of the auction—\nif bids may be made in person—announcing the required statement for the goods at the place where bidders may be present at the auction; and\nif bids may be made online—displaying the required statement for the goods to each person who may bid online during the auction.\nIn this section—\nrequired statement , for goods, means a statement that a buyer’s premium of a stated percentage of the purchase price of the goods is payable on a successful bid for the purchase of the goods.\n(sec.7-ssec.1) For section 92 (2) (a) (ii) of the Act , the auctioneer must disclose the percentage of the buyer’s premium payable on the purchase of goods at auction by— including the required statement for the goods in each written advertisement for the auction; and displaying the required statement for the goods in a way likely to be seen by each prospective bidder; and at the start of the auction— if bids may be made in person—announcing the required statement for the goods at the place where bidders may be present at the auction; and if bids may be made online—displaying the required statement for the goods to each person who may bid online during the auction.\n(sec.7-ssec.2) In this section— required statement , for goods, means a statement that a buyer’s premium of a stated percentage of the purchase price of the goods is payable on a successful bid for the purchase of the goods.\n- (a) including the required statement for the goods in each written advertisement for the auction; and\n- (b) displaying the required statement for the goods in a way likely to be seen by each prospective bidder; and\n- (c) at the start of the auction— (i) if bids may be made in person—announcing the required statement for the goods at the place where bidders may be present at the auction; and (ii) if bids may be made online—displaying the required statement for the goods to each person who may bid online during the auction.\n- (i) if bids may be made in person—announcing the required statement for the goods at the place where bidders may be present at the auction; and\n- (ii) if bids may be made online—displaying the required statement for the goods to each person who may bid online during the auction.\n- (i) if bids may be made in person—announcing the required statement for the goods at the place where bidders may be present at the auction; and\n- (ii) if bids may be made online—displaying the required statement for the goods to each person who may bid online during the auction.","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\nThe area prescribed for section 8 (1) (a) (i) , (1) (b) (i) , (2) (a) and (3) (a) of the Act is 10,000m 2 .\nThe amount prescribed for section 8 (1) (a) (ii) , (1) (b) (ii) , (2) (b) and (3) (b) of the Act is $10,000,000.\n(sec.8-ssec.1) The area prescribed for section 8 (1) (a) (i) , (1) (b) (i) , (2) (a) and (3) (a) of the Act is 10,000m 2 .\n(sec.8-ssec.2) The amount prescribed for section 8 (1) (a) (ii) , (1) (b) (ii) , (2) (b) and (3) (b) of the Act is $10,000,000.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Display and announcement of auctioneer’s name","content":"### sec.9 Display and announcement of auctioneer’s name\n\nFor section 95 (2) of the Act , an auctioneer who conducts an auction must display at the auction the auctioneer’s name—\nin a conspicuous position so it is clearly visible; and\nfor the entire period of the auction.\nHowever, subsection (1) does not apply if the display of the auctioneer’s name in the way stated in subsection (1) would be ineffective because—\nthe exposure of the place where the auction is held to the elements prevents the effective display; or\na livestock auction conducted outdoors\nthe auctioneer needs to change location to conduct the auction, to the extent the display of the auctioneer’s name would be ineffective without repositioning the name.\nan auction where it is necessary for the auctioneer to move from item to item, for example, an auction of large machinery items\nIf subsection (2) applies, the auctioneer must announce the auctioneer’s name at the start of the auction.\n(sec.9-ssec.1) For section 95 (2) of the Act , an auctioneer who conducts an auction must display at the auction the auctioneer’s name— in a conspicuous position so it is clearly visible; and for the entire period of the auction.\n(sec.9-ssec.2) However, subsection (1) does not apply if the display of the auctioneer’s name in the way stated in subsection (1) would be ineffective because— the exposure of the place where the auction is held to the elements prevents the effective display; or a livestock auction conducted outdoors the auctioneer needs to change location to conduct the auction, to the extent the display of the auctioneer’s name would be ineffective without repositioning the name. an auction where it is necessary for the auctioneer to move from item to item, for example, an auction of large machinery items\n(sec.9-ssec.3) If subsection (2) applies, the auctioneer must announce the auctioneer’s name at the start of the auction.\n- (a) in a conspicuous position so it is clearly visible; and\n- (b) for the entire period of the auction.\n- (a) the exposure of the place where the auction is held to the elements prevents the effective display; or Example— a livestock auction conducted outdoors\n- (b) the auctioneer needs to change location to conduct the auction, to the extent the display of the auctioneer’s name would be ineffective without repositioning the name. Example— an auction where it is necessary for the auctioneer to move from item to item, for example, an auction of large machinery items","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Prescribed statement for listing—property agents","content":"### sec.10 Prescribed statement for listing—property agents\n\nThe prescribed statement for section 214 (5) (b) or 216 (5) (b) of the Act is—\n‘This property is being sold by auction or without a price and therefore a price guide can not be provided. The website may have filtered the property into a price bracket for website functionality purposes.’.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Auction contract book","content":"### sec.11 Auction contract book\n\nThis section applies to real property placed by a person with an auctioneer for sale.\nThe auctioneer must keep at the auctioneer’s registered office an auction contract book.\nMaximum penalty—10 penalty units.\nWhen the person places the property with the auctioneer for sale, the auctioneer must enter in the auctioneer’s auction contract book the following particulars—\nthe date the property is placed by the person with the auctioneer for sale;\nthe property’s lot-on-plan description;\nif there is an improvement on the property, a description of the improvement;\nthe name and address of the owner or the person who has placed the property with the auctioneer for sale;\nany reserve price for the auction;\nany special conditions for the sale of the property;\nthe proposed date, time and place of the auction.\nMaximum penalty—10 penalty units.\nHowever, if the particulars mentioned in subsection (3) are contained in the appointment of the auctioneer under section 102 of the Act and the auctioneer keeps the appointment or a copy of it at the auctioneer’s registered office, the auctioneer need not enter the particulars in the auction contract book.\nThe auctioneer must enter the following particulars in the auction contract book as soon as practicable after the auction—\nthe date of the auction of the property;\nthe property’s description;\nif the property is sold at auction—\nthe price paid by the buyer; and\nthe buyer’s name and address;\nif the property is not sold at auction—\nthe amount of the highest bid at the auction; and\nif known, the highest bidder’s name and address.\nMaximum penalty—10 penalty units.\n(sec.11-ssec.1) This section applies to real property placed by a person with an auctioneer for sale.\n(sec.11-ssec.2) The auctioneer must keep at the auctioneer’s registered office an auction contract book. Maximum penalty—10 penalty units.\n(sec.11-ssec.3) When the person places the property with the auctioneer for sale, the auctioneer must enter in the auctioneer’s auction contract book the following particulars— the date the property is placed by the person with the auctioneer for sale; the property’s lot-on-plan description; if there is an improvement on the property, a description of the improvement; the name and address of the owner or the person who has placed the property with the auctioneer for sale; any reserve price for the auction; any special conditions for the sale of the property; the proposed date, time and place of the auction. Maximum penalty—10 penalty units.\n(sec.11-ssec.4) However, if the particulars mentioned in subsection (3) are contained in the appointment of the auctioneer under section 102 of the Act and the auctioneer keeps the appointment or a copy of it at the auctioneer’s registered office, the auctioneer need not enter the particulars in the auction contract book.\n(sec.11-ssec.5) The auctioneer must enter the following particulars in the auction contract book as soon as practicable after the auction— the date of the auction of the property; the property’s description; if the property is sold at auction— the price paid by the buyer; and the buyer’s name and address; if the property is not sold at auction— the amount of the highest bid at the auction; and if known, the highest bidder’s name and address. Maximum penalty—10 penalty units.\n- (a) the date the property is placed by the person with the auctioneer for sale;\n- (b) the property’s lot-on-plan description;\n- (c) if there is an improvement on the property, a description of the improvement;\n- (d) the name and address of the owner or the person who has placed the property with the auctioneer for sale;\n- (e) any reserve price for the auction;\n- (f) any special conditions for the sale of the property;\n- (g) the proposed date, time and place of the auction.\n- (a) the date of the auction of the property;\n- (b) the property’s description;\n- (c) if the property is sold at auction— (i) the price paid by the buyer; and (ii) the buyer’s name and address;\n- (i) the price paid by the buyer; and\n- (ii) the buyer’s name and address;\n- (d) if the property is not sold at auction— (i) the amount of the highest bid at the auction; and (ii) if known, the highest bidder’s name and address.\n- (i) the amount of the highest bid at the auction; and\n- (ii) if known, the highest bidder’s name and address.\n- (i) the price paid by the buyer; and\n- (ii) the buyer’s name and address;\n- (i) the amount of the highest bid at the auction; and\n- (ii) if known, the highest bidder’s name and address.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Sale of goods, other than livestock, by auctioneers— Act , s 236 (2) (d)","content":"### sec.12 Sale of goods, other than livestock, by auctioneers— Act , s 236 (2) (d)\n\nThis section applies if—\na person places goods with an auctioneer for sale; or\nan auctioneer sells goods belonging to the auctioneer.\nWhen the person places the goods with the auctioneer for sale, the auctioneer must enter in the auctioneer’s auction store book—\na description of the goods; and\nthe details of any mark, number or other particular relied upon for the identification of the goods; and\nthe reserve price, if any, for the goods for the auction; and\nfor goods other than goods belonging to the auctioneer—\nthe name and address of the seller or person who delivered the goods to the auctioneer; and\nthe date the goods were delivered to the auctioneer.\nMaximum penalty—10 penalty units.\nFor subsection (2) , the auctioneer may group the goods and enter them in the auctioneer’s auction store book as 1 item if—\nthe goods consist of articles; and\nthe articles are delivered to the auctioneer by 1 person; and\nthe lot value of the articles is not more than $50.\nWithin 24 hours after selling the goods at auction, the auctioneer must enter in the auctioneer’s auction sales book—\nthe date of the auction; and\na description of the goods; and\nthe sale price paid for the goods at the auction; and\nthe name and address of the buyer of the goods; and\na cross-reference to the relevant entry for the goods in the auctioneer’s auction store book.\nMaximum penalty—10 penalty units.\nThe auctioneer must keep the following at the auctioneer’s registered office—\nthe auction store book;\nthe auction sales book.\nMaximum penalty—10 penalty units.\nIn this section—\ngoods does not include livestock.\n(sec.12-ssec.1) This section applies if— a person places goods with an auctioneer for sale; or an auctioneer sells goods belonging to the auctioneer.\n(sec.12-ssec.2) When the person places the goods with the auctioneer for sale, the auctioneer must enter in the auctioneer’s auction store book— a description of the goods; and the details of any mark, number or other particular relied upon for the identification of the goods; and the reserve price, if any, for the goods for the auction; and for goods other than goods belonging to the auctioneer— the name and address of the seller or person who delivered the goods to the auctioneer; and the date the goods were delivered to the auctioneer. Maximum penalty—10 penalty units.\n(sec.12-ssec.3) For subsection (2) , the auctioneer may group the goods and enter them in the auctioneer’s auction store book as 1 item if— the goods consist of articles; and the articles are delivered to the auctioneer by 1 person; and the lot value of the articles is not more than $50.\n(sec.12-ssec.4) Within 24 hours after selling the goods at auction, the auctioneer must enter in the auctioneer’s auction sales book— the date of the auction; and a description of the goods; and the sale price paid for the goods at the auction; and the name and address of the buyer of the goods; and a cross-reference to the relevant entry for the goods in the auctioneer’s auction store book. Maximum penalty—10 penalty units.\n(sec.12-ssec.5) The auctioneer must keep the following at the auctioneer’s registered office— the auction store book; the auction sales book. Maximum penalty—10 penalty units.\n(sec.12-ssec.6) In this section— goods does not include livestock.\n- (a) a person places goods with an auctioneer for sale; or\n- (b) an auctioneer sells goods belonging to the auctioneer.\n- (a) a description of the goods; and\n- (b) the details of any mark, number or other particular relied upon for the identification of the goods; and\n- (c) the reserve price, if any, for the goods for the auction; and\n- (d) for goods other than goods belonging to the auctioneer— (i) the name and address of the seller or person who delivered the goods to the auctioneer; and (ii) the date the goods were delivered to the auctioneer.\n- (i) the name and address of the seller or person who delivered the goods to the auctioneer; and\n- (ii) the date the goods were delivered to the auctioneer.\n- (i) the name and address of the seller or person who delivered the goods to the auctioneer; and\n- (ii) the date the goods were delivered to the auctioneer.\n- (a) the goods consist of articles; and\n- (b) the articles are delivered to the auctioneer by 1 person; and\n- (c) the lot value of the articles is not more than $50.\n- (a) the date of the auction; and\n- (b) a description of the goods; and\n- (c) the sale price paid for the goods at the auction; and\n- (d) the name and address of the buyer of the goods; and\n- (e) a cross-reference to the relevant entry for the goods in the auctioneer’s auction store book.\n- (a) the auction store book;\n- (b) the auction sales book.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Sales of livestock by auctioneers— Act , s 236 (2) (d)","content":"### sec.13 Sales of livestock by auctioneers— Act , s 236 (2) (d)\n\nThis section applies to a sale of livestock by auction by an auctioneer.\nBefore the auction, the auctioneer must—\nenter in the auctioneer’s livestock auction book—\na description of the livestock; and\nthe number of livestock; and\nthe name and address of the client for whom the auctioneer is selling the livestock; and\nif livestock is to be sold on other than a cash basis—obtain a written authority for the sale—\nsigned by the client; and\nstating the auctioneer must pay to the client only the money actually paid to the auctioneer for the sale of the livestock, less the auctioneer’s commission and authorised expenses.\nMaximum penalty—10 penalty units.\nAt the start of the auction the auctioneer must—\nannounce the name of the client for whom the auctioneer is selling the livestock to the bidders present at the auction; and\nif the auction is being conducted online, display the name of the client for whom the auctioneer is selling the livestock to each person who may bid online during the auction.\nMaximum penalty—10 penalty units.\nAfter selling the livestock at auction, the auctioneer must, as soon as practicable, enter in the auctioneer’s livestock auction book—\nthe date of the auction of the livestock; and\nthe buyer’s name; and\nthe price paid by the buyer.\nMaximum penalty—10 penalty units.\nThe auctioneer must keep both of the following at the auctioneer’s registered office—\nthe auctioneer’s livestock auction book;\nany written authority for the sale obtained under subsection (2) (b) .\nMaximum penalty—10 penalty units.\n(sec.13-ssec.1) This section applies to a sale of livestock by auction by an auctioneer.\n(sec.13-ssec.2) Before the auction, the auctioneer must— enter in the auctioneer’s livestock auction book— a description of the livestock; and the number of livestock; and the name and address of the client for whom the auctioneer is selling the livestock; and if livestock is to be sold on other than a cash basis—obtain a written authority for the sale— signed by the client; and stating the auctioneer must pay to the client only the money actually paid to the auctioneer for the sale of the livestock, less the auctioneer’s commission and authorised expenses. Maximum penalty—10 penalty units.\n(sec.13-ssec.3) At the start of the auction the auctioneer must— announce the name of the client for whom the auctioneer is selling the livestock to the bidders present at the auction; and if the auction is being conducted online, display the name of the client for whom the auctioneer is selling the livestock to each person who may bid online during the auction. Maximum penalty—10 penalty units.\n(sec.13-ssec.4) After selling the livestock at auction, the auctioneer must, as soon as practicable, enter in the auctioneer’s livestock auction book— the date of the auction of the livestock; and the buyer’s name; and the price paid by the buyer. Maximum penalty—10 penalty units.\n(sec.13-ssec.5) The auctioneer must keep both of the following at the auctioneer’s registered office— the auctioneer’s livestock auction book; any written authority for the sale obtained under subsection (2) (b) . Maximum penalty—10 penalty units.\n- (a) enter in the auctioneer’s livestock auction book— (i) a description of the livestock; and (ii) the number of livestock; and (iii) the name and address of the client for whom the auctioneer is selling the livestock; and\n- (i) a description of the livestock; and\n- (ii) the number of livestock; and\n- (iii) the name and address of the client for whom the auctioneer is selling the livestock; and\n- (b) if livestock is to be sold on other than a cash basis—obtain a written authority for the sale— (i) signed by the client; and (ii) stating the auctioneer must pay to the client only the money actually paid to the auctioneer for the sale of the livestock, less the auctioneer’s commission and authorised expenses.\n- (i) signed by the client; and\n- (ii) stating the auctioneer must pay to the client only the money actually paid to the auctioneer for the sale of the livestock, less the auctioneer’s commission and authorised expenses.\n- (i) a description of the livestock; and\n- (ii) the number of livestock; and\n- (iii) the name and address of the client for whom the auctioneer is selling the livestock; and\n- (i) signed by the client; and\n- (ii) stating the auctioneer must pay to the client only the money actually paid to the auctioneer for the sale of the livestock, less the auctioneer’s commission and authorised expenses.\n- (a) announce the name of the client for whom the auctioneer is selling the livestock to the bidders present at the auction; and\n- (b) if the auction is being conducted online, display the name of the client for whom the auctioneer is selling the livestock to each person who may bid online during the auction.\n- (a) the date of the auction of the livestock; and\n- (b) the buyer’s name; and\n- (c) the price paid by the buyer.\n- (a) the auctioneer’s livestock auction book;\n- (b) any written authority for the sale obtained under subsection (2) (b) .","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Form in which particular records may be kept","content":"### sec.14 Form in which particular records may be kept\n\nFor section 236 (2) (d) of the Act , an auctioneer may keep any or all of the following records in hard copy or electronic form—\nthe auctioneer’s auction contract book;\nthe auctioneer’s auction sales book;\nthe auctioneer’s auction store book;\nthe auctioneer’s livestock auction book.\n- (a) the auctioneer’s auction contract book;\n- (b) the auctioneer’s auction sales book;\n- (c) the auctioneer’s auction store book;\n- (d) the auctioneer’s livestock auction book.","sortOrder":16},{"sectionNumber":"pt.4","sectionType":"part","heading":"Keeping documents","content":"# Keeping documents","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Keeping documents","content":"### sec.15 Keeping documents\n\nThis section applies subject to the Evidence Act 1977 , section 111 .\nA principal licensee must keep each document the licensee is required to keep under the Act —\nin a secure, orderly and accessible way; and\nfor at least 5 years.\nMaximum penalty—10 penalty units.\n(sec.15-ssec.1) This section applies subject to the Evidence Act 1977 , section 111 .\n(sec.15-ssec.2) A principal licensee must keep each document the licensee is required to keep under the Act — in a secure, orderly and accessible way; and for at least 5 years. Maximum penalty—10 penalty units.\n- (a) in a secure, orderly and accessible way; and\n- (b) for at least 5 years.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Keeping documents in electronic form","content":"### sec.16 Keeping documents in electronic form\n\nThis section applies if—\na principal licensee is required to keep a document under the Act ; and\nthe document is stored in electronic form on a computer.\nThe principal licensee must ensure—\nthe computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and\nthe computer system is backed up at least once a month; and\na computer disk or other electronic device used to store the backed-up information is kept in a location that—\nis not the principal licensee’s registered office, or if the principal licensee has more than 1 place of business, is not the principal licensee’s registered office or other place of business; and\nis unaffected by magnetic interference or another thing that may adversely affect the stored information.\nMaximum penalty—10 penalty units.\n(sec.16-ssec.1) This section applies if— a principal licensee is required to keep a document under the Act ; and the document is stored in electronic form on a computer.\n(sec.16-ssec.2) The principal licensee must ensure— the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and the computer system is backed up at least once a month; and a computer disk or other electronic device used to store the backed-up information is kept in a location that— is not the principal licensee’s registered office, or if the principal licensee has more than 1 place of business, is not the principal licensee’s registered office or other place of business; and is unaffected by magnetic interference or another thing that may adversely affect the stored information. Maximum penalty—10 penalty units.\n- (a) a principal licensee is required to keep a document under the Act ; and\n- (b) the document is stored in electronic form on a computer.\n- (a) the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and\n- (b) the computer system is backed up at least once a month; and\n- (c) a computer disk or other electronic device used to store the backed-up information is kept in a location that— (i) is not the principal licensee’s registered office, or if the principal licensee has more than 1 place of business, is not the principal licensee’s registered office or other place of business; and (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.\n- (i) is not the principal licensee’s registered office, or if the principal licensee has more than 1 place of business, is not the principal licensee’s registered office or other place of business; and\n- (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.\n- (i) is not the principal licensee’s registered office, or if the principal licensee has more than 1 place of business, is not the principal licensee’s registered office or other place of business; and\n- (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.","sortOrder":19},{"sectionNumber":"pt.5","sectionType":"part","heading":"Conduct standards","content":"# Conduct standards","sortOrder":20},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Conduct standards","content":"## Conduct standards","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Conduct standards","content":"### sec.17 Conduct standards\n\nThis part provides conduct standards for licensees and real estate salespersons for section 235 of the Act .","sortOrder":22},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Property agents and real estate salespersons","content":"## Property agents and real estate salespersons","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Conflict of duty or interest","content":"### sec.18 Conflict of duty or interest\n\nA property agent must not accept an appointment to act, or continue to act, as a property agent for a client if doing so will place the agent’s duty or interests in conflict with the client’s interests.\nA real estate salesperson must not act, or continue to act, as a real estate salesperson for a client if doing so will place the salesperson’s duty or interests in conflict with the client’s interests.\n(sec.18-ssec.1) A property agent must not accept an appointment to act, or continue to act, as a property agent for a client if doing so will place the agent’s duty or interests in conflict with the client’s interests.\n(sec.18-ssec.2) A real estate salesperson must not act, or continue to act, as a real estate salesperson for a client if doing so will place the salesperson’s duty or interests in conflict with the client’s interests.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Finding out or verifying property ownership and description","content":"### sec.19 Finding out or verifying property ownership and description\n\nBefore auctioning property, an auctioneer appointed to sell the property must take reasonable steps to find out or verify the ownership of the property and property description.\nBefore listing property for sale, lease or exchange, a real estate agent or real estate salesperson must take reasonable steps to find out or verify the ownership of the property and property description.\n(sec.19-ssec.1) Before auctioning property, an auctioneer appointed to sell the property must take reasonable steps to find out or verify the ownership of the property and property description.\n(sec.19-ssec.2) Before listing property for sale, lease or exchange, a real estate agent or real estate salesperson must take reasonable steps to find out or verify the ownership of the property and property description.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Finding out or verifying facts material to the sale of property","content":"### sec.20 Finding out or verifying facts material to the sale of property\n\nAn auctioneer appointed to sell property must take reasonable steps to find out or verify the facts material to the sale that a prudent auctioneer would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\nThe steps must be taken before the auctioneer auctions the property and afterwards as the occasion arises.\nA real estate agent appointed to sell, purchase, exchange or lease property must take reasonable steps to find out or verify the facts material to the sale, purchase, exchange or lease that a prudent real estate agent would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\nThe steps mentioned in subsection (3) must be taken before the agent lists the property and afterwards as the occasion arises.\n(sec.20-ssec.1) An auctioneer appointed to sell property must take reasonable steps to find out or verify the facts material to the sale that a prudent auctioneer would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\n(sec.20-ssec.2) The steps must be taken before the auctioneer auctions the property and afterwards as the occasion arises.\n(sec.20-ssec.3) A real estate agent appointed to sell, purchase, exchange or lease property must take reasonable steps to find out or verify the facts material to the sale, purchase, exchange or lease that a prudent real estate agent would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\n(sec.20-ssec.4) The steps mentioned in subsection (3) must be taken before the agent lists the property and afterwards as the occasion arises.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Prior appointment of another property agent","content":"### sec.21 Prior appointment of another property agent\n\nBefore accepting an appointment to act as a property agent for a client to perform a service, the property agent (the new agent ) must take reasonable steps to find out whether the client has already appointed another property agent (an existing agent ) to act as a property agent to perform the service.\nIf the service mentioned in subsection (1) is to let lots or to collect rent for lots in a building complex, the new agent must also take reasonable steps to find out whether the client has already appointed a residential letting agent (also an existing agent ) to let lots or to collect rent for lots in the complex.\nThe new agent must not solicit or accept the appointment if—\nthe new agent knows, or should know, the appointment of an existing agent to perform the service is in force; and\nthe client may have to pay the following if the client appoints the new agent to perform the service—\na commission under each appointment;\ndamages for breach of contract under the existing agent’s appointment.\nHowever, subsection (3) does not apply if, before the client signs the new agent’s appointment, the new agent gives the client a written statement that, if the client appoints the new agent to perform the service, the client may have to pay the following—\na commission under each appointment;\ndamages for breach of contract under the existing agent’s appointment.\n(sec.21-ssec.1) Before accepting an appointment to act as a property agent for a client to perform a service, the property agent (the new agent ) must take reasonable steps to find out whether the client has already appointed another property agent (an existing agent ) to act as a property agent to perform the service.\n(sec.21-ssec.2) If the service mentioned in subsection (1) is to let lots or to collect rent for lots in a building complex, the new agent must also take reasonable steps to find out whether the client has already appointed a residential letting agent (also an existing agent ) to let lots or to collect rent for lots in the complex.\n(sec.21-ssec.3) The new agent must not solicit or accept the appointment if— the new agent knows, or should know, the appointment of an existing agent to perform the service is in force; and the client may have to pay the following if the client appoints the new agent to perform the service— a commission under each appointment; damages for breach of contract under the existing agent’s appointment.\n(sec.21-ssec.4) However, subsection (3) does not apply if, before the client signs the new agent’s appointment, the new agent gives the client a written statement that, if the client appoints the new agent to perform the service, the client may have to pay the following— a commission under each appointment; damages for breach of contract under the existing agent’s appointment.\n- (a) the new agent knows, or should know, the appointment of an existing agent to perform the service is in force; and\n- (b) the client may have to pay the following if the client appoints the new agent to perform the service— (i) a commission under each appointment; (ii) damages for breach of contract under the existing agent’s appointment.\n- (i) a commission under each appointment;\n- (ii) damages for breach of contract under the existing agent’s appointment.\n- (i) a commission under each appointment;\n- (ii) damages for breach of contract under the existing agent’s appointment.\n- (a) a commission under each appointment;\n- (b) damages for breach of contract under the existing agent’s appointment.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Property agent to act in accordance with client’s instructions","content":"### sec.22 Property agent to act in accordance with client’s instructions\n\nA property agent must act in accordance with a client’s instructions unless it is contrary to this division or otherwise unlawful to do so.\nA property agent must not market, or advertise for sale, purchase, exchange or lease, property at a price, or on terms, different from the terms authorised by the client.\nA real estate agent must not offer to sell, purchase, exchange or lease on behalf of a client a property on terms different from the terms authorised by the client.\nHowever, the price at which a property agent offers to sell or buy property must be in accordance with the client’s written instructions.\n(sec.22-ssec.1) A property agent must act in accordance with a client’s instructions unless it is contrary to this division or otherwise unlawful to do so. A property agent must not market, or advertise for sale, purchase, exchange or lease, property at a price, or on terms, different from the terms authorised by the client. A real estate agent must not offer to sell, purchase, exchange or lease on behalf of a client a property on terms different from the terms authorised by the client.\n(sec.22-ssec.2) However, the price at which a property agent offers to sell or buy property must be in accordance with the client’s written instructions.\n- 1 A property agent must not market, or advertise for sale, purchase, exchange or lease, property at a price, or on terms, different from the terms authorised by the client.\n- 2 A real estate agent must not offer to sell, purchase, exchange or lease on behalf of a client a property on terms different from the terms authorised by the client.","sortOrder":28},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Auctioneers—conducting auctions","content":"## Auctioneers—conducting auctions","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Registration of bidders and related obligations for auction","content":"### sec.23 Registration of bidders and related obligations for auction\n\nFor each auction an auctioneer conducts at the same place on the same day, the auctioneer must keep a register of each bidder (a registered bidder ) registered under this section to bid at the auction.\nThe auctioneer must—\ninform persons considering bidding in the auction that only bids from registered bidders will be accepted; and\nbefore accepting a bid—ensure the bidder is a registered bidder.\nHowever, if a bidder has previously been registered by the auctioneer for the sale of property, the bidder’s previous registration may be applied to 1 or more subsequent auctions conducted by the auctioneer.\nThe auctioneer may register a person as a bidder only if the person—\ngives the auctioneer the person’s name and address; and\nproduces satisfactory evidence of the person’s identity to the auctioneer; and\na driver licence with the person’s photo on it\ngives the auctioneer the name and address of any other person for whom bids are intended to be made on instructions given by the other person by telephone.\nThe auctioneer must, if satisfied of the person’s identity—\nassign a unique bidder identifier to the person; and\nrecord the person’s name and address, and the unique bidder identifier assigned by the auctioneer to the person, in the register.\nIf the auction is for the sale of property or goods other than livestock, the auctioneer must ensure—\nthe unique bidder identifier assigned to the person can be easily used by the person to bid during the auction; and\nThe auctioneer may give the person a card or other thing with the person’s unique bidder identifier clearly shown on it.\nthe unique bidder identifier can be easily identified by the auctioneer when the person uses it to make a bid during the auction.\nThe auctioneer must keep the register for at least 5 years after the day of the last entry made in it.\n(sec.23-ssec.1) For each auction an auctioneer conducts at the same place on the same day, the auctioneer must keep a register of each bidder (a registered bidder ) registered under this section to bid at the auction.\n(sec.23-ssec.2) The auctioneer must— inform persons considering bidding in the auction that only bids from registered bidders will be accepted; and before accepting a bid—ensure the bidder is a registered bidder.\n(sec.23-ssec.3) However, if a bidder has previously been registered by the auctioneer for the sale of property, the bidder’s previous registration may be applied to 1 or more subsequent auctions conducted by the auctioneer.\n(sec.23-ssec.4) The auctioneer may register a person as a bidder only if the person— gives the auctioneer the person’s name and address; and produces satisfactory evidence of the person’s identity to the auctioneer; and a driver licence with the person’s photo on it gives the auctioneer the name and address of any other person for whom bids are intended to be made on instructions given by the other person by telephone.\n(sec.23-ssec.5) The auctioneer must, if satisfied of the person’s identity— assign a unique bidder identifier to the person; and record the person’s name and address, and the unique bidder identifier assigned by the auctioneer to the person, in the register.\n(sec.23-ssec.6) If the auction is for the sale of property or goods other than livestock, the auctioneer must ensure— the unique bidder identifier assigned to the person can be easily used by the person to bid during the auction; and The auctioneer may give the person a card or other thing with the person’s unique bidder identifier clearly shown on it. the unique bidder identifier can be easily identified by the auctioneer when the person uses it to make a bid during the auction.\n(sec.23-ssec.7) The auctioneer must keep the register for at least 5 years after the day of the last entry made in it.\n- (a) inform persons considering bidding in the auction that only bids from registered bidders will be accepted; and\n- (b) before accepting a bid—ensure the bidder is a registered bidder.\n- (a) gives the auctioneer the person’s name and address; and\n- (b) produces satisfactory evidence of the person’s identity to the auctioneer; and Example for paragraph (b) — a driver licence with the person’s photo on it\n- (c) gives the auctioneer the name and address of any other person for whom bids are intended to be made on instructions given by the other person by telephone.\n- (a) assign a unique bidder identifier to the person; and\n- (b) record the person’s name and address, and the unique bidder identifier assigned by the auctioneer to the person, in the register.\n- (a) the unique bidder identifier assigned to the person can be easily used by the person to bid during the auction; and Example for paragraph (a) — The auctioneer may give the person a card or other thing with the person’s unique bidder identifier clearly shown on it.\n- (b) the unique bidder identifier can be easily identified by the auctioneer when the person uses it to make a bid during the auction.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Bids by seller","content":"### sec.24 Bids by seller\n\nThis section applies in relation to a seller of property offered for sale by auction.\nIf the seller or seller’s agent bids for the property when it is offered for sale, the auctioneer must disclose to the other bidders that the bid is made by the seller or seller’s agent.\nIf the seller sets a reserve price for the property, the auctioneer must not accept a bid from the seller or seller’s agent that is higher than the reserve price.\n(sec.24-ssec.1) This section applies in relation to a seller of property offered for sale by auction.\n(sec.24-ssec.2) If the seller or seller’s agent bids for the property when it is offered for sale, the auctioneer must disclose to the other bidders that the bid is made by the seller or seller’s agent.\n(sec.24-ssec.3) If the seller sets a reserve price for the property, the auctioneer must not accept a bid from the seller or seller’s agent that is higher than the reserve price.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Disclosure of bidder identity","content":"### sec.25 Disclosure of bidder identity\n\nAn auctioneer must not disclose the identity of a bidder registered by the auctioneer under section 23 to anyone other than an inspector or a court.\nHowever, the auctioneer may disclose a bidder’s identity to the seller of the property offered for sale, or the seller’s agent, if the disclosure is necessary to—\nenable the seller or seller’s agent to negotiate with the bidder after the property has been passed in; or\notherwise facilitate the sale of the property.\n(sec.25-ssec.1) An auctioneer must not disclose the identity of a bidder registered by the auctioneer under section 23 to anyone other than an inspector or a court.\n(sec.25-ssec.2) However, the auctioneer may disclose a bidder’s identity to the seller of the property offered for sale, or the seller’s agent, if the disclosure is necessary to— enable the seller or seller’s agent to negotiate with the bidder after the property has been passed in; or otherwise facilitate the sale of the property.\n- (a) enable the seller or seller’s agent to negotiate with the bidder after the property has been passed in; or\n- (b) otherwise facilitate the sale of the property.","sortOrder":32},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Resident letting agents","content":"## Resident letting agents","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Conflict of duty or interest","content":"### sec.26 Conflict of duty or interest\n\nA resident letting agent must not accept an appointment to act, or act, as a resident letting agent for a client if doing so will place the resident letting agent’s duty or interests in conflict with the client’s interests.\nthe agent lets lots in a building complex for a client and the agent owns or has an interest in lots in the complex that the agent also lets\nHowever, subsection (1) does not apply if the resident letting agent discloses the conflict to the client in writing before accepting the appointment or acting.\n(sec.26-ssec.1) A resident letting agent must not accept an appointment to act, or act, as a resident letting agent for a client if doing so will place the resident letting agent’s duty or interests in conflict with the client’s interests. the agent lets lots in a building complex for a client and the agent owns or has an interest in lots in the complex that the agent also lets\n(sec.26-ssec.2) However, subsection (1) does not apply if the resident letting agent discloses the conflict to the client in writing before accepting the appointment or acting.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Prior appointment of another agent","content":"### sec.27 Prior appointment of another agent\n\nBefore accepting an appointment to let lots or to collect rents for lots in a building complex for a client, a resident letting agent (the new agent ) must take reasonable steps to find out whether the client has already appointed another resident letting agent (an existing agent ) or a real estate agent (also an existing agent ) to let lots or to collect rents for lots in the complex.\nThe new agent must not solicit or accept the appointment if—\nthe new agent knows, or should know, that the appointment of an existing agent to let lots or to collect rents for lots in the building complex is in force; and\nthe client may have to pay the following—\na commission under each appointment;\ndamages for breach of contract under the existing agent’s appointment.\nHowever, subsection (2) does not apply if, before the client signs the new agent’s appointment, the new agent gives the client a written statement that, if the client appoints the new agent, the client may have to pay the following—\na commission under each appointment;\ndamages for breach of contract under the existing agent’s appointment.\n(sec.27-ssec.1) Before accepting an appointment to let lots or to collect rents for lots in a building complex for a client, a resident letting agent (the new agent ) must take reasonable steps to find out whether the client has already appointed another resident letting agent (an existing agent ) or a real estate agent (also an existing agent ) to let lots or to collect rents for lots in the complex.\n(sec.27-ssec.2) The new agent must not solicit or accept the appointment if— the new agent knows, or should know, that the appointment of an existing agent to let lots or to collect rents for lots in the building complex is in force; and the client may have to pay the following— a commission under each appointment; damages for breach of contract under the existing agent’s appointment.\n(sec.27-ssec.3) However, subsection (2) does not apply if, before the client signs the new agent’s appointment, the new agent gives the client a written statement that, if the client appoints the new agent, the client may have to pay the following— a commission under each appointment; damages for breach of contract under the existing agent’s appointment.\n- (a) the new agent knows, or should know, that the appointment of an existing agent to let lots or to collect rents for lots in the building complex is in force; and\n- (b) the client may have to pay the following— (i) a commission under each appointment; (ii) damages for breach of contract under the existing agent’s appointment.\n- (i) a commission under each appointment;\n- (ii) damages for breach of contract under the existing agent’s appointment.\n- (i) a commission under each appointment;\n- (ii) damages for breach of contract under the existing agent’s appointment.\n- (a) a commission under each appointment;\n- (b) damages for breach of contract under the existing agent’s appointment.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Finding out or verifying property ownership and description","content":"### sec.28 Finding out or verifying property ownership and description\n\nBefore a resident letting agent lets lots or collects rents for lots in a building complex, the agent must take reasonable steps to find out or verify the lot’s ownership and property description.","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Finding out or verifying facts material to letting lots or collecting rents","content":"### sec.29 Finding out or verifying facts material to letting lots or collecting rents\n\nA resident letting agent appointed to let lots or to collect rents for lots in a building complex must take reasonable steps to find out or verify the facts material to letting the lots or collecting the rents that a prudent resident letting agent would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\nThe steps must be taken before the resident letting agent lets the lots or collects the rents and afterwards as the occasion arises.\n(sec.29-ssec.1) A resident letting agent appointed to let lots or to collect rents for lots in a building complex must take reasonable steps to find out or verify the facts material to letting the lots or collecting the rents that a prudent resident letting agent would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\n(sec.29-ssec.2) The steps must be taken before the resident letting agent lets the lots or collects the rents and afterwards as the occasion arises.","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Resident letting agent to act in accordance with client’s instructions","content":"### sec.30 Resident letting agent to act in accordance with client’s instructions\n\nA resident letting agent must act in accordance with a client’s instructions unless it is contrary to this division or otherwise unlawful to do so.\nA resident letting agent must not market or advertise or offer to let lots in a building complex at a price or on terms different from the price or terms authorised by the client.","sortOrder":38},{"sectionNumber":"pt.6","sectionType":"part","heading":"Issuing or renewing licence for shorter term","content":"# Issuing or renewing licence for shorter term","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Shorter term for additional licence— Act , s 80 (2)","content":"### sec.31 Shorter term for additional licence— Act , s 80 (2)\n\nSubsection (2) applies if—\na person applies for 1 or more licences under the Act or an Agents Act; and\nthe application has not been decided when the person applies for 1 or more additional licences under the Act ; and\nan application mentioned in paragraph (a) or (b) is decided before the other applications are decided.\nThe chief executive may issue a licence for an application under the Act mentioned in subsection (1) for a shortened term, so that each licence mentioned in that subsection expires at the same time.\nSubsection (4) applies if—\na person holds a licence under the Act or an Agents Act; and\nthe person applies for 1 or more additional licences under the Act (the second licence ).\nThe chief executive may issue the second licence for a shortened term, so that each licence mentioned in subsection (3) expires at the same time.\n(sec.31-ssec.1) Subsection (2) applies if— a person applies for 1 or more licences under the Act or an Agents Act; and the application has not been decided when the person applies for 1 or more additional licences under the Act ; and an application mentioned in paragraph (a) or (b) is decided before the other applications are decided.\n(sec.31-ssec.2) The chief executive may issue a licence for an application under the Act mentioned in subsection (1) for a shortened term, so that each licence mentioned in that subsection expires at the same time.\n(sec.31-ssec.3) Subsection (4) applies if— a person holds a licence under the Act or an Agents Act; and the person applies for 1 or more additional licences under the Act (the second licence ).\n(sec.31-ssec.4) The chief executive may issue the second licence for a shortened term, so that each licence mentioned in subsection (3) expires at the same time.\n- (a) a person applies for 1 or more licences under the Act or an Agents Act; and\n- (b) the application has not been decided when the person applies for 1 or more additional licences under the Act ; and\n- (c) an application mentioned in paragraph (a) or (b) is decided before the other applications are decided.\n- (a) a person holds a licence under the Act or an Agents Act; and\n- (b) the person applies for 1 or more additional licences under the Act (the second licence ).","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Shorter term for renewal of licence— Act , s 80 (2)","content":"### sec.32 Shorter term for renewal of licence— Act , s 80 (2)\n\nThis section applies if—\na person holds a licence under the Act or an Agents Act; and\nthe person applies for renewal of 1 or more additional licences under the Act .\nThe chief executive may renew a licence mentioned in subsection (1) (b) for a shortened term, so that each licence mentioned in subsection (1) expires at the same time.\n(sec.32-ssec.1) This section applies if— a person holds a licence under the Act or an Agents Act; and the person applies for renewal of 1 or more additional licences under the Act .\n(sec.32-ssec.2) The chief executive may renew a licence mentioned in subsection (1) (b) for a shortened term, so that each licence mentioned in subsection (1) expires at the same time.\n- (a) a person holds a licence under the Act or an Agents Act; and\n- (b) the person applies for renewal of 1 or more additional licences under the Act .","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Shorter term if holder of another licence carries on business with applicant— Act , s 80 (2)","content":"### sec.33 Shorter term if holder of another licence carries on business with applicant— Act , s 80 (2)\n\nSubsection (2) applies if—\na person applies for—\n1 or more licences; or\nthe renewal of 1 or more licences; and\nanother person who carries on business with the applicant holds a licence under the Act or an Agents Act.\nThe chief executive may issue or renew a licence mentioned in subsection (1) (a) for a shortened term, so that each licence mentioned in subsection (1) expires at the same time.\n(sec.33-ssec.1) Subsection (2) applies if— a person applies for— 1 or more licences; or the renewal of 1 or more licences; and another person who carries on business with the applicant holds a licence under the Act or an Agents Act.\n(sec.33-ssec.2) The chief executive may issue or renew a licence mentioned in subsection (1) (a) for a shortened term, so that each licence mentioned in subsection (1) expires at the same time.\n- (a) a person applies for— (i) 1 or more licences; or (ii) the renewal of 1 or more licences; and\n- (i) 1 or more licences; or\n- (ii) the renewal of 1 or more licences; and\n- (b) another person who carries on business with the applicant holds a licence under the Act or an Agents Act.\n- (i) 1 or more licences; or\n- (ii) the renewal of 1 or more licences; and","sortOrder":42},{"sectionNumber":"pt.7","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":43},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Fees payable","content":"## Fees payable","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Fees","content":"### sec.34 Fees\n\nSubject to division 2 , the fees payable under the Act are prescribed in schedule 1 .","sortOrder":45},{"sectionNumber":"sec.34A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.34A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or\nif the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 34A ins 2022 SL No. 79 s 127\n(sec.34A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.34A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (c) if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or\n- (d) if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).","sortOrder":46},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Licences","content":"## Licences","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Fee discount for multiple applications under the Act or an Agents Act","content":"### sec.35 Fee discount for multiple applications under the Act or an Agents Act\n\nThis section applies if—\na person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or\na person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.\nIf—\nthe licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and\n1 of the applications is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ;\nthe licence issue fee for each of the other licences is nil.\nIf the licence issue fee payable for each licence mentioned in subsection (1) is the same and 1 of the applications is accompanied by the licence issue fee, the licence issue fee for each of the other applications is nil.\nIf the applicant is a corporation, and 1 of the licence applications mentioned in subsection (1) is accompanied by an application fee, the application fee for each other application is nil.\nIn this section—\napplication fee includes an application fee for a licence under an Agents Act.\nlicence issue fee includes a licence issue fee for a licence under an Agents Act.\ns 35 amd 2022 SL No. 79 s 128\n(sec.35-ssec.1) This section applies if— a person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or a person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.\n(sec.35-ssec.2) If— the licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and 1 of the applications is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ; the licence issue fee for each of the other licences is nil.\n(sec.35-ssec.3) If the licence issue fee payable for each licence mentioned in subsection (1) is the same and 1 of the applications is accompanied by the licence issue fee, the licence issue fee for each of the other applications is nil.\n(sec.35-ssec.4) If the applicant is a corporation, and 1 of the licence applications mentioned in subsection (1) is accompanied by an application fee, the application fee for each other application is nil.\n(sec.35-ssec.5) In this section— application fee includes an application fee for a licence under an Agents Act. licence issue fee includes a licence issue fee for a licence under an Agents Act.\n- (a) a person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or\n- (b) a person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.\n- (a) the licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and\n- (b) 1 of the applications is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ;","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":"Fee discount for applicant holding 1 or more licences under the Act or an Agents Act","content":"### sec.36 Fee discount for applicant holding 1 or more licences under the Act or an Agents Act\n\nThis section applies if—\na person holds 1 or more licences under the Act or an Agents Act; and\nthe person applies for 1 or more additional licences under the Act .\nThe licence issue fee for each licence mentioned in subsection (1) (b) is nil.\nIf the applicant is a corporation, the application fee for each application is nil.\ns 36 amd 2022 SL No. 79 s 128\n(sec.36-ssec.1) This section applies if— a person holds 1 or more licences under the Act or an Agents Act; and the person applies for 1 or more additional licences under the Act .\n(sec.36-ssec.2) The licence issue fee for each licence mentioned in subsection (1) (b) is nil.\n(sec.36-ssec.3) If the applicant is a corporation, the application fee for each application is nil.\n- (a) a person holds 1 or more licences under the Act or an Agents Act; and\n- (b) the person applies for 1 or more additional licences under the Act .","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":"Fee discount for renewal of 1 or more licences under the Act or an Agents Act","content":"### sec.37 Fee discount for renewal of 1 or more licences under the Act or an Agents Act\n\nThis section applies if—\na person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and\nthe person applies for renewal of 1 or more of the licences.\nIf—\nthe licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and\n1 of the applications is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection;\nthe licence renewal fee for each of the other licences is nil.\nIf the licence renewal fee payable for renewal of each licence mentioned in subsection (1) is the same and 1 of the renewal applications is accompanied by the licence renewal fee, the licence renewal fee for each of the other licences is nil.\nIn this section—\nlicence renewal fee includes a licence renewal fee for a licence under an Agents Act.\ns 37 amd 2022 SL No. 79 s 128\n(sec.37-ssec.1) This section applies if— a person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and the person applies for renewal of 1 or more of the licences.\n(sec.37-ssec.2) If— the licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and 1 of the applications is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection; the licence renewal fee for each of the other licences is nil.\n(sec.37-ssec.3) If the licence renewal fee payable for renewal of each licence mentioned in subsection (1) is the same and 1 of the renewal applications is accompanied by the licence renewal fee, the licence renewal fee for each of the other licences is nil.\n(sec.37-ssec.4) In this section— licence renewal fee includes a licence renewal fee for a licence under an Agents Act.\n- (a) a person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and\n- (b) the person applies for renewal of 1 or more of the licences.\n- (a) the licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and\n- (b) 1 of the applications is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection;","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Fee discount to hold auctioneer licence and chattel auctioneer licence","content":"### sec.38 Fee discount to hold auctioneer licence and chattel auctioneer licence\n\nThis section applies if—\na person applies for an auctioneer licence; and\neither—\nthe person holds a chattel auctioneer licence; or\nthe person’s application for a chattel auctioneer licence has not been decided when the person applies for the auctioneer licence.\nThe application fee and licence issue fee for the auctioneer licence application is nil.\nIn this section—\nchattel auctioneer licence means a chattel auctioneer licence issued under the Motor Dealers and Chattel Auctioneers Act 2014 .\ns 38 amd 2022 SL No. 79 s 128\n(sec.38-ssec.1) This section applies if— a person applies for an auctioneer licence; and either— the person holds a chattel auctioneer licence; or the person’s application for a chattel auctioneer licence has not been decided when the person applies for the auctioneer licence.\n(sec.38-ssec.2) The application fee and licence issue fee for the auctioneer licence application is nil.\n(sec.38-ssec.3) In this section— chattel auctioneer licence means a chattel auctioneer licence issued under the Motor Dealers and Chattel Auctioneers Act 2014 .\n- (a) a person applies for an auctioneer licence; and\n- (b) either— (i) the person holds a chattel auctioneer licence; or (ii) the person’s application for a chattel auctioneer licence has not been decided when the person applies for the auctioneer licence.\n- (i) the person holds a chattel auctioneer licence; or\n- (ii) the person’s application for a chattel auctioneer licence has not been decided when the person applies for the auctioneer licence.\n- (i) the person holds a chattel auctioneer licence; or\n- (ii) the person’s application for a chattel auctioneer licence has not been decided when the person applies for the auctioneer licence.","sortOrder":51},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Refunds for licensees","content":"## Refunds for licensees","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Withdrawn or refused licence application","content":"### sec.39 Withdrawn or refused licence application\n\nThe licence issue fee paid in relation to an application for a licence must be refunded if—\nthe application is withdrawn; or\nthe chief executive refuses to issue the licence in relation to the application.\n- (a) the application is withdrawn; or\n- (b) the chief executive refuses to issue the licence in relation to the application.","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Surrendered licence","content":"### sec.40 Surrendered licence\n\nThis section applies if—\nthe term of a licence is more than 1 year; and\nthe licence is surrendered before the term expires.\nHowever, this section does not apply if the person surrendering the licence—\ncontinues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and\nreceived a discount under division 2 in relation to any of the licences.\nFor each whole year the surrendered licence is unexpired, an amount must be refunded that is equal to the licence renewal fee for 1 year that was payable by the person who held the licence when the fees for the licence were paid.\n(sec.40-ssec.1) This section applies if— the term of a licence is more than 1 year; and the licence is surrendered before the term expires.\n(sec.40-ssec.2) However, this section does not apply if the person surrendering the licence— continues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and received a discount under division 2 in relation to any of the licences.\n(sec.40-ssec.3) For each whole year the surrendered licence is unexpired, an amount must be refunded that is equal to the licence renewal fee for 1 year that was payable by the person who held the licence when the fees for the licence were paid.\n- (a) the term of a licence is more than 1 year; and\n- (b) the licence is surrendered before the term expires.\n- (a) continues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and\n- (b) received a discount under division 2 in relation to any of the licences.","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Shortened licence term","content":"### sec.41 Shortened licence term\n\nThis section applies if the chief executive issues or renews a licence for a shorter term under part 6 .\nFor each whole month the term of the licence is shortened, an amount must be refunded that is equal to one-twelfth of the licence renewal fee for the licence for 1 year that was payable when the fees for the licence were paid.\nIn this section—\nwhole month means a month beginning on the day of the calendar month on which a licence was issued or renewed and ending on the day before the corresponding day of the next calendar month.\nfor a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month\nfor a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month\n(sec.41-ssec.1) This section applies if the chief executive issues or renews a licence for a shorter term under part 6 .\n(sec.41-ssec.2) For each whole month the term of the licence is shortened, an amount must be refunded that is equal to one-twelfth of the licence renewal fee for the licence for 1 year that was payable when the fees for the licence were paid.\n(sec.41-ssec.3) In this section— whole month means a month beginning on the day of the calendar month on which a licence was issued or renewed and ending on the day before the corresponding day of the next calendar month. for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month\n- • for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month\n- • for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month","sortOrder":55},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Refunds for real estate salespersons","content":"## Refunds for real estate salespersons","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Withdrawn or refused application for registration as real estate salesperson","content":"### sec.42 Withdrawn or refused application for registration as real estate salesperson\n\nThe registration issue fee paid in relation to an application for registration as a real estate salesperson must be refunded if—\nthe application is withdrawn; or\nthe chief executive refuses to issue a registration certificate in relation to the application.\n- (a) the application is withdrawn; or\n- (b) the chief executive refuses to issue a registration certificate in relation to the application.","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Surrendered registration certificate","content":"### sec.43 Surrendered registration certificate\n\nThis section applies if—\nthe term of registration as a real estate salesperson is 3 years; and\nthe registration certificate for the registration is surrendered before the term expires.\nFor each whole year the registration is unexpired, an amount must be refunded that is equal to the registration certificate renewal fee for 1 year that was payable when the fees for the term of registration were paid.\n(sec.43-ssec.1) This section applies if— the term of registration as a real estate salesperson is 3 years; and the registration certificate for the registration is surrendered before the term expires.\n(sec.43-ssec.2) For each whole year the registration is unexpired, an amount must be refunded that is equal to the registration certificate renewal fee for 1 year that was payable when the fees for the term of registration were paid.\n- (a) the term of registration as a real estate salesperson is 3 years; and\n- (b) the registration certificate for the registration is surrendered before the term expires.","sortOrder":58},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Fees that are not refundable","content":"## Fees that are not refundable","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":"No refund payable in particular circumstances","content":"### sec.44 No refund payable in particular circumstances\n\nTo remove any doubt, it is declared that—\nno refund is payable for an application fee for—\na licence; or\nrenewal of a licence; or\nrestoration of a licence; or\nregistration as a real estate salesperson; or\nrenewal of a registration certificate; or\nrestoration of a registration certificate; and\nno refund is payable for—\na licence restoration fee; or\na registration restoration fee; or\nthe unexpired term of a deactivated licence; or\nthe period a licence or registration certificate—\nis suspended; or\nwould have been in force apart from its cancellation.\n- (a) no refund is payable for an application fee for— (i) a licence; or (ii) renewal of a licence; or (iii) restoration of a licence; or (iv) registration as a real estate salesperson; or (v) renewal of a registration certificate; or (vi) restoration of a registration certificate; and\n- (i) a licence; or\n- (ii) renewal of a licence; or\n- (iii) restoration of a licence; or\n- (iv) registration as a real estate salesperson; or\n- (v) renewal of a registration certificate; or\n- (vi) restoration of a registration certificate; and\n- (b) no refund is payable for— (i) a licence restoration fee; or (ii) a registration restoration fee; or (iii) the unexpired term of a deactivated licence; or (iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.\n- (i) a licence restoration fee; or\n- (ii) a registration restoration fee; or\n- (iii) the unexpired term of a deactivated licence; or\n- (iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.\n- (A) is suspended; or\n- (B) would have been in force apart from its cancellation.\n- (i) a licence; or\n- (ii) renewal of a licence; or\n- (iii) restoration of a licence; or\n- (iv) registration as a real estate salesperson; or\n- (v) renewal of a registration certificate; or\n- (vi) restoration of a registration certificate; and\n- (i) a licence restoration fee; or\n- (ii) a registration restoration fee; or\n- (iii) the unexpired term of a deactivated licence; or\n- (iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.\n- (A) is suspended; or\n- (B) would have been in force apart from its cancellation.\n- (A) is suspended; or\n- (B) would have been in force apart from its cancellation.","sortOrder":60},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Refund for property developer licence issued under PAMDA","content":"### sec.45 Refund for property developer licence issued under PAMDA\n\nThis section applies to a person who immediately before the commencement of this section, held a property developer licence under PAMDA.\nHowever, this section does not apply if—\nthe person, on the commencement, continues to hold a licence under the Act or an Agents Act; and\nthe person received a fee concession, in relation to 1 or more of the licences, under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 ; and\nthe concession resulted in no licence issue fee being payable for each of the licences.\nThe chief executive must refund to the person the amount worked out using the formula—\nwhere—\nLF means—\nif the licence has been renewed—the licence renewal fee paid by the person when the licence was last renewed; or\nif the licence has been restored—the licence renewal fee paid by the person when the licence was last restored; or\notherwise—the licence issue fee paid by the person for the licence.\nLM means the number of months (including any part of a month) for which the licence was issued, renewed or restored.\nWM means the number of whole months, as defined in section 41(3), before the expiry date for the licence had PAMDA not been repealed.\n(sec.45-ssec.1) This section applies to a person who immediately before the commencement of this section, held a property developer licence under PAMDA.\n(sec.45-ssec.2) However, this section does not apply if— the person, on the commencement, continues to hold a licence under the Act or an Agents Act; and the person received a fee concession, in relation to 1 or more of the licences, under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 ; and the concession resulted in no licence issue fee being payable for each of the licences.\n(sec.45-ssec.3) The chief executive must refund to the person the amount worked out using the formula— where— LF means— if the licence has been renewed—the licence renewal fee paid by the person when the licence was last renewed; or if the licence has been restored—the licence renewal fee paid by the person when the licence was last restored; or otherwise—the licence issue fee paid by the person for the licence. LM means the number of months (including any part of a month) for which the licence was issued, renewed or restored. WM means the number of whole months, as defined in section 41(3), before the expiry date for the licence had PAMDA not been repealed.\n- (a) the person, on the commencement, continues to hold a licence under the Act or an Agents Act; and\n- (b) the person received a fee concession, in relation to 1 or more of the licences, under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 ; and\n- (c) the concession resulted in no licence issue fee being payable for each of the licences.\n- (a) if the licence has been renewed—the licence renewal fee paid by the person when the licence was last renewed; or\n- (b) if the licence has been restored—the licence renewal fee paid by the person when the licence was last restored; or\n- (c) otherwise—the licence issue fee paid by the person for the licence.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Refund for surrender of registration certificate as a property developer salesperson","content":"### sec.46 Refund for surrender of registration certificate as a property developer salesperson\n\nThis section applies to a person who—\nimmediately before the commencement of this section held a registration certificate as a property developer salesperson under PAMDA; and\nsurrenders the certificate.\nThe chief executive must refund to the person the amount worked out using the formula—\nwhere—\nRF means—\nif the registration certificate was renewed—the registration certificate renewal fee paid by the person when the registration certificate was last renewed; or\nif the registration certificate was restored—the registration renewal fee paid by the person when the registration certificate was last restored; or\notherwise—the registration issue fee paid by the person for the registration certificate.\nRM means the number of months (including any part of a month) for which the registration certificate was issued, renewed or restored.\nWM means the number of whole months, as defined in section 41(3), before the expiry date for the registration certificate had PAMDA not been repealed.\n(sec.46-ssec.1) This section applies to a person who— immediately before the commencement of this section held a registration certificate as a property developer salesperson under PAMDA; and surrenders the certificate.\n(sec.46-ssec.2) The chief executive must refund to the person the amount worked out using the formula— where— RF means— if the registration certificate was renewed—the registration certificate renewal fee paid by the person when the registration certificate was last renewed; or if the registration certificate was restored—the registration renewal fee paid by the person when the registration certificate was last restored; or otherwise—the registration issue fee paid by the person for the registration certificate. RM means the number of months (including any part of a month) for which the registration certificate was issued, renewed or restored. WM means the number of whole months, as defined in section 41(3), before the expiry date for the registration certificate had PAMDA not been repealed.\n- (a) immediately before the commencement of this section held a registration certificate as a property developer salesperson under PAMDA; and\n- (b) surrenders the certificate.\n- (a) if the registration certificate was renewed—the registration certificate renewal fee paid by the person when the registration certificate was last renewed; or\n- (b) if the registration certificate was restored—the registration renewal fee paid by the person when the registration certificate was last restored; or\n- (c) otherwise—the registration issue fee paid by the person for the registration certificate.","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"No refund for surrender of transitioned licence if multiple licences held under Act or Agents Act","content":"### sec.47 No refund for surrender of transitioned licence if multiple licences held under Act or Agents Act\n\nThis section applies to a person if—\nunder section 239 of the Act , the person is taken to be the holder of a transitioned licence that is a licence under the Act ; and\nthe person surrenders the licence; and\nthe person continues to hold, at the time of the surrender, another licence under the Act or an Agents Act; and\nthe person received a fee concession in relation to 1 or more of the licences under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 ; and\nthe concession resulted in no licence issue fee being payable for each of the licences.\nNo refund is payable under section 40 to the person for the surrender.\nIn this section—\ntransitioned licence see schedule 3 of the Act .\n(sec.47-ssec.1) This section applies to a person if— under section 239 of the Act , the person is taken to be the holder of a transitioned licence that is a licence under the Act ; and the person surrenders the licence; and the person continues to hold, at the time of the surrender, another licence under the Act or an Agents Act; and the person received a fee concession in relation to 1 or more of the licences under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 ; and the concession resulted in no licence issue fee being payable for each of the licences.\n(sec.47-ssec.2) No refund is payable under section 40 to the person for the surrender.\n(sec.47-ssec.3) In this section— transitioned licence see schedule 3 of the Act .\n- (a) under section 239 of the Act , the person is taken to be the holder of a transitioned licence that is a licence under the Act ; and\n- (b) the person surrenders the licence; and\n- (c) the person continues to hold, at the time of the surrender, another licence under the Act or an Agents Act; and\n- (d) the person received a fee concession in relation to 1 or more of the licences under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 ; and\n- (e) the concession resulted in no licence issue fee being payable for each of the licences.","sortOrder":64},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Fees relating to licences","content":"# Fees relating to licences","sortOrder":65},{"sectionNumber":"sch.1-pt.1-div.1","sectionType":"division","heading":"Issue of licence","content":"## Issue of licence","sortOrder":66},{"sectionNumber":"sch.1-pt.1-div.2","sectionType":"division","heading":"Renewal of licence","content":"## Renewal of licence","sortOrder":67},{"sectionNumber":"sch.1-pt.1-div.3","sectionType":"division","heading":"Restoration of licence","content":"## Restoration of licence","sortOrder":68},{"sectionNumber":"sch.1-pt.1-div.4","sectionType":"division","heading":"Other acts relating to licence","content":"## Other acts relating to licence","sortOrder":69},{"sectionNumber":"sch.1-pt.1-div.5","sectionType":"division","heading":"Licence register","content":"## Licence register","sortOrder":70},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Fees relating to registration as real estate salesperson","content":"# Fees relating to registration as real estate salesperson","sortOrder":71},{"sectionNumber":"sch.1-pt.2-div.1","sectionType":"division","heading":"Application for registration","content":"## Application for registration","sortOrder":72},{"sectionNumber":"sch.1-pt.2-div.2","sectionType":"division","heading":"Renewal of registration certificate","content":"## Renewal of registration certificate","sortOrder":73},{"sectionNumber":"sch.1-pt.2-div.3","sectionType":"division","heading":"Restoration of registration certificate","content":"## Restoration of registration certificate","sortOrder":74},{"sectionNumber":"sch.1-pt.2-div.4","sectionType":"division","heading":"Other acts relating to registration certificate","content":"## Other acts relating to registration certificate","sortOrder":75},{"sectionNumber":"sch.1-pt.2-div.5","sectionType":"division","heading":"Registration certificate register","content":"## Registration certificate register","sortOrder":76},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Fees relating to register of undertakings","content":"# Fees relating to register of undertakings","sortOrder":77}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation stays firmly within its intended scope: providing operational detail to support the Property Occupations Act 2014. It covers licensing, conduct standards, auction procedures, record-keeping, and fees — all squarely within the framework of regulating property industry professionals in Queensland. The 2022 amendment adding fee unit rounding rules is a minor administrative addition that does not expand scope."},"complexity_factors":["Regulation operates as subordinate legislation to the Property Occupations Act 2014, requiring cross-referencing to understand full effect","Multiple licence categories with different rules (affordable housing, business letting, auctioneers, resident letting agents, chattel auctioneers)","Intricate fee discount and refund provisions with multiple interdependent scenarios and conditional logic","Transitional provisions reference a now-repealed law (PAMDA) and use formulas (LF×WM/LM) that require careful mathematical interpretation","Conduct standards spread across multiple divisions, each applying to different categories of professionals","Some provisions (e.g. bidder registration, buyer's premium disclosure) apply differently depending on whether auctions are in-person or online","Record-keeping rules cover different types of auction books (contract, store, sales, livestock) with distinct obligations for each","Fee rounding rules added by later amendment (2022) add a layer of arithmetic complexity"],"plain_english_summary":"## Property Occupations Regulation 2014 — What Does It Mean For You?\n\nThis Queensland regulation sets the detailed rules for how property agents, auctioneers, and real estate salespersons must operate. It was introduced to support the *Property Occupations Act 2014*, which replaced an older law called PAMDA (Property Agents and Motor Dealers Act). Think of it as the \"how-to manual\" behind the main law.\n\n### Who does this affect?\n- **Property buyers and sellers** — particularly at auctions\n- **Tenants and landlords** in affordable housing or apartment complexes\n- **Real estate agents, auctioneers, and property managers** operating in Queensland\n- **Non-profit housing organisations** providing affordable rentals\n\n### Key things this regulation does:\n\n**1. Special licences for affordable housing**\nNon-profit organisations that are approved by the government to run affordable rental housing schemes can get a special, limited licence to let properties and collect rent — without needing a full real estate agent licence.\n\n**2. Auction rules — protecting bidders and sellers**\n- Every bidder must register before bidding (providing ID and contact details). This prevents anonymous phantom bidding.\n- Auctioneers must clearly display their name throughout an auction (or announce it if that's not practical — for example, at an outdoor livestock auction).\n- If a seller or their agent bids on their own property, the auctioneer must tell everyone else in the room.\n- A bidder's identity is kept confidential — it can only be shared with the seller if needed to close a deal.\n- If you're buying at auction, any **buyer's premium** (an extra fee on top of the winning bid price) must be disclosed in advertisements, at the venue, and online.\n\n**3. Agents must act in your interests**\n- Agents cannot have a conflict of interest — they must put clients first.\n- Before taking you on as a client, an agent must check whether you already have another agent appointed (so you don't accidentally end up paying two agents' commissions).\n- Agents must verify who actually owns a property before listing or auctioning it.\n- Agents must only market a property at the price and on the terms **you** have authorised in writing.\n\n**4. Record-keeping requirements**\n- Auctioneers must maintain detailed records (\"books\") of all auction transactions — for property, goods, and livestock — and keep them for at least 5 years.\n- Electronic records are allowed, but must be backed up monthly and stored securely off-site.\n\n**5. Licence fees and discounts**\n- If you hold multiple licences (e.g., as both a real estate agent and an auctioneer), you generally only pay the highest applicable licence fee — additional licences are free or discounted.\n- If you withdraw your licence application or it's refused, you get the issue fee refunded (but not the application fee).\n- If you surrender a multi-year licence early, you get a pro-rata refund for the unused complete years.\n\n**6. Keeping the regulator informed**\n- If your name, address, business details, or personal circumstances change (e.g., a criminal conviction), you must notify the government promptly."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.3(2)","severity":"low","reasoning":"In a small non-profit, the director and the person in charge of the business at its place of business are frequently the same person. The regulation treats them as distinct qualifying categories for distinct licence holders, but provides no mechanism to address the scenario where both categories collapse into one individual.","confidence":0.55,"description":"The licence eligibility criteria conflates individual and corporate roles. A person may be 'a director' OR 'a person in charge of the business at its place of business' — but these are not mutually exclusive, meaning the same individual could potentially hold the licence twice under two different qualifying criteria simultaneously, creating redundancy without any practical distinction in licensing outcomes."},{"type":"circular_definition","section":"sec.3(4) — definition of 'approved non-profit corporation'","severity":"medium","reasoning":"The definition of 'approved non-profit corporation' requires the entity to be already providing the licensed service (letting and collecting rents under an affordable housing rental scheme) as a condition of qualifying to hold the licence that authorises those very activities. A new entity seeking the licence cannot yet be providing that service, creating a bootstrapping impossibility for new entrants.","confidence":0.72,"description":"Circular definitional dependency: an 'approved non-profit corporation' is defined as one that 'provides a service consisting of letting and collecting rents under an affordable housing rental scheme', but the corporation can only lawfully let and collect rents under such a scheme if it holds the licence that requires it to already be an approved non-profit corporation. The corporation must be doing the thing the licence permits in order to qualify for the licence."},{"type":"other","section":"sec.9(2)","severity":"medium","reasoning":"The examples (livestock auction, large machinery auction) appear to have been merged into the operative text of s.9(2) rather than cleanly set off as examples. This creates uncertainty about whether the exception applies only to those specific situations or to any analogous situation. A livestock auction indoors might satisfy the 'exposure to elements' criterion literally but not the example given.","confidence":0.65,"description":"The exception to displaying the auctioneer's name is poorly drafted and appears to include incomplete example text embedded as operative law. The subsection lists exceptions including 'a livestock auction conducted outdoors' and 'an auction where it is necessary for the auctioneer to move from item to item' as if they are examples within the legislative text, creating ambiguity as to whether these are definitive exceptions or merely illustrative of broader principles."},{"type":"impossible_compliance","section":"sec.12(2) and sec.12(1)(b)","severity":"medium","reasoning":"Section 12(4)(e) requires a cross-reference to 'the relevant entry for the goods in the auctioneer's auction store book' for all goods sold. When the auctioneer sells their own goods, sec.12(2)(d) exempts entry of seller name/address, but the entry still exists. However, the cross-reference requirement presupposes a store book entry was made — which for auctioneer-owned goods has reduced content, raising questions about what constitutes a 'relevant' entry.","confidence":0.5,"description":"When an auctioneer sells their own goods, sec.12(2) requires entry of the 'name and address of the seller or person who delivered the goods' only for goods other than the auctioneer's own. However, sec.12(4) requires entry of all sale details within 24 hours after selling. For the auctioneer's own goods, there is no corresponding auction store book entry requirement for the seller's details, yet a cross-reference to the auction store book entry is required in the auction sales book — creating a cross-reference to a necessarily incomplete or absent entry."},{"type":"impossible_compliance","section":"sec.16(2)(c)(i)","severity":"low","reasoning":"For sole practitioners who operate from a home-based registered office, the regulation requires backups to be stored 'not at the registered office' but provides no safe harbour or alternative for those without access to a separate premises. Cloud storage is not addressed. While arguably manageable in practice, the literal text creates a structural compliance gap.","confidence":0.6,"description":"The backup storage location requirement creates a potentially impossible compliance situation for a licensee with only one place of business who works from home. The backup must not be kept at the registered office. If the registered office is the licensee's home, and the licensee has no other premises, compliance requires storing backups at a third location — imposing a cost burden with no de minimis exception or alternative compliance pathway specified."},{"type":"other","section":"sec.23(3)","severity":"low","reasoning":"Section 23(3) explicitly limits prior registration reuse to 'sale of property' contexts. This creates an arbitrary asymmetry — a person registered at a property auction can be re-registered without formality at subsequent auctions, but the same person attending a livestock auction must re-register from scratch. The identity verification purpose is served equally regardless of auction type.","confidence":0.58,"description":"The reuse of prior registrations for subsequent auctions applies only to 'sale of property' registrations, yet sec.23(1) creates a single registration system for all auctions (property, goods, livestock). The asymmetry means a prior registration for a livestock auction cannot be reused for a property auction, even if the bidder's identity is unchanged — a distinction with no apparent regulatory rationale."},{"type":"other","section":"sec.24(3)","severity":"medium","reasoning":"By prohibiting only bids *higher* than the reserve price, the regulation implicitly authorises seller bidding at or below the reserve. This permits a seller to use dummy bids to drive up the price to the reserve level, which undermines auction integrity. The disclosure requirement in s.24(2) partially mitigates this but does not resolve the substantive absurdity of permitting manipulative sub-reserve bidding.","confidence":0.7,"description":"The prohibition on the auctioneer accepting a seller's bid above the reserve price implicitly permits the seller to bid up to and including the reserve price. This means a seller can lawfully manipulate the auction by bidding to push the price up to the reserve — conduct that would ordinarily be considered sham bidding — provided it does not exceed the reserve. The provision creates a legal mechanism for a form of bid manipulation."},{"type":"other","section":"sec.40(2)","severity":"low","reasoning":"The drafting of sec.40(2) requires both conditions to be met simultaneously: still holding additional licences AND having received a discount. If the other licences have expired, the person can claim a refund on a licence whose fee was effectively nil due to discounting — potentially resulting in a refund of fees never actually paid.","confidence":0.63,"description":"The exception to refunds on surrender operates only where the person 'received a discount' AND 'continues to hold' additional licences. A person who received a discount but has since let all other licences lapse before surrendering the discounted licence falls outside the exception and can claim a refund — even though the discount rationale (holding multiple licences) no longer applies at the time of surrender. The temporal condition is on holding licences at surrender, not on whether a discount was received."},{"type":"self_contradicting","section":"sec.41(3) — definition of 'whole month'","severity":"medium","reasoning":"The definition requires the month to begin on the 'corresponding day' of each month after issue. For a 1 September issue, corresponding days would always be the 1st — which happens to coincide with calendar months. So the example is technically correct for this specific case. However, the second example (7 March) correctly shows a non-calendar-month period. The first example's coincidental alignment with calendar months is misleading but not strictly incorrect.","confidence":0.45,"description":"The definition of 'whole month' and the examples given are internally inconsistent. The definition states a whole month 'begins on the day of the calendar month on which a licence was issued' — but the first example says 'for a licence issued on 1 September — a month beginning on the first day of any month and ending on the last day of that month', which describes a calendar month, not a month measured from the issue date. The example contradicts the definition it is illustrating."},{"type":"other","section":"sec.45(2)","severity":"low","reasoning":"The policy intent appears to be to deny refunds to those who benefited from fee concessions. But the condition in sec.45(2)(c) — that the concession 'resulted in no licence issue fee being payable for each of the licences' — means partial concession recipients fall outside the exclusion and may receive refunds despite having received some benefit. This creates an inequitable outcome.","confidence":0.55,"description":"The exclusion from the PAMDA refund applies only if ALL three conditions are met conjunctively: holding a licence, having received a fee concession, AND the concession resulting in nil licence issue fee for each licence. This means a person who received a partial discount (reducing but not eliminating the fee) is not excluded from the refund — potentially creating a perverse outcome where those who paid more in fees (due to only partial discounting) receive refunds, while those who paid nothing do not."}],"contradictions":[{"severity":"low","section_a":"sec.18(1)","section_b":"sec.22(1)","confidence":0.5,"description":"Section 18(1) prohibits a property agent from acting where there is a conflict of duty or interest. Section 22(1) requires a property agent to act in accordance with the client's instructions 'unless it is contrary to this division or otherwise unlawful'. Where following client instructions would create or perpetuate a conflict of interest, the agent faces a direct contradiction: sec.18 says cease acting, sec.22 says follow instructions. The exception in sec.22(1) ('contrary to this division') partially resolves this but the interplay creates interpretive uncertainty about which obligation prevails in marginal cases."},{"severity":"medium","section_a":"sec.22(1)","section_b":"sec.22(2)","confidence":0.75,"description":"Section 22(1) states a property agent must act in accordance with a client's instructions unless contrary to the division or unlawful. Section 22(2) states that the price at which a property agent offers to sell or buy must be in accordance with the client's *written* instructions. Section 22(1) does not specify written instructions — implying oral instructions suffice for all matters. Section 22(2) then imposes a written instruction requirement specifically for price, creating an internal inconsistency about the form of instructions required for the most commercially significant element of a transaction."},{"severity":"medium","section_a":"sec.25(1)","section_b":"sec.25(2)","confidence":0.68,"description":"Section 25(1) creates an absolute prohibition on disclosing bidder identity to anyone other than an inspector or court. Section 25(2) creates an exception permitting disclosure to the seller or seller's agent for post-pass-in negotiations or to 'otherwise facilitate the sale'. The phrase 'otherwise facilitate the sale' in sec.25(2)(b) is extremely broad and could potentially encompass almost any pre-auction or mid-auction situation, effectively swallowing the absolute prohibition in sec.25(1) in any scenario where the auctioneer can characterise disclosure as facilitating the sale."},{"severity":"medium","section_a":"sec.35(2)","section_b":"sec.36(2)","confidence":0.72,"description":"Section 35 provides a fee discount for multiple simultaneous or pending applications, making the licence issue fee nil for all but the highest-fee licence. Section 36 provides that where a person already holds a licence, the licence issue fee for any additional licence is nil. These provisions overlap and interact in ways that may produce contradictory results: under sec.35, one application must be accompanied by the highest fee; under sec.36, no fee at all is required. Where a person both holds an existing licence AND makes simultaneous applications, it is unclear which provision prevails — sec.35 (pay the highest fee, nil for others) or sec.36 (nil for all additional licences)."},{"severity":"medium","section_a":"sec.39","section_b":"sec.44(a)","confidence":0.65,"description":"Section 39 mandates refund of the licence issue fee if an application is withdrawn or refused. Section 44(a) declares that no refund is payable for an application fee for a licence. If the 'licence issue fee' in sec.39 encompasses or is characterised as an application fee in some contexts, these provisions directly contradict each other. The distinction between 'application fee' and 'licence issue fee' is critical but not defined within the regulation, creating potential for conflicting interpretations about refund entitlements on refusal or withdrawal."},{"severity":"low","section_a":"sec.40","section_b":"sec.47","confidence":0.55,"description":"Section 40 provides a refund for surrendered licences on a pro-rata basis (per whole unexpired year). Section 47 explicitly overrides sec.40 and denies refunds for transitioned PAMDA licences where the person holds other licences and received a fee concession. However, sec.40(2) already contains its own exclusion for persons holding additional licences who received discounts. Section 47 thus appears to duplicate — but with different conditions — the exclusion already in sec.40(2), creating potential uncertainty about which exclusion applies to a transitional licensee and whether sec.47's more specific conditions narrow or expand the exclusion."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope as a subsidiary instrument supporting the Property Occupations Act 2014. It covers licensing details, conduct standards, record-keeping, and fees as expected for a regulation of this type. The amendments (noted as 2022 SL No. 79) relate to fee unit rounding and fee discount provisions, which are within the expected scope of administrative updates rather than scope expansion."},"complexity_factors":["Multiple cross-references to the Property Occupations Act 2014 and other legislation (Housing Act 2003, Motor Dealers and Chattel Auctioneers Act 2014, Evidence Act 1977)","Nested conditional logic in fee discount provisions (Sections 35-38) with multiple scenarios for multiple licence holdings","Mathematical formulas for calculating pro-rata refunds (Sections 40-41, 45-46) with defined terms for 'whole month'","Exception to exception structure in Section 40 (surrendered licence refunds) excluding cases where discounts were received","Transitional provisions referencing repealed legislation (PAMDA - Property Agents and Motor Dealers Act 2000) with complex refund calculations","Multiple defined terms scattered throughout (affordable housing rental scheme, approved non-profit corporation, transitioned licence, etc.)","Conditional exemptions in auctioneer name display (Section 9) with specific examples","Parallel structures for different licence types (property agents, resident letting agents, auctioneers) creating repetition with slight variations"],"plain_english_summary":"This regulation sets out the detailed rules for how property agents, auctioneers and real estate salespersons operate in Queensland under the Property Occupations Act 2014.\n\n**What it covers:**\n\n**1. Special licences for affordable housing and business letting (Sections 3-4)**\n- Creates two limited real estate agent licences:\n  - **Affordable housing licence**: Lets non-profit housing providers rent out residential properties and collect rent without needing a full real estate licence. Only directors or managers of approved non-profits can hold this licence.\n  - **Business letting licence**: Allows agents to lease commercial properties and businesses (but not residential properties).\n\n**2. Keeping authorities informed (Sections 5-6)**\n- Licensees and salespersons must notify the chief executive of changes to:\n  - Contact details (name, address, phone, email)\n  - Business details\n  - For companies: changes to directors or officers\n  - Any circumstances that would make them unsuitable to hold a licence\n\n**3. Auction rules (Sections 7, 9, 11-13, 23-25)**\n- **Buyer's premium**: Auctioneers must clearly disclose any extra fees buyers must pay (in ads, displays, and announcements)\n- **Identification**: Auctioneers must display their name visibly during auctions (or announce it if weather/movement makes display impractical)\n- **Record keeping**: Auctioneers must keep detailed books recording:\n  - Property details, reserve prices, and sale outcomes for real estate\n  - Descriptions, sellers, and buyers for goods\n  - Livestock details and client information for livestock sales\n- **Bidder registration**: Bidders must register with ID, get a unique number, and only registered bidders can bid\n- **Vendor bids**: If the seller bids, the auctioneer must disclose this to other bidders\n- **Bidder privacy**: Bidder identities are confidential except to the seller after a passed-in auction\n\n**4. Professional conduct standards (Sections 17-30)**\n- **Conflict of interest**: Agents cannot act if their interests conflict with the client's (unless disclosed in writing for resident letting agents)\n- **Due diligence**: Agents must verify property ownership and check facts before listing or auctioning\n- **No poaching**: Agents must check if clients already have another agent and warn them about potential double fees\n- **Follow instructions**: Agents must act as the client instructs and not advertise different prices/terms\n\n**5. Document keeping (Sections 15-16)**\n- Records must be kept secure, orderly and accessible for at least 5 years\n- Electronic records need monthly backups stored off-site away from magnetic interference\n\n**6. Fees and refunds (Sections 31-44)**\n- **Fee discounts**: People holding multiple licences pay only the highest fee; additional licences are free\n- **Shorter terms**: Licences can be issued with shortened terms so multiple licences expire together\n- **Refunds**: Available for withdrawn/refused applications, surrendered licences (pro-rata), and shortened terms\n- **No refunds**: For application fees, restoration fees, suspended licences, or deactivated licences\n\n**7. Transitional arrangements (Sections 45-47)**\n- Special refund rules for people who held property developer licences under the old PAMDA system that was abolished in 2014\n\n**Who it affects:**\n- Real estate agents, auctioneers, resident letting agents, and their salespersons\n- Non-profit affordable housing providers\n- Property buyers and sellers at auction\n- People applying for or renewing property industry licences\n\n**Why it matters:**\nThis regulation protects consumers by ensuring property professionals meet standards for honesty, competence, and record-keeping. It prevents conflicts of interest, ensures transparency at auctions (especially about fees and vendor bidding), and maintains reliable records of property transactions. The fee structures also reduce costs for professionals holding multiple licences."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/property-occupations-regulation-2014","history":"/api/acts/property-occupations-regulation-2014/history","analysis":"/api/acts/property-occupations-regulation-2014/analysis","conflicts":"/api/acts/property-occupations-regulation-2014/conflicts","importantCases":"/api/acts/property-occupations-regulation-2014/important-cases","documents":"/api/acts/property-occupations-regulation-2014/documents"}}