QLDIn ForceAct
Agents Financial Administration Act 2014
sec.118Respondent to be advised of application
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### sec.118 Respondent to be advised of application
The chief executive must—
give a copy of the application and the accompanying documents to the respondent; and
advise the respondent that QCAT will make a reimbursement order if satisfied that—
a letter of demand was sent to the respondent under section 64 (4) , 75 (4) or 116 (6) ; and
the respondent has not paid the stated amount within the time allowed under the letter of demand; and
if the application relates to the reimbursement of a claim against the fund or special payment—the matters stated in subsection (2) apply; and
advise the respondent that the respondent may make written submissions for QCAT’s consideration about when and in what way the respondent intends to satisfy the amount paid in settlement of the claim or as a special payment or to a receiver or investigator.
For subsection (1) (b) (iii) , the matters are—
under the chief executive’s decision the respondent is liable to reimburse the fund in a stated amount; and
an information notice under section 102 was given to the respondent; and
either—
the respondent did not apply to QCAT under section 103 to have the decision reviewed; or
the decision has been reviewed by QCAT, and under QCAT’s decision, the respondent is liable to reimburse an amount to the chief executive or the fund.
(sec.118-ssec.1) The chief executive must— give a copy of the application and the accompanying documents to the respondent; and advise the respondent that QCAT will make a reimbursement order if satisfied that— a letter of demand was sent to the respondent under section 64 (4) , 75 (4) or 116 (6) ; and the respondent has not paid the stated amount within the time allowed under the letter of demand; and if the application relates to the reimbursement of a claim against the fund or special payment—the matters stated in subsection (2) apply; and advise the respondent that the respondent may make written submissions for QCAT’s consideration about when and in what way the respondent intends to satisfy the amount paid in settlement of the claim or as a special payment or to a receiver or investigator.
(sec.118-ssec.2) For subsection (1) (b) (iii) , the matters are— under the chief executive’s decision the respondent is liable to reimburse the fund in a stated amount; and an information notice under section 102 was given to the respondent; and either— the respondent did not apply to QCAT under section 103 to have the decision reviewed; or the decision has been reviewed by QCAT, and under QCAT’s decision, the respondent is liable to reimburse an amount to the chief executive or the fund.
- (a) give a copy of the application and the accompanying documents to the respondent; and
- (b) advise the respondent that QCAT will make a reimbursement order if satisfied that— (i) a letter of demand was sent to the respondent under section 64 (4) , 75 (4) or 116 (6) ; and (ii) the respondent has not paid the stated amount within the time allowed under the letter of demand; and (iii) if the application relates to the reimbursement of a claim against the fund or special payment—the matters stated in subsection (2) apply; and
- (i) a letter of demand was sent to the respondent under section 64 (4) , 75 (4) or 116 (6) ; and
- (ii) the respondent has not paid the stated amount within the time allowed under the letter of demand; and
- (iii) if the application relates to the reimbursement of a claim against the fund or special payment—the matters stated in subsection (2) apply; and
- (c) advise the respondent that the respondent may make written submissions for QCAT’s consideration about when and in what way the respondent intends to satisfy the amount paid in settlement of the claim or as a special payment or to a receiver or investigator.
- (i) a letter of demand was sent to the respondent under section 64 (4) , 75 (4) or 116 (6) ; and
- (ii) the respondent has not paid the stated amount within the time allowed under the letter of demand; and
- (iii) if the application relates to the reimbursement of a claim against the fund or special payment—the matters stated in subsection (2) apply; and
- (a) under the chief executive’s decision the respondent is liable to reimburse the fund in a stated amount; and
- (b) an information notice under section 102 was given to the respondent; and
- (c) either— (i) the respondent did not apply to QCAT under section 103 to have the decision reviewed; or (ii) the decision has been reviewed by QCAT, and under QCAT’s decision, the respondent is liable to reimburse an amount to the chief executive or the fund.
- (i) the respondent did not apply to QCAT under section 103 to have the decision reviewed; or
- (ii) the decision has been reviewed by QCAT, and under QCAT’s decision, the respondent is liable to reimburse an amount to the chief executive or the fund.
- (i) the respondent did not apply to QCAT under section 103 to have the decision reviewed; or
- (ii) the decision has been reviewed by QCAT, and under QCAT’s decision, the respondent is liable to reimburse an amount to the chief executive or the fund.