QLDIn ForceAct
Agents Financial Administration Act 2014
sec.119Reimbursement orders
Start here
Get a plain-English read of sec.119
Turn the raw legal text into a practical explanation grounded in Agents Financial Administration Act 2014.
### sec.119 Reimbursement orders
QCAT must consider an application for a reimbursement order and any written submissions made by the respondent for the application.
QCAT must make a reimbursement order if satisfied that—
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—the matters stated in subsection (3) apply.
For subsection (2) (b) , the matters are—
the chief executive has made a decision about a claim against the fund; and
under section 116 the respondent is liable to reimburse the fund in a stated amount; 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; and
written notice of the chief executive’s decision, a copy of the decision and an information notice under section 102 was given to the respondent.
If QCAT makes a reimbursement order, the order must state that the respondent is liable to pay to the chief executive a stated amount within a stated period.
(sec.119-ssec.1) QCAT must consider an application for a reimbursement order and any written submissions made by the respondent for the application.
(sec.119-ssec.2) QCAT must make a reimbursement order if satisfied that— 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—the matters stated in subsection (3) apply.
(sec.119-ssec.3) For subsection (2) (b) , the matters are— the chief executive has made a decision about a claim against the fund; and under section 116 the respondent is liable to reimburse the fund in a stated amount; 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; and written notice of the chief executive’s decision, a copy of the decision and an information notice under section 102 was given to the respondent.
(sec.119-ssec.4) If QCAT makes a reimbursement order, the order must state that the respondent is liable to pay to the chief executive a stated amount within a stated period.
- (a) the respondent has not paid the stated amount within the time allowed under the letter of demand; and
- (b) if the application relates to the reimbursement of a claim against the fund—the matters stated in subsection (3) apply.
- (a) the chief executive has made a decision about a claim against the fund; and
- (b) under section 116 the respondent is liable to reimburse the fund in a stated amount; 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; and
- (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; and
- (d) written notice of the chief executive’s decision, a copy of the decision and an information notice under section 102 was given to the respondent.
- (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; and