QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sec.52Appointment of substitute licensee—employed licensee in charge of a licensee’s business at a place
Start here
Get a plain-English read of sec.52
Turn the raw legal text into a practical explanation grounded in Motor Dealers and Chattel Auctioneers Act 2014.
### sec.52 Appointment of substitute licensee—employed licensee in charge of a licensee’s business at a place
This section applies if an employed licensee who is in charge of a principal licensee’s business at a place will be absent from the place for any reason, other than the employed licensee’s resignation or termination of employment.
If the employed licensee will be absent from the place for a period of not more than 30 days, the principal licensee may appoint an adult as the employed licensee’s substitute licensee for the period if the adult consents to the appointment.
The principal licensee must ensure an appointment under subsection (2) and the person’s consent to the appointment are—
in writing and state the period of appointment; and
kept at the licensee’s registered office; and
made available for immediate inspection by an inspector who asks to see them.
Maximum penalty—100 penalty units.
If the employed licensee will be absent from the place for a period of more than 30 days, the principal licensee who employs the employed licensee must apply to the chief executive in the approved form for the appointment or the extension of the appointment of an adult (also the nominated person ) as the licensee’s substitute licensee.
Maximum penalty—200 penalty units.
The application must be accompanied by—
the nominated person’s signed consent to the appointment; and
enough information about the nominated person to enable the chief executive to decide whether the person is—
a suitable person to hold a licence; and
sufficiently qualified to perform the employed licensee’s activities during the period; and
the application fee prescribed under a regulation; and
if, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.
In this section—
principal licensee includes—
for a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000 —the licensee’s administrator; and
for a deceased licensee—the licensee’s personal representative.
(sec.52-ssec.1) This section applies if an employed licensee who is in charge of a principal licensee’s business at a place will be absent from the place for any reason, other than the employed licensee’s resignation or termination of employment.
(sec.52-ssec.2) If the employed licensee will be absent from the place for a period of not more than 30 days, the principal licensee may appoint an adult as the employed licensee’s substitute licensee for the period if the adult consents to the appointment.
(sec.52-ssec.3) The principal licensee must ensure an appointment under subsection (2) and the person’s consent to the appointment are— in writing and state the period of appointment; and kept at the licensee’s registered office; and made available for immediate inspection by an inspector who asks to see them. Maximum penalty—100 penalty units.
(sec.52-ssec.4) If the employed licensee will be absent from the place for a period of more than 30 days, the principal licensee who employs the employed licensee must apply to the chief executive in the approved form for the appointment or the extension of the appointment of an adult (also the nominated person ) as the licensee’s substitute licensee. Maximum penalty—200 penalty units.
(sec.52-ssec.5) The application must be accompanied by— the nominated person’s signed consent to the appointment; and enough information about the nominated person to enable the chief executive to decide whether the person is— a suitable person to hold a licence; and sufficiently qualified to perform the employed licensee’s activities during the period; and the application fee prescribed under a regulation; and if, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.
(sec.52-ssec.6) In this section— principal licensee includes— for a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000 —the licensee’s administrator; and for a deceased licensee—the licensee’s personal representative.
- (a) in writing and state the period of appointment; and
- (b) kept at the licensee’s registered office; and
- (c) made available for immediate inspection by an inspector who asks to see them.
- (a) the nominated person’s signed consent to the appointment; and
- (b) enough information about the nominated person to enable the chief executive to decide whether the person is— (i) a suitable person to hold a licence; and (ii) sufficiently qualified to perform the employed licensee’s activities during the period; and
- (i) a suitable person to hold a licence; and
- (ii) sufficiently qualified to perform the employed licensee’s activities during the period; and
- (c) the application fee prescribed under a regulation; and
- (d) if, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.
- (i) a suitable person to hold a licence; and
- (ii) sufficiently qualified to perform the employed licensee’s activities during the period; and
- (a) for a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000 —the licensee’s administrator; and
- (b) for a deceased licensee—the licensee’s personal representative.