QLDIn ForceAct
Property Law Act 2023
sec.101How disclosure documents to be given
Start here
Get a plain-English read of sec.101
Turn the raw legal text into a practical explanation grounded in Property Law Act 2023.
### sec.101 How disclosure documents to be given
A seller of a lot may give a buyer of the lot the disclosure documents for the lot in a way mentioned in—
section 231 (1) (a) (i) or (ii) or (b)(i); or
section 102 .
If the lot is sold by auction—
for section 99 (1) , the contract for the sale of the lot is taken to be signed by the buyer of the lot at the completion of the auction; and
if the buyer of the lot was registered as a bidder before the start of the auction, the seller of the lot is taken to have given the buyer the disclosure documents before the completion of the auction only if the seller gave the buyer the disclosure documents before the start of the auction; and
if the buyer of the lot was not registered as a bidder until after the start of the auction and was not given the disclosure documents under subsection (1) before the start of the auction, the seller of the lot is taken to have given the buyer the disclosure documents before the completion of the auction only if the seller complies with section 103 .
The seller of a lot has the onus of proving that the seller gave the buyer of the lot the disclosure documents.
To remove any doubt, it is declared that—
this section does not limit or otherwise affect—
the Acts Interpretation Act 1954 , section 39 ; or
the Electronic Transactions (Queensland) Act 2001 ; and
a seller of a lot may give a buyer of the lot the disclosure documents by separate or different communications and modes of communications and is not required to give the disclosure documents in a singular communication.
In this section—
completion , of an auction for a lot, means the time at which the auctioneer announces the completion of the sale of the lot by the fall of the hammer or in another customary way.
(sec.101-ssec.1) A seller of a lot may give a buyer of the lot the disclosure documents for the lot in a way mentioned in— section 231 (1) (a) (i) or (ii) or (b)(i); or section 102 .
(sec.101-ssec.2) If the lot is sold by auction— for section 99 (1) , the contract for the sale of the lot is taken to be signed by the buyer of the lot at the completion of the auction; and if the buyer of the lot was registered as a bidder before the start of the auction, the seller of the lot is taken to have given the buyer the disclosure documents before the completion of the auction only if the seller gave the buyer the disclosure documents before the start of the auction; and if the buyer of the lot was not registered as a bidder until after the start of the auction and was not given the disclosure documents under subsection (1) before the start of the auction, the seller of the lot is taken to have given the buyer the disclosure documents before the completion of the auction only if the seller complies with section 103 .
(sec.101-ssec.3) The seller of a lot has the onus of proving that the seller gave the buyer of the lot the disclosure documents.
(sec.101-ssec.4) To remove any doubt, it is declared that— this section does not limit or otherwise affect— the Acts Interpretation Act 1954 , section 39 ; or the Electronic Transactions (Queensland) Act 2001 ; and a seller of a lot may give a buyer of the lot the disclosure documents by separate or different communications and modes of communications and is not required to give the disclosure documents in a singular communication.
(sec.101-ssec.5) In this section— completion , of an auction for a lot, means the time at which the auctioneer announces the completion of the sale of the lot by the fall of the hammer or in another customary way.
- (a) section 231 (1) (a) (i) or (ii) or (b)(i); or
- (b) section 102 .
- (a) for section 99 (1) , the contract for the sale of the lot is taken to be signed by the buyer of the lot at the completion of the auction; and
- (b) if the buyer of the lot was registered as a bidder before the start of the auction, the seller of the lot is taken to have given the buyer the disclosure documents before the completion of the auction only if the seller gave the buyer the disclosure documents before the start of the auction; and
- (c) if the buyer of the lot was not registered as a bidder until after the start of the auction and was not given the disclosure documents under subsection (1) before the start of the auction, the seller of the lot is taken to have given the buyer the disclosure documents before the completion of the auction only if the seller complies with section 103 .
- (a) this section does not limit or otherwise affect— (i) the Acts Interpretation Act 1954 , section 39 ; or (ii) the Electronic Transactions (Queensland) Act 2001 ; and
- (i) the Acts Interpretation Act 1954 , section 39 ; or
- (ii) the Electronic Transactions (Queensland) Act 2001 ; and
- (b) a seller of a lot may give a buyer of the lot the disclosure documents by separate or different communications and modes of communications and is not required to give the disclosure documents in a singular communication.
- (i) the Acts Interpretation Act 1954 , section 39 ; or
- (ii) the Electronic Transactions (Queensland) Act 2001 ; and