QLDIn ForceAct
Property Occupations Act 2014
sec.218Chief executive’s power to ask for substantiation of representations made by licensees or real estate salespersons
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### sec.218 Chief executive’s power to ask for substantiation of representations made by licensees or real estate salespersons
This section applies if the chief executive believes, on reasonable grounds, that a licensee or real estate salesperson has made a representation in contravention of section 212 (1) or (2) .
The chief executive may, by written notice, ask the person to give the chief executive written proof supporting the representation.
The notice must—
state a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and
warn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse.
The person must comply with the notice by the stated day, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
It is a reasonable excuse for an individual to fail to comply with subsection (4) that complying with the subsection might tend to incriminate the individual.
(sec.218-ssec.1) This section applies if the chief executive believes, on reasonable grounds, that a licensee or real estate salesperson has made a representation in contravention of section 212 (1) or (2) .
(sec.218-ssec.2) The chief executive may, by written notice, ask the person to give the chief executive written proof supporting the representation.
(sec.218-ssec.3) The notice must— state a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and warn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse.
(sec.218-ssec.4) The person must comply with the notice by the stated day, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.218-ssec.5) It is a reasonable excuse for an individual to fail to comply with subsection (4) that complying with the subsection might tend to incriminate the individual.
- (a) state a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and
- (b) warn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse.