QLDIn ForceAct
Property Occupations Act 2014
sec.260Undertakings relating to pre-commencement conduct
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### sec.260 Undertakings relating to pre-commencement conduct
An existing undertaking continues to be a valid undertaking under the relevant Act according to its terms.
The provisions of the relevant Act relating to undertakings apply to an existing undertaking.
If an existing undertaking relates to a person’s existing licence, the undertaking is taken to relate to the person’s transitioned licence.
If an existing undertaking relates to a person’s existing registration certificate, the undertaking is taken to relate to the person’s transitioned licence or licences or transitioned certificate.
If the chief executive reasonably believes a person has, before the commencement, contravened or been involved in a contravention of PAMDA or a repealed code of conduct, the chief executive may ask for an undertaking under the relevant Act as if—
a reference to ‘this Act’ in the provisions of the relevant Act about undertakings were a reference to PAMDA; and
a reference to a ‘prescribed conduct provision’ in the provisions of the relevant Act about undertakings were a reference to the repealed code of conduct.
If, before the commencement—
the chief executive applied to the District Court for an order under PAMDA, section 571; and
the District Court has not decided the application;
the application may be heard and decided under PAMDA as if it had not been repealed.
In this section—
existing undertaking means an undertaking given by a person under PAMDA and in force immediately before the commencement.
relevant Act means—
for an undertaking relating to conduct, or conduct, of a kind regulated by the Debt Collectors Act—the Debt Collectors Act; or
for an undertaking relating to conduct, or conduct, of a kind regulated by the Motor Dealers and Chattel Auctioneers Act—the Motor Dealers and Chattel Auctioneers Act; or
for an undertaking relating to conduct, or conduct, of a kind regulated by this Act—this Act.
(sec.260-ssec.1) An existing undertaking continues to be a valid undertaking under the relevant Act according to its terms.
(sec.260-ssec.2) The provisions of the relevant Act relating to undertakings apply to an existing undertaking.
(sec.260-ssec.3) If an existing undertaking relates to a person’s existing licence, the undertaking is taken to relate to the person’s transitioned licence.
(sec.260-ssec.4) If an existing undertaking relates to a person’s existing registration certificate, the undertaking is taken to relate to the person’s transitioned licence or licences or transitioned certificate.
(sec.260-ssec.5) If the chief executive reasonably believes a person has, before the commencement, contravened or been involved in a contravention of PAMDA or a repealed code of conduct, the chief executive may ask for an undertaking under the relevant Act as if— a reference to ‘this Act’ in the provisions of the relevant Act about undertakings were a reference to PAMDA; and a reference to a ‘prescribed conduct provision’ in the provisions of the relevant Act about undertakings were a reference to the repealed code of conduct.
(sec.260-ssec.6) If, before the commencement— the chief executive applied to the District Court for an order under PAMDA, section 571; and the District Court has not decided the application; the application may be heard and decided under PAMDA as if it had not been repealed.
(sec.260-ssec.7) In this section— existing undertaking means an undertaking given by a person under PAMDA and in force immediately before the commencement. relevant Act means— for an undertaking relating to conduct, or conduct, of a kind regulated by the Debt Collectors Act—the Debt Collectors Act; or for an undertaking relating to conduct, or conduct, of a kind regulated by the Motor Dealers and Chattel Auctioneers Act—the Motor Dealers and Chattel Auctioneers Act; or for an undertaking relating to conduct, or conduct, of a kind regulated by this Act—this Act.
- (a) a reference to ‘this Act’ in the provisions of the relevant Act about undertakings were a reference to PAMDA; and
- (b) a reference to a ‘prescribed conduct provision’ in the provisions of the relevant Act about undertakings were a reference to the repealed code of conduct.
- (a) the chief executive applied to the District Court for an order under PAMDA, section 571; and
- (b) the District Court has not decided the application;
- (a) for an undertaking relating to conduct, or conduct, of a kind regulated by the Debt Collectors Act—the Debt Collectors Act; or
- (b) for an undertaking relating to conduct, or conduct, of a kind regulated by the Motor Dealers and Chattel Auctioneers Act—the Motor Dealers and Chattel Auctioneers Act; or
- (c) for an undertaking relating to conduct, or conduct, of a kind regulated by this Act—this Act.