QLDIn ForceAct
Property Occupations Act 2014
sec.32Particular persons can not make application
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### sec.32 Particular persons can not make application
A disqualified person can not make an application for a licence during the period for which the disqualified person is disqualified.
A corporation that was the holder of a licence that was cancelled can not make an application for a licence unless the corporation satisfies the chief executive that, because of a genuine sale—
no person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the corporation; and
no person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the corporation.
A person who made an application for a licence that was refused can not make an application for a licence of the same category as the licence for which the person applied—
for 3 months after the day the chief executive gives the person an information notice for the decision; or
if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.
Subsection (3) does not apply if—
the applicant is a corporation; and
the applicant satisfies the chief executive that, because of a genuine sale—
no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and
no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
In this section—
disqualified person means a person who, as a consequence of an order made by QCAT under section 186 or 188 or a court under section 227 or 228 , is disqualified from holding a licence.
(sec.32-ssec.1) A disqualified person can not make an application for a licence during the period for which the disqualified person is disqualified.
(sec.32-ssec.2) A corporation that was the holder of a licence that was cancelled can not make an application for a licence unless the corporation satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the corporation; and no person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the corporation.
(sec.32-ssec.3) A person who made an application for a licence that was refused can not make an application for a licence of the same category as the licence for which the person applied— for 3 months after the day the chief executive gives the person an information notice for the decision; or if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.
(sec.32-ssec.4) Subsection (3) does not apply if— the applicant is a corporation; and the applicant satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
(sec.32-ssec.5) In this section— disqualified person means a person who, as a consequence of an order made by QCAT under section 186 or 188 or a court under section 227 or 228 , is disqualified from holding a licence.
- (a) no person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the corporation; and
- (b) no person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the corporation.
- (a) for 3 months after the day the chief executive gives the person an information notice for the decision; or
- (b) if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.
- (a) the applicant is a corporation; and
- (b) the applicant satisfies the chief executive that, because of a genuine sale— (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
- (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and
- (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
- (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and
- (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.