QLDIn ForceAct
Property Occupations Act 2014
sec.41Notice of change in criminal history
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### sec.41 Notice of change in criminal history
This section applies if the commissioner of the police service reasonably suspects the criminal history of either of the following persons has changed—
a person who is the holder of a licence;
a person who is a nominated person mentioned in section 66 (3) or 67 (4) appointed as a substitute licensee or as a substitute real estate salesperson.
The commissioner may notify the chief executive the person’s criminal history has changed.
The notice must state the following—
the person’s name and any other name the commissioner believes the person may use or may have used;
the person’s date and place of birth;
a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates.
The chief executive may confirm the commissioner’s suspicions under subsection (1) .
For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.
In this section—
criminal history , in relation to a person, includes a charge of an offence laid against a person that has not been dismissed.
offence includes alleged offence.
(sec.41-ssec.1) This section applies if the commissioner of the police service reasonably suspects the criminal history of either of the following persons has changed— a person who is the holder of a licence; a person who is a nominated person mentioned in section 66 (3) or 67 (4) appointed as a substitute licensee or as a substitute real estate salesperson.
(sec.41-ssec.2) The commissioner may notify the chief executive the person’s criminal history has changed.
(sec.41-ssec.3) The notice must state the following— the person’s name and any other name the commissioner believes the person may use or may have used; the person’s date and place of birth; a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates.
(sec.41-ssec.4) The chief executive may confirm the commissioner’s suspicions under subsection (1) .
(sec.41-ssec.5) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.
(sec.41-ssec.6) In this section— criminal history , in relation to a person, includes a charge of an offence laid against a person that has not been dismissed. offence includes alleged offence.
- (a) a person who is the holder of a licence;
- (b) a person who is a nominated person mentioned in section 66 (3) or 67 (4) appointed as a substitute licensee or as a substitute real estate salesperson.
- (a) the person’s name and any other name the commissioner believes the person may use or may have used;
- (b) the person’s date and place of birth;
- (c) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates.