QLDIn ForceAct
Property Occupations Act 2014
sec.61Application for restoration
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### sec.61 Application for restoration
If a person’s licence expires, the person may apply for restoration of the licence.
The application must—
be made to the chief executive in the approved form; and
be made within 3 months after the expiry; and
state the term of the licence being applied for; and
state the names and addresses of the person’s business associates; and
be accompanied by—
the application fee prescribed under a regulation; and
the licence renewal fee prescribed under a regulation; and
the licence restoration fee prescribed under a regulation; and
if the person was required as a condition of the person’s expired licence to hold insurance—proof of the currency of the insurance; and
if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and
if section 92B (1) applied to the licensee in relation to the expired licence—a statement that the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence, or evidence that exceptional circumstances applied.
The application must also be accompanied by—
an audit report about all trust accounts maintained by the person during the relevant audit period; or
a statutory declaration by the person that the person did not operate a trust account during the relevant audit period.
In this section—
relevant audit period , for a person’s expired licence, means the audit period ending immediately before the licence expired.
s 61 amd 2024 No. 27 s 110
(sec.61-ssec.1) If a person’s licence expires, the person may apply for restoration of the licence.
(sec.61-ssec.2) The application must— be made to the chief executive in the approved form; and be made within 3 months after the expiry; and state the term of the licence being applied for; and state the names and addresses of the person’s business associates; and be accompanied by— the application fee prescribed under a regulation; and the licence renewal fee prescribed under a regulation; and the licence restoration fee prescribed under a regulation; and if the person was required as a condition of the person’s expired licence to hold insurance—proof of the currency of the insurance; and if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and if section 92B (1) applied to the licensee in relation to the expired licence—a statement that the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence, or evidence that exceptional circumstances applied.
(sec.61-ssec.3) The application must also be accompanied by— an audit report about all trust accounts maintained by the person during the relevant audit period; or a statutory declaration by the person that the person did not operate a trust account during the relevant audit period.
(sec.61-ssec.4) In this section— relevant audit period , for a person’s expired licence, means the audit period ending immediately before the licence expired.
- (a) be made to the chief executive in the approved form; and
- (b) be made within 3 months after the expiry; and
- (c) state the term of the licence being applied for; and
- (d) state the names and addresses of the person’s business associates; and
- (e) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) the licence renewal fee prescribed under a regulation; and (iii) the licence restoration fee prescribed under a regulation; and (iv) if the person was required as a condition of the person’s expired licence to hold insurance—proof of the currency of the insurance; and (v) if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and (vi) if section 92B (1) applied to the licensee in relation to the expired licence—a statement that the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence, or evidence that exceptional circumstances applied.
- (i) the application fee prescribed under a regulation; and
- (ii) the licence renewal fee prescribed under a regulation; and
- (iii) the licence restoration fee prescribed under a regulation; and
- (iv) if the person was required as a condition of the person’s expired licence to hold insurance—proof of the currency of the insurance; and
- (v) if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and
- (vi) if section 92B (1) applied to the licensee in relation to the expired licence—a statement that the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence, or evidence that exceptional circumstances applied.
- (i) the application fee prescribed under a regulation; and
- (ii) the licence renewal fee prescribed under a regulation; and
- (iii) the licence restoration fee prescribed under a regulation; and
- (iv) if the person was required as a condition of the person’s expired licence to hold insurance—proof of the currency of the insurance; and
- (v) if, before or when the application is made, a criminal history costs requirement is made of the person—the amount of the costs required to be paid; and
- (vi) if section 92B (1) applied to the licensee in relation to the expired licence—a statement that the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence, or evidence that exceptional circumstances applied.
- (a) an audit report about all trust accounts maintained by the person during the relevant audit period; or
- (b) a statutory declaration by the person that the person did not operate a trust account during the relevant audit period.