QLDIn ForceAct
Property Occupations Act 2014
sec.68Chief executive may appoint or refuse to appoint substitute licensee
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### sec.68 Chief executive may appoint or refuse to appoint substitute licensee
The chief executive may decide to appoint or refuse to appoint—
a nominated person mentioned in section 66 (3) as a principal licensee’s substitute licensee; or
a nominated person mentioned in section 67 (4) as an employed licensee’s substitute licensee; or
a nominated person mentioned in section 67 (4) as a real estate salesperson’s substitute real estate salesperson.
The chief executive may decide to appoint the nominated person only if the chief executive is satisfied the nominated person—
either—
if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or
if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and
is sufficiently qualified to perform the relevant person’s activities during the period of the relevant person’s absence; and
if the principal licensee is required as a condition of the principal licensee’s licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition.
An appointment under this section may be made subject to the conditions the chief executive considers appropriate.
The chief executive must give written notice of the appointment to the principal licensee and the substitute licensee.
If the chief executive decides to refuse the application or to impose conditions on the appointment, the chief executive must give the principal licensee an information notice about the decision within 14 days after making the decision.
(sec.68-ssec.1) The chief executive may decide to appoint or refuse to appoint— a nominated person mentioned in section 66 (3) as a principal licensee’s substitute licensee; or a nominated person mentioned in section 67 (4) as an employed licensee’s substitute licensee; or a nominated person mentioned in section 67 (4) as a real estate salesperson’s substitute real estate salesperson.
(sec.68-ssec.2) The chief executive may decide to appoint the nominated person only if the chief executive is satisfied the nominated person— either— if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and is sufficiently qualified to perform the relevant person’s activities during the period of the relevant person’s absence; and if the principal licensee is required as a condition of the principal licensee’s licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition.
(sec.68-ssec.3) An appointment under this section may be made subject to the conditions the chief executive considers appropriate.
(sec.68-ssec.4) The chief executive must give written notice of the appointment to the principal licensee and the substitute licensee.
(sec.68-ssec.5) If the chief executive decides to refuse the application or to impose conditions on the appointment, the chief executive must give the principal licensee an information notice about the decision within 14 days after making the decision.
- (a) a nominated person mentioned in section 66 (3) as a principal licensee’s substitute licensee; or
- (b) a nominated person mentioned in section 67 (4) as an employed licensee’s substitute licensee; or
- (c) a nominated person mentioned in section 67 (4) as a real estate salesperson’s substitute real estate salesperson.
- (a) either— (i) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or (ii) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and
- (i) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or
- (ii) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and
- (b) is sufficiently qualified to perform the relevant person’s activities during the period of the relevant person’s absence; and
- (c) if the principal licensee is required as a condition of the principal licensee’s licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition.
- (i) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or
- (ii) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and