QLDIn ForceAct
Property Occupations Act 2014
sec.91Excess commission etc. to be repaid
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### sec.91 Excess commission etc. to be repaid
This section applies if—
a person is convicted of an offence against section 88 (2) , 89 (2) or 90 (3) ; and
the court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or retained from someone ( client ) for whom the person performed an activity an amount to which the person was not entitled.
The court must order the person to pay the amount to the client.
The order must be made whether or not any penalty is imposed on the conviction.
The client may file the order in a court having jurisdiction for the recovery of a debt of an equal amount and the order may be enforced as if it were a judgment of the court.
(sec.91-ssec.1) This section applies if— a person is convicted of an offence against section 88 (2) , 89 (2) or 90 (3) ; and the court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or retained from someone ( client ) for whom the person performed an activity an amount to which the person was not entitled.
(sec.91-ssec.2) The court must order the person to pay the amount to the client.
(sec.91-ssec.3) The order must be made whether or not any penalty is imposed on the conviction.
(sec.91-ssec.4) The client may file the order in a court having jurisdiction for the recovery of a debt of an equal amount and the order may be enforced as if it were a judgment of the court.
- (a) a person is convicted of an offence against section 88 (2) , 89 (2) or 90 (3) ; and
- (b) the court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or retained from someone ( client ) for whom the person performed an activity an amount to which the person was not entitled.