Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Property Agents and Motor
Dealers and Other Acts
Amendment Bill 2005
Queensland
Property Agents and Motor Dealers and
Other Acts Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
3 Act amended in pt 2 and sch 1. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 4 (Exemption--auctions) . . . . . . . . . . . . . . . . . . 8
5 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5A Exemption--liquidators, controllers and receivers . . . 9
6 Replacement of s 8 (Exemption--livestock sales) . . . . . . . . . . . . 10
8 Exemption--livestock sales . . . . . . . . . . . . . . . . . . . . 10
7 Amendment of s 13 (Meaning of beneficial interest) . . . . . . . . . . 10
8 Amendment of s 33 (Criminal history is confidential document) . 11
9 Amendment of s 44 (Eligibility for motor dealer's licence) . . . . . . 11
10 Amendment of s 54 (Restriction--corporations) . . . . . . . . . . . . . 12
11 Amendment of s 74 (Immediate suspension) . . . . . . . . . . . . . . . . 13
12 Amendment of s 75 (Immediate cancellation) . . . . . . . . . . . . . . . 13
13 Insertion of new s 84A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
84A Requirement to give chief executive information or
material about application . . . . . . . . . . . . . . . . . . . . . 14
14 Amendment of s 88 (Criminal history is confidential document) . 14
15 Amendment of s 114 (Appointment of restricted letting agent) . . 14
16 Insertion of new s 115A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
115A Assignment of appointments . . . . . . . . . . . . . . . . . . . 15
17 Amendment of s 117 (Restriction on remedy for reward or
expense) ........................................ 16
18 Amendment of s 118 (Excess fees etc. to be repaid). . . . . . . . . . 16
2
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
19 Insertion of new s 124A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
124A Access to particular documents . . . . . . . . . . . . . . . . . 17
20 Amendment of s 132 (Licensee to be in charge of a real estate
agent's business at a place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Amendment of s 133 (Appointment of real estate
agent--general) ................................ 18
22 Amendment of s 135 (Appointment of real estate agent--sole
and exclusive agencies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Insertion of new s 135A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
135A Proposal for assignment of appointments . . . . . . . . . 19
24 Amendment of s 140 (Restriction on recovery of reward or
expense--no proper authorisation etc.) . . . . . . . . . . . . . . . . . . . . 20
25 Amendment of s 141 (Restriction on recovery of reward or
expense above amount allowed) . . . . . . . . . . . . . . . . . . . . . . . . . 21
26 Amendment of s 142 (Excess commission etc. to be repaid) . . . 21
27 Insertion of new s 145A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
145A Return of beneficial interest if in form of commission. 21
28 Amendment of s 153 (Notice to be given about sale of
restricted letting agent's business) . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Amendment of s 160 (Acting as real estate agent) . . . . . . . . . . . 22
30 Amendment of s 161 (Pretending to be real estate salesperson) 23
31 Amendment of s 163 (Production of licence) . . . . . . . . . . . . . . . . 24
32 Amendment of s 172 (Licensee to be in charge of pastoral
house's business at a place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
33 Amendment of s 173 (Appointment of pastoral house--general). 24
34 Insertion of new s 175A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
175A Proposal for assignment of appointments . . . . . . . . . 25
35 Amendment of s 179 (Restriction on recovery of reward or
expense--no proper authorisation) . . . . . . . . . . . . . . . . . . . . . . . 26
36 Amendment of s 180 (Restriction on recovery of reward or
expense above amount allowed) . . . . . . . . . . . . . . . . . . . . . . . . . 26
37 Amendment of s 181 (Excess commission etc. to be repaid) . . . 27
38 Insertion of new s 184A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
184A Return of beneficial interest if in form of commission. 27
39 Amendment of s 203 (Production of licence) . . . . . . . . . . . . . . . . 28
40 Amendment of s 210 (Appointment of auctioneer--general) . . . . 28
41 Insertion of new s 212A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
212A Proposal for assignment of appointments . . . . . . . . . 29
3
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
42 Amendment of s 217 (Restriction on recovery of reward or
expense--no proper authorisation etc.) . . . . . . . . . . . . . . . . . . . . 29
43 Amendment of s 218 (Restriction on recovery of reward or
expense above amount allowed) . . . . . . . . . . . . . . . . . . . . . . . . . 30
44 Amendment of s 219 (Excess commission etc. to be repaid) . . . 30
45 Insertion of new s 222A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
222A Return of beneficial interest if in form of commission. 30
46 Amendment of s 236 (Meaning of warranty period) . . . . . . . . . . . 31
47 Amendment of s 238 (Particular vehicles without statutory
warranty to be identified when offered for sale) . . . . . . . . . . . . . . 31
48 Insertion of new s 238A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
238A Bidders to register for auction of restorable vehicles . 32
49 Amendment of s 239 (Announcements before auction) . . . . . . . . 32
50 Insertion of new s 239A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
239A Effect of sale of restorable vehicle to registered
bidder ............................... 33
51 Amendment of s 241 (Auctioneer to give buyer notice about
statutory warranty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
52 Amendment of s 243 (Defects not covered by statutory
warranty) .................................... 33
53 Amendment of s 244 (Buyer's obligations under statutory
warranty) ..................................... 34
54 Amendment of s 245 (Warrantor to record particulars of
extension of warranty period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
55 Amendment of s 247 (Warrantor's obligation to repair defects) . . 35
56 Amendment of s 259 (Production of licence) . . . . . . . . . . . . . . . . 35
57 Amendment of s 279 (What a motor dealer's licence authorises) 36
58 Amendment of s 283 (Licensee to be in charge of motor
dealer's business at a place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
59 Insertion of new s 283A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
283A Motor dealer dealing in motor vehicles. . . . . . . . . . . . 36
60 Amendment of s 284 (Appointment--sale on consignment) . . . . 37
61 Insertion of new s 285A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
285A Proposal for assignment of appointments . . . . . . . . . 38
62 Amendment of s 288 (Restriction on remedy for reward or
expense) ........................................ 38
63 Amendment of s 289 (Excess commission etc. to be repaid) . . . 39
64 Insertion of new s 292A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
292A Return of beneficial interest if in form of commission. 39
4
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
65 Amendment of s 316 (Particular vehicles without statutory
warranty to be identified when offered for sale) . . . . . . . . . . . . . . 40
66 Insertion of new s 316A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
316A Waiver of statutory warranty for restorable vehicles . . 40
67 Amendment of s 317 (Motor dealer to give proposed buyer
notice about statutory warranty) . . . . . . . . . . . . . . . . . . . . . . . . . . 41
68 Amendment of s 319 (Defects not covered by statutory
warranty) .................................... 41
69 Amendment of s 320 (Buyer's obligations under statutory
warranty) ...................................... 41
70 Amendment of s 321 (Warrantor to record particulars of
extension of warranty period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
71 Replacement of s 327 (Motor dealer must notify chief executive
of change in place of business etc.) . . . . . . . . . . . . . . . . . . . . . . . 43
327 Motor dealer must notify chief executive of change
in place of business etc. . . . . . . . . . . . . . . . . . . . . . . . 43
72 Amendment of s 334 (Acting as motor dealer). . . . . . . . . . . . . . . 44
73 Amendment of s 337 (Production of licence) . . . . . . . . . . . . . . . . 44
74 Amendment of s 343 (Licensee to be in charge of commercial
agent's business at a place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
75 Amendment of s 344 (Appointment of commercial agent) . . . . . . 45
76 Insertion of new s 345A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
345A Proposal for assignment of appointments . . . . . . . . . 45
77 Amendment of s 346 (Restriction on remedy for reward or
expense) ....................................... 46
78 Amendment of s 357 (Production of licence) . . . . . . . . . . . . . . . . 47
79 Amendment of s 364 (Definitions for ch 11) . . . . . . . . . . . . . . . . . 47
80 Amendment of s 385 (Permitted drawings from trust accounts). . 47
81 Amendment of s 407 (Audit reports) . . . . . . . . . . . . . . . . . . . . . . 47
82 Amendment of s 417 (When receiver may be appointed) . . . . . . 48
83 Amendment of s 573 (Wrongful conversion and false accounts) . 48
84 Insertion of new ss 574A574D . . . . . . . . . . . . . . . . . . . . . . . . . . 48
574A Representation of price of property to
seller--auctioneer ...................... 48
574B Auctioneer not to indicate reserve or other price to
bidder ................................. 49
574C Representation of price of property--real estate
agent ............................... 50
574D Real estate agent not to indicate reserve price to
potential buyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
5
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
85 Amendment of s 582 (False or misleading statements) . . . . . . . . 52
86 Amendment of s 583 (False or misleading documents) . . . . . . . . 52
87 Insertion of new ch 19, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Part 7 Transitional provisions for Property Agents and
Motor Dealers and Other Acts Amendment Act
2005
638 Exemption for liquidators, controllers and receivers . . 53
639 Exemption--livestock sales . . . . . . . . . . . . . . . . . . . . 53
640 References to restricted letting agents . . . . . . . . . . . . 53
641 Existing restricted letting agent licences . . . . . . . . . . 54
642 Existing eligibility requirements for motor dealer's
licence ................................ 54
643 Transitional provision for s 367 . . . . . . . . . . . . . . . . . . 54
88 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 3 Amendment of other Acts
89 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Schedule 1 Minor and consequential amendments of Property Agents
and Motor Dealers Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Schedule 2 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Body Corporate and Community Management Act 1997. . . . . . . 60
Building Units and Group Titles Act 1980. . . . . . . . . . . . . . . . . . . 61
Business Names Act 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Collections Act 1966. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Introduction Agents Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Land Sales Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Partnership Act 1891 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Second-hand Dealers And Pawnbrokers Act 2003 . . . . . . . . . . . 64
Security Providers Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 67
Travel Agents Act 1988. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
2005
A Bill
for
An Act to amend the Property Agents and Motor Dealers Act
2000, and for other purposes
s1 8 s4
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Property Agents and Motor 4
Dealers and Other Acts Amendment Act 2005. 5
Clause 2 Commencement 6
Sections 11, 15(2), 16, 19, 21, 23, 33, 34, 40, 41, 47 to 52, 60, 7
61, 65 to 68, 75, 76 and 84 commence on a day to be fixed by 8
proclamation. 9
Part 2 Amendment of Property Agents 10
and Motor Dealers Act 2000 11
Clause 3 Act amended in pt 2 and sch 1 12
This part and schedule 1 amend the Property Agents and 13
Motor Dealers Act 2000. 14
Clause 4 Amendment of s 4 (Exemption--auctions) 15
Section 4-- 16
insert-- 17
`(g) a sale conducted for a charity, a religious denomination, 18
or an organisation formed for a community purpose, 19
within the meaning of the Collections Act 1966 (a 20
relevant entity) if-- 21
s5 9 s5
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
(i) the person conducting the sale does not receive 1
from the relevant entity a reward for the person's 2
services; and 3
(ii) amounts received from the sale are paid directly to 4
an officer or employee of the relevant entity who is 5
authorised by the relevant entity to receive and deal 6
with the amounts; or 7
(h) a sale conducted by or for Magic Millions Sales Pty Ltd 8
ACN 078396317 as part of the event known as the Gold 9
Coast Horses in Training Sale if the sale is conducted by 10
a person approved by the chief executive before the sale 11
as a suitable person to conduct the sale.'. 12
Clause 5 Insertion of new s 5A 13
After section 5-- 14
insert-- 15
`5A Exemption--liquidators, controllers and receivers 16
`(1) This section applies to-- 17
(a) a person, appointed under the Corporations Act, as a 18
liquidator, or controller of property, of a corporation that 19
is authorised under a licence to perform an activity; or 20
(b) a person, appointed under this Act, as a receiver of an 21
entity that is authorised under a licence to perform an 22
activity. 23
`(2) The person is exempt from the following provisions while 24
performing a function for which the person is appointed in 25
relation to a business carried on under a licence under this Act 26
in accordance with the conditions applying to the director's 27
licence for the corporation to which the appointment relates-- 28
· chapter 4, part 1, part 2, division 1, section 114 and part 29
3 30
· chapter 5, part 1, division 1, part 2, division 1, section 31
133 and part 3 32
· chapter 6, part 1, division 1, part 2, division 1, section 33
173 and part 3 34
s6 10 s7
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
· chapter 7, part 1, division 1, part 2, division 1, section 1
210 and part 5 2
· chapter 9, part 1, division 1, part 2, division 1 and 3
section 284 4
· section 326 5
· section 327 6
· section 328 7
· section 329 8
· chapter 10, part 1, division 1, part 2, division 1, section 9
344 and part 3.'. 10
Clause 6 Replacement of s 8 (Exemption--livestock sales) 11
Section 8-- 12
omit, insert-- 13
`8 Exemption--livestock sales 14
`(1) A del credere agent is exempt from chapter 12 in relation to a 15
sale of livestock if, under a written agreement made before the 16
sale or sales to which the agreement relates, the agent and the 17
livestock's seller agree that the agent guarantees payment of 18
the livestock's purchase price to the seller.1 19
`(2) Subsection (1) applies to a del credere agent-- 20
(a) only in relation to the sale or sales to which the 21
agreement relates; and 22
(b) only while the agreement is in force.'. 23
Clause 7 Amendment of s 13 (Meaning of beneficial interest) 24
(1) Section 13(1), cases 7 and 8-- 25
renumber as cases 9 and 10. 26
(2) Section 13(1), after case 6-- 27
insert-- 28
1 This practice is commonly known as `del credere'.
s8 11 s9
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`Case 7 1
If the licensee is a corporation, the purchase of the property is 2
made for an executive officer of the licensee or an associate of 3
the executive officer. 4
Case 8 5
If the licensee is a corporation, an option to purchase the 6
property is held by an executive officer of the licensee or an 7
associate of the executive officer.'. 8
(3) Section 13(2), cases 7 and 8-- 9
renumber as cases 9 and 10. 10
(4) Section 13(2), after case 6-- 11
insert-- 12
`Case 7 13
The purchase of the property is made for an executive officer 14
of a corporation of which the registered employee or an 15
associate of the registered employee is an executive officer. 16
Case 8 17
An option to purchase the property is held by an executive 18
officer of a corporation of which the registered employee or 19
an associate of the registered employee is an executive 20
officer.'. 21
Clause 8 Amendment of s 33 (Criminal history is confidential 22
document) 23
Section 33(1), `An officer, employee or agent of the 24
department'-- 25
omit, insert-- 26
`A public service employee performing functions under this 27
Act'. 28
Clause 9 Amendment of s 44 (Eligibility for motor dealer's licence) 29
(1) Section 44(1)-- 30
omit, insert-- 31
s 10 12 s 10
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`(1) An individual is eligible to obtain a motor dealer's licence 1
only if-- 2
(a) the individual-- 3
(i) is at least 18 years; and 4
(ii) has the educational or other qualifications for a 5
motor dealer's licence that may be prescribed 6
under a regulation; and 7
(b) the individual satisfies the chief executive that the use, 8
for the purpose of dealing in motor vehicles, of the place 9
at which the individual proposes to carry on business as 10
a motor dealer is authorised under the Integrated 11
Planning Act 1997.'. 12
(2) Section 44(2), `subsection (1)(b)'-- 13
omit, insert-- 14
`subsection (1)(a)(ii)'. 15
(3) Section 44(3)-- 16
omit, insert-- 17
`(3) A corporation is eligible to obtain a motor dealer's licence 18
only if the corporation satisfies the chief executive that-- 19
(a) a director of the corporation is a motor dealer; and 20
(b) the use, for the purpose of dealing in motor vehicles, of 21
the place at which the corporation proposes to carry on 22
business as a motor dealer is authorised under the 23
Integrated Planning Act 1997.'. 24
Clause 10 Amendment of s 54 (Restriction--corporations) 25
Section 54(1), from `performed by' to `director's licence.'-- 26
omit, insert-- 27
`performed by-- 28
(a) a licensed director of the corporation under the 29
director's licence; or 30
(b) a liquidator or controller appointed under the 31
Corporations Act of property of the corporation; or 32
s 11 13 s 12
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
(c) a receiver appointed under this Act of property of the 1
corporation.'. 2
Clause 11 Amendment of s 74 (Immediate suspension) 3
(1) Section 74(1)(b) and (c)-- 4
renumber as section 74(1)(c) and (d). 5
(2) Section 74(1)-- 6
insert-- 7
`(b) the chief executive is satisfied a licensee who has been 8
convicted of failing to file an audit report as required 9
under section 402 continues, after the end of any appeal 10
against the conviction, to fail to file the audit report; or'. 11
(3) Section 74(4) and (5)-- 12
renumber as section 74(5) and (6). 13
(4) Section 74(3)-- 14
omit, insert-- 15
`(3) If the chief executive suspends a licence for a reason 16
mentioned in subsection (1)(a), (c) or (d), the licence may be 17
suspended for the period, of not more than 28 days, and on the 18
conditions, the chief executive decides. 19
`(4) If the chief executive suspends the licence for the reason 20
mentioned in subsection (1)(b), the licence is suspended until 21
whichever of the following happens first-- 22
(a) the licensee files the required audit report; 23
(b) an application to the tribunal for the cancellation of the 24
licence is heard and decided.'. 25
(5) Section 74(6), as renumbered, penalty, `subsection (5)'-- 26
omit, insert-- 27
`subsection (6)'. 28
Clause 12 Amendment of s 75 (Immediate cancellation) 29
Section 75(1)(c), `has gone into liquidation'-- 30
s 13 14 s 15
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
omit, insert-- 1
`has been wound up or struck off under the Corporations Act'. 2
Clause 13 Insertion of new s 84A 3
Chapter 3, part 3, after section 84-- 4
insert-- 5
`84A Requirement to give chief executive information or 6
material about application 7
`(1) The chief executive may, by written notice given to an 8
applicant for registration, require the applicant to give the 9
chief executive information or material the chief executive 10
reasonably considers is needed to consider the applicant's 11
application for the registration within a stated reasonable time. 12
`(2) The applicant is taken to have withdrawn the application if the 13
applicant fails to comply with the chief executive's 14
requirement within the stated reasonable time.'. 15
Clause 14 Amendment of s 88 (Criminal history is confidential 16
document) 17
Section 88(1), `An officer, employee or agent of the 18
department'-- 19
omit, insert-- 20
`A public service employee performing functions under this 21
Act'. 22
Clause 15 Amendment of s 114 (Appointment of restricted letting 23
agent) 24
(1) Section 114, heading, `restricted'-- 25
omit, insert-- 26
`resident'. 27
(2) Section 114(1)-- 28
omit, insert-- 29
s 16 15 s 16
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`(1) A resident letting agent must not act as a resident letting agent 1
for a person (the client) to perform an activity (service) for the 2
client unless-- 3
(a) the client first appoints the letting agent in writing under 4
this section; or 5
(b) a previous appointment by the client is assigned to the 6
letting agent under the terms of that appointment or 7
under section 115A and the appointment is in force. 8
Maximum penalty--200 penalty units.'. 9
(3) Section 114(6), `restricted'-- 10
omit, insert-- 11
`resident'. 12
Clause 16 Insertion of new s 115A 13
Chapter 4, part 2, division 2, after section 115-- 14
insert-- 15
`115A Assignment of appointments 16
`(1) This section applies if a resident letting agent who holds 17
appointments from clients to perform services for the clients 18
under section 114 for a building complex proposes to assign 19
the appointments to another person who is to become the 20
resident letting agent for the complex (proposed assignee) 21
without changing the terms of the appointment. 22
`(2) However, this section does not apply to the assignment of an 23
appointment if-- 24
(a) the terms of the appointment authorise the assignment 25
of the appointment; and 26
(b) the assignment is made in accordance with the terms of 27
the appointment. 28
`(3) At least 14 days before the resident letting agent assigns the 29
appointments, the letting agent must give each client written 30
notice of the proposed assignment and obtain the client's 31
written approval to the assignment. 32
`(4) The notice must state the following-- 33
s 17 16 s 18
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
(a) the proposed assignee's name; 1
(b) the appointments are to be assigned without changing 2
the terms of the appointment; 3
(c) the client may agree or refuse to agree to the proposed 4
assignment; 5
(d) when the proposed assignment is to take effect. 6
`(5) If a client agrees to the assignment and the resident letting 7
agent assigns the appointment under this section, the 8
appointment is taken, for section 114, to be an appointment by 9
the client of the proposed assignee and to continue to have 10
effect according to its terms.'. 11
Clause 17 Amendment of s 117 (Restriction on remedy for reward or 12
expense) 13
(1) Section 117(1), (2) and (4), `restricted'-- 14
omit, insert-- 15
`resident'. 16
(2) Section 117-- 17
insert-- 18
`(7) A person who sues for, or recovers or retains, a reward or 19
expense for the performance of an activity as a resident letting 20
agent other than as provided by this section commits an 21
offence. 22
Maximum penalty for subsection (7)--200 penalty units.'. 23
Clause 18 Amendment of s 118 (Excess fees etc. to be repaid) 24
Section 118(1)(a)-- 25
omit, insert-- 26
`(a) a person is convicted of an offence against section 27
116(2) or 117(7);2 and'. 28
2 Section 116 (Commission may be claimed only in relation to actual amounts) or 117
(Restriction on remedy for reward or expense)
s 19 17 s 19
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Clause 19 Insertion of new s 124A 1
Chapter 4, part 3, after section 124-- 2
insert-- 3
`124A Access to particular documents 4
`(1) This section applies if a resident letting agent (existing letting 5
agent)-- 6
(a) is a letting agent for a community titles scheme; and 7
(b) enters into a contract to sell management rights for the 8
community titles scheme to another resident letting 9
agent (new letting agent). 10
`(2) At least 14 days before the day management rights are to pass 11
to the buyer under the contract, the existing letting agent must 12
make available to the new letting agent the existing letting 13
agent's trust account records for the community titles scheme 14
to which the management rights relate for the prescribed 15
period before the intended date of the sale of the management 16
rights. 17
`(3) If the existing letting agent fails to comply with subsection 18
(2), the new letting agent may avoid the contract. 19
`(4) In this section-- 20
community titles scheme has the meaning given by the Body 21
Corporate and Community Management Act 1997, section 10. 22
letting agent has the meaning given by the Body Corporate 23
and Community Management Act 1997, section 16. 24
management rights has the meaning given by the Body 25
Corporate and Community Management Act 1997, schedule 26
6. 27
prescribed period means-- 28
(a) 5 years; or 29
(b) if the existing resident letting agent has been the letting 30
agent for the community titles scheme for a shorter 31
period, the shorter period.'. 32
s 20 18 s 21
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Clause 20 Amendment of s 132 (Licensee to be in charge of a real 1
estate agent's business at a place) 2
(1) Section 132(1), `restricted'-- 3
omit, insert-- 4
`resident'. 5
(2) Section 132(2), `restricted'-- 6
omit, insert-- 7
`resident'. 8
(3) Section 132(4)-- 9
omit, insert-- 10
`(4) It is not an offence against subsection (1) or (2) for a real 11
estate agent who is an individual to be in charge of more than 12
1 place of business if each place of business is on land 13
contiguous to land on which the other place of business is 14
located. 15
`(5) For subsection (4), land is contiguous with other land only if 16
the parcels of land have a common boundary that is not 17
separated by a public road. 18
`(6) In this section-- 19
resident letting agency means a place of business at which the 20
only business carried on as a real estate agent is the business 21
of a resident letting agent.'. 22
Clause 21 Amendment of s 133 (Appointment of real estate 23
agent--general) 24
Section 133(1)-- 25
omit, insert-- 26
`(1) A real estate agent must not act as a real estate agent for a 27
person (client) to perform an activity (service) for the client 28
unless-- 29
(a) the client first appoints the real estate agent in writing; 30
or 31
s 22 19 s 23
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
(b) a previous appointment by the client is assigned to the 1
real estate agent under the terms of that appointment or 2
under section 135A and the appointment is in force. 3
Maximum penalty--200 penalty units.'. 4
Clause 22 Amendment of s 135 (Appointment of real estate 5
agent--sole and exclusive agencies) 6
Section 135(3)-- 7
omit, insert-- 8
`(3) Subsection (1)(b) does not apply if the appointment-- 9
(a) is for the sale of 3 or more resident properties; or 10
(b) is for the sale of a lot in a community titles scheme as 11
part of the sale of management rights to the person who 12
is to become the letting agent for the community titles 13
scheme. 14
`(4) In this section-- 15
community titles scheme has the meaning given by the Body 16
Corporate and Community Management Act 1997, section 10. 17
letting agent has the meaning given by the Body Corporate 18
and Community Management Act 1997, section 16. 19
management rights has the meaning given by the Body 20
Corporate and Community Management Act 1997, schedule 21
6.'. 22
Clause 23 Insertion of new s 135A 23
After section 135-- 24
insert-- 25
`135A Proposal for assignment of appointments 26
`(1) This section applies if a real estate agent who holds 27
appointments from clients to perform services for the clients 28
under section 133 proposes to assign the appointments to 29
another real estate agent (proposed assignee) without 30
changing the terms of the appointment. 31
s 24 20 s 24
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`(2) However, this section does not apply to the assignment of an 1
appointment if-- 2
(a) the terms of the appointment authorise the assignment 3
of the appointment; and 4
(b) the assignment is made in accordance with the terms of 5
the appointment. 6
`(3) At least 14 days before the real estate agent assigns the 7
appointments, the agent must give each client written notice 8
of the proposed assignment. 9
`(4) The notice must state the following-- 10
(a) the proposed assignee's name; 11
(b) the appointments are to be assigned without changing 12
the terms of the appointment; 13
(c) the client may agree or refuse to agree to the proposed 14
assignment; 15
(d) when the proposed assignment is to take effect. 16
`(5) If a client agrees to the assignment and the real estate agent 17
assigns the appointment under this section, the appointment is 18
taken, for section 133, to be an appointment by the client of 19
the proposed assignee and to continue to have effect according 20
to its terms.'. 21
Clause 24 Amendment of s 140 (Restriction on recovery of reward 22
or expense--no proper authorisation etc.) 23
Section 140-- 24
insert-- 25
`(2) A person who sues for, or recovers or retains, a reward or 26
expense for the performance of an activity as a real estate 27
agent other than as provided by subsection (1) commits an 28
offence. 29
Maximum penalty for subsection (2)--200 penalty units.'. 30
s 25 21 s 27
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Clause 25 Amendment of s 141 (Restriction on recovery of reward 1
or expense above amount allowed) 2
Section 141-- 3
insert-- 4
`(6) A person who sues for, or recovers or retains, a reward or 5
expense for the performance of an activity as a real estate 6
agent other than as provided by this section commits an 7
offence. 8
Maximum penalty for subsection (6)--200 penalty units.'. 9
Clause 26 Amendment of s 142 (Excess commission etc. to be 10
repaid) 11
Section 142(1)(a)-- 12
omit, insert-- 13
`(a) a person is convicted of an offence against section 14
139(2), 140(2) or 141(6);3 and'. 15
Clause 27 Insertion of new s 145A 16
After section 145-- 17
insert-- 18
`145A Return of beneficial interest if in form of commission 19
`(1) This section applies if-- 20
(a) a person is convicted of an offence against section 21
145(2) or (3);4 and 22
(b) the court convicting the person is satisfied on the 23
balance of probabilities that the person, in connection 24
with the offence, has recovered or retained from 25
someone (client) for whom the person performed an 26
3 Section 139 (Commission may be claimed only in relation to actual amounts), 140
(Restriction on recovery of reward or expense--no proper authorisation etc.) or 141
(Restriction on recovery of reward or expense above amount allowed)
4 Section 145 (Beneficial interest--other than options)
s 28 22 s 29
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
activity an amount of commission to which the person 1
was not entitled. 2
`(2) The court must order the person to pay the amount to the 3
client. 4
`(3) The order must be made whether or not any penalty is 5
imposed on the conviction. 6
`(4) The client may file the order in a court having jurisdiction for 7
the recovery of a debt of an equal amount and the order may 8
be enforced as if it were a judgment of that court.'. 9
Clause 28 Amendment of s 153 (Notice to be given about sale of 10
restricted letting agent's business) 11
(1) Section 153, heading, `restricted'-- 12
omit, insert-- 13
`resident'. 14
(2) Section 153(1) and (3), `restricted'-- 15
omit, insert-- 16
`resident'. 17
(3) Section 153(5), penalty, `subsection (5)'-- 18
omit, insert-- 19
`subsection (6)'. 20
(4) Section 153(5), as amended-- 21
renumber as section 153(6). 22
(5) Section 153-- 23
insert-- 24
`(5) Also, when giving the statement to the proposed buyer, the 25
real estate agent must ask the proposed buyer to acknowledge 26
that the proposed buyer has read the statement by signing and 27
dating it.'. 28
Clause 29 Amendment of s 160 (Acting as real estate agent) 29
(1) Section 160(4)(b) and (c)-- 30
s 30 23 s 30
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
renumber as section 160(4)(c) and (d). 1
(2) Section 160(4)(a)-- 2
omit, insert-- 3
`(a) a person does not act as a real estate agent only because 4
the person, while performing duties as an employee of a 5
real estate agent at the real estate agent's registered 6
office or other place of business-- 7
(i) collects, and issues receipts for, rents; or 8
(ii) gives a person a list, prepared by or for the real 9
estate agent, of premises available for rent; or 10
(iii) does something of an administrative nature in 11
relation to a thing the real estate agent does as a 12
real estate agent; and 13
(b) a person does not act as a real estate agent only because 14
the person collects rents for the service provider for a 15
residential service, as an employee of the service 16
provider, if the rents are collected in the course of the 17
conduct of the service; and'. 18
Clause 30 Amendment of s 161 (Pretending to be real estate 19
salesperson) 20
Section 161(2)-- 21
omit, insert-- 22
`(2) A person does not act as a real estate salesperson only because 23
the person, while performing duties as an employee of a real 24
estate agent at the real estate agent's registered office or other 25
place of business-- 26
(a) collects, and issues receipts for, rents; or 27
(b) gives a person a list, prepared by or for the real estate 28
agent, of premises available for rent; or 29
(c) does something of an administrative nature in relation to 30
a thing the real estate agent does as a real estate agent.'. 31
s 31 24 s 33
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Clause 31 Amendment of s 163 (Production of licence) 1
(1) Section 163, heading, at the end-- 2
insert-- 3
`or registration certificate'. 4
(2) Section 163-- 5
insert-- 6
`(2) A real estate salesperson must, if asked by a person with 7
whom the salesperson is dealing, produce the salesperson's 8
registration certificate for inspection by the person. 9
Maximum penalty--100 penalty units.'. 10
Clause 32 Amendment of s 172 (Licensee to be in charge of pastoral 11
house's business at a place) 12
Section 172-- 13
insert-- 14
`(3) It is not an offence against subsection (1) or (2) for an 15
individual who is a pastoral house director, pastoral house 16
manager or real estate agent to be in charge of more than 1 17
place of business if each place of business is on land 18
contiguous to land on which the other place of business is 19
located. 20
`(4) For subsection (3), land is contiguous with other land only if 21
the parcels of land have a common boundary that is not 22
separated by a public road.'. 23
Clause 33 Amendment of s 173 (Appointment of pastoral 24
house--general) 25
Section 173(1)-- 26
omit, insert-- 27
`(1) A pastoral house must not act as a pastoral house for a person 28
(client) to perform an activity (service) for the client unless-- 29
(a) the client first appoints the pastoral house in writing 30
under this section; or 31
s 34 25 s 34
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
(b) a previous appointment by the client is assigned to the 1
pastoral house under the terms of that appointment or 2
under section 175A and the appointment is in force. 3
Maximum penalty-- 4
(a) for an individual guilty under chapter 2 of the Criminal 5
Code of an offence or for section 591--200 penalty 6
units; or 7
(b) for a pastoral house--1000 penalty units.'. 8
Clause 34 Insertion of new s 175A 9
After section 175-- 10
insert-- 11
`175A Proposal for assignment of appointments 12
`(1) This section applies if a pastoral house that holds 13
appointments from clients to perform services for the clients 14
under section 173 proposes to assign the appointments to 15
another pastoral house (proposed assignee) without changing 16
the terms of the appointment. 17
`(2) However, this section does not apply to the assignment of an 18
appointment if-- 19
(a) the terms of the appointment authorise the assignment 20
of the appointment; and 21
(b) the assignment is made in accordance with the terms of 22
the appointment. 23
`(3) At least 14 days before the pastoral house assigns the 24
appointments, the pastoral house must give each client written 25
notice of the proposed assignment. 26
`(4) The notice must state the following-- 27
(a) the proposed assignee's name; 28
(b) the appointments are to be assigned without changing 29
the terms of the appointment; 30
(c) the client may agree or refuse to agree to the proposed 31
assignment; 32
s 35 26 s 36
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
(d) when the proposed assignment is to take effect. 1
`(5) If the client agrees to the assignment and the pastoral house 2
assigns the appointment under this section, the appointment is 3
taken, for section 173, to be an appointment by the client of 4
the proposed assignee and to continue to have effect according 5
to its terms.'. 6
Clause 35 Amendment of s 179 (Restriction on recovery of reward 7
or expense--no proper authorisation) 8
Section 179-- 9
insert-- 10
`(2) A person who sues for, or recovers or retains, a reward or 11
expense for the performance of an activity as a pastoral house 12
other than as provided by subsection (1) commits an offence. 13
Maximum penalty for subsection (2)-- 14
(a) for an individual guilty under chapter 2 of the Criminal 15
Code of an offence or for section 591--200 penalty 16
units; or 17
(b) for a pastoral house--1000 penalty units.'. 18
Clause 36 Amendment of s 180 (Restriction on recovery of reward 19
or expense above amount allowed) 20
Section 180-- 21
insert-- 22
`(6) A person who sues for, or recovers or retains, a reward or 23
expense for the performance of an activity as a pastoral house 24
other than as provided by this section commits an offence. 25
Maximum penalty for subsection (6)-- 26
(a) for an individual guilty under chapter 2 of the Criminal 27
Code of an offence or for section 591--200 penalty 28
units; or 29
(b) for a pastoral house--1000 penalty units.'. 30
s 37 27 s 38
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Clause 37 Amendment of s 181 (Excess commission etc. to be 1
repaid) 2
Section 181(1)(a)-- 3
omit, insert-- 4
`(a) a person is convicted of an offence against section 5
178(2), 179(2) or 180(6);5 and'. 6
Clause 38 Insertion of new s 184A 7
After section 184-- 8
insert-- 9
`184A Return of beneficial interest if in form of commission 10
`(1) This section applies if-- 11
(a) a person is convicted of an offence against section 12
184(2) or (3);6 and 13
(b) the court convicting the person is satisfied on the 14
balance of probabilities that the person, in connection 15
with the offence, has recovered or retained from 16
someone (client) for whom the person performed an 17
activity an amount of commission to which the person 18
was not entitled. 19
`(2) The court must order the person to pay the amount to the 20
client. 21
`(3) The order must be made whether or not any penalty is 22
imposed on the conviction. 23
`(4) The client may file the order in a court having jurisdiction for 24
the recovery of a debt of an equal amount and the order may 25
be enforced as if it were a judgment of that court.'. 26
5 Section 178 (Commission may be claimed only in relation to actual amounts), 179
(Restriction on recovery of reward or expense--no proper authorisation etc.) or 180
(Restriction on recovery of reward or expense above amount allowed)
6 Section 184 (Beneficial interest--other than options)
s 39 28 s 41
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Clause 39 Amendment of s 203 (Production of licence) 1
(1) Section 203, heading, at the end-- 2
insert-- 3
`or registration certificate'. 4
(2) Section 203(2)-- 5
renumber as section 203(3). 6
(3) Section 203-- 7
insert-- 8
`(2) A pastoral house salesperson must, if asked by a person with 9
whom the salesperson is dealing, produce the salesperson's 10
registration certificate for inspection by the person. 11
Maximum penalty--100 penalty units.'. 12
Clause 40 Amendment of s 210 (Appointment of 13
auctioneer--general) 14
Section 210(1)-- 15
omit, insert-- 16
`(1) An auctioneer who is asked by a person (client) to perform an 17
activity (service) for the client must not act for the client 18
unless-- 19
(a) the client first appoints the auctioneer in writing under 20
this section; or 21
(b) a previous appointment by the client is assigned to the 22
auctioneer under the terms of the appointment or under 23
section 212A and the appointment is in force. 24
Maximum penalty--200 penalty units.'. 25
Clause 41 Insertion of new s 212A 26
After section 212-- 27
insert-- 28
s 42 29 s 42
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`212A Proposal for assignment of appointments 1
`(1) This section applies if an auctioneer who holds appointments 2
from clients to perform services for the clients under section 3
210 proposes to assign the appointments to another auctioneer 4
(proposed assignee) without changing the terms of the 5
appointment. 6
`(2) However, this section does not apply to the assignment of an 7
appointment if-- 8
(a) the terms of the appointment authorise the assignment 9
of the appointment; and 10
(b) the assignment is made in accordance with the terms of 11
the appointment. 12
`(3) At least 14 days before the auctioneer assigns the 13
appointments, the auctioneer must give each client written 14
notice of the proposed assignment. 15
`(4) The notice must state the following-- 16
(a) the proposed assignee's name; 17
(b) that the appointments are to be assigned without 18
changing the terms of the appointment; 19
(c) the client may agree or refuse to agree to the proposed 20
assignment; 21
(d) when the proposed assignment is to take effect. 22
`(5) If the client agrees to the assignment and the auctioneer 23
assigns the appointment under this section, the appointment is 24
taken, for section 210, to be an appointment by the client of 25
the proposed assignee and to continue to have effect according 26
to its terms.'. 27
Clause 42 Amendment of s 217 (Restriction on recovery of reward 28
or expense--no proper authorisation etc.) 29
Section 217-- 30
insert-- 31
s 43 30 s 45
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`(2) A person who sues for, or recovers or retains, a reward or 1
expense for the performance of an activity as an auctioneer 2
other than as provided by subsection (1) commits an offence. 3
Maximum penalty for subsection (2)--200 penalty units.'. 4
Clause 43 Amendment of s 218 (Restriction on recovery of reward 5
or expense above amount allowed) 6
Section 218-- 7
insert-- 8
`(6) A person who sues for, or recovers or retains, a reward or 9
expense for the performance of an activity as an auctioneer 10
other than as provided by this section commits an offence. 11
Maximum penalty for subsection (6)--200 penalty units.'. 12
Clause 44 Amendment of s 219 (Excess commission etc. to be 13
repaid) 14
Section 219(1)(a)-- 15
omit, insert-- 16
`(a) a person is convicted of an offence against section 17
216(2), 217(2) or 218(6);7 and'. 18
Clause 45 Insertion of new s 222A 19
After section 222-- 20
insert-- 21
`222A Return of beneficial interest if in form of commission 22
`(1) This section applies if-- 23
(a) a person is convicted of an offence against section 24
222(2) or (3);8 and 25
7 Section 216 (Commission may be claimed only in relation to actual amounts), 217
(Restriction on recovery of reward or expense--no proper authorisation etc.) or 218
(Restriction on recovery of reward or expense above amount allowed)
8 Section 222 (Beneficial interest--other than options)
s 46 31 s 47
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
(b) the court convicting the person is satisfied on the 1
balance of probabilities that the person, in connection 2
with the offence, has recovered or retained from 3
someone (client) for whom the person performed an 4
activity an amount of commission to which the person 5
was not entitled. 6
`(2) The court must order the person to pay the amount to the 7
client. 8
`(3) The order must be made whether or not any penalty is 9
imposed on the conviction. 10
`(4) The client may file the order in a court having jurisdiction for 11
the recovery of a debt of an equal amount and the order may 12
be enforced as if it were a judgment of that court.'. 13
Clause 46 Amendment of s 236 (Meaning of warranty period) 14
Section 236(3)(a), `section 244(1)'-- 15
omit, insert-- 16
`section 244'. 17
Clause 47 Amendment of s 238 (Particular vehicles without 18
statutory warranty to be identified when offered for sale) 19
(1) Section 238, heading-- 20
omit, insert-- 21
`238 Unwarranted and restorable vehicles to be identified 22
when offered for sale'. 23
(2) Section 238-- 24
insert-- 25
`(2) Also, an auctioneer may advertise or display for sale a 26
restorable vehicle only if it is advertised or displayed for sale 27
in the way prescribed under a regulation. 28
Maximum penalty--100 penalty units. 29
`(3) This section does not apply to an unwarranted vehicle that is a 30
caravan, a commercial vehicle or a motorcycle.'. 31
s 48 32 s 49
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Clause 48 Insertion of new s 238A 1
After section 238-- 2
insert-- 3
`238A Bidders to register for auction of restorable vehicles 4
`(1) Before a restorable vehicle is offered for sale, an auctioneer 5
must invite persons intending to bid for the vehicle when it is 6
offered for sale to register as bidders (registered bidders) for 7
the sale. 8
`(2) The auctioneer must also inform potential bidders that by 9
registering as a bidder, the person agrees to purchase the 10
restorable vehicle on the condition that the person is taken to 11
waive its statutory warranty when the contract for its purchase 12
is entered into.'. 13
Clause 49 Amendment of s 239 (Announcements before auction) 14
Section 239-- 15
insert-- 16
`(3) Also, an auctioneer must announce, immediately before the 17
auction of any restorable vehicle-- 18
(a) that the vehicle is a restorable vehicle because it is more 19
than 20 years old and is for sale for restoration; and 20
(b) that it is a condition of the sale of a restorable vehicle 21
that if the vehicle is sold, the registered bidder to whom 22
it is sold is taken to waive the statutory warranty for the 23
vehicle when the contract for its purchase is entered 24
into; and 25
(c) that the auctioneer will not accept bids from a person 26
who is not a registered bidder. 27
Maximum penalty--100 penalty units. 28
`(4) An auctioneer does not contravene subsection (3) if-- 29
(a) 2 or more restorable vehicles are to be auctioned in 30
consecutive lots; and 31
(b) immediately before the first of the vehicles in the 32
consecutive lots is to be auctioned, the auctioneer 33
s 50 33 s 52
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
identifies the vehicles and announces that it is a 1
condition of each of the sales that a registered bidder 2
who purchases the vehicle is taken to waive its statutory 3
warranty when the contract for its purchase is entered 4
into.'. 5
Clause 50 Insertion of new s 239A 6
After section 239-- 7
insert-- 8
`239A Effect of sale of restorable vehicle to registered 9
bidder 10
`If a restorable vehicle is sold to a registered bidder at auction, 11
the statutory warranty for the vehicle stops having effect when 12
the contract for its purchase is entered into and the vehicle is 13
taken, for section 241, to be an unwarranted vehicle.'. 14
Clause 51 Amendment of s 241 (Auctioneer to give buyer notice 15
about statutory warranty) 16
Section 241(2), after `unwarranted vehicle'-- 17
insert-- 18
`or a restorable vehicle that is taken under section 239A to be 19
an unwarranted vehicle'. 20
Clause 52 Amendment of s 243 (Defects not covered by statutory 21
warranty) 22
(1) Section 243(a)-- 23
omit. 24
(2) Section 243(b) and (c)-- 25
renumber as section 243(a) and (b). 26
(3) Section 243-- 27
insert-- 28
`(c) a defect in something else prescribed by regulation.'. 29
s 53 34 s 53
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Clause 53 Amendment of s 244 (Buyer's obligations under statutory 1
warranty) 2
(1) Section 244(1)-- 3
omit, insert-- 4
`(1) If the buyer of a warranted vehicle believes the vehicle has a 5
defect the warrantor of the vehicle is obliged to repair under 6
this part, the buyer must give the warrantor written notice of 7
the defect (defect notice) before the end of the warranty 8
period and-- 9
(a) if the warranted vehicle is 200km or less from the 10
warrantor's place of business when the defect notice is 11
given, deliver the warranted vehicle to-- 12
(i) the warrantor to repair the defect; or 13
(ii) a qualified repairer nominated by the warrantor by 14
signed writing given to the buyer of the vehicle to 15
repair the defect; or 16
(b) if the warranted vehicle is more than 200km from the 17
warrantor's place of business when the defect notice is 18
given-- 19
(i) deliver the warranted vehicle to the qualified 20
repairer nominated by the warrantor by signed 21
writing given to the buyer of the vehicle and 22
nearest to the vehicle to repair the defect; or 23
(ii) deliver, at the warrantor's expense, the warranted 24
vehicle to another qualified repairer nominated by 25
the warrantor by signed writing given to the buyer 26
of the vehicle to repair the defect.'. 27
(2) Section 244(2), `or the person'-- 28
omit, insert-- 29
`or the qualified repairer'. 30
(3) Section 244(3), `subsection (1)(b)(ii)'-- 31
omit, insert-- 32
`subsection (1)(a)(ii)'. 33
(4) Section 244(4)-- 34
s 54 35 s 56
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
insert-- 1
`qualified repairer, in relation to a warranted vehicle the 2
subject of a defect notice, means a person who is, or holds the 3
qualifications necessary to be appointed under the Transport 4
Operations (Road Use Management) Act 1995, section 219 to 5
be, an accredited person to perform vehicle safety inspections 6
for the vehicle.'. 7
Clause 54 Amendment of s 245 (Warrantor to record particulars of 8
extension of warranty period) 9
Section 245, `delivered under section 244(1)(b)'-- 10
omit, insert-- 11
`delivered to the warrantor or nominated qualified repairer 12
under section 244'. 13
Clause 55 Amendment of s 247 (Warrantor's obligation to repair 14
defects) 15
Section 247(3)-- 16
omit, insert-- 17
`(3) If the warrantor nominates a qualified repairer to repair the 18
vehicle, the warrantor must advise the buyer of the qualified 19
repairer's name and the address where the defect is to be 20
repaired.'. 21
Clause 56 Amendment of s 259 (Production of licence) 22
(1) Section 259, heading, at the end-- 23
insert-- 24
`or registration certificate'. 25
(2) Section 259-- 26
insert-- 27
9 Transport Operations (Road Use Management) Act 1995, section 21 (Appointment
of accredited persons)
s 57 36 s 59
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`(2) A trainee auctioneer must, if asked by a person with whom the 1
trainee is dealing, produce the trainee's registration certificate 2
for inspection by the person. 3
Maximum penalty--100 penalty units.'. 4
Clause 57 Amendment of s 279 (What a motor dealer's licence 5
authorises) 6
(1) Section 279(1)(e)-- 7
omit, insert-- 8
`(e) to acquire used motor vehicles, whether or not as 9
complete units, to break up for sale as parts;'. 10
(2) Section 279(1)(f), `as complete units or'-- 11
omit. 12
Clause 58 Amendment of s 283 (Licensee to be in charge of motor 13
dealer's business at a place) 14
Section 283-- 15
insert-- 16
`(4) It is not an offence against this section for a motor dealer who 17
is an individual to be in charge of more than 1 place of 18
business if each place of business is on land contiguous to 19
land on which the other place of business is located. 20
`(5) For subsection (4), land is contiguous with other land only if 21
the parcels of land have a common boundary that is not 22
separated by a public road.'. 23
Clause 59 Insertion of new s 283A 24
Chapter 9, part 2, division 1, after section 283-- 25
insert-- 26
`283A Motor dealer dealing in motor vehicles 27
`(1) A motor dealer who is performing an activity the motor dealer 28
is authorised under section 279(1) to perform in relation to a 29
s 60 37 s 61
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
used motor vehicle is taken to be performing the activities of a 1
motor dealer whether or not-- 2
(a) the motor dealer is the registered operator, as defined 3
under the Transport Operations (Road Use 4
Management) Act 1995, of the motor vehicle; or 5
(b) the motor dealer or the motor dealer's associate used the 6
motor vehicle for private purposes. 7
`(2) The motor dealer must disclose to a potential buyer or seller 8
of a vehicle that the licensee is a licensed motor dealer. 9
Maximum penalty--400 penalty units. 10
`(3) Also, if a person agrees to purchase a motor vehicle from, or 11
sell a motor vehicle to, the motor dealer, the person must sign 12
a written acknowledgement stating the motor dealer disclosed 13
to the person that the licensee is a licensed motor dealer.'. 14
Clause 60 Amendment of s 284 (Appointment--sale on 15
consignment) 16
Section 284(1)-- 17
omit, insert-- 18
`(1) A motor dealer must not act as a motor dealer for a person 19
(client) to sell the client's motor vehicle on consignment 20
unless-- 21
(a) the client first appoints the motor dealer in writing under 22
this section; or 23
(b) a previous appointment is assigned to the motor dealer 24
under the terms of the appointment or under section 25
285A and the appointment is in force. 26
Maximum penalty--200 penalty units.'. 27
Clause 61 Insertion of new s 285A 28
After section 285-- 29
insert-- 30
s 62 38 s 62
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`285A Proposal for assignment of appointments 1
`(1) This section applies if a motor dealer who holds appointments 2
from clients to sell motor vehicles on consignment under 3
section 284 proposes to assign the appointments to another 4
motor dealer (proposed assignee) without changing the terms 5
of the appointment. 6
`(2) However, this section does not apply to the assignment of an 7
appointment if-- 8
(a) the terms of the appointment authorise the assignment 9
of the appointment; and 10
(b) the assignment is made in accordance with the terms of 11
the appointment. 12
`(3) At least 14 days before the motor dealer assigns the 13
appointments, the motor dealer must give each client written 14
notice of the proposed assignment. 15
`(4) The notice must state the following-- 16
(a) the proposed assignee's name; 17
(b) that the appointments are to be assigned without 18
changing the terms of the appointment; 19
(c) the client may agree or refuse to agree to the proposed 20
assignment; 21
(d) when the proposed assignment is to take effect. 22
`(5) If the client agrees to the assignment and the motor dealer 23
assigns the appointment under this section, the appointment is 24
taken, for section 285, to be an appointment by the client of 25
the proposed assignee and to continue to have effect according 26
to its terms.'. 27
Clause 62 Amendment of s 288 (Restriction on remedy for reward or 28
expense) 29
Section 288-- 30
insert-- 31
s 63 39 s 64
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`(2) A person who sues for, or recovers or retains, a reward or 1
expense for a sale of a motor vehicle other than as provided by 2
subsection (1) commits an offence. 3
Maximum penalty for subsection (2)--200 penalty units.'. 4
Clause 63 Amendment of s 289 (Excess commission etc. to be 5
repaid) 6
Section 289(1)(a)-- 7
omit, insert-- 8
`(a) a person is convicted of an offence against section 9
287(2) or 288(2);10 and'. 10
Clause 64 Insertion of new s 292A 11
Chapter 9, part 2, division 4, after section 292-- 12
insert-- 13
`292A Return of beneficial interest if in form of commission 14
`(1) This section applies if-- 15
(a) a person is convicted of an offence against section 16
292(2) or (3);11 and 17
(b) the court convicting the person is satisfied on the 18
balance of probabilities that the person, in connection 19
with the offence, has recovered or retained from 20
someone (client) for whom the person performed an 21
activity an amount of commission to which the person 22
was not entitled. 23
`(2) The court must order the person to pay the amount to the 24
client. 25
`(3) The order must be made whether or not any penalty is 26
imposed on the conviction. 27
10 Section 287 (Commission may be claimed only in relation to actual amounts) or 288
(Restriction on remedy for reward or expense)
11 Section 292 (Beneficial interest--other than options)
s 65 40 s 66
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`(4) The client may file the order in a court having jurisdiction for 1
the recovery of a debt of an equal amount and the order may 2
be enforced as if it were a judgment of that court.'. 3
Clause 65 Amendment of s 316 (Particular vehicles without 4
statutory warranty to be identified when offered for sale) 5
(1) Section 316, heading-- 6
omit, insert-- 7
`316 Unwarranted and restorable vehicles to be identified 8
when offered for sale'. 9
(2) Section 316-- 10
insert-- 11
`(2) Also, a motor dealer may advertise or display for sale a 12
restorable vehicle only if it is advertised or displayed for sale 13
in the way prescribed under a regulation. 14
Maximum penalty--100 penalty units. 15
`(3) This section does not apply to an unwarranted vehicle that is a 16
caravan, a commercial vehicle or a motorcycle.'. 17
Clause 66 Insertion of new s 316A 18
After section 316-- 19
insert-- 20
`316A Waiver of statutory warranty for restorable vehicles 21
`(1) A motor dealer must, before a proposed buyer enters into a 22
contract for the purchase of a restorable vehicle, give the 23
proposed buyer a written notice stating that the buyer may 24
waive the statutory warranty for the vehicle. 25
`(2) If the proposed buyer agrees to purchase the vehicle, the 26
proposed buyer may waive the statutory warranty for the 27
vehicle by signing the notice before the proposed buyer enters 28
into a contract for the sale of the vehicle. 29
`(3) The notice must clearly identify the vehicle to which it relates. 30
s 67 41 s 69
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`(4) On the signing of the notice, the proposed buyer is taken to 1
waive the statutory warranty for the vehicle when the contract 2
for its purchase is entered into.'. 3
Clause 67 Amendment of s 317 (Motor dealer to give proposed 4
buyer notice about statutory warranty) 5
Section 317(2), `a unwarranted vehicle'-- 6
omit, insert-- 7
`an unwarranted vehicle, or a restorable vehicle for which the 8
proposed buyer has signed a notice waiving the statutory 9
warranty under section 316A,'. 10
Clause 68 Amendment of s 319 (Defects not covered by statutory 11
warranty) 12
(1) Section 319(a)-- 13
omit. 14
(2) Section 319(b) and (c)-- 15
renumber as section 319(a) and (b). 16
(3) Section 319-- 17
insert-- 18
`(c) a defect in something else prescribed by regulation.'. 19
Clause 69 Amendment of s 320 (Buyer's obligations under statutory 20
warranty) 21
(1) Section 320(1)-- 22
omit, insert-- 23
`(1) If the buyer of a warranted vehicle believes the vehicle has a 24
defect the warrantor of the vehicle is obliged to repair under 25
this part, the buyer must give the warrantor written notice of 26
the defect (defect notice) before the end of the warranty 27
period and-- 28
s 69 42 s 69
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
(a) if the warranted vehicle is 200km or less from the 1
warrantor's place of business when the defect notice is 2
given, deliver the vehicle to-- 3
(i) the warrantor to repair the defect; or 4
(ii) a qualified repairer nominated by the warrantor by 5
signed writing given to the buyer of the vehicle to 6
repair the defect; or 7
(b) if the warranted vehicle is more than 200km from the 8
warrantor's place of business when the defect notice is 9
given-- 10
(i) deliver the warranted vehicle to the qualified 11
repairer nominated by the warrantor by signed 12
writing given to the buyer of the vehicle and 13
nearest to the vehicle to repair the defect; or 14
(ii) deliver, at the warrantor's expense, the warranted 15
vehicle to another qualified repairer nominated by 16
the warrantor by signed writing given to the buyer 17
of the vehicle to repair the defect.'. 18
(2) Section 320(2), `or the person'-- 19
omit, insert-- 20
`or the qualified repairer'. 21
(3) Section 320(3), `subsection (1)(b)(ii)'-- 22
omit, insert-- 23
`subsection (1)(a)(ii)'. 24
(4) Section 320(4)-- 25
insert-- 26
`qualified repairer, in relation to a warranted vehicle the 27
subject of a defect notice, means a person who is, or holds the 28
qualifications necessary to be appointed under the Transport 29
Operations (Road Use Management) Act 1995, section 2112 to 30
12 Transport Operations (Road Use Management) Act 1995, section 21 (Appointment
of accredited persons)
s 70 43 s 71
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
be, an accredited person to perform vehicle safety inspections 1
for the vehicle.'. 2
Clause 70 Amendment of s 321 (Warrantor to record particulars of 3
extension of warranty period) 4
Section 321, `delivered under section 320(1)(b)'-- 5
omit, insert-- 6
`delivered to the warrantor or nominated qualified repairer 7
under section 320'. 8
Clause 71 Replacement of s 327 (Motor dealer must notify chief 9
executive of change in place of business etc.) 10
Section 327-- 11
omit, insert-- 12
`327 Motor dealer must notify chief executive of change 13
in place of business etc. 14
`(1) A motor dealer who is a principal licensee must, if the motor 15
dealer changes the place where the motor dealer carries on the 16
motor dealer's principal place of business-- 17
(a) notify the chief executive in the approved form of the 18
change within 14 days after the change; and 19
(b) when notifying the chief executive of the change, give 20
the chief executive a copy of a document providing 21
evidence of the lawfulness of the use of the place for the 22
purposes of a motor dealer under the Integrated 23
Planning Act 1997. 24
Maximum penalty--200 penalty units. 25
`(2) A motor dealer who is a principal licensee must notify the 26
chief executive in the approved form of the closure of any 27
place where the dealer carries on business within 14 days after 28
the closure. 29
Maximum penalty--200 penalty units. 30
`(3) A motor dealer who is a principal licensee must-- 31
s 72 44 s 73
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
(a) notify the chief executive in the approved form of the 1
opening of any place where the dealer carries on 2
business within 14 days after the opening; and 3
(b) when notifying the chief executive of the opening of the 4
place, give the chief executive a copy of a document 5
providing evidence of the lawfulness of the use of the 6
place for the purposes of a motor dealer under the 7
Integrated Planning Act 1997. 8
Maximum penalty--200 penalty units. 9
`(4) A motor dealer who is an employed licensee must notify the 10
chief executive in the approved form of any change in the 11
motor dealer's business address within 14 days after the 12
change. 13
Maximum penalty--200 penalty units.'. 14
Clause 72 Amendment of s 334 (Acting as motor dealer) 15
Section 334(1), penalty, `200'-- 16
omit, insert-- 17
`400'. 18
Clause 73 Amendment of s 337 (Production of licence) 19
(1) Section 337, heading, at the end-- 20
insert-- 21
`or registration certificate'. 22
(2) Section 337-- 23
insert-- 24
`(2) A motor salesperson must, if asked by a person with whom 25
the salesperson is dealing, produce the salesperson's 26
registration certificate for inspection by the person. 27
Maximum penalty--100 penalty units.'. 28
s 74 45 s 76
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Clause 74 Amendment of s 343 (Licensee to be in charge of 1
commercial agent's business at a place) 2
Section 343-- 3
insert-- 4
`(4) It is not an offence against subsection (1) or (2) for a 5
commercial agent who is an individual to be in charge of more 6
than 1 place of business if each place of business is on land 7
contiguous to land on which the other place of business is 8
located. 9
`(5) For subsection (4), land is contiguous with other land only if 10
the parcels of land have a common boundary that is not 11
separated by a public road.'. 12
Clause 75 Amendment of s 344 (Appointment of commercial agent) 13
Section 344(1)-- 14
omit, insert-- 15
`(1) A commercial agent must not act as a commercial agent for a 16
person (client) to perform an activity (service) for the client 17
unless-- 18
(a) the client appoints the agent in writing under this 19
section; or 20
(b) a previous appointment has been assigned to the agent 21
under the terms of the appointment or under section 22
345A and the appointment is in force. 23
Maximum penalty--200 penalty units.'. 24
Clause 76 Insertion of new s 345A 25
Chapter 10, part 2, division 2, after section 345-- 26
insert-- 27
`345A Proposal for assignment of appointments 28
`(1) This section applies if a commercial agent who holds 29
appointments from clients to perform services for the clients 30
under section 344 proposes to assign the appointments to 31
s 77 46 s 77
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
another commercial agent (proposed assignee) without 1
changing the terms of the appointment. 2
`(2) However, this section does not apply to the assignment of an 3
appointment if-- 4
(a) the terms of the appointment authorise the assignment 5
of the appointment; and 6
(b) the assignment is made in accordance with the terms of 7
the appointment. 8
`(3) At least 14 days before the commercial agent assigns the 9
appointments, the commercial agent must give each client 10
written notice of the proposed assignment. 11
`(4) The notice must state the following-- 12
(a) the proposed assignee's name; 13
(b) that the appointments are to be assigned without 14
changing the terms of the appointment; 15
(c) the client may agree or refuse to agree to the proposed 16
assignment; 17
(d) when the proposed assignment is to take effect. 18
`(5) If the client agrees to the assignment and the commercial 19
agent assigns the appointment under this section, the 20
appointment is taken, for section 344, to be an appointment by 21
the client of the proposed assignee and to continue to have 22
effect according to its terms.'. 23
Clause 77 Amendment of s 346 (Restriction on remedy for reward or 24
expense) 25
Section 346-- 26
insert-- 27
`(2) A person who sues for, or recovers or retain, a reward or 28
expense for the performance of an activity as a commercial 29
agent other than as provided by subsection (1) commits an 30
offence. 31
Maximum penalty for subsection (2)--200 penalty units.'. 32
s 78 47 s 81
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Clause 78 Amendment of s 357 (Production of licence) 1
(1) Section 357, heading, at the end-- 2
insert-- 3
`or registration certificate'. 4
(2) Section 357-- 5
insert-- 6
`(2) A commercial subagent must, if asked by a person with whom 7
the subagent is dealing, produce the subagent's registration 8
certificate for inspection by the person. 9
Maximum penalty--100 penalty units.'. 10
Clause 79 Amendment of s 364 (Definitions for ch 11) 11
Section 364, definition cooling-off period, as an example-- 12
insert-- 13
14
`Example--
15
Assume a contract is entered into at any time on Monday and the buyer
16
is bound by the contract. Assume also that the cooling-off period is not
17
affected by public holidays. The cooling-off period ends at 5p.m. on
18
Friday.'.
Clause 80 Amendment of s 385 (Permitted drawings from trust 19
accounts) 20
After section 385(2)(b), as an example-- 21
insert-- 22
23
`Example of when transaction is finalised--
24
the settlement of a contract for the sale of property or the
25
termination of the contract'.
Clause 81 Amendment of s 407 (Audit reports) 26
Section 407(1), after `report'-- 27
insert-- 28
`under this section'. 29
s 82 48 s 84
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Clause 82 Amendment of s 417 (When receiver may be appointed) 1
Section 417(2)(e), after `cancellation'-- 2
insert-- 3
`or suspension'. 4
Clause 83 Amendment of s 573 (Wrongful conversion and false 5
accounts) 6
Section 573(3), `in the licensee's trust account'-- 7
omit, insert-- 8
`belonging to someone else'. 9
Clause 84 Insertion of new ss 574A574D 10
After section 574-- 11
insert-- 12
`574A Representation of price of property to 13
seller--auctioneer 14
`(1) This section applies if a person wanting to sell residential 15
property (seller) asks an auctioneer for information about the 16
price at which residential property that is to be, or may be, 17
offered for sale by auction (offered property) is likely to be 18
sold if it is sold by auction. 19
`(2) The auctioneer must give the seller a written notice stating 20
that if the seller does not set a price at which the seller agrees 21
to sell the offered property (reserve price), the offered 22
property will be sold for the price offered by the highest of 23
any bids made when the property is auctioned. 24
Maximum penalty--200 penalty units. 25
`(3) If the seller appoints the auctioneer to sell the offered 26
property, the auctioneer must obtain from the seller before the 27
offered property is auctioned a written notice stating the 28
following-- 29
(a) if the seller sets a reserve price--the reserve price; 30
s 84 49 s 84
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
(b) if the seller does not set a reserve price--that the seller 1
understands that the offered property will be sold for the 2
highest of any bids made when the offered property is 3
auctioned. 4
Maximum penalty--200 penalty units. 5
`(4) An auctioneer must not help a seller decide the reserve price 6
for offered property unless, before the seller decides the price, 7
the auctioneer gives the seller-- 8
(a) a copy of a comparative market analysis for the offered 9
property; or 10
(b) if a comparative market analysis can not be prepared for 11
the offered property, a written explanation showing how 12
the auctioneer decided the market value of the property. 13
Maximum penalty--540 penalty units. 14
`(5) In this section-- 15
comparative market analysis, for an offered property, means 16
a document comparing the offered property with at least 3 17
properties sold within the previous 6 months that are of a 18
similar standard or condition to the offered property and are 19
within 5km of that property. 20
`574B Auctioneer not to indicate reserve or other price to 21
bidder 22
`(1) This section applies if a person (bidder) wanting to bid for 23
residential property that is to be, or may be, offered for sale by 24
auction (offered property) asks an auctioneer for information 25
about the price at which the offered property is likely to be 26
sold when it is auctioned. 27
`(2) The auctioneer must not in any way disclose to the bidder-- 28
(a) whether the seller has set a reserve price for the offered 29
property under section 574A; or 30
(b) the reserve price set under section 574A for the offered 31
property; or 32
s 84 50 s 84
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
(c) an amount the auctioneer considers is a price likely to 1
result in a successful or acceptable bid for the offered 2
property. 3
Maximum penalty--540 penalty units. 4
`(3) However, the auctioneer does not commit an offence against 5
subsection (2) if, on the seller's written instructions, the 6
auctioneer gives the bidder whichever of the following was 7
given to the seller-- 8
(a) the comparative market analysis for the offered 9
property; 10
(b) the written explanation showing how the auctioneer 11
decided the market value of the property. 12
`(4) In this section-- 13
comparative market analysis, for offered property, see section 14
574A. 15
`574C Representation of price of property--real estate 16
agent 17
`(1) This section applies if a person wanting to sell residential 18
property asks a real estate agent for information about the 19
price at which residential property that is to be, or may be, 20
offered for sale, whether or not by auction, (offered property) 21
is likely to be sold. 22
`(2) If the real estate agent decides to give the person the 23
information, the real estate agent must, when giving the 24
person the information, give the person-- 25
(a) a copy of a comparative market analysis for the offered 26
property; or 27
(b) if a comparative market analysis can not be prepared for 28
the offered property, a written explanation showing how 29
the real estate agent decided the market value of the 30
property. 31
Maximum penalty--540 penalty units. 32
`(3) In this section-- 33
s 84 51 s 84
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
comparative market analysis, for offered property, see section 1
section 574A. 2
`574D Real estate agent not to indicate reserve price to 3
potential buyer 4
`(1) This section applies if a person wanting to buy residential 5
property (potential buyer) asks a real estate agent for 6
information about the price at which residential property that 7
is to be, or may be, offered for sale, whether or not by auction, 8
(offered property) is likely to be sold or is, or is likely to be, 9
offered for sale. 10
`(2) If the offered property is to be offered for sale by auction, the 11
real estate agent must not disclose to the potential buyer-- 12
(a) whether the seller has set a reserve price for the offered 13
property; or 14
(b) the reserve price set for the offered property; or 15
(c) an amount the real estate agent considers is a price 16
likely to result in a successful or acceptable bid for the 17
offered property. 18
Maximum penalty--540 penalty units. 19
`(3) If the property is not to be offered for sale by auction and the 20
seller has instructed the real estate agent not to disclose the 21
price at which the seller is willing to sell the offered property, 22
the real estate agent must not disclose to the potential buyer 23
the price at which the seller is willing to sell the offered 24
property. 25
Maximum penalty--540 penalty units. 26
`(4) However, the real estate agent does not commit an offence 27
against subsection (2) or (3) if, on the seller's written 28
instructions, the real estate agent gives the potential buyer a 29
copy of whichever of the following was given to the seller-- 30
(a) the comparative market analysis for the offered 31
property; 32
(b) the written explanation showing how the real estate 33
agent decided the market value of the property. 34
s 85 52 s 87
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Maximum penalty--540 penalty units. 1
`(5) In this section-- 2
comparative market analysis, for offered property, see section 3
section 574A.'. 4
Clause 85 Amendment of s 582 (False or misleading statements) 5
Section 582(2), definition official-- 6
omit, insert-- 7
`official means-- 8
(a) the chief executive; or 9
(b) an inspector; or 10
(c) a public service employee.'. 11
Clause 86 Amendment of s 583 (False or misleading documents) 12
Section 583(4), definition official-- 13
omit, insert-- 14
`official means-- 15
(a) the chief executive; or 16
(b) an inspector; or 17
(c) a public service employee.'. 18
Clause 87 Insertion of new ch 19, pt 7 19
Chapter 19-- 20
insert-- 21
s 87 53 s 87
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`Part 7 Transitional provisions for 1
Property Agents and Motor 2
Dealers and Other Acts 3
Amendment Act 2005 4
`638 Exemption for liquidators, controllers and receivers 5
`(1) This section applies to the following persons-- 6
(a) a person, appointed under the Corporations Act before 7
the commencement of this section, as a liquidator, or 8
controller of property, of a corporation that is or was 9
authorised under a licence to perform an activity; 10
(b) a person, appointed under this Act before the 11
commencement of this section, as a receiver of an entity 12
that is or was authorised under a licence to perform an 13
activity. 14
`(2) Section 5A, as in force from the commencement of this 15
section, applies, and is taken always to have applied, to the 16
functions the person performed before the commencement in 17
relation to a business carried on under a licence under this 18
Act. 19
`639 Exemption--livestock sales 20
`Section 8, as in force immediately before the commencement 21
of this section, continues to apply to a del credere agent and 22
an agreement to which that section applied before the 23
commencement as if the Property Agents and Motor Dealers 24
and Other Acts Amendment Act 2005, section 6 had not been 25
enacted. 26
`640 References to restricted letting agents 27
`In an Act or document a reference to a restricted letting agent 28
may, if the context permits, be taken to be a reference to a 29
resident letting agent. 30
s 87 54 s 87
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
`641 Existing restricted letting agent licences 1
`(1) This section applies to a person who, immediately before the 2
commencement of this section, held a property agents and 3
motor dealers licence (restricted letting agent). 4
`(2) The person is, on the commencement, taken to hold a property 5
agents and motor dealers licence (resident letting agent). 6
`(3) If the person held the licence immediately before the 7
commencement subject to a restriction or condition, the 8
licence the person is taken to hold on the commencement is 9
also taken to be subject to a condition in the same terms, so far 10
as practicable, as the restriction or condition. 11
`642 Existing eligibility requirements for motor dealer's 12
licence 13
`Section 44, as in force immediately before the 14
commencement of this section, continues to apply to-- 15
(a) an application for a motor dealer's licence made, but not 16
decided, before the commencement; and 17
(b) the consideration under section 57 of a motor dealer's 18
eligibility on an application for the renewal or 19
restoration of the motor dealer's licence if the licence 20
was in force immediately before the commencement. 21
`643 Transitional provision for s 367 22
`(1) This section applies to a contract relating to a proposed lot 23
under the Land Sales Act 1984 that-- 24
(a) was entered into before 1 December 2005; and 25
(b) did not have a warning statement attached to it as 26
required under old section 366 because the warning 27
statement, the information sheet and the contract were 28
given to the buyer by electronic communication; and 29
(c) was not settled before the commencement of this 30
section. 31
`(2) The buyer under the contract may, after the commencement, 32
terminate the relevant contract under old section 367 because 33
s 88 55 s 88
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
the warning statement was not attached as required under old 1
section 366 by giving signed, dated notice of termination to 2
the seller or the seller's agent, if the notice is given to the 3
seller or the seller's agent before whichever of the following 4
happens first-- 5
(a) the relevant contract settles; 6
(b) the end of 1 month after the date of assent of the 7
Property Agents and Motor Dealers and Other Acts 8
Amendment Act 2005. 9
`(3) If the buyer does not terminate the contract as provided under 10
subsection (2), the buyer's rights under old section 367 to 11
terminate the contract for the reason mentioned in subsection 12
(2) are extinguished. 13
`(4) In this section-- 14
electronic communication see the Electronic Transactions 15
(Queensland) Act 2001, schedule 2. 16
information sheet has the meaning given by the Body 17
Corporate and Community Management Act 1997, section 18
213(5) as in force before 1 December 2005. 19
old section 366 means section 366 as in force before 1 20
December 2005. 21
old section 367 means section 367 as in force before 1 22
December 2005.'. 23
Clause 88 Amendment of sch 2 (Dictionary) 24
(1) Schedule 2, definitions residential service, restricted letting 25
agent, restricted letting agent's business and restricted letting 26
agent's licence-- 27
omit. 28
(2) Schedule 2-- 29
insert-- 30
`resident letting agent see section 111. 31
resident letting agent's business see section 152. 32
s 88 56 s 88
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
resident letting agent's licence means a property agents and 1
motor dealers licence (resident letting agent). 2
residential service see the Residential Services 3
(Accommodation) Act 2002, schedule. 4
restorable vehicle means a warranted vehicle that is more than 5
20 years old and is for sale for restoration.'. 6
(3) Schedule 2, definition comparable licence, paragraph (a), 7
`restricted letting agent's licence'-- 8
omit, insert-- 9
`resident letting agent's licence'. 10
(4) Schedule 2, definition employment register, paragraph (a), 11
`restricted'-- 12
omit, insert-- 13
`resident'. 14
(5) Schedule 2, definition land-- 15
insert-- 16
`(d) an interest in land.'. 17
(6) Schedule 2, definition minor claim, `$5000'-- 18
omit, insert-- 19
`$10000'. 20
(7) Schedule 2, definition registered office, paragraph (a), 21
`restricted'-- 22
omit, insert-- 23
`resident'. 24
(8) Schedule 2, definition used motor vehicle, paragraph (a)(ii)-- 25
renumber as paragraph (a)(iii). 26
(9) Schedule 2, definition used motor vehicle, paragraph (a)-- 27
insert-- 28
`(ii) a motor vehicle that, had it not been registered as 29
mentioned in subparagraph (i) for use for 30
s 89 57 s 89
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
demonstration or sales promotion, would have 1
been a new motor vehicle; or'. 2
(10) Schedule 2, definition warranted vehicle, paragraph (a)(ii)-- 3
omit. 4
(11) Schedule 2, definition warranted vehicle, paragraph (a)(iii)-- 5
renumber as paragraph (a)(ii). 6
Part 3 Amendment of other Acts 7
Clause 89 Other Acts amended 8
Schedule 2 amends the Acts it mentions. 9
58
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Schedule 1 Minor and consequential 1
amendments of Property 2
Agents and Motor Dealers Act 3
2000 4
section 3 5
1 Long title, `restricted'-- 6
omit, insert-- 7
`resident'. 8
2 Sections 9(2), 10(1), 20(a), 35, 46(a), 47(a), 48A(a), 111, 9
112, 113, 116, 119, 120(1) and (3), 121, 122, 123, 124, 125, 10
126, 127 and 152, `restricted'-- 11
omit, insert-- 12
`resident'. 13
3 Chapter 2, part 5, division 1, heading, chapter 4, heading, 14
chapter 4, part 1, heading, sections 122, heading and 126, 15
heading, `Restricted'-- 16
omit, insert-- 17
`Resident'. 18
4 Section 237(2), after `238'-- 19
insert-- 20
`, 238A'. 21
5 Section 532(2)(e)-- 22
omit. 23
59
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Schedule 1 (continued)
6 Section 532(2)(f)-- 1
renumber as section 532(2)(e). 2
60
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Schedule 2 Other Acts amended 1
section 89 2
Body Corporate and Community Management Act 3
1997 4
1 Chapter 8, after part 3-- 5
insert-- 6
`Part 3A Transitional provision for 7
Property Agents and Motor 8
Dealers and Other Acts 9
Amendment Act 2005 10
`354A Transitional provision for s 213 11
`(1) This section applies to a contract relating to a proposed lot 12
under the Land Sales Act 1984 that-- 13
(a) was entered into before 1 December 2005; and 14
(b) did not have an information sheet attached to it as 15
required under old section 213(5)(b) because the 16
warning statement, the information sheet and the 17
contract were given to the buyer by electronic 18
communication; and 19
(c) was not settled before the commencement of this 20
section. 21
`(2) The buyer under the contract may, after the commencement, 22
cancel the relevant contract under old section 213(6) because 23
the information sheet was not attached as required under old 24
section 213(5)(b) by giving signed, dated notice of 25
cancellation to the seller if the notice of cancellation is given 26
to the seller before whichever of the following happens first-- 27
(a) the relevant contract settles; 28
61
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Schedule 2 (continued)
(b) the end of 1 month after the date of assent of the 1
Property Agents and Motor Dealers and Other Acts 2
Amendment Act 2005. 3
`(3) If the buyer does not cancel the contract as provided under 4
subsection (2), the buyer's rights under old section 213 to 5
cancel the contract for the reason mentioned in subsection (2) 6
are extinguished. 7
`(4) In this section-- 8
electronic communication see the Electronic Transactions 9
(Queensland) Act 2001, schedule 2. 10
old section 213 means section 213 as in force before 1 11
December 2005. 12
old section 213(5)(b) means section 213(5)(b) as in force 13
before 1 December 2005. 14
old section 213(6) means section 213(6) as in force before 1 15
December 2005. 16
warning statement has the meaning given by the Property 17
Agents and Motor Dealers Act 2000, section 366(1) as in 18
force before 1 December 2005.'. 19
Building Units and Group Titles Act 1980 20
1 Section 39(3)(k), `restricted'-- 21
omit, insert-- 22
`resident'. 23
2 Section 53(14), `restricted'-- 24
omit, insert-- 25
`resident'. 26
62
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Schedule 2 (continued)
Business Names Act 1962 1
1 Section 25(1)(a), `1 year'-- 2
omit, insert-- 3
`1 calendar month'. 4
Collections Act 1966 5
1 Section 29-- 6
insert-- 7
`(6) Also, subsection (4)(a) does not apply to a charity or an 8
association if the charity's or association's constitution 9
authorises the charity or association to distribute income and 10
property among members who are themselves charities or 11
associations, whether in Queensland or another State.'. 12
Introduction Agents Act 2001 13
1 Section 96(4), definition official-- 14
insert-- 15
`(e) a public service employee.'. 16
2 Section 97, from `to an officer'-- 17
omit, insert-- 18
`to an appropriately qualified public service employee. 19
`(2) In this section-- 20
63
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Schedule 2 (continued)
appropriately qualified includes having the qualifications, 1
experience or standing appropriate to the exercise of the 2
power. 3
4
Example--
5
a person's classification level in the public service'.
Land Sales Act 1984 6
1 Section 35, from `to an officer'-- 7
omit, insert-- 8
`to an appropriately qualified public service employee. 9
`(2) In this section-- 10
appropriately qualified includes having the qualifications, 11
experience or standing appropriate to the exercise of the 12
power. 13
14
Example--
15
a person's classification level in the public service'.
Partnership Act 1891 16
1 Section 52(1), `, which notice complies with this Act,'-- 17
omit, insert-- 18
`in the approved form'. 19
2 Section 63(1), `that complies with this chapter'-- 20
omit, insert-- 21
`in the approved form'. 22
64
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Schedule 2 (continued)
3 Section 66(1), after `is not given'-- 1
insert-- 2
`in the approved form'. 3
4 Section 80(1), after `a certificate'-- 4
insert-- 5
`in the approved form'. 6
5 Section 80(2), after `a certificate'-- 7
insert-- 8
`in the approved form'. 9
6 Section 102(1), after `written notice'-- 10
insert-- 11
`in the approved form'. 12
7 Section 102(2), after `written notice'-- 13
insert-- 14
`in the approved form'. 15
Second-hand Dealers And Pawnbrokers Act 2003 16
1 Section 9(1), `An officer, employee or agent of the 17
department'-- 18
omit, insert-- 19
`A public service employee'. 20
65
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Schedule 2 (continued)
2 Section 12(2), `application'-- 1
omit, insert-- 2
`licence'. 3
3 Section 19(1)(d), after `no longer'-- 4
insert-- 5
`a'. 6
4 Section 77(2)(b), `officers'-- 7
omit, insert-- 8
`officer's'. 9
5 Section 88(2)(f), example, `Example of'-- 10
omit, insert-- 11
`Example for'. 12
6 Section 113-- 13
omit, insert-- 14
`113 Officials not civilly liable 15
`(1) An official is not civilly liable for an act done, or omission 16
made, honestly and on reasonable grounds under this Act. 17
`(2) If subsection (1) prevents a civil liability attaching to an 18
official, the liability attaches instead to the State. 19
`(3) In this section-- 20
official means-- 21
(a) the chief executive; or 22
(b) an authorised officer; or 23
(c) a public service employee.'. 24
66
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Schedule 2 (continued)
7 Part 8, heading, `and consequential amendments'-- 1
omit. 2
8 Section 118, heading, `pt 8'-- 3
omit, insert-- 4
`pt 9'. 5
9 Section 120(2)(a), after `conditions and restrictions' 6
(second mention)-- 7
insert-- 8
`to which'. 9
10 Schedule 3, definition commencement, after 10
`commencement'-- 11
insert-- 12
`,'. 13
11 Schedule 3, definition property register, `section 53'-- 14
omit, insert-- 15
`section 53(1)'. 16
Security Providers Act 1993 17
1 Section 48(4)(b)-- 18
omit, insert-- 19
`(b) the department's public service employees;'. 20
67
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Schedule 2 (continued)
2 Section 49(1), definition official-- 1
insert-- 2
`(d) a public service employee.'. 3
3 Section 52, from `to an officer'-- 4
omit, insert-- 5
`to an appropriately qualified public service employee. 6
`(2) In this section-- 7
appropriately qualified includes having the qualifications, 8
experience or standing appropriate to the exercise of the 9
power. 10
11
Example--
12
a person's classification level in the public service'.
South Bank Corporation Act 1989 13
1 Schedule 4, section 39(3)(k), `restricted'-- 14
omit, insert-- 15
`resident'. 16
2 Schedule 4, section 53(14), `restricted'-- 17
omit, insert-- 18
`resident'. 19
68
Property Agents and Motor Dealers and Other Acts
Amendment Bill 2005
Schedule 2 (continued)
Travel Agents Act 1988 1
1 Section 8-- 2
omit. 3
© State of Queensland 2005
[Index] [Search] [Download] [Related Items] [Help]