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Queensland
Property Agents and Motor
Dealers and Other Legislation
Amendment Bill 2010
Queensland
Property Agents and Motor Dealers and
Other Legislation Amendment Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of ch 11 (Residential property sales) . . . . . . . . . . . . 6
5 Insertion of new ch 19, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 8 Transitional provisions for Property Agents and
Motor Dealers and Other Legislation
Amendment Act 2010
644 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
645 Matters relating to termination of pre-amendment
relevant contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
646 Matters relating to withdrawal of offers under
s 365(3) of pre-amended chapter 11 . . . . . . . . . . . . . 20
647 Termination relating to proposed relevant contract
under pre-amended chapter 11 that became or
becomes a relevant contract . . . . . . . . . . . . . . . . . . . 20
648 Pre-amendment relevant contract may be
terminated under s 370A . . . . . . . . . . . . . . . . . . . . . . 21
649 Matters relating to cooling-off period for
pre-amendment relevant contracts . . . . . . . . . . . . . . . 22
650 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
651 Amendment of subordinate legislation does not
affect powers of Governor in Council . . . . . . . . . . . . . 23
Part 3 Amendment of the Body Corporate and Community
Management Act 1997
6 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
7 Amendment of s 205A (Definitions for ch 5). . . . . . . . . . . . . . . . . 24
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Contents
8 Amendment of s 205B (Relationship with Electronic
Transactions (Queensland) Act . . . . . . . . . . . . . . . . . . . . . . . . . . 24
9 Amendment of s 206 (Information to be given by seller to buyer) 25
10 Replacement of s 206A (How the information sheet must be
given for s 206(5)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
206A Termination of contract for contravention of the
Property Agents and Motor Dealers Act 2000,
s 368A(2)(c)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
11 Amendment of s 209 (Cancelling contract for inaccuracy of
disclosure statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
12 Amendment of s 210 (Cancellation under this part) . . . . . . . . . . . 27
13 Amendment of s 212A (Buyer may cancel if there is no
proposed community management statement) . . . . . . . . . . . . . . 27
14 Amendment of s 213 (Information to be given by seller to buyer) 28
15 Replacement of s 213A (How the information sheet must be
given for s 213(5)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
213A Termination of contract for contravention of the
Property Agents and Motor Dealers Act 2000,
s 368A(2)(c)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
16 Amendment of s 214 (Variation of disclosure statement by
further statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
17 Amendment of s 217 (Cancelling contract for inaccuracy of
statement) ................................... 30
18 Amendment of s 218 (Cancellation under this part) . . . . . . . . . . . 30
19 Amendment of s 221 (Part's purpose) . . . . . . . . . . . . . . . . . . . . . 31
20 Amendment of s 222 (Effect of warranties and right to cancel) . . 31
21 Amendment of s 224 (Cancellation for breach of warranty) . . . . . 31
22 Insertion of new ch 8, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 8 Transitional provisions for the Property Agents
and Motor Dealers and Other Legislation
Amendment Act 2010
368 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
369 Matters relating to cancellation of pre-amendment
contracts ............................. 33
370 Termination relating to particular contracts for sale
of lots that are not residential property . . . . . . . . . . . . 33
371 Termination relating to particular contracts for sale
of lots that are residential property . . . . . . . . . . . . . . . 34
372 Termination relating to particular contracts for sale
of proposed lots that are not residential property . . . . 35
373 Termination relating to particular contracts for sale
of proposed lots that are residential property . . . . . . . 36
Page 2
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Contents
23 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 38
Part 4 Other amendments
24 Legislation amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . 39
Schedule Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Property Agents and Motor Dealers Act 2000 . . . . . . . . . . . . . . . 40
Property Agents and Motor Dealers Regulation 2001 . . . . . . . . . 50
Page 3
2010
A Bill
for
An Act to amend the Property Agents and Motor Dealers Act
2000, the Body Corporate and Community Management Act
1997 and the Property Agents and Motor Dealers Regulation
2001 for particular purposes
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 1 Preliminary
[s 1]
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 Legislation Amendment Act 2010. 5
Clause 2 Commencement 6
This Act commences on 1 October 2010. 7
Part 2 Amendment of Property Agents 8
and Motor Dealers Act 2000 9
Clause 3 Act amended in pt 2 and schedule 10
This part and the schedule amend the Property Agents And 11
Motor Dealers Act 2000. 12
Clause 4 Amendment of ch 11 (Residential property sales) 13
Chapter 11, parts 1 to 3-- 14
omit, insert-- 15
`Part 1 Preliminary 16
`363 Purposes of ch 11 17
`The purposes of this chapter are-- 18
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
(a) to give persons who enter into relevant contracts as 1
buyers a cooling-off period; and 2
(b) to require all proposed relevant contracts and relevant 3
contracts for the sale of residential property in 4
Queensland to have consumer protection information 5
attached, including information stating that a relevant 6
contract is subject to a cooling-off period; and 7
(c) to enhance consumer protection for buyers of residential 8
property by ensuring, as far as practicable, the 9
independence of lawyers acting for buyers; and 10
(d) to impose obligations on seller's agents, under part 5, 11
about the advertising and availability of information on 12
sustainable housing measures for the sale of particular 13
residential property. 14
`364 Definitions for ch 11 15
`In this chapter-- 16
attached, in relation to a warning statement, any information 17
sheet and a proposed relevant contract or relevant contract, 18
means-- 19
(a) if the documents are given other than by electronic 20
communication--attached in a secure way so that the 21
warning statement, any information sheet and the 22
proposed relevant contract or relevant contract appear to 23
be a single document; or 24
Examples of ways a warning statement and any information sheet 25
may be attached to a proposed relevant contract or relevant 26
contract-- 27
· binding 28
· stapling 29
(b) if the documents are given by electronic 30
communication--given by electronic communication at 31
the same time or, if the method of electronic 32
communication is by fax, as near as possible to the same 33
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
time having regard to the normal operation of fax 1
machines. 2
Example-- 3
by including the documents in a single email 4
benefit means monetary or other benefit. 5
business day means a day other than a Saturday, Sunday or 6
public holiday. 7
buyer, in relation to a matter, includes the buyer's agent 8
authorised to act for the buyer in relation to the matter. 9
cooling-off period see section 369. 10
electronic communication see the Electronic Transactions 11
(Queensland) Act 2001, schedule 2. 12
formed on a sale by auction means formed on sale by 13
auction-- 14
(a) directly on the fall of the hammer, by outcry; or 15
(b) directly at the end of another similar type of competition 16
for purchase. 17
Examples-- 18
1 A contract for the sale of property is formed on a sale by auction 19
when the auctioneer declares the property sold on the fall of the 20
hammer. 21
2 A contract for the sale of property is not formed on a sale by 22
auction when the property is passed in at auction and a bidder 23
subsequently negotiates and purchases the property. 24
3 A contract for the sale of property is not formed on a sale by 25
auction when the contract arises directly out of a sale by tender 26
process. 27
information sheet means an information sheet in the form 28
approved under the Body Corporate and Community 29
Management Act 1997, section 206(6) or 213(5A). 30
relevant contract means a contract for the sale of residential 31
property in Queensland, other than a contract formed on a sale 32
by auction. 33
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
seller, in relation to a matter, includes the seller's agent 1
authorised to act for the seller in relation to the matter. 2
termination penalty, in relation to a relevant contract, means 3
an amount equal to 0.25% of the purchase price under the 4
relevant contract. 5
unit sale means a sale of a lot included in a community titles 6
scheme, or proposed to be included in a community titles 7
scheme, within the meaning of the Body Corporate and 8
Community Management Act 1997. 9
warning statement means a statement in the approved form 10
that includes the information mentioned in section 368(1). 11
`365 Relationship with Electronic Transactions (Queensland) 12
Act 13
`To remove any doubt, it is declared that the use of electronic 14
communication under this chapter is subject to the Electronic 15
Transactions (Queensland) Act 2001. 16
Note-- 17
For example, see the Electronic Transactions (Queensland) Act 2001, 18
section 11 for a requirement about consent and section 24 for rules 19
about when an electronic communication is received. 20
`Part 2 Independence of lawyers and 21
particular valuations 22
`366 Lawyer's disclosure to buyer about independence 23
`(1) This section applies if a proposed buyer or buyer (in either 24
case, the buyer) engages a lawyer in relation to the proposed 25
purchase or purchase of a residential property under a 26
proposed relevant contract or a relevant contract. 27
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
`(2) The lawyer must give the buyer a lawyer's certificate in the 1
approved form and explain to the buyer the purpose and 2
nature of the certificate. 3
`(3) The lawyer's certificate must be signed and dated by the 4
lawyer and must state-- 5
(a) whether the lawyer is independent of the seller, the 6
seller's agents and anyone else involved in the sale, or 7
promotion of the sale, or provision of a service in 8
relation to the sale, of the property and whether the 9
lawyer has a business, family or other relationship with 10
any of those persons; and 11
(b) whether the lawyer has received, is receiving, or expects 12
to receive a benefit in relation to the sale, or for 13
promoting the sale, or for providing a service in relation 14
to the sale, of the property, other than professional costs 15
and disbursements payable by the buyer; and 16
(c) the lawyer has explained to the buyer the purpose and 17
nature of the certificate. 18
`367 Buyer to receive copy of property valuation buyer pays 19
for 20
`(1) This section applies if, for a relevant contract-- 21
(a) it is a term of the relevant contract that the buyer must 22
pay for a valuation of the property that, under the 23
relevant contract, is not required to have been given to 24
the buyer before the relevant contract is entered into; or 25
(b) the seller or the seller's agent otherwise requires that the 26
buyer must pay for a valuation of the property that is not 27
required to be given or to have been given to the buyer 28
before the relevant contract is entered into. 29
`(2) Despite the term or requirement, the seller or seller's agent 30
commits an offence if the seller or agent fails to give the buyer 31
a copy of the valuation before the relevant contract is entered 32
into. 33
Maximum penalty--200 penalty units. 34
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
`(3) The term or requirement is effective only if, before the 1
relevant contract was entered into by the buyer, the buyer 2
received the valuation and, in writing, acknowledged the 3
receipt. 4
`(4) Subsection (3) does not affect subsection (2). 5
`(5) A contravention of subsection (2) does not affect the validity 6
of the relevant contract. 7
`Part 3 Warning statements for 8
proposed relevant contracts 9
and relevant contracts 10
`368 Content and effectiveness of warning statement 11
`(1) A warning statement for a proposed relevant contract or 12
relevant contract must include the following information-- 13
(a) the relevant contract is subject to a cooling-off period; 14
(b) when the cooling-off period starts and ends; 15
(c) a recommendation that the proposed buyer or buyer seek 16
independent legal advice about the proposed relevant 17
contract or relevant contract before the cooling-off 18
period ends; 19
(d) a recommendation that the proposed buyer or buyer seek 20
an independent valuation of the property before the 21
cooling-off period ends; 22
(e) what will happen if the buyer terminates the relevant 23
contract before the cooling-off period ends; 24
(f) the percentage of the purchase price that will not be 25
refunded from the deposit if the relevant contract is 26
terminated before the cooling-off period ends; 27
(g) if the seller under the proposed relevant contract or 28
relevant contract is a property developer, that a person 29
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
who suffers financial loss because of, or arising out of, 1
the person's dealings with a property developer or the 2
property developer's employees can not make a claim 3
against the claim fund. 4
`(2) A statement purporting to be a warning statement is of no 5
effect unless the words on the statement are presented in 6
substantially the same way as the words are presented on the 7
approved form. 8
`368A Warning statement etc. if proposed relevant contract is 9
given to buyer for signing 10
`(1) This section applies-- 11
(a) if a proposed relevant contract is given to a proposed 12
buyer by a seller for signing; and 13
(b) whether or not the proposed relevant contract has been 14
signed by the seller. 15
`(2) When the seller gives the proposed relevant contract to the 16
proposed buyer the seller must-- 17
(a) have a warning statement attached to the proposed 18
relevant contract; and 19
(b) if the proposed relevant contract relates to a unit sale, 20
have an information sheet attached to the proposed 21
relevant contract; and 22
(c) give the proposed buyer a clear statement directing the 23
proposed buyer's attention to-- 24
(i) the warning statement and proposed relevant 25
contract; and 26
(ii) if the proposed relevant contract relates to a unit 27
sale, the information sheet. 28
Example of a clear statement-- 29
Suppose that when a proposed relevant contract for a unit sale, 30
warning statement and information sheet are given to a proposed 31
buyer those documents are accompanied by a covering letter. 32
The letter could include a clear statement as follows-- 33
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
`Your attention is drawn to the warning statement, information 1
sheet and proposed relevant contract accompanying this letter.'. 2
`(3) To remove any doubt, it is declared that a person contravenes 3
subsection (2)(c)(i) or (ii) if at the time the statement is given 4
the warning statement or information sheet is not attached to 5
the proposed relevant contract. 6
`(4) For this section a proposed relevant contract does not become 7
another proposed relevant contract merely because, as a result 8
of negotiations, the terms and conditions of the proposed 9
relevant contract change if the residential property concerned 10
and the parties remain the same. 11
`(5) For subsection (4) it is immaterial whether the proposed 12
relevant contract is textually amended to show the changed 13
terms and conditions or another proposed relevant contract 14
form is prepared that incorporates the changes. 15
`(6) If subsection (2) is contravened-- 16
(a) if the seller personally gave the proposed relevant 17
contract--the seller personally; or 18
(b) if the seller's agent gave the proposed relevant 19
contract--the seller's agent; 20
commits an offence. 21
Maximum penalty--200 penalty units. 22
`(7) It is a defence to a prosecution for an offence against 23
subsection (6) for the seller or the seller's agent to prove that 24
the seller or the seller's agent gave notice to the proposed 25
buyer under section 368B. 26
`368B Defence for s 368A(6) 27
`(1) This section applies if, before a proposed relevant contract 28
becomes a relevant contract, the seller or the seller's agent 29
contravenes a requirement of section 368A(2) for the 30
proposed relevant contract. 31
`(2) For the defence mentioned in section 368A(7), the seller or 32
the seller's agent may notify the proposed buyer of the failure 33
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
to comply at any time before the proposed relevant contract 1
becomes a relevant contract. 2
`(3) The notice must identify the failure to comply and-- 3
(a) state that the proposed relevant contract is withdrawn; 4
and 5
(b) advise whether new documents complying with the 6
requirements of section 368A(2) will be given to the 7
proposed buyer. 8
`368C Warning statement must be attached to relevant contract 9
`(1) This section applies when a seller gives a buyer a copy of the 10
relevant contract. 11
`(2) The seller must-- 12
(a) have the warning statement mentioned in section 13
368A(2)(a) attached to the relevant contract; and 14
(b) if the relevant contract relates to a unit sale, have the 15
information sheet mentioned in section 368A(2)(b) 16
attached to the relevant contract. 17
`(3) If subsection (2) is contravened-- 18
(a) if the seller personally gave the buyer a copy of the 19
relevant contract--the seller personally; or 20
(b) if the seller's agent gave the buyer a copy of the relevant 21
contract--the seller's agent; 22
commits an offence. 23
Maximum penalty for subsection (3)--200 penalty units. 24
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
`Part 3A Waiving and shortening 1
cooling-off periods 2
`369 Cooling-off period 3
`(1) The cooling-off period, for a relevant contract, is a period of 5 4
business days-- 5
(a) starting on-- 6
(i) the day the buyer receives a copy of the relevant 7
contract from the seller; or 8
(ii) if the buyer receives a copy of the relevant contract 9
from the seller on a day other than a business day, 10
the first business day after the day the buyer 11
receives the copy from the seller; and 12
(b) ending at 5p.m. on the fifth business day. 13
Example-- 14
Assume the buyer receives a copy of the relevant contract from the seller 15
at any time on a Monday. Assume also that the cooling-off period is not 16
affected by a day that is not a business day. The cooling-off period ends 17
at 5p.m. on the following Friday. 18
`(2) For subsection (1), if the buyer signs the relevant contract 19
after the seller signed it, the buyer is taken to have received a 20
copy of the relevant contract from the seller when the buyer 21
has both signed the relevant contract and communicated the 22
buyer's acceptance of the seller's offer to the seller. 23
`369A Waiving cooling-off period 24
`(1) A person who proposes to enter into a relevant contract as a 25
buyer (the buyer) may only waive the cooling-off period for 26
the relevant contract by giving the seller under the proposed 27
relevant contract a lawyer's certificate in the approved form. 28
`(2) The lawyer's certificate must be given to the seller before the 29
buyer and the seller enter into the relevant contract. 30
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
`(3) The lawyer's certificate must be signed and dated by the 1
lawyer giving the certificate and confirm the following by 2
stating-- 3
(a) the lawyer is independent of the seller, the seller's 4
agents and anyone else involved in the sale, or 5
promotion of the sale, or provision of a service in 6
relation to the sale, of the property and has no business, 7
family or other relationship with any of those persons; 8
(b) the lawyer has not received, is not receiving, and does 9
not expect to receive a benefit in relation to the sale, or 10
for promoting the sale, or for providing a service in 11
relation to the sale, of the property, other than 12
professional costs and disbursements payable by the 13
buyer; 14
(c) the lawyer has explained to the buyer-- 15
(i) the effect of a relevant contract in terms of the 16
proposed relevant contract; and 17
(ii) the purpose and nature of the certificate; and 18
(iii) the legal effect of the buyer giving the certificate to 19
the seller. 20
`369B Shortening cooling-off period 21
`(1) A buyer under a relevant contract may only shorten the 22
cooling-off period for the relevant contract by giving the seller 23
a lawyer's certificate in the approved form. 24
`(2) The lawyer's certificate must be signed and dated by the 25
lawyer giving the certificate and confirm the following by 26
stating-- 27
(a) the lawyer is independent of the seller, the seller's 28
agents and anyone else involved in the sale, or 29
promotion of the sale, or provision of a service in 30
relation to the sale, of the property and has no business, 31
family or other relationship with any of those persons; 32
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
(b) the lawyer has not received, is not receiving, and does 1
not expect to receive a benefit in relation to the sale, or 2
for promoting the sale, or for providing a service in 3
relation to the sale, of the property, other than 4
professional costs and disbursements payable by the 5
buyer; 6
(c) the lawyer has explained to the buyer-- 7
(i) the effect of the relevant contract; and 8
(ii) the purpose and nature of the certificate; and 9
(iii) the legal effect of the buyer giving the certificate to 10
the seller. 11
`(3) The giving of a lawyer's certificate under this section is 12
effective to shorten the period to 5p.m. (or another stated 13
time) on the day stated in the certificate. 14
`Part 3B Terminating relevant contracts 15
`370 Buyer may terminate relevant contract in certain 16
circumstance if clear statement is not given under s 17
368A(2)(c)(i) 18
`(1) This section applies if a seller personally or a seller's agent 19
fails to comply with section 368A(2)(c)(i). 20
`(2) Subject to subsections (3) and (4), if the proposed relevant 21
contract concerned becomes a relevant contract, the buyer 22
may terminate the relevant contract at any time before it 23
settles by giving signed, dated notice of termination to the 24
seller. 25
`(3) The buyer may not terminate the relevant contract if the buyer 26
signed the warning statement attached to the proposed 27
relevant contract under section 368A(2)(a) before the buyer 28
signed the proposed relevant contract. 29
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 4]
`(4) The termination must happen not later than 90 days after the 1
day the buyer receives a copy of the relevant contract from the 2
seller. 3
`(5) The notice of termination must state that the relevant contract 4
is terminated under this section. 5
`(6) If the relevant contract is terminated, the seller must, within 6
14 days after the termination, refund any deposit paid under 7
the relevant contract to the buyer. 8
Maximum penalty--200 penalty units. 9
`(7) If the relevant contract is terminated, the seller personally or 10
the seller's agent is liable to the buyer for the buyer's 11
reasonable legal and other expenses incurred by the buyer in 12
relation to the relevant contract after the buyer signed the 13
relevant contract. 14
`(8) An amount payable to the buyer under this section is 15
recoverable as a debt. 16
`370A Terminating relevant contract during cooling-off period 17
`(1) A buyer who has not waived the cooling-off period for a 18
relevant contract under section 369A may terminate the 19
contract at any time during the cooling-off period or, if that 20
period has been shortened under section 369B, the shortened 21
period, by giving a signed, dated notice of termination to the 22
seller. 23
`(2) The notice of termination must state that the relevant contract 24
is terminated under this section. 25
`(3) The seller may deduct from any deposit paid under the 26
relevant contract an amount not greater than the termination 27
penalty. 28
`(4) The seller must, within 14 days after the relevant contract is 29
terminated, refund to the buyer-- 30
(a) any deposit paid under the relevant contract; or 31
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 5]
(b) the balance of any deposit paid under the relevant 1
contract after deducting an amount of not more than the 2
termination penalty. 3
Maximum penalty--200 penalty units. 4
`(5) An amount payable to the buyer under subsection (4) is 5
recoverable as a debt.'. 6
Clause 5 Insertion of new ch 19, pt 8 7
Chapter 19, after section 643-- 8
insert-- 9
`Part 8 Transitional provisions for 10
Property Agents and Motor 11
Dealers and Other Legislation 12
Amendment Act 2010 13
`644 Definitions for pt 8 14
`In this part-- 15
amended chapter 11 means chapter 11 as in force after the 16
commencement. 17
commencement means the commencement of this section. 18
pre-amended chapter 11 means chapter 11 as in force before 19
the commencement. 20
pre-amendment relevant contract means a contract that is a 21
relevant contract under pre-amended chapter 11 immediately 22
before the commencement. 23
`645 Matters relating to termination of pre-amendment 24
relevant contracts 25
`(1) A pre-amendment relevant contract can not be terminated 26
under pre-amended chapter 11 after the commencement. 27
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Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 5]
`(2) The termination, under pre-amended chapter 11, of a 1
pre-amendment relevant contract having effect immediately 2
before the commencement continues to have effect. 3
`646 Matters relating to withdrawal of offers under 4
s 365(3) of pre-amended chapter 11 5
`(1) Subsection (2) applies if, immediately before the 6
commencement, a buyer under a relevant contract could have 7
withdrawn the offer to purchase under section 365(3) of 8
pre-amendment chapter 11 because the buyer and seller were 9
not bound by the relevant contract under section 365(1) of 10
pre-amendment chapter 11. 11
`(2) The buyer can not withdraw the offer for that reason after the 12
commencement. 13
`(3) The withdrawal of an offer to purchase under section 365(3) 14
of pre-amendment chapter 11 having effect immediately 15
before the commencement continues to have effect. 16
`647 Termination relating to proposed relevant contract 17
under pre-amended chapter 11 that became or 18
becomes a relevant contract 19
`(1) This section applies if a proposed relevant contract under 20
pre-amended chapter 11 was given to a proposed buyer by a 21
seller or a seller's agent before the commencement and the 22
proposed relevant contract became or becomes a relevant 23
contract before, on or after the commencement. 24
`(2) The relevant contract may be terminated under section 370 25
and, for that purpose, the section applies with all necessary 26
and convenient changes and the changes mentioned in 27
subsection (3). 28
`(3) For applying section 370 in relation to the relevant contract-- 29
(a) a reference in subsection (1) of the section to `fails to 30
comply with section 368A(2)(c)(i)' is taken to be a 31
reference to `failed to give the proposed buyer under the 32
proposed relevant contract a clear statement directing 33
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 5]
the proposed buyer's attention to a warning statement 1
and the proposed relevant contract when the seller or the 2
seller's agent gave the proposed relevant contract to the 3
proposed buyer'; and 4
(b) the reference in subsection (2) of the section to 5
`becomes' is taken to be a reference to `became or 6
becomes'; and 7
(c) in subsection (3) of the section all words from `if' to 8
`368A(2)(a)' are taken to be omitted and to be replaced 9
by the words `if the warning statement was attached to 10
the proposed relevant contract and the buyer signed the 11
warning statement'; and 12
(d) the reference in subsection (4) of the section to 13
`receives' is taken to be a reference to `received or 14
receives'. 15
`(4) For section 370(1) as applying under subsection (3)(a), it is 16
declared that a person failed to give a clear statement directing 17
attention to the warning statement if, at the time the clear 18
statement was given, the warning statement was not attached 19
to the proposed relevant contract. 20
`(5) For applying section 370 as mentioned in subsections (2) to 21
(4)-- 22
(a) a reference in that section to a warning statement is a 23
reference to a warning statement under pre-amended 24
chapter 11; and 25
(b) the word `attached' has the meaning it has in amended 26
chapter 11. 27
`(6) In this section-- 28
attached see section 364. 29
`648 Pre-amendment relevant contract may be 30
terminated under s 370A 31
`(1) A pre-amendment relevant contract may be terminated under 32
section 370A and, for that purpose, the section applies with all 33
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
[s 5]
necessary and convenient changes and with the changes 1
mentioned in subsection (2). 2
`(2) For applying section 370A, in relation to a pre-amendment 3
relevant contract for which the cooling-off period under 4
pre-amended chapter 11 had started but not ended before the 5
commencement, the references in that section to sections 6
369A and 369B are taken to be references to sections 369 and 7
370 of pre-amended chapter 11. 8
`649 Matters relating to cooling-off period for 9
pre-amendment relevant contracts 10
`(1) The cooling-off period for a pre-amendment relevant contract 11
that has started under pre-amended chapter 11 but not ended 12
before the commencement is the cooling-off period for the 13
contract under amended chapter 11. 14
`(2) The waiving or shortening, under pre-amended chapter 11, of 15
the cooling-off period relating to a pre-amendment relevant 16
contract having effect immediately before the commencement 17
continues to have effect for amended chapter 11. 18
`(3) Subsection (4) applies if, immediately before the 19
commencement, the cooling-off period for a pre-amendment 20
relevant contract had not started because the buyer under the 21
contract was not bound by it under section 365 of 22
pre-amended chapter 11. 23
`(4) For the definition cooling-off period applying for amended 24
chapter 11-- 25
(a) if, at the commencement, the buyer has received from 26
the seller a copy of the pre-amendment relevant 27
contract--the buyer is taken to have received the copy 28
on the commencement; or 29
(b) otherwise--the definition applies according to its terms. 30
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 6]
`650 Offences 1
`(1) This section applies if a person is alleged to have committed, 2
before the commencement, an offence against a prescribed 3
provision. 4
`(2) Proceedings for the offence may be continued or started and 5
the court may hear and decide the proceedings, as if the 6
Property Agents and Motor Dealers and Other Legislation 7
Amendment Act 2010 had not been enacted. 8
`(3) This section applies despite the Criminal Code, section 11. 9
`(4) In this section-- 10
prescribed provision means chapter 11, part 1, 2 or 3, or 11
section 130, 170, 207, 265, 281, 327(1)(b) or (3)(b), 341 or 12
375 of the pre-amended Act. 13
pre-amended Act means this Act as in force before the 14
commencement. 15
`651 Amendment of subordinate legislation does not 16
affect powers of Governor in Council 17
`The amendment of the Property Agents and Motor Dealers 18
Regulation 2001 by the Property Agents and Motor Dealers 19
and Other Legislation Amendment Act 2010 does not affect 20
the power of the Governor in Council to further amend the 21
regulation or to repeal it.'. 22
Part 3 Amendment of the Body 23
Corporate and Community 24
Management Act 1997 25
Clause 6 Act amended 26
This part amends the Body Corporate and Community 27
Management Act 1997. 28
Page 23
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 7]
Clause 7 Amendment of s 205A (Definitions for ch 5) 1
(1) Section 205A, definitions attach and warning statement-- 2
omit. 3
(2) Section 205A-- 4
insert-- 5
`attached, in relation to an information sheet and a contract, 6
means-- 7
(a) if the documents are given other than by electronic 8
communication--attached in a secure way so that the 9
information sheet and the contract appear to be a single 10
document; or 11
Examples of ways an information sheet may be attached to a 12
contract-- 13
· binding 14
· stapling 15
(b) if the documents are given by electronic 16
communication--given by electronic communication at 17
the same time or, if the method of electronic 18
communication is by fax, as near as possible to the same 19
time having regard to the normal operation of fax 20
machines. 21
Example-- 22
by including the documents in a single email'. 23
Clause 8 Amendment of s 205B (Relationship with Electronic 24
Transactions (Queensland) Act 25
Section 205B-- 26
insert-- 27
`Note-- 28
For example, see the Electronic Transactions (Queensland) Act 2001, 29
section 11 for a requirement about consent, and section 24 for rules 30
about when an electronic communication is received.'. 31
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 9]
Clause 9 Amendment of s 206 (Information to be given by seller to 1
buyer) 2
(1) Section 206(5) and (6)-- 3
omit, insert-- 4
`(5) If the lot the subject of the contract is not residential property, 5
the seller must have an information sheet in the approved form 6
attached to the contract when the contract is given to the 7
buyer. 8
`(6) A form may be approved under section 320 for an information 9
sheet for a lot that is residential property. 10
Note-- 11
See the Property Agents and Motor Dealers Act 2000, section 364, 12
definition information sheet.'. 13
(2) Section 206(7), `cancel'-- 14
omit, insert-- 15
`terminate'. 16
(3) Section 206(7)(b)-- 17
omit, insert-- 18
`(b) the lot the subject of the contract is not residential 19
property and the seller has not complied with subsection 20
(5).'. 21
Clause 10 Replacement of s 206A (How the information sheet must 22
be given for s 206(5)) 23
Section 206A-- 24
omit, insert-- 25
`206A Termination of contract for contravention of the 26
Property Agents and Motor Dealers Act 2000, 27
s 368A(2)(c)(ii) 28
`(1) This section applies if the lot the subject of the contract is 29
residential property and the seller or the seller's agent fails to 30
give the clear statement relating to an information sheet in the 31
Page 25
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 11]
approved form as required by the Property Agents and Motor 1
Dealers Act 2000, section 368A(2)(c)(ii). 2
`(2) Subject to subsections (3) and (4), the buyer may terminate 3
the contract at any time before it settles by giving signed, 4
dated notice of termination to the seller. 5
`(3) The buyer may not terminate the contract if the buyer signed 6
the information sheet attached to the contract form under the 7
Property Agents and Motor Dealers Act 2000, section 8
368A(2)(b) before the buyer signed the contract form. 9
`(4) The termination must happen not later than 90 days after the 10
day the buyer receives a copy of the contract from the seller. 11
`(5) The notice of termination must state that the contract is 12
terminated under this section. 13
`(6) If the contract is terminated, the seller must, within 14 days 14
after the termination, repay to the buyer any amount paid to 15
the seller towards the purchase of the lot. 16
Maximum penalty--200 penalty units. 17
`(7) If the contract is terminated, the seller or the seller's agent is 18
liable to the buyer for the buyer's reasonable legal and other 19
expenses incurred by the buyer in relation to the contract after 20
the buyer signed the contract form. 21
`(8) An amount payable to the buyer under this section is 22
recoverable as a debt. 23
`(9) In this section-- 24
contract form means the contract form that is the proposed 25
relevant contract mentioned in the Property Agents and Motor 26
Dealers Act 2000, section 368A.'. 27
Clause 11 Amendment of s 209 (Cancelling contract for inaccuracy 28
of disclosure statement) 29
(1) Section 209, heading, `Cancelling'-- 30
omit, insert-- 31
`Terminating'. 32
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 12]
(2) Section 209(1), `cancel'-- 1
omit, insert-- 2
`terminate'. 3
(3) Section 209(1)(c), `cancellation'-- 4
omit, insert-- 5
`termination'. 6
(4) Section 209(1)(c)(i), `cancelled'-- 7
omit, insert-- 8
`terminated'. 9
(5) Section 209(1)(c)(ii), `cancelling'-- 10
omit, insert-- 11
`terminating'. 12
Clause 12 Amendment of s 210 (Cancellation under this part) 13
(1) Section 210, heading, `Cancellation'-- 14
omit, insert-- 15
`Termination'. 16
(2) Section 210, `cancels'-- 17
omit, insert-- 18
`terminates'. 19
(3) Section 210, after `of the contract'-- 20
insert-- 21
`within 14 days after the termination'. 22
Clause 13 Amendment of s 212A (Buyer may cancel if there is no 23
proposed community management statement) 24
(1) Section 212A, heading, `cancel'-- 25
omit, insert-- 26
Page 27
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 14]
`terminate'. 1
(2) Section 212A(3), `cancel'-- 2
omit, insert-- 3
`terminate'. 4
Clause 14 Amendment of s 213 (Information to be given by seller to 5
buyer) 6
(1) Section 213(5) and (5A)-- 7
omit, insert-- 8
`(5) If the proposed lot the subject of the contract is not residential 9
property, the seller must have an information sheet in the 10
approved form attached to the contract when the contract is 11
given to the buyer. 12
`(5A) A form may be approved under section 320 for an information 13
sheet for a proposed lot that is residential property. 14
Note-- 15
See the Property Agents and Motor Dealers Act 2000, section 364, 16
definition information sheet.'. 17
(2) Section 213(6), `cancel'-- 18
omit, insert-- 19
`terminate'. 20
(3) Section 213(6)(b)-- 21
omit, insert-- 22
`(b) the lot the subject of the contract is not residential 23
property and the seller has not complied with subsection 24
(5).'. 25
Clause 15 Replacement of s 213A (How the information sheet must 26
be given for s 213(5)) 27
Section 213A-- 28
omit, insert-- 29
Page 28
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 15]
`213A Termination of contract for contravention of the 1
Property Agents and Motor Dealers Act 2000, 2
s 368A(2)(c)(ii) 3
`(1) This section applies if the proposed lot the subject of the 4
contract is residential property and the seller or the seller's 5
agent fails to give the clear statement relating to an 6
information sheet in the approved form as required by the 7
Property Agents and Motor Dealers Act 2000, section 8
368A(2)(c)(ii). 9
`(2) Subject to subsections (3) and (4), the buyer may terminate 10
the contract at any time before it settles by giving signed, 11
dated notice of termination to the seller. 12
`(3) The buyer may not terminate the contract if the buyer signed 13
the information sheet attached to the contract form under the 14
Property Agents and Motor Dealers Act 2000, section 15
368A(2)(b) before the buyer signed the contract form. 16
`(4) The termination must happen not later than 90 days after the 17
day the buyer receives a copy of the contract from the seller. 18
`(5) The notice of termination must state that the contract is 19
terminated under this section. 20
`(6) If the contract is terminated, the seller must, within 14 days 21
after the termination, repay to the buyer any amount paid to 22
the seller towards the purchase of the proposed lot. 23
Maximum penalty--200 penalty units. 24
`(7) If the contract is terminated, the seller or the seller's agent is 25
liable to the buyer for the buyer's reasonable legal and other 26
expenses incurred by the buyer in relation to the contract after 27
the buyer signed the contract. 28
`(8) An amount payable to the buyer under this section is 29
recoverable as a debt. 30
`(9) In this section-- 31
contract form means the contract form that is the proposed 32
relevant contract mentioned in the Property Agents and Motor 33
Dealers Act 2000, section 368A. 34
Page 29
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 16]
proposed lot has the same meaning as the term has in section 1
213.'. 2
Clause 16 Amendment of s 214 (Variation of disclosure statement 3
by further statement) 4
(1) Section 214(4), `cancel'-- 5
omit, insert-- 6
`terminate'. 7
(2) Section 214(4)(c), `cancellation'-- 8
omit, insert-- 9
`termination'. 10
Clause 17 Amendment of s 217 (Cancelling contract for inaccuracy 11
of statement) 12
(1) Section 217, heading, `Cancelling'-- 13
omit, insert-- 14
`Terminating'. 15
(2) Section 217, `cancel'-- 16
omit, insert-- 17
`terminate'. 18
(3) Section 217(d),'cancellation'-- 19
omit, insert-- 20
`termination'. 21
Clause 18 Amendment of s 218 (Cancellation under this part) 22
(1) Section 218, heading, `Cancellation'-- 23
omit, insert-- 24
`Termination'. 25
(2) Section 218, `cancels'-- 26
Page 30
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 19]
omit, insert-- 1
`terminates'. 2
(3) Section 218, after `of the contract'-- 3
insert-- 4
`within 14 days after the termination'. 5
Clause 19 Amendment of s 221 (Part's purpose) 6
Section 221(b), `cancel'-- 7
omit, insert-- 8
`terminate'. 9
Clause 20 Amendment of s 222 (Effect of warranties and right to 10
cancel) 11
Section 222, `cancel'-- 12
omit, insert-- 13
`terminate'. 14
Clause 21 Amendment of s 224 (Cancellation for breach of 15
warranty) 16
(1) Section 224, heading, `Cancellation'-- 17
omit, insert-- 18
`Termination'. 19
(2) Section 224(1), `cancel'-- 20
omit, insert-- 21
`terminate'. 22
(3) Section 224(1), `cancelled'-- 23
omit, insert-- 24
`terminated'. 25
(4) Section 224(3), `cancels'-- 26
Page 31
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 22]
omit, insert-- 1
`terminates'. 2
(5) Section 224(3), after `of the contract'-- 3
insert-- 4
`within 14 days after the termination'. 5
Clause 22 Insertion of new ch 8, pt 8 6
Chapter 8-- 7
insert-- 8
`Part 8 Transitional provisions for the 9
Property Agents and Motor 10
Dealers and Other Legislation 11
Amendment Act 2010 12
`368 Definitions for pt 8 13
`In this part-- 14
amended chapter 5 means chapter 5 as in force after the 15
commencement. 16
commencement means the commencement of this section. 17
pre-amended provisions means sections 205A, 206, 206A, 18
213 and 213A as in force before the commencement. 19
pre-amendment contract means a pre-amendment 20
non-residential contract or a pre-amendment residential 21
contract. 22
pre-amendment non-residential contract means a contract to 23
which the pre-amended provision, section 206(5) or 213(5), 24
applied before the commencement. 25
Page 32
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 22]
pre-amendment residential contract means a contract to 1
which the pre-amended provision, section 206(6) or 213(5A), 2
applied before the commencement. 3
residential property see section 205A. 4
`369 Matters relating to cancellation of pre-amendment 5
contracts 6
`(1) A pre-amendment contract can not be cancelled under the 7
pre-amended provisions after the commencement. 8
`(2) The cancellation, under the pre-amended provisions, of a 9
pre-amendment contract having effect immediately before the 10
commencement continues to have effect. 11
`370 Termination relating to particular contracts for sale 12
of lots that are not residential property 13
`(1) This section applies if -- 14
(a) a contract form for the sale of a lot that is not residential 15
property was given to a proposed buyer by a seller 16
before the commencement; and 17
(b) the contract form became or becomes a contract before, 18
on or after the commencement. 19
`(2) The contract may be terminated under amended section 20
206(7)(b) and for that purpose amended section 206(5) 21
applies with the change mentioned in subsection (3). 22
`(3) For applying amended section 206(5), all words from `must' 23
to `buyer' are taken to be omitted and replaced by the words 24
`must have had an information sheet in the approved form 25
attached to the contract when the contract was given to the 26
buyer'. 27
`(4) For applying amended section 206(5) (the provision) as 28
mentioned in subsection (3)-- 29
(a) a reference in the provision to an information sheet in 30
the approved form is a reference to an information sheet 31
Page 33
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 22]
in the approved form under the pre-amended provision, 1
section 206(5); and 2
(b) the word `attached' has the meaning it has in amended 3
chapter 5. 4
`(5) In this section-- 5
amended section 206(5) means section 206(5) as in force 6
after the commencement. 7
amended section 206(7)(b) means section 206(7)(b) as in 8
force after the commencement. 9
`371 Termination relating to particular contracts for sale 10
of lots that are residential property 11
`(1) This section applies if-- 12
(a) a contract form for the sale of a lot that is residential 13
property was given to a proposed buyer by a seller or a 14
seller's agent before the commencement; and 15
(b) the contract form became or becomes a contract before, 16
on or after the commencement. 17
`(2) The contract may be terminated under amended section 206A 18
and, for that purpose, the section applies with all necessary 19
and convenient changes and the changes mentioned in 20
subsection (3). 21
`(3) For applying amended section 206A in relation to the 22
contract-- 23
(a) in subsection (1) of the section all words from `fails' to 24
`section 368A(2)(c)(ii)' are taken to be omitted and to 25
be replaced by the words `failed to give the buyer a clear 26
statement directing the buyer's attention to an 27
information sheet in the approved form when the seller 28
or the seller's agent gave the buyer the contract form for 29
the contract'; and 30
(b) in subsection (3) of the section all words from `if' to 31
`signed the contract form' are taken to be omitted and to 32
be replaced by the words `if the information sheet was 33
Page 34
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 22]
attached to the contract form and the buyer signed the 1
information sheet before the buyer signed the contract 2
form'; and 3
(c) in subsection (4) of the section the word `receives' is 4
taken to be omitted and to be replaced by the words 5
`received or receives'; and 6
(d) subsection (9) of the section is taken to be omitted. 7
`(4) For amended section 206A(1) as applying under subsection 8
(3)(a), it is declared that a person failed to give a clear 9
statement directing attention to an information sheet in the 10
approved form if, at the time the clear statement was given, 11
the information sheet was not attached to the contract form. 12
`(5) For applying amended section 206A as mentioned in 13
subsection (3)(a) or (b)-- 14
(a) a reference in the section to an information sheet in the 15
approved form is a reference to an information sheet in 16
the approved form under the pre-amended provision, 17
section 206(6); and 18
(b) the word `attached' has the meaning it has in amended 19
chapter 5. 20
`(6) In this section-- 21
amended section 205A means section 205A as in force after 22
the commencement. 23
amended section 206A means section 206A as in force after 24
the commencement. 25
attached see amended section 205A. 26
`372 Termination relating to particular contracts for sale 27
of proposed lots that are not residential property 28
`(1) This section applies if -- 29
(a) a contract form for the sale of a proposed lot that is not 30
residential property was given to a proposed buyer by a 31
seller before the commencement; and 32
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 22]
(b) the contract form became or becomes a contract before, 1
on or after the commencement. 2
`(2) The contract may be terminated under amended section 3
213(6)(b) and for that purpose amended section 213(5) 4
applies with the change mentioned in subsection (3). 5
`(3) For applying amended section 213(5), all words from `must' 6
to `buyer' are taken to be omitted and replaced by the words 7
`must have had an information sheet in the approved form 8
attached to the contract when the contract was given to the 9
buyer'. 10
`(4) For applying amended section 213(5) (the provision) as 11
mentioned in subsection (3)-- 12
(a) a reference in the provision to an information sheet in 13
the approved form is a reference to an information sheet 14
in the approved form under the pre-amended provision, 15
section 213(5); and 16
(b) the word `attached' has the meaning it has in amended 17
chapter 5. 18
`(5) In this section-- 19
amended section 213 means section 213 as in force after the 20
commencement. 21
amended section 213(5) means section 213(5) as in force 22
after the commencement. 23
amended section 213(6)(b) means section 213(6)(b) as in 24
force after the commencement. 25
proposed lot has the same meaning as the term has in 26
amended section 213. 27
`373 Termination relating to particular contracts for sale 28
of proposed lots that are residential property 29
`(1) This section applies if-- 30
(a) a contract form for the sale of a proposed lot that is 31
residential property was given to a proposed buyer by a 32
seller or a seller's agent before the commencement; and 33
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 22]
(b) the contract form became or becomes a contract before, 1
on or after the commencement. 2
`(2) The contract may be terminated under amended section 213A 3
and, for that purpose, the section applies with all necessary 4
and convenient changes and the changes mentioned in 5
subsection (3). 6
`(3) For applying amended section 213A in relation to the 7
contract-- 8
(a) in subsection (1) of the section all words from `fails' to 9
`section 368A(2)(c)(ii)' are taken to be omitted and to 10
be replaced by the words `failed to give the buyer a clear 11
statement directing the buyer's attention to an 12
information sheet in the approved form when the seller 13
or the seller's agent gave the buyer the contract form for 14
the contract'; and 15
(b) in subsection (3) of the section all words from `if' to 16
`signed the contract form' are taken to be omitted and to 17
be replaced by the words `if the information sheet was 18
attached to the contract form and the buyer signed the 19
information sheet before the buyer signed the contract 20
form'; and 21
(c) in subsection (4) of the section the word `receives' is 22
taken to be omitted and to be replaced by the words 23
`received or receives'; and 24
(d) in subsection (9), the definition contract form is taken to 25
be omitted. 26
`(4) For amended section 213A(1) as applying under subsection 27
(3)(a), it is declared that a person failed to give a clear 28
statement directing attention to an information sheet in the 29
approved form if, at the time the clear statement was given, 30
the information sheet was not attached to the contract form. 31
`(5) For applying amended section 213A as mentioned in 32
subsection (3)(a) or (b)-- 33
(a) a reference in the section to an information sheet in the 34
approved form is a reference to an information sheet in 35
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Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 3 Amendment of the Body Corporate and Community Management Act 1997
[s 23]
the approved form under the pre-amended provision, 1
section 213(5A); and 2
(b) the word `attached' has the meaning it has in amended 3
chapter 5. 4
`(6) In this section-- 5
amended section 205A means section 205A as in force after 6
the commencement. 7
amended section 213 means section 213 as in force after the 8
commencement. 9
amended section 213A means section 213A as in force after 10
the commencement. 11
attached see amended section 205A. 12
proposed lot has the same meaning as the term has in 13
amended section 213.'. 14
Clause 23 Amendment of sch 6 (Dictionary) 15
(1) Schedule 6, definitions commencement, residential property 16
and warning statement-- 17
omit. 18
(2) Schedule 6-- 19
insert-- 20
`amended chapter 5, for chapter 8, part 8, see section 368. 21
commencement-- 22
(a) for chapter 8, part 1, see section 326; or 23
(b) for chapter 8, part 8, see section 368. 24
pre-amended provisions, for chapter 8, part 8, see section 25
368. 26
pre-amendment contract, for chapter 8, part 8, see section 27
368. 28
pre-amendment non-residential contract, for chapter 8, part 29
8, see section 368. 30
Page 38
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Part 4 Other amendments
[s 24]
pre-amendment residential contract, for chapter 8, part 8, see 1
section 368. 2
residential property-- 3
(a) for chapter 5, see section 205A; or 4
(b) for chapter 8, part 8, see section 368.'. 5
Part 4 Other amendments 6
Clause 24 Legislation amended in schedule 7
(1) The schedule amends the legislation it mentions. 8
(2) However, subsection (1) does not apply in relation to 9
particular legislation if another provision of this Act states 10
that the schedule amends the particular legislation. 11
Page 39
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Schedule
Schedule Other amendments 1
sections 3 and 24 2
Property Agents and Motor Dealers Act 2000 3
1 Section 22(2)(d), after `an applicant'-- 4
insert-- 5
`for a commercial agent's licence'. 6
2 After section 23-- 7
insert-- 8
`23A Special provision for applicant for resident letting agent's 9
licence 10
`(1) This section applies to an applicant for a resident letting 11
agent's licence for a building complex. 12
`(2) Before the chief executive may issue the licence, the applicant 13
must satisfy the chief executive that the applicant has 14
prescribed approval. 15
Note-- 16
See section 49(2)(d). 17
`(3) In this section-- 18
prescribed approval means-- 19
(a) if the applicant is an individual--body corporate 20
approval for the individual or the person by whom the 21
individual is to be employed to carry on a business of 22
letting lots in the building complex under the authority 23
of a licence; or 24
(b) if the applicant is a corporation--body corporate 25
approval for the corporation to carry on a business of 26
letting lots in the building complex under the authority 27
of a licence.'. 28
Page 40
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Schedule
3 Section 28(1)(g)(iii) and (iv), after `;'-- 1
insert-- 2
`and'. 3
4 Section 35(1)(c)(i)-- 4
omit. 5
5 Section 35(1)(c)(ii) and (iii)-- 6
renumber as section 35(1)(c)(i) and (ii). 7
6 Section 35(3)(a)-- 8
omit. 9
7 Section 35(3)(b) and (c)-- 10
renumber as section 35(3)(a) and (b). 11
8 Section 35(4), `subsection(1)(c)(ii)'-- 12
omit, insert-- 13
`subsection (1)(c)(i)'. 14
9 Section 37(a)(ii), `an order'-- 15
omit, insert-- 16
`a determination'. 17
10 Section 44(1)-- 18
omit, insert-- 19
`(1) An individual is eligible to obtain a motor dealer's licence 20
only if the individual-- 21
(a) is at least 18 years; and 22
Page 41
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Schedule
(b) has the educational or other qualifications for a motor 1
dealer's licence that may be prescribed under a 2
regulation.'. 3
11 Section 44(3)-- 4
omit, insert-- 5
`(3) A corporation is eligible to obtain a motor dealer's licence 6
only if the corporation satisfies the chief executive that a 7
director of the corporation is a motor dealer.'. 8
12 Section 49(2)-- 9
insert-- 10
`(d) if the application is for a resident letting agent's licence 11
for a building complex--the applicant has the 12
prescribed approval under section 23A.'. 13
13 Section 49(6), note, `this'-- 14
omit. 15
14 Section 64(6), definition representative, paragraph (a), 16
after `;'-- 17
insert-- 18
`or'. 19
15 Section 84(1)(e)-- 20
omit. 21
16 Section 84(1)(f) and (g)-- 22
renumber as section 84(1)(e) and (f). 23
Page 42
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Schedule
17 Section 93(2), from `perform--' 1
omit, insert-- 2
`perform because of a condition to which the certificate is 3
subject.'. 4
18 Section 94(2)(c)-- 5
omit. 6
19 Section 94(2)(d)-- 7
renumber as section 94(2)(c). 8
20 Section 97(2)(d)-- 9
omit. 10
21 Section 97(2)(e)-- 11
renumber as section 97(2)(d). 12
22 Section 106(2), example, `Example'-- 13
omit, insert-- 14
`Examples'. 15
23 Section 109(3)(a)(ii)-- 16
omit. 17
24 Section 109(3)(a)(iii) to (v)-- 18
renumber as section 109(3)(a)(ii) to (iv). 19
25 Section 109(3)(b)(ii)-- 20
omit. 21
Page 43
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Schedule
26 Section 109(3)(b)(iii) to (vii)-- 1
renumber as section 109(3)(b)(ii) to (vi). 2
27 Section 129(1) and (2), `, acts only within the scope of the 3
person's employment authority under section 130'-- 4
omit. 5
28 Section 130-- 6
omit. 7
29 Section 159(2), note-- 8
omit. 9
30 Section 160(4)(b), `for a residential service'-- 10
omit, insert-- 11
`of rooming accommodation'. 12
31 Section 160(4)(b), `the conduct of the service'-- 13
omit, insert-- 14
`providing rooming accommodation'. 15
32 Section 167(1)(a), after `;'-- 16
insert-- 17
`and'. 18
33 Section 169(1) and (2), `, acts only within the scope of the 19
salesperson's employment authority under section 20
170'-- 21
omit. 22
Page 44
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Schedule
34 Section 170-- 1
omit. 2
35 Section 196(2), note-- 3
omit. 4
36 Section 206(1), `, acts only within the scope of the 5
trainee's employment authority under section 207'-- 6
omit. 7
37 Section 207-- 8
omit. 9
38 Section 226(3)(d)(ii), `and'-- 10
omit. 11
39 Section 229(2)(a)(ii), `in the auctioneer's opinion,'-- 12
omit, insert-- 13
`considers'. 14
40 Section 229(3)(b), `in the referee's opinion,'-- 15
omit, insert-- 16
`considers'. 17
41 Section 229(4), `who, in the auctioneer's opinion,'-- 18
omit, insert-- 19
`and considers'. 20
42 Section 253(2), note-- 21
omit. 22
Page 45
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Schedule
43 Section 264(1), `, acts only within the scope of the 1
salesperson's employment authority under section 2
265'-- 3
omit. 4
44 Section 265-- 5
omit. 6
45 Section 274(2), note-- 7
omit. 8
46 Section 280(1) and (2), `, acts only within the scope of the 9
salesperson's employment authority under section 10
281'-- 11
omit. 12
47 Section 281-- 13
omit. 14
48 Section 327(1)-- 15
omit, insert-- 16
`(1) A motor dealer who is a principal licensee must, if the motor 17
dealer changes the place where the motor dealer carries on the 18
motor dealer's principal place of business, notify the chief 19
executive in the approved form of the change within 14 days 20
after the change. 21
Maximum penalty--200 penalty units.'. 22
49 Section 327(3)-- 23
omit, insert-- 24
`(3) A motor dealer who is a principal licensee must notify the 25
chief executive in the approved form of the opening of any 26
Page 46
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Schedule
place where the dealer carries on business within 14 days after 1
the opening. 2
Maximum penalty--200 penalty units.'. 3
50 Section 329(2), note-- 4
omit. 5
51 Section 340(1) and (2), `, acts only within the scope of the 6
subagent's employment authority under section 341'-- 7
omit. 8
52 Section 341-- 9
omit. 10
53 Section 353(2), note-- 11
omit. 12
54 Section 375-- 13
omit, insert-- 14
`375 Trust account may only be opened at approved financial 15
institution 16
`(1) A licensee must not open a general trust account or special 17
trust account at a place other than the office or branch of an 18
approved financial institution within the State. 19
Maximum penalty--200 penalty units. 20
Note-- 21
A special trust account is a trust account created under section 380 in 22
which an amount is held for investment at the direction of both parties to 23
the sale. 24
Page 47
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Schedule
`(2) Before opening the account, the licensee must give the 1
manager or other officer in charge of the institution's office or 2
branch a copy of the licensee's licence. 3
Maximum penalty for subsection (2)--200 penalty units.'. 4
55 Section 377-- 5
omit, insert-- 6
`377 Notice of account's opening, name change or closing 7
`(1) This section applies if a licensee does any of the following 8
(each an event)-- 9
(a) opens a general trust account or special trust account; 10
(b) changes the name of a general trust account or special 11
trust account; 12
(c) closes a general trust account or special trust account. 13
`(2) The licensee must, under subsection (3), give the chief 14
executive written notice of the happening of the event within 15
14 days of its happening. 16
Maximum penalty--200 penalty units. 17
`(3) The written notice must state-- 18
(a) whether the account is a general trust account or special 19
trust account; and 20
(b) the name of the financial institution where the account is 21
or was kept; and 22
(c) the account name; and 23
(d) the identifying number of the financial institution; and 24
Editor's note-- 25
This is commonly referred to as the bank state branch number. 26
(e) the account number.'. 27
56 Section 496(1)(h)(ii)-- 28
omit, insert-- 29
Page 48
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Schedule
`(ii) the employee has, in performing an activity of a 1
licensee, been incompetent or acted in an 2
unprofessional way.'. 3
57 Section 578(2), `sections'-- 4
omit, insert-- 5
`section'. 6
58 Section 608(2)(b), `to be'-- 7
omit. 8
59 Schedule 2, definitions commencement, disclosure 9
statement and employment authority-- 10
omit. 11
60 Schedule 2-- 12
insert-- 13
`amended chapter 11, for chapter 19, part 8, see section 644. 14
benefit, for chapter 11, see section 364. 15
commencement-- 16
(a) for chapter 19, part 1, see section 603; or 17
(b) for chapter 19, part 8, see section 644. 18
formed on a sale by auction, for chapter 11, see section 364. 19
pre-amended chapter 11, for chapter 19, part 8, see section 20
644. 21
pre-amendment relevant contract, for chapter 19, part 8, see 22
section 644.'. 23
Page 49
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Schedule
61 Schedule 2, definition comparable certificate, paragraphs 1
(a) to (c), after `;'-- 2
insert-- 3
`or'. 4
62 Schedule 2, definition employment register, paragraphs 5
(a) to (f), after `;'-- 6
insert-- 7
`or'. 8
63 Schedule 2, definition registered office, paragraphs (a) to 9
(f), after `;'-- 10
insert-- 11
`or'. 12
Property Agents and Motor Dealers Regulation 2001 13
1 Section 12(d) and (e)-- 14
omit. 15
2 Section 12(f)-- 16
renumber as section 12(d). 17
3 Section 15(1)(f) to (h)-- 18
omit. 19
© State of Queensland 2010
Page 50
AMENDMENTS TO BILL
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
Property Agents and Motor Dealers and
Other Legislation Amendment Bill 2010
Amendments agreed to during Consideration
1 Clause 4 (Amendment of ch 11 (Residential property
sales))
Page 10, line 25, `entered into'--
omit, insert--
`signed by the buyer'.
2 Clause 4 (Amendment of ch 11 (Residential property
sales))
Page 10, line 29, `entered into'--
omit, insert--
`signed by the buyer'.
3 Clause 4 (Amendment of ch 11 (Residential property
sales))
Page 10, lines 32 and 33, `entered into'--
omit, insert--
`signed by the buyer'.
4 Clause 4 (Amendment of ch 11 (Residential property
sales))
Page 11, line 2, `entered into'--
omit, insert--
`signed'.
Page 1
Property Agents and Motor Dealers and Other Legislation Amendment Bill 2010
5 Clause 4 (Amendment of ch 11 (Residential property
sales))
Page 13, after line 26--
insert--
`(8) If there are 2 or more proposed buyers relating to the proposed
relevant contract and subsection (2) is complied with in
relation to at least 1 of the proposed buyers, the subsection is
taken to have been complied with in relation to each of the
proposed buyers.'.
© State of Queensland 2010
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