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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PROPERTY AGENTS AND
MOTOR DEALERS BILL 2000
Queensland
PROPERTY AGENTS AND MOTOR
DEALERS BILL 2000
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTION
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4 Exemption--auctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
5 Exemption--public officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
6 Exemption--financial institutions and trustee companies . . . . . . . . . . . . . . 33
7 Exemption--pastoral houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
8 Exemption--livestock sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
9 Exemption--nonprofit corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 2--OBJECT
10 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 3--INTERPRETATION
11 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
12 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
13 Meaning of "beneficial interest" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
14 Meaning of "in charge" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
15 Meaning of "motor vehicle" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
16 Meaning of "open listing" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
17 Meaning of "residential property" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
18 Meaning of "unsolicited invitation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
19 Difference between "exclusive agency" and "sole agency" . . . . . . . . . . . . 41
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CHAPTER 2--LICENSING
PART 1--CATEGORIES OF LICENCE
20 Categories of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART 2--HOW TO OBTAIN A LICENCE
21 Steps involved in obtaining a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART 3--APPLICATIONS FOR LICENCE
22 Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
23 Applicant must specify business address . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
24 Requirement to give information or material about application . . . . . . . . . 46
25 Applicant intending to carry on business to advise name of auditor . . . . . . 46
PART 4--SUITABILITY OF APPLICANTS AND LICENSEES
26 Suitability of applicants and licensees--individuals . . . . . . . . . . . . . . . . . . 47
27 Suitability of applicants and licensees--corporations . . . . . . . . . . . . . . . . . 47
28 Chief executive must consider suitability of applicants and licensees . . . . 48
29 Public trustee is a suitable person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
30 Chief executive of department is a suitable person . . . . . . . . . . . . . . . . . . . 49
31 Queensland Housing Commission is a suitable person . . . . . . . . . . . . . . . . . 49
32 Investigations about suitability of applicants and licensees . . . . . . . . . . . . 49
33 Criminal history is confidential document . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
34 Requirement to give chief executive information or material
about suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 5--ELIGIBILITY FOR LICENCE
Division 1--Restricted letting agent's licence
35 Eligibility for restricted letting agent's licence . . . . . . . . . . . . . . . . . . . . . . . 51
Division 2--Real estate agent's licence
36 Eligibility for real estate agent's licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 3--Pastoral house licences
37 Eligibility for pastoral house licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
38 Eligibility for pastoral house director's licence . . . . . . . . . . . . . . . . . . . . . . . 54
39 Eligibility for pastoral house manager's licence . . . . . . . . . . . . . . . . . . . . . . 54
40 Eligibility for pastoral house auctioneer's licence . . . . . . . . . . . . . . . . . . . . 55
Division 4--Auctioneer's licences
41 Eligibility for auctioneer's licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
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Property Agents and Motor Dealers
Division 5--Property developer's licence
42 Eligibility for property developer's licence . . . . . . . . . . . . . . . . . . . . . . . . . . 56
43 Eligibility for property developer director's licence . . . . . . . . . . . . . . . . . . . 56
Division 6--Motor dealer's licence
44 Eligibility for motor dealer's licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 7--Commercial agent's licence
45 Eligibility for commercial agent's licence . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 8--Chief executives and corporations sole
46 Public trustee is eligible to obtain particular licences . . . . . . . . . . . . . . . . . 58
47 Chief executive of department is eligible to obtain particular licences . . . 58
48 Queensland Housing Commission is eligible to obtain particular
licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 6--ISSUE OF LICENCES
49 Chief executive may issue or refuse to issue licence . . . . . . . . . . . . . . . . . . 59
50 Licence--public trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
51 Licence--chief executive of department . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
52 Licence--Queensland Housing Commission . . . . . . . . . . . . . . . . . . . . . . . . . 60
53 Licence--conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
PART 7--RESTRICTIONS ON PERFORMING ACTIVITIES
UNDER LICENCES
54 Restriction--corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
55 Restriction--individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
56 Restriction--conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
PART 8--RENEWAL AND RESTORATION OF LICENCES
Division 1--Renewal
57 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
58 Chief executive may renew or refuse to renew licence . . . . . . . . . . . . . . . . 64
59 Licence taken to be in force while application for renewal is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 2--Restoration
60 Application for restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
61 Chief executive may restore or refuse to restore licence . . . . . . . . . . . . . . . 66
62 Licence taken to be in force while application for restoration is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
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PART 9--DEALINGS WITH LICENCES
Division 1--Transfer of licence
63 Transfer of licence prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 2--Substitute licences
64 Appointment of substitute licensee--principal licensee--individual . . . . . 68
65 Appointment of substitute licensee--employed licensee in charge
of a licensee's business at a place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
66 Appointment of substitute licensee--pastoral house manager in
charge of a licensee's business at a place . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
67 Chief executive may appoint or refuse to appoint substitute licensee . . . . 72
68 Substitute licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
69 Limitation on period of substitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 3--General
70 Amendment of licence conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
71 Return of licence for amendment of conditions or when
suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
72 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
73 Licence may be deactivated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
PART 10--IMMEDIATE SUSPENSION AND CANCELLATION
OF LICENCES
74 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
75 Immediate cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
PART 11--GENERAL PROVISIONS ABOUT LICENCES
76 Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
77 Display of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
78 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
79 Replacement licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
80 Register of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
81 Licensees to notify chief executive of changes in circumstances . . . . . . . . 81
CHAPTER 3--EMPLOYEE REGISTRATION
PART 1--CATEGORIES OF REGISTERED EMPLOYEES
82 Categories of registered employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
PART 2--HOW TO OBTAIN REGISTRATION
83 Steps involved in obtaining registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
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PART 3--APPLICATIONS FOR REGISTRATION
84 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
PART 4--SUITABILITY OF APPLICANTS
85 Suitability of applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
86 Chief executive must consider suitability of applicants . . . . . . . . . . . . . . . . 84
87 Investigations about suitability of applicants . . . . . . . . . . . . . . . . . . . . . . . . 85
88 Criminal history is confidential document . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
89 Requirement to give chief executive information or material
about suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 5--ELIGIBILITY FOR REGISTRATION
90 Eligibility for registration as registered employee . . . . . . . . . . . . . . . . . . . . 87
PART 6--ISSUE OF REGISTRATION CERTIFICATE
91 Chief executive may issue or refuse to issue registration certificate . . . . . 87
92 Registration certificate--conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
PART 7--ACTIVITIES AUTHORISED UNDER REGISTRATION
CERTIFICATE
93 What a registration certificate authorises . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
PART 8--RENEWAL AND RESTORATION OF REGISTRATION
CERTIFICATES
Division 1--Renewal
94 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
95 Chief executive may renew or refuse to renew registration certificate . . . . 90
96 Registration certificate taken to be in force while application for
renewal is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Division 2--Restoration
97 Application for restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
98 Chief executive may restore or refuse to restore registration certificate . . 92
99 Registration certificate taken to be in force while application for
restoration is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
PART 9--DEALINGS WITH REGISTRATION CERTIFICATES
Division 1--Transfer of registration certificate
100 Transfer of registration certificate prohibited . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 2--General
101 Amendment of registration certificate conditions . . . . . . . . . . . . . . . . . . . . . 93
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102 Return of registration certificate for amendment of conditions . . . . . . . . . . 95
103 Surrender of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
PART 10--IMMEDIATE SUSPENSION AND CANCELLATION
OF REGISTRATION CERTIFICATES
104 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
105 Immediate cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
PART 11--GENERAL PROVISIONS ABOUT EMPLOYEE
REGISTRATION
106 Form of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
107 Term of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
108 Replacement certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
109 Register of registration certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
110 Registered employees to notify chief executive of changes in
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
CHAPTER 4--RESTRICTED LETTING AGENTS
PART 1--RESTRICTED LETTING AGENT'S LICENCE
111 What a restricted letting agent's licence authorises . . . . . . . . . . . . . . . . . . . 99
PART 2--CONDUCT PROVISIONS
Division 1--Carrying on business
112 Carrying on of business under restricted letting agent's licence . . . . . . . . . 101
113 Licensee to be in charge of a restricted letting agent's business at
a place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Division 2--Appointment
114 Appointment of restricted letting agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
115 Form of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 3--Recovery of reward or expense
116 Commission may be claimed only in relation to actual amounts . . . . . . . . 105
117 Restriction on remedy for reward or expense . . . . . . . . . . . . . . . . . . . . . . . . 105
118 Excess fees etc. to be repaid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Division 4--Code of conduct
119 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
120 Complaints about conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
PART 3--GENERAL
121 Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
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122 Restricted letting agent to notify chief executive of change in
place of business etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
123 Display and publication of licensee's name . . . . . . . . . . . . . . . . . . . . . . . . . 108
124 Principal licensee must keep employment register . . . . . . . . . . . . . . . . . . . 109
PART 4--OFFENCES
125 Acting as restricted letting agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
126 Restricted letting agent must not act for more than 1 party . . . . . . . . . . . . . 110
127 Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
CHAPTER 5--REAL ESTATE AGENTS
PART 1--REAL ESTATE AGENT'S AUTHORISATION AND
RESPONSIBILITY
Division 1--Real estate agent's licence
128 What a real estate agent's licence authorises . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 2--Responsibilities of persons in charge of a licensee's
business for salespersons
129 Responsibility for acts and omissions of salespersons . . . . . . . . . . . . . . . . . 111
130 Real estate agent must give salespersons employment authority . . . . . . . . 112
PART 2--CONDUCT PROVISIONS
Division 1--Carrying on business
131 Carrying on of business under real estate agent's licence . . . . . . . . . . . . . . 112
132 Licensee to be in charge of a real estate agent's business at a place . . . . 113
Division 2--Appointment
133 Appointment of real estate agent--general . . . . . . . . . . . . . . . . . . . . . . . . . . 113
134 Form of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
135 Appointment of real estate agent--sole and exclusive agencies . . . . . . . . 116
136 Real estate agent may be reappointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
137 Avoidance of appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 3--Disclosure of interest
138 Disclosures to prospective buyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 4--Recovery of reward or expense
139 Commission may be claimed only in relation to actual amounts . . . . . . . . 118
140 Restriction on recovery of reward or expense--no proper
authorisation etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
141 Restriction on recovery of reward or expense above amount allowed . . . . 119
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142 Excess commission etc. to be repaid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Division 5--Interests in property
143 Definition for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
144 Beneficial interest--options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
145 Beneficial interest--other than options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
146 Non-application of s 145 for particular livestock sales . . . . . . . . . . . . . . . . . 121
Division 6--Lands not lawfully useable for residential purposes
147 Definition for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
148 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
149 Notice to be given about vacant land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
150 Buyer's rights if notice not given or materially defective . . . . . . . . . . . . . . 123
151 Liability to punishment under s 149 or 150 additional to other
liabilities at law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Division 7--Sales of particular businesses
152 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
153 Notice to be given about sale of restricted letting agent's business . . . . . . 125
Division 8--Code of conduct
154 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
155 Complaints about conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
PART 3--GENERAL
156 Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
157 Real estate agent must notify chief executive of change in place
of business etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
158 Display and publication of licensee's name . . . . . . . . . . . . . . . . . . . . . . . . . 128
159 Principal licensee must keep employment register . . . . . . . . . . . . . . . . . . . 128
PART 4--OFFENCES
160 Acting as real estate agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
161 Pretending to be real estate salesperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
162 Real estate agent must not act for more than 1 party . . . . . . . . . . . . . . . . . . 131
163 Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
164 Employment of persons in real estate business . . . . . . . . . . . . . . . . . . . . . . . 131
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CHAPTER 6--PASTORAL HOUSES
PART 1--PASTORAL HOUSE'S AUTHORISATION AND
RESPONSIBILITIES
Division 1--Pastoral house licences
165 What a pastoral house licence authorises . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
166 What a pastoral house director's licence authorises . . . . . . . . . . . . . . . . . . . 133
167 What a pastoral house manager's licence authorises . . . . . . . . . . . . . . . . . . 133
168 What a pastoral house auctioneer's licence authorises . . . . . . . . . . . . . . . . 134
Division 2--Responsibility of persons in charge of a licensee's
business for salespersons
169 Responsibility for acts and omissions of pastoral house salespersons . . . . . 134
170 Pastoral house must give salespersons employment authority . . . . . . . . . . . 135
PART 2--CONDUCT PROVISIONS
Division 1--Carrying on business
171 Carrying on of business under pastoral house licence . . . . . . . . . . . . . . . . . 135
172 Licensee to be in charge of pastoral house's business at a place . . . . . . . . 135
Division 2--Appointment
173 Appointment of pastoral house--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
174 Form of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
175 Appointment of pastoral house--sole and exclusive agencies . . . . . . . . . . 138
176 Pastoral house may be reappointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
177 Avoidance of appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Division 3--Recovery of reward or expense
178 Commission may be claimed only in relation to actual amounts . . . . . . . . 140
179 Restriction on recovery of reward or expense--no proper
authorisation etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
180 Restriction on recovery of reward or expense above amount allowed . . . . 141
181 Excess commission etc. to be repaid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Division 4--Interests in property
182 Definition for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
183 Beneficial interest--options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
184 Beneficial interest--other than options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
185 Non-application of s 184 for particular livestock sales . . . . . . . . . . . . . . . . . 144
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Property Agents and Motor Dealers
Division 5--Lands not lawfully useable for residential purposes
186 Definition for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
187 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
188 Notice to be given about vacant land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
189 Buyer's rights if notice not given or materially defective . . . . . . . . . . . . . . 146
190 Liability to punishment under s 188 or 189 additional to other
liabilities at law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 6--Code of conduct
191 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
192 Complaints about conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
PART 3--GENERAL
193 Registered offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
194 Pastoral house etc. must notify chief executive of particular changes . . . . 150
195 Display and publication of licensee's name . . . . . . . . . . . . . . . . . . . . . . . . . 151
196 Pastoral house to keep employment register . . . . . . . . . . . . . . . . . . . . . . . . . 152
PART 4--OFFENCES
197 Acting as pastoral house . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
198 Acting as pastoral house director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
199 Acting as pastoral house manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
200 Acting as pastoral house auctioneer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
201 Pretending to be pastoral house salesperson . . . . . . . . . . . . . . . . . . . . . . . . . 155
202 Pastoral house must not act for more than 1 party . . . . . . . . . . . . . . . . . . . . 155
203 Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
204 Employment of persons in pastoral house business . . . . . . . . . . . . . . . . . . . . 156
CHAPTER 7--AUCTIONEERS
PART 1--AUCTIONEER'S AUTHORISATION AND
RESPONSIBILITIES
Division 1--What an auctioneer's licence authorises
205 What an auctioneer's licence authorises . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Division 2--Responsibilities of auctioneers for trainee auctioneers
206 Responsibility for acts and omissions of trainee auctioneers . . . . . . . . . . . . 158
207 Auctioneer must give trainee auctioneer employment authority . . . . . . . . . 158
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Property Agents and Motor Dealers
PART 2--CONDUCT PROVISIONS
Division 1--Carrying on business
208 Carrying on of business under auctioneer's licence . . . . . . . . . . . . . . . . . . . 158
209 Licensee to be in charge of auctioneer's business at a place . . . . . . . . . . . 159
Division 2--Appointment
210 Appointment of auctioneer--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
211 Form of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
212 Appointment of auctioneer--sole and exclusive agencies . . . . . . . . . . . . . . 161
213 Auctioneers may be reappointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
214 Avoidance of appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
Division 3--Chattel auctions
215 Buyer's premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Division 4--Recovery of reward or expense
216 Commission may be claimed only in relation to actual amounts . . . . . . . . 164
217 Restriction on recovery of reward or expense--no proper
authorisation etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
218 Restriction on recovery of reward or expense above amount allowed . . . . 164
219 Excess commission etc. to be repaid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Division 5--Interests in property
220 Definition for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
221 Beneficial interest--options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
222 Beneficial interest--other than options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
223 Non-application of s 222 for particular livestock sales . . . . . . . . . . . . . . . . . 167
Division 6--Lands not lawfully useable for residential purposes
224 Definition for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
225 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
226 Notice to be given about vacant land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
227 Buyer's rights if notice not given or materially defective . . . . . . . . . . . . . . 169
228 Liability to punishment under s 226 or 227 additional to other
liabilities at law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
Division 7--Sales of livestock
229 Sales of livestock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
230 Protection for auctioneer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
12
Property Agents and Motor Dealers
Division 8--Code of conduct
231 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
232 Complaints about conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
PART 3--GUARANTEE OF TITLE FOR MOTOR VEHICLES
233 Guarantee of title for motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
PART 4--STATUTORY WARRANTY
234 Definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
235 Meaning of "defect" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
236 Meaning of "warranty period" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
237 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
238 Particular vehicles without statutory warranty to be identified
when offered for sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
239 Announcements before auction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
240 Warrantor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
241 Buyer to be given notice about statutory warranty . . . . . . . . . . . . . . . . . . . . 178
242 Statutory warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
243 Defects not covered by statutory warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
244 Buyer's obligations under statutory warranty . . . . . . . . . . . . . . . . . . . . . . . . . 179
245 Warrantor to record particulars of extension of warranty period . . . . . . . . . 180
246 Warrantor to advise whether defect covered by statutory warranty . . . . . . . 180
247 Warrantor's obligation to repair defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
248 Warrantor's failure to repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
249 Applications for more than prescribed amount . . . . . . . . . . . . . . . . . . . . . . . 183
PART 5--GENERAL
250 Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
251 Auctioneer must notify chief executive of change in place of
business etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
252 Display and publication of licensee's name . . . . . . . . . . . . . . . . . . . . . . . . . 184
253 Principal licensee must keep employment register . . . . . . . . . . . . . . . . . . . 185
254 Auctioneer to obtain statement from seller of vehicle . . . . . . . . . . . . . . . . . 186
255 Auctioneer to give statement to buyer of vehicle . . . . . . . . . . . . . . . . . . . . . 187
PART 6--OFFENCES
256 Acting as auctioneer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
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Property Agents and Motor Dealers
257 Pretending to be trainee auctioneer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
258 Auctioneer must not act for more than 1 party . . . . . . . . . . . . . . . . . . . . . . . 188
259 Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
260 Employment of persons in auctioneer's business . . . . . . . . . . . . . . . . . . . . . 189
CHAPTER 8--PROPERTY DEVELOPERS
PART 1--PROPERTY DEVELOPER'S AUTHORISATION AND
RESPONSIBILITIES
Division 1--Interpretation
261 Meaning of "complete a residential property sale" . . . . . . . . . . . . . . . . . . . 189
Division 2--Licences
262 What a property developer's licence authorises . . . . . . . . . . . . . . . . . . . . . . 190
263 What a property developer director's licence authorises . . . . . . . . . . . . . . . 190
Division 3--Responsibilities of persons in charge of a licensee's
business for salespersons
264 Responsibility for acts and omissions of salespersons . . . . . . . . . . . . . . . . . 190
265 Property developer must give salespersons employment authority . . . . . . . 191
PART 2--CONDUCT PROVISIONS
Division 1--Carrying on business
266 Carrying on business under property developer's licence . . . . . . . . . . . . . . . 191
267 Licensee or salesperson to be in charge of a property developer's
business at a place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
Division 2--Disclosure of interest
268 Disclosures to prospective buyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
Division 3--Code of conduct
269 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
270 Complaints about conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
PART 3--GENERAL
271 Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
272 Property developer must notify chief executive of change in
place of business etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
273 Display and publication of licensee's name . . . . . . . . . . . . . . . . . . . . . . . . . 195
274 Principal licensee must keep employment register . . . . . . . . . . . . . . . . . . . 196
PART 4--OFFENCES
275 Acting as property developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
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Property Agents and Motor Dealers
276 Pretending to be property developer salesperson . . . . . . . . . . . . . . . . . . . . . 197
277 Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
278 Employment of persons in property developer's business . . . . . . . . . . . . . . . 197
CHAPTER 9--MOTOR DEALERS
PART 1--MOTOR DEALER'S AUTHORISATION AND
RESPONSIBILITIES
Division 1--Motor dealer's licence
279 What a motor dealer's licence authorises . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Division 2--Responsibilities of persons in charge of a licensee's
business for motor salespersons
280 Responsibility for acts and omissions of motor salespersons . . . . . . . . . . . . 199
281 Motor dealer must give salespersons employment authority . . . . . . . . . . . . 200
PART 2--CONDUCT PROVISIONS
Division 1--Carrying on business
282 Carrying on of business under motor dealer's licence . . . . . . . . . . . . . . . . . 200
283 Licensee to be in charge of motor dealer's business at a place . . . . . . . . . 200
Division 2--Consignment selling
284 Appointment--sale on consignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
285 Form of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
286 Trade-ins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
Division 3--Recovery of reward or expense
287 Commission may be claimed only in relation to actual amounts . . . . . . . . 203
288 Restriction on remedy for reward or expense . . . . . . . . . . . . . . . . . . . . . . . . 204
289 Excess commission etc. to be repaid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
Division 4--Interests in property
290 Definition for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
291 Beneficial interest--options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
292 Beneficial interest--other than options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
Division 5--Code of conduct
293 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
294 Complaints about conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
PART 3--GUARANTEE OF TITLE FOR MOTOR VEHICLES
295 Guarantee of title for motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
15
Property Agents and Motor Dealers
PART 4--COOLING-OFF PERIOD
296 Definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
297 Meaning of "cooling-off period" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
298 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
299 Particular vehicles for sale on consignment to be identified as not
being subject to cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
300 Notice to be given about used motor vehicle--no prior contract . . . . . . . . 211
301 Option to purchase during cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . 212
302 Buyer's rights if notice not given or materially defective . . . . . . . . . . . . . . 213
303 Contract must contain cooling-off clause . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
304 Consideration for cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
305 Consideration for option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
306 Harassment or coercion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
307 Property does not pass during cooling-off period . . . . . . . . . . . . . . . . . . . . . . 216
308 Buyer may avoid contract during cooling-off period . . . . . . . . . . . . . . . . . . . 216
309 Procedure for avoidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
310 What happens when contract avoided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
311 Consideration for used motor vehicle during cooling-off period . . . . . . . . . 217
PART 5--STATUTORY WARRANTY
312 Definitions for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
313 Meaning of "defect" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
314 Meaning of "warranty period" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
315 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
316 Particular vehicles without statutory warranty to be identified
when offered for sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
317 Buyer to be given notice about statutory warranty . . . . . . . . . . . . . . . . . . . . 220
318 Statutory warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
319 Defects not covered by statutory warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
320 Buyer's obligations under statutory warranty . . . . . . . . . . . . . . . . . . . . . . . . . 222
321 Warrantor to record particulars of extension of warranty period . . . . . . . . . 222
322 Warrantor to advise whether defect covered by statutory warranty . . . . . . . 223
323 Warrantor's obligation to repair defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
324 Warrantor's failure to repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
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Property Agents and Motor Dealers
325 Applications for more than prescribed amount . . . . . . . . . . . . . . . . . . . . . . . 225
PART 6--GENERAL
326 Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
327 Motor dealer must notify chief executive of change in place of
business etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
328 Display and publication of licensee's name . . . . . . . . . . . . . . . . . . . . . . . . . 227
329 Principal licensee to keep employment register . . . . . . . . . . . . . . . . . . . . . . 227
330 Motor dealer to keep transactions register . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
331 Motor dealer to obtain statement from seller of vehicle . . . . . . . . . . . . . . . 229
332 Motor dealer to give statement to buyer of vehicle . . . . . . . . . . . . . . . . . . . 230
333 Contract of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
PART 7--OFFENCES
334 Acting as motor dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
335 Pretending to be motor salesperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
336 Motor dealer must not act for more than 1 party . . . . . . . . . . . . . . . . . . . . . . 232
337 Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
338 Employment of persons in motor dealer business . . . . . . . . . . . . . . . . . . . . . 232
CHAPTER 10--COMMERCIAL AGENTS
PART 1--COMMERCIAL AGENT'S AUTHORISATION AND
RESPONSIBILITIES
Division 1--Commercial agent's licence
339 What a commercial agent's licence authorises . . . . . . . . . . . . . . . . . . . . . . 233
Division 2--Responsibilities of persons in charge of a licensee's
business for commercial subagents
340 Responsibility for acts and omissions of commercial subagent . . . . . . . . . . 234
341 Commercial agent must give commercial subagents employment
authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
PART 2--CONDUCT PROVISIONS
Division 1--Carrying on business
342 Carrying on of business under commercial agent's licence . . . . . . . . . . . . . 235
343 Licensee to be in charge of commercial agent's business at a place . . . . . 235
Division 2--Appointment
344 Appointment of commercial agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
345 Form of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
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Division 3--Recovery of expenses and costs
346 Restriction on remedy for reward or expense . . . . . . . . . . . . . . . . . . . . . . . . 238
347 Recovery of costs of commercial agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Division 4--Code of conduct
348 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
349 Complaints about conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
PART 3--GENERAL
350 Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
351 Commercial agent must notify chief executive of change in place
of business etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
352 Display and publication of licensee's name . . . . . . . . . . . . . . . . . . . . . . . . . 241
353 Principal licensee must keep employment register . . . . . . . . . . . . . . . . . . . 241
PART 4--OFFENCES
354 Acting as commercial agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
355 Pretending to be commercial subagent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
356 Commercial agent must not act for more than 1 party . . . . . . . . . . . . . . . . . 244
357 Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
358 Employment of persons in commercial agent's business . . . . . . . . . . . . . . . 244
359 Licence not to be used improperly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
360 Unlawful entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
361 Misrepresentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
362 Impersonating commercial agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
CHAPTER 11--RESIDENTIAL PROPERTY SALES
PART 1--PRELIMINARY
363 Purposes of ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
364 Definitions for ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
365 When buyer is bound under a relevant contract . . . . . . . . . . . . . . . . . . . . . . 247
PART 2--WARNING STATEMENTS
366 Warning statement to be attached to contract . . . . . . . . . . . . . . . . . . . . . . . 248
367 Buyer's rights if warning statement not given . . . . . . . . . . . . . . . . . . . . . . . . 249
PART 3--COOLING-OFF PERIOD
368 Terminating contract during cooling-off period . . . . . . . . . . . . . . . . . . . . . . . 250
369 Waiving cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
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370 Shortening cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
PART 4--ACCOUNTING REQUIREMENTS FOR RELEVANT
CONTRACTS
371 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
372 Part payments must be paid to particular persons . . . . . . . . . . . . . . . . . . . . . 252
373 Part payment to be held in trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
CHAPTER 12--ACCOUNTS AND FUNDS
PART 1--TRUST ACCOUNTS
Division 1--Application of pt 1
374 Pt 1 applies only to principal licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
Division 2--Opening trust accounts
375 Notice before opening account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
376 Account's name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
377 Notice of account's opening, closing or name change . . . . . . . . . . . . . . . . . 255
Division 3--Dealing with trust money
Subdivision 1--Payments to trust accounts
378 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
379 Dealing with amount on receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
380 Investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
381 No other payments to trust account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
382 Multiple licence holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
383 Trust money not available to licensee's creditors . . . . . . . . . . . . . . . . . . . . . 258
Subdivision 2--Payments from trust accounts
384 When payments may be made from trust accounts . . . . . . . . . . . . . . . . . . . 258
385 Permitted drawings from trust accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
Subdivision 3--Other trust account obligations
386 Accounting to clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
Division 4--Disputes about trust money
387 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
388 When amount in dispute may be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
389 Where amount must be paid if notice given . . . . . . . . . . . . . . . . . . . . . . . . . 261
390 Dealing with amount if no notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
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PART 2--AUDIT REQUIREMENTS
Division 1--Preliminary
391 Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
Division 2--Provisions about auditors
392 Principal licensee must appoint auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
393 Application for approval as auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
394 Chief executive to consider application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
395 When approval of person as approved auditor ends . . . . . . . . . . . . . . . . . . . 265
396 Notice and evidence of auditor's appointment . . . . . . . . . . . . . . . . . . . . . . . 265
397 Steps to be taken if auditor's appointment ends . . . . . . . . . . . . . . . . . . . . . . 266
398 Chief executive may withdraw approval as approved auditor . . . . . . . . . . . 267
399 Chief executive may make information available to supervisory bodies . . 267
Division 3--Audit of trust accounts
400 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
401 What trust accounts must be audited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
402 Time for audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
403 Auditors--functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
404 Auditor's advice to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
405 Auditor may ask licensee to produce other accounts . . . . . . . . . . . . . . . . . . 271
406 Audit on ceasing to be licensee or carrying on business . . . . . . . . . . . . . . . 271
407 Audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
PART 3--CLAIM FUND
408 Claim fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
409 How fund may be applied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
410 Agreements with financial institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
PART 4--FREEZING TRUST ACCOUNTS AND APPOINTING
RECEIVERS AND SPECIAL INVESTIGATORS
Division 1--Definitions
411 Definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
Division 2--Freezing licensees' accounts
412 Chief executive may freeze licensee's accounts in particular cases . . . . . 276
413 Financial institution must comply with direction . . . . . . . . . . . . . . . . . . . . . 277
414 Account not to be operated unless chief executive allows . . . . . . . . . . . . . 278
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415 Chief executive may operate account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
416 Withdrawal of direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
Division 3--Receivers
Subdivision 1--Appointment
417 When receiver may be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
418 Trust property over which receiver may be appointed . . . . . . . . . . . . . . . . . 280
419 Who may be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
420 How receivers are appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
Subdivision 2--Receiver's functions and powers
421 Receivers--functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
422 Requiring information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
423 Possession of receivership property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
424 Orders for possession of receivership property . . . . . . . . . . . . . . . . . . . . . . . . 282
425 Enforcing orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
426 Improperly withdrawing, destroying or concealing receivership property . . 283
427 Dealing with receivership property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
428 Obstructing receivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
Subdivision 3--Distributing receivership property
429 Notice to claimants against receivership property . . . . . . . . . . . . . . . . . . . . 284
430 Access to documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
431 Deciding claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
432 Payment of claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
433 Money not dealt with by receiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
Subdivision 4--Recovery of receivers' remuneration and costs
434 Recovery of remuneration and costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
Subdivision 5--Ending receivership
435 Ending receiver's appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
436 Dealing with receivership property when appointment ends . . . . . . . . . . . . 288
437 Returns by receiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
Subdivision 6--Miscellaneous
438 Receiver not personal representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
439 Receivership property free from execution or attachment . . . . . . . . . . . . . . 290
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Division 4--Special investigators
440 Appointment of special investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
441 Special investigators--functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
442 Special investigators--powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
443 Licensee must comply with special investigator's lawful requests . . . . . . . 291
444 Reports to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
445 Recovery of remuneration, costs or liabilities . . . . . . . . . . . . . . . . . . . . . . . . 292
446 Ending special investigator's appointment . . . . . . . . . . . . . . . . . . . . . . . . . . 292
CHAPTER 13--PROPERTY AGENTS AND MOTOR DEALERS
TRIBUNAL
PART 1--DEFINITIONS
447 Definitions for ch 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
PART 2--ESTABLISHMENT, JURISDICTION AND POWERS
Division 1--Establishment
448 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
449 Tribunal's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
Division 2--Jurisdiction and powers
450 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
451 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
PART 3--TRIBUNAL MEMBERS
452 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
453 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
454 Terms and conditions of member's appointment . . . . . . . . . . . . . . . . . . . . . . 296
455 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
456 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
457 Acting appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
458 Chairperson's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
PART 4--REGISTRAR AND OTHER STAFF
459 Registrar of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
460 Registrar's functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
461 Chairperson may direct registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
462 Engagement of consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
463 Appointment of acting registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
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Property Agents and Motor Dealers
464 Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
465 Appointment of tribunal staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
PART 5--GENERAL
466 Protection of members etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
467 Rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
468 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
CHAPTER 14--CLAIMS AGAINST THE FUND AND OTHER
PROCEEDINGS
PART 1--PRELIMINARY
469 Definitions for ch 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
PART 2--CLAIMS AGAINST THE FUND
Division 1--Who can claim
470 Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
471 Persons who can not claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
Division 2--Making and dealing with claims
472 Claims--time limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
473 How to make a claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
474 Chief executive to give respondent notice of claim . . . . . . . . . . . . . . . . . . . 307
475 Corporation to give notices in relation to claim . . . . . . . . . . . . . . . . . . . . . . 308
476 Dealing with claims that have not settled . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
477 Inspector may investigate claims and prepare report . . . . . . . . . . . . . . . . . . 309
Division 3--Minor claims
478 Procedure for deciding minor claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
479 Amendment of claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
480 Respondent fails to respond to claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
481 Deciding minor claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
482 Notifying decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
483 Party may ask tribunal to review chief executive's decision . . . . . . . . . . . . 312
484 Chief executive's decision binds the parties . . . . . . . . . . . . . . . . . . . . . . . . . 312
Division 4--Claims other than minor claims
485 Registrar to fix hearing date and issue attendance notices . . . . . . . . . . . . . 313
486 Amendment of claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
487 Non-appearance of respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
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488 Deciding claims other than minor claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
Division 5--Payment of claims and liability of persons for payments
from the fund
489 Payment of claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
490 Liability for payment from the fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
491 Chief executive to give respondent letter of demand . . . . . . . . . . . . . . . . . . 315
492 Limits on recovery from fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
493 Notice of other recovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
Division 6--Reimbursements to fund
494 Recovery of payments--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
495 Recovery of overpayments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
PART 3--DISCIPLINARY PROCEEDINGS
496 Grounds for starting disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . 318
497 How to start disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
498 When proceeding is taken to start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
499 Hearing date must be at least 14 days after attendance notice is given . . . 320
500 Amendment of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
PART 4--REVIEW PROCEEDINGS
501 Person dissatisfied with chief executive's decision may seek review . . . . 321
502 How to start review proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
503 Amendment of application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
504 Considering application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
505 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
PART 5--PROCEEDINGS GENERALLY
Division 1--Constitution of tribunal
506 Constitution of tribunal for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
Division 2--Disclosure of interests
507 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
Division 3--Management of proceedings
508 Way tribunal is to conduct proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
509 Directions and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
510 Application to extend time to file claim or review decision . . . . . . . . . . . . 325
511 Tribunal may extend time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
24
Property Agents and Motor Dealers
512 Joinder of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
513 Attendance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
514 Establishment of tribunal for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
515 Preliminary hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
516 Frivolous or vexatious claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
517 Venues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
Division 4--Representation
518 Right of appearance and representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329
Division 5--Other provisions about proceedings
519 Powers of tribunal relating to taking of evidence . . . . . . . . . . . . . . . . . . . . . 329
520 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
521 Power to refer matter for expert assessment or opinion . . . . . . . . . . . . . . . . 330
522 Power to adjourn hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
523 Questions of law to be decided by presiding member . . . . . . . . . . . . . . . . . 331
524 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
525 Punishment of contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
526 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
Division 6--Applications for summary orders
527 Application for summary order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
528 Respondent to be advised of application for summary order . . . . . . . . . . . . 333
Division 7--Tribunal's orders
529 Orders tribunal may make on disciplinary charge hearing . . . . . . . . . . . . . . 334
530 Orders tribunal may make on claim hearing . . . . . . . . . . . . . . . . . . . . . . . . . 335
531 Orders tribunal may make on review hearing . . . . . . . . . . . . . . . . . . . . . . . . 336
532 Summary orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
533 Form of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
534 Order must be supported by reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
535 Service of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
536 Publication of tribunal decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
Division 8--Costs
537 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
25
Property Agents and Motor Dealers
Division 9--Recovery of amounts
538 Recovery of fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
539 Recovery of amounts other than fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
Division 10--Appeal
540 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . . 338
CHAPTER 15--ENFORCEMENT
PART 1--INSPECTORS
541 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
542 Limitation of inspector's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
543 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
544 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
545 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
546 Production or display of identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
PART 2--INSPECTORS' POWERS
Division 1--Entry to places
547 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
Division 2--Procedure for entry
548 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
549 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343
550 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343
551 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344
552 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345
Division 3--Powers after entry
553 Inspector's powers in a place under a warrant . . . . . . . . . . . . . . . . . . . . . . . . 346
554 Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
555 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
556 Power to require documents to be produced . . . . . . . . . . . . . . . . . . . . . . . . . 348
557 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
PART 3--OTHER PROVISIONS ABOUT ENFORCEMENT
558 Duties of financial institution managers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
559 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
560 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
26
Property Agents and Motor Dealers
561 Threatening or obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
562 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
CHAPTER 16--INJUNCTIONS AND UNDERTAKINGS
PART 1--INJUNCTIONS
563 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
564 Who may apply for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
565 Grounds for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
566 Court's powers for injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354
567 Terms of injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354
568 Undertakings as to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
PART 2--UNDERTAKINGS
569 Chief executive may seek undertaking after contravention . . . . . . . . . . . . . 355
570 Variation and withdrawal of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
571 Enforcement of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
572 Register of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
CHAPTER 17--GENERAL OFFENCES, EVIDENTIARY
MATTERS AND LEGAL PROCEEDINGS
PART 1--GENERAL OFFENCES
573 Wrongful conversion and false accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
574 False representations about property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
575 Chief executive's power to ask for substantiation of
representations made by licensees or registered employees . . . . . . . . . . . . 359
576 False representations about mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360
577 Tampering with odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360
578 Offence to charge fee for providing documents etc. . . . . . . . . . . . . . . . . . . . 361
579 Offence to ask for, or receive, excess or improper remuneration . . . . . . . . 361
580 Offence to deal with trust account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
581 Offence to lend or borrow licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
582 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
583 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
584 Prohibited practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
PART 2--EVIDENTIARY MATTERS
585 Evidence of tampering by a motor dealer or auctioneer . . . . . . . . . . . . . . . . 364
27
Property Agents and Motor Dealers
586 Continuing false representation--tampered with odometer . . . . . . . . . . . . . 365
587 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
588 Entries in licensee's documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
PART 3--PROCEEDINGS
589 Proceedings for an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
590 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 368
591 Executive officers must ensure corporation complies with Act . . . . . . . . . . 369
592 Power of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369
593 Allegations of false or misleading representations or statements etc. . . . . . 370
CHAPTER 18--GENERAL
594 Public warning statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370
595 Civil remedies not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370
596 Crimes (Confiscation) Act 1989 not limited . . . . . . . . . . . . . . . . . . . . . . . . . 371
597 Delegation--chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
598 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
599 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
600 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
601 Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
602 Act repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373
CHAPTER 19--TRANSITIONAL AND SAVINGS PROVISIONS
603 Definitions for ch 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373
604 Former fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373
605 Subrogation of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374
606 Existing substitute licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374
607 Existing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374
608 Existing certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376
609 Existing applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377
610 Existing objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
611 Existing exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
612 Existing approved financial institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
613 Existing agreements with financial institutions . . . . . . . . . . . . . . . . . . . . . . . 379
614 Existing appointments to act as licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379
28
Property Agents and Motor Dealers
615 Existing trust accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379
616 Existing agreements entered into by committee . . . . . . . . . . . . . . . . . . . . . . 380
617 Existing auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
618 Existing receivers appointed by committee . . . . . . . . . . . . . . . . . . . . . . . . . . 380
619 Existing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381
620 Registrar's or deputy registrar's acts and decisions . . . . . . . . . . . . . . . . . . . 381
621 Continuation of restriction on licensee's remedy for commission etc. . . . . 381
622 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381
623 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382
624 Legal proceedings by or against committee . . . . . . . . . . . . . . . . . . . . . . . . . 382
625 Provisions for property developers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383
626 Provisions for property developer salespersons . . . . . . . . . . . . . . . . . . . . . . . 383
627 Provisions for particular motor dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
628 Provisions for particular motor salespersons . . . . . . . . . . . . . . . . . . . . . . . . . 384
629 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
630 References to former fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 386
DECISIONS SUBJECT TO REVIEW
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 388
CONSEQUENTIAL AMENDMENTS
BODY CORPORATE AND COMMUNITY MANAGEMENT ACT
1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
BUILDING UNITS AND GROUP TITLES ACT 1980 . . . . . . . . . . . . . . . . . 389
FIRE AND RESCUE AUTHORITY ACT 1990 . . . . . . . . . . . . . . . . . . . . . . 390
FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
LAND SALES ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
POLICE POWERS AND RESPONSIBILITIES ACT 2000 . . . . . . . . . . . . . 391
SECOND-HAND DEALERS AND COLLECTORS ACT 1984 . . . . . . . . . . 391
SMALL CLAIMS TRIBUNALS ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . . 392
SOUTH BANK CORPORATION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . 393
STATE HOUSING ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT)
ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
29
Property Agents and Motor Dealers
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 395
DICTIONARY
2000
A BILL
FOR
An Act to comprehensively provide for the regulation of the activities,
licensing and conduct of restricted letting agents, real estate
agents, pastoral houses, auctioneers, property developers, motor
dealers and commercial agents and their employees, and for other
purposes
s1 32 s4
Property Agents and Motor Dealers
The Parliament of Queensland enacts-- 1
CHAPTER 1--PRELIMINARY 2
ART 1--INTRODUCTION 3
P
title 4
Short
1. This Act may be cited as the Property Agents and Motor Dealers 5
Act 2000. 6
7
Commencement
2. This Act commences on a day to be fixed by proclamation. 8
binds all persons 9
Act
3.(1) This Act binds all persons, including the State, and, so far as the 10
legislative power of Parliament permits, the Commonwealth and the other 11
States. 12
(2) Nothing in this Act makes the State, the Commonwealth or any other 13
State liable to be prosecuted for an offence. 14
15
Exemption--auctions
4. Chapter 71 does not apply to-- 16
(a) a sale ordered by the sheriff under any process issued out of a 17
court; or 18
(b) a sale made under a rule, order, or judgment of the Supreme 19
Court or District Court; or 20
1 Chapter 7 (Auctioneers)
s5 33 s6
Property Agents and Motor Dealers
(c) a sale made by a person obeying an order of, or a process issued 1
by, a court, judge or justice, or the registrar of the State Penalties 2
Enforcement Registry for the recovery of a fine, penalty, or 3
award; or 4
(d) a sale of an animal lawfully impounded and sold under a law 5
about impounding; or 6
(e) a sale of goods distrained for rent or arrears of rent; or 7
(f) a sale by postal bids of stamps or coins. 8
officials 9
Exemption--public
5.(1) Section 3542 does not apply to a bailiff serving a claim, application, 10
summons or other process. 11
(2) Chapter 12 3 does not apply to a prescribed officer in relation to trust 12
moneys for which the prescribed officer is responsible if another Act makes 13
provision for the way the prescribed officer is required to deal with moneys 14
held by the officer in trust. 15
(3) In this section-- 16
"bailiff" means a bailiff appointed under the Supreme Court Act 1995, 17
part 12, the District Court Act 1967 or the Magistrates Courts 18
Act 1921. 19
"prescribed officer" means-- 20
(a) an accountable officer under the Financial Administration and 21
Audit Act 1977; or 22
(b) a public service officer. 23
institutions and trustee companies 24
Exemption--financial
6.(1) Chapters 5, 6, 9 and 10 4 do not apply to a financial institution or 25
2 Section 354 (Acting as commercial agent)
3 Chapter 12 (Accounts and funds)
4 Chapters 5 (Real estate agents), 6 (Pastoral houses), 9 (Motor dealers) and 10
(Commercial agents)
s7 34 s9
Property Agents and Motor Dealers
trustee company. 1
(2) In this section-- 2
"trustee company" means-- 3
(a) a trustee company under the Trustee Companies Act 1968; or 4
(b) the public trustee when the public trustee is-- 5
(i) performing the activities that may be performed by a trustee 6
company; or 7
(ii) exercising the powers that may be exercised by a trustee 8
company; or 9
(iii) holding an office that may be held by a trustee company. 10
houses 11
Exemption--pastoral
7.(1) A pastoral house is exempt from chapter 125 other than in relation 12
to any sale of rural land or the auction of land that is not rural land. 13
(2) Subsection (1) applies subject to section 165(3).6 14
sales 15
Exemption--livestock
8. A del credere agent is exempt from chapter 12 in relation to the sale of 16
livestock if the agent and the livestock's seller agree in writing before the 17
sale that the agent guarantees payment of the livestock's purchase price to 18
the seller.7 19
corporations 20
Exemption--nonprofit
9.(1) A nonprofit corporation is exempt from chapters 4 and 58 if-- 21
(a) the corporation provides or locates-- 22
5 Chapter 12 (Accounts and funds)
6 Section 165 (What a pastoral house licence authorises)
7 This practice is commonly known as `del credere'.
8 Chapters 4 (Restricted letting agents) and 5 (Real estate agents)
s 10 35 s 10
Property Agents and Motor Dealers
(i) affordable rental housing under an affordable housing 1
scheme; or 2
(ii) approved supported accommodation; and 3
(b) the providing or locating of the housing or accommodation is 4
funded or managed by the Commonwealth, the State or a local 5
government. 6
(2) Subsection (1) does not apply if the nonprofit corporation is 7
otherwise carrying on the business of a restricted letting agent or real estate 8
agent. 9
(3) To remove any doubt, it is declared that a corporation does not stop 10
being a nonprofit corporation only because it receives a reward for 11
providing its services to another nonprofit corporation. 12
(4) In this section-- 13
"affordable housing scheme" see the Residential Tenancies Act 1994, 14
schedule 3. 15
"approved supported accommodation" see the Residential Tenancies Act 16
1994, schedule 3. 17
"nonprofit corporation" means a corporation formed for a purpose other 18
than the purpose of making a profit. 19
ART 2--OBJECT 20
P
21
Object
10.(1) The main object of this Act is to provide a system for licensing 22
and regulating persons as restricted letting agents, real estate agents, pastoral 23
houses, auctioneers, property developers, motor dealers and commercial 24
agents, and for registering and regulating persons as registered employees, 25
that achieves an appropriate balance between-- 26
(a) the need to regulate for the protection of consumers; and 27
(b) the need to promote freedom of enterprise in the market place. 28
s 10 36 s 10
Property Agents and Motor Dealers
(2) The object is to be achieved mainly by-- 1
(a) ensuring-- 2
(i) only suitable persons with appropriate qualifications are 3
licensed or registered; and 4
(ii) persons who carry on business or are in charge of a 5
licensee's business at a place under the authority of a 6
property agents and motor dealers licence maintain close 7
personal supervision of the way the business is carried on; 8
and 9
(b) providing-- 10
(i) protection for consumers in their dealings with licensees and 11
their employees; and 12
(ii) a legislative framework within which persons performing 13
activities for licensees may lawfully operate; and 14
(c) regulating fees and commissions that can be charged for particular 15
transactions; and 16
(d) promoting administrative efficiency by providing that-- 17
(i) responsibility for licensing rests with the chief executive; and 18
(ii) responsibility for minor claims against the fund rests with 19
the chief executive; and 20
(iii) responsibility for claims, other than minor claims, against 21
the fund rests with the tribunal; and 22
(iv) responsibility for reviewing particular decisions of the chief 23
executive rests with the tribunal; and 24
(v) responsibility for disciplinary matters rests with the tribunal; 25
and 26
(e) establishing a claim fund to provide compensation in particular 27
circumstances for persons who suffer financial loss because of 28
their dealings with persons, other than property developers and 29
their employees, regulated under this Act; and 30
(f) providing increased flexibility in enforcement measures through 31
codes of conduct, injunctions and undertakings. 32
s 11 37 s 13
Property Agents and Motor Dealers
PART 3--INTERPRETATION 1
2
Definitions
11. The dictionary in schedule 3 defines particular words used in this Act. 3
in text 4
Notes
12. A note in the text of this Act is part of the Act. 5
of "beneficial interest" 6
Meaning
13.(1) For this Act, a licensee, other than a property developer, is taken to 7
have a "beneficial interest" in property in each of the following cases-- 8
Case 1 9
The purchase or sale of the property is made for the licensee or an 10
associate9 of the licensee. 11
Case 2 12
An option to purchase the property is held by the licensee or an associate 13
of the licensee. 14
Case 3 15
The purchase or sale of the property is made for a corporation (having 16
not more than 100 members) of which the licensee or an associate of the 17
licensee is a member. 18
Case 4 19
An option to purchase the property is held by a corporation (having not 20
more than 100 members) of which the licensee or an associate of the 21
licensee is a member. 22
Case 5 23
The purchase or sale of the property is made for a corporation of which 24
the licensee or an associate of the licensee is an executive officer. 25
9 `Associate' is a term defined in the dictionary.
s 13 38 s 13
Property Agents and Motor Dealers
Case 6 1
An option to purchase the property is held by a corporation of which the 2
licensee or an associate of the licensee is an executive officer. 3
Case 7 4
The purchase or sale of the property is made for a member of a firm or 5
partnership of which the licensee or an associate of the licensee is also a 6
member. 7
Case 8 8
The purchase or sale of the property is made for a person carrying on a 9
business for profit or gain and the licensee or an associate of the licensee 10
has, directly or indirectly, a right to participate in the income or profits of the 11
person's business or the purchase or sale of the property. 12
(2) For this Act, a registered employee of a licensee, other than a property 13
developer, is taken to have a "beneficial interest" in property in each of the 14
following cases-- 15
Case 1 16
The purchase or sale of the property is made for the registered employee 17
or an associate10 of the employee. 18
Case 2 19
The registered employee or an associate of the employee has an option to 20
purchase the property. 21
Case 3 22
The purchase or sale of the property is made for a corporation (having 23
not more than 100 members) of which the registered employee or an 24
associate of the employee is a member. 25
Case 4 26
An option to purchase the property is held by a corporation (having not 27
more than 100 members) of which the registered employee or an associate 28
of the employee is a member. 29
10 `Associate' is a term defined in the dictionary.
s 14 39 s 15
Property Agents and Motor Dealers
Case 5 1
The purchase or sale of the property is made for a corporation of which 2
the registered employee or an associate of the employee is an executive 3
officer. 4
Case 6 5
An option to purchase the property is held by a corporation of which the 6
registered employee or an associate of the employee is an executive officer. 7
Case 7 8
The purchase or sale of the property is made for a member of a firm or 9
partnership of which the registered employee or an associate of the 10
employee is also a member. 11
Case 8 12
The purchase or sale of the property is made for a person carrying on a 13
business for profit or gain and the registered employee or an associate of the 14
employee has, directly or indirectly, a right to participate in the income or 15
profits of the person's business or the purchase or sale of the property. 16
of "in charge" 17
Meaning
14.(1) A person is "in charge" of a licensee's business at a place where 18
the licensee carries on business only if the person personally supervises, 19
manages or controls the conduct of the licensee's business at the place. 20
(2) In this section-- 21
"licensee's business" means the licensee's business carried on under the 22
authority of the licensee's licence. 23
of "motor vehicle" 24
Meaning
15.(1) "Motor vehicle" means a vehicle that moves on wheels and is 25
propelled by a motor that forms part of the vehicle, whether or not the 26
vehicle is capable of being operated or used in a normal way, and includes a 27
caravan. 28
(2) "Motor vehicle" does not include-- 29
(a) a hovercraft; or 30
s 16 40 s 17
Property Agents and Motor Dealers
(b) a vehicle designed for use exclusively in the mining industry; or 1
(c) a trailer, other than a caravan; or 2
(d) a tractor or farm machinery; or 3
(e) a vehicle designed for use exclusively on a railway or tramway. 4
of "open listing" 5
Meaning
16.(1) An "open listing" is a written agreement entered into between a 6
person ("seller") and a real estate agent or pastoral house ("selling agent") 7
under which the seller appoints the selling agent, in accordance with the 8
terms of the agreement, to sell stated property. 9
(2) Under the agreement-- 10
(a) the seller retains a right-- 11
(i) to sell the seller's property during the term of the agreement; 12
or 13
(ii) to appoint additional real estate agents and pastoral houses as 14
selling agents to sell the property on terms similar to those 15
under the agreement; and 16
(b) the appointed selling agent is entitled to remuneration only if he or 17
she is the effective cause of sale; and 18
(c) the appointment of the selling agent can be ended by either the 19
seller or the selling agent at any time. 20
of "residential property" 21
Meaning
17.(1) Property is "residential property" if the property is-- 22
(a) land, with an area of not more than 2.5 ha, on which a place of 23
residence is constructed or being constructed; or 24
(b) vacant land, with an area of not more than 2.5 ha, on which the 25
construction of a place of residence is not prohibited by law. 26
(2) Without limiting subsection (1), property is "residential property" 27
if the property is any of the following lots that is a place of residence or in 28
relation to which the construction of a place of residence is not prohibited by 29
s 18 41 s 19
Property Agents and Motor Dealers
law-- 1
(a) a lot included in a community titles scheme, or proposed to be 2
included in a community titles scheme, under the Body Corporate 3
and Community Management Act 1997; 4
(b) a lot or proposed lot under the Building Units and Group Titles 5
Act 1980; 6
(c) a lot shown on a leasehold building units plan registered or to be 7
registered under the South Bank Corporation Act 1989. 8
of "unsolicited invitation" 9
Meaning
18.(1) An "unsolicited invitation" to a person to attend a property 10
information session includes an invitation-- 11
(a) addressed personally to the person and sent to the person's 12
residential, business, postal or email address; or 13
(b) made by telephoning the person, or by other personal approach to 14
the person. 15
(2) An invitation to a person to attend a property information session is 16
not an unsolicited invitation if it is-- 17
(a) made at the person's request, other than in response to an 18
approach of a kind mentioned in subsection (1)(b); or 19
(b) made to the public generally or a section of the public by media 20
advertisement; or 21
(c) addressed nonspecifically and sent to the person's residential, 22
business, postal or email address. 23
24
Examples of invitations addressed nonspecifically--
25
1. `The owner'
26
2. `The householder'.
between "exclusive agency" and "sole agency" 27
Difference
19.(1) The only difference between an "exclusive agency" and a "sole 28
agency" is the extent of the entitlement of a selling agent to receive an 29
agreed commission or other reward on the sale of particular property. 30
s 19 42 s 19
Property Agents and Motor Dealers
(2) Under an "exclusive agency", a selling agent is entitled, on the sale 1
of particular property and in accordance with the terms of an agreement with 2
the seller of the property, to receive an agreed commission or other reward, 3
whether or not the selling agent is the effective cause of the sale. 4
(3) However, if the sale were subject to a "sole agency", the selling agent 5
would not be entitled to the commission or other reward if the seller were 6
the effective cause of the sale. 7
8
Example--
9
Facts--S is the owner of a place of residence that S appoints R to sell. B buys
10
the place of residence.
11
Assume for the example that in the following cases the following persons are the
12
effective cause of the sale--
13
case 1--R
14
case 2--X (another real estate agent)
15
case 3--M (S's mother)
16
case 4--S.
17
If the selling agent is appointed under an exclusive agency, R is entitled to an
18
agreed commission or other reward in accordance with the terms of R's agreement
19
with S in cases 1, 2, 3 and 4. If the selling agent is appointed under a sole agency,
20
R is entitled to an agreed commission or other reward in accordance with the terms
21
of R's agreement with S only in cases 1, 2 and 3.
(4) In this section-- 22
"seller", of property, means the person authorising the sale of the property. 23
"selling agent" , of property, means a real estate agent, pastoral house or 24
auctioneer appointed under a written agreement under this Act by the 25
seller to sell the property. 26
s 20 43 s 21
Property Agents and Motor Dealers
CHAPTER 2--LICENSING 1
ART 1--CATEGORIES OF LICENCE 2
P
of licence 3
Categories
20. The chief executive may issue the following categories of property 4
agents and motor dealers licence under this Act-- 5
(a) property agents and motor dealers licence (restricted letting agent); 6
(b) property agents and motor dealers licence (real estate); 7
(c) property agents and motor dealers licence (pastoral house); 8
(d) property agents and motor dealers licence (pastoral house 9
director); 10
(e) property agents and motor dealers licence (pastoral house 11
manager); 12
(f) property agents and motor dealers licence (pastoral house 13
auctioneer); 14
(g) property agents and motor dealers licence (auctioneer); 15
(h) property agents and motor dealers licence (property developer); 16
(i) property agents and motor dealers licence (property developer 17
director); 18
(j) property agents and motor dealers licence (motor dealer); 19
(k) property agents and motor dealers licence (commercial agent). 20
PART 2--HOW TO OBTAIN A LICENCE 21
involved in obtaining a licence 22
Steps
21.(1) A person who wishes to obtain a licence must be a suitable person 23
s 22 44 s 22
Property Agents and Motor Dealers
to hold a licence under part 4.11 1
(2) The person must apply for the licence by-- 2
(a) submitting an application showing, among other things, the 3
person is eligible to obtain the licence; and 4
(b) paying the fees prescribed under a regulation; and 5
(c) giving the chief executive the other information required under 6
section 23 and, if the person intends carrying on business under 7
the licence, section 25. 8
(3) The chief executive decides the person's application after having 9
regard, among other things, to-- 10
(a) the person's suitability to hold a licence under this Act; and 11
(b) the person's eligibility to hold the licence. 12
ART 3--APPLICATIONS FOR LICENCE 13
P
for licence 14
Application
22.(1) An applicant for a licence must-- 15
(a) apply to the chief executive in the approved form; and 16
(b) state the category of licence being applied for; and 17
(c) state the term of the licence being applied for; and 18
(d) establish the applicant's eligibility for the category of licence being 19
applied for; and 20
(e) state the names and addresses of the applicant's business 21
associates; and 22
(f) provide any information the chief executive reasonably requires to 23
decide whether the applicant is a suitable person to hold a licence. 24
(2) The application must be accompanied by-- 25
11 Part 4 (Suitability of applicants and licensees)
s 23 45 s 23
Property Agents and Motor Dealers
(a) an application fee; and 1
(b) a licence issue fee; and 2
(c) for an applicant who is an individual, 2 recent colour photographs 3
of the applicant of a size prescribed under a regulation and 4
certified as photographs of the applicant in the way prescribed 5
under a regulation. 6
(3) Subsection (2)(a) and (b) does not apply if the applicant is a 7
corporation that holds another category of property agents and motor dealers 8
licence. 9
must specify business address 10
Applicant
23.(1) The applicant must also specify in the applicant's application-- 11
(a) if the applicant intends carrying on business under the licence 12
immediately after the issue of the licence--the place or places in 13
Queensland where the applicant proposes to carry on business 14
under the licence; or 15
(b) if the applicant does not intend carrying on business under the 16
licence immediately after the issue of the licence-- 17
(i) the capacity in which the person intends performing activities 18
under the licence and the address where the activities are to 19
be performed ("business address"); and 20
(ii) if the person intends to be a person in charge of a licensee's 21
business at a place of business--the name of the person's 22
employer and the address of the place of business where the 23
person is to be in charge (also a "business address"). 24
25
Examples of capacity in which activities may be performed--
26
· director of a licensed corporation
27
· licensed employee of a licensee.
28
Example of business address of an employed licensee--
29
· the address of the person's employer's place of business where the
30
person generally reports for work.
(2) If the applicant intends to carry on business under the licence at more 31
than 1 place, the applicant must specify in the application the place the 32
s 24 46 s 25
Property Agents and Motor Dealers
applicant intends to be the applicant's principal place of business. 1
(3) A place of business or an address under this section must be a place 2
where a document can be served personally. 3
4
Example--
5
A post office box is not a place the applicant may use as a place of business or an
6
address for this Act.
to give information or material about application 7
Requirement
24.(1) This section applies to an applicant for a licence. 8
(2) The chief executive may, by written notice given to the applicant, 9
require the applicant to give the chief executive information or material the 10
chief executive reasonably considers is needed to consider the applicant's 11
application for the licence within a stated reasonable time. 12
(3) The applicant is taken to have withdrawn the application if, within the 13
stated reasonable time, the applicant fails to comply with the chief 14
executive's requirement. 15
intending to carry on business to advise name of auditor 16
Applicant
25.(1) If the applicant intends carrying on business under a licence and is 17
required under this Act to keep a trust account, the applicant must-- 18
(a) state in the applicant's application the name and business address 19
of an auditor appointed by the applicant to audit the trust 20
account;12 and 21
(b) give the chief executive evidence that the auditor has accepted the 22
appointment as auditor. 23
24
Note--
25
A property developer is not required to keep a trust account. See
26
section 374.
12 See section 392 (Principal licensee must appoint auditor).
s 26 47 s 27
Property Agents and Motor Dealers
(2) In this section-- 1
"auditor" has the meaning given by section 391.13 2
ART 4--SUITABILITY OF APPLICANTS AND 3
P
LICENSEES 4
of applicants and licensees--individuals 5
Suitability
26.(1) An individual is not a suitable person to hold a licence if the 6
person is-- 7
(a) affected by bankruptcy action; or 8
(b) a person who has been convicted, in Queensland or elsewhere, 9
within the preceding 5 years of a serious offence; or 10
(c) currently disqualified from holding a licence or registration 11
certificate; or 12
(d) a person the chief executive decides under section 2814 is not a 13
suitable person to hold a licence. 14
(2) An individual who is not a suitable person can not hold a licence. 15
of applicants and licensees--corporations 16
Suitability
27.(1) A corporation is not a suitable person to hold a licence if an 17
executive officer of the corporation is-- 18
(a) affected by bankruptcy action; or 19
(b) a person who has been convicted, in Queensland or elsewhere, 20
within the preceding 5 years of a serious offence; or 21
13 Section 391 (Definitions for pt 2)
14 Section 28 (Chief executive must consider suitability of applicants and
licensees)
s 28 48 s 28
Property Agents and Motor Dealers
(c) a person the chief executive decides under section 28 is not a 1
suitable person to hold a licence. 2
(2) A corporation that is not a suitable person can not hold a licence. 3
executive must consider suitability of applicants and licensees 4
Chief
28.(1) The chief executive must, when deciding whether a person is a 5
suitable person to hold a licence, consider the following things-- 6
(a) the character of the person; 7
(b) the character of the person's business associates; 8
(c) whether the person held a licence under this Act, the repealed Act 9
or a corresponding law that was suspended or cancelled; 10
(d) whether an amount has been paid from the fund because the 11
person did, or omitted to do, something that gave rise to the claim 12
against the fund; 13
(e) whether the person has been disqualified under this Act, the 14
repealed Act or a corresponding law from being a licensee or an 15
executive officer of a corporation; 16
(f) for an individual-- 17
(i) the person's criminal history; and 18
(ii) whether the person has been affected by bankruptcy action; 19
and 20
(iii) whether the person has been convicted of an offence against 21
this Act or the repealed Act or a corresponding law; 22
(iv) whether the person is capable of satisfactorily performing the 23
activities of a licensee; 24
(v) whether the person's name appears in the register of 25
disqualified company directors and other officers under the 26
Corporations Law;15 27
(g) for a corporation-- 28
15 See the Corporations Law, section 1274AA (Register of disqualified company
directors and other officers).
s 29 49 s 32
Property Agents and Motor Dealers
(i) whether the corporation has been placed in receivership or 1
liquidation; and 2
(ii) whether an executive officer of the corporation has been 3
affected by bankruptcy action; and 4
(iii) whether an executive officer of the corporation has been 5
convicted of an offence against this Act or the repealed Act; 6
and 7
(iv) whether each executive officer of the corporation is a suitable 8
person to hold a licence; 9
(h) another thing the chief executive may consider under this Act. 10
(2) If the chief executive decides a person is not a suitable person to hold 11
a licence, the chief executive must give the person an information notice 12
within 14 days after the decision is made. 13
(3) In this section-- 14
"fund" includes the auctioneers and agents fidelity guarantee fund under the 15
repealed Act. 16
trustee is a suitable person 17
Public
29. The corporation sole called The Public Trustee of Queensland is taken 18
to be a suitable person to hold a licence. 19
executive of department is a suitable person 20
Chief
30. The chief executive of a department of government is taken to be a 21
suitable person to hold a licence. 22
Housing Commission is a suitable person 23
Queensland
31. The Queensland Housing Commission is taken to be a suitable 24
person to hold a licence. 25
about suitability of applicants and licensees 26
Investigations
32.(1) The chief executive may make investigations about the following 27
s 33 50 s 34
Property Agents and Motor Dealers
persons to help the chief executive decide whether an applicant or licensee is 1
a suitable person to hold a licence-- 2
(a) the applicant or licensee; 3
(b) if the applicant or licensee is a corporation--the corporation's 4
executive officers; 5
(c) a business associate of the applicant or licensee. 6
(2) Without limiting subsection (1), the chief executive may ask the 7
commissioner of the police service for a written report about the criminal 8
history of any of the persons. 9
(3) The commissioner must give the report to the chief executive. 10
(4) However, the report is required to contain only criminal history in the 11
commissioner's possession or to which the commissioner has access. 12
history is confidential document 13
Criminal
33.(1) An officer, employee or agent of the department must not, directly 14
or indirectly, disclose to anyone else a report about a person's criminal 15
history, or information contained in the report, given under section 32. 16
Maximum penalty--100 penalty units. 17
(2) However, the person does not contravene subsection (1) if-- 18
(a) disclosure of the report or information to someone else is 19
authorised by the chief executive to the extent necessary to 20
perform a function under or in relation to this Act; or 21
(b) the disclosure is otherwise required or permitted by law. 22
(3) The chief executive must destroy the report as soon as practicable 23
after considering the person's suitability to hold a licence. 24
to give chief executive information or material about 25
Requirement
suitability 26
34.(1) This section applies to an applicant for the issue of a licence or the 27
renewal or restoration of a licence. 28
s 35 51 s 35
Property Agents and Motor Dealers
(2) The chief executive may, by written notice given to the applicant, 1
require the applicant to give the chief executive information or material the 2
chief executive reasonably considers is needed to establish the applicant's 3
suitability for the licence within a stated reasonable time. 4
(3) The applicant is taken to have withdrawn the application if, within the 5
stated reasonable time, the applicant fails to comply with the chief 6
executive's requirement. 7
PART 5--ELIGIBILITY FOR LICENCE 8
Division 1--Restricted letting agent's licence 9
for restricted letting agent's licence 10
Eligibility
35.(1) An individual is eligible to obtain a restricted letting agent's licence 11
for a building complex only if the individual-- 12
(a) is at least 18 years; and 13
(b) has the educational or other qualifications for a restricted letting 14
agent's licence that may be prescribed under a regulation; and 15
(c) satisfies the chief executive that the individual-- 16
(i) has body corporate approval for the individual or the person 17
by whom the individual is to be employed to carry on a 18
business of letting lots in the building complex under the 19
authority of a licence; and 20
(ii) resides, or will reside if issued with a licence, in the building 21
complex or, if the individual proposes to perform the 22
activities of a restricted letting agent for more than 1 building 23
complex, in 1 of the building complexes; and 24
(iii) has a place, or will have a place if issued with a licence, in 25
the building complex or, if the individual proposes to 26
perform the activities of a restricted letting agent for more 27
than 1 building complex, in 1 of the building complexes, that 28
s 35 52 s 35
Property Agents and Motor Dealers
will be the individual's registered office. 1
(2) An individual is to be taken to satisfy the requirement mentioned in 2
subsection (1)(b) if the chief executive is satisfied the individual-- 3
(a) has a comparable qualification; or 4
(b) within 2 years before the day the individual's application for a 5
restricted letting agent's licence is received by the chief 6
executive-- 7
(i) has been licensed as a restricted letting agent or real estate 8
agent; or 9
(ii) has been the holder of a comparable licence under the 10
repealed Act. 11
(3) A corporation is eligible to obtain a restricted letting agent's licence 12
for a building complex only if the corporation satisfies the chief executive 13
that-- 14
(a) the corporation has body corporate approval for the corporation to 15
carry on a business of letting lots in the building complex under 16
the authority of a licence; and 17
(b) a director of the corporation is a restricted letting agent; and 18
(c) the individual who will perform the activities of a restricted letting 19
agent for the corporation-- 20
(i) is a restricted letting agent; and 21
(ii) resides, or will reside if the corporation is issued with a 22
licence, in the building complex or, if the individual proposes 23
to perform the activities of a restricted letting agent for the 24
corporation for more than 1 building complex, in 1 of the 25
building complexes; and 26
(iii) has a place, or will have a place if issued with a licence, in 27
the building complex or, if the individual proposes to 28
perform the activities of a restricted letting agent for the 29
corporation for more than 1 building complex, that will be 30
the individual's registered office. 31
(4) An individual who satisfies the chief executive that the individual will 32
be a director of a corporation that is a restricted letting agent is not required 33
s 36 53 s 37
Property Agents and Motor Dealers
to comply with subsection (1)(c)(ii) if the individual does not intend 1
performing the activities of a restricted letting agent for the building 2
complex. 3
2--Real estate agent's licence 4
Division
for real estate agent's licence 5
Eligibility
36.(1) An individual is eligible to obtain a real estate agent's licence only 6
if the individual-- 7
(a) is at least 18 years; and 8
(b) has the educational or other qualifications for a real estate agent's 9
licence that may be prescribed under a regulation. 10
(2) An individual is to be taken to satisfy the requirement mentioned in 11
subsection (1)(b) if the chief executive is satisfied the individual-- 12
(a) has a comparable qualification; or 13
(b) within 2 years before the day the individual's application for a real 14
estate agent's licence is received by the chief executive-- 15
(i) has been licensed as a real estate agent; or 16
(ii) has been the holder of a comparable licence under the 17
repealed Act. 18
(3) A corporation is eligible to obtain a real estate agent's licence only if 19
the corporation satisfies the chief executive that a director of the corporation 20
is a real estate agent. 21
Division 3--Pastoral house licences 22
for pastoral house licence 23
Eligibility
37. A person is eligible to obtain a pastoral house licence only if the 24
person is a corporation and-- 25
(a) the corporation is-- 26
s 38 54 s 39
Property Agents and Motor Dealers
(i) a corporation within the meaning of the Corporations Law; 1
and 2
(ii) the subject of an order under the Banking Act 1959 (Cwlth), 3
section 1116 to the effect that the provisions of that Act, other 4
than section 63, do not apply to it; and 5
(iii) a registered corporation under the Financial Corporations 6
Act 1974 (Cwlth) included in the category for pastoral 7
finance companies under that Act; and 8
(b) the corporation satisfies the chief executive that a director of the 9
corporation is a pastoral house director. 10
for pastoral house director's licence 11
Eligibility
38.(1) A person is eligible to obtain a pastoral house director's licence 12
only if the person-- 13
(a) is an individual and at least 18 years; and 14
(b) has the educational or other qualifications for a pastoral house 15
director's licence that may be prescribed under a regulation; and 16
(c) has been employed by a pastoral house for at least the period 17
prescribed under a regulation; and 18
(d) is, or satisfies the chief executive that the person, on the issue of 19
the licence, will be, a director of the pastoral house stated in the 20
person's application for licence. 21
(2) An individual is to be taken to satisfy the requirement mentioned in 22
subsection (1)(b) if the chief executive is satisfied the individual has a 23
comparable qualification. 24
for pastoral house manager's licence 25
Eligibility
39.(1) A person is eligible to obtain a pastoral house manager's licence 26
only if the person-- 27
(a) is an individual and at least 18 years; and 28
16 Banking Act 1959 (Cwlth), section 11 (APRA may determine that provisions of
this Act do not apply)
s 40 55 s 41
Property Agents and Motor Dealers
(b) has the educational or other qualifications for a pastoral house 1
manager's licence that may be prescribed under a regulation; and 2
(c) has been employed by a pastoral house for at least the period 3
prescribed under a regulation. 4
(2) An individual is to be taken to satisfy the requirement mentioned in 5
subsection (1)(b) if the chief executive is satisfied the individual has a 6
comparable qualification. 7
for pastoral house auctioneer's licence 8
Eligibility
40.(1) A person is eligible to obtain a pastoral house auctioneer's licence 9
only if the person-- 10
(a) is an individual and at least 18 years; and 11
(b) has the educational or other qualifications for a pastoral house 12
auctioneer's licence that may be prescribed under a regulation; and 13
(c) has been employed by a pastoral house for at least the period 14
prescribed under a regulation. 15
(2) An individual is to be taken to satisfy the requirement mentioned in 16
subsection (1)(b) if the chief executive is satisfied the individual has a 17
comparable qualification. 18
Division 4--Auctioneer's licences 19
for auctioneer's licence 20
Eligibility
41.(1) An individual is eligible to obtain an auctioneer's licence only if 21
the individual-- 22
(a) is at least 18 years; and 23
(b) has the educational or other qualifications for an auctioneer's 24
licence that may be prescribed under a regulation. 25
(2) An individual is to be taken to satisfy the requirement mentioned in 26
subsection (1)(b) if the chief executive is satisfied the individual-- 27
(a) has a comparable qualification; or 28
s 42 56 s 44
Property Agents and Motor Dealers
(b) within 2 years before the day the individual's application for an 1
auctioneer's licence is received by the chief executive-- 2
(i) has been licensed as an auctioneer; or 3
(ii) has been the holder of a comparable licence under the 4
repealed Act. 5
(3) A corporation is eligible to obtain an auctioneer's licence only if the 6
corporation satisfies the chief executive that a director of the corporation is 7
an auctioneer. 8
5--Property developer's licence 9
Division
for property developer's licence 10
Eligibility
42.(1) An individual is eligible to obtain a property developer's licence 11
only if the individual is at least 18 years. 12
(2) A corporation is eligible to obtain a property developer's licence only 13
if the corporation satisfies the chief executive that a director of the 14
corporation is, or on the issue of the licence will be, a property developer 15
director. 16
for property developer director's licence 17
Eligibility
43. A person is eligible to obtain a property developer director's licence 18
only if the person-- 19
(a) is an individual and at least 18 years; and 20
(b) is, or satisfies the chief executive that the person, on the issue of 21
the licence, will be, a director of the property developer stated in 22
the person's application for licence. 23
6--Motor dealer's licence 24
Division
for motor dealer's licence 25
Eligibility
44.(1) An individual is eligible to obtain a motor dealer's licence only if 26
s 45 57 s 45
Property Agents and Motor Dealers
the individual-- 1
(a) is at least 18 years; and 2
(b) has the educational or other qualifications for a motor dealer's 3
licence that may be prescribed under a regulation. 4
(2) An individual is to be taken to satisfy the requirement mentioned in 5
subsection (1)(b) if the chief executive is satisfied the individual-- 6
(a) has a comparable qualification; or 7
(b) within 2 years before the day the individual's application for a 8
motor dealer's licence is received by the chief executive-- 9
(i) has been licensed as a motor dealer; or 10
(ii) has been the holder of a comparable licence under the 11
repealed Act. 12
(3) A corporation is eligible to obtain a motor dealer's licence only if the 13
corporation satisfies the chief executive that a director of the corporation is a 14
motor dealer. 15
Division 7--Commercial agent's licence 16
for commercial agent's licence 17
Eligibility
45.(1) An individual is eligible to obtain a commercial agent's licence 18
only if the individual-- 19
(a) is at least 18 years; and 20
(b) has the educational or other qualifications for an commercial 21
agent's licence that may be prescribed under a regulation. 22
(2) An individual is to be taken to satisfy the requirement mentioned in 23
subsection (1)(b) if the chief executive is satisfied the individual-- 24
(a) has a comparable qualification; or 25
(b) within 2 years before the day the individual's application for a 26
commercial agent's licence is received by the chief executive-- 27
(i) has been licensed as a commercial agent; or 28
s 46 58 s 47
Property Agents and Motor Dealers
(ii) has been the holder of a comparable licence under the 1
repealed Act. 2
(3) A corporation is eligible to obtain a commercial agent's licence only if 3
the corporation satisfies the chief executive that a director of the corporation 4
is a commercial agent. 5
8--Chief executives and corporations sole 6
Division
trustee is eligible to obtain particular licences 7
Public
46. The public trustee as a corporation sole is taken to be eligible to obtain 8
the following licences-- 9
(a) restricted letting agent's licence; 10
(b) real estate agent's licence; 11
(c) auctioneer's licence; 12
(d) property developer's licence; 13
(e) motor dealer's licence; 14
(f) commercial agent's licence. 15
executive of department is eligible to obtain particular licences 16
Chief
47. The chief executive of a department is taken to be eligible to obtain 17
the following licences-- 18
(a) restricted letting agent's licence; 19
(b) real estate agent's licence; 20
(c) auctioneer's licence; 21
(d) property developer's licence; 22
(e) motor dealer's licence; 23
(f) commercial agent's licence. 24
s 48 59 s 49
Property Agents and Motor Dealers
Housing Commission is eligible to obtain particular 1
Queensland
licences 2
48. The Queensland Housing Commission as a corporation sole is taken 3
to be eligible to obtain the following licences-- 4
(a) restricted letting agent's licence; 5
(b) real estate agent's licence; 6
(c) auctioneer's licence; 7
(d) property developer's licence. 8
PART 6--ISSUE OF LICENCES 9
executive may issue or refuse to issue licence 10
Chief
49.(1) The chief executive may issue or refuse to issue a licence to an 11
applicant. 12
(2) The chief executive may issue a licence to an applicant only if the 13
chief executive is satisfied that-- 14
(a) the applicant is a suitable person and-- 15
(i) if the applicant intends carrying on business in partnership or 16
in conjunction with others--each member of the partnership 17
or each person with whom the applicant intends carrying on 18
business in conjunction is a suitable person; and 19
(ii) if the applicant is a corporation--each executive officer of the 20
corporation is a suitable person; and 21
(b) the applicant is eligible to obtain a licence of the category of 22
licence being applied for; and 23
(c) the application is properly made. 24
(3) For subsection (2)(c), an application is properly made only if it 25
complies with section 2217 and is accompanied by the things mentioned in 26
17 Section 22 (Application for licence)
s 50 60 s 53
Property Agents and Motor Dealers
that section. 1
(4) If the chief executive decides to refuse to issue the licence, the chief 2
executive must give the applicant an information notice about the decision 3
within 14 days after the decision is made. 4
(5) If the applicant's application for a licence is refused, the applicant may 5
not file another application for a licence-- 6
(a) for 3 months after the day the chief executive gives the applicant 7
the information notice under subsection (4); or 8
(b) if the applicant applies to the tribunal to review the chief 9
executive's decision and the decision is confirmed, for 3 months 10
after the day the decision is confirmed. 11
trustee 12
Licence--public
50. The chief executive may issue a licence to the public trustee in the 13
public trustee's capacity as a corporation sole in the name `The Public 14
Trustee of Queensland'. 15
executive of department 16
Licence--chief
51.(1) The chief executive may issue a licence to the chief executive of a 17
department in the name `The Chief Executive of the (name of department)'. 18
(2) The licence is taken to be issued to the chief executive for the time 19
being of the department. 20
(3) The chief executive of a department, as licensee, is taken to represent 21
the State. 22
Housing Commission 23
Licence--Queensland
52. The chief executive may issue a licence to the Queensland Housing 24
Commission in the name `The Queensland Housing Commission'. 25
26
Licence--conditions
53.(1) The chief executive may issue a licence on the conditions the chief 27
executive considers necessary or desirable for the proper performance of the 28
s 54 61 s 54
Property Agents and Motor Dealers
activities authorised by the licence. 1
(2) Without limiting subsection (1), a condition may-- 2
(a) limit or prohibit the performance of an activity authorised under 3
this Act; or 4
(b) require a licensee to hold insurance of a kind and in an amount 5
prescribed under a regulation. 6
(3) If the chief executive decides to issue a licence on condition, the chief 7
executive must give the applicant an information notice within 14 days after 8
the decision is made. 9
PART 7--RESTRICTIONS ON PERFORMING 10
ACTIVITIES UNDER LICENCES 11
12
Restriction--corporations
54.(1) A corporation that holds a licence may perform an activity under 13
its licence only if the activity may be performed by a licensed director of the 14
corporation under the director's licence. 15
16
Example--
17
D is the only licensed director of Company Pty Ltd, a licensed motor dealer. D
18
holds a motor dealer's licence that is subject to a condition that D deal only in
19
motorcycles. Because of the condition, Company Pty Ltd is only authorised to deal
20
in motorcycles under its licence.
21
However, if L becomes another licensed director of Company Pty Ltd and L is
22
authorised under L's licence to deal in caravans, Company Pty Ltd may also deal in
23
caravans.
(2) However, subsection (1) does not prevent a corporation that holds a 24
real estate agent's, pastoral house, or motor dealer's licence selling or 25
attempting to sell or offering for sale or resale any property by way of 26
auction if the auction is conducted by an auctioneer who is an employed 27
licensee of the corporation. 28
s 55 62 s 56
Property Agents and Motor Dealers
(3) If the corporation performs an activity it is not authorised to perform, 1
it is taken to be a person who acts as a licensee without a licence for the 2
performance of the activity. 3
4
Restriction--individuals
55.(1) An individual who is an employed licensee may perform an 5
activity authorised under the individual's licence only if the activity may also 6
be performed by the individual's employer under the employer's licence. 7
8
Example--
9
E is a licensed employee of P, a licensed motor dealer. E's licence is not subject
10
to condition. However, P's licence is subject to a condition that P deal only in
11
motorcycles. Because of the condition, E is only authorised to deal in motorcycles
12
under E's licence during E's employment with P and while P is subject to the
13
condition.
(2) However, subsection (1) does not prevent an individual who holds an 14
auctioneer's licence selling or attempting to sell or offering for sale or resale 15
any property by way of auction for the individual's licensed employer. 16
(3) If the employed licensee performs an activity the employed licensee is 17
not authorised to perform because of subsection (1), the employed licensee 18
is taken to be a person who acts as a licensee without a licence for the 19
performance of the activity. 20
21
Restriction--conditions
56.(1) This section applies to a licensee who performs an activity under 22
the licensee's licence that the licensee is not authorised to perform because 23
of a condition on the licensee's licence. 24
(2) The licensee is taken to be a person who acts as a licensee without a 25
licence for the performance of the activity. 26
s 57 63 s 57
Property Agents and Motor Dealers
PART 8--RENEWAL AND RESTORATION OF 1
LICENCES 2
Division 1--Renewal 3
for renewal 4
Application
57.(1) A licensee must apply for renewal of the licensee's licence before 5
the licence expires. 6
(2) The application must-- 7
(a) be made to the chief executive in the approved form; and 8
(b) state the term of the licence being applied for; and 9
(c) state the names and addresses of the licensee's business 10
associates; and 11
(d) be accompanied by-- 12
(i) an application fee; and 13
(ii) a licence renewal fee; and 14
(iii) if the licensee is required as a condition of the licensee's 15
licence to hold insurance, proof of the currency of the 16
insurance; and 17
(iv) for an licensee who is a individual, 2 recent colour 18
photographs of the licensee of a size prescribed under a 19
regulation and certified as photographs of the licensee in the 20
way prescribed under a regulation. 21
(3) The application must also be accompanied by-- 22
(a) an audit report for all trust accounts kept by the licensee during the 23
relevant audit period; or 24
(b) a statutory declaration that the licensee did not operate a trust 25
account during the relevant audit period. 26
(4) Subsection (3) does not apply to a property developer. 27
s 58 64 s 58
Property Agents and Motor Dealers
(5) The licensee must also satisfy the chief executive that the licensee has 1
actively carried out the activities authorised under the licence for a period, 2
and within the period, prescribed under a regulation. 3
(6) In this section-- 4
"audit period" has the meaning given by section 400.18 5
"audit report" has the meaning given by section 400. 6
"relevant audit period", for a licensee's licence, means the audit period 7
ending immediately before the licence's expiry date. 8
executive may renew or refuse to renew licence 9
Chief
58.(1) The chief executive must consider the renewal application and may 10
renew or refuse to renew the licence. 11
(2) The chief executive may renew the licence only if the chief executive 12
is satisfied-- 13
(a) the licensee is a suitable person and-- 14
(i) if the licensee carries on business in partnership or in 15
conjunction with others--each member of the partnership or 16
each person with whom the licensee carries on business in 17
conjunction is a suitable person; and 18
(ii) if the licensee is a corporation--each executive officer of the 19
corporation is a suitable person; and 20
(b) the application is properly made; and 21
(c) the licensee has, as a principal licensee, licensed director or 22
employed licensee, actively carried out the activities authorised 23
under the licence for a period, and within the period, prescribed 24
under a regulation; and 25
(d) the licensee meets the eligibility requirements, other than 26
eligibility requirements of an educational nature, for the licence. 27
18 Section 400 (Definitions for div 3)
s 59 65 s 60
Property Agents and Motor Dealers
(3) For subsection (2)(b), an application is properly made only if it 1
complies with section 5719 and is accompanied by the things mentioned in 2
that section. 3
(4) If the chief executive decides to refuse the application, the chief 4
executive must give the applicant an information notice within 14 days after 5
the decision is made. 6
taken to be in force while application for renewal is considered 7
Licence
59. If an application is made under section 57,20 the licensee's licence is 8
taken to continue in force from the day that it would, apart from this section, 9
have expired until the licensee's application for renewal is-- 10
(a) decided under section 58; or 11
(b) withdrawn by the licensee; or 12
(c) taken to have been withdrawn under section 34(3).21 13
2--Restoration 14
Division
for restoration 15
Application
60.(1) If a licensee's licence expires, the licensee may apply for 16
restoration of the licence. 17
(2) The application must-- 18
(a) be made within 3 months after the expiry; and 19
(b) be made to the chief executive in the approved form; and 20
(c) state the term of the licence being applied for; and 21
(d) state the names and addresses of the licensee's business 22
associates; and 23
19 Section 57 (Application for renewal)
20 Section 57 (Application for renewal)
21 Section 34 (Requirement to give chief executive information or material about
suitability)
s 61 66 s 61
Property Agents and Motor Dealers
(e) be accompanied by-- 1
(i) an application fee; and 2
(ii) a licence renewal fee; and 3
(iii) a licence restoration fee; and 4
(iv) if the licensee is required as a condition of the licensee's 5
licence to hold insurance, proof of the currency of the 6
insurance; and 7
(v) for an individual licensee, 2 recent colour photographs of the 8
licensee of a size prescribed under a regulation and certified 9
as photographs of the licensee in the way prescribed under a 10
regulation. 11
(3) The application must also be accompanied by-- 12
(a) an audit report about all trust accounts maintained by the licensee 13
during the relevant audit period; or 14
(b) a statutory declaration that the licensee did not operate a trust 15
account during the relevant audit period. 16
(4) Subsection (3) does not apply to a property developer. 17
(5) The licensee must also satisfy the chief executive that the licensee has, 18
as a licensee or salesperson, actively carried out the activities authorised 19
under the licence for a period, and within the period, prescribed under a 20
regulation. 21
(6) In this section-- 22
"audit period" has the meaning given by section 400.22 23
"audit report" has the meaning given by section 400. 24
"relevant audit period", for a licensee's licence, means the audit period 25
ending immediately before the licence's expiry date. 26
executive may restore or refuse to restore licence 27
Chief
61.(1) The chief executive must consider the restoration application and 28
22 Section 400 (Definitions for div 3)
s 61 67 s 61
Property Agents and Motor Dealers
may restore or refuse to restore the licence. 1
(2) The chief executive may restore the licence only if the chief executive 2
is satisfied-- 3
(a) the licensee is a suitable person and-- 4
(i) if the licensee carries on, or intends to carry on, business in 5
partnership or in conjunction with others--each member of 6
the partnership or each person with whom the licensee 7
carries on business in conjunction is a suitable person; and 8
(ii) if the licensee is a corporation--each executive officer of the 9
corporation is a suitable person; and 10
(b) the application is properly made; and 11
(c) the licensee has, as a principal licensee or employed licensee, 12
actively carried out the activities authorised under the licence for a 13
period, and within the period, prescribed under a regulation; and 14
(d) the licensee meets the eligibility requirements, other than 15
eligibility requirements of an educational nature, for the licence. 16
(3) For subsection (2)(b), an application is properly made only if it 17
complies with section 60 and is accompanied by the things mentioned in 18
that section. 19
(4) If the chief executive decides to refuse the application, the chief 20
executive must give the licensee an information notice within 14 days after 21
the decision is made. 22
(5) If the chief executive restores the licence-- 23
(a) the licence is taken to have been renewed on the day it would, 24
apart from section 62, have expired (the "initial expiry date"); 25
and 26
(b) to remove any doubt, a thing done during the period starting on 27
the initial expiry date and ending on the day the licence is restored 28
under this section is taken to have been as validly done as it would 29
have been if the licence had been renewed immediately before the 30
initial expiry date. 31
s 62 68 s 64
Property Agents and Motor Dealers
taken to be in force while application for restoration is 1
Licence
considered 2
62. If an application is made under section 60,23 the licensee's licence is 3
taken to continue in force from the day that it would, apart from this section, 4
have expired until the licensee's application for restoration is-- 5
(a) decided under section 61; or 6
(b) withdrawn by the licensee; or 7
(c) taken to have been withdrawn under section 34(3).24 8
PART 9--DEALINGS WITH LICENCES 9
Division 1--Transfer of licence 10
of licence prohibited 11
Transfer
63. A licence may not be transferred. 12
Division 2--Substitute licences 13
of substitute licensee--principal licensee--individual 14
Appointment
64.(1) A principal licensee may appoint an adult as the licensee's 15
substitute licensee for a period of not more than 30 days only if-- 16
(a) the licensee will be absent from the licensee's registered office for 17
the period; and 18
(b) the adult consents to the appointment; and 19
23 Section 60 (Application for restoration)
24 Section 34 (Requirement to give chief executive information or material about
suitability)
s 64 69 s 64
Property Agents and Motor Dealers
(c) if the licensee is required as a condition of the licensee's licence to 1
hold insurance, the adult is covered by the insurance or holds 2
insurance that complies with the requirements of the condition. 3
(2) The principal licensee must ensure-- 4
(a) an appointment under subsection (1) and the substitute licensee's 5
consent to the appointment are in writing and state the period of 6
appointment; and 7
(b) the appointment, consent and evidence of any insurance the 8
substitute licensee is required to have are-- 9
(i) kept at the licensee's registered office; and 10
(ii) made available for immediate inspection by an inspector 11
who asks to see them. 12
Maximum penalty--100 penalty units. 13
(3) A principal licensee who will be absent from the licensee's registered 14
office for a period of more than 30 days must apply to the chief executive in 15
the approved form for the appointment or the extension of the appointment 16
of an adult ("nominated person") as the licensee's substitute licensee. 17
Maximum penalty--200 penalty units. 18
(4) If the principal licensee is a person for whom an administrator has 19
been appointed under the Guardianship and Administration Act 2000 or is 20
deceased, the licensee's representative may make the application under 21
subsection (3). 22
(5) The application must be accompanied by-- 23
(a) the nominated person's signed consent to the appointment; and 24
(b) enough information about the nominated person to enable the 25
chief executive to decide whether the person-- 26
(i) is a suitable person to hold a licence; and 27
(ii) is sufficiently qualified to perform the licensee's activities 28
during the period; and 29
(iii) if the licensee is required as a condition of the licensee's 30
licence to hold insurance, is covered by the insurance or 31
s 65 70 s 65
Property Agents and Motor Dealers
holds insurance that complies with the requirements of the 1
condition; and 2
(c) the fee prescribed under a regulation. 3
(6) In this section-- 4
"principal licensee" means a principal licensee who is an individual. 5
"representative", of a principal licensee, means-- 6
(a) for a licensee for whom an administrator has been appointed 7
under the Guardianship and Administration Act 2000--the 8
licensee's administrator; 9
(b) for a deceased licensee--the licensee's personal representative. 10
of substitute licensee--employed licensee in charge of a 11
Appointment
licensee's business at a place 12
65.(1) This section applies if an employed licensee who is in charge of a 13
licensee's business at a place will be absent from the place for any reason, 14
other than the employed licensee's resignation or termination of 15
employment. 16
(2) If the employed licensee will be absent from the place for a period of 17
not more than 30 days, the principal licensee who employs the employed 18
licensee may appoint an adult as the employed licensee's substitute licensee 19
for the period if the adult consents to the appointment. 20
(3) The principal licensee must ensure an appointment under 21
subsection (2) and the person's consent to the appointment are-- 22
(a) in writing and state the period of appointment; and 23
(b) kept at the licensee's registered office; and 24
(c) made available for immediate inspection by an inspector who 25
asks to see them. 26
Maximum penalty--100 penalty units. 27
(4) If the employed licensee will be absent from the place for a period of 28
more than 30 days, the principal licensee who employs the employed 29
licensee must apply to the chief executive in the approved form for the 30
s 66 71 s 66
Property Agents and Motor Dealers
appointment or the extension of the appointment of a person ("nominated 1
person") as the licensee's substitute licensee. 2
Maximum penalty--200 penalty units. 3
(5) The application must be accompanied by-- 4
(a) the nominated person's signed consent to the appointment; and 5
(b) enough information about the nominated person to enable the 6
chief executive to decide whether the person is-- 7
(i) a suitable person to hold a licence; and 8
(ii) sufficiently qualified to perform the employed licensee's 9
activities during the period; and 10
(c) the fee prescribed under a regulation. 11
(6) In this section-- 12
"principal licensee" includes-- 13
(a) for a licensee for whom an administrator has been appointed 14
under the Guardianship and Administration Act 2000--the 15
licensee's administrator; and 16
(b) for a deceased licensee--the licensee's personal representative. 17
of substitute licensee--pastoral house manager in 18
Appointment
charge of a licensee's business at a place 19
66.(1) This section applies if a pastoral house manager who is in charge 20
of a pastoral house's business at a place will be absent from the place for 21
any reason, other than the manager's resignation or termination of 22
employment. 23
(2) If the pastoral house manager is absent from the place for a period of 24
not more than 30 days, the pastoral house that employs the manager may 25
appoint an adult as the manager's substitute licensee for the period if the 26
adult consents to the appointment. 27
(3) The pastoral house must ensure an appointment under subsection (2) 28
and the person's consent to the appointment are-- 29
(a) in writing and state the period of appointment; and 30
s 67 72 s 67
Property Agents and Motor Dealers
(b) kept at the pastoral house's registered office; and 1
(c) made available for immediate inspection by an inspector who 2
asks to see them. 3
Maximum penalty-- 4
(a) for an individual guilty under chapter 2 of the Criminal Code of 5
an offence or for section 59125--100 penalty units; or 6
(b) for a pastoral house--500 penalty units. 7
(4) If the pastoral house manager will be absent from the place for a 8
period of more than 30 days, the pastoral house that employs the manager 9
must apply to the chief executive in the approved form for the appointment 10
or the extension of the appointment of a person ("nominated person") as 11
the manager's substitute licensee. 12
Maximum penalty-- 13
(a) for an individual guilty under chapter 2 of the Criminal Code of 14
an offence or for section 591--100 penalty units; or 15
(b) for a pastoral house--500 penalty units. 16
(5) The application must be accompanied by-- 17
(a) the nominated person's signed consent to the appointment; and 18
(b) enough information about the nominated person to enable the 19
chief executive to decide whether the person is-- 20
(i) a suitable person to hold a licence; and 21
(ii) sufficiently qualified to perform the manager's activities 22
during the period; and 23
(c) the fee prescribed under a regulation. 24
executive may appoint or refuse to appoint substitute licensee 25
Chief
67.(1) The chief executive may appoint or refuse to appoint a nominated 26
person mentioned in section 64(3), 65(4) or 66(4) as a licensee's substitute 27
licensee. 28
25 Section 591 (Executive officers must ensure corporation complies with Act)
s 68 73 s 68
Property Agents and Motor Dealers
(2) The chief executive may appoint the nominated person only if the 1
chief executive is satisfied that the person-- 2
(a) is a suitable person to hold a licence; and 3
(b) is sufficiently qualified to perform the licensee's activities during 4
the period of the licensee's absence; and 5
(c) if the licensee is required as a condition of the licensee's licence to 6
hold insurance, is covered by the insurance or holds insurance that 7
complies with the requirements of the condition. 8
(3) An appointment under this section may be made subject to the 9
conditions the chief executive considers appropriate. 10
(4) The chief executive must give written notice of the appointment to the 11
licensee and the substitute licensee. 12
(5) If the chief executive decides to refuse the application or to impose 13
conditions on the appointment, the chief executive must give the licensee an 14
information notice within 14 days after the decision is made. 15
licensee 16
Substitute
68.(1) On appointment, a substitute licensee-- 17
(a) must act as substitute for the licensee for whom the substitute is 18
appointed; and 19
(b) is taken to be the licensee during the period of appointment. 20
(2) A licensee for whom a substitute has been appointed must not act 21
under the authority of the licensee's licence while the appointment of the 22
substitute licensee continues. 23
Maximum penalty--200 penalty units. 24
(3) The appointment of the substitute licensee ends if-- 25
(a) the period of appointment ends; or 26
(b) the principal licensee gives written notice to end the appointment 27
from a date stated in the notice-- 28
(i) for a substitute licensee appointed under section 64(1), 65(2) 29
or 66(2)--to the substitute licensee; or 30
s 69 74 s 70
Property Agents and Motor Dealers
(ii) for a substitute licensee appointed under section 67--to the 1
chief executive and the substitute licensee; or 2
(c) the substitute licensee gives written notice to end the appointment 3
from a date stated in the notice-- 4
(i) for a substitute licensee appointed under section 64(1), 65(2) 5
or 66(2)--to the principal licensee making the appointment; 6
or 7
(ii) for a substitute licensee appointed under section 67--to the 8
chief executive and the principal licensee who applied for the 9
appointment; or 10
(d) the chief executive revokes the substitute licensee's appointment; 11
or 12
(e) the licensee's licence is suspended or cancelled; or 13
(f) if the licensee is a principal licensee, the licensee stops carrying on 14
business as a licensee. 15
on period of substitution 16
Limitation
69.(1) A principal licensee may not appoint a substitute licensee for 17
himself or herself for more than 12 weeks in any period of 12 months. 18
(2) A principal licensee may not appoint a substitute licensee for an 19
employed licensee for more than 12 weeks in any period of 12 months. 20
(3) A pastoral house may not appoint a substitute licensee for a pastoral 21
house manager for more than 12 weeks in any period of 12 months. 22
(4) The chief executive may not appoint a substitute licensee for any 23
licensee for more than 26 weeks in any period of 12 months. 24
Division 3--General 25
of licence conditions 26
Amendment
70.(1) The chief executive may amend the conditions of a licence-- 27
(a) on the licensee's application; or 28
s 70 75 s 70
Property Agents and Motor Dealers
(b) on the order of the tribunal after a disciplinary hearing; or 1
(c) on the chief executive's own initiative. 2
3
Note--
4
The tribunal may deal with the conditions of a person's licence under
5
section 529 (Orders tribunal may make on disciplinary charge hearing).
(2) An application under subsection (1)(a) must be made in the approved 6
form and be accompanied by the application fee prescribed under a 7
regulation. 8
(3) Before making an amendment under subsection (1)(a), the chief 9
executive must be satisfied the licensee meets the eligibility requirements the 10
chief executive specifies as relevant to the amendment of the condition. 11
(4) Before making an amendment under subsection (1)(c), the chief 12
executive must-- 13
(a) give written notice to the licensee-- 14
(i) of the particulars of the proposed amendment; and 15
(ii) that the licensee may make written submissions to the chief 16
executive about the proposed amendment before a stated 17
day, not later than 14 days after the notice is given to the 18
licensee; and 19
(b) have regard to submissions made to the chief executive by the 20
licensee before the stated day. 21
(5) Subsection (4) does not apply if the chief executive decides that the 22
amendment must be made urgently-- 23
(a) to avoid potential claims against the fund; or 24
(b) to ensure compliance with this Act. 25
(6) If the chief executive decides to amend the conditions of a licence 26
under subsection (1)(c), the chief executive must give written notice of the 27
amendment to the licensee and an information notice within 14 days after 28
the decision is made. 29
(7) The amendment takes effect-- 30
(a) on the day the written notice of the amendment is given to the 31
licensee; or 32
s 71 76 s 73
Property Agents and Motor Dealers
(b) if a later day is stated in the notice, the stated day. 1
(8) If the chief executive decides to refuse to make an amendment 2
requested under subsection (1)(a), the chief executive must give the 3
applicant an information notice within 14 days after the decision is made. 4
of licence for amendment of conditions or when suspended or 5
Return
cancelled 6
71.(1) If the chief executive amends the conditions of a licence under 7
section 70, the chief executive may ask the licensee to produce the licence 8
for amendment within a stated period of not less than 14 days. 9
(2) The licensee must comply with a request under subsection (1), unless 10
the person has a reasonable excuse. 11
Maximum penalty--100 penalty units. 12
(3) A person whose licence has been suspended or cancelled must return 13
the licence to the chief executive within 14 days after the suspension or 14
cancellation, unless the person has a reasonable excuse. 15
Maximum penalty--100 penalty units. 16
of licence 17
Surrender
72.(1) A licensee may surrender the licensee's licence by giving written 18
notice to the chief executive and returning the licence. 19
(2) A licence surrendered under this section stops having effect on the 20
day it is surrendered. 21
may be deactivated 22
Licence
73.(1) A licensee may ask the chief executive to deactivate the licensee's 23
licence. 24
(2) A request under subsection (1) must be made in the approved form 25
and be accompanied by the licensee's licence and the fee prescribed under a 26
regulation. 27
(3) The licence is taken to be deactivated when the request, the licence and 28
the prescribed fee are received by the chief executive under subsection (2). 29
s 74 77 s 74
Property Agents and Motor Dealers
(4) A licence that is deactivated does not authorise the licensee to perform 1
an activity under the authority of the licence. 2
(5) The deactivation of a licence under this section does not-- 3
(a) affect the term of the licence; or 4
(b) entitle the licensee to a refund of fees in relation to the licence for 5
the balance of the licence's term. 6
(6) The holder of a deactivated licence may apply to have the licence 7
renewed under section 5726 or restored under section 6027 as a deactivated 8
licence at a reduced fee prescribed under a regulation. 9
(7) A licensee may ask the chief executive to reactivate the licence. 10
(8) However, if the licence has been deactivated for 5 years or more, the 11
licence may be reactivated only if the licensee satisfies any educational or 12
other requirements prescribed under a regulation for the issue of the licence. 13
(9) A request under subsection (7) must be made in the approved form 14
and be accompanied by the fee prescribed under a regulation. 15
ART 10--IMMEDIATE SUSPENSION AND 16
P
CANCELLATION OF LICENCES 17
suspension 18
Immediate
74.(1) This section applies if-- 19
(a) the chief executive considers, on reasonable grounds, that an 20
irregularity or deficiency exists in a licensee's trust account; or 21
(b) a receiver is appointed under section 41728 over property-- 22
(i) held by a licensee; or 23
26 Section 57 (Application for renewal)
27 Section 60 (Application for restoration)
28 Section 417 (When receiver may be appointed)
s 75 78 s 75
Property Agents and Motor Dealers
(ii) held by another person for a licensee; or 1
(iii) recoverable by a licensee. 2
(2) The chief executive may, whether or not disciplinary proceedings 3
have been started under this Act-- 4
(a) suspend the licensee's licence; or 5
(b) suspend a licence held by an employee of the licensee if the chief 6
executive considers, on reasonable grounds, the employee is 7
responsible in any way for the irregularity or deficiency in the 8
licensee's trust account. 9
(3) The licence may be suspended for the period (not more than 28 days), 10
and on the conditions, the chief executive decides. 11
(4) The chief executive must give the licensee an information notice in 12
relation to the suspension within 14 days after suspending the licensee's 13
licence. 14
(5) The licensee must return the licence to the chief executive within 15
14 days after the licensee receives the notice, unless the person has a 16
reasonable excuse. 17
Maximum penalty for subsection (5)--100 penalty units. 18
cancellation 19
Immediate
75.(1) A licensee's licence is cancelled on the happening of any of the 20
following events-- 21
(a) the licensee is convicted of a serious offence; 22
(b) if the licensee is an individual, the licensee is affected by 23
bankruptcy action; 24
(c) if the licensee is a corporation, the licensee has gone into 25
liquidation. 26
(2) The licensee must return the licence to the chief executive within 27
14 days after the happening of an event mentioned in subsection (1), unless 28
the licensee has a reasonable excuse. 29
Maximum penalty for subsection (2)--100 penalty units. 30
s 76 79 s 77
Property Agents and Motor Dealers
ART 11--GENERAL PROVISIONS ABOUT 1
P
LICENCES 2
of licence 3
Form
76.(1) A licence must be issued in the approved form. 4
(2) However, the chief executive may approve-- 5
(a) a form of licence for office display purposes; and 6
(b) a form of licence for personal identification purposes. 7
8
Examples--
9
1. A form of licence for office display purposes may be in the form of a certificate
10
that may be framed and displayed in an office.
11
2. A form of licence for personal identification purposes may be in the form of a
12
small photo identification card suitable for carrying easily on one's person.
(3) The chief executive may also issue a form of licence for a corporation 13
endorsed with the categories of property agents and motor dealers licence 14
issued in the corporation's name. 15
(4) The licence must contain the following particulars-- 16
(a) the name of the licensee; 17
(b) the date of issue of the licence; 18
(c) the expiry date of the licence; 19
(d) for a personal identification licence, a recent photograph of the 20
licensee; 21
(e) other particulars that may be prescribed under a regulation. 22
of licence 23
Display
77. A principal licensee must display the licensee's licence at the 24
licensee's registered office in the way prescribed under a regulation. 25
Maximum penalty--100 penalty units. 26
s 78 80 s 80
Property Agents and Motor Dealers
of licence 1
Term
78. A licence may be issued for a 1 year or 3 year term. 2
licences 3
Replacement
79.(1) A licensee may apply to the chief executive for the replacement of 4
a lost, stolen, destroyed or damaged licence. 5
(2) The application must be made in the approved form and be 6
accompanied by the fee prescribed under a regulation. 7
(3) The chief executive must grant the application if the chief executive is 8
satisfied the licence has been lost, stolen or destroyed, or damaged in a way 9
to require its replacement. 10
(4) If the chief executive grants the application, the chief executive must 11
issue another licence to the applicant to replace the lost, stolen, destroyed or 12
damaged licence. 13
of licences 14
Register
80.(1) The chief executive must keep a register of licences and 15
applications for licences ("licence register"). 16
(2) The licence register must contain the following particulars-- 17
(a) for each applicant for a licence-- 18
(i) the applicant's name; and 19
(ii) if the applicant intends to carry on business under the licence, 20
the place where the applicant intends to carry on business; 21
and 22
(iii) the category of licence applied for; and 23
(iv) the date of the application; and 24
(v) the application number; 25
(b) for each licensee-- 26
(i) the licensee's name; and 27
(ii) the licensee's registered office; and 28
s 81 81 s 81
Property Agents and Motor Dealers
(iii) the category of the licensee's licence; and 1
(iv) the dates of issue and expiry of the licensee's current licence; 2
and 3
(v) any conditions imposed on the licence; and 4
(vi) if the licensee is a corporation, the name of the individual in 5
charge of the licensee's business at the licensee's registered 6
office; and 7
(vii) if the licensee is a director of a licensed corporation, the 8
name of the licensed corporation; and 9
(viii)if the licensee is an employee of another licensee, the name 10
of the licensee's employer; and 11
(ix) the licensee's licence number; and 12
(x) particulars of any surrender, suspension, cancellation or 13
revocation of the licensee's licence. 14
(3) A person may, on payment of any fee that may be prescribed under a 15
regulation, inspect, or get a copy of details in, the part of the register 16
containing the particulars mentioned in subsection (2)-- 17
(a) at the department's head office when it is open to the public; or 18
(b) by using a computer. 19
(4) A person may pay the fee, in advance or in arrears, under an 20
arrangement approved by the chief executive. 21
(5) The register may be kept in any way the chief executive considers 22
appropriate. 23
(6) In this section-- 24
"contain" includes record and store. 25
to notify chief executive of changes in circumstances 26
Licensees
81.(1) A licensee must give written notice to the chief executive of a 27
prescribed change in the licensee's circumstances within 14 days after the 28
change. 29
Maximum penalty--100 penalty units. 30
s 82 82 s 83
Property Agents and Motor Dealers
(2) In this section-- 1
"prescribed change" means a change prescribed under a regulation. 2
CHAPTER 3--EMPLOYEE REGISTRATION 3
PART 1--CATEGORIES OF REGISTERED 4
EMPLOYEES 5
of registered employees 6
Categories
82. The following categories of registered employees are prescribed for 7
this Act-- 8
(a) real estate salesperson; 9
(b) pastoral house salesperson; 10
(c) trainee auctioneer; 11
(d) property developer salesperson; 12
(e) motor salesperson; 13
(f) commercial subagent. 14
PART 2--HOW TO OBTAIN REGISTRATION 15
involved in obtaining registration 16
Steps
83.(1) A person who wishes to obtain registration as a registered 17
employee must be a suitable person to hold registration under part 4.29 18
(2) The person must apply for registration by-- 19
29 Part 4 (Suitability of applicants)
s 84 83 s 84
Property Agents and Motor Dealers
(a) submitting an application showing, among other things, the 1
person is eligible to obtain registration; and 2
(b) paying the prescribed fees. 3
(3) The chief executive decides the person's application after having 4
regard, among other things, to-- 5
(a) the person's suitability to hold a registration certificate under this 6
Act; and 7
(b) the person's eligibility to hold the registration certificate. 8
ART 3--APPLICATIONS FOR REGISTRATION 9
P
for registration 10
Application
84.(1) An applicant for registration must-- 11
(a) be an individual; and 12
(b) apply to the chief executive in the approved form; and 13
(c) state the category of employee registration being applied for; and 14
(d) state the term of the registration being applied for; and 15
(e) state the name and business address of the licensee by whom the 16
applicant is to be employed; and 17
(f) establish the applicant's suitability and eligibility for the category 18
of employee registration being applied for; and 19
(g) provide any information the chief executive reasonably requires to 20
decide whether the applicant is suitable and eligible to be a 21
registered employee. 22
(2) The application must be accompanied by-- 23
(a) an application fee; and 24
(b) a registration issue fee; and 25
s 85 84 s 86
Property Agents and Motor Dealers
(c) 2 recent colour photographs of the applicant of a size prescribed 1
under a regulation and certified as photographs of the applicant in 2
the way prescribed under a regulation. 3
PART 4--SUITABILITY OF APPLICANTS 4
of applicants 5
Suitability
85.(1) A person is not a suitable person to obtain registration as a 6
registered employee if the person is-- 7
(a) affected by bankruptcy action; or 8
(b) a person who has been convicted, in Queensland or elsewhere, 9
within the preceding 5 years of a serious offence; or 10
(c) currently disqualified from holding a licence or registration 11
certificate; or 12
(d) a person the chief executive decides under section 86 is not a 13
suitable person to obtain registration as a registered employee. 14
(2) An individual who is not a suitable person can not obtain registration 15
as a registered employee. 16
executive must consider suitability of applicants 17
Chief
86.(1) The chief executive must, when deciding whether a person is a 18
suitable person to obtain registration as a registered employee, consider the 19
following things-- 20
(a) the person's character; 21
(b) whether the person held a licence or registration under this Act, 22
the repealed Act or a corresponding law that was suspended or 23
cancelled; 24
s 87 85 s 87
Property Agents and Motor Dealers
(c) whether an amount has been paid from the fund because the 1
person did, or omitted to do, something that gave rise to the claim 2
against the fund; 3
(d) whether the person has been disqualified under this Act, the 4
repealed Act or a corresponding law from being a licensee, an 5
executive officer of a corporation or the holder of a certificate of 6
registration; 7
(e) the person's criminal history; 8
(f) whether the person has been affected by bankruptcy action; 9
(g) whether the person has been convicted of an offence against this 10
Act, the repealed Act or a corresponding law; 11
(h) whether the person is capable of satisfactorily performing the 12
activities of a registered employee in the category applied for; 13
(i) whether the person's name appears in the register of disqualified 14
company directors and other officers under the Corporations 15
Law;30 16
(j) another thing the chief executive may consider under this Act. 17
(2) If the chief executive decides a person is not a suitable person to 18
obtain registration as a registered employee, the chief executive must give 19
the person an information notice within 14 days after the decision is made. 20
(3) In this section-- 21
"fund" includes the auctioneers and agents fidelity guarantee fund under the 22
repealed Act. 23
about suitability of applicants 24
Investigations
87.(1) The chief executive may make investigations about the applicant to 25
help the chief executive decide whether the applicant is a suitable person to 26
obtain registration as a registered employee. 27
30 See the Corporations Law, section 1274AA (Register of disqualified company
directors and other officers).
s 88 86 s 89
Property Agents and Motor Dealers
(2) Without limiting subsection (1), the chief executive may ask the 1
commissioner of the police service for a written report about the applicant's 2
criminal history. 3
(3) The commissioner must give the report to the chief executive. 4
(4) However, the report is required to contain only criminal history in the 5
commissioner's possession or to which the commissioner has access. 6
history is confidential document 7
Criminal
88.(1) An officer, employee or agent of the department must not, directly 8
or indirectly, disclose to anyone else a report about a person's criminal 9
history, or information contained in the report, given under section 87. 10
Maximum penalty--100 penalty units. 11
(2) However, the person does not contravene subsection (1) if-- 12
(a) disclosure of the report or information to someone else is 13
authorised by the chief executive to the extent necessary to 14
perform a function under or in relation to this Act; or 15
(b) the disclosure is otherwise required or permitted by law. 16
(3) The chief executive must destroy the report as soon as practicable 17
after considering the person's suitability to obtain registration as a registered 18
employee. 19
to give chief executive information or material about 20
Requirement
suitability 21
89.(1) This section applies to an applicant for registration as a registered 22
employee or the renewal or restoration of the registration. 23
(2) The chief executive may, by written notice given to the applicant, 24
require the applicant to give the chief executive information or material the 25
chief executive reasonably considers is needed to establish the applicant's 26
suitability for the registration within a stated reasonable time. 27
(3) The applicant is taken to have withdrawn the application if, within the 28
stated reasonable time, the applicant fails to comply with the chief 29
executive's requirement. 30
s 90 87 s 91
Property Agents and Motor Dealers
PART 5--ELIGIBILITY FOR REGISTRATION 1
for registration as registered employee 2
Eligibility
90.(1) An individual is eligible to obtain registration as a registered 3
employee in a category mentioned in section 8231 only if the individual-- 4
(a) is at least 18 years; and 5
(b) has the educational or other qualifications that may be prescribed 6
under a regulation for the category of registered employees being 7
applied for. 8
(2) An individual is to be taken to satisfy the requirement mentioned in 9
subsection (1)(b) if the chief executive is satisfied the individual-- 10
(a) has a comparable qualification; or 11
(b) within 2 years before the day the individual's application for 12
employee registration is received by the chief executive-- 13
(i) has been the holder of a registration certificate under this Act 14
for the category of registered employees being applied for; or 15
(ii) has been the holder of a comparable certificate under the 16
repealed Act. 17
PART 6--ISSUE OF REGISTRATION CERTIFICATE 18
executive may issue or refuse to issue registration certificate 19
Chief
91.(1) The chief executive may issue or refuse to issue a registration 20
certificate to an applicant. 21
(2) The chief executive may issue a registration certificate to an applicant 22
only if the chief executive is satisfied-- 23
(a) the applicant is a suitable person; and 24
31 Section 82 (Categories of registered employees)
s 92 88 s 92
Property Agents and Motor Dealers
(b) the applicant is eligible to obtain the registration; and 1
(c) the application is properly made. 2
(3) For subsection (2)(c), the application is properly made only if it 3
complies with section 8432 and is accompanied by the things mentioned in 4
that section. 5
(4) If the chief executive refuses to issue the registration certificate, the 6
chief executive must give the applicant an information notice about the 7
decision within 14 days after the decision is made. 8
(5) If the applicant's application for a registration certificate is refused, the 9
applicant may not file another application for a registration certificate-- 10
(a) for 3 months after the day the chief executive gives the applicant 11
the information notice under subsection (4); or 12
(b) if the applicant applies to the tribunal to review the chief 13
executive's decision and the decision is confirmed, for 3 months 14
after the day the decision is confirmed. 15
certificate--conditions 16
Registration
92.(1) The chief executive may issue a registration certificate on the 17
conditions the chief executive considers necessary or desirable for the 18
proper performance of the activities authorised by the certificate. 19
(2) A condition may limit or prohibit the performance of an activity 20
authorised under this Act. 21
(3) If the chief executive decides to issue the certificate on condition, the 22
chief executive must give the applicant an information notice within 14 days 23
after the decision is made. 24
32 Section 84 (Application for registration)
s 93 89 s 93
Property Agents and Motor Dealers
PART 7--ACTIVITIES AUTHORISED UNDER 1
REGISTRATION CERTIFICATE 2
a registration certificate authorises 3
What
93.(1) A registration certificate authorises the holder of the certificate to 4
perform-- 5
(a) if the holder is a real estate salesperson--any activity that may be 6
performed by the real estate agent who employs the holder; and 7
(b) if the holder is a pastoral house salesperson--any activity that 8
may be performed by the pastoral house who employs the holder; 9
and 10
(c) if the holder is a trainee auctioneer--any activity that may be 11
performed by the auctioneer who supervises the trainee; and 12
(d) if the holder is a property developer salesperson--any activity that 13
may be performed by the property developer who employs the 14
holder; and 15
(e) if the holder is a motor salesperson--any activity that may be 16
performed by the motor dealer who employs the holder; and 17
(f) if the holder is a commercial subagent--any activity that may be 18
performed by the commercial agent who employs the holder. 19
(2) However, the registration certificate does not authorise the holder to 20
perform an activity that the holder is not authorised to perform-- 21
(a) because of a condition to which the certificate is subject; or 22
(b) under the holder's employment authority. 23
s 94 90 s 95
Property Agents and Motor Dealers
PART 8--RENEWAL AND RESTORATION OF 1
REGISTRATION CERTIFICATES 2
Division 1--Renewal 3
for renewal 4
Application
94.(1) A registered employee must apply for renewal of the employee's 5
registration certificate before the certificate expires. 6
(2) The application must-- 7
(a) be made to the chief executive in the approved form; and 8
(b) state the term of the registration being applied for; and 9
(c) state the name and business address of the licensee who employs 10
the employee; and 11
(d) be accompanied by-- 12
(i) an application fee; and 13
(ii) a registration certificate renewal fee; and 14
(iii) 2 recent colour photographs of the applicant of a size 15
prescribed under a regulation and certified as photographs of 16
the applicant in the way prescribed under a regulation. 17
executive may renew or refuse to renew registration certificate 18
Chief
95.(1) The chief executive must consider the renewal application and may 19
renew or refuse to renew the registration certificate. 20
(2) The chief executive may renew the certificate only if the chief 21
executive is satisfied-- 22
(a) the registered employee is a suitable person; and 23
(b) the application is properly made; and 24
(c) the employee meets the eligibility requirements for the certificate. 25
s 96 91 s 97
Property Agents and Motor Dealers
(3) For subsection (2)(b), an application is properly made only if it 1
complies with section 94(2)33 and is accompanied by the things mentioned 2
in that subsection. 3
(4) If the chief executive decides to refuse the application, the chief 4
executive must give the employee an information notice within 14 days after 5
the decision is made. 6
certificate taken to be in force while application for 7
Registration
renewal is considered 8
96. If an application is made under section 94,34 the registered 9
employee's registration certificate is taken to continue in force from the day 10
that it would, apart from this section, have expired until the employee's 11
application for renewal is decided under section 95 or taken to have been 12
withdrawn under section 89(3).35 13
2--Restoration 14
Division
for restoration 15
Application
97.(1) If a registered employee's registration certificate expires, the 16
employee may apply for restoration of the certificate. 17
(2) The application must-- 18
(a) be made within 3 months after the expiry; and 19
(b) be made to the chief executive in the approved form; and 20
(c) state the term of the registration being applied for; and 21
(d) state the name and business address of the licensee who employs 22
the employee; and 23
(e) be accompanied by-- 24
33 Section 94 (Application for renewal)
34 Section 94 (Application for renewal)
35 Section 89 (Requirement to give chief executive information or material about
suitability)
s 98 92 s 98
Property Agents and Motor Dealers
(i) an application fee; and 1
(ii) a registration renewal fee; and 2
(iii) a registration restoration fee; and 3
(iv) 2 recent colour photographs of the applicant of a size 4
prescribed under a regulation and certified as photographs of 5
the applicant in the way prescribed under a regulation. 6
executive may restore or refuse to restore registration certificate 7
Chief
98.(1) The chief executive must consider the restoration application and 8
may restore or refuse to restore the registration certificate. 9
(2) The chief executive may restore the certificate only if the chief 10
executive is satisfied-- 11
(a) the registered employee is a suitable person; and 12
(b) the application is properly made; and 13
(c) the employee meets the eligibility requirements for the certificate. 14
(3) For subsection (2)(b), an application is properly made only if it 15
complies with section 97(2) and is accompanied by the things mentioned in 16
that subsection. 17
(4) If the chief executive decides to refuse the application, the chief 18
executive must give the employee an information notice within 14 days after 19
the decision is made. 20
(5) If the chief executive decides to restore the certificate-- 21
(a) the certificate is taken to have been renewed on the day it would, 22
apart from section 99, have expired (the "initial expiry date"); 23
and 24
(b) to remove any doubt, a thing done during the period starting on 25
the initial expiry date and ending on the day the certificate is 26
restored under this section is taken to have been as validly done as 27
it would have been if the certificate had been renewed 28
immediately before the initial expiry date. 29
s 99 93 s 101
Property Agents and Motor Dealers
certificate taken to be in force while application for 1
Registration
restoration is considered 2
99. If an application is made under section 97,36 the employee's 3
registration certificate is taken to continue in force from the day that it 4
would, apart from this section, have expired until the employee's application 5
for restoration is decided under section 98 or taken to have been withdrawn 6
under section 89(3).37 7
ART 9--DEALINGS WITH REGISTRATION 8
P
CERTIFICATES 9
Division 1--Transfer of registration certificate 10
of registration certificate prohibited 11
Transfer
100. A registration certificate may not be transferred. 12
Division 2--General 13
of registration certificate conditions 14
Amendment
101.(1) The chief executive may amend the conditions of a registration 15
certificate-- 16
(a) on the registered employee's application; or 17
(b) on the order of the tribunal after a disciplinary hearing; or 18
(c) on the chief executive's own initiative. 19
36 Section 97 (Application for restoration)
37 Section 89 (Requirement to give chief executive information or material about
suitability)
s 101 94 s 101
Property Agents and Motor Dealers
1
Note--
2
The tribunal may deal with the conditions of a person's registration
3
certificate under section 529 (Orders tribunal may make on disciplinary
4
charge hearing).
(2) An application under subsection (1)(a) must be made to the chief 5
executive in the approved form and be accompanied by the application fee 6
prescribed under a regulation. 7
(3) Before making an amendment under subsection (1)(a), the chief 8
executive must be satisfied the registered employee meets the eligibility 9
requirements the chief executive specifies as relevant to the amendment of 10
the condition. 11
(4) Before making an amendment under subsection (1)(c), the chief 12
executive must-- 13
(a) give written notice to the registered employee-- 14
(i) of the particulars of the proposed amendment; and 15
(ii) that the employee may make written submissions to the 16
chief executive about the proposed amendment before a 17
stated day, not later than 14 days after the notice is given to 18
the employee; and 19
(b) have regard to submissions made to the chief executive by the 20
registered employee before the stated day. 21
(5) Subsection (4) does not apply if the chief executive decides that the 22
amendment must be made urgently to ensure compliance with this Act. 23
(6) If the chief executive decides to amend the conditions of a registration 24
certificate under subsection (1)(c), the chief executive must give written 25
notice of the amendment to the registered employee and an information 26
notice within 14 days after the decision is made. 27
(7) The amendment takes effect-- 28
(a) on the day the written notice of the amendment is given to the 29
registered employee; or 30
(b) if a later day is stated in the notice, the stated day. 31
(8) If the chief executive decides to refuse to make an amendment 32
requested under subsection (1)(a), the chief executive must give the 33
s 102 95 s 104
Property Agents and Motor Dealers
registered employee an information notice within 14 days after the decision 1
is made. 2
of registration certificate for amendment of conditions 3
Return
102.(1) If the chief executive amends the conditions of a registration 4
certificate under section 101, the chief executive may ask the registered 5
employee to produce the certificate for amendment within a stated period of 6
not less than 14 days. 7
(2) The employee must comply with a request under subsection (1), 8
unless the person has a reasonable excuse. 9
Maximum penalty for subsection (2)--100 penalty units. 10
of registration certificate 11
Surrender
103.(1) A registered employee may surrender the employee's registration 12
certificate by giving written notice, and returning the certificate, to the chief 13
executive. 14
(2) A registration certificate surrendered under this section stops having 15
effect on the day it is surrendered. 16
ART 10--IMMEDIATE SUSPENSION AND 17
P
CANCELLATION OF REGISTRATION 18
CERTIFICATES 19
suspension 20
Immediate
104.(1) This section applies if the chief executive believes, on reasonable 21
grounds, that-- 22
(a) an irregularity or deficiency exists in a licensee's trust account; 23
and 24
(b) a registered employee of the licensee may be responsible for the 25
irregularity or deficiency. 26
s 105 96 s 106
Property Agents and Motor Dealers
(2) The chief executive may suspend the registered employee's 1
registration certificate, whether or not disciplinary proceedings have been 2
started under this Act. 3
(3) The certificate may be suspended for the period (not more than 4
28 days), and on the conditions, the chief executive decides. 5
(4) The chief executive must give the employee an information notice 6
within 14 days after suspending the employee's registration. 7
(5) The employee must return the certificate to the chief executive within 8
14 days after the employee receives the notice, unless the person has a 9
reasonable excuse. 10
Maximum penalty for subsection (5)--100 penalty units. 11
cancellation 12
Immediate
105.(1) The registration certificate of a registered employee is cancelled 13
on the happening of either of the following events-- 14
(a) the employee is convicted of a serious offence; or 15
(b) the employee is affected by bankruptcy action. 16
(2) The employee must return the certificate to the chief executive within 17
14 days after the happening of an event mentioned in subsection (1), unless 18
the employee has a reasonable excuse. 19
Maximum penalty for subsection (2)--100 penalty units. 20
ART 11--GENERAL PROVISIONS ABOUT 21
P
EMPLOYEE REGISTRATION 22
of registration certificate 23
Form
106.(1) A registration certificate must be issued in the approved form. 24
(2) However, the chief executive may approve-- 25
(a) a form of certificate for office display purposes; and 26
s 107 97 s 109
Property Agents and Motor Dealers
(b) a form of certificate for personal identification purposes. 1
2
Examples--
3
1. A form of certificate for office display purposes may be in the form suitable for
4
framing and display in an office.
5
2. A form of certificate for personal identification purposes may be in the form of a
6
small photo identification card suitable for carrying easily on one's person.
(3) The certificate must contain the following particulars-- 7
(a) the name of the registered employee; 8
(b) the date of issue of the certificate; 9
(c) the expiry date of the certificate; 10
(d) for a personal identification certificate, a recent photograph of the 11
employee; 12
(e) other particulars that may be prescribed under a regulation. 13
of registration certificate 14
Term
107. A registration certificate may be issued for a 1 year or 3 year term. 15
certificates 16
Replacement
108.(1) A registered employee may apply to the chief executive for the 17
replacement of a lost, stolen, destroyed or damaged registration certificate. 18
(2) The application must be made in the approved form and be 19
accompanied by the fee prescribed under a regulation. 20
(3) The chief executive must grant the application if the chief executive is 21
satisfied the certificate has been lost, stolen or destroyed, or damaged in a 22
way to require its replacement. 23
(4) If the chief executive grants the application, the chief executive must 24
issue another certificate to the applicant to replace the lost, stolen, destroyed 25
or damaged certificate. 26
of registration certificates 27
Register
109.(1) The chief executive must keep a register of registration 28
s 109 98 s 109
Property Agents and Motor Dealers
certificates and applications for registration certificates ("registration 1
certificate register"). 2
(2) The registration certificate register may form part of the licence 3
register. 4
(3) The registration certificate register must contain the following 5
particulars-- 6
(a) for each applicant for a registration certificate-- 7
(i) the applicant's name; and 8
(ii) the name and business address of the licensee by whom the 9
applicant is to be employed; and 10
(iii) the category of employee registration applied for; and 11
(iv) the date of the application; and 12
(v) the application number; 13
(b) for each registered employee-- 14
(i) the employee's name; and 15
(ii) the name and business address of the licensee who employs 16
the employee; and 17
(iii) the category of the employee's employee registration; and 18
(iv) the dates of issue and expiry of the employee's current 19
registration certificate; and 20
(v) any conditions imposed on the certificate; and 21
(vi) the employee's registration certificate number; and 22
(vii) particulars of any surrender, suspension, cancellation or 23
revocation of the employee's registration certificate or any 24
licence or certificate issued to the employee under this or the 25
repealed Act. 26
(4) A person may, on payment of any fee that may be prescribed under a 27
regulation, inspect, or get a copy of details in, the part of the register 28
containing the particulars mentioned in subsection (3)-- 29
(a) at the department's head office when it is open to the public; or 30
(b) by using a computer. 31
s 110 99 s 111
Property Agents and Motor Dealers
(5) A person may pay the fee, in advance or in arrears, under an 1
arrangement approved by the chief executive. 2
(6) The register may be kept in any way the chief executive considers 3
appropriate. 4
(7) In this section-- 5
"contain" includes record and store. 6
employees to notify chief executive of changes in 7
Registered
circumstances 8
110.(1) A registered employee must give written notice to the chief 9
executive of a prescribed change in the employee's circumstances within 10
14 days after the change. 11
Maximum penalty--100 penalty units. 12
(2) In this section-- 13
"prescribed change" means a change prescribed under a regulation. 14
CHAPTER 4--RESTRICTED LETTING AGENTS 15
PART 1--RESTRICTED LETTING AGENT'S 16
LICENCE 17
a restricted letting agent's licence authorises 18
What
111.(1) A restricted letting agent's licence authorises the holder of the 19
licence ("restricted letting agent") to perform the following activities as an 20
agent for others for reward-- 21
(a) letting lots in a building complex; 22
(b) collecting rents for lots in a building complex. 23
s 111 100 s 111
Property Agents and Motor Dealers
(2) A restricted letting agent may perform the activities in the carrying on 1
of a business, either alone or with others, or as an employee of someone 2
else. 3
(3) The chief executive must, by condition of the licence, limit the 4
performance of the activities by the restricted letting agent to 1 or more 5
stated building complexes. 6
(4) The chief executive may authorise the restricted letting agent to 7
perform the activities in more than 1 building complex if-- 8
(a) the chief executive is satisfied-- 9
(i) each building complex is on land contiguous to land on 10
which another building complex in relation to which the 11
letting agent is, or is to be, authorised to perform the 12
activities is situated; and 13
(ii) the restricted letting agent has the approval of each 14
appropriate body corporate to carry on a business of letting 15
lots, and collecting rent for lots, in the complex; or 16
(b) both of the following apply-- 17
(i) immediately before the commencement of section 607,38 a 18
person held a restricted real estate agent's licence or 19
corporation licence (with a director holding a restricted real 20
estate agent's licence) in relation to all the building 21
complexes; 22
(ii) since the commencement, a person has been authorised 23
under a licence to perform the activities of a restricted letting 24
agent for 1 or more of the building complexes. 25
(5) For subsection (4)(a), land is "contiguous" with other land only if 26
the parcels of land have a common boundary that is not separated by a 27
public road. 28
38 Section 607 (Existing licences)
s 112 101 s 112
Property Agents and Motor Dealers
PART 2--CONDUCT PROVISIONS 1
1--Carrying on business 2
Division
on of business under restricted letting agent's licence 3
Carrying
112.(1) An individual who carries on the business of a restricted letting 4
agent with others is not required to hold a restricted letting agent's licence or 5
real estate agent's licence if-- 6
(a) at least 1 of the persons with whom the individual carries on 7
business is a restricted letting agent or real estate agent; and 8
(b) the individual does not perform the activities of a restricted letting 9
agent; and 10
(c) the individual is a suitable person to hold a licence. 11
(2) A restricted letting agent who is an individual must reside 12
permanently in the building complex or, if the letting agent is authorised to 13
perform activities in relation to more than 1 building complex, 1 of the 14
building complexes for which the letting agent is authorised to perform 15
activities. 16
Maximum penalty--200 penalty units. 17
(3) A restricted letting agent that is a corporation must ensure that an 18
individual who performs the activities of a restricted letting agent for the 19
corporation resides permanently in the building complex or, if the letting 20
agent is authorised to perform activities for more than 1 building complex, 21
1 of the building complexes for which the letting agent is authorised to 22
perform activities. 23
Maximum penalty-- 24
(a) for an individual guilty under chapter 2 of the Criminal Code of 25
an offence or for section 59139--200 penalty units; or 26
(b) for a corporation--1 000 penalty units. 27
39 Section 591 (Executive officers must ensure corporation complies with Act)
s 113 102 s 113
Property Agents and Motor Dealers
(4) Subsections (2) and (3) do not apply to a restricted letting agent 1
whose licence is deactivated. 2
to be in charge of a restricted letting agent's business at a 3
Licensee
place 4
113.(1) A restricted letting agent who is an individual and a principal 5
licensee must be in charge of the agent's business at the agent's registered 6
office.40 7
Maximum penalty--200 penalty units. 8
(2) A restricted letting agent that is a corporation must ensure that the 9
individual in charge of the agent's business at the agent's registered office is 10
a restricted letting agent or real estate agent. 11
Maximum penalty-- 12
(a) for an individual guilty under chapter 2 of the Criminal Code of 13
an offence or for section 59141--200 penalty units; or 14
(b) for a corporation--1 000 penalty units. 15
(3) If a restricted letting agent who is a principal licensee-- 16
(a) is authorised under the letting agent's licence to carry on a 17
business of letting lots in more than 1 building complex; and 18
(b) has a place of business in each building complex; 19
the restricted letting agent must ensure that another individual who is a 20
restricted letting agent or real estate agent is in charge of the agent's business 21
at the other place. 22
Maximum penalty--200 penalty units. 23
(4) An individual must not be in charge of a restricted letting agent's 24
business at more than 1 place of business. 25
Maximum penalty--200 penalty units. 26
40 See section 121 (Registered office).
41 Section 591 (Executive officers must ensure corporation complies with Act)
s 114 103 s 114
Property Agents and Motor Dealers
Division 2--Appointment 1
of restricted letting agent 2
Appointment
114.(1) A restricted letting agent who is asked by a person ("client") to 3
perform an activity ("service") for the client must not act for the client 4
unless the client first appoints the letting agent in writing under this section. 5
Maximum penalty--200 penalty units. 6
(2) The appointment may be for the performance of-- 7
(a) a particular service ("single appointment"); or 8
(b) a number of services over a period ("continuing 9
appointment"). 10
(3) The appointment must-- 11
(a) state the service to be performed by the letting agent and how it is 12
to be performed; and 13
(b) state-- 14
(i) in the way prescribed under a regulation, that fees, charges 15
and commission payable for the service are negotiable up to 16
any amount that may be prescribed under a regulation; and 17
(ii) for a single appointment, if commission is payable and 18
expressed as a percentage of rent, the amount of commission 19
expressed in dollars based on the listed rental charge; and 20
(c) state-- 21
(i) the fees, charges and commission payable for the service; 22
and 23
(ii) the expenses, including advertising and marketing expenses, 24
the letting agent is authorised to incur in connection with the 25
performance of the service; and 26
(iii) the source and the estimated amount of any rebate, discount, 27
commission or benefit that the letting agent may receive in 28
relation to any expenses that the letting agent may incur in 29
connection with the performance of the service; and 30
s 115 104 s 115
Property Agents and Motor Dealers
(iv) any condition, limitation or restriction on the performance of 1
the service; and 2
(d) state when the fees, charges and commission for the service 3
become payable; and 4
(e) if a service to be performed is the letting of lots or the collecting 5
of rent and commission is payable in relation to the service and 6
expressed as a percentage, state that the commission is worked 7
out only on the actual amount of rent collected. 8
(4) A continuing appointment must state-- 9
(a) the date the appointment ends; and 10
(b) the appointment may be revoked on the giving of 90 days notice, 11
or some lesser period (not less than 30 days) agreed by the 12
parties. 13
(5) The notice revoking a continuing appointment must be by signed 14
writing given to the other party. 15
(6) The revocation of a continuing appointment does not affect existing 16
contracts entered into by the restricted letting agent on behalf of the client. 17
(7) The appointment must be signed and dated by the client and the 18
letting agent or someone authorised or apparently authorised to sign for the 19
letting agent. 20
(8) The letting agent must give a copy of the signed appointment to the 21
client. 22
Maximum penalty for subsection (8)--200 penalty units. 23
of appointment 24
Form
115.(1) The appointment must be in the approved form. 25
(2) The approved form must include a prominent statement that the client 26
should seek independent legal advice before signing the appointment. 27
(3) An appointment that does not comply with subsection (1) is 28
ineffective from the time it is made. 29
s 116 105 s 117
Property Agents and Motor Dealers
3--Recovery of reward or expense 1
Division
may be claimed only in relation to actual amounts 2
Commission
116.(1) This section applies to a restricted letting agent who performs, for 3
the payment of a commission, a service of letting lots or collecting rents. 4
(2) The restricted letting agent must not claim commission worked out 5
on an amount more than the actual amount collected. 6
Maximum penalty--200 penalty units. 7
on remedy for reward or expense 8
Restriction
117.(1) A person is not entitled to sue for, or recover or retain, a reward 9
or expense for the performance of an activity as a restricted letting agent 10
unless, at the time the activity was performed, the person-- 11
(a) held a restricted letting agent's licence; and 12
(b) was authorised under the person's licence to perform the activity; 13
and 14
(c) had been properly appointed under division 2 42 by the person to 15
be charged with the reward or expense. 16
(2) A person is not entitled to sue for, or recover or retain, a reward for 17
the performance of an activity as a restricted letting agent that is more than 18
the amount of the reward stated in the appointment given under 19
section 114.43 20
(3) However, if the reward for the performance of the activity is limited 21
under a regulation, the person is not entitled to sue for, or recover or retain, a 22
reward more than the amount allowed under a regulation. 23
(4) A person is not entitled to sue for, or recover or retain, expenses for 24
the performance of an activity as a restricted letting agent that are more than 25
the amount of the reward stated in the appointment given under section 114. 26
42 Division 2 (Appointment)
43 Section 114 (Appointment of restricted letting agent)
s 118 106 s 119
Property Agents and Motor Dealers
(5) However, if the amount of expenses that may be incurred in relation 1
to the performance of the activity is limited under a regulation, the person is 2
not entitled to sue for, or recover or retain, a reward more than the amount 3
allowed under a regulation. 4
fees etc. to be repaid 5
Excess
118.(1) This section applies if-- 6
(a) a person is convicted of an offence against section 116(2);44 and 7
(b) the court convicting the person is satisfied on the balance of 8
probabilities that the person, in connection with the offence, has 9
recovered or retained from someone ("client") for whom the 10
person performed an activity an amount to which the person was 11
not entitled. 12
(2) The court must order the person to pay the amount to the client. 13
(3) The order must be made whether or not any penalty is imposed for 14
the offence. 15
(4) The client may file the order in a court having jurisdiction for the 16
recovery of a debt of an equal amount and the order may be enforced as if it 17
were a judgment of that court. 18
Division 4--Code of conduct 19
of conduct 20
Code
119. A regulation may prescribe a code of conduct about restricted letting 21
agent practice that may include the following-- 22
(a) setting conduct standards for restricted letting agents; 23
(b) establishing principles for fair trading; 24
(c) providing for a system of complaint resolution. 25
44 Section 116 (Commission may be claimed only in relation to actual amounts)
s 120 107 s 121
Property Agents and Motor Dealers
about conduct 1
Complaints
120.(1) A person aggrieved by the conduct of a restricted letting agent 2
may complain in writing to the chief executive about the conduct. 3
(2) The chief executive may investigate the complaint and, if satisfied that 4
the code of conduct has been breached, take the action about the conduct 5
allowed under this Act. 6
7
Note--
8
Breach of a code of conduct is a ground for starting disciplinary proceedings under
9
section 496 (Grounds for starting disciplinary proceedings).
(3) The investigation may take place and action may be taken against a 10
person who was a restricted letting agent even though the person is no 11
longer a restricted letting agent. 12
ART 3--GENERAL 13
P
office 14
Registered
121. A restricted letting agent's "registered office" is-- 15
(a) for a restricted letting agent who is a principal licensee-- 16
(i) the place the letting agent specifies in the letting agent's 17
application for a restricted letting agent's licence as the letting 18
agent's principal place of business; or 19
(ii) another place notified to the chief executive by the letting 20
agent in the approved form as the letting agent's principal 21
place of business; and 22
(b) for a restricted letting agent who is an employed licensee-- 23
(i) the place the letting agent specifies in the letting agent's 24
application for a restricted letting agent's licence as the letting 25
agent's business address; or 26
(ii) another place notified to the chief executive by the letting 27
agent in the approved form as the letting agent's business 28
address. 29
s 122 108 s 123
Property Agents and Motor Dealers
letting agent to notify chief executive of change in place of 1
Restricted
business etc. 2
122.(1) A restricted letting agent who is a principal licensee must-- 3
(a) notify the chief executive in the approved form of any change in 4
the letting agent's principal place of business within 14 days after 5
the change; and 6
(b) notify the chief executive in the approved form of the closure of 7
any place where the letting agent carries on business within 14 8
days after the closure; and 9
(c) notify the chief executive in the approved form of the opening of 10
any place where the letting agent carries on business within 14 11
days after the opening. 12
Maximum penalty--200 penalty units. 13
(2) A restricted letting agent who is a principal licensee must notify the 14
chief executive of any change in, or revocation of, the body corporate's 15
approval to the letting agent to carry on the business of letting lots for a 16
building complex within 14 days after the change or revocation. 17
Maximum penalty--200 penalty units. 18
(3) A restricted letting agent who is an employed licensee must notify the 19
chief executive in the approved form of any change in the letting agent's 20
business address within 14 days after the change. 21
Maximum penalty--200 penalty units. 22
and publication of licensee's name 23
Display
123.(1) A restricted letting agent who is a principal licensee must display 24
at each place the restricted letting agent carries on business, in the way that 25
may be prescribed under a regulation-- 26
(a) the letting agent's name; and 27
(b) if the letting agent is not the person in charge of the letting agent's 28
business at the place, the name of the restricted letting agent who 29
is in charge of the letting agent's business at the place; and 30
s 124 109 s 125
Property Agents and Motor Dealers
(c) the other particulars that may be prescribed under a regulation. 1
Maximum penalty--100 penalty units. 2
(2) A restricted letting agent must not publish in a newspaper or 3
elsewhere an advertisement for the letting agent's business without stating 4
in the advertisement the particulars that may be prescribed under a 5
regulation. 6
Maximum penalty--100 penalty units. 7
licensee must keep employment register 8
Principal
124.(1) A restricted letting agent who is a principal licensee must keep a 9
register ("employment register") at each place where the letting agent 10
carries on business. 11
Maximum penalty--200 penalty units. 12
(2) The restricted letting agent must enter, and keep entered, in the 13
employment register the name, and the other particulars that may be 14
prescribed under a regulation, of each person ("employee") who is 15
employed as a restricted letting agent at the place. 16
Maximum penalty--200 penalty units. 17
(3) The restricted letting agent must enter the particulars about each 18
employee immediately after the employee is employed at the place. 19
Maximum penalty--200 penalty units. 20
(4) The form of the register may be prescribed under a regulation. 21
PART 4--OFFENCES 22
as restricted letting agent 23
Acting
125.(1) A person must not, as an agent for someone else for reward, 24
perform an activity that may be done under the authority of a restricted 25
letting agent's licence unless the person-- 26
s 126 110 s 127
Property Agents and Motor Dealers
(a) holds a restricted letting agent's licence and the performance of 1
the activity is authorised under the person's licence; or 2
(b) is otherwise permitted under this or another Act to perform the 3
activity. 4
Maximum penalty--200 penalty units or 2 years imprisonment. 5
(2) A lawyer does not act as a restricted letting agent only because the 6
lawyer collects rents in the lawyer's practice for lots in a building complex if 7
the lawyer complies with the requirements of the Trust Accounts Act 1973 8
in relation to the rents. 9
letting agent must not act for more than 1 party 10
Restricted
126.(1) A restricted letting agent must not act for more than 1 party to a 11
transaction. 12
Maximum penalty--200 penalty units. 13
(2) If a restricted letting agent acts for more than 1 party to a transaction, 14
an appointment to act for a party to the transaction is ineffective from the 15
time it is made. 16
of licence 17
Production
127. A restricted letting agent must, if asked by a person with whom the 18
letting agent is dealing, produce the letting agent's licence for inspection by 19
the person. 20
Maximum penalty--100 penalty units. 21
s 128 111 s 129
Property Agents and Motor Dealers
CHAPTER 5--REAL ESTATE AGENTS 1
ART 1--REAL ESTATE AGENT'S 2
P
AUTHORISATION AND RESPONSIBILITY 3
1--Real estate agent's licence 4
Division
a real estate agent's licence authorises 5
What
128.(1) A real estate agent's licence authorises the holder of the licence 6
("real estate agent") to perform the following activities as an agent for 7
others for reward-- 8
(a) to buy, sell, exchange, or let places of residence or land or 9
interests in places of residence or land; 10
(b) to buy, sell, exchange, or let businesses or interests in businesses; 11
(c) to collect rents; 12
(d) to buy, sell or exchange livestock or an interest in livestock; 13
(e) to negotiate for the buying, selling, exchanging, or letting of 14
something mentioned in paragraph (a) or (b); 15
(f) to negotiate for the buying, selling or exchanging of something 16
mentioned in paragraph (d). 17
(2) A real estate agent may perform the activities in the carrying on of a 18
business, either alone or with others, or as an employee of someone else. 19
2--Responsibilities of persons in charge of a licensee's 20
Division
business for salespersons 21
for acts and omissions of salespersons 22
Responsibility
129.(1) A real estate agent who is a principal licensee must take 23
reasonable steps to ensure each real estate salesperson employed by the 24
agent is properly supervised, acts only within the scope of the person's 25
employment authority under section 130 and complies with this Act. 26
s 130 112 s 131
Property Agents and Motor Dealers
(2) A real estate agent who is an employed licensee in charge of a 1
licensee's business at a place of business must take reasonable steps to 2
ensure each real estate salesperson employed at the place is properly 3
supervised, acts only within the scope of the person's employment authority 4
under section 130 and complies with this Act. 5
(3) A real estate agent who fails to comply with subsection (1) or (2) is 6
liable to disciplinary action under chapter 14, part 3.45 7
estate agent must give salespersons employment authority 8
Real
130. Immediately after a real estate agent starts to employ a real estate 9
salesperson, the real estate agent must give the salesperson a statement 10
("employment authority") clearly specifying the activities of a real estate 11
agent the agent authorises the salesperson to perform for the agent during 12
the salesperson's employment by the agent. 13
Maximum penalty--200 penalty units. 14
PART 2--CONDUCT PROVISIONS 15
1--Carrying on business 16
Division
on of business under real estate agent's licence 17
Carrying
131. An individual who carries on the business of a real estate agent with 18
others is not required to hold a real estate agent's licence if-- 19
(a) at least 1 of the persons with whom the individual carries on 20
business is a real estate agent; and 21
(b) the individual does not perform the activities of a real estate agent; 22
and 23
(c) the individual is a suitable person to hold a licence. 24
45 Chapter 14 (Claims against the fund and other proceedings), part 3 (Disciplinary
proceedings)
s 132 113 s 133
Property Agents and Motor Dealers
to be in charge of a real estate agent's business at a place 1
Licensee
132.(1) A real estate agent who is an individual and a principal licensee 2
must-- 3
(a) be in charge of the agent's business at the agent's registered 4
office;46 and 5
(b) if the agent has more than 1 place of business, ensure that at each 6
other place of business a real estate agent who is an individual is 7
in charge of the agent's business at the place. 8
Maximum penalty--200 penalty units. 9
(2) A real estate agent that is a corporation and a principal licensee 10
("corporate agent") must ensure that-- 11
(a) the individual in charge of the corporate agent's business at its 12
registered office is a real estate agent; and 13
(b) if the corporate agent has more than 1 place of business, at each 14
other place of business an individual who is a real estate agent is 15
in charge of the corporate agent's business at the place. 16
Maximum penalty-- 17
(a) for an individual guilty under chapter 2 of the Criminal Code of 18
an offence or for section 59147--200 penalty units; or 19
(b) for a corporation--1 000 penalty units. 20
(3) An individual must not be in charge of a real estate agent's business 21
at more than 1 place. 22
Maximum penalty--200 penalty units. 23
Division 2--Appointment 24
of real estate agent--general 25
Appointment
133.(1) A real estate agent who is asked by a person ("client") to 26
46 See section 156 (Registered office).
47 Section 591 (Executive officers must ensure corporation complies with Act)
s 133 114 s 133
Property Agents and Motor Dealers
perform an activity ("service") for the client must not act for the client 1
unless the client first appoints the agent in writing under this section. 2
Maximum penalty--200 penalty units. 3
(2) The appointment may be for the performance of-- 4
(a) a particular service ("single appointment"); or 5
(b) a number of services over a period ("continuing 6
appointment"). 7
(3) The appointment must, for each service-- 8
(a) state the service to be performed by the real estate agent and how 9
it is to be performed; and 10
(b) state, in the way prescribed under a regulation, that fees, charges 11
and commission payable for the service are negotiable up to any 12
amount that may be prescribed under a regulation; and 13
(c) state-- 14
(i) the fees, charges and any commission payable for the 15
service; and 16
(ii) the expenses, including advertising and marketing expenses, 17
the agent is authorised to incur in connection with the 18
performance of each service or category of service; and 19
(iii) the source and the estimated amount or value of any rebate, 20
discount, commission or benefit that the agent may receive 21
in relation to any expenses that the agent may incur in 22
connection with the performance of the service; and 23
(iv) any condition, limitation or restriction on the performance of 24
the service; and 25
(d) state when the fees, charges and any commission for the service 26
become payable; and 27
(e) if the service to be performed is the sale or letting of property or 28
the collecting of rents and commission is payable in relation to the 29
service and expressed as a percentage of an estimated sale price or 30
amount to be collected, state that the commission is worked out 31
only on the actual sale price or the amount actually collected; and 32
s 134 115 s 134
Property Agents and Motor Dealers
(f) if the appointment is for a sole or exclusive agency, state the date 1
the appointment ends. 2
(4) A continuing appointment must state-- 3
(a) the date the appointment ends; and 4
(b) the appointment may be revoked on the giving of 90 days notice, 5
or some lesser period (not less than 30 days) agreed by the 6
parties. 7
(5) The notice revoking a continuing appointment must be by signed 8
writing given to the other party. 9
(6) The revocation of a continuing appointment does not affect existing 10
contracts entered into by the real estate agent on behalf of the client. 11
(7) The appointment must be signed and dated by the client and the real 12
estate agent or someone authorised or apparently authorised to sign for the 13
agent. 14
(8) The real estate agent must give a copy of the signed appointment to 15
the client. 16
Maximum penalty--200 penalty units. 17
(9) If an appointment under this section authorises a sale by auction, an 18
appointment under section 21048 is not required. 19
(10) This section does not apply if the service to be performed is the sale 20
of livestock. 21
of appointment 22
Form
134.(1) The appointment must be in the approved form. 23
(2) The approved form must include a prominent statement that the client 24
should seek independent legal advice before signing the appointment. 25
(3) An appointment that does not comply with subsection (1) is 26
ineffective from the time it is made. 27
48 Section 210 (Appointment of auctioneer--general)
s 135 116 s 136
Property Agents and Motor Dealers
of real estate agent--sole and exclusive agencies 1
Appointment
135.(1) If the appointment is for a sole or exclusive agency, before the 2
appointment is signed, the real estate agent must give the client a notice in 3
the approved form stating the following-- 4
(a) the proposed term of the appointment; 5
(b) the term is negotiable up to a maximum term of 60 days; 6
(c) whether the appointment is under a sole agency or an exclusive 7
agency; 8
(d) the difference between sole agency and exclusive agency;49 9
(e) the consequences for the client if the property is sold by someone 10
other than the agent during the term of the sole or exclusive 11
agency. 12
Maximum penalty--200 penalty units. 13
(2) The appointment may include provision that, at the end of the term of 14
a sole or exclusive agency, the appointment of the agent continues under an 15
open listing50 that may be ended at any time by the agent or the client. 16
(3) The agent's requirement to give the notice under this section is in 17
addition to the agent's requirement to obtain an appointment under 18
section 133. 19
estate agent may be reappointed 20
Real
136.(1) A real estate agent may be reappointed for a sole or exclusive 21
agency for 1 or more further terms of not more than 60 days. 22
(2) The reappointment must not be made earlier than 14 days before the 23
term of the sole or exclusive agency ends. 24
Maximum penalty for subsection (2)--200 penalty units. 25
49 See section 19 (Difference between "exclusive agency" and "sole agency").
50 See section 16 (Meaning of "open listing").
s 137 117 s 138
Property Agents and Motor Dealers
of appointments 1
Avoidance
137.(1) The appointment of a real estate agent for a sole or exclusive 2
agency is ineffective from the time it is made if-- 3
(a) the notice mentioned in section 135(1) 51 is not given before the 4
appointment is signed; or 5
(b) the term of the appointment is more than 60 days. 6
(2) The reappointment of an agent for a further term of sole or exclusive 7
agency is ineffective from the time it is made if it is made contrary to 8
section 136(2). 9
3--Disclosure of interest 10
Division
to prospective buyer 11
Disclosures
138.(1) A real estate agent or a real estate salesperson acting for the agent 12
in the sale of residential property must disclose the following to any 13
prospective buyer of the property-- 14
(a) any relationship, and the nature of the relationship (whether 15
personal or commercial), the agent has with anyone to whom the 16
agent refers the buyer for professional services associated with the 17
sale; 18
19
Examples of relationships for paragraph (a)--
20
1. A family relationship.
21
2. A business relationship, other than a casual business relationship.
22
3. A fiduciary relationship.
23
4. A relationship in which 1 person is accustomed, or obliged, to act in
24
accordance with the directions, instructions, or wishes of the other.
(b) whether the agent derives or expects to derive any consideration, 25
whether monetary or otherwise, from a person to whom the agent 26
has referred the buyer and, if so, the amount or value of the 27
consideration. 28
51 Section 135 (Appointment of real estate agent--sole and exclusive agencies)
s 139 118 s 140
Property Agents and Motor Dealers
Maximum penalty--200 penalty units. 1
(2) The disclosure is effective for subsection (1) only if it is-- 2
(a) given to the prospective buyer in the approved form; and 3
(b) acknowledged by the prospective buyer in writing on the 4
approved form; and 5
(c) given and acknowledged before a contract for the sale of the 6
residential property is entered into. 7
4--Recovery of reward or expense 8
Division
may be claimed only in relation to actual amounts 9
Commission
139.(1) This section applies to a real estate agent who performs, for the 10
payment of a commission, a service of selling or letting property or 11
collecting rents. 12
(2) The real estate agent must not claim commission worked out on an 13
amount more than the actual sale price of the property or the amount 14
collected. 15
Maximum penalty--200 penalty units. 16
on recovery of reward or expense--no proper 17
Restriction
authorisation etc. 18
140. A person is not entitled to sue for, or recover or retain, a reward or 19
expense for the performance of an activity as a real estate agent unless, at the 20
time the activity was performed, the person-- 21
(a) held a real estate agent's licence; and 22
(b) was authorised under the person's licence to perform the activity; 23
and 24
(c) had been properly appointed under division 2 52 by the person to 25
be charged with the reward or expense. 26
52 Division 2 (Appointment)
s 141 119 s 142
Property Agents and Motor Dealers
on recovery of reward or expense above amount allowed 1
Restriction
141.(1) A person is not entitled to sue for, or recover or retain, a reward 2
for the performance of an activity as a real estate agent that is more than the 3
amount of the reward stated in the appointment given under section 133.53 4
(2) However, if the reward for the performance of the activity is limited 5
under a regulation, the person is not entitled to sue for, or recover or retain, a 6
reward more than the amount allowed under the regulation. 7
(3) A person is not entitled to sue for, or recover or retain, expenses for 8
the performance of an activity as a real estate agent that are more than the 9
amount of the expenses stated in the appointment given under section 133 10
and actually expended. 11
(4) However, if the amount of expenses that may be incurred in relation 12
to the performance of the activity is limited under a regulation, the person is 13
not entitled to sue for, or recover or retain, an amount more than the amount 14
allowed under the regulation. 15
commission etc. to be repaid 16
Excess
142.(1) This section applies if-- 17
(a) a person is convicted of an offence against section 139(2);54 and 18
(b) the court convicting the person is satisfied on the balance of 19
probabilities that the person, in connection with the offence, has 20
recovered or retained from someone ("client") for whom the 21
person performed an activity an amount to which the person was 22
not entitled. 23
(2) The court must order the person to pay the amount to the client. 24
(3) The order must be made whether or not any penalty is imposed on 25
the conviction. 26
(4) The client may file the order in a court having jurisdiction for the 27
recovery of a debt of an equal amount and the order may be enforced as if it 28
were a judgment of that court. 29
53 Section 133 (Appointment of real estate agent--general)
54 Section 139 (Commission may be claimed only in relation to actual amounts)
s 143 120 s 145
Property Agents and Motor Dealers
Division 5--Interests in property 1
for div 5 2
Definition
143. In this division-- 3
"obtain" includes being in any way concerned in obtaining. 4
interest--options 5
Beneficial
144.(1) This section applies to property placed by a person ("client") 6
with a real estate agent for sale. 7
(2) The real estate agent commits an offence if the agent obtains from the 8
client an option to purchase the property in which the agent has a beneficial 9
interest. 10
Maximum penalty--200 penalty units or 3 years imprisonment. 11
(3) A real estate salesperson employed by the real estate agent commits 12
an offence if the salesperson obtains from the client an option to purchase 13
the property in which the salesperson has a beneficial interest. 14
Maximum penalty--200 penalty units or 3 years imprisonment. 15
(4) The real estate agent must not sell the property if the agent obtains a 16
beneficial interest in an option to purchase the property. 17
Maximum penalty--200 penalty units or 3 years imprisonment. 18
interest--other than options 19
Beneficial
145.(1) This section applies to property placed by a person ("client") 20
with a real estate agent for sale, but does not apply if section 144 applies. 21
(2) The real estate agent commits an offence if the agent obtains a 22
beneficial interest in the property. 23
Maximum penalty--200 penalty units or 3 years imprisonment. 24
(3) A real estate salesperson employed by the real estate agent commits 25
an offence if the salesperson obtains a beneficial interest in the property. 26
Maximum penalty--200 penalty units or 3 years imprisonment. 27
s 146 121 s 147
Property Agents and Motor Dealers
(4) A person does not contravene subsection (2) or (3) if-- 1
(a) the person-- 2
(i) before a contract for the sale of the property is entered into, 3
obtains the client's written acknowledgment in the approved 4
form that the client-- 5
(A) is aware that the person is interested in obtaining a 6
beneficial interest in the property; and 7
(B) consents to the person obtaining the interest; and 8
(ii) acts fairly and honestly in relation to the sale; and 9
(b) no commission or other reward is payable in relation to the sale; 10
and 11
(c) the client is in substantially as good a position as the client would 12
be if the property were sold at fair market value. 13
of s 145 for particular livestock sales 14
Non-application
146. Section 145 does not apply in relation to livestock sales if the real 15
estate agent obtains the client's written acknowledgment that the client-- 16
(a) is aware that the real estate agent or a real estate salesperson is 17
interested in obtaining a beneficial interest in the livestock; and 18
(b) consents to the real estate agent or a real estate salesperson 19
obtaining the interest. 20
6--Lands not lawfully useable for residential purposes 21
Division
for div 6 22
Definition
147. In this division-- 23
"vacant land" means land on which there are no structural improvements, 24
other than fencing. 25
s 148 122 s 149
Property Agents and Motor Dealers
of div 6 1
Application
148. This division applies to a sale or proposed sale of vacant land if-- 2
(a) the sale is by a real estate agent either as agent for another or as 3
principal; and 4
(b) the land is within-- 5
(i) the City of Brisbane area; or 6
(ii) a local government area or joint local government area under 7
the Local Government Act 1993; and 8
(c) the land can not, as at the day of sale, be lawfully used for 9
residential purposes. 10
to be given about vacant land 11
Notice
149.(1) The real estate agent must give to a proposed buyer a written 12
statement under this section. 13
Maximum penalty--200 penalty units or 2 years imprisonment. 14
(2) The real estate agent must give the statement to the proposed buyer 15
before the buyer signs any contract in relation to the sale. 16
Maximum penalty--200 penalty units or 2 years imprisonment. 17
(3) The statement must include the following particulars-- 18
(a) the land, clearly identified (including by lot-on-plan, or similar, 19
description), to which the statement relates; 20
(b) the names and addresses of the seller of the land and the proposed 21
buyer; 22
(c) a clear statement that the use of the land for residential purposes is 23
unlawful; 24
(d) a clear statement that if the buyer erects on the land a place of 25
residence or otherwise uses the land for residential purposes 26
contrary to law-- 27
(i) the buyer may commit an offence; and 28
s 150 123 s 150
Property Agents and Motor Dealers
(ii) a named local government may be lawfully empowered to 1
demolish the place of residence or other residential structure; 2
and 3
(e) the date on which the statement is given. 4
(4) The statement must be signed and dated by the real estate agent and 5
the proposed buyer. 6
(5) The real estate agent must-- 7
(a) keep a copy of the signed statement at the real estate agent's 8
registered office; and 9
(b) make it available for immediate inspection by an inspector who 10
asks to see it. 11
Maximum penalty for subsection (5)--200 penalty units or 2 years 12
imprisonment. 13
rights if notice not given or materially defective 14
Buyer's
150.(1) A buyer of land, by written notice ("avoidance notice") given to 15
the seller of the land or the real estate agent, may avoid a contract for the sale 16
of the land if-- 17
(a) the buyer has not been given the notice under section 149; or 18
(b) the notice has been given to the buyer, but the notice is defective 19
in a material way. 20
(2) The avoidance notice must be given to the seller or real estate agent 21
within 6 months after the day the buyer entered into the contract. 22
(3) If the contract is avoided by the buyer under subsection (1), the seller 23
and the real estate agent are liable at law to the buyer for all amounts paid by 24
the buyer-- 25
(a) under the contract; and 26
(b) for legal and other expenses in relation to the contract after the 27
contract was signed. 28
(4) A real estate agent who is liable at law under subsection (3) for the 29
repayment to the buyer of an amount paid by the buyer under, or in relation 30
s 150 124 s 150
Property Agents and Motor Dealers
to, the contract must repay the amount within 14 days after becoming liable. 1
Maximum penalty--200 penalty units. 2
(5) The buyer may recover an amount mentioned in subsection (3) as a 3
debt. 4
(6) Judgment recovered against either person liable under subsection (3) 5
for an amount repayable under that subsection does not bar an action against 6
the other person. 7
(7) However, if separate actions are brought-- 8
(a) the amounts recoverable under the judgments given in the actions 9
must not be more, taken together, than the amount repayable to 10
the buyer; and 11
(b) in the later of the 2 actions, the plaintiff is not entitled to costs, 12
unless the court decides there were reasonable grounds for 13
bringing the action. 14
(8) If the buyer avoids the contract under this section after the contract is 15
completed, the buyer must, after repayment of all amounts recoverable by 16
the buyer under subsection (3)-- 17
(a) sign the documents presented to the buyer necessary to convey 18
title to the land to the person lawfully entitled to the land or the 19
person's nominee; and 20
(b) deliver to the person lawfully entitled to the land or the person's 21
nominee any instrument of title in the buyer's possession or 22
under the buyer's control. 23
(9) The buyer-- 24
(a) is not liable for any costs associated with a conveyance under 25
subsection (8); and 26
(b) may recover from the seller and the real estate agent as a debt the 27
buyer's reasonable costs associated with the conveyance. 28
(10) The liability of the seller and the real estate agent under 29
subsections (3) and (9) is joint and several. 30
s 151 125 s 153
Property Agents and Motor Dealers
to punishment under s 149 or 150 additional to other 1
Liability
liabilities at law 2
151. Liability to punishment under section 149 or 150 is in addition to 3
other liabilities at law imposed under section 150. 4
7--Sales of particular businesses 5
Division
of div 7 6
Application
152. This division applies to the sale of a business for which a restricted 7
letting agent's licence is required ("restricted letting agent's business"). 8
to be given about sale of restricted letting agent's business 9
Notice
153.(1) A real estate agent who is authorised to sell a restricted letting 10
agent's business by the seller of the business must give to a proposed buyer 11
of the business a written statement under this section. 12
Maximum penalty--200 penalty units. 13
(2) The real estate agent must give the statement to the proposed buyer 14
before the buyer signs any contract in relation to the sale. 15
(3) The statement must include the following particulars-- 16
(a) the business, clearly identified, to which the statement relates; 17
(b) the names and addresses of the seller of the business and the 18
proposed buyer; 19
(c) a clear statement that, to carry on the business, the proposed buyer 20
must have the approval of the body corporate of the building 21
complex in which the activities of a restricted letting agent are to 22
be performed; 23
(d) a clear statement that a person who performs the activities of a 24
restricted letting agent must-- 25
(i) hold a restricted letting agent's licence under this Act; or 26
s 154 126 s 155
Property Agents and Motor Dealers
(ii) otherwise be permitted under this or another Act to perform 1
the activities; 2
(e) the date on which the statement is given. 3
(4) The statement must be signed and dated by the real estate agent. 4
Maximum penalty--200 penalty units. 5
(5) The signed statement must be given to the proposed buyer and a copy 6
of the signed statement must be-- 7
(a) kept at the real estate agent's registered office; and 8
(b) made available for immediate inspection by an inspector who 9
asks to see it. 10
Maximum penalty--200 penalty units. 11
Division 8--Code of conduct 12
of conduct 13
Code
154. A regulation may prescribe a code of conduct about real estate 14
agency practice that may include the following-- 15
(a) setting conduct standards for real estate agents, employed 16
licensees and real estate salespersons; 17
(b) establishing principles for fair trading; 18
(c) providing for a system of complaint resolution. 19
about conduct 20
Complaints
155.(1) A person aggrieved by the conduct of a real estate agent or real 21
estate salesperson may complain in writing to the chief executive about the 22
conduct. 23
(2) The chief executive may investigate the complaint and, if satisfied that 24
the code of conduct has been breached, take the action about the conduct 25
allowed under this Act. 26
s 156 127 s 157
Property Agents and Motor Dealers
1
Note--
2
Breach of a code of conduct is a ground for starting disciplinary proceedings under
3
section 496 (Grounds for starting disciplinary proceedings).
(3) The investigation may take place and action may be taken against a 4
person who was a real estate agent or real estate salesperson even though the 5
person is no longer a real estate agent or real estate salesperson. 6
ART 3--GENERAL 7
P
office 8
Registered
156. A real estate agent's "registered office" is-- 9
(a) for a real estate agent who is a principal licensee-- 10
(i) the place the agent specifies in the agent's application for a 11
real estate agent's licence as the agent's principal place of 12
business; or 13
(ii) another place notified to the chief executive by the agent in 14
the approved form as the agent's principal place of business; 15
and 16
(b) for a real estate agent who is an employed licensee-- 17
(i) the place the agent specifies in the licensee's application for a 18
real estate agent's licence as the agent's business address; or 19
(ii) another place notified to the chief executive by the agent in 20
the approved form as the agent's business address. 21
estate agent must notify chief executive of change in place of 22
Real
business etc. 23
157.(1) A real estate agent who is a principal licensee must-- 24
(a) notify the chief executive in the approved form of any change in 25
the agent's principal place of business within 14 days after the 26
change; and 27
s 158 128 s 159
Property Agents and Motor Dealers
(b) notify the chief executive in the approved form of the closure of 1
any place where the agent carries on business within 14 days after 2
the closure; and 3
(c) notify the chief executive in the approved form of the opening of 4
any place where the agent carries on business within 14 days after 5
the opening. 6
Maximum penalty--200 penalty units. 7
(2) A real estate agent who is an employed licensee must notify the chief 8
executive in the approved form of any change in the agent's business 9
address within 14 days after the change. 10
Maximum penalty--200 penalty units. 11
and publication of licensee's name 12
Display
158.(1) A real estate agent who is a principal licensee must display at 13
each place the agent carries on business, in the way that may be prescribed 14
under a regulation-- 15
(a) the agent's name; and 16
(b) if the agent is not the person in charge of the agent's business at 17
the place, the name of the real estate agent who is in charge at the 18
place; and 19
(c) the other particulars that may be prescribed under a regulation. 20
Maximum penalty--100 penalty units. 21
(2) A real estate agent who is a principal licensee must not publish, or 22
permit to be published, in a newspaper or elsewhere an advertisement for 23
the agent's business without stating in the advertisement the particulars that 24
may be prescribed under a regulation. 25
Maximum penalty--100 penalty units. 26
licensee must keep employment register 27
Principal
159.(1) A real estate agent who is a principal licensee must keep a 28
register ("employment register") at each place where the agent carries on 29
s 159 129 s 159
Property Agents and Motor Dealers
business. 1
Maximum penalty--200 penalty units. 2
(2) The real estate agent must enter, and keep entered, in the employment 3
register-- 4
(a) the name, and the other particulars that may be prescribed under a 5
regulation, of each person ("employee") who is employed as an 6
employed licensee, real estate salesperson or trainee auctioneer at 7
the place; and 8
(b) if the employee is a real estate salesperson or trainee auctioneer, 9
the activities the salesperson is authorised to perform for the agent 10
or the trainee is authorised to perform under the supervision of an 11
auctioneer during the employee's employment by the agent. 12
Maximum penalty--200 penalty units. 13
14
Note--
15
The real estate agent must give the employee a statement under section 130
16
(Real estate agent must give salespersons employment authority) clearly specifying
17
the employee's activities.
(3) The real estate agent must-- 18
(a) enter the particulars about each employee, and for each real estate 19
salesperson or trainee auctioneer, the activities the salesperson or 20
trainee is authorised to perform, immediately after the employee 21
is employed at the place; and 22
(b) if there is a change in an employee's particulars or activities, 23
correct the entry in the way prescribed under a regulation 24
immediately after the change. 25
Maximum penalty--200 penalty units. 26
(4) The form of the register may be prescribed under a regulation. 27
s 160 130 s 160
Property Agents and Motor Dealers
PART 4--OFFENCES 1
as real estate agent 2
Acting
160.(1) A person must not, as an agent for someone else for reward, 3
perform an activity that may be done under the authority of a real estate 4
agent's licence unless the person-- 5
(a) holds a real estate agent's licence and the performance of the 6
activity is authorised under the person's licence; or 7
(b) is otherwise permitted under this or another Act to perform the 8
activity. 9
Maximum penalty--200 penalty units or 2 years imprisonment. 10
(2) A person must not act as a real estate agent unless-- 11
(a) the person holds a real estate agent's licence and the act is done 12
under the authority of the person's licence; or 13
(b) the act is otherwise permitted under this or another Act. 14
Maximum penalty--200 penalty units or 2 years imprisonment. 15
(3) Without limiting the ways a person may act as a real estate agent, a 16
person acts as a real estate agent if the person-- 17
(a) performs an activity mentioned in section 128(1);55 or 18
(b) advertises or notifies or states that the person-- 19
(i) performs an activity mentioned in section 128(1); or 20
(ii) is willing to perform an activity mentioned in section 128(1); 21
or 22
(c) in any way holds out as being ready to perform an activity 23
mentioned in section 128(1). 24
(4) However-- 25
(a) a person does not act as a real estate agent only because the person 26
collects rents for a real estate agent as an employee of the agent; 27
and 28
55 Section 128 (What a real estate agent's licence authorises)
s 161(1) 131 s 164
Property Agents and Motor Dealers
(b) a lawyer does not act as a real estate agent only because the lawyer 1
collects rents in the lawyer's practice if the lawyer complies with 2
the requirements of the Trust Accounts Act 1973 in relation to the 3
rents. 4
to be real estate salesperson 5
Pretending
161(1). A person must not hold out that the person is a real estate 6
salesperson unless the person holds a registration certificate (real estate 7
salesperson). 8
Maximum penalty--200 penalty units. 9
(2) A person does not act as a real estate salesperson only because the 10
person collects rents for a real estate agent as an employee of the agent. 11
estate agent must not act for more than 1 party 12
Real
162.(1) A real estate agent must not act for more than 1 party to a 13
transaction. 14
Maximum penalty--200 penalty units. 15
(2) If a real estate agent acts for more than 1 party to a transaction, an 16
appointment to act for a party to the transaction is ineffective from the time 17
it is made. 18
(3) A real estate agent does not contravene subsection (1) and 19
subsection (2) does not apply if the transaction is a livestock sale. 20
of licence 21
Production
163. A real estate agent must, if asked by a person with whom the agent 22
is dealing, produce the agent's licence for inspection by the person. 23
Maximum penalty--100 penalty units. 24
of persons in real estate business 25
Employment
164.(1) A real estate agent must not employ, as a real estate salesperson, 26
a person the agent knows, or ought to know, does not hold a registration 27
s 165 132 s 165
Property Agents and Motor Dealers
certificate as a real estate salesperson. 1
Maximum penalty--200 penalty units. 2
(2) A principal licensee who is an individual and carries on the business 3
of a real estate agent must not employ, as a real estate salesperson for the 4
business, himself or herself or another individual with whom the principal 5
licensee carries on business as a real estate agent. 6
Maximum penalty--200 penalty units. 7
(3) A principal licensee that is a corporation and carries on business as a 8
real estate agent must not employ an executive officer of the corporation as a 9
real estate salesperson for the business. 10
Maximum penalty-- 11
(a) for an individual guilty under chapter 2 of the Criminal Code of 12
an offence or for section 59156--200 penalty units; or 13
(b) for a corporation--1 000 penalty units. 14
HAPTER 6--PASTORAL HOUSES 15
C
ART 1--PASTORAL HOUSE'S AUTHORISATION 16
P
AND RESPONSIBILITIES 17
Division 1--Pastoral house licences 18
a pastoral house licence authorises 19
What
165.(1) A pastoral house licence authorises the holder of the licence 20
("pastoral house") to perform the following activities as an agent for 21
others for reward-- 22
56 Section 591 (Executive officers must ensure corporation complies with Act)
s 166 133 s 167
Property Agents and Motor Dealers
(a) the activities of a real estate agent restricted to the sale of rural land 1
and livestock; 2
(b) the activities of an auctioneer restricted to-- 3
(i) auctioning rural land, livestock and wool; and 4
(ii) conducting not more than 4 auctions each year of land, that is 5
not rural land, for each place of business of the pastoral 6
house in each year; and 7
(iii) auctioning plant, machinery, furniture and other items 8
situated on rural land. 9
(2) A pastoral house may perform the activities in the carrying on of a 10
business alone or with another pastoral house, real estate agent or 11
auctioneer. 12
(3) However, if the pastoral house is carrying on business with a real 13
estate agent or auctioneer, chapter 1257 applies to a transaction entered into 14
for the business as if the transaction had been entered into by a real estate 15
agent or auctioneer acting alone. 16
a pastoral house director's licence authorises 17
What
166.(1) A pastoral house director's licence authorises the holder of the 18
licence ("pastoral house director") to act for a pastoral house in its 19
performance of the activities of a real estate agent restricted to the sale of 20
rural land and livestock. 21
(2) The chief executive must, by condition of the licence, limit the 22
performance of the pastoral house director's activities to a stated pastoral 23
house. 24
a pastoral house manager's licence authorises 25
What
167.(1) A pastoral house manager's licence authorises the holder of the 26
licence ("pastoral house manager")-- 27
(a) to manage a pastoral house's business at a place, other than its 28
principal place of business; 29
57 Chapter 12 (Accounts and funds)
s 168 134 s 169
Property Agents and Motor Dealers
(b) to act for a pastoral house in its performance of the activities of a 1
real estate agent restricted to the sale of rural land and livestock. 2
(2) The chief executive must, by condition of the licence, limit the 3
pastoral house manager's activities to a stated pastoral house. 4
a pastoral house auctioneer's licence authorises 5
What
168.(1) A pastoral house auctioneer's licence authorises the holder of the 6
licence ("pastoral house auctioneer") to act for a pastoral house in its 7
performance of the activities of an auctioneer for a pastoral house. 8
(2) The chief executive must, by condition of the licence, limit the 9
pastoral house auctioneer's activities to a stated pastoral house. 10
2--Responsibility of persons in charge of a licensee's business 11
Division
for salespersons 12
for acts and omissions of pastoral house salespersons 13
Responsibility
169.(1) A pastoral house must take reasonable steps to ensure each 14
pastoral house salesperson employed by the pastoral house is properly 15
supervised, acts only within the scope of the salesperson's employment 16
authority under section 170 and complies with this Act. 17
(2) A pastoral house manager in charge of a pastoral house's business at 18
a place must take reasonable steps to ensure each pastoral house salesperson 19
employed at the place is properly supervised, acts only within the scope of 20
the salesperson's employment authority under section 170 and complies 21
with this Act. 22
(3) A pastoral house or pastoral house manager who fails to comply with 23
subsection (1) or (2) is liable to disciplinary action under chapter 14, 24
part 3.58 25
58 Chapter 14 (Claims against the fund and other proceedings), part 3 (Disciplinary
proceedings)
s 170 135 s 172
Property Agents and Motor Dealers
house must give salespersons employment authority 1
Pastoral
170. Immediately after a pastoral house starts to employ a pastoral house 2
salesperson, the pastoral house must give the salesperson a statement 3
("employment authority") clearly specifying the activities of a pastoral 4
house the pastoral house authorises the salesperson to perform for the 5
pastoral house during the salesperson's employment by the pastoral house. 6
Maximum penalty--200 penalty units. 7
PART 2--CONDUCT PROVISIONS 8
1--Carrying on business 9
Division
on of business under pastoral house licence 10
Carrying
171. A pastoral house must not carry on the business of a pastoral house 11
with another person unless the person is-- 12
(a) another pastoral house; or 13
(b) a real estate agent; or 14
(c) an auctioneer. 15
Maximum penalty-- 16
(a) for an individual guilty under chapter 2 of the Criminal Code of 17
an offence or for section 59159--200 penalty units; or 18
(b) for a pastoral house--1 000 penalty units. 19
to be in charge of pastoral house's business at a place 20
Licensee
172.(1) A pastoral house must ensure that-- 21
59 Section 591 (Executive officers must ensure corporation complies with Act)
s 173 136 s 173
Property Agents and Motor Dealers
(a) the individual in charge of the pastoral house's business at the 1
pastoral house's registered office60 is a pastoral house director; 2
and 3
(b) if the pastoral house has more than 1 place of business, at each 4
other place of business an individual who is a pastoral house 5
director, pastoral house manager or real estate agent is in charge 6
of the pastoral house's business at the place. 7
Maximum penalty-- 8
(a) for an individual guilty under chapter 2 of the Criminal Code of 9
an offence or for section 59161--200 penalty units; or 10
(b) for a pastoral house--1 000 penalty units. 11
(2) An individual must not be in charge of a pastoral house's business at 12
more than 1 place. 13
Maximum penalty--200 penalty units. 14
Division 2--Appointment 15
of pastoral house--general 16
Appointment
173.(1) A pastoral house that is asked by a person ("client") to perform 17
an activity ("service") for the client must not act for the client unless the 18
client first appoints the pastoral house in writing under this section. 19
Maximum penalty-- 20
(a) for an individual guilty under chapter 2 of the Criminal Code of 21
an offence or for section 59162--200 penalty units; or 22
(b) for a pastoral house--1 000 penalty units. 23
(2) The appointment may be for the performance of-- 24
(a) a particular service ("single appointment"); or 25
60 See section 192(1) (Registered offices).
61 Section 591 (Executive officers must ensure corporation complies with Act)
62 Section 591 (Executive officers must ensure corporation complies with Act)
s 173 137 s 173
Property Agents and Motor Dealers
(b) a number of services over a period ("continuing 1
appointment"). 2
(3) The appointment must, for each service-- 3
(a) state the service to be performed by the pastoral house and how it 4
is to be performed; and 5
(b) state, in the way prescribed under a regulation, that fees, charges 6
and commission payable for the service are negotiable up to any 7
amount that may be prescribed under a regulation; and 8
(c) state-- 9
(i) the fees, charges and any commission payable for the 10
service; and 11
(ii) the expenses, including advertising and travelling expenses, 12
the pastoral house is authorised to incur in connection with 13
the performance of each service or category of service; and 14
(iii) the source and the estimated amount or value of any rebate, 15
discount, commission or benefit that the pastoral house may 16
receive in relation to any expenses the pastoral house is 17
authorised to incur in connection with the performance of the 18
service; and 19
(iv) any condition, limitation or restriction on the performance of 20
the service; and 21
(d) state when the fees, charges and any commission for the service 22
become payable; and 23
(e) if the service to be performed is the sale of property and 24
commission is payable in relation to the service and expressed as 25
a percentage of an estimated sale price, state that the commission 26
is worked out only on the actual sale price; and 27
(f) if the appointment is for a sole or exclusive agency, state the date 28
the appointment ends. 29
(4) A continuing appointment must state-- 30
(a) the date the appointment ends; and 31
s 174 138 s 175
Property Agents and Motor Dealers
(b) the appointment may be revoked on the giving of 90 days notice, 1
or some lesser period (not less than 30 days) agreed by the 2
parties. 3
(5) The notice revoking a continuing appointment must be by signed 4
writing given to the other party. 5
(6) The appointment must be signed and dated by the client and the 6
pastoral house or someone authorised or apparently authorised to sign for 7
the pastoral house. 8
(7) The pastoral house must give a copy of the signed appointment to the 9
client. 10
Maximum penalty-- 11
(a) for an individual guilty under chapter 2 of the Criminal Code of 12
an offence or for section 591--200 penalty units; or 13
(b) for a pastoral house--1 000 penalty units. 14
(8) If an appointment under this section authorises a sale by auction, an 15
appointment under section 21063 is not required. 16
(9) This section does not apply if the service to be performed is the sale 17
of livestock. 18
of appointment 19
Form
174.(1) The appointment must be in the approved form. 20
(2) The approved form must include a prominent statement that the client 21
should seek independent legal advice before signing the appointment. 22
(3) An appointment that does not comply with subsection (1) is 23
ineffective from the time it is made. 24
of pastoral house--sole and exclusive agencies 25
Appointment
175.(1) If the appointment is for a sole or exclusive agency for the sale of 26
land, before the appointment is signed, the pastoral house must give the 27
client a notice in the approved form stating-- 28
63 Section 210 (Appointment of auctioneer--general)
s 176 139 s 176
Property Agents and Motor Dealers
(a) the proposed term of the appointment; and 1
(b) the term is negotiable up to a maximum term of 60 days; and 2
(c) whether the appointment is under a sole agency or an exclusive 3
agency; and 4
(d) the difference between sole agency and exclusive agency;64 and 5
(e) the consequences for the client if the property is sold by someone 6
other than the pastoral house during the term of the sole or 7
exclusive agency. 8
Maximum penalty-- 9
(a) for an individual guilty under chapter 2 of the Criminal Code of 10
an offence or for section 59165--200 penalty units; or 11
(b) for a pastoral house--1 000 penalty units. 12
(2) The appointment may include provision that, at the end of the term of 13
a sole or exclusive agency, the appointment of the pastoral house continues 14
under an open listing66 that may be ended at any time by either party. 15
(3) The pastoral house's requirement to give the notice under this section 16
is in addition to the pastoral house's requirement to obtain an appointment 17
under section 173. 18
house may be reappointed 19
Pastoral
176.(1) A pastoral house may be reappointed for a sole or exclusive 20
agency for 1 or more further terms of not more than 60 days. 21
(2) The reappointment must not be made earlier than 14 days before the 22
term of the sole or exclusive agency ends. 23
64 See section 19 (Difference between "exclusive agency" and "sole agency").
65 Section 591 (Executive officers must ensure corporation complies with Act)
66 See section 16 (Meaning of "open listing").
s 177 140 s 178
Property Agents and Motor Dealers
Maximum penalty for subsection (2)-- 1
(a) for an individual guilty under chapter 2 of the Criminal Code of 2
an offence or for section 59167--200 penalty units; or 3
(b) for a pastoral house--1 000 penalty units. 4
of appointments 5
Avoidance
177.(1) The appointment of a pastoral house for a sole or exclusive 6
agency is ineffective from the time it is made if-- 7
(a) the notice mentioned in section 17568 is not given before the 8
appointment is signed; or 9
(b) the term of the appointment is more than 60 days. 10
(2) The reappointment of a pastoral house for a further term of sole or 11
exclusive agency is ineffective from the time it is made if it is made contrary 12
to section 176(2). 13
3--Recovery of reward or expense 14
Division
may be claimed only in relation to actual amounts 15
Commission
178.(1) This section applies to a pastoral house that performs, for the 16
payment of a commission, a service of selling property. 17
(2) The pastoral house must not claim commission worked out on an 18
amount more than the actual sale price of the property. 19
Maximum penalty-- 20
(a) for an individual guilty under chapter 2 of the Criminal Code of 21
an offence or for section 591--200 penalty units; or 22
(b) for a pastoral house--1 000 penalty units. 23
67 Section 591 (Executive officers must ensure corporation complies with Act)
68 Section 175 (Appointment of pastoral house--sole and exclusive agencies)
s 179 141 s 181
Property Agents and Motor Dealers
on recovery of reward or expense--no proper 1
Restriction
authorisation etc. 2
179. A person is not entitled to sue for, or recover or retain, a reward or 3
expense for the performance of an activity as a pastoral house unless, at the 4
time the activity was performed, the person-- 5
(a) held a pastoral house licence; and 6
(b) was authorised under the person's licence to perform the activity; 7
and 8
(c) had been properly appointed under division 2 69 by the person to 9
be charged with the reward or expense. 10
on recovery of reward or expense above amount allowed 11
Restriction
180.(1) A person is not entitled to sue for, or recover or retain, a reward 12
for the performance of an activity as a pastoral house that is more than the 13
the amount of the reward stated in the appointment given under 14
section 173.70 15
(2) However, if the reward for the performance of the activity is limited 16
under a regulation, the person is not entitled to sue for, or recover or retain, a 17
reward more than the amount allowed under the regulation. 18
(3) A person is not entitled to sue for, or recover or retain, expenses for 19
the performance of an activity as a pastoral house that are more than the 20
amount of the expenses stated in the appointment given under section 173 21
and actually expended. 22
(4) However, if the amount of expenses that may be incurred in relation 23
to the performance of the activity is limited under a regulation, the person is 24
not entitled to sue for, or recover or retain, an amount more than the amount 25
allowed under the regulation. 26
commission etc. to be repaid 27
Excess
181.(1) This section applies if-- 28
69 Division 2 (Appointment)
70 Section 173 (Appointment of pastoral house--general)
s 182 142 s 183
Property Agents and Motor Dealers
(a) a person is convicted of an offence against section 178(2);71 and 1
(b) the court before whom the person is convicted is satisfied on the 2
balance of probabilities the person, in connection with the offence, 3
has recovered or retained from someone ("client") for whom the 4
person performed an activity an amount to which the person was 5
not entitled. 6
(2) The court must order the person to pay the amount to the client. 7
(3) The order must be made whether or not any penalty is imposed on 8
the conviction. 9
(4) The client may file the order in a court having jurisdiction for the 10
recovery of a debt of an equal amount and the order may be enforced as a 11
judgment of that court. 12
Division 4--Interests in property 13
for div 4 14
Definition
182. In this division-- 15
"obtain" includes being in any way concerned in obtaining. 16
interest--options 17
Beneficial
183.(1) This section applies to property placed by a person ("client") 18
with a pastoral house for sale. 19
(2) The pastoral house commits an offence if the pastoral house obtains 20
from the client an option to purchase the property in which the pastoral 21
house has a beneficial interest. 22
Maximum penalty-- 23
(a) for an individual guilty under chapter 2 of the Criminal Code of 24
an offence or for section 591 72--200 penalty units or 3 years 25
imprisonment; or 26
71 Section 178 (Commission may be claimed only in relation to actual amounts)
72 Section 591 (Executive officers must ensure corporation complies with Act)
s 184 143 s 184
Property Agents and Motor Dealers
(b) for a pastoral house--1 000 penalty units. 1
(3) A pastoral house officer of the pastoral house commits an offence if 2
the officer obtains from the client an option to purchase the property in 3
which the officer has a beneficial interest. 4
Maximum penalty--200 penalty units or 3 years imprisonment. 5
(4) A pastoral house must not sell the property if the pastoral house 6
obtains a beneficial interest in an option to purchase the property. 7
Maximum penalty-- 8
(a) for an individual guilty under chapter 2 of the Criminal Code of 9
an offence or for section 591--200 penalty units or 3 years 10
imprisonment; or 11
(b) for a pastoral house--1 000 penalty units. 12
interest--other than options 13
Beneficial
184.(1) This section applies to property placed by a person ("client") 14
with a pastoral house for sale, but does not apply if section 183 applies. 15
(2) The pastoral house commits an offence if the pastoral house obtains a 16
beneficial interest in the property. 17
Maximum penalty-- 18
(a) for an individual guilty under chapter 2 of the Criminal Code of 19
an offence or for section 591 73--200 penalty units or 3 years 20
imprisonment; or 21
(b) for a pastoral house--1 000 penalty units. 22
(3) A pastoral house officer of the pastoral house commits an offence if 23
the officer obtains a beneficial interest in the property. 24
Maximum penalty--200 penalty units or 3 years imprisonment. 25
(4) A person does not contravene subsection (2) or (3) if-- 26
(a) the person-- 27
73 Section 591 (Executive officers must ensure corporation complies with Act)
s 185 144 s 187
Property Agents and Motor Dealers
(i) before a contract for the sale of the property is entered into, 1
obtains the client's written acknowledgment in the approved 2
form that the client-- 3
(A) is aware that the person is interested in obtaining a 4
beneficial interest in the property; and 5
(B) consents to the person obtaining the interest; and 6
(ii) acts fairly and honestly in relation to the sale; and 7
(b) no commission or other reward is payable in relation to the sale; 8
and 9
(c) the client is in substantially as good a position as the client would 10
be if the property were sold at fair market value. 11
of s 184 for particular livestock sales 12
Non-application
185. Section 184 does not apply in relation to livestock sales if the 13
pastoral house obtains the client's written acknowledgment that the client-- 14
(a) is aware that the pastoral house or pastoral house officer is 15
interested in obtaining a beneficial interest in the livestock; and 16
(b) consents to the pastoral house, pastoral house officer or associate 17
of the officer obtaining the interest. 18
5--Lands not lawfully useable for residential purposes 19
Division
for div 5 20
Definition
186. In this division-- 21
"vacant land" means land on which there are no structural improvements, 22
other than fencing. 23
of div 5 24
Application
187. This division applies to a sale or proposed sale of vacant land if-- 25
(a) the sale is by a pastoral house either as agent for another or as 26
principal; and 27
s 188 145 s 188
Property Agents and Motor Dealers
(b) the land is within-- 1
(i) the City of Brisbane area; or 2
(ii) a local government area or joint local government area under 3
the Local Government Act 1993; and 4
(c) the land can not, as at the day of sale, be lawfully used for 5
residential purposes. 6
to be given about vacant land 7
Notice
188.(1) The pastoral house must give to a proposed buyer a written 8
statement under this section. 9
Maximum penalty-- 10
(a) for an individual guilty under chapter 2 of the Criminal Code of 11
an offence or for section 591 74--200 penalty units or 2 years 12
imprisonment; or 13
(b) for a pastoral house--1 000 penalty units. 14
(2) The pastoral house must give the statement to the proposed buyer 15
before the buyer signs any contract for the sale. 16
Maximum penalty-- 17
(a) for an individual guilty under chapter 2 of the Criminal Code of 18
an offence or for section 591 75--200 penalty units or 2 years 19
imprisonment; or 20
(b) for a pastoral house--1 000 penalty units. 21
(3) The statement must include the following particulars-- 22
(a) the land, clearly identified (including by lot-on-plan, or similar, 23
description), to which the statement relates; 24
(b) the names and addresses of the seller of the land and the proposed 25
buyer; 26
74 Section 591 (Executive officers must ensure corporation complies with Act)
75 Section 591 (Executive officers must ensure corporation complies with Act)
s 189 146 s 189
Property Agents and Motor Dealers
(c) a clear statement that the use of the land for residential purposes is 1
unlawful; 2
(d) a clear statement that if the buyer erects on the land a place of 3
residence or otherwise uses the land for residential purposes 4
contrary to law-- 5
(i) the buyer may commit an offence; and 6
(ii) a named local government may be lawfully empowered to 7
demolish the place of residence or other residential structure; 8
(e) the date on which the statement is given. 9
(4) The statement must be signed and dated by someone authorised by 10
the pastoral house to sign the statement and the proposed buyer. 11
(5) The pastoral house must-- 12
(a) keep a copy of the signed statement at the place of business of the 13
pastoral house where dealings with the proposed buyer were 14
conducted; and 15
(b) make it available for immediate inspection by an inspector who 16
asks to see it. 17
Maximum penalty for subsection (5)-- 18
(a) for an individual guilty under chapter 2 of the Criminal Code of 19
an offence or for section 591--200 penalty units or 2 years 20
imprisonment; or 21
(b) for a pastoral house--1 000 penalty units. 22
rights if notice not given or materially defective 23
Buyer's
189.(1) A buyer of land, by written notice ("avoidance notice") given to 24
the seller or pastoral house, may avoid a contract for the sale of the land if-- 25
(a) the buyer has not been given the notice under section 188; or 26
(b) the notice has been given to the buyer, but the notice is defective 27
in a material way. 28
(2) The avoidance notice must be given to the seller or pastoral house 29
within 6 months after the day the buyer entered into the contract. 30
s 189 147 s 189
Property Agents and Motor Dealers
(3) If the contract is avoided by the buyer under subsection (1), the seller 1
and the pastoral house are liable at law to the buyer for all amounts paid by 2
the buyer-- 3
(a) under the contract; and 4
(b) for legal and other expenses in relation to the contract after the 5
contract was signed. 6
(4) A pastoral house that is liable at law under subsection (3) for the 7
repayment to the buyer of an amount paid by the buyer under the contract 8
must repay the amount within 14 days after becoming liable. 9
Maximum penalty-- 10
(a) for an individual guilty under chapter 2 of the Criminal Code of 11
an offence or for section 591--200 penalty units; or 12
(b) for a pastoral house--1 000 penalty units. 13
(5) The buyer may recover an amount mentioned in subsection (3) as a 14
debt. 15
(6) Judgment recovered against either person liable under subsection (3) 16
for an amount repayable under that subsection does not bar an action against 17
the other person. 18
(7) However, if separate actions are brought-- 19
(a) the amounts recoverable under the judgments given in the actions 20
must not be more, taken together, than the amount repayable to 21
the buyer; and 22
(b) in the later of the 2 actions, the plaintiff is not entitled to costs 23
unless the court decides there were reasonable grounds for 24
bringing the action. 25
(8) If the buyer avoids the contract under this section after the contract is 26
completed, the buyer must, after repayment of all amounts recoverable by 27
the buyer under subsection (3)-- 28
(a) sign the documents presented to the buyer necessary to convey 29
title to the land to the person lawfully entitled to the land or the 30
person's nominee; and 31
s 190 148 s 192
Property Agents and Motor Dealers
(b) deliver to the person lawfully entitled to the land or the person's 1
nominee any instrument of title in the buyer's possession or 2
under the buyer's control. 3
(9) The buyer-- 4
(a) is not liable for any costs associated with a conveyance under 5
subsection (8); and 6
(b) may recover from the seller and the pastoral house as a debt the 7
buyer's reasonable costs associated with the conveyance. 8
(10) The liability of the seller and the pastoral house under 9
subsections (3) and (9) is joint and several. 10
to punishment under s 188 or 189 additional to other 11
Liability
liabilities at law 12
190. Liability to punishment under section 188 or 189 is in addition to 13
other liabilities at law imposed under section 189. 14
Division 6--Code of conduct 15
of conduct 16
Code
191. A regulation may prescribe a code of conduct for pastoral houses 17
that may include the following-- 18
(a) setting conduct standards for pastoral houses, employed licensees 19
and pastoral house officers; 20
(b) establishing principles for fair trading; 21
(c) providing for a system of complaint resolution. 22
about conduct 23
Complaints
192.(1) A person aggrieved by the conduct of a pastoral house or pastoral 24
house officer may complain in writing to the chief executive about the 25
conduct. 26
s 193 149 s 193
Property Agents and Motor Dealers
(2) The chief executive may investigate the complaint and, if satisfied that 1
the code of conduct has been breached, take the action in relation to the 2
conduct allowed under this Act. 3
4
Note--
5
Breach of a code of conduct is a ground for starting disciplinary proceedings under
6
section 496 (Grounds for starting disciplinary proceedings).
(3) The investigation may take place and action may be taken against a 7
person who was a pastoral house officer even though the person is no 8
longer a pastoral house officer. 9
ART 3--GENERAL 10
P
offices 11
Registered
193.(1) A pastoral house's "registered office" is-- 12
(a) the place the pastoral house specifies in its application for a 13
pastoral house licence as its principal place of business; or 14
(b) another place notified to the chief executive by the pastoral house 15
in the approved form as its principal place of business. 16
(2) A pastoral house director's "registered office" is-- 17
(a) the place the pastoral house director specifies in the director's 18
application for a pastoral house director's licence as the director's 19
business address; or 20
(b) another place notified to the chief executive by the pastoral house 21
director in the approved form as the director's business address. 22
(3) A pastoral house manager's "registered office" is-- 23
(a) the place the pastoral house manager specifies in the manager's 24
application for a pastoral house manager's licence as the 25
manager's business address; or 26
(b) another place notified to the chief executive by the pastoral house 27
manager in the approved form as the manager's business address. 28
s 194 150 s 194
Property Agents and Motor Dealers
(4) A pastoral house auctioneer's "registered office" is-- 1
(a) the place the pastoral house auctioneer specifies in the auctioneer's 2
application for a pastoral house auctioneer's licence as the 3
auctioneer's business address; or 4
(b) another place notified to the chief executive by the pastoral house 5
auctioneer in the approved form as the auctioneer's business 6
address. 7
house etc. must notify chief executive of particular changes 8
Pastoral
194.(1) A pastoral house must-- 9
(a) notify the chief executive in the approved form of any change in 10
the pastoral house's principal place of business within 14 days 11
after the change; and 12
(b) notify the chief executive in the approved form of the closure of 13
any place where the pastoral house carries on business within 14 14
days after the closure; and 15
(c) notify the chief executive in the approved form of the opening of 16
any place where the pastoral house carries on business within 14 17
days after the opening. 18
Maximum penalty-- 19
(a) for an individual guilty under chapter 2 of the Criminal Code of 20
an offence or for section 591--200 penalty units; or 21
(b) for a pastoral house--1 000 penalty units. 22
(2) A pastoral house director, manager or auctioneer must notify the chief 23
executive in the approved form of any change in the director's, manager's 24
or auctioneer's business address within 14 days after the change. 25
Maximum penalty--200 penalty units. 26
(3) A pastoral house must notify the chief executive in the approved form 27
of the name of a pastoral house director who stops being a director of the 28
pastoral house within 14 days after the person stops being a director. 29
s 195 151 s 195
Property Agents and Motor Dealers
Maximum penalty-- 1
(a) for an individual guilty under chapter 2 of the Criminal Code of 2
an offence or for section 591--200 penalty units; or 3
(b) for a pastoral house--1 000 penalty units. 4
(4) A pastoral house must notify the chief executive in the approved form 5
of the name of a pastoral house manager or auctioneer who stops being an 6
employee of the pastoral house within 14 days after the person stops being 7
an employee. 8
Maximum penalty-- 9
(a) for an individual guilty under chapter 2 of the Criminal Code of 10
an offence or for section 591--200 penalty units; or 11
(b) for a pastoral house--1 000 penalty units. 12
and publication of licensee's name 13
Display
195.(1) A pastoral house must display at each place the pastoral house 14
carries on business, in the way that may be prescribed under a regulation-- 15
(a) the pastoral house's name; and 16
(b) the name of the individual in charge of the pastoral house's 17
business at the place; and 18
(c) the other particulars that may be prescribed under a regulation. 19
Maximum penalty-- 20
(a) for an individual guilty under chapter 2 of the Criminal Code of 21
an offence or for section 59176--100 penalty units; or 22
(b) for a pastoral house--500 penalty units. 23
(2) A pastoral house must not publish in a newspaper or elsewhere an 24
advertisement for the pastoral house's business without stating in the 25
advertisement the particulars that may be prescribed under a regulation. 26
76 Section 591 (Executive officers must ensure corporation complies with Act)
s 196 152 s 196
Property Agents and Motor Dealers
Maximum penalty-- 1
(a) for an individual guilty under chapter 2 of the Criminal Code of 2
an offence or for section 591--100 penalty units; or 3
(b) for a pastoral house--500 penalty units. 4
house to keep employment register 5
Pastoral
196.(1) A pastoral house must keep a register ("employment register") 6
at each place where the pastoral house carries on business. 7
Maximum penalty-- 8
(a) for an individual guilty under chapter 2 of the Criminal Code of 9
an offence or for section 59177--200 penalty units; or 10
(b) for a pastoral house--1 000 penalty units. 11
(2) The pastoral house must enter, and keep entered, in the employment 12
register-- 13
(a) the name, and the other particulars that may be prescribed under a 14
regulation, of each person ("employee") who is employed as an 15
employed licensee or pastoral house salesperson at the place; and 16
(b) if the employee is a pastoral house salesperson, the activities the 17
salesperson is authorised to perform for the pastoral house during 18
the salesperson's employment by the pastoral house. 19
Maximum penalty-- 20
(a) for an individual guilty under chapter 2 of the Criminal Code of 21
an offence or for section 591--200 penalty units; or 22
(b) for a pastoral house--1 000 penalty units. 23
24
Note--
25
The pastoral house must give the salesperson a statement under
26
section 170 (Pastoral house must give salespersons employment
27
authority) clearly specifying the salesperson's activities.
(3) The pastoral house must-- 28
77 Section 591 (Executive officers must ensure corporation complies with Act)
s 197 153 s 197
Property Agents and Motor Dealers
(a) enter the particulars about each employee, and for each pastoral 1
house salesperson, the activities the salesperson is authorised to 2
perform, immediately after the employee is employed at the place; 3
and 4
(b) if there is a change in an employee's particulars or activities, 5
correct the entry in the way prescribed under a regulation 6
immediately after the change. 7
Maximum penalty-- 8
(a) for an individual guilty under chapter 2 of the Criminal Code of 9
an offence or for section 591--200 penalty units; or 10
(b) for a pastoral house--1 000 penalty units. 11
(4) The form of the register may be prescribed under a regulation. 12
PART 4--OFFENCES 13
as pastoral house 14
Acting
197.(1) A person must not, as an agent for someone else for reward, 15
perform an activity that may be done under the authority of a pastoral house 16
licence unless the person-- 17
(a) holds a pastoral house licence and the performance of the activity 18
is authorised under the person's licence; or 19
(b) is otherwise permitted under this or another Act to perform the 20
activity. 21
Maximum penalty--200 penalty units or 2 years imprisonment. 22
(2) A person must not act as a pastoral house unless-- 23
(a) the person holds a pastoral house licence and the act is done under 24
the authority of the person's licence; or 25
(b) the act is otherwise permitted under this or another Act. 26
Maximum penalty--200 penalty units or 2 years imprisonment. 27
s 198 154 s 199
Property Agents and Motor Dealers
(3) Without limiting the ways a person may act as a pastoral house, a 1
person "acts" as a pastoral house if the person-- 2
(a) performs an activity mentioned in section 165(1);78 or 3
(b) advertises, notifies or states that the person-- 4
(i) performs an activity mentioned in section 165(1); or 5
(ii) is willing to perform an activity mentioned in section 165(1); 6
or 7
(c) in any way holds out as being ready to perform an activity 8
mentioned in section 165(1). 9
as pastoral house director 10
Acting
198. A person must not, as an agent for someone else for reward, 11
perform an activity that may be done under the authority of a pastoral house 12
director's licence unless the person-- 13
(a) holds a pastoral house director's licence and the performance of 14
the activity is authorised under the person's licence; or 15
(b) is otherwise permitted under this or another Act to perform the 16
activity. 17
Maximum penalty--200 penalty units or 2 years imprisonment. 18
as pastoral house manager 19
Acting
199. A person must not, as an agent for someone else for reward, 20
perform an activity that may be done under the authority of a pastoral house 21
manager's licence unless the person-- 22
(a) holds a pastoral house manager's licence and the performance of 23
the activity is authorised under the person's licence; or 24
(b) is otherwise permitted under this or another Act to perform the 25
activity. 26
Maximum penalty--200 penalty units or 2 years imprisonment. 27
78 Section 165 (What a pastoral house licence authorises)
s 200 155 s 202
Property Agents and Motor Dealers
as pastoral house auctioneer 1
Acting
200. A person must not perform an activity that may be done under the 2
authority of a pastoral house auctioneer's licence unless the person-- 3
(a) holds a pastoral house auctioneer's licence and the performance of 4
the activity is authorised under the person's licence; or 5
(b) is otherwise permitted under this or another Act to perform the 6
activity. 7
Maximum penalty--200 penalty units or 2 years imprisonment. 8
to be pastoral house salesperson 9
Pretending
201. A person must not hold out that the person is a pastoral house 10
salesperson unless the person holds a registration certificate as a pastoral 11
house salesperson. 12
Maximum penalty--200 penalty units. 13
house must not act for more than 1 party 14
Pastoral
202.(1) A pastoral house must not act for more than 1 party to a 15
transaction. 16
Maximum penalty-- 17
(a) for an individual guilty under chapter 2 of the Criminal Code of 18
an offence or for section 59179--200 penalty units; or 19
(b) for a pastoral house--1 000 penalty units. 20
(2) If a pastoral house acts for more than 1 party to a transaction, an 21
appointment to act for a party to the transaction is ineffective from the time 22
it is made. 23
(3) A pastoral house does not contravene subsection (1) and 24
subsection (2) does not apply if the transaction is a livestock sale. 25
79 Section 591 (Executive officers must ensure corporation complies with Act)
s 203 156 s 204
Property Agents and Motor Dealers
of licence 1
Production
203.(1) A pastoral house officer must, if asked by a person with whom 2
the officer is dealing, produce the officer's licence for inspection by the 3
person. 4
Maximum penalty--100 penalty units. 5
(2) In this section-- 6
"pastoral house officer" does not include a pastoral house salesperson. 7
of persons in pastoral house business 8
Employment
204.(1) A pastoral house must not employ, as a pastoral house 9
salesperson, a person the pastoral house knows, or ought to know, does not 10
hold a registration certificate as a pastoral house salesperson. 11
Maximum penalty--200 penalty units. 12
(2) A pastoral house must not employ an executive officer of the pastoral 13
house as a pastoral house salesperson for the pastoral house. 14
Maximum penalty-- 15
(a) for an individual guilty under chapter 2 of the Criminal Code of 16
an offence or for section 59180--200 penalty units; or 17
(b) for a pastoral house--1 000 penalty units. 18
80 Section 591 (Executive officers must ensure corporation complies with Act)
s 205 157 s 205
Property Agents and Motor Dealers
CHAPTER 7--AUCTIONEERS 1
PART 1--AUCTIONEER'S AUTHORISATION AND 2
RESPONSIBILITIES 3
Division 1--What an auctioneer's licence authorises 4
an auctioneer's licence authorises 5
What
205.(1) An auctioneer's licence authorises the holder of the licence 6
("auctioneer") to perform the activity of selling or attempting to sell or 7
offering for sale or resale any property by way of auction. 8
(2) An auctioneer's licence also authorises the auctioneer to sell the 9
property by any means during the auction period. 10
(3) An auctioneer may perform the activity-- 11
(a) in the carrying on of a business, either alone or with others; or 12
(b) as an employee of-- 13
(i) an auctioneer; or 14
(ii) a real estate agent; or 15
(iii) a pastoral house; or 16
(iv) a motor dealer. 17
(4) In this section-- 18
"auction period", for an auctioneer for the sale of property, means a period 19
for which the auctioneer is appointed under section 210 or 21281 or 20
otherwise authorised or permitted under this or another Act to sell the 21
property. 22
81 Section 210 (Appointment of auctioneer--general) or 212 (Appointment of
auctioneer--sole and exclusive agencies)
s 206 158 s 208
Property Agents and Motor Dealers
Division 2--Responsibilities of auctioneers for trainee auctioneers 1
for acts and omissions of trainee auctioneers 2
Responsibility
206.(1) An auctioneer must take reasonable steps to ensure each trainee 3
auctioneer under the auctioneer's supervision and instruction is properly 4
supervised and instructed, acts only within the scope of the trainee's 5
employment authority under section 207 and complies with this Act. 6
(2) An auctioneer who fails to comply with subsection (1) is liable to 7
disciplinary action under chapter 14, part 3.82 8
must give trainee auctioneer employment authority 9
Auctioneer
207. Immediately after an auctioneer starts to supervise and instruct a 10
trainee auctioneer, the auctioneer supervising and instructing the trainee 11
must give the trainee a statement ("employment authority") clearly 12
specifying the activities of an auctioneer the trainee is authorised by the 13
auctioneer to perform for the auctioneer during the trainee's period of 14
training with the auctioneer. 15
Maximum penalty--200 penalty units. 16
PART 2--CONDUCT PROVISIONS 17
1--Carrying on business 18
Division
on of business under auctioneer's licence 19
Carrying
208. An individual who carries on the business of an auctioneer with 20
others is not required to hold an auctioneer's licence if-- 21
(a) at least 1 of the persons with whom the individual carries on 22
business is an auctioneer; and 23
82 Chapter 14 (Claims against the fund and other proceedings), part 3 (Disciplinary
proceedings)
s 209 159 s 209
Property Agents and Motor Dealers
(b) the individual does not perform the activity of an auctioneer; and 1
(c) the individual is a suitable person to hold a licence. 2
to be in charge of auctioneer's business at a place 3
Licensee
209.(1) An auctioneer who is an individual and a principal licensee 4
must-- 5
(a) be in charge of the auctioneer's business at the auctioneer's 6
registered office;83 and 7
(b) if the auctioneer has more than 1 place of business, ensure that at 8
each other place of business an individual who is an auctioneer is 9
in charge of the auctioneer's business at the place. 10
Maximum penalty--200 penalty units. 11
(2) An auctioneer that is a corporation and a principal licensee 12
("corporate auctioneer") must ensure that-- 13
(a) the individual in charge of the corporate auctioneer's business at 14
its registered office is an auctioneer; and 15
(b) if the corporate auctioneer has more than 1 place of business, at 16
each other place of business an individual who is an auctioneer is 17
in charge of the corporate auctioneer's business at the place. 18
Maximum penalty-- 19
(a) for an individual guilty under chapter 2 of the Criminal Code of 20
an offence or for section 59184--200 penalty units; or 21
(b) for a corporation--1 000 penalty units. 22
(3) An individual must not be in charge of an auctioneer's business at 23
more than 1 place of business. 24
Maximum penalty--200 penalty units. 25
83 See section 250 (Registered office).
84 Section 591 (Executive officers must ensure corporation complies with Act)
s 210 160 s 210
Property Agents and Motor Dealers
Division 2--Appointment 1
of auctioneer--general 2
Appointment
210.(1) An auctioneer who is asked by a person ("client") to perform an 3
activity ("service") for the client must not act for the client unless the client 4
first appoints the auctioneer in writing under this section. 5
Maximum penalty--200 penalty units. 6
(2) The appointment may be for the performance of-- 7
(a) a particular service ("single appointment"); or 8
(b) a number of services over a period ("continuing 9
appointment"). 10
(3) The appointment must, for each service-- 11
(a) state the service to be performed by the auctioneer and how it is to 12
be performed; and 13
(b) state the day set for the auction; and 14
(c) state, in the way prescribed under a regulation, that fees, charges 15
and commission payable for the service are negotiable up to any 16
amount that may be prescribed under a regulation; and 17
(d) state-- 18
(i) the fees, charges and any commission payable for the 19
service; and 20
(ii) the expenses, including advertising, marketing and travelling 21
expenses, the auctioneer is authorised to incur in connection 22
with the performance of each service or category of service; 23
and 24
(iii) the source and the estimated amount or value of any rebate, 25
discount, commission or benefit that the auctioneer may 26
receive in relation to any expenses the auctioneer is 27
authorised to incur in connection with the performance of the 28
service; and 29
(iv) any condition, limitation or restriction on the performance of 30
the service; and 31
s 211 161 s 212
Property Agents and Motor Dealers
(e) state when the fees, charges and any commission for the service 1
become payable; and 2
(f) if the service to be performed is the sale of property and 3
commission is payable in relation to the service and expressed as 4
a percentage of an estimated sale price, state that the commission 5
is worked out only on the actual sale price; and 6
(g) if the appointment is for a sole or exclusive agency, state the date 7
the appointment ends. 8
(4) A continuing appointment must state-- 9
(a) the date the appointment ends; and 10
(b) the appointment may be revoked on the giving of 90 days notice, 11
or some lesser period (not less than 30 days) agreed by the 12
parties. 13
(5) The notice revoking a continuing appointment must be by signed 14
writing given to the other party. 15
(6) The appointment must be signed and dated by the client and the 16
auctioneer or someone authorised or apparently authorised to sign for the 17
auctioneer. 18
(7) The auctioneer must give a copy of the signed appointment to the 19
client. 20
Maximum penalty for subsection (7)--200 penalty units. 21
of appointment 22
Form
211.(1) The appointment must be in the approved form. 23
(2) The approved form must include a prominent statement that the client 24
should seek independent legal advice before signing the appointment. 25
(3) An appointment that does not comply with subsection (1) is 26
ineffective from the time it is made. 27
of auctioneer--sole and exclusive agencies 28
Appointment
212.(1) If the appointment is for a sole or exclusive agency, before the 29
appointment is signed, the auctioneer must give the client a notice in the 30
s 213 162 s 214
Property Agents and Motor Dealers
approved form stating the following-- 1
(a) the proposed term of the appointment; 2
(b) the term is negotiable up to a maximum term of 60 days; 3
(c) whether the appointment is under a sole agency or an exclusive 4
agency; 5
(d) the difference between sole agency and exclusive agency;85 6
(e) the consequences for the client if the property is sold by someone 7
other than the auctioneer during the term of the sole or exclusive 8
agency. 9
Maximum penalty--200 penalty units. 10
(2) The auctioneer's requirement to give the notice under this section is in 11
addition to the auctioneer's requirement to obtain an appointment under 12
section 210. 13
may be reappointed 14
Auctioneers
213.(1) An auctioneer may be reappointed for a sole or exclusive agency 15
for 1 or more further terms of not more than 60 days. 16
(2) The reappointment must not be made earlier than 14 days before the 17
initial term of the sole or exclusive agency ends. 18
Maximum penalty for subsection (2)--200 penalty units. 19
of appointments 20
Avoidance
214.(1) The appointment of an auctioneer for a sole or exclusive agency 21
is ineffective from the time it is made if-- 22
(a) the notice mentioned in section 21286 is not given before the 23
appointment is signed; or 24
(b) the term of the appointment is more than 60 days. 25
85 See section 19 (Difference between "exclusive agency" and "sole agency").
86 Section 212 (Appointment of auctioneer--sole and exclusive agencies)
s 215 163 s 215
Property Agents and Motor Dealers
(2) The appointment of an auctioneer for a further term of sole or 1
exclusive agency is ineffective from the time it is made if it is made contrary 2
to section 213(2). 3
Division 3--Chattel auctions 4
premium 5
Buyer's
215.(1) This section applies to an auction of chattels. 6
(2) An auctioneer must not charge the buyer of a chattel a buyer's 7
premium unless-- 8
(a) the auctioneer-- 9
(i) before the auction, obtains the written consent of the owner 10
of the chattel; and 11
(ii) discloses, in the way prescribed under a regulation, that a 12
buyer's premium is payable on the purchase of the chattel; 13
and 14
(b) the premium is not more than the amount prescribed or worked 15
out under a regulation. 16
Maximum penalty--200 penalty units. 17
(3) The auctioneer does not act for the buyer of the chattel only because 18
the auctioneer accepts a buyer's premium from the buyer. 19
(4) In this section-- 20
"buyer's premium" means an amount, not more than an amount 21
prescribed or worked out under a regulation, payable to the auctioneer 22
by a buyer on the purchase of a chattel. 23
"chattel" does not include a leasehold interest in land. 24
"owner", of a chattel, includes a person who is lawfully entitled to sell the 25
chattel. 26
s 216 164 s 218
Property Agents and Motor Dealers
4--Recovery of reward or expense 1
Division
may be claimed only in relation to actual amounts 2
Commission
216.(1) This section applies to an auctioneer who performs, for the 3
payment of a commission, a service of selling property. 4
(2) The auctioneer must not claim commission worked out on an amount 5
more than the actual sale price of the property. 6
Maximum penalty--200 penalty units. 7
on recovery of reward or expense--no proper 8
Restriction
authorisation etc. 9
217. A person is not entitled to sue for, or recover or retain, a reward or 10
expense for the performance of an activity as an auctioneer unless, at the 11
time the activity was performed, the person-- 12
(a) held an auctioneer's licence; and 13
(b) was authorised under the person's licence to perform the activity; 14
and 15
(c) had been properly appointed under division 2 87 by the person to 16
be charged with the reward or expense. 17
on recovery of reward or expense above amount allowed 18
Restriction
218.(1) A person is not entitled to sue for, or recover or retain, a reward 19
for the performance of an activity as an auctioneer that is more than the 20
amount of the reward stated in the appointment given under section 210.88 21
(2) However, if the reward for the performance of the activity is limited 22
under a regulation, the person is not entitled to sue for, or recover or retain, a 23
reward more than the amount allowed under the regulation. 24
87 Division 2 (Appointment)
88 Section 210 (Appointment of auctioneer--general)
s 219 165 s 220
Property Agents and Motor Dealers
(3) A person is not entitled to sue for, or recover or retain, expenses for 1
the performance of an activity as an auctioneer that are more than the 2
amount of the expenses stated in the appointment given under section 210 3
and actually expended. 4
(4) However, if the amount of expenses that may be incurred in relation 5
to the performance of the activity is limited under a regulation, the person is 6
not entitled to sue for, or recover or retain, an amount more than the amount 7
allowed under the regulation. 8
commission etc. to be repaid 9
Excess
219.(1) This section applies if-- 10
(a) a person is convicted of an offence against section 216(2);89 and 11
(b) the court convicting the person is satisfied on the balance of 12
probabilities that the person, in connection with the offence, has 13
recovered or retained from someone ("client") for whom the 14
person performed an activity an amount to which the person was 15
not entitled. 16
(2) The court must order the person to pay the amount to the client. 17
(3) The order must be made whether or not any penalty is imposed on 18
the conviction. 19
(4) The client may file the order in a court having jurisdiction for the 20
recovery of a debt of an equal amount and the order may be enforced as if it 21
were a judgment of that court. 22
Division 5--Interests in property 23
for div 5 24
Definition
220. In this division-- 25
"obtain" includes being in any way concerned in obtaining. 26
89 Section 216 (Commission may be claimed only in relation to actual amounts)
s 221 166 s 222
Property Agents and Motor Dealers
interest--options 1
Beneficial
221.(1) This section applies to property placed by a person ("client") 2
with an auctioneer for sale. 3
(2) The auctioneer commits an offence if the auctioneer obtains from the 4
client an option to purchase the property in which the auctioneer has a 5
beneficial interest. 6
Maximum penalty--200 penalty units or 3 years imprisonment. 7
(3) A trainee auctioneer employed by the auctioneer or under the 8
supervision and instruction of the auctioneer commits an offence if the 9
trainee obtains from the client an option to purchase the property in which 10
the trainee has a beneficial interest. 11
Maximum penalty--200 penalty units or 3 years imprisonment. 12
(4) An auctioneer must not sell property if the auctioneer obtains a 13
beneficial interest in an option to purchase the property. 14
Maximum penalty--200 penalty units or 3 years imprisonment. 15
interest--other than options 16
Beneficial
222.(1) This section applies to property placed by a person ("client") 17
with an auctioneer for sale, but does not apply if section 221 applies. 18
(2) The auctioneer commits an offence if the auctioneer obtains a 19
beneficial interest in the property. 20
Maximum penalty--200 penalty units or 3 years imprisonment. 21
(3) A trainee auctioneer employed by the auctioneer or under the 22
supervision and instruction of the auctioneer commits an offence if the 23
trainee obtains a beneficial interest in the property. 24
Maximum penalty--200 penalty units or 3 years imprisonment. 25
(4) A person does not contravene subsection (2) or (3) if-- 26
(a) the person-- 27
(i) before the earlier of the auction of the property or a contract 28
for the sale of the property is entered into, obtains the client's 29
written acknowledgment in the approved form that the 30
client-- 31
s 223 167 s 224
Property Agents and Motor Dealers
(A) is aware that the person is interested in obtaining a 1
beneficial interest in the property; and 2
(B) consents to the person obtaining the interest; and 3
(ii) acts fairly and honestly in relation to the sale; and 4
(b) no commission or other reward is payable in relation to the sale; 5
and 6
(c) the client is in substantially as good a position as the client would 7
be if the property were sold for fair market value. 8
(5) If the auctioneer or trainee auctioneer has not obtained the 9
acknowledgment mentioned in subsection (4)(a)(i) and the auctioneer or 10
trainee knows, or ought to know, an associate of the auctioneer or trainee 11
intends bidding at the auction, the auctioneer or trainee must, immediately 12
before the auction-- 13
(a) identify the associate to those present at the auction; and 14
(b) announce to those present that the person is an associate of the 15
auctioneer or trainee and intends bidding at the auction. 16
(6) If the auctioneer or trainee auctioneer complies with subsection (5), 17
the auctioneer or trainee is taken to have satisfied subsection (4)(a)(i). 18
of s 222 for particular livestock sales 19
Non-application
223. Section 222 does not apply in relation to livestock sales if the 20
auctioneer obtains the client's written acknowledgment that the client-- 21
(a) is aware that the auctioneer or trainee auctioneer is interested in 22
obtaining a beneficial interest in the livestock; and 23
(b) consents to the auctioneer or trainee obtaining the interest. 24
6--Lands not lawfully useable for residential purposes 25
Division
for div 6 26
Definition
224. In this division-- 27
s 225 168 s 226
Property Agents and Motor Dealers
"vacant land" means land on which there are no structural improvements, 1
other than fencing. 2
of div 6 3
Application
225. This division applies to a sale or proposed sale of vacant land if-- 4
(a) the sale is by an auctioneer either as agent for another or as 5
principal; and 6
(b) the land is within-- 7
(i) the City of Brisbane area; or 8
(ii) a local government area or joint local government area under 9
the Local Government Act 1993; and 10
(c) the land can not, as at the day of sale, be lawfully used for 11
residential purposes. 12
to be given about vacant land 13
Notice
226.(1) The auctioneer must, immediately before the auction, announce 14
that the land can not, as at the day of auction, be lawfully used for residential 15
purposes. 16
Maximum penalty--200 penalty units or 2 years imprisonment. 17
(2) The auctioneer must give to a proposed buyer a written statement 18
under this section before the buyer signs any contract in relation to the sale. 19
Maximum penalty--200 penalty units or 2 years imprisonment. 20
(3) The statement must include the following particulars-- 21
(a) the land, clearly identified (including by lot-on-plan, or similar, 22
description), to which the statement relates; 23
(b) the names and addresses of the seller of the land and the proposed 24
buyer; 25
(c) a clear statement that the use of the land for residential purposes is 26
unlawful; 27
s 227 169 s 227
Property Agents and Motor Dealers
(d) a clear statement that if the buyer erects on the land a place of 1
residence or otherwise uses the land for residential purposes 2
contrary to law-- 3
(i) the buyer may commit an offence; and 4
(ii) a named local government may be lawfully empowered to 5
demolish the place of residence or other residential structure; 6
and 7
(e) the date on which the statement is given. 8
(4) The statement must be signed and dated by the auctioneer and the 9
proposed buyer. 10
(5) The auctioneer must-- 11
(a) keep a copy of the signed statement at the auctioneer's place of 12
business; and 13
(b) make it available for immediate inspection by an inspector who 14
asks to see it. 15
Maximum penalty for subsection (5)--200 penalty units or 2 years 16
imprisonment. 17
rights if notice not given or materially defective 18
Buyer's
227.(1) A buyer of land, by written notice ("avoidance notice") given to 19
the seller of the land or the auctioneer, may avoid a contract for the sale of 20
the land if-- 21
(a) the buyer has not been given the notice under section 226; or 22
(b) the notice has been given to the buyer, but the notice is defective 23
in a material way. 24
(2) The avoidance notice must be given to the seller or auctioneer within 25
6 months after the day the buyer entered into the contract. 26
(3) If the contract is avoided by the buyer under subsection (1), the seller 27
and the auctioneer are liable at law to the buyer for all amounts paid by the 28
buyer-- 29
(a) under the contract; and 30
s 227 170 s 227
Property Agents and Motor Dealers
(b) for legal and other expenses in relation to the contract after the 1
contract was signed. 2
(4) An auctioneer who is liable at law under subsection (3) for the 3
repayment to the buyer of an amount paid by the buyer under the contract 4
must repay the amount within 14 days after becoming liable. 5
Maximum penalty--200 penalty units. 6
(5) The buyer may recover an amount mentioned in subsection (3) as a 7
debt. 8
(6) Judgment recovered against either person liable under subsection (3) 9
for an amount repayable under that subsection does not bar an action against 10
the other person. 11
(7) However, if separate actions are brought-- 12
(a) the amounts recoverable under the judgments given in the actions 13
must not be more, taken together, than the amount repayable to 14
the buyer; and 15
(b) in the later of the 2 actions, the plaintiff is not entitled to costs 16
unless the court decides there were reasonable grounds for 17
bringing the action. 18
(8) If the buyer avoids the contract under this section after the contract is 19
completed, the buyer must, after repayment of all amounts recoverable by 20
the buyer under subsection (3)-- 21
(a) sign the documents presented to the buyer necessary to convey 22
title to the land to the person lawfully entitled to the land or the 23
person's nominee; and 24
(b) deliver to the person lawfully entitled to the land or the person's 25
nominee any instrument of title in the buyer's possession or 26
under the buyer's control. 27
(9) The buyer-- 28
(a) is not liable for any costs associated with a conveyance under 29
subsection (8); and 30
(b) may recover from the seller and the auctioneer as a debt the 31
buyer's reasonable costs associated with the conveyance. 32
s 228 171 s 229
Property Agents and Motor Dealers
(10) The liability of the seller and the auctioneer under subsections (3) 1
and (9) is joint and several. 2
to punishment under s 226 or 227 additional to other 3
Liability
liabilities at law 4
228. Liability to punishment under section 226 or 227 is in addition to 5
other liabilities at law imposed under section 227. 6
7--Sales of livestock 7
Division
of livestock 8
Sales
229.(1) This section applies to sales of livestock by an auctioneer. 9
(2) The auctioneer may pay over the proceeds from the sale to the person 10
("client") appointing the auctioneer to conduct the auction only if-- 11
(a) the auctioneer-- 12
(i) has known the client for at least 1 year; and 13
(ii) in the auctioneer's opinion, the client is a person of good 14
repute; and 15
(iii) has no reason to believe the client is not lawfully entitled to 16
sell the livestock; or 17
(b) the auctioneer receives a certificate for the client from a referee. 18
(3) A referee may give a certificate for the client only if the referee-- 19
(a) has known the client for at least 1 year; and 20
(b) in the referee's opinion, the client is a person of good repute; and 21
(c) has no reason to believe the client is not lawfully entitled to sell 22
the livestock. 23
(4) In this section-- 24
"referee" means a person the auctioneer has known for at least 1 year who, 25
in the auctioneer's opinion, is a person of good repute. 26
s 230 172 s 232
Property Agents and Motor Dealers
for auctioneer 1
Protection
230.(1) This section applies if a court finds, in relation to livestock sold 2
by an auctioneer, that the client was not lawfully entitled to sell the livestock. 3
(2) An auctioneer who, acting in good faith and without negligence, 4
complies with section 229 is not liable to the owner of the livestock only 5
because the auctioneer took possession or gave delivery of the livestock. 6
Division 8--Code of conduct 7
of conduct 8
Code
231. A regulation may prescribe a code of conduct about auctioneering 9
practice that may include the following-- 10
(a) setting conduct standards for auctioneers, employed licensees and 11
trainee auctioneers; 12
(b) establishing principles for fair trading; 13
(c) providing for a system of complaint resolution. 14
about conduct 15
Complaints
232.(1) A person aggrieved by the conduct of an auctioneer or trainee 16
auctioneer may complain in writing to the chief executive about the conduct. 17
(2) The chief executive may investigate the complaint and, if satisfied that 18
the code of conduct has been breached, take the action in relation to the 19
conduct allowed under this Act. 20
21
Note--
22
Breach of a code of conduct is a ground for starting disciplinary proceedings under
23
section 496 (Grounds for starting disciplinary proceedings).
(3) The investigation may take place and action may be taken against a 24
person who was an auctioneer or trainee auctioneer even though the person 25
is no longer an auctioneer or trainee auctioneer. 26
s 233 173 s 233
Property Agents and Motor Dealers
PART 3--GUARANTEE OF TITLE FOR MOTOR 1
VEHICLES 2
of title for motor vehicles 3
Guarantee
233.(1) This section applies if a used motor vehicle is to be sold by an 4
auctioneer ("selling agent") at auction to someone else ("buyer"). 5
(2) The following person must ensure the buyer gains clear title to the 6
motor vehicle at the time property in the vehicle passes to the buyer-- 7
(a) if the selling agent owns the vehicle or is auctioning the vehicle 8
for someone other than a motor dealer or another auctioneer--the 9
selling agent; 10
(b) if the selling agent is auctioning the vehicle for a motor dealer or 11
another auctioneer--the motor dealer or other auctioneer for 12
whom the selling agent is auctioning the vehicle. 13
Maximum penalty--200 penalty units. 14
(3) In a proceeding for an offence against subsection (2), it is a defence 15
for the defendant to prove that the defendant took all reasonable steps to 16
ensure subsection (2) was complied with. 17
(4) The selling agent must, immediately after property in the vehicle 18
passes to the buyer, give the buyer an approved form stating-- 19
(a) particulars about the vehicle, including its odometer reading at the 20
time property passes; and 21
(b) the responsible licensee guarantees the buyer gains clear title to the 22
vehicle at the time property passes; and 23
(c) any other particulars that may be prescribed under a regulation. 24
Maximum penalty--200 penalty units. 25
(5) The selling agent must, within 48 hours after property in the vehicle 26
passes to the buyer, give the buyer a security interest certificate for the 27
vehicle issued after property in the vehicle passes. 28
Maximum penalty--200 penalty units. 29
(6) If the security interest certificate for the vehicle shows that a security 30
interest is registered for the vehicle-- 31
s 233 174 s 233
Property Agents and Motor Dealers
(a) the sale is ineffective from the time it is made; and 1
(b) the responsible licensee must do everything in the licensee's 2
power to return the buyer to the position the buyer was in before 3
the vehicle was purchased including, for example, by paying to 4
the buyer-- 5
(i) the amount the buyer paid for the vehicle; and 6
(ii) any amount the buyer paid for vehicle inspection, 7
auctioneer's charges or stamp duty. 8
(7) An amount payable to the buyer under subsection (6)(b) may be 9
recovered as a debt. 10
(8) The selling agent must ask the buyer to sign an approved form 11
acknowledging receipt of the documents mentioned in subsection (4) 12
and (5). 13
(9) The selling agent must-- 14
(a) give the original of the form mentioned in subsection (4) to the 15
buyer; and 16
(b) keep a copy of the form; and 17
(c) make the copy available for immediate inspection by an inspector 18
who asks to see it. 19
Maximum penalty--200 penalty units. 20
(10) The selling agent may charge the buyer an amount for the provision 21
of the security interest certificate not greater than the amount prescribed 22
under a regulation. 23
(11) A selling agent who charges a buyer an amount for providing the 24
security interest certificate that is more than the amount prescribed commits 25
an offence. 26
Maximum penalty--200 penalty units. 27
(12) A proceeding against an auctioneer or motor dealer for an offence 28
against this section does not affect any civil liability of any person, including 29
the auctioneer or dealer, arising out of the same facts that constitute the 30
offence. 31
s 234 175 s 236
Property Agents and Motor Dealers
(13) In this section-- 1
"responsible licensee" means the licensee who, under subsection (2), must 2
ensure that the buyer of a motor vehicle gains clear title to the vehicle. 3
PART 4--STATUTORY WARRANTY 4
for pt 4 5
Definitions
234. In this part-- 6
"auctioneer" includes a person performing the activities of an auctioneer 7
without a licence. 8
"defect" see section 235. 9
"defect notice" see section 244(1). 10
"repair period" see section 247(2). 11
"statutory warranty" means the warranty under section 242. 12
"warrantor", of a warranted vehicle, see section 240. 13
"warranty advice" see section 246(2). 14
"warranty period" see section 236. 15
of "defect" 16
Meaning
235. A warranted vehicle has a "defect" for this part if-- 17
(a) a part of the vehicle does not perform its intended function; or 18
(b) a part of the vehicle has deteriorated to an extent where it can not 19
be reasonably relied on to perform its intended function. 20
of "warranty period" 21
Meaning
236.(1) The "warranty period" of a warranted vehicle starts on the day 22
the vehicle is sold and ends-- 23
(a) for a class A warranted vehicle-- 24
s 237 176 s 237
Property Agents and Motor Dealers
(i) at 5 p.m. on the first day, other than a Sunday or public 1
holiday, 3 months after the day the vehicle is sold when the 2
place of business of the warrantor of the vehicle is open for 3
business; or 4
(ii) at the time the vehicle travels 5 000 km after it is sold; 5
whichever happens first; or 6
(b) for a class B warranted vehicle-- 7
(i) at 5 p.m. on the first day, other than a Sunday or public 8
holiday, 1 month after the day the vehicle is sold when the 9
place of business of the warrantor of the vehicle is open for 10
business; or 11
(ii) at the time the vehicle travels 1 000 km after it is sold; 12
whichever happens first. 13
(2) The period mentioned in subsection (1)(a) or (b) is extended by 1 day 14
for each day or part of a day a warranted vehicle is not in the possession of 15
the buyer of the vehicle if-- 16
(a) the buyer of the vehicle has complied with section 244(1);90 and 17
(b) a defect in the vehicle is being repaired by, or at the direction of, 18
the warrantor of the vehicle under the statutory warranty. 19
(3) For this section, a warranted vehicle is "sold" when property in the 20
vehicle passes from the seller of the vehicle to the buyer of the vehicle. 21
of pt 4 22
Application
237.(1) This part applies to each warranted vehicle sold by an auctioneer 23
as owner of the vehicle or on consignment for another auctioneer or a motor 24
dealer. 25
(2) This part does not apply to the sale of a motor vehicle by the 26
auctioneer-- 27
(a) to another auctioneer or a motor dealer; or 28
90 Section 244 (Buyer's obligations under statutory warranty)
s 238 177 s 240
Property Agents and Motor Dealers
(b) on consignment for a person who is not an auctioneer or motor 1
dealer. 2
vehicles without statutory warranty to be identified when 3
Particular
offered for sale 4
238. An unwarranted vehicle may be advertised or displayed for sale 5
only if it is advertised or displayed for sale, in the way provided under a 6
regulation, as a vehicle that does not have a statutory warranty. 7
Maximum penalty--100 penalty units. 8
before auction 9
Announcements
239.(1) An auctioneer must announce, immediately before the auction of 10
any unwarranted vehicle, that the vehicle does not have a statutory warranty. 11
Maximum penalty--100 penalty units. 12
(2) An auctioneer must announce, immediately before the auction of any 13
motor vehicle, that the sale of the vehicle is not subject to a cooling-off 14
period. 15
Maximum penalty--100 penalty units. 16
17
Warrantor
240.(1) For this part, the "warrantor" of a warranted vehicle is the 18
auctioneer or motor dealer who owns the vehicle immediately before it is 19
sold. 20
21
Examples--
22
1. A, an auctioneer, sells a warranted vehicle owned by A at auction. A is the
23
warrantor of the vehicle.
24
2. A, an auctioneer, sells a warranted vehicle owned by D, a motor dealer, at
25
auction. D is the warrantor of the vehicle.
(2) For this section, a warranted vehicle is "sold" when property in the 26
vehicle passes from the seller of the vehicle to the buyer of the vehicle. 27
s 241 178 s 243
Property Agents and Motor Dealers
to be given notice about statutory warranty 1
Buyer
241.(1) An auctioneer must, immediately after the sale of a warranted 2
vehicle, give the buyer of the vehicle a notice in the approved form stating-- 3
(a) the name, business address and hours of business of the 4
warrantor of the vehicle; and 5
(b) the length of the warranty period for the vehicle; and 6
(c) the defects to which the statutory warranty does not apply. 7
Maximum penalty--100 penalty units. 8
(2) An auctioneer must, immediately after the sale of an unwarranted 9
vehicle, give the buyer of the vehicle notice in the approved form that the 10
vehicle does not have a statutory warranty. 11
Maximum penalty--100 penalty units. 12
(3) The buyer must acknowledge receipt of a notice given under 13
subsection (1) or (2) by signing a copy of it. 14
(4) For this section, a warranted vehicle is "sold" when property in the 15
vehicle passes from the seller of the vehicle to the buyer of the vehicle. 16
warranty 17
Statutory
242.(1) The warrantor of a warranted vehicle warrants that-- 18
(a) the vehicle is free from defects at the time of sale and for the 19
warranty period; and 20
(b) defects in the vehicle reported during the warranty period will be 21
repaired by the warrantor free of charge. 22
(2) In this section-- 23
"defects" does not include defects not covered by the statutory warranty. 24
not covered by statutory warranty 25
Defects
243. The following defects in a warranted vehicle are not covered by the 26
statutory warranty-- 27
(a) a defect in-- 28
s 244 179 s 244
Property Agents and Motor Dealers
(i) a tyre; or 1
(ii) a battery; or 2
(iii) a light; or 3
(iv) a radiator hose; or 4
(v) a vehicle accessory prescribed under a regulation; or 5
(vi) something else prescribed under a regulation; 6
(b) a defect in the vehicle's paintwork or upholstery that should have 7
been apparent on any reasonable inspection of the vehicle before 8
the buyer took delivery; 9
(c) a defect after the buyer takes delivery-- 10
(i) arising from or incidental to any accidental damage to the 11
vehicle; or 12
(ii) arising from the buyer's misuse or negligence; or 13
(iii) in an accessory to the vehicle not fitted to the vehicle when 14
sold to the buyer. 15
obligations under statutory warranty 16
Buyer's
244.(1) If the buyer of a warranted vehicle believes the vehicle has a 17
defect the warrantor of the vehicle is obliged to repair under this part, the 18
buyer must-- 19
(a) give the warrantor written notice of the defect ("defect notice") 20
before the end of the warranty period; and 21
(b) deliver the warranted vehicle-- 22
(i) to the warrantor to repair the defect; or 23
(ii) to someone else nominated by the warrantor by signed 24
writing given to the buyer to repair the defect. 25
(2) The buyer is taken to deliver the vehicle and the warrantor is taken to 26
have possession of the vehicle if the buyer makes reasonable efforts to 27
deliver the vehicle under this section but is unable to do so because the 28
warrantor, or the person nominated by the warrantor, refuses to accept 29
delivery of the vehicle. 30
s 245 180 s 247
Property Agents and Motor Dealers
(3) The place of delivery under subsection (1)(b)(ii) must not be more 1
than 20 km from the warrantor's place of business, unless the warrantor 2
and the buyer otherwise agree. 3
(4) In this section-- 4
"warrantor" includes someone apparently working for the warrantor at the 5
warrantor's place of business. 6
to record particulars of extension of warranty period 7
Warrantor
245. The warrantor must keep a record, in the way prescribed under a 8
regulation, of the day the warranted vehicle is delivered under 9
section 244(1)(b) and the day the vehicle is returned to the buyer. 10
Maximum penalty--100 penalty units. 11
to advise whether defect covered by statutory warranty 12
Warrantor
246.(1) This section applies if a defect notice is given, and the vehicle is 13
delivered, under section 244. 14
(2) The warrantor must advise the buyer in writing ("warranty advice") 15
whether the warrantor accepts or refuses to accept that the defect is covered 16
by the statutory warranty. 17
(3) If the warrantor fails to give the warranty advice within 5 business 18
days after receiving the defect notice and delivery of the vehicle, the 19
warrantor is taken to have given a warranty advice accepting that the defect 20
is covered by the statutory warranty. 21
(4) In this section-- 22
"business day", in relation to the giving of a warranty advice by a 23
warrantor, means a day, other than Sunday or a public holiday, when 24
the warrantor's place of business is open for business. 25
obligation to repair defects 26
Warrantor's
247.(1) If the warrantor accepts that the defect is covered by the statutory 27
warranty, the warrantor must repair the defect at the warrantor's expense. 28
s 248 181 s 248
Property Agents and Motor Dealers
(2) The warrantor must ensure that the defect is repaired within 14 days 1
after the warrantor accepts that the defect is covered by the statutory 2
warranty (the "repair period"), unless the warrantor has a reasonable 3
excuse. 4
Maximum penalty--200 penalty units. 5
(3) If the warrantor nominates someone else to repair the vehicle, the 6
warrantor must advise the buyer of the other person's name and the address 7
where the defect is to be repaired. 8
(4) The warrantor is taken to have repaired the defect if the part of the 9
vehicle affected by the defect is repaired so that it can be reasonably relied 10
on to perform its intended function. 11
(5) The warrantor's obligation to repair the defect under this section 12
continues even though the warrantor is no longer performing the activities 13
of a licensee. 14
failure to repair 15
Warrantor's
248.(1) This section applies if the warrantor has by warranty advice or 16
otherwise-- 17
(a) refused to accept that the defect is covered by the statutory 18
warranty; or 19
(b) accepted that the defect is covered by the statutory warranty but-- 20
(i) failed to repair a defect within the repair period; or 21
(ii) failed to repair the defect so that the defective part can be 22
reasonably relied on to perform its intended function. 23
(2) The buyer may apply to a small claims tribunal for an order under 24
this section. 25
(3) A small claims tribunal may, in addition to the orders it is 26
empowered to make under the Small Claims Tribunals Act 1973, 27
section 20,91 make the following orders-- 28
(a) an order that the defect is or is not a defect covered by the 29
statutory warranty; 30
91 Small Claims Tribunals Act 1973, section 20 (Orders of tribunals)
s 248 182 s 248
Property Agents and Motor Dealers
(b) an order extending the warranty period for the warranted vehicle 1
to a specified date; 2
(c) an order declaring the warranted vehicle is covered by the 3
statutory warranty until a specified date. 4
(4) Also, the tribunal may make an order that the warrantor pay to the 5
buyer a stated amount the tribunal decides is the reasonable cost of having a 6
defect repaired if-- 7
(a) the warrantor has, by warranty advice or otherwise, refused to 8
accept that the defect is covered by the statutory warranty; and 9
(b) the buyer has had the defect repaired by another person; and 10
(c) the tribunal decides that the defect was one to which the statutory 11
warranty applied. 12
(5) The small claims tribunal may make an order under subsection (3)(b) 13
or (c) only if it is satisfied-- 14
(a) the vehicle was not able to be used by the buyer for a period 15
during the warranty period; and 16
(b) the period from which the order is to be effective to the date the 17
warranty period is to end, and the period during which the vehicle 18
was able to be used by the buyer, taken together, are not more 19
than-- 20
(i) for a class A warranted vehicle--3 months; or 21
(ii) for a class B warranted vehicle--1 month. 22
(6) If, after the matter is heard by a small claims tribunal, an order is 23
made by the tribunal in the buyer's favour and the warrantor contravenes the 24
order, the contravention is a ground for starting disciplinary proceedings 25
under section 496.92 26
(7) Subsection (6) does not limit any right the buyer may have to enforce 27
the order. 28
92 Section 496 (Grounds for starting disciplinary proceedings)
s 249 183 s 250
Property Agents and Motor Dealers
for more than prescribed amount 1
Applications
249.(1) This section applies to an application if-- 2
(a) an application under section 248 may be made to a small claims 3
tribunal; and 4
(b) the application seeks the payment of an amount ("application 5
amount") greater than the prescribed amount. 6
(2) In a provision of this part about the application-- 7
(a) a reference to a small claims tribunal is taken to be a reference to a 8
court having jurisdiction for the recovery of a debt equal to the 9
application amount; and 10
(b) the provision applies with necessary changes as if the small 11
claims tribunal were the court. 12
(3) In this section-- 13
"prescribed amount" has the meaning given by the Small Claims 14
Tribunals Act 1973, section 4. 15
ART 5--GENERAL 16
P
office 17
Registered
250. An auctioneer's "registered office" is-- 18
(a) for an auctioneer who is a principal licensee-- 19
(i) the place the auctioneer specifies in the auctioneer's 20
application for an auctioneer's licence as the auctioneer's 21
principal place of business; or 22
(ii) another place notified to the chief executive by the auctioneer 23
in the approved form as the auctioneer's principal place of 24
business; and 25
(b) for an auctioneer who is an employed licensee-- 26
s 251 184 s 252
Property Agents and Motor Dealers
(i) the place the auctioneer specifies in the auctioneer's 1
application for an auctioneer's licence as the auctioneer's 2
business address; or 3
(ii) another place notified to the chief executive by the auctioneer 4
in the approved form as the auctioneer's business address. 5
must notify chief executive of change in place of business 6
Auctioneer
etc. 7
251.(1) An auctioneer who is a principal licensee must-- 8
(a) notify the chief executive in the approved form of any change in 9
the auctioneer's principal place of business within 14 days after 10
the change; and 11
(b) notify the chief executive in the approved form of the closure of 12
any place where the auctioneer carries on business within 14 days 13
after the closure; and 14
(c) notify the chief executive in the approved form of the opening of 15
any place where the auctioneer carries on business within 14 days 16
after the opening. 17
Maximum penalty--200 penalty units. 18
(2) An auctioneer who is an employed licensee must notify the chief 19
executive in the approved form of any change in the auctioneer's business 20
address within 14 days after the change. 21
Maximum penalty--200 penalty units. 22
and publication of licensee's name 23
Display
252.(1) An auctioneer who is a principal licensee must display at each 24
place the auctioneer carries on business, in the way that may be prescribed 25
under a regulation-- 26
(a) the auctioneer's name; and 27
(b) if the auctioneer is not the person in charge of the auctioneer's 28
business at the place, the name of the auctioneer who is in charge 29
at the place; and 30
s 253 185 s 253
Property Agents and Motor Dealers
(c) the other particulars that may be prescribed under a regulation. 1
Maximum penalty--100 penalty units. 2
(2) An auctioneer who conducts an auction must display at the auction, in 3
the way and for the period prescribed under a regulation-- 4
(a) the auctioneer's name; and 5
(b) the other particulars that may be prescribed under a regulation. 6
Maximum penalty--100 penalty units. 7
(3) An auctioneer who is a principal licensee must not publish, or permit 8
to be published, in a newspaper or elsewhere an advertisement for the 9
auctioneer's business without stating in the advertisement the particulars that 10
may be prescribed under a regulation. 11
Maximum penalty--100 penalty units. 12
licensee must keep employment register 13
Principal
253.(1) An auctioneer who is a principal licensee must keep a register 14
("employment register") at each place where the auctioneer carries on 15
business. 16
Maximum penalty--200 penalty units. 17
(2) The auctioneer must enter, and keep entered, in the employment 18
register-- 19
(a) the name, and the other particulars that may be prescribed under a 20
regulation, of each of the following persons-- 21
(i) a person who is employed by the auctioneer as an employed 22
licensee; 23
(ii) a trainee auctioneer who is under the supervision and 24
instruction of the auctioneer at the place; and 25
(b) the activities the trainee auctioneer is authorised to perform for the 26
auctioneer while the trainee is under the supervision and 27
instruction of the auctioneer. 28
Maximum penalty--200 penalty units. 29
s 254 186 s 254
Property Agents and Motor Dealers
1
Note--
2
The auctioneer must give the trainee auctioneer a statement under section 207
3
(Auctioneer must give trainee auctioneer employment authority) clearly specifying
4
the trainee's activities.
(3) The auctioneer must-- 5
(a) enter the particulars about each employed licensee or trainee 6
auctioneer, and the activities the employed licensee or trainee is 7
authorised to perform, immediately after the auctioneer starts to 8
employ the employed licensee or supervise and instruct the trainee 9
auctioneer at the place; and 10
(b) if there is a change in an employed licensee's or trainee's 11
particulars or activities, correct the entry in the way prescribed 12
under a regulation immediately after the change. 13
Maximum penalty--200 penalty units. 14
(4) The form of the register may be prescribed under a regulation. 15
to obtain statement from seller of vehicle 16
Auctioneer
254.(1) An auctioneer must, when buying a motor vehicle or accepting a 17
motor vehicle for sale on consignment from a person ("seller") in the 18
course of carrying on the auctioneer's business, obtain from the seller a 19
statement, signed by the seller, stating the particulars about the seller and the 20
vehicle that may be prescribed under a regulation. 21
Maximum penalty--200 penalty units. 22
(2) The auctioneer must-- 23
(a) keep a copy of the statement at the auctioneer's registered office; 24
and 25
(b) give a copy to the seller; and 26
(c) make a copy available for immediate inspection by an inspector 27
who asks to see it. 28
Maximum penalty--200 penalty units. 29
(3) This section does not apply if the seller is-- 30
s 255 187 s 256
Property Agents and Motor Dealers
(a) a financier of the business of the auctioneer; or 1
(b) another auctioneer or motor dealer. 2
to give statement to buyer of vehicle 3
Auctioneer
255.(1) An auctioneer must, immediately after the sale of a motor vehicle 4
to a person ("buyer") in the course of carrying on the auctioneer's 5
business, give to the buyer a statement, signed by the auctioneer, stating the 6
particulars about the vehicle's owner immediately before the sale and the 7
vehicle that may be prescribed under a regulation. 8
Maximum penalty--200 penalty units. 9
(2) The auctioneer must-- 10
(a) keep a copy of the statement at the auctioneer's registered office; 11
and 12
(b) make a copy available for immediate inspection by an inspector 13
who asks to see it. 14
Maximum penalty--200 penalty units. 15
(3) Nothing in this section prevents the statement being contained in the 16
contract for sale of the vehicle. 17
PART 6--OFFENCES 18
as auctioneer 19
Acting
256.(1) A person must not perform an activity that may be done under 20
the authority of an auctioneer's licence unless the person-- 21
(a) holds an auctioneer's licence and the performance of the activity is 22
authorised under the person's licence; or 23
(b) is otherwise permitted under this or another Act to perform the 24
activity. 25
Maximum penalty--200 penalty units or 2 years imprisonment. 26
s 257 188 s 259
Property Agents and Motor Dealers
(2) A person must not act as an auctioneer unless-- 1
(a) the person holds an auctioneer's licence and the act is done under 2
the authority of the person's licence; or 3
(b) the act is otherwise permitted under this or another Act. 4
Maximum penalty--200 penalty units or 2 years imprisonment. 5
(3) Without limiting the ways a person may act as an auctioneer, a person 6
"acts" as an auctioneer if the person-- 7
(a) performs an auction; or 8
(b) advertises or notifies or states that the person performs auctions 9
or is willing to perform auctions; or 10
(c) in any way holds out as being ready to perform auctions. 11
to be trainee auctioneer 12
Pretending
257. A person must not hold out that the person is a trainee auctioneer 13
unless the person holds a registration certificate as a trainee auctioneer. 14
Maximum penalty--200 penalty units. 15
must not act for more than 1 party 16
Auctioneer
258.(1) An auctioneer must not act for more than 1 party to a transaction. 17
Maximum penalty--200 penalty units. 18
(2) If an auctioneer acts for more than 1 party to a transaction, an 19
appointment to act for a party to the transaction is ineffective from the time 20
it is made. 21
(3) An auctioneer does not contravene subsection (1) and subsection (2) 22
does not apply if the transaction is a livestock sale. 23
of licence 24
Production
259. An auctioneer must, if asked by a person with whom the auctioneer 25
is dealing, produce the auctioneer's licence for inspection by the person. 26
Maximum penalty--100 penalty units. 27
s 260 189 s 261
Property Agents and Motor Dealers
of persons in auctioneer's business 1
Employment
260. An auctioneer must not employ, as a trainee auctioneer, a person the 2
auctioneer knows, or ought to know, does not hold a registration certificate 3
as a trainee auctioneer. 4
Maximum penalty--200 penalty units. 5
HAPTER 8--PROPERTY DEVELOPERS 6
C
ART 1--PROPERTY DEVELOPER'S 7
P
AUTHORISATION AND RESPONSIBILITIES 8
1--Interpretation 9
Division
of "complete a residential property sale" 10
Meaning
261.(1) A person "completes a residential property sale" if a 11
residential property in which the person has an interest is sold. 12
(2) However, the person is not to be taken to have completed a residential 13
property sale if-- 14
(a) the person appointed a real estate agent, pastoral house or 15
auctioneer to sell the interest in the residential property on the 16
person's behalf; or 17
(b) the person held the interest in the residential property as-- 18
(i) a personal representative; or 19
(ii) an administrator under the Guardianship and Administration 20
Act 2000; or 21
(iii) a beneficiary in, or a trustee of, a deceased person's estate; or 22
(iv) a mortgagee; or 23
s 262 190 s 264
Property Agents and Motor Dealers
(c) the person is a corporation and the corporation sold the 1
corporation's interest in the residential property to a related body 2
corporate; or 3
(d) the interest in the residential property is sold under a court order. 4
(3) In this section-- 5
"related body corporate" means a related body corporate under the 6
Corporations Law. 7
2--Licences 8
Division
a property developer's licence authorises 9
What
262.(1) A property developer's licence authorises the holder of the 10
licence ("property developer") to complete more than 6 residential 11
property sales in any 12 month period. 12
(2) A person who completes more than 6 residential property sales in any 13
12 month period is taken to conduct the business of a property developer. 14
(3) A property developer may conduct the business of a property 15
developer, either alone or with others. 16
a property developer director's licence authorises 17
What
263. A property developer director's licence authorises the holder of the 18
licence ("property developer director") to conduct the business of a stated 19
property developer that is a corporation at a stated place. 20
3--Responsibilities of persons in charge of a licensee's 21
Division
business for salespersons 22
for acts and omissions of salespersons 23
Responsibility
264.(1) A property developer must take reasonable steps to ensure each 24
property developer salesperson employed by the developer is properly 25
supervised, acts only within the scope of the salesperson's employment 26
authority under section 265 and complies with this Act. 27
s 265 191 s 267
Property Agents and Motor Dealers
(2) A property developer who fails to comply with subsection (1) is 1
liable to disciplinary action under chapter 14, part 3.93 2
developer must give salespersons employment authority 3
Property
265. Immediately after a property developer starts to employ a property 4
developer salesperson, the developer must give the salesperson a statement 5
("employment authority") clearly specifying the activities of a property 6
developer the salesperson is authorised by the developer to perform for the 7
developer during the salesperson's employment by the developer. 8
Maximum penalty--200 penalty units. 9
PART 2--CONDUCT PROVISIONS 10
1--Carrying on business 11
Division
on business under property developer's licence 12
Carrying
266. An individual who conducts the business of a property developer 13
with others is not required to hold a property developer's licence if-- 14
(a) at least 1 of the persons with whom the individual conducts the 15
business is a property developer; and 16
(b) the individual does not perform the activities of a property 17
developer; and 18
(c) the individual is a suitable person to hold a licence. 19
or salesperson to be in charge of a property developer's 20
Licensee
business at a place 21
267.(1) A property developer who is an individual must-- 22
93 Chapter 14 (Claims against the fund and other proceedings), part 3 (Disciplinary
proceedings)
s 268 192 s 268
Property Agents and Motor Dealers
(a) be in charge of the developer's business at the developer's 1
registered office;94 and 2
(b) if the developer has more than 1 place of business, ensure that at 3
each other place of business a property developer salesperson is in 4
charge of the developer's business at the place. 5
Maximum penalty--200 penalty units. 6
(2) A property developer that is a corporation ("corporate developer") 7
must ensure that-- 8
(a) the person in charge of the corporate developer's business at its 9
registered office is a property developer director of the corporate 10
developer; and 11
(b) if the corporate developer has more than 1 place of business, at 12
each other place of business a property developer director or 13
property developer salesperson is in charge of the corporate 14
developer's business. 15
Maximum penalty-- 16
(a) for an individual guilty under chapter 2 of the Criminal Code of 17
an offence or for section 59195--200 penalty units; or 18
(b) for a corporation--1 000 penalty units. 19
(3) An individual must not be in charge of a property developer's 20
business at more than 1 place. 21
Maximum penalty--200 penalty units. 22
2--Disclosure of interest 23
Division
to prospective buyer 24
Disclosures
268.(1) A property developer or anyone acting for the property developer 25
in the sale of residential property must disclose the following to any 26
prospective buyer of the property-- 27
94 See section 271 (Registered office).
95 Section 591 (Executive officers must ensure corporation complies with Act)
s 269 193 s 269
Property Agents and Motor Dealers
(a) that the property developer holds an interest in the property; 1
(b) any relationship, and the nature of the relationship (whether 2
personal or commercial), the property developer has with anyone 3
to whom the developer refers the buyer for professional services 4
associated with the sale; 5
6
Examples of relationships for paragraph (b)--
7
1. A family relationship.
8
2. A business relationship, other than a casual business relationship.
9
3. A fiduciary relationship.
10
4. A relationship in which 1 person is accustomed, or obliged, to act in
11
accordance with the directions, instructions, or wishes of the other.
(c) whether the property developer derives or expects to derive any 12
consideration or benefit, whether monetary or otherwise, from a 13
person to whom the developer has referred the buyer and, if so, 14
the amount, value or nature of the consideration or benefit. 15
Maximum penalty--200 penalty units. 16
(2) The disclosure is effective for subsection (1) only if it is-- 17
(a) given to the prospective buyer in the approved form; and 18
(b) acknowledged by the prospective buyer in writing on the 19
approved form; and 20
(c) given and acknowledged before a contract for the sale of the 21
residential property is entered into. 22
Division 3--Code of conduct 23
of conduct 24
Code
269. A regulation may prescribe a code of conduct about property 25
developer practice that may include the following-- 26
(a) setting conduct standards for property developers and property 27
developer salespersons; 28
s 270 194 s 271
Property Agents and Motor Dealers
(b) establishing principles for fair trading; 1
(c) providing for a system of complaint resolution. 2
about conduct 3
Complaints
270.(1) A person aggrieved by the conduct of a property developer or 4
property developer salesperson may complain in writing to the chief 5
executive about the conduct. 6
(2) The chief executive may investigate the complaint and, if satisfied that 7
the code of conduct has been breached, take the action about the conduct 8
allowed under this Act. 9