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Queensland
Property Agents Bill 2010
Queensland
Property Agents Bill 2010
Contents
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2 Exemptions
4 Particular auctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5 Administrators, liquidators, controllers and receivers . . . . . . . . . . 17
6 Financial institutions and trustee companies . . . . . . . . . . . . . . . . 18
7 Non-profit corporations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3 Objects of Act
8 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 4 Interpretation
9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
10 Meaning of beneficial interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
11 Meaning of completes a residential property sale . . . . . . . . . . . . 24
12 Meaning of in charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
13 Meaning of open listing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
14 Meaning of residential property . . . . . . . . . . . . . . . . . . . . . . . . . . 26
15 Meaning of unsolicited invitation. . . . . . . . . . . . . . . . . . . . . . . . . . 27
16 Difference between exclusive agency and sole agency . . . . . . . . 28
Part 2 Licensing
Division 1 Categories of licence
17 Categories of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2 Limited property agent licence
18 Limited property agent licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 3 How to obtain a licence
19 Steps involved in obtaining a licence . . . . . . . . . . . . . . . . . . . . . . 29
Property Agents Bill 2010
Contents
Division 4 Applications for licence
20 Application for licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
21 Applicant must state business address . . . . . . . . . . . . . . . . . . . . 31
22 Special provision for applicant for resident letting agent licence . 32
23 Requirement to give information or material about application . . 32
24 Applicant intending to carry on business to advise name of
auditor ........................................ 33
Division 5 Suitability of applicants and licensees
25 Suitability of applicants and licensees--individuals . . . . . . . . . . . 33
26 Suitability of applicants and licensees--corporations . . . . . . . . . 34
27 Chief executive must consider suitability of applicants and
licensees ..................................... 34
28 Public trustee is a suitable person . . . . . . . . . . . . . . . . . . . . . . . . 36
29 Chief executive of department is a suitable person . . . . . . . . . . . 36
30 Defence Housing Australia is a suitable person . . . . . . . . . . . . . . 36
31 Investigations about suitability of applicants and licensees . . . . . 36
32 Costs of criminal history report. . . . . . . . . . . . . . . . . . . . . . . . . . . 37
33 Confidentiality of criminal history . . . . . . . . . . . . . . . . . . . . . . . . . 38
34 Requirement to give chief executive information or material
about suitability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 6 Eligibility for licence
Subdivision 1 Property agent licence
35 Eligibility for property agent licence . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 2 Resident letting agent licence
36 Eligibility for resident letting agent licence . . . . . . . . . . . . . . . . . . 40
Subdivision 3 Chief executives and particular corporation sole
37 Public trustee is eligible to obtain licence . . . . . . . . . . . . . . . . . . . 42
38 Chief executive of department is eligible to obtain licence . . . . . . 42
39 Defence Housing Australia is eligible to obtain licence . . . . . . . . 42
Division 7 Issue of licences
40 Chief executive may issue or refuse to issue licence . . . . . . . . . . 43
41 Licence--public trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
42 Licence--chief executive of department. . . . . . . . . . . . . . . . . . . . 45
43 Licence--Defence Housing Australia . . . . . . . . . . . . . . . . . . . . . . 45
44 Licence--conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 8 Restrictions on performing activities under licences
45 Restriction--corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
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Property Agents Bill 2010
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46 Restriction--individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
47 Restriction--conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 9 Renewal and restoration of licences
Subdivision 1 Renewal
48 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
49 Chief executive may renew or refuse to renew licence. . . . . . . . . 49
50 Licence taken to be in force while application for renewal is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Subdivision 2 Restoration
51 Application for restoration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
52 Chief executive may restore or refuse to restore licence . . . . . . . 51
53 Licence taken to be in force while application for restoration is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 10 Dealings with licences
Subdivision 1 Transfer of licence
54 Transfer of licence prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Subdivision 2 Substitute licences
55 Appointment of substitute licensee--principal
licensee--individual ............................. 53
56 Appointment of substitute licensee--employed licensee in
charge of a licensee's business at a place . . . . . . . . . . . . . . . . . . 55
57 Chief executive may appoint or refuse to appoint substitute
licensee ....................................... 56
58 Substitute licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
59 Limitation on period of substitution. . . . . . . . . . . . . . . . . . . . . . . . 58
Subdivision 3 General
60 Amendment of licence conditions. . . . . . . . . . . . . . . . . . . . . . . . . 59
61 Return of licence for amendment of conditions or when
suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
62 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
63 Licence may be deactivated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 11 Immediate suspension and cancellation of licences
64 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
65 Immediate cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 12 General provisions about licences
66 Form of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
67 Display of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
68 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
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69 Replacement licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
70 Register of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
71 Licensees to notify chief executive of changes in circumstances. 67
Part 3 Property agents
Division 1 Property agents' authorisation and responsibility
72 What a property agent licence authorises . . . . . . . . . . . . . . . . . . 67
73 Responsibility for acts and omissions of salespersons . . . . . . . . 68
Division 2 Conduct provisions
Subdivision 1 Carrying on business
74 Carrying on of business under property agent licence. . . . . . . . . 69
75 Licensee to be in charge of a property agent's business at a
place ........................................ 69
Subdivision 2 Appointment
76 Appointment of property agent--general . . . . . . . . . . . . . . . . . . . 71
77 Form of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
78 Pre-appointment advice about types of appointment . . . . . . . . . . 73
79 Appointment of property agent--sole and exclusive agencies. . . 74
80 Proposal for assignment of appointments . . . . . . . . . . . . . . . . . . 75
81 Restriction on reappointment of property agents for sales of
residential property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
82 Form of reappointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
83 When appointments and reappointments are ineffective . . . . . . . 76
Subdivision 3 Disclosure of interest
84 Disclosures to prospective buyer . . . . . . . . . . . . . . . . . . . . . . . . . 77
Subdivision 4 Auctions of goods
85 Buyer's premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Subdivision 5 Recovery of reward or expense
86 Commission may be claimed only for actual amounts . . . . . . . . . 79
87 Restriction on recovery of reward or expense--no proper
authorisation etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
88 Restriction on recovery of reward or expense above amount
allowed ......................................... 80
89 Excess commission etc. to be repaid . . . . . . . . . . . . . . . . . . . . . . 81
Subdivision 6 Interests in property
90 Definition for sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
91 Beneficial interest--options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
92 Beneficial interest--other than options. . . . . . . . . . . . . . . . . . . . . 82
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93 Return of beneficial interest if in form of commission. . . . . . . . . . 83
Subdivision 7 Lands not lawfully useable for residential purposes
94 Definition for sdiv 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
95 Application of sdiv 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
96 Notice to be given about vacant land . . . . . . . . . . . . . . . . . . . . . . 84
97 Buyer's rights if notice not given or materially defective . . . . . . . . 85
98 Liability to punishment under s 96 or 97 additional to other
liabilities at law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Subdivision 8 Sales of particular businesses
99 Application of sdiv 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
100 Notice to be given about sale of resident letting agent's
business ..................................... 87
Subdivision 9 Auctions of goods
101 Buyer's premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Subdivision 10 Code of conduct
102 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
103 Complaints about conduct and action chief executive may take . 90
Division 3 General
104 Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
105 Property agent must notify chief executive of change in place
of business etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
106 Display and publication of licensee's name . . . . . . . . . . . . . . . . . 91
107 Principal licensee must keep employment register . . . . . . . . . . . 92
Division 4 Offences
108 Acting as property agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
109 Pretending to be property agent salesperson . . . . . . . . . . . . . . . 94
110 Property agent must not act for more than 1 party. . . . . . . . . . . . 95
111 Production of licence or registration certificate. . . . . . . . . . . . . . . 95
112 Employment of persons in real estate business . . . . . . . . . . . . . . 96
Part 4 Resident letting agents
Division 1 Resident letting agent licence
113 What a resident letting agent licence authorises . . . . . . . . . . . . . 97
Division 2 Conduct provisions
Subdivision 1 Carrying on business
114 Carrying on of business under resident letting agent licence. . . . 98
115 Licensee to be in charge of a resident letting agent's business
at a place ...................................... 99
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Subdivision 2 Appointment
116 Appointment of resident letting agent. . . . . . . . . . . . . . . . . . . . . . 100
117 Form of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
118 Assignment of appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Subdivision 3 Recovery of reward or expense
119 Commission may be claimed only for actual amounts . . . . . . . . . 103
120 Restriction on remedy for reward or expense. . . . . . . . . . . . . . . . 103
121 Excess fees etc. to be repaid . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Subdivision 4 Code of conduct
122 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
123 Complaints about conduct and action chief executive may take . 105
Division 3 General
124 Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
125 Resident letting agent to notify chief executive of change in
place of business etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
126 Display and publication of licensee's name . . . . . . . . . . . . . . . . . 107
127 Principal licensee must keep employment register . . . . . . . . . . . 108
128 Access to particular documents . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 4 Offences
129 Acting as resident letting agent . . . . . . . . . . . . . . . . . . . . . . . . . . 109
130 Resident letting agent must not act for more than 1 party . . . . . . 110
131 Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Part 5 Employee registration as a property agent salesperson
Division 1 Registered employees' authorisation
132 What a registration certificate authorises . . . . . . . . . . . . . . . . . . . 110
Division 2 How to obtain registration
133 Steps involved in obtaining registration . . . . . . . . . . . . . . . . . . . . 111
Division 3 Applications for registration
134 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
135 Requirement to give chief executive information or material
about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Division 4 Suitability of applicants
136 Suitability of applicants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
137 Chief executive must consider suitability of applicants. . . . . . . . . 113
138 Investigations about suitability of applicants. . . . . . . . . . . . . . . . . 114
139 Costs of criminal history report. . . . . . . . . . . . . . . . . . . . . . . . . . . 115
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140 Confidentiality of criminal history . . . . . . . . . . . . . . . . . . . . . . . . . 115
141 Requirement to give chief executive information or material
about suitability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 5 Eligibility for registration
142 Eligibility for registration as property agent salesperson . . . . . . . 116
Division 6 Issue of registration certificate
143 Chief executive may issue or refuse to issue registration
certificate ...................................... 117
144 Registration certificate--conditions . . . . . . . . . . . . . . . . . . . . . . . 118
Division 7 Renewal and restoration of registration certificates
Subdivision 1 Renewal
145 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
146 Chief executive may renew or refuse to renew registration
certificate ...................................... 119
147 Registration certificate taken to be in force while application
for renewal is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Subdivision 2 Restoration
148 Application for restoration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
149 Chief executive may restore or refuse to restore registration
certificate ........................................ 121
150 Registration certificate taken to be in force while application for
restoration is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Division 8 Dealings with registration certificates
Subdivision 1 Transfer of registration certificate
151 Transfer of registration certificate prohibited. . . . . . . . . . . . . . . . . 122
Subdivision 2 General
152 Amendment of registration certificate conditions . . . . . . . . . . . . . 122
153 Return of registration certificate for amendment of conditions . . . 124
154 Surrender of registration certificate . . . . . . . . . . . . . . . . . . . . . . . 124
Division 9 Immediate suspension and cancellation of registration
certificates
155 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
156 Immediate cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Division 10 General provisions about employee registration
157 Form of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
158 Term of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
159 Replacement certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
160 Register of registration certificates . . . . . . . . . . . . . . . . . . . . . . . . 127
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161 Property agent salespersons to notify chief executive of changes
in circumstances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Part 6 Residential property sales
Division 1 Preliminary
162 Purposes of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
163 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
164 Relationship with Electronic Transactions (Queensland) Act 2001 131
Division 2 Independence of lawyers, disclosure of interests, and
particular valuations
165 Lawyer's disclosure to buyer about independence . . . . . . . . . . . . 131
166 Disclosures to prospective buyer . . . . . . . . . . . . . . . . . . . . . . . . . 132
167 Buyer to receive copy of property valuation buyer pays for . . . . . 133
Division 3 Warning statements for proposed relevant contracts and
relevant contracts
168 Content and effectiveness of warning statement . . . . . . . . . . . . . 134
169 Warning statement etc. if proposed relevant contract is given to
buyer for signing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
170 Defence for s 169(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
171 Warning statement must be attached to relevant contract . . . . . . 137
Division 4 Waiving and shortening cooling-off periods
172 Cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
173 Waiving cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
174 Shortening cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Division 5 Terminating relevant contracts
175 Buyer may terminate relevant contract in certain circumstance if
clear statement is not given under s 169(2)(c)(i) . . . . . . . . . . . . . 140
176 Terminating relevant contract during cooling-off period . . . . . . . . 141
Division 6 Accounting requirements for relevant contracts
177 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
178 Part payments must be paid to particular persons . . . . . . . . . . . . 142
179 Part payment to be held in trust . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 7 Advertising sale of particular properties--sustainability
declarations
Subdivision 1 Preliminary
180 Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Subdivision 2 Requirements about advertising sale, and inspection, of
residential dwellings
181 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
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182 Requirements about advertising sale of residential dwelling . . . . 145
183 Requirements about inspection of residential dwelling . . . . . . . . 146
184 Requirement to give copy of sustainability declaration. . . . . . . . . 147
185 Breach of obligation does not give rise to civil right or remedy . . 147
Subdivision 3 Publishing or giving incomplete or false or misleading
sustainability declaration
186 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
187 No right to terminate contract for publishing or giving declaration 148
188 Publishing or giving declaration does not contravene particular
provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Part 7 Trust accounts
189 Opening and maintaining trust accounts . . . . . . . . . . . . . . . . . . . 148
Part 8 Claims against the fund
Division 1 Preliminary
190 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
191 What is the purchase of a non-investment residential property . . 150
Division 2 Claims against the fund
192 Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
193 Persons who can not claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
194 Claims limited to realised loss . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Part 9 Jurisdiction of QCAT
195 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
196 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Part 10 Proceedings
Division 1 Disciplinary proceedings
197 Grounds for starting disciplinary proceedings . . . . . . . . . . . . . . . 153
198 Starting disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 2 Marketeer proceedings
199 Grounds for starting marketeer proceeding . . . . . . . . . . . . . . . . . 156
200 How to start a proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Division 3 Review proceedings
201 Person dissatisfied with chief executive's decision may seek
review ......................................... 156
202 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
203 QCAT may extend time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
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Division 4 Proceedings generally
Subdivision 1 Reference committee
204 Reference committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
205 Reference committee functions . . . . . . . . . . . . . . . . . . . . . . . . . . 158
206 Reference committee may authorise application for public
examination .................................... 158
Subdivision 2 Public examinations
207 QCAT may conduct public examination . . . . . . . . . . . . . . . . . . . . 159
208 Procedure before public examination starts . . . . . . . . . . . . . . . . . 159
209 Person must answer particular questions. . . . . . . . . . . . . . . . . . . 160
Subdivision 3 Stopping particular conduct
210 Stopping particular conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Subdivision 4 QCAT's orders
211 Orders QCAT may make on disciplinary hearing . . . . . . . . . . . . . 162
212 Stopping contraventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
213 Orders QCAT may make in a marketeer proceeding . . . . . . . . . . 164
214 Criteria for deciding amount to be ordered. . . . . . . . . . . . . . . . . . 166
Subdivison 5 Chief executive's right of appeal
215 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Part 11 Injunctions, undertakings, preservation of assets and civil
penalties
Division 1 Injunctions
216 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
217 Who may apply for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
218 Grounds for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
219 Court's powers for injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
220 Terms of injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
221 Undertakings as to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
Division 2 Undertakings
222 Chief executive may seek undertaking after contravention . . . . . 170
223 Undertaking about other matter . . . . . . . . . . . . . . . . . . . . . . . . . . 171
224 Variation and withdrawal of undertakings. . . . . . . . . . . . . . . . . . . 171
225 Enforcement of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
226 Register of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Division 3 Preservation of assets
227 Powers of court for preservation of assets . . . . . . . . . . . . . . . . . . 173
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Division 4 Civil penalties and compensation orders for particular
contraventions
228 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
229 Application for order imposing civil penalties . . . . . . . . . . . . . . . . 175
230 Orders District Court may make . . . . . . . . . . . . . . . . . . . . . . . . . . 175
231 Criteria for deciding amount to be ordered. . . . . . . . . . . . . . . . . . 177
Part 12 General contraventions, evidentiary matters and legal
proceedings
Division 1 General contraventions
232 Wrongful conversion and false accounts . . . . . . . . . . . . . . . . . . . 178
233 Misleading conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
234 Unconscionable conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
235 False representations and other misleading conduct relating
to residential property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
236 Application of ss 234, 235 and 236 . . . . . . . . . . . . . . . . . . . . . . . 183
237 Offensive conduct relating to residential property . . . . . . . . . . . . 183
238 False representations about property. . . . . . . . . . . . . . . . . . . . . . 184
239 Representation of price of property to seller--property agent . . . 185
240 Property agent not to indicate reserve or other price to bidder . . 186
241 Representation of price of property--property agent . . . . . . . . . . 187
242 Property agent not to indicate reserve price to potential buyer . . 188
243 Chief executive's power to ask for substantiation of
representations made by licensees or property agent
salespersons ................................ 189
244 Chief executive to ask for substantiation of representations
made by marketeers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
245 Offence to charge fee for providing documents etc. . . . . . . . . . . . 190
246 Offence to ask for, or receive, excess or improper remuneration . 190
247 Offence to lend or borrow licence. . . . . . . . . . . . . . . . . . . . . . . . . 191
248 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 192
249 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 192
250 Prohibited practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
Division 2 Evidentiary matters
251 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
252 Entries in licensee's documents . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Division 3 Proceedings
253 Proceedings for an offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
254 Responsibility for acts or omissions of representatives . . . . . . . . 196
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255 Executive officers must ensure corporation complies with Act. . . 197
256 Power of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
257 Power of court for particular offences. . . . . . . . . . . . . . . . . . . . . . 198
258 Allegations of false or misleading representations or statements
etc. ........................................... 199
Part 13 General
259 Public warning statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
260 Civil remedies not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
261 Criminal Proceeds Confiscation Act 2002 not limited. . . . . . . . . . 200
262 Delegation--chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
263 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
264 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
265 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
Part 14 Repeal
266 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Part 15 Transitional and saving provisions
Division 1 Preliminary
267 Definitions for pt 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Division 2 Transitional provisions
Subdivision 1 Licences and registration certificates
268 Existing licences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
269 Existing registration certificates . . . . . . . . . . . . . . . . . . . . . . . . . . 205
270 Expiry of particular licences and certificate . . . . . . . . . . . . . . . . . 207
271 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
272 Restoration of expired existing licences . . . . . . . . . . . . . . . . . . . . 209
273 Restoration of expired existing registration certificates . . . . . . . . 210
274 Previous refusals of applications . . . . . . . . . . . . . . . . . . . . . . . . . 211
275 Deactivated existing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
276 Suspended existing licences and existing registration certificates 213
Subdivision 2 Miscellaneous provisions
277 Existing appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
278 Disciplinary action relating to pre-commencement conduct . . . . . 216
279 Marketeer proceeding relating to pre-commencement conduct . . 216
280 Continuation of reviews under the repealed Act . . . . . . . . . . . . . . 217
281 Injunctions relating to pre-commencement conduct . . . . . . . . . . . 217
282 Undertakings relating to pre-commencement conduct. . . . . . . . . 218
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283 Proceedings for particular offences under repealed Act. . . . . . . . 219
284 Existing infringement notice offences . . . . . . . . . . . . . . . . . . . . . . 220
285 Existing delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
286 Reference committee--marketeers . . . . . . . . . . . . . . . . . . . . . . . 220
287 Existing registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
288 Existing fines and fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
289 Return of beneficial interest if in form of commission. . . . . . . . . . 222
290 Buyer's rights if notice about land is not given under repealed
Act or is materially defective. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
291 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 222
Division 3 Savings provision for repealed Act
292 Saving of enforcement provisions . . . . . . . . . . . . . . . . . . . . . . . . 223
Part 16 Minor and consequential amendments
293 Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . 224
Schedule 1 Decisions subject to review . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
Schedule 2 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 226
Part 1 Amendments of this Act
Part 2 Other amendments
Body Corporate and Community Management Act 1997. . . . . . . 226
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
Building Units and Group Titles Act 1980. . . . . . . . . . . . . . . . . . . 228
Integrated Resort Development Act 1987 . . . . . . . . . . . . . . . . . . 228
Land Sales Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
Legal Profession Act 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
Personal Property Securities (Ancillary Provisions) Act 2010 . . . 230
Retirement Villages Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
Sanctuary Cove Resort Act 1985 . . . . . . . . . . . . . . . . . . . . . . . . . 231
Second-hand Dealers and Pawnbrokers Act 2003. . . . . . . . . . . . 231
South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 232
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Page 13
2010
A Bill
for
An Act to comprehensively provide for the regulation of the
activities, licensing and conduct of property agents and their
employees and to protect consumers against particular
undesirable practices, and to make minor and consequential
amendments of the Body Corporate and Community
Management Act 1997, the Building Act 1975, the Building
Units and Group Titles Act 1980, the Integrated Resort
Development Act 1987, the Land Sales Act 1984, the Legal
Profession Act 2007, the Personal Property Securities
(Ancillary Provisions) Act 2010, the Retirement Villages Act
1999, the Sanctuary Cove Resort Act 1985, the Second-hand
Dealers and Pawnbrokers Act 2003 and the South Bank
Corporation Act 1989 for particular purposes
Property Agents Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Property Agents Act 2010. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Act binds all persons 8
(1) This Act binds all persons, including the State and, as far as 9
the legislative power of the Parliament permits, the 10
Commonwealth and the other States. 11
(2) Nothing in this Act makes the State, the Commonwealth or 12
any other State liable to be prosecuted for an offence. 13
Division 2 Exemptions 14
4 Particular auctions 15
(1) Part 3 does not apply to-- 16
(a) a sale made under a rule, order, or judgment of the 17
Supreme Court or District Court; or 18
(b) a sale made by a person obeying an order of, or a 19
process issued by, a court, judge or justice, or the 20
registrar of the State Penalties Enforcement Registry for 21
the recovery of a fine, penalty or award; or 22
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[s 5]
(c) a sale of an animal lawfully impounded and sold under 1
the Animal Care and Protection Act 2001 or another law 2
about impounding; or 3
(d) a sale conducted for a charity, a religious denomination 4
or an organisation formed for a community purpose, 5
within the meaning of the Collections Act 1966 (a 6
relevant entity) if-- 7
(i) the person conducting the sale does not receive 8
from the relevant entity a reward for the person's 9
services; and 10
(ii) amounts received from the sale are paid directly to 11
an officer or employee of the relevant entity who is 12
authorised by the relevant entity to receive and deal 13
with the amounts. 14
(2) In this section-- 15
sale means a sale, attempted sale or an offering for sale or 16
resale, by way of auction. 17
5 Administrators, liquidators, controllers and receivers 18
(1) This section applies to-- 19
(a) a person appointed under the Corporations Act as an 20
administrator of a corporation that is authorised under a 21
licence to perform an activity; or 22
(b) a person appointed under the Corporations Act as an 23
administrator of a deed of company arrangement for a 24
corporation that is authorised under a licence to perform 25
an activity; or 26
(c) a person appointed under the Corporations Act as a 27
liquidator, or controller of property, of a corporation that 28
is authorised under a licence to perform an activity; or 29
(d) a person appointed under the Administration Act as a 30
receiver of an entity that is authorised under a licence to 31
perform an activity. 32
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Property Agents Bill 2010
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[s 6]
(2) The person is exempt from the following provisions while 1
performing the activity for any business carried on under the 2
licence in accordance with the conditions applying to the 3
licence-- 4
(a) part 3, division 2, subdivision 1; 5
(b) section 76; 6
(c) part 3, division 3; 7
(d) part 4, division 2, subdivision 1; 8
(e) section 116; 9
(f) part 4, division 3. 10
6 Financial institutions and trustee companies 11
(1) Part 3 does not apply to a financial institution or trustee 12
company. 13
(2) In this section-- 14
trustee company means-- 15
(a) a trustee company under the Trustee Companies Act 16
1968; or 17
(b) the public trustee when the public trustee is-- 18
(i) performing the activities that may be performed by 19
a trustee company; or 20
(ii) exercising the powers that may be exercised by a 21
trustee company; or 22
(iii) holding an office that may be held by a trustee 23
company. 24
7 Non-profit corporations 25
(1) A non-profit corporation is exempt from parts 5 and 6 if-- 26
(a) the corporation provides or locates-- 27
(i) affordable rental housing under an affordable 28
housing scheme; or 29
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Property Agents Bill 2010
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[s 8]
(ii) approved supported accommodation; and 1
(b) the providing or locating of the housing or 2
accommodation is funded or managed by the 3
Commonwealth, the State or a local government. 4
(2) Subsection (1) does not apply if the non-profit corporation is 5
otherwise carrying on the business of a resident letting agent 6
or property agent. 7
(3) To remove any doubt, it is declared that a corporation does 8
not stop being a non-profit corporation only because it 9
receives a reward for providing its services to another 10
non-profit corporation. 11
(4) In this section-- 12
affordable housing scheme see the Residential Tenancies and 13
Rooming Accommodation Act 2008, schedule 2. 14
approved supported accommodation see the Residential 15
Tenancies and Rooming Accommodation Act 2008, schedule 16
2. 17
non-profit corporation means a corporation formed for a 18
purpose other than the purpose of making a profit. 19
Division 3 Objects of Act 20
8 Objects 21
(1) The objects of this Act are-- 22
(a) to provide a system for licensing and regulating persons 23
as property agents or resident letting agents and for 24
registering and regulating persons as property agent 25
salespersons that achieves an appropriate balance 26
between-- 27
(i) the need to regulate for the protection of 28
consumers; and 29
(ii) the need to promote freedom of enterprise in the 30
market place; and 31
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[s 8]
(b) to provide a way of protecting consumers against 1
particular undesirable practices associated with the 2
promotion of residential property. 3
(2) The objects are to be achieved by-- 4
(a) ensuring-- 5
(i) only suitable persons with appropriate 6
qualifications are licensed or registered; and 7
(ii) persons who carry on business or are in charge of a 8
licensee's business at a place under the authority of 9
a property agent licence maintain close personal 10
supervision of the way the business is carried on; 11
and 12
(b) providing-- 13
(i) protection for consumers in their dealings with 14
licensees and their employees; and 15
(ii) a legislative framework within which persons 16
performing activities for licensees may lawfully 17
operate; and 18
(c) regulating fees and commissions that can be charged for 19
particular transactions; and 20
(d) providing protection for consumers in their dealings 21
with marketeers; and 22
(e) establishing a right for persons who suffer financial loss 23
because of their dealings with persons regulated under 24
this Act to apply for compensation from the fund; and 25
(f) providing for the enforcement of matters involving 26
marketeers by QCAT and the District Court; and 27
(g) providing increased flexibility in enforcement measures 28
through codes of conduct, injunctions, undertakings, 29
and, for contraventions by marketeers, preservation of 30
assets and civil penalties; and 31
(h) promoting administrative efficiency by providing that-- 32
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Property Agents Bill 2010
Part 1 Preliminary
[s 9]
(i) responsibility for licensing rests with the chief 1
executive; and 2
(ii) responsibility for reviewing particular decisions of 3
the chief executive rests with QCAT; and 4
(iii) responsibility for disciplinary matters rests with 5
QCAT. 6
Division 4 Interpretation 7
9 Definitions 8
The dictionary in schedule 3 defines particular words used in 9
this Act. 10
10 Meaning of beneficial interest 11
(1) For this Act, other than section 40(6)(b)(i), a licensee is taken 12
to have a beneficial interest in property in each of the 13
following cases-- 14
Case 1 15
The purchase of the property is made for the licensee or an 16
associate of the licensee. 17
Case 2 18
An option to purchase the property is held by the licensee or 19
an associate of the licensee. 20
Case 3 21
The purchase of the property is made for a corporation 22
(having not more than 100 members) of which the licensee or 23
an associate of the licensee is a member. 24
Case 4 25
An option to purchase the property is held by a corporation 26
(having not more than 100 members) of which the licensee or 27
an associate of the licensee is a member. 28
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Property Agents Bill 2010
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[s 10]
Case 5 1
The purchase of the property is made for a corporation of 2
which the licensee or an associate of the licensee is an 3
executive officer. 4
Case 6 5
An option to purchase the property is held by a corporation of 6
which the licensee or an associate of the licensee is an 7
executive officer. 8
Case 7 9
If the licensee is a corporation, the purchase of the property is 10
made for an executive officer of the licensee or an associate of 11
the executive officer. 12
Case 8 13
If the licensee is a corporation, an option to purchase the 14
property is held by an executive officer of the licensee or an 15
associate of the executive officer. 16
Case 9 17
The purchase of the property is made for a member of a firm 18
or partnership of which the licensee or an associate of the 19
licensee is also a member. 20
Case 10 21
The purchase of the property is made for a person carrying on 22
a business for profit or gain and the licensee or an associate of 23
the licensee has, directly or indirectly, a right to participate in 24
the income or profits of the person's business or the purchase 25
of the property. 26
(2) For this Act, a property agent salesperson of a licensee is 27
taken to have a beneficial interest in property in each of the 28
following cases-- 29
Case 1 30
The purchase of the property is made for the property agent 31
salesperson or an associate of the salesperson. 32
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Property Agents Bill 2010
Part 1 Preliminary
[s 10]
Case 2 1
The property agent salesperson or an associate of the 2
salesperson has an option to purchase the property. 3
Case 3 4
The purchase of the property is made for a corporation 5
(having not more than 100 members) of which the property 6
agent salesperson or an associate of the salesperson is a 7
member. 8
Case 4 9
An option to purchase the property is held by a corporation 10
(having not more than 100 members) of which the property 11
agent salesperson or an associate of the salesperson is a 12
member. 13
Case 5 14
The purchase of the property is made for a corporation of 15
which the property agent salesperson or an associate of the 16
salesperson is an executive officer. 17
Case 6 18
An option to purchase the property is held by a corporation of 19
which the property agent salesperson or an associate of the 20
salesperson is an executive officer. 21
Case 7 22
The purchase of the property is made for an executive officer 23
of a corporation of which the property agent salesperson or an 24
associate of the salesperson is an executive officer. 25
Case 8 26
An option to purchase the property is held by an executive 27
officer of a corporation of which the property agent 28
salesperson or an associate of the salesperson is an executive 29
officer. 30
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Property Agents Bill 2010
Part 1 Preliminary
[s 11]
Case 9 1
The purchase of the property is made for a member of a firm 2
or partnership of which the property agent salesperson or an 3
associate of the salesperson is also a member. 4
Case 10 5
The purchase of the property is made for a person carrying on 6
a business for profit or gain and the property agent salesperson 7
or an associate of the salesperson has, directly or indirectly, a 8
right to participate in the income or profits of the person's 9
business or the purchase of the property. 10
11 Meaning of completes a residential property sale 11
(1) A person completes a residential property sale if a residential 12
property in which the person has an interest is sold, whether 13
or not a transfer to the purchaser under the sale has been 14
registered. 15
(2) However, the person is not to be taken to have completed a 16
residential property sale if-- 17
(a) the person appointed a property agent to sell the interest 18
in the residential property on the person's behalf and the 19
property agent is the effective cause of the sale; or 20
(b) the person held the interest in the residential property 21
as-- 22
(i) a personal representative; or 23
(ii) an administrator under the Guardianship and 24
Administration Act 2000; or 25
(iii) a beneficiary in, or a trustee of, a deceased person's 26
estate; or 27
(iv) a mortgagee; or 28
(c) the person is a corporation and the corporation sold the 29
corporation's interest in the residential property to a 30
related body corporate of the corporation; or 31
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Property Agents Bill 2010
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[s 12]
(d) the interest in the residential property is sold under a 1
court order. 2
(3) In this section-- 3
related body corporate means a body that, under the 4
Corporations Act, section 50, is related to the corporation. 5
12 Meaning of in charge 6
(1) A person is in charge of a licensee's business at a place where 7
the licensee carries on business only if the person personally 8
supervises, manages or controls the conduct of the licensee's 9
business at the place. 10
(2) In this section-- 11
licensee's business means the licensee's business carried on 12
under the authority of the licensee's licence. 13
13 Meaning of open listing 14
(1) An open listing is a written agreement entered into between a 15
person (seller) and a property agent (selling agent) under 16
which the seller appoints the selling agent, in accordance with 17
the terms of the agreement, to sell stated property. 18
(2) Under the agreement-- 19
(a) the seller retains a right-- 20
(i) to sell the seller's property during the term of the 21
agreement; or 22
(ii) to appoint additional property agents as selling 23
agents to sell the property on terms similar to those 24
under the agreement; and 25
(b) the appointed selling agent is entitled to remuneration 26
only if he or she is the effective cause of sale; and 27
(c) the appointment of the selling agent can be ended by 28
either the seller or the selling agent at any time. 29
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Property Agents Bill 2010
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[s 14]
14 Meaning of residential property 1
(1) Property is residential property if the property is-- 2
(a) a single parcel of land on which a place of residence is 3
constructed or being constructed; or 4
(b) a single parcel of vacant land in a residential area. 5
(2) Without limiting subsection (1), property is residential 6
property if the property is any of the following lots that is a 7
place of residence or in a residential area-- 8
(a) a lot included in a community titles scheme, or proposed 9
to be included in a community titles scheme, under the 10
Body Corporate and Community Management Act 1997; 11
(b) a lot or proposed lot under the Building Units and Group 12
Titles Act 1980; 13
(c) a lot shown on a leasehold building units plan registered 14
or to be registered under the South Bank Corporation 15
Act 1989. 16
(3) Despite subsections (1) and (2), the following property is not 17
residential property-- 18
(a) a single parcel of land on which a place of residence is 19
constructed or being constructed if all or part of the land 20
is used substantially for industry, commerce or primary 21
production; 22
(b) a single parcel of vacant land, if-- 23
(i) the property is in a non-residential area; or 24
(ii) the property is in a residential area, but only if a 25
local government has approved development for all 26
or a part of the land, the development is other than 27
for residential purposes and the approval is current; 28
or 29
(iii) all or part of the land is used substantially for 30
industry, commerce or primary production. 31
(4) In this section-- 32
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Property Agents Bill 2010
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[s 15]
development see the Sustainable Planning Act 2009, section 1
7. 2
non-residential area means an area other than a residential 3
area. 4
planning scheme see the Sustainable Planning Act 2009, 5
section 79. 6
residential area means an area identified on a map in a 7
planning scheme as an area for residential purposes. 8
residential purposes includes rural residential purposes and 9
future residential purposes. 10
vacant land means land on which there are no structural 11
improvements, other than fencing. 12
15 Meaning of unsolicited invitation 13
(1) An unsolicited invitation to a person to attend a property 14
information session includes an invitation-- 15
(a) addressed personally to the person and sent to the 16
person's residential, business, postal or email address; or 17
(b) made by telephoning the person, or by another personal 18
approach to the person. 19
(2) An invitation to a person to attend a property information 20
session is not an unsolicited invitation if it is-- 21
(a) made at the person's request, other than in response to 22
an approach of a kind mentioned in subsection (1)(b); or 23
(b) made to the public generally or a section of the public by 24
media advertisement; or 25
(c) addressed non-specifically and sent to the person's 26
residential, business, postal or email address. 27
Examples of invitations addressed non-specifically-- 28
· `The owner' 29
· `The householder' 30
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Property Agents Bill 2010
Part 1 Preliminary
[s 16]
16 Difference between exclusive agency and sole agency 1
(1) The only difference between an exclusive agency and a sole 2
agency is the extent of the entitlement of a selling agent to 3
receive an agreed commission or other reward on the sale of 4
particular property. 5
(2) Under an exclusive agency, a selling agent is entitled, on the 6
sale of particular property and in accordance with the terms of 7
an agreement with the seller of the property, to receive an 8
agreed commission or other reward, whether or not the selling 9
agent is the effective cause of the sale. 10
(3) However, if the sale was subject to a sole agency, the selling 11
agent would not be entitled to the commission or other reward 12
if the seller was the effective cause of the sale. 13
Example-- 14
Facts--S is the owner of a place of residence that S appoints R to sell. B 15
buys the place of residence. 16
Assume for the example that in the following cases the following 17
persons are the effective cause of the sale-- 18
case 1--R 19
case 2--X (another property agent) 20
case 3--M (S's mother) 21
case 4--S. 22
If the selling agent is appointed under an exclusive agency, R is entitled 23
to an agreed commission or other reward in accordance with the terms 24
of R's agreement with S in cases 1, 2, 3 and 4. If the selling agent is 25
appointed under a sole agency, R is entitled to an agreed commission or 26
other reward in accordance with the terms of R's agreement with S only 27
in cases 1, 2 and 3. 28
(4) In this section-- 29
seller, of property, means the person authorising the sale of 30
the property. 31
selling agent, of property, means a property agent appointed 32
under a written agreement under this Act by the seller to sell 33
the property. 34
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Property Agents Bill 2010
Part 2 Licensing
[s 17]
Part 2 Licensing 1
Division 1 Categories of licence 2
17 Categories of licence 3
The chief executive may issue the following categories of 4
licence under this Act-- 5
(a) property agent licence (real estate agent and auctioneer); 6
(b) resident letting agent licence. 7
Division 2 Limited property agent licence 8
18 Limited property agent licence 9
(1) The chief executive may issue a property agent licence 10
(limited property agent licence) of a type prescribed under a 11
regulation, that authorises the performance of activities that 12
are more limited than the activities that may be performed 13
under an unconditional property agent licence. 14
(2) A regulation may prescribe-- 15
(a) the activities that may be performed under a limited 16
property agent licence; and 17
(b) the educational requirements for obtaining a limited 18
property agent licence. 19
Division 3 How to obtain a licence 20
19 Steps involved in obtaining a licence 21
(1) A person who wishes to obtain a licence must be a suitable 22
person to hold a licence under division 5. 23
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Property Agents Bill 2010
Part 2 Licensing
[s 20]
(2) The person must apply for the licence by-- 1
(a) giving the chief executive an application showing, 2
among other things, the person is eligible to obtain the 3
licence; and 4
(b) paying-- 5
(i) the fees prescribed under a regulation; and 6
(ii) if, before or when the application is made, a 7
criminal history costs requirement is made of the 8
applicant--the amount of the costs required to be 9
paid; and 10
(c) giving the chief executive the other information required 11
under section 21 and, if the person is required under 12
section 189 to keep a trust account or special trust 13
account, section 24. 14
(3) In deciding the person's application, the chief executive must 15
have regard, among other things, to-- 16
(a) the person's suitability to hold a licence under this Act; 17
and 18
(b) the person's eligibility to hold the licence. 19
Division 4 Applications for licence 20
20 Application for licence 21
(1) An applicant for a licence must-- 22
(a) apply to the chief executive in the approved form; and 23
(b) state the category of licence being applied for; and 24
(c) state the term of the licence being applied for; and 25
(d) establish the applicant's eligibility for the category of 26
licence being applied for; and 27
(e) state the names and addresses of the applicant's business 28
associates; and 29
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Property Agents Bill 2010
Part 2 Licensing
[s 21]
(f) provide any information the chief executive reasonably 1
requires to decide whether the applicant is a suitable 2
person to hold a licence. 3
(2) The application must be accompanied by-- 4
(a) the application fee prescribed under a regulation; and 5
(b) the licence issue fee prescribed under a regulation; and 6
(c) if, before or when the application is made, a criminal 7
history costs requirement is made of the applicant--the 8
amount of the costs required to be paid. 9
21 Applicant must state business address 10
(1) The applicant must also state in the applicant's application-- 11
(a) if the applicant intends carrying on business under the 12
licence immediately after the issue of the licence--the 13
place or places in Queensland where the applicant 14
proposes to carry on business under the licence; or 15
(b) if the applicant does not intend carrying on business 16
under the licence immediately after the issue of the 17
licence-- 18
(i) the capacity in which the applicant intends 19
performing activities under the licence and the 20
address where the activities are to be performed 21
(business address); and 22
(ii) if the applicant intends to be a person in charge of a 23
licensee's business at a place of business--the 24
name of the applicant's employer and the address 25
of the place of business where the applicant is to be 26
in charge (also a business address). 27
Examples of capacity in which activities may be performed-- 28
· person in charge of a corporation's business 29
· licensed employee of a licensee 30
Example of business address of an employed licensee-- 31
the address of the person's employer's place of business where 32
the person generally reports for work 33
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Property Agents Bill 2010
Part 2 Licensing
[s 22]
(2) If the applicant intends to carry on business under the licence 1
at more than 1 place, the applicant must state in the 2
application the place the applicant intends to be the 3
applicant's principal place of business. 4
(3) A place of business or an address under this section must be a 5
place where a document can be served personally. 6
(4) A place of business or an address must not be a post office 7
box. 8
22 Special provision for applicant for resident letting agent 9
licence 10
(1) This section applies to an applicant for a resident letting agent 11
licence for a building complex. 12
(2) Before the chief executive may issue the licence, the applicant 13
must satisfy the chief executive that the applicant has 14
prescribed approval. 15
Note-- 16
See section 40(2)(d). 17
(3) In this section-- 18
prescribed approval means-- 19
(a) if the applicant is an individual--body corporate 20
approval for the individual or the person by whom the 21
individual is to be employed to carry on a business of 22
letting lots in the building complex under the authority 23
of a licence; or 24
(b) if the applicant is a corporation--body corporate 25
approval for the corporation to carry on a business of 26
letting lots in the building complex under the authority 27
of a licence. 28
23 Requirement to give information or material about 29
application 30
(1) This section applies to an applicant for a licence. 31
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Property Agents Bill 2010
Part 2 Licensing
[s 24]
(2) The chief executive may, by written notice given to the 1
applicant, require the applicant to give the chief executive 2
within a stated reasonable period information or material the 3
chief executive reasonably considers is needed to consider the 4
applicant's application for the licence. 5
(3) The applicant is taken to have withdrawn the application if, 6
within the stated reasonable period, the applicant fails to 7
comply with the chief executive's requirement. 8
24 Applicant intending to carry on business to advise name 9
of auditor 10
(1) If the applicant intends carrying on business under a licence 11
and is required under section 189 to keep a trust account or 12
special trust account, the applicant must-- 13
(a) state in the applicant's application the name and 14
business address of an auditor appointed by the 15
applicant to audit the trust account; and 16
Note-- 17
See the Administration Act, section 26 (Principal licensee must 18
appoint auditor). 19
(b) give the chief executive evidence that the auditor has 20
accepted the appointment as auditor. 21
(2) In this section-- 22
auditor see the Administration Act, section 25. 23
Division 5 Suitability of applicants and 24
licensees 25
25 Suitability of applicants and licensees--individuals 26
(1) An individual is not a suitable person to hold a licence if the 27
person is-- 28
(a) an insolvent under administration; or 29
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Property Agents Bill 2010
Part 2 Licensing
[s 26]
(b) a person who has been convicted, in Queensland or 1
elsewhere, within the preceding 5 years of a serious 2
offence; or 3
(c) currently disqualified from holding a licence or 4
registration certificate; or 5
(d) a person the chief executive decides under section 27 is 6
not a suitable person to hold a licence. 7
(2) An individual who is not a suitable person can not hold a 8
licence. 9
26 Suitability of applicants and licensees--corporations 10
(1) A corporation is not a suitable person to hold a licence if an 11
executive officer of the corporation is-- 12
(a) an insolvent under administration; or 13
(b) a person who has been convicted, in Queensland or 14
elsewhere, within the preceding 5 years of a serious 15
offence; or 16
(c) a person the chief executive decides under section 27 is 17
not a suitable person to hold a licence. 18
(2) A corporation that is not a suitable person can not hold a 19
licence. 20
27 Chief executive must consider suitability of applicants 21
and licensees 22
(1) The chief executive must, when deciding whether a person is 23
a suitable person to hold a licence, consider all of the 24
following things-- 25
(a) the character of the person; 26
(b) the character of the person's business associates; 27
(c) whether the person held a licence under a relevant Act 28
that was suspended or cancelled under the relevant Act; 29
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Property Agents Bill 2010
Part 2 Licensing
[s 27]
(d) whether an amount has been paid from the fund because 1
the person did, or omitted to do, something that gave 2
rise to the claim against the fund; 3
(e) whether the person has been disqualified under a 4
relevant Act from being the holder of a licence within 5
the meaning of the relevant Act, or an executive officer 6
of a corporation; 7
(f) whether, within the previous 5 years, QCAT, the former 8
tribunal or the District Court has made an order under 9
this Act, or the repealed Act, against the person because 10
of the person's involvement as a marketeer of residential 11
property; 12
(g) for an individual-- 13
(i) the person's criminal history; and 14
(ii) whether the person has been an insolvent under 15
administration; and 16
(iii) whether the person has been convicted of an 17
offence against a relevant Act or the 18
Administration Act; and 19
(iv) whether the person is capable of satisfactorily 20
performing the activities of a licensee; and 21
(v) whether the person's name appears in the register 22
of disqualified company directors and other 23
officers under the Corporations Act; 24
Note-- 25
See the Corporations Act, section 1274AA (Register of 26
disqualified company directors and other officers). 27
(h) for a corporation-- 28
(i) whether the corporation has been placed in 29
receivership or liquidation; and 30
(ii) whether an executive officer of the corporation has 31
been an insolvent under administration; and 32
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Property Agents Bill 2010
Part 2 Licensing
[s 28]
(iii) whether an executive officer of the corporation has 1
been convicted of an offence against an Agents Act 2
the Administration Act or the repealed Act; and 3
(iv) whether each executive officer of the corporation is 4
a suitable person to hold a licence; 5
(i) another thing the chief executive may consider under 6
this Act. 7
(2) If the chief executive decides a person is not a suitable person 8
to hold a licence, the chief executive must give the person an 9
information notice about the decision within 14 days after the 10
decision is made. 11
(3) In this section-- 12
fund includes the claim fund under the repealed Act. 13
relevant Act means this Act, an Agents Act, the repealed Act 14
or a corresponding law. 15
28 Public trustee is a suitable person 16
The corporation sole called The Public Trustee of Queensland 17
is taken to be a suitable person to hold a licence. 18
29 Chief executive of department is a suitable person 19
The chief executive of a department is taken to be a suitable 20
person to hold a licence. 21
30 Defence Housing Australia is a suitable person 22
Defence Housing Australia is taken to be a suitable person to 23
hold a licence. 24
31 Investigations about suitability of applicants and 25
licensees 26
(1) The chief executive may make investigations about the 27
following persons to help the chief executive decide whether 28
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Property Agents Bill 2010
Part 2 Licensing
[s 32]
an applicant or licensee is a suitable person to hold a 1
licence-- 2
(a) the applicant or licensee; 3
(b) if the applicant or licensee intends carrying on, or 4
carries on, business in partnership or in conjunction with 5
others--each member of the partnership or each person 6
with whom the applicant or licensee intends carrying on, 7
or carries on, business in partnership or in conjunction; 8
(c) if the applicant or licensee is a corporation--the 9
corporation's executive officers; 10
(d) a business associate of the applicant or licensee. 11
(2) Without limiting subsection (1), the chief executive may ask 12
the commissioner of the police service for a report about the 13
criminal history of any of the persons. 14
(3) The commissioner must give the report to the chief executive. 15
(4) However, the report is required to contain only criminal 16
history in the commissioner's possession or to which the 17
commissioner has access. 18
(5) If the criminal history of the person includes a conviction 19
recorded against the person, the commissioner's report must 20
be written. 21
(6) In this section-- 22
applicant includes a nominated person mentioned in section 23
55(3) or 56(4). 24
32 Costs of criminal history report 25
(1) The chief executive may require an applicant or licensee to 26
pay the reasonable, but no more than actual, costs of obtaining 27
a report under section 31 about-- 28
(a) the applicant or licensee; or 29
(b) if the applicant or licensee intends carrying on, or 30
carries on, business in partnership or in conjunction with 31
others--each member of the partnership or each person 32
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Property Agents Bill 2010
Part 2 Licensing
[s 33]
with whom the applicant or licensee intends carrying on, 1
or carries on, business in partnership or in conjunction; 2
or 3
(c) if the applicant or licensee is a corporation--the 4
corporation's executive officers; or 5
(d) a business associate of the applicant or licensee; or 6
(e) if the applicant has made an application under section 7
55(3) or 56(4)--the person nominated by the applicant 8
under section 55(3) or 56(4). 9
(2) The requirement is a criminal history costs requirement. 10
(3) The requirement is sufficiently made of the applicant or 11
licensee if it is made generally of applicants or licensees of 12
that type in the relevant approved form or notified on the 13
department's website for applicants or licensees of that type. 14
(4) The chief executive must refund to an applicant an amount 15
paid under the requirement if-- 16
(a) the chief executive refuses the application without 17
asking for the report; or 18
(b) the applicant withdraws the application before the chief 19
executive asks for the report. 20
(5) In this section-- 21
applicant includes proposed applicant. 22
33 Confidentiality of criminal history 23
(1) A public service employee performing functions under this 24
Act must not, directly or indirectly, disclose to anyone else a 25
report about a person's criminal history, or information 26
contained in the report, given under section 31. 27
Maximum penalty--100 penalty units. 28
(2) However, the person does not contravene subsection (1) if-- 29
(a) disclosure of the report or information to someone else 30
is authorised by the chief executive to the extent 31
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Property Agents Bill 2010
Part 2 Licensing
[s 34]
necessary to perform a function under or relating to this 1
Act; or 2
(b) the disclosure is otherwise required or permitted by law. 3
(3) The chief executive must destroy a written report about a 4
person's criminal history as soon as practicable after 5
considering the person's suitability to hold a licence. 6
34 Requirement to give chief executive information or 7
material about suitability 8
(1) This section applies to an applicant for the issue of a licence 9
or the renewal or restoration of a licence. 10
(2) The chief executive may, by written notice given to the 11
applicant, require the applicant to give the chief executive 12
within a stated reasonable period information or material the 13
chief executive reasonably considers is needed to establish the 14
applicant's suitability for the licence. 15
(3) The applicant is taken to have withdrawn the application if, 16
within the stated reasonable period, the applicant fails to 17
comply with the chief executive's requirement. 18
Division 6 Eligibility for licence 19
Subdivision 1 Property agent licence 20
35 Eligibility for property agent licence 21
(1) An individual is eligible to obtain a property agent licence 22
only if the individual-- 23
(a) is at least 18 years; and 24
(b) has the educational or other qualifications for a property 25
agent licence prescribed under a regulation. 26
Page 39
Property Agents Bill 2010
Part 2 Licensing
[s 36]
(2) An individual is to be taken to satisfy the requirement 1
mentioned in subsection (1)(b) if the chief executive is 2
satisfied the individual-- 3
(a) has a comparable qualification; or 4
(b) within 2 years before the day the individual's 5
application for a property agent licence is received by 6
the chief executive-- 7
(i) has been licensed as a property agent; or 8
(ii) has been the holder of a comparable licence under 9
the repealed Act. 10
(3) A corporation is eligible to obtain a property agent licence 11
only if-- 12
(a) a person in charge of the corporation's business is a 13
property agent; and 14
(b) each director of the corporation would be a suitable 15
person under division 5 if the director were an applicant 16
for a licence. 17
Subdivision 2 Resident letting agent licence 18
36 Eligibility for resident letting agent licence 19
(1) An individual is eligible to obtain a resident letting agent 20
licence for a building complex only if the individual-- 21
(a) is at least 18 years; and 22
(b) has the educational or other qualifications for a resident 23
letting agent licence prescribed under a regulation; and 24
(c) satisfies the chief executive that the individual-- 25
(i) resides, or will reside if issued with a licence, in 26
the building complex or, if the individual proposes 27
to perform the activities of a resident letting agent 28
for more than 1 building complex, in 1 of the 29
building complexes; and 30
Page 40
Property Agents Bill 2010
Part 2 Licensing
[s 36]
(ii) has a place, or will have a place if issued with a 1
licence, in the building complex or, if the 2
individual proposes to perform the activities of a 3
resident letting agent for more than 1 building 4
complex, in 1 of the building complexes, that will 5
be the individual's registered office. 6
(2) An individual is taken to satisfy the requirement mentioned in 7
subsection (1)(b) if the chief executive is satisfied the 8
individual-- 9
(a) has a comparable qualification; or 10
(b) within 2 years before the day the individual's 11
application for a resident letting agent licence is 12
received by the chief executive-- 13
(i) has been licensed as a resident letting agent or 14
property agent; or 15
(ii) has been the holder of a comparable licence under 16
the repealed Act. 17
(3) A corporation is eligible to obtain a resident letting agent 18
licence for a building complex only if-- 19
(a) a person in charge of the corporation's business is a 20
resident letting agent; and 21
(b) each director of the corporation would be a suitable 22
person under division 5 if the director were an applicant 23
for a licence; and 24
(c) the corporation satisfies the chief executive that-- 25
(i) the corporation has body corporate approval for the 26
corporation to carry on a business of letting lots in 27
the building complex under the authority of a 28
licence; and 29
(ii) the individual who will perform the activities of a 30
resident letting agent for the corporation-- 31
(A) is a resident letting agent; and 32
(B) resides, or will reside if the corporation is 33
issued with a licence, in the building 34
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Property Agents Bill 2010
Part 2 Licensing
[s 37]
complex or, if the individual proposes to 1
perform the activities of a resident letting 2
agent for the corporation for more than 1 3
building complex, in 1 of the building 4
complexes; and 5
(C) has a place, or will have a place if issued 6
with a licence, in the building complex or, if 7
the individual proposes to perform the 8
activities of a resident letting agent for the 9
corporation for more than 1 building 10
complex, that will be the individual's 11
registered office. 12
(4) An individual who satisfies the chief executive that the 13
individual will be a director of a corporation that is a resident 14
letting agent is not required to comply with subsection 15
(1)(c)(i) if the individual does not intend performing the 16
activities of a resident letting agent for the building complex. 17
Subdivision 3 Chief executives and particular 18
corporation sole 19
37 Public trustee is eligible to obtain licence 20
The public trustee as a corporation sole is taken to be eligible 21
to obtain a licence. 22
38 Chief executive of department is eligible to obtain licence 23
The chief executive of a department is taken to be eligible to 24
obtain a licence. 25
39 Defence Housing Australia is eligible to obtain licence 26
Defence Housing Australia is taken to be eligible to obtain a 27
licence. 28
Page 42
Property Agents Bill 2010
Part 2 Licensing
[s 40]
Division 7 Issue of licences 1
40 Chief executive may issue or refuse to issue licence 2
(1) The chief executive may issue or refuse to issue a licence to 3
an applicant. 4
(2) The chief executive may issue a licence to an applicant only if 5
the chief executive is satisfied-- 6
(a) the applicant is a suitable person to hold a licence and-- 7
(i) if the applicant intends carrying on business in 8
partnership or in conjunction with others--each 9
member of the partnership or each person with 10
whom the applicant intends carrying on business in 11
conjunction is a suitable person to hold a licence; 12
and 13
(ii) if the applicant is a corporation--each executive 14
officer of the corporation is a suitable person to 15
hold a licence; and 16
(b) the applicant is eligible to obtain a licence of the 17
category of licence being applied for; and 18
(c) the application is properly made; and 19
(d) if the application is for a resident letting agent licence 20
for a building complex--the applicant has the 21
prescribed approval under section 22. 22
(3) For subsection (2)(c), an application is properly made only if 23
it complies with section 20 and is accompanied by the things 24
mentioned in that section. 25
(4) If the chief executive decides to refuse to issue the licence, the 26
chief executive must give the applicant an information notice 27
about the decision within 14 days after the decision is made. 28
(5) If the applicant's application for a licence is refused, the 29
applicant may not make another application for a licence-- 30
(a) for 3 months after the day the chief executive gives the 31
applicant the information notice under subsection (4); or 32
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Property Agents Bill 2010
Part 2 Licensing
[s 41]
(b) if the applicant applies to QCAT to review the chief 1
executive's decision and the decision is confirmed, for 3 2
months after the day the decision is confirmed. 3
(6) Subsection (5) does not apply if-- 4
(a) the applicant is a corporation; and 5
(b) the applicant satisfies the chief executive that, because 6
of a genuine sale-- 7
(i) no person who was a shareholder of, or held a 8
beneficial interest in, the corporation when the 9
refused application was made is a shareholder of, 10
or holds a beneficial interest in, the applicant 11
corporation; and 12
(ii) no person who was in a position to control or 13
influence the affairs of the corporation when the 14
refused application was made is in a position to 15
control or influence the affairs of the applicant 16
corporation. 17
41 Licence--public trustee 18
(1) The chief executive may issue a licence to the public trustee in 19
the public trustee's capacity as a corporation sole in the name 20
`The Public Trustee of Queensland'. 21
(2) A licence issued to the public trustee authorises an officer or 22
employee of the public trustee to perform any activity 23
authorised by the public trustee that the public trustee may 24
perform under the licence. 25
(3) To remove any doubt, it is declared that an officer or 26
employee performing an activity authorised by the public 27
trustee is not required to be licensed or registered under this 28
Act to perform the activity. 29
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Property Agents Bill 2010
Part 2 Licensing
[s 42]
42 Licence--chief executive of department 1
(1) The chief executive may issue a licence to the chief executive 2
of a department in the name `The Chief Executive of the 3
(name of department)'. 4
(2) The licence is taken to be issued to the chief executive for the 5
time being of the department. 6
(3) The chief executive of a department, as licensee, is taken to 7
represent the State. 8
(4) A licence issued to the chief executive authorises an officer or 9
employee of the department of which the chief executive is 10
chief executive to perform any activity authorised by the chief 11
executive that the chief executive may perform under the 12
licence. 13
(5) To remove any doubt, it is declared that an officer or 14
employee performing an activity authorised by the chief 15
executive is not required to be licensed or registered under this 16
Act to perform the activity. 17
43 Licence--Defence Housing Australia 18
(1) The chief executive may issue a licence to Defence Housing 19
Australia in the name `Defence Housing Australia'. 20
(2) A licence issued to Defence Housing Australia authorises an 21
officer or employee of the authority to perform any activity 22
authorised by the authority that the authority may perform 23
under the licence. 24
(3) To remove any doubt, it is declared that an officer or 25
employee performing an activity authorised by the authority is 26
not required to be licensed or registered under this Act to 27
perform the activity. 28
44 Licence--conditions 29
(1) The chief executive may issue a licence on the conditions the 30
chief executive considers necessary or desirable for the proper 31
performance of the activities authorised by the licence. 32
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Property Agents Bill 2010
Part 2 Licensing
[s 45]
(2) Without limiting subsection (1), a condition may-- 1
(a) limit or prohibit the performance of an activity 2
authorised under this Act or the Administration Act; or 3
(b) require a licensee to hold insurance of a kind and in an 4
amount prescribed under a regulation. 5
(3) If the chief executive decides to issue a licence on condition, 6
the chief executive must give the applicant an information 7
notice about the decision within 14 days after the decision is 8
made. 9
Division 8 Restrictions on performing 10
activities under licences 11
45 Restriction--corporations 12
(1) A corporation that holds a licence may perform an activity 13
under its licence at a place only if the activity may be 14
performed by-- 15
(a) a licensed person who is in charge of the corporation's 16
business at the place; or 17
(b) a liquidator or controller appointed under the 18
Corporations Act of property of the corporation; or 19
(c) a person appointed under the Corporations Act as an 20
administrator of the corporation; or 21
(d) a person appointed under the Corporations Act as an 22
administrator of a deed of company arrangement for the 23
corporation; or 24
(e) a receiver, appointed under the Administration Act, for 25
property of the corporation. 26
(2) If the corporation performs an activity it is not authorised to 27
perform, it is taken to be a person who acts as a licensee 28
without a licence for the performance of the activity. 29
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Property Agents Bill 2010
Part 2 Licensing
[s 46]
46 Restriction--individuals 1
(1) An individual who is an employed licensee may perform an 2
activity authorised under the individual's licence only if the 3
activity may also be performed by the individual's employer 4
under the employer's licence. 5
Example-- 6
E is a licensed employee of P, a property agent. E's licence is not subject 7
to a condition. However, P's licence is subject to a condition that P deal 8
only in business letting. Because of the condition, E is only authorised 9
to deal in business letting under E's licence during E's employment with 10
P and while P is subject to the condition. 11
(2) If the employed licensee performs an activity the employed 12
licensee is not authorised to perform because of subsection 13
(1), the employed licensee is taken to be a person who acts as 14
a licensee without a licence for the performance of the 15
activity. 16
47 Restriction--conditions 17
(1) This section applies to a licensee who performs an activity 18
under the licensee's licence that the licensee is not authorised 19
to perform because of a condition on the licensee's licence. 20
(2) The licensee is taken to be a person who acts as a licensee 21
without a licence for the performance of the activity. 22
Note-- 23
For the consequences of a licensee performing an activity that the 24
licensee is not authorised to perform because of a condition on the 25
licensee's licence, see sections 108 and 120. 26
Page 47
Property Agents Bill 2010
Part 2 Licensing
[s 48]
Division 9 Renewal and restoration of licences 1
Subdivision 1 Renewal 2
48 Application for renewal 3
(1) A licensee may only apply for renewal of the licensee's 4
licence before the licence expires. 5
(2) The application must-- 6
(a) be made to the chief executive in the approved form; and 7
(b) state the term of the licence being applied for; and 8
(c) state the names and addresses of the licensee's business 9
associates; and 10
(d) be accompanied by-- 11
(i) the application fee prescribed under a regulation; 12
and 13
(ii) the licence renewal fee prescribed under a 14
regulation; and 15
(iii) if the licensee is required as a condition of the 16
licensee's licence to hold insurance, proof of the 17
currency of the insurance; and 18
(iv) if, before or when the application is made, a 19
criminal history costs requirement is made of the 20
licensee--the amount of the costs required to be 21
paid. 22
(3) The application must also be accompanied by-- 23
(a) an audit report for all trust accounts kept by the licensee 24
during the relevant audit period; or 25
(b) a statutory declaration that the licensee did not operate a 26
trust account during the relevant audit period. 27
(4) The licensee must also satisfy the chief executive that the 28
licensee has actively carried out the activities authorised 29
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[s 49]
under the licence for a period, and within the period, 1
prescribed under a regulation. 2
(5) In this section-- 3
relevant audit period, for a licensee's licence, means the audit 4
period ending immediately before the licence's expiry date. 5
49 Chief executive may renew or refuse to renew licence 6
(1) The chief executive must consider the renewal application and 7
may renew or refuse to renew the licence. 8
(2) The chief executive may renew the licence only if the chief 9
executive is satisfied-- 10
(a) the licensee is a suitable person to hold a licence and-- 11
(i) if the licensee carries on business in partnership or 12
in conjunction with others--each member of the 13
partnership or each person with whom the licensee 14
carries on business in conjunction is a suitable 15
person to hold a licence; and 16
(ii) if the licensee is a corporation--each executive 17
officer of the corporation is a suitable person to 18
hold a licence; and 19
(b) the application is properly made; and 20
(c) the licensee has, as a principal licensee, licensee in 21
charge of a corporation's business or employed licensee, 22
actively carried out the activities authorised under the 23
licence for a period, and within the period, prescribed 24
under a regulation; and 25
(d) the licensee meets the eligibility requirements, other 26
than eligibility requirements of an educational nature, 27
for the licence. 28
(3) For subsection (2)(b), an application is properly made only if 29
it complies with section 48 and is accompanied by the things 30
mentioned in that section. 31
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[s 50]
(4) If the chief executive decides to refuse the application, the 1
chief executive must give the applicant an information notice 2
about the decision within 14 days after the decision is made. 3
50 Licence taken to be in force while application for renewal 4
is considered 5
If an application is made under section 48, the licensee's 6
licence is taken to continue in force from the day that it 7
would, apart from this section, have expired until the 8
licensee's application for renewal is-- 9
(a) decided under section 49; or 10
(b) withdrawn by the licensee; or 11
(c) taken to have been withdrawn under section 34(3). 12
Subdivision 2 Restoration 13
51 Application for restoration 14
(1) If a licensee's licence expires, the person (former licensee) 15
may apply for restoration of the licence. 16
(2) The application must-- 17
(a) be made within 3 months after the expiry; and 18
(b) be made to the chief executive in the approved form; and 19
(c) state the term of the licence being applied for; and 20
(d) state the names and addresses of the former licensee's 21
business associates; and 22
(e) be accompanied by-- 23
(i) the application fee prescribed under a regulation; 24
and 25
(ii) the licence renewal fee prescribed under a 26
regulation; and 27
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[s 52]
(iii) the licence restoration fee prescribed under a 1
regulation; and 2
(iv) if the former licensee was required as a condition 3
of the former licensee's licence to hold 4
insurance--proof of the currency of the insurance; 5
and 6
(v) if, before or when the application is made, a 7
criminal history costs requirement is made of the 8
former licensee--the amount of the costs required 9
to be paid. 10
(3) The application must also be accompanied by-- 11
(a) an audit report about all trust accounts maintained by the 12
former licensee during the relevant audit period; or 13
(b) a statutory declaration that the former licensee did not 14
operate a trust account during the relevant audit period. 15
(4) The former licensee must also satisfy the chief executive that 16
the former licensee has, as a licensee or salesperson, actively 17
carried out the activities authorised under the licence for a 18
period, and within the period, prescribed under a regulation. 19
(5) In this section-- 20
relevant audit period, for a former licensee's licence, means 21
the audit period ending immediately before the former 22
licence's expiry date. 23
52 Chief executive may restore or refuse to restore licence 24
(1) The chief executive must consider the restoration application 25
and may restore or refuse to restore the licence. 26
(2) The chief executive may restore the licence only if the chief 27
executive is satisfied-- 28
(a) the licensee is a suitable person to hold a licence and-- 29
(i) if the licensee carries on, or intends to carry on, 30
business in partnership or in conjunction with 31
others--each member of the partnership or each 32
person with whom the licensee carries on business 33
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[s 53]
in conjunction is a suitable person to hold a 1
licence; and 2
(ii) if the licensee is a corporation--each executive 3
officer of the corporation is a suitable person to 4
hold a licence; and 5
(b) the application is properly made; and 6
(c) the licensee has, as a principal licensee or employed 7
licensee, actively carried out the activities authorised 8
under the licence for a period, and within the period, 9
prescribed under a regulation; and 10
(d) the licensee meets the eligibility requirements, other 11
than eligibility requirements of an educational nature, 12
for the licence. 13
(3) For subsection (2)(b), an application is properly made only if 14
it complies with section 51 and is accompanied by the things 15
mentioned in that section. 16
(4) If the chief executive decides to refuse the application, the 17
chief executive must give the licensee an information notice 18
about the decision within 14 days after the decision is made. 19
(5) If the chief executive restores the licence-- 20
(a) the licence is taken to have been renewed on the day it 21
would, apart from section 53, have expired (the initial 22
expiry date); and 23
(b) to remove any doubt, a thing done during the period 24
starting on the initial expiry date and ending on the day 25
the licence is restored under this section is taken to have 26
been as validly done as it would have been if the licence 27
had been renewed immediately before the initial expiry 28
date. 29
53 Licence taken to be in force while application for 30
restoration is considered 31
If an application is made under section 51, the licensee's 32
licence is taken to continue in force from the day that it 33
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[s 54]
would, apart from this section, have expired until the 1
licensee's application for restoration is-- 2
(a) decided under section 52; or 3
(b) withdrawn by the licensee; or 4
(c) taken to have been withdrawn under section 34(3). 5
Division 10 Dealings with licences 6
Subdivision 1 Transfer of licence 7
54 Transfer of licence prohibited 8
A licence may not be transferred. 9
Subdivision 2 Substitute licences 10
55 Appointment of substitute licensee--principal 11
licensee--individual 12
(1) A principal licensee may appoint an adult as the licensee's 13
substitute licensee for a period of not more than 30 days only 14
if-- 15
(a) the licensee will be absent from the licensee's registered 16
office for the period; and 17
(b) the adult consents to the appointment; and 18
(c) if the licensee is required as a condition of the licensee's 19
licence to hold insurance, the adult is covered by the 20
insurance or holds insurance that complies with the 21
requirements of the condition. 22
(2) The principal licensee must ensure-- 23
(a) an appointment under subsection (1) and the substitute 24
licensee's consent to the appointment are in writing and 25
state the period of appointment; and 26
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[s 55]
(b) the appointment, consent and evidence of any insurance 1
the substitute licensee is required to have are-- 2
(i) kept at the licensee's registered office; and 3
(ii) made available for immediate inspection by an 4
inspector who asks to see them. 5
Maximum penalty--100 penalty units. 6
(3) A principal licensee who will be absent from the licensee's 7
registered office for a period of more than 30 days must apply 8
to the chief executive in the approved form for the 9
appointment or the extension of the appointment of an adult 10
(nominated person) as the licensee's substitute licensee. 11
Maximum penalty--200 penalty units. 12
(4) If the principal licensee is a person for whom an administrator 13
has been appointed under the Guardianship and 14
Administration Act 2000 or is deceased, the licensee's 15
representative may make the application under subsection (3). 16
(5) The application must be accompanied by-- 17
(a) the nominated person's signed consent to the 18
appointment; and 19
(b) enough information about the nominated person to 20
enable the chief executive to decide whether the 21
person-- 22
(i) is a suitable person to hold a licence; and 23
(ii) is sufficiently qualified to perform the licensee's 24
activities during the period; and 25
(iii) if the licensee is required as a condition of the 26
licensee's licence to hold insurance, is covered by 27
the insurance or holds insurance that complies with 28
the requirements of the condition; and 29
(c) the application fee prescribed under a regulation; and 30
(d) if, before or when the application is made, a criminal 31
history costs requirement is made of the principal 32
licensee--the amount of the costs required to be paid. 33
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Part 2 Licensing
[s 56]
(6) In this section-- 1
principal licensee means a principal licensee who is an 2
individual. 3
representative, of a principal licensee, means-- 4
(a) for a licensee for whom an administrator has been 5
appointed under the Guardianship and Administration 6
Act 2000--the licensee's administrator; or 7
(b) for a deceased licensee--the licensee's personal 8
representative. 9
56 Appointment of substitute licensee--employed licensee 10
in charge of a licensee's business at a place 11
(1) This section applies if an employed licensee who is in charge 12
of a licensee's business at a place will be absent from the 13
place for any reason, other than the employed licensee's 14
resignation or termination of employment. 15
(2) If the employed licensee will be absent from the place for a 16
period of not more than 30 days, the principal licensee who 17
employs the employed licensee may appoint an adult as the 18
employed licensee's substitute licensee for the period if the 19
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 22
are-- 23
(a) in writing and state the period of appointment; and 24
(b) kept at the licensee's registered office; and 25
(c) made available for immediate inspection by an inspector 26
who asks to see them. 27
Maximum penalty--100 penalty units. 28
(4) If the employed licensee will be absent from the place for a 29
period of more than 30 days, the principal licensee who 30
employs the employed licensee must apply to the chief 31
executive in the approved form for the appointment or the 32
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[s 57]
extension of the appointment of a person (nominated person) 1
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 5
appointment; and 6
(b) enough information about the nominated person to 7
enable the chief executive to decide whether the person 8
is-- 9
(i) a suitable person to hold a licence; and 10
(ii) sufficiently qualified to perform the employed 11
licensee's activities during the period; and 12
(c) the application fee prescribed under a regulation; and 13
(d) if, before or when the application is made, a criminal 14
history costs requirement is made of the principal 15
licensee--the amount of the costs required to be paid. 16
(6) In this section-- 17
principal licensee includes-- 18
(a) for a licensee for whom an administrator has been 19
appointed under the Guardianship and Administration 20
Act 2000--the licensee's administrator; and 21
(b) for a deceased licensee--the licensee's personal 22
representative. 23
57 Chief executive may appoint or refuse to appoint 24
substitute licensee 25
(1) The chief executive may appoint or refuse to appoint a 26
nominated person mentioned in section 55(3) or 56(4) as a 27
licensee's substitute licensee. 28
(2) The chief executive may appoint the nominated person only if 29
the chief executive is satisfied the person-- 30
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Part 2 Licensing
[s 58]
(a) is, under division 5, a suitable person to hold a licence; 1
and 2
(b) is sufficiently qualified to perform the licensee's 3
activities during the period of the licensee's absence; 4
and 5
(c) if the licensee is required as a condition of the licensee's 6
licence to hold insurance, is covered by the insurance or 7
holds insurance that complies with the requirements of 8
the condition. 9
(3) An appointment under this section may be made subject to the 10
conditions the chief executive considers appropriate. 11
(4) The chief executive must give written notice of the 12
appointment to the licensee and the substitute licensee. 13
(5) If the chief executive decides to refuse the application or to 14
impose conditions on the appointment, the chief executive 15
must give the licensee an information notice about the 16
decision within 14 days after the decision is made. 17
58 Substitute licensee 18
(1) On appointment, a substitute licensee-- 19
(a) must act as substitute for the licensee for whom the 20
substitute is appointed; and 21
(b) is taken to be the licensee during the period of 22
appointment. 23
(2) A licensee for whom a substitute has been appointed must not 24
act under the authority of the licensee's licence while the 25
appointment of the substitute licensee continues. 26
Maximum penalty--200 penalty units. 27
(3) The appointment of the substitute licensee ends if-- 28
(a) the period of appointment ends; or 29
(b) the principal licensee gives written notice to end the 30
appointment from a date stated in the notice-- 31
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(i) for a substitute licensee appointed under section 1
55(1) or 56(2)--to the substitute licensee; or 2
(ii) for a substitute licensee appointed under section 3
57--to the chief executive and the substitute 4
licensee; or 5
(c) the substitute licensee gives written notice to end the 6
appointment from a date stated in the notice-- 7
(i) for a substitute licensee appointed under section 8
55(1) or 56(2)--to the principal licensee making 9
the appointment; or 10
(ii) for a substitute licensee appointed under section 11
57--to the chief executive and the principal 12
licensee who applied for the appointment; or 13
(d) the chief executive revokes the substitute licensee's 14
appointment; or 15
(e) the licensee's licence is suspended or cancelled; or 16
(f) if the licensee is a principal licensee, the licensee stops 17
carrying on business as a licensee. 18
59 Limitation on period of substitution 19
(1) A principal licensee may not appoint a substitute licensee for 20
himself or herself for more than 12 weeks in any period of 12 21
months. 22
(2) A principal licensee may not appoint a substitute licensee for 23
an employed licensee for more than 12 weeks in any period of 24
12 months. 25
(3) The chief executive may not appoint a substitute licensee for 26
any licensee for more than 26 weeks in any period of 12 27
months. 28
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[s 60]
Subdivision 3 General 1
60 Amendment of licence conditions 2
(1) The chief executive may amend the conditions of a licence-- 3
(a) on the licensee's application; or 4
(b) on the order of QCAT after a disciplinary hearing; or 5
(c) on the chief executive's own initiative. 6
Note-- 7
QCAT may deal with the conditions of a person's licence under section 8
211. 9
(2) An application under subsection (1)(a) must be made in the 10
approved form and be accompanied by the application fee 11
prescribed under a regulation. 12
(3) Before making an amendment under subsection (1)(a), the 13
chief executive must be satisfied the licensee meets the 14
eligibility requirements the chief executive considers relevant 15
to the amendment of the condition. 16
(4) Before making an amendment under subsection (1)(c), the 17
chief executive must-- 18
(a) give written notice to the licensee-- 19
(i) of the particulars of the proposed amendment; and 20
(ii) that the licensee may make written submissions to 21
the chief executive about the proposed amendment 22
before a stated day, not later than 14 days after the 23
notice is given to the licensee; and 24
(b) have regard to submissions made to the chief executive 25
by the licensee before the stated day. 26
(5) Subsection (4) does not apply if the chief executive decides 27
that the amendment must be made urgently-- 28
(a) to avoid potential claims against the fund; or 29
(b) to ensure compliance with this Act or the 30
Administration Act. 31
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[s 61]
(6) If the chief executive decides to amend the conditions of a 1
licence under subsection (1)(c), the chief executive must give 2
the licensee an information notice about the decision within 3
14 days after the decision is made. 4
(7) The amendment takes effect-- 5
(a) on the day the written notice of the amendment is given 6
to the licensee; or 7
(b) if a later day is stated in the notice, on the stated day. 8
(8) If the chief executive decides to refuse to make an amendment 9
requested under subsection (1)(a), the chief executive must 10
give the applicant an information notice about the decision 11
within 14 days after the decision is made. 12
61 Return of licence for amendment of conditions or when 13
suspended or cancelled 14
(1) If the chief executive amends the conditions of a licence under 15
section 60, the chief executive may require the licensee to 16
produce the licence for amendment within a stated period of 17
not less than 14 days. 18
(2) The licensee must comply with a requirement under 19
subsection (1), unless the person has a reasonable excuse. 20
Maximum penalty--100 penalty units. 21
(3) A person whose licence has been suspended or cancelled must 22
return the licence to the chief executive within 14 days after 23
the suspension or cancellation, unless the person has a 24
reasonable excuse. 25
Maximum penalty--100 penalty units. 26
62 Surrender of licence 27
(1) A licensee may surrender the licensee's licence by giving 28
written notice to the chief executive and returning the licence. 29
(2) A licence surrendered under this section stops having effect 30
on the day it is surrendered. 31
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63 Licence may be deactivated 1
(1) A licensee may ask the chief executive to deactivate the 2
licensee's licence. 3
(2) A request under subsection (1) must be made in the approved 4
form and be accompanied by the licensee's licence and the fee 5
prescribed under a regulation. 6
(3) The licence is taken to be deactivated when the request, the 7
licence and the prescribed fee are received by the chief 8
executive under subsection (2). 9
(4) A licence that is deactivated does not authorise the licensee to 10
perform an activity under the authority of the licence. 11
(5) The deactivation of a licence under this section does not-- 12
(a) affect the term of the licence; or 13
(b) entitle the licensee to a refund of fees relating to the 14
licence for the balance of the licence's term. 15
(6) The holder of a deactivated licence may apply to have the 16
licence renewed under section 48 or restored under section 51 17
as a deactivated licence at a reduced fee prescribed under a 18
regulation. 19
(7) A licensee may ask the chief executive to reactivate the 20
licence. 21
(8) However, if the licence has been deactivated for 5 years or 22
more, the licence may be reactivated only if the licensee 23
satisfies any educational or other requirements prescribed 24
under a regulation for the issue of the licence. 25
(9) A request under subsection (7) must be made in the approved 26
form and be accompanied by the fee prescribed under a 27
regulation. 28
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[s 64]
Division 11 Immediate suspension and 1
cancellation of licences 2
64 Immediate suspension 3
(1) This section applies if-- 4
(a) the chief executive reasonably considers that a licensee's 5
licence was obtained, or renewed or restored, because of 6
materially incorrect or misleading information; or 7
(b) the chief executive reasonably considers that an 8
irregularity or deficiency exists in a licensee's trust 9
account; or 10
(c) the chief executive is satisfied a licensee who has been 11
convicted of failing to file an audit report as required 12
under the Administration Act, section 36 continues, 13
after the end of any appeal against the conviction, to fail 14
to file the audit report; or 15
(d) a receiver is appointed under the Administration Act, 16
section 45 over property-- 17
(i) held by a licensee; or 18
(ii) held by another person for a licensee; or 19
(iii) recoverable by a licensee; or 20
(e) the chief executive reasonably considers that a 21
licensee-- 22
(i) has contravened or is contravening this Act or the 23
Administration Act; or 24
(ii) has contravened the repealed Act; or 25
(ii) is likely or proposing to engage in conduct that 26
would contravene this Act or the Administration 27
Act. 28
(2) The chief executive may, whether or not disciplinary 29
proceedings have been started under this Act-- 30
(a) suspend the licensee's licence; or 31
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[s 65]
(b) without limiting paragraph (a), for subsection (1)(b), 1
suspend a licence held by an employee of the licensee if 2
the chief executive considers, on reasonable grounds, 3
the employee is responsible in any way for the 4
irregularity or deficiency in the licensee's trust account. 5
(3) If the chief executive suspends a licence for a reason 6
mentioned in subsection (1)(a), (b), (d) or (e), the licence may 7
be suspended for the period, of not more than 28 days, and on 8
the conditions, the chief executive decides. 9
(4) If the chief executive suspends the licence for the reason 10
mentioned in subsection (1)(c), the licence is suspended until 11
whichever of the following happens first-- 12
(a) the licensee files the required audit report; 13
(b) an application to QCAT for the cancellation of the 14
licence is heard and decided. 15
(5) The chief executive must give the licensee an information 16
notice about the suspension within 14 days after suspending 17
the licensee's licence. 18
(6) The licensee must return the licence to the chief executive 19
within 14 days after the licensee receives the notice, unless 20
the person has a reasonable excuse. 21
Maximum penalty for subsection (6)--100 penalty units. 22
65 Immediate cancellation 23
(1) A licensee's licence is cancelled on the happening of any of 24
the following events-- 25
(a) the licensee is convicted of a serious offence; 26
(b) if the licensee is an individual, the licensee is an 27
insolvent under administration; 28
(c) if the licensee is a corporation, the licensee has been 29
wound up or struck off under the Corporations Act. 30
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(2) The licensee must return the licence to the chief executive 1
within 14 days after the happening of an event mentioned in 2
subsection (1), unless the licensee has a reasonable excuse. 3
Maximum penalty--100 penalty units. 4
Division 12 General provisions about licences 5
66 Form of licence 6
(1) A licence must be in the approved form. 7
(2) However, the chief executive may approve-- 8
(a) a form of licence for office display purposes; and 9
Example-- 10
a licence in the form of a certificate that may be framed and 11
displayed in an office 12
(b) a form of licence for personal identification purposes. 13
(3) The chief executive may also issue a form of licence for a 14
corporation endorsed with the categories of licence issued in 15
the corporation's name. 16
(4) The licence must contain the following particulars-- 17
(a) the name of the licensee; 18
(b) the date of issue of the licence; 19
(c) the expiry date of the licence; 20
(d) other particulars prescribed under a regulation. 21
67 Display of licence 22
A principal licensee must display the licensee's licence at the 23
licensee's principal place of business in the way prescribed 24
under a regulation. 25
Maximum penalty--100 penalty units. 26
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[s 68]
68 Term of licence 1
A licence may be issued for a 1 year or 3 year term. 2
69 Replacement licences 3
(1) A licensee may apply to the chief executive for the 4
replacement of 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 8
executive is satisfied the licence has been lost, stolen or 9
destroyed, or damaged in a way that would require its 10
replacement. 11
(4) If the chief executive grants the application, the chief 12
executive must issue another licence to the applicant to 13
replace the lost, stolen, destroyed or damaged licence. 14
70 Register of licences 15
(1) The chief executive must keep a register of licences and 16
applications for licences (licence register). 17
(2) The licence register must contain the following particulars-- 18
(a) for each applicant for a licence-- 19
(i) the applicant's name; and 20
(ii) if the applicant intends to carry on business under 21
the licence, the place where the applicant intends 22
to carry on business; and 23
(iii) the category of licence applied for; and 24
(iv) the date of the application; and 25
(v) the application number; 26
(b) for each licensee-- 27
(i) the licensee's name; and 28
(ii) the licensee's registered office; and 29
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[s 70]
(iii) the category of the licensee's licence; and 1
(iv) the dates of issue and expiry of the licensee's 2
current licence; and 3
(v) any conditions imposed on the licence; and 4
(vi) if the licensee is a corporation, the name of the 5
individual in charge of the licensee's business at 6
the licensee's registered office; and 7
(vii) if the licensee is a director of a licensed 8
corporation, the name of the licensed corporation; 9
and 10
(viii) if the licensee is an employee of another licensee, 11
the name of the licensee's employer; and 12
(ix) the licensee's licence number; and 13
(x) particulars of any surrender, suspension or 14
cancellation of the licensee's licence. 15
(3) A person may, on payment of the fee prescribed under a 16
regulation, inspect, or get a copy of details in, the part of the 17
register containing the particulars mentioned in subsection 18
(2)-- 19
(a) at a place or places decided by the chief executive; or 20
(b) by using a computer. 21
(4) A person may pay the fee, in advance or in arrears, under an 22
arrangement approved by the chief executive. 23
(5) The register may be kept in any way the chief executive 24
considers appropriate. 25
(6) In this section-- 26
contain includes record and store. 27
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[s 71]
71 Licensees to notify chief executive of changes in 1
circumstances 2
(1) A licensee must give written notice to the chief executive of a 3
prescribed change in the licensee's circumstances within 14 4
days after the change. 5
Maximum penalty--100 penalty units. 6
(2) In this section-- 7
prescribed change means a change prescribed under a 8
regulation. 9
Part 3 Property agents 10
Division 1 Property agents' authorisation and 11
responsibility 12
72 What a property agent licence authorises 13
(1) A property agent licence authorises the holder of the licence 14
(property agent) to perform the following activities as an 15
agent for others for reward-- 16
(a) to buy, sell, exchange, or let places of residence or land 17
or interests in places of residence or land; 18
(b) to buy, sell, exchange, or let businesses or interests in 19
businesses; 20
(c) to sell, or attempt to sell or offer for sale or resale, 21
something mentioned in paragraph (a) or (b) by way of 22
auction; 23
(d) to negotiate for the buying, selling, exchanging, or 24
letting of something mentioned in paragraph (a) or (b); 25
(e) to collect rents. 26
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(2) A property agent licence also authorises the holder of the 1
licence to perform the activity of selling or attempting to sell 2
or offering for sale or resale goods by way of auction if the 3
sale or resale is directly connected with a sale by auction of a 4
place of residence or land performed by the property agent. 5
(3) For subsection (2), an auction of goods may be directly 6
connected with a sale by auction of a place of residence or 7
land despite the auction of the goods being conducted 8
separately from the auction of the place of residence or land. 9
Example-- 10
An auction of a place of residence followed by an auction of the 11
contents of the residence. 12
(3) A property agent may perform the activities mentioned in 13
subsection (1) or (2) in the carrying on of a business, either 14
alone or with others, or as an employee of someone else. 15
73 Responsibility for acts and omissions of salespersons 16
(1) A property agent who is a principal licensee must take 17
reasonable steps to ensure each property agent salesperson 18
employed by the agent is properly supervised and complies 19
with this Act. 20
(2) A property agent who is an employed licensee in charge of a 21
licensee's business at a place of business must take reasonable 22
steps to ensure each property agent salesperson employed at 23
the place is properly supervised and complies with this Act. 24
(3) A property agent who fails to comply with subsection (1) or 25
(2) is liable to disciplinary action under part 10, division 1. 26
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[s 74]
Division 2 Conduct provisions 1
Subdivision 1 Carrying on business 2
74 Carrying on of business under property agent licence 3
An individual who carries on the business of a property agent 4
with others is not required to hold a property agent licence 5
if-- 6
(a) at least 1 of the persons with whom the individual 7
carries on business is a property agent; and 8
(b) the individual does not perform the activities of a 9
property agent; and 10
(c) the individual is a suitable person to hold a licence. 11
75 Licensee to be in charge of a property agent's business 12
at a place 13
(1) A property agent who is an individual and a principal licensee 14
must-- 15
(a) be in charge of the agent's business at the agent's 16
registered office; and 17
(b) if the property agent has more than 1 place of business, 18
ensure the following at each other place of business-- 19
(i) for a resident letting agency--a property agent, or 20
resident letting agent, who is an individual is in 21
charge of the property agent's business at the place 22
of business; 23
(ii) otherwise--a property agent who is an individual 24
is in charge of the property agent's business at the 25
place of business. 26
Maximum penalty--200 penalty units. 27
(2) A property agent that is a corporation and a principal licensee 28
(corporate agent) must ensure-- 29
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Property Agents Bill 2010
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[s 75]
(a) the individual in charge of the corporate agent's business 1
at its registered office is a property agent; and 2
(b) if the corporate agent has more than 1 place of business, 3
ensure the following at each other place of business-- 4
(i) for a resident letting agency--a property agent, or 5
resident letting agent, who is an individual is in 6
charge of the corporate agent's business at the 7
place of business; 8
(ii) otherwise--a property agent who is an individual 9
is in charge of the corporate agent's business at the 10
place of business. 11
Maximum penalty-- 12
(a) for an individual guilty under chapter 2 of the Criminal 13
Code of an offence or for section 255--200 penalty 14
units; or 15
(b) for a corporation--1000 penalty units. 16
(3) An individual must not be in charge of a property agent's 17
business at more than 1 place. 18
Maximum penalty--200 penalty units. 19
(4) It is not an offence against subsection (1) or (2) for a property 20
agent who is an individual to be in charge of more than 1 21
place of business if each place of business is on land 22
contiguous to land on which the other place of business is 23
located. 24
(5) For subsection (4), land is contiguous with other land only if 25
the parcels of land have a common boundary that is not 26
separated by a public road. 27
(6) In this section-- 28
resident letting agency means a place of business at which the 29
only business carried on as a property agent is the business of 30
a resident letting agent. 31
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[s 76]
Subdivision 2 Appointment 1
76 Appointment of property agent--general 2
(1) A property agent must not act as a property agent for a person 3
(client) to perform an activity (service) for the client unless-- 4
(a) the client first appoints the property agent in writing; or 5
(b) a previous appointment by the client is assigned to the 6
property agent under the terms of that appointment or 7
under section 80 and the appointment is in force. 8
Maximum penalty--200 penalty units. 9
(2) The appointment may be for the performance of-- 10
(a) a particular service (single appointment); or 11
(b) a number of services over a period (continuing 12
appointment). 13
(3) The appointment must, for each service-- 14
(a) state the service to be performed by the property agent 15
and how it is to be performed; and 16
(b) if the service is an auction--state the day set for the 17
auction; and 18
(c) state, in the way prescribed under a regulation, that fees, 19
charges and commission payable for the service are 20
negotiable up to any amount prescribed under a 21
regulation; and 22
(d) state-- 23
(i) the fees, charges and any commission payable for 24
the service; and 25
(ii) the expenses, including advertising and marketing 26
expenses, the agent is authorised to incur in 27
connection with the performance of each service or 28
category of service; and 29
(iii) the source and the estimated amount or value of 30
any rebate, discount, commission or benefit that 31
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[s 76]
the agent may receive for any expenses that the 1
agent may incur in connection with the 2
performance of the service; and 3
(iv) any condition, limitation or restriction on the 4
performance of the service; and 5
(e) state when the fees, charges and any commission for the 6
service become payable; and 7
(f) if the service to be performed is the sale or letting of 8
property or the collecting of rents and commission is 9
payable for the service and expressed as a percentage of 10
an estimated sale price or amount to be collected, state 11
that the commission is worked out only on the actual 12
sale price or the amount actually collected; and 13
(g) if the appointment is for a sole or exclusive agency, state 14
the date the appointment ends. 15
Note-- 16
For additional requirements for an appointment for a sole or 17
exclusive agency, see section 79. 18
(4) A continuing appointment must state-- 19
(a) the date the appointment ends; and 20
(b) that the appointment, other than to the extent it relates to 21
the sale of land or interests in land, may be revoked on 22
the giving of 90 days notice, or the lesser period (not 23
less than 30 days) agreed by the parties. 24
(5) The notice revoking a continuing appointment must be by 25
signed writing given to the other party. 26
(6) The revocation of a continuing appointment does not affect 27
existing contracts entered into by the property agent on behalf 28
of the client. 29
(7) The appointment must be signed and dated by the client and 30
the property agent or someone authorised or apparently 31
authorised to sign for the agent. 32
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[s 77]
(8) The property agent must give a copy of the signed 1
appointment to the client. 2
Maximum penalty for subsection (8)--200 penalty units. 3
77 Form of appointment 4
(1) The appointment must be in the approved form. 5
(2) The approved form must include a prominent statement that 6
the client should seek independent legal advice before signing 7
the appointment. 8
(3) An appointment that does not comply with subsection (1) is 9
ineffective from the time it is made. 10
78 Pre-appointment advice about types of appointment 11
If the appointment is for the sale of a place of residence or 12
land or an interest in a place of residence or land, before the 13
appointment is signed, the property agent must specifically 14
bring to the client's notice the information in the form of 15
appointment about-- 16
(a) the effect of the following-- 17
(i) an open listing; 18
(ii) an exclusive agency; 19
(iii) a sole agency; and 20
(b) the difference between sole agency and exclusive 21
agency. 22
Note-- 23
The commission of an offence against this section also renders the 24
appointment ineffective under section 83(3). 25
Maximum penalty--200 penalty units. 26
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Property Agents Bill 2010
Part 3 Property agents
[s 79]
79 Appointment of property agent--sole and exclusive 1
agencies 2
(1) If the appointment is for a sole or exclusive agency, before the 3
appointment is signed, the property agent must discuss with 4
the client whether the appointment is to be for a sole agency 5
or an exclusive agency and specifically bring to the client's 6
notice the information in the form of appointment about-- 7
(a) the proposed term of the appointment; and 8
(b) if the appointment is for the sale of residential property, 9
the client's entitlement to negotiate the term of the 10
appointment up to a maximum term of 60 days; and 11
(c) the difference between sole agency and exclusive 12
agency, unless the information has been brought to the 13
client's notice under section 78; and 14
(d) the consequences for the client if the property is sold by 15
someone other than the agent during the term of the 16
appointment. 17
Note-- 18
The commission of an offence against this subsection also renders an 19
appointment for the sale of a place of residence or land or an interest in 20
a place of residence or land ineffective under section 83(3). 21
Maximum penalty--200 penalty units. 22
(2) The appointment may include provision that, at the end of the 23
term of a sole or exclusive agency, the appointment of the 24
agent continues under an open listing that may be ended at 25
any time by the agent or the client. 26
(3) Subsection (1)(b) does not apply if the appointment-- 27
(a) is for the sale of 3 or more residential properties; or 28
(b) is for the sale of a lot in a community titles scheme as 29
part of the sale of management rights to the person who 30
is to become the letting agent for the community titles 31
scheme. 32
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Property Agents Bill 2010
Part 3 Property agents
[s 80]
80 Proposal for assignment of appointments 1
(1) This section applies if a property agent who holds 2
appointments from clients to perform services for the clients 3
under section 76 proposes to assign the appointments to 4
another property agent (proposed assignee) without changing 5
the terms of the appointment. 6
(2) However, this section does not apply to the assignment of an 7
appointment if-- 8
(a) the terms of the appointment authorise the assignment 9
of the appointment; and 10
(b) the assignment is made under the terms of the 11
appointment. 12
(3) At least 14 days before the property agent assigns the 13
appointments, the agent must give each client written notice 14
of the proposed assignment. 15
(4) The notice must state the following-- 16
(a) the proposed assignee's name; 17
(b) the appointments are to be assigned without changing 18
the terms of the appointment; 19
(c) the client may agree or refuse to agree to the proposed 20
assignment; 21
(d) when the proposed assignment is to take effect. 22
(5) If a client agrees to the assignment and the property agent 23
assigns the appointment under this section, the appointment is 24
taken, for section 76, to be an appointment by the client of the 25
proposed assignee and to continue to have effect according to 26
its terms. 27
81 Restriction on reappointment of property agents for sales 28
of residential property 29
(1) A property agent may be reappointed for a sole or exclusive 30
agency for the sale of residential property for 1 or more terms 31
of not more than 60 days. 32
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Property Agents Bill 2010
Part 3 Property agents
[s 82]
(2) The limitation on the term of reappointment under subsection 1
(1) does not apply if the reappointment is for the sale of 3 or 2
more residential properties. 3
(3) A property agent appointed for the sale of residential property 4
under a sole or exclusive agency commits an offence if the 5
agent is reappointed for the sale earlier than 14 days before 6
the term of the sole or exclusive agency ends. 7
Note-- 8
The commission of an offence against this subsection relating to the 9
reappointment also renders the reappointment ineffective under section 10
83. 11
Maximum penalty--200 penalty units. 12
82 Form of reappointment 13
(1) The reappointment of a property agent under section 81 must 14
be made in the approved form. 15
(2) A reappointment that does not comply with subsection (1) is 16
ineffective from the time it is made. 17
83 When appointments and reappointments are ineffective 18
(1) The appointment of a property agent for the sale of residential 19
property under a sole or exclusive agency is ineffective from 20
the time it is made if the term of the appointment is more than 21
60 days. 22
(2) Subsection (1) does not apply if the appointment is for the sale 23
of 3 or more residential properties. 24
(3) The appointment of a property agent for the sale of a place of 25
residence or land or an interest in a place of residence or land 26
is ineffective from the time it is made if the property agent 27
commits an offence against section 78 or 79(1). 28
(4) The reappointment of a property agent for a further term of 29
sole or exclusive agency for the sale of residential property is 30
ineffective from the time it is made if the property agent 31
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Part 3 Property agents
[s 84]
commits an offence against section 81(3) relating to the 1
reappointment. 2
Subdivision 3 Disclosure of interest 3
84 Disclosures to prospective buyer 4
(1) A residential property agent for the sale of residential property 5
must disclose the following to any prospective buyer of the 6
property-- 7
(a) any relationship, and the nature of the relationship 8
(whether personal or commercial), the agent has with 9
anyone to whom the agent refers the buyer for 10
professional services associated with the sale; 11
Examples of relationships for paragraph (a)-- 12
· a family relationship 13
· a business relationship, other than a casual business 14
relationship 15
· a fiduciary relationship 16
· a relationship in which 1 person is accustomed, or obliged, 17
to act under the directions, instructions, or wishes of the 18
other 19
(b) whether the agent derives or expects to derive any 20
benefit from a person to whom the agent has referred the 21
buyer and, if so, the amount or value of the benefit; 22
(c) the amount, value or nature of any benefit any person 23
has received, receives, or expects to receive in 24
connection with the sale, or for promoting the sale, or 25
for providing a service in connection with the sale, of 26
the property. 27
Examples for paragraph (c) of persons who may receive a benefit-- 28
· finance broker 29
· financial adviser 30
· financier 31
· property valuer 32
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[s 85]
· residential property agent 1
· seller 2
· solicitor 3
Maximum penalty--200 penalty units. 4
(2) The disclosure is effective for subsection (1) only if it is-- 5
(a) given to the prospective buyer in the approved form; and 6
(b) acknowledged by the prospective buyer in writing on the 7
approved form; and 8
(c) given and acknowledged before a contract for the sale of 9
the residential property is entered into. 10
(3) Also, for subsection (1)(c), disclosure in compliance with the 11
approved form is sufficient. 12
(4) In this section-- 13
benefit means monetary or other benefit. 14
residential property agent means-- 15
(a) a property agent; or 16
(b) a property agent salesperson acting for the property 17
agent; or 18
(c) a person acting as a property agent in contravention of 19
section 108(2); or 20
(d) a person acting as a property agent salesperson in 21
contravention of section 109(1). 22
Subdivision 4 Auctions of goods 23
85 Buyer's premium 24
(1) This section applies to an auction of goods conducted by a 25
property agent. 26
(2) A property agent must not charge the buyer of the goods a 27
buyer's premium unless-- 28
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Part 3 Property agents
[s 86]
(a) the property agent-- 1
(i) before the auction, obtains the written consent of 2
the owner of the goods; and 3
(ii) discloses, in the way prescribed under a regulation, 4
that a buyer's premium is payable on the purchase 5
of the goods; and 6
(b) the premium is not more than the amount prescribed or 7
worked out under a regulation. 8
Maximum penalty--200 penalty units. 9
(3) The property agent does not act for the buyer of the goods 10
only because the agent accepts a buyer's premium from the 11
buyer. 12
(4) In this section-- 13
buyer's premium means an amount, not more than an amount 14
prescribed or worked out under a regulation, payable to a 15
property agent by a buyer on the purchase of goods. 16
owner, of goods, includes a person who is lawfully entitled to 17
sell the goods. 18
Subdivision 5 Recovery of reward or expense 19
86 Commission may be claimed only for actual amounts 20
(1) This section applies to a property agent who performs, for the 21
payment of a commission, a service of selling or letting 22
property or collecting rents. 23
(2) The property agent must not claim commission worked out on 24
an amount more than the actual sale price of the property or 25
the amount collected. 26
Maximum penalty--200 penalty units. 27
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Property Agents Bill 2010
Part 3 Property agents
[s 87]
87 Restriction on recovery of reward or expense--no proper 1
authorisation etc. 2
(1) A person is not entitled to sue for, or recover or retain, a 3
reward or expense for the performance of an activity as a 4
property agent unless, at the time the activity was performed, 5
the person-- 6
(a) held a property agent licence; and 7
(b) was authorised under the person's licence to perform the 8
activity; and 9
(c) had been properly appointed under subdivision 2 by the 10
person to be charged with the reward or expense. 11
(2) A person who sues for, or recovers or retains, a reward or 12
expense for the performance of an activity as a property agent 13
other than as provided by subsection (1) commits an offence. 14
Maximum penalty--200 penalty units. 15
88 Restriction on recovery of reward or expense above 16
amount allowed 17
(1) A person is not entitled to sue for, or recover or retain, a 18
reward for the performance of an activity as a property agent 19
that is more than the amount of the reward stated in the 20
appointment given under section 76. 21
(2) However, if the reward for the performance of the activity is 22
limited under a regulation, the person is not entitled to sue for, 23
or recover or retain, a reward more than the amount allowed 24
under the regulation. 25
(3) A person is not entitled to sue for, or recover or retain, 26
expenses for the performance of an activity as a property 27
agent that are more than the amount of the expenses stated in 28
the appointment given under section 76 and actually 29
expended. 30
(4) However, if the amount of expenses that may be incurred for 31
the performance of the activity is limited under a regulation, 32
the person is not entitled to sue for, or recover or retain, an 33
amount more than the amount allowed under the regulation. 34
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Property Agents Bill 2010
Part 3 Property agents
[s 89]
(5) Subsection (2) does not prevent the person suing for, 1
recovering or retaining, in addition to the amount allowed 2
under a regulation for the reward, an amount for GST payable 3
for a supply. 4
(6) A person who sues for, or recovers or retains, a reward or 5
expense for the performance of an activity as a property agent 6
other than as provided by this section commits an offence. 7
Maximum penalty for subsection (6)--200 penalty units. 8
89 Excess commission etc. to be repaid 9
(1) This section applies if-- 10
(a) a person is convicted of an offence against section 86(2), 11
87(2) or 88(6); and 12
(b) the court convicting the person is satisfied on the 13
balance of probabilities that the person, in connection 14
with the offence, has recovered or retained from 15
someone (client) for whom the person performed an 16
activity an amount to which the person was not entitled. 17
(2) The court must order the person to pay the amount to the 18
client. 19
(3) The order must be made whether or not any penalty is 20
imposed on the conviction. 21
(4) The client may file the order in a court having jurisdiction for 22
the recovery of a debt of an equal amount and the order may 23
be enforced as if it were a judgment of that court. 24
Subdivision 6 Interests in property 25
90 Definition for sdiv 6 26
In this subdivision-- 27
obtain includes being in any way concerned in obtaining. 28
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Property Agents Bill 2010
Part 3 Property agents
[s 91]
91 Beneficial interest--options 1
(1) This section applies to property placed by a person (client) 2
with a property agent for sale. 3
(2) The property agent commits an offence if the agent obtains 4
from the client an option to purchase the property in which the 5
agent has a beneficial interest. 6
Maximum penalty--200 penalty units or 3 years 7
imprisonment. 8
(3) A property agent salesperson employed by the property agent 9
commits an offence if the salesperson obtains from the client 10
an option to purchase the property in which the salesperson 11
has a beneficial interest. 12
Maximum penalty--200 penalty units or 3 years 13
imprisonment. 14
(4) The property agent must not sell the property if the agent 15
obtains a beneficial interest in an option to purchase the 16
property. 17
Maximum penalty--200 penalty units or 3 years 18
imprisonment. 19
92 Beneficial interest--other than options 20
(1) This section applies to property placed by a person (client) 21
with a property agent for sale, but does not apply if section 91 22
applies. 23
(2) The property agent commits an offence if the agent obtains a 24
beneficial interest in the property. 25
Maximum penalty--200 penalty units or 3 years 26
imprisonment. 27
(3) A property agent salesperson employed by the property agent 28
commits an offence if the salesperson obtains a beneficial 29
interest in the property. 30
Maximum penalty--200 penalty units or 3 years 31
imprisonment. 32
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Property Agents Bill 2010
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[s 93]
(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 3
entered into, obtains the client's written 4
acknowledgement in the approved form that the 5
client-- 6
(A) is aware that the person is interested in 7
obtaining a beneficial interest in the 8
property; and 9
(B) consents to the person obtaining the interest; 10
and 11
(ii) acts fairly and honestly in relation to the sale; and 12
(b) no commission or other reward is payable for the sale; 13
and 14
(c) the client is in substantially as good a position as the 15
client would be if the property were sold at fair market 16
value. 17
93 Return of beneficial interest if in form of commission 18
(1) This section applies if-- 19
(a) a person is convicted of an offence against section 92(2) 20
or (3); and 21
(b) the court convicting the person is satisfied on the 22
balance of probabilities that the person, in connection 23
with the offence, has recovered or retained from 24
someone (client) for whom the person performed an 25
activity an amount of commission to which the person 26
was not entitled. 27
(2) The court must order the person to pay the amount to the 28
client. 29
(3) The order must be made whether or not any penalty is 30
imposed on the conviction. 31
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Part 3 Property agents
[s 94]
(4) The client may file the order in a court having jurisdiction for 1
the recovery of a debt of an equal amount and the order may 2
be enforced as if it were a judgment of that court. 3
Subdivision 7 Lands not lawfully useable for 4
residential purposes 5
94 Definition for sdiv 7 6
In this subdivision-- 7
vacant land means land on which there are no structural 8
improvements, other than fencing. 9
95 Application of sdiv 7 10
This subdivision applies to a sale or proposed sale of vacant 11
land if-- 12
(a) the sale is by a property agent either as agent for another 13
or as principal; and 14
(b) the land is within a local government area; and 15
(c) the land can not, as at the day of sale, be lawfully used 16
for residential purposes. 17
96 Notice to be given about vacant land 18
(1) The property agent must give to a proposed buyer a written 19
statement under this section. 20
Maximum penalty--200 penalty units or 2 years 21
imprisonment. 22
(2) The property agent must give the statement to the proposed 23
buyer before the buyer signs any contract for the sale. 24
Maximum penalty--200 penalty units or 2 years 25
imprisonment. 26
(3) The statement must include the following particulars-- 27
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Part 3 Property agents
[s 97]
(a) the land, clearly identified (including by lot-on-plan, or 1
similar, description), to which the statement relates; 2
(b) the names and addresses of the seller of the land and the 3
proposed buyer; 4
(c) a clear statement that the use of the land for residential 5
purposes is unlawful; 6
(d) a clear statement that if the buyer erects on the land a 7
place of residence or otherwise uses the land for 8
residential purposes contrary to law-- 9
(i) the buyer may commit an offence; and 10
(ii) a named local government may be lawfully 11
empowered to demolish the place of residence or 12
other residential structure; 13
(e) the date on which the statement is given. 14
(4) The statement must be signed and dated by the property agent 15
and the proposed buyer. 16
(5) The property agent must-- 17
(a) keep a copy of the signed statement at the property 18
agent's registered office; and 19
(b) make it available for immediate inspection by an 20
inspector who asks to see it. 21
Maximum penalty for subsection (5)--200 penalty units or 2 22
years imprisonment. 23
97 Buyer's rights if notice not given or materially defective 24
(1) A buyer of land, by written notice (avoidance notice) given to 25
the seller of the land or the property agent, may avoid a 26
contract for the sale of the land if-- 27
(a) the buyer has not been given the notice under section 96; 28
or 29
(b) the notice has been given to the buyer, but the notice is 30
defective in a material way. 31
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[s 97]
(2) The avoidance notice must be given to the seller or property 1
agent within 6 months after the day the buyer entered into the 2
contract. 3
(3) If the contract is avoided by the buyer under subsection (1), 4
the seller and the property agent are liable at law to the buyer 5
for all amounts paid by the buyer-- 6
(a) under the contract; and 7
(b) for legal and other expenses for the contract after it was 8
signed. 9
(4) A property agent who is liable at law under subsection (3) for 10
the repayment to the buyer of an amount paid by the buyer 11
under, or relating to, the contract must repay the amount 12
within 14 days after becoming liable. 13
Maximum penalty--200 penalty units. 14
(5) The buyer may recover an amount mentioned in subsection 15
(3) as a debt. 16
(6) Judgment recovered against either person liable under 17
subsection (3) for an amount repayable under that subsection 18
does not bar an action against the other person. 19
(7) However, if separate actions are brought-- 20
(a) the amounts recoverable under the judgments given in 21
the actions must not be more, taken together, than the 22
amount repayable to the buyer; and 23
(b) in the later of the 2 actions, the plaintiff is not entitled to 24
costs, unless the court decides there were reasonable 25
grounds for bringing the action. 26
(8) If the buyer avoids the contract under this section after the 27
contract is completed, the buyer must, after repayment of all 28
amounts recoverable by the buyer under subsection (3)-- 29
(a) sign the documents presented to the buyer necessary to 30
convey title to the land to the person lawfully entitled to 31
the land or the person's nominee; and 32
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[s 98]
(b) deliver to the person lawfully entitled to the land or the 1
person's nominee any instrument of title in the buyer's 2
possession or under the buyer's control. 3
(9) The buyer-- 4
(a) is not liable for any costs associated with a conveyance 5
under subsection (8); and 6
(b) may recover from the seller and the property agent as a 7
debt the buyer's reasonable costs associated with the 8
conveyance. 9
(10) The liability of the seller and the property agent under 10
subsections (3) and (9) is joint and several. 11
98 Liability to punishment under s 96 or 97 additional to 12
other liabilities at law 13
Liability to punishment under section 96 or 97 is in addition to 14
other liabilities at law imposed under section 97. 15
Subdivision 8 Sales of particular businesses 16
99 Application of sdiv 8 17
This subdivision applies to the sale of a business for which a 18
resident letting agent licence is required (resident letting 19
agent's business). 20
100 Notice to be given about sale of resident letting agent's 21
business 22
(1) A property agent who is authorised to sell a resident letting 23
agent's business by the seller of the business must give to a 24
proposed buyer of the business a written statement under this 25
section. 26
Maximum penalty--200 penalty units. 27
(2) The property agent must give the statement to the proposed 28
buyer before the buyer signs any contract relating to the sale. 29
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[s 101]
(3) The statement must include the following particulars-- 1
(a) the business, clearly identified, to which the statement 2
relates; 3
(b) the names and addresses of the seller of the business and 4
the proposed buyer; 5
(c) a clear statement that, to carry on the business, the 6
proposed buyer must have the approval of the body 7
corporate of the building complex in which the activities 8
of a resident letting agent are to be performed; 9
(d) a clear statement that a person who performs the 10
activities of a resident letting agent must-- 11
(i) hold a resident letting agent licence under this Act; 12
or 13
(ii) otherwise be permitted under this or another Act to 14
perform the activities; 15
(e) the date on which the statement is given. 16
(4) The statement must be signed and dated by the property agent. 17
(5) Also, when giving the statement to the proposed buyer, the 18
property agent must ask the proposed buyer to acknowledge 19
that the proposed buyer has read the statement by signing and 20
dating it. 21
(6) The property agent must keep a copy of the signed statement 22
at the property agent's registered office and make it available 23
for the immediate inspection of an inspector who asks to see 24
it. 25
Maximum penalty for subsection (6)--200 penalty units. 26
Subdivision 9 Auctions of goods 27
101 Buyer's premium 28
(1) This section applies to an auction of goods by a property 29
agent. 30
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(2) A property agent must not charge the buyer of goods a buyer's 1
premium unless-- 2
(a) the property agent-- 3
(i) before the auction, obtains the written consent of 4
the owner of the goods; and 5
(ii) discloses, in the way prescribed under a regulation, 6
that a buyer's premium is payable on the purchase 7
of the goods; and 8
(b) the premium is not more than the amount prescribed or 9
worked out under a regulation. 10
Maximum penalty--200 penalty units. 11
(3) The property agent does not act for the buyer of the goods 12
only because the property agent accepts a buyer's premium 13
from the buyer. 14
(4) In this section-- 15
buyer's premium means an amount, not more than an amount 16
prescribed or worked out under a regulation, payable to the 17
property agent by a buyer on the purchase of goods. 18
owner, of goods, includes a person who is lawfully entitled to 19
sell the goods. 20
Subdivision 10 Code of conduct 21
102 Code of conduct 22
A regulation may prescribe a code of conduct about the 23
practice of a property agent that may include the following-- 24
(a) setting conduct standards for property agents, employed 25
licensees and property agent salespersons; 26
(b) establishing principles for fair trading; 27
(c) providing for a system of complaint resolution; 28
(d) providing that contraventions of some provisions of the 29
code are an offence. 30
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[s 103]
103 Complaints about conduct and action chief executive 1
may take 2
(1) A person aggrieved by the conduct of a property agent or 3
property agent salesperson may complain in writing to the 4
chief executive about the conduct. 5
(2) The chief executive may investigate the complaint and, if 6
satisfied the code of conduct has been breached, take the 7
action about the conduct allowed under this Act. 8
Note-- 9
Breach of the code of conduct may be an offence and is a ground for 10
starting disciplinary proceedings under section 197. 11
(3) The investigation may take place and action may be taken 12
against a person who was a property agent or property agent 13
salesperson even though the person is no longer a property 14
agent or property agent salesperson. 15
Division 3 General 16
104 Registered office 17
A property agent's registered office is-- 18
(a) for a property agent who is a principal licensee-- 19
(i) the place the agent states in the agent's application 20
for a property agent licence as the agent's principal 21
place of business; or 22
(ii) another place notified to the chief executive by the 23
agent in the approved form as the agent's principal 24
place of business; and 25
(b) for a property agent who is an employed licensee-- 26
(i) the place the agent states in the licensee's 27
application for a property agent licence as the 28
agent's business address; or 29
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(ii) another place notified to the chief executive by the 1
agent in the approved form as the agent's business 2
address. 3
105 Property agent must notify chief executive of change in 4
place of business etc. 5
(1) A property agent who is a principal licensee must notify the 6
chief executive in the approved form of-- 7
(a) any change in the agent's principal place of business 8
within 14 days after the change; and 9
(b) the closure of any place where the agent carries on 10
business within 14 days after the closure; and 11
(c) the opening of any place where the agent carries on 12
business within 14 days after the opening. 13
Maximum penalty--200 penalty units. 14
(2) A property agent who is an employed licensee must notify the 15
chief executive in the approved form of any change in the 16
agent's business address within 14 days after the change. 17
Maximum penalty--200 penalty units. 18
106 Display and publication of licensee's name 19
(1) A property agent who is a principal licensee must display at 20
each place the agent carries on business, in the way prescribed 21
under a regulation-- 22
(a) the agent's name; and 23
(b) if the agent is not the person in charge of the agent's 24
business at the place, the name of the property agent 25
who is in charge at the place; and 26
(c) the other particulars prescribed under a regulation. 27
Maximum penalty--100 penalty units. 28
(2) A property agent who is a principal licensee must not publish, 29
or permit to be published, in a newspaper or elsewhere an 30
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advertisement for the agent's business without stating in the 1
advertisement the particulars prescribed under a regulation. 2
Maximum penalty--100 penalty units. 3
(3) A property agent who conducts an auction must display at the 4
auction, in the way and for the period prescribed under a 5
regulation-- 6
(a) the property agent's name; and 7
(b) the other particulars prescribed under a regulation. 8
Maximum penalty--100 penalty units. 9
107 Principal licensee must keep employment register 10
(1) A property agent who is a principal licensee must keep a 11
register (employment register) at each place where the agent 12
carries on business. 13
Maximum penalty--200 penalty units. 14
(2) The property agent must enter, and keep entered, in the 15
employment register-- 16
(a) the name, and the other particulars prescribed under a 17
regulation, of each person (employee) who is employed 18
as an employed licensee, or property agent salesperson 19
at the place; and 20
(b) if the employee is a property agent salesperson, the 21
activities the salesperson is authorised to perform for the 22
agent during the employee's employment by the agent. 23
Maximum penalty--200 penalty units. 24
(3) The property agent must-- 25
(a) enter the particulars about each employee, and for each 26
property agent salesperson, the activities the salesperson 27
is authorised to perform, immediately after the 28
employee is employed at the place; and 29
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(b) if there is a change in an employee's particulars or 1
activities, correct the entry in the way prescribed under a 2
regulation immediately after the change. 3
Maximum penalty--200 penalty units. 4
(4) The form of the register may be prescribed under a regulation. 5
Division 4 Offences 6
108 Acting as property agent 7
(1) A person must not, as an agent for someone else for reward, 8
perform an activity that may be done under the authority of a 9
property agent licence unless the person-- 10
(a) holds a property agent licence and the performance of 11
the activity is authorised under the person's licence; or 12
(b) is otherwise permitted under this or another Act to 13
perform the activity. 14
Maximum penalty--200 penalty units or 2 years 15
imprisonment. 16
(2) A person must not act as a property agent unless-- 17
(a) the person holds a property agent licence and the act is 18
done under the authority of the person's licence; or 19
(b) the act is otherwise permitted under this or another Act. 20
Maximum penalty--200 penalty units or 2 years 21
imprisonment. 22
(3) Without limiting the ways a person may act as a property 23
agent, a person acts as a property agent if the person-- 24
(a) performs an activity mentioned in section 72(1); or 25
(b) advertises or notifies or states that the person-- 26
(i) performs an activity mentioned in section 72(1); or 27
(ii) is willing to perform an activity mentioned in 28
section 72(1); or 29
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(c) in any way holds out as being ready to perform an 1
activity mentioned in section 72(1). 2
(4) However-- 3
(a) a person does not act as a property agent only because 4
the person, while performing duties as an employee of a 5
property agent at the property agent's registered office 6
or other place of business-- 7
(i) collects, and issues receipts for, rents; or 8
(ii) gives a person a list, prepared by or for the 9
property agent, of premises available for rent; or 10
(iii) does something of an administrative nature relating 11
to a thing the property agent does as a property 12
agent; and 13
(b) a person does not act as a property agent only because 14
the person collects rents for the provider of rooming 15
accommodation, as an employee of the provider, if the 16
rents are collected in the course of providing rooming 17
accommodation; and 18
(c) a lawyer does not act as a property agent only because 19
the lawyer collects rents in the lawyer's practice if the 20
lawyer complies with the requirements of the Legal 21
Profession Act 2007 for the rents; and 22
(d) a person does not act as a property agent only because 23
the person sells, or negotiates the sale of, a 24
manufactured home under an authority given to the 25
person under the Manufactured Homes (Residential 26
Parks) Act 2003, section 60. 27
109 Pretending to be property agent salesperson 28
(1) A person must not act as a property agent salesperson unless 29
the person holds a registration certificate as a property agent 30
salesperson. 31
Maximum penalty--200 penalty units. 32
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(2) A person does not act as a property agent salesperson only 1
because the person, while performing duties as an employee 2
of a property agent at the property agent's registered office or 3
other place of business-- 4
(a) collects, and issues receipts for, rents; or 5
(b) gives a person a list, prepared by or for the property 6
agent, of premises available for rent; or 7
(c) does something of an administrative nature relating to a 8
thing the property agent does as a property agent. 9
(3) In this section-- 10
act as a property agent salesperson, for a person, includes 11
hold out that the person is a property agent salesperson. 12
110 Property agent must not act for more than 1 party 13
(1) A property agent must not act for more than 1 party to a 14
transaction. 15
Maximum penalty--200 penalty units. 16
(2) If a property agent acts for more than 1 party to a transaction, 17
an appointment to act for a party to the transaction is 18
ineffective from the time it is made. 19
(3) If the transaction is an exchange of property, a property agent 20
does not contravene subsection (1), and subsection (2) does 21
not apply to the extent that the agent acts for each of the 22
parties to the transaction. 23
111 Production of licence or registration certificate 24
(1) A property agent must, if asked by a person with whom the 25
agent is dealing, produce the agent licence for inspection by 26
the person. 27
Maximum penalty--100 penalty units. 28
(2) A property agent salesperson must, if asked by a person with 29
whom the salesperson is dealing, produce the salesperson's 30
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registration certificate for inspection by the person. 1
Maximum penalty--100 penalty units. 2
112 Employment of persons in real estate business 3
(1) A property agent must not employ, as a property agent 4
salesperson, a person the agent knows, or ought to know, does 5
not hold a registration certificate as a property agent 6
salesperson. 7
Maximum penalty--200 penalty units. 8
(2) A property agent must not directly engage a property agent or 9
property agent salesperson as an independent contractor 10
unless the person holds a property agent licence. 11
Maximum penalty--200 penalty units. 12
(3) A principal licensee who is an individual and carries on the 13
business of a property agent must not employ, as a property 14
agent salesperson for the business, himself or herself or 15
another individual with whom the principal licensee carries on 16
business as a property agent. 17
Maximum penalty--200 penalty units. 18
(4) A principal licensee that is a corporation and carries on 19
business as a property agent must not employ an executive 20
officer of the corporation as a property agent salesperson for 21
the business. 22
Maximum penalty-- 23
(a) for an individual guilty under chapter 2 of the Criminal 24
Code of an offence or for section 255--200 penalty 25
units; or 26
(b) for a corporation--1000 penalty units. 27
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Part 4 Resident letting agents 1
Division 1 Resident letting agent licence 2
113 What a resident letting agent licence authorises 3
(1) A resident letting agent licence authorises the holder of the 4
licence (resident letting agent) to perform the following 5
activities as an agent for others for reward-- 6
(a) letting lots in a building complex; 7
(b) collecting rents for lots in a building complex. 8
(2) A resident letting agent may perform the activities in the 9
carrying on of a business, either alone or with others, or as an 10
employee of someone else. 11
(3) The chief executive must, by condition of the licence, limit 12
the performance of the activities by the resident letting agent 13
to 1 or more stated building complexes. 14
(4) The chief executive may authorise the resident letting agent to 15
perform the activities in more than 1 building complex if-- 16
(a) the chief executive is satisfied-- 17
(i) each building complex is on land contiguous to 18
land on which another building complex for which 19
the letting agent is, or is to be, authorised to 20
perform the activities is situated; and 21
(ii) the resident letting agent has the approval of each 22
appropriate body corporate to carry on a business 23
of letting lots, and collecting rent for lots, in the 24
complex; or 25
(b) both of the following apply-- 26
(i) immediately before the commencement of the 27
repealed Act, section 607, a person held a resident 28
real estate agent's licence or corporation licence 29
(with a director holding a resident real estate 30
agent's licence) for all the building complexes; 31
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(ii) since the commencement, a person has been 1
authorised under a licence to perform the activities 2
of a resident letting agent for 1 or more of the 3
building complexes. 4
(5) For subsection (4)(a)(i), land is contiguous with other land 5
only if the parcels of land have a common boundary that is not 6
separated by a public road. 7
Division 2 Conduct provisions 8
Subdivision 1 Carrying on business 9
114 Carrying on of business under resident letting agent 10
licence 11
(1) An individual who carries on the business of a resident letting 12
agent with others is not required to hold a resident letting 13
agent licence or property agent licence if-- 14
(a) at least 1 of the persons with whom the individual 15
carries on business is a resident letting agent or property 16
agent; and 17
(b) the individual does not perform the activities of a 18
resident letting agent; and 19
(c) the individual is a suitable person to hold a licence. 20
(2) A resident letting agent who is an individual must reside 21
permanently in the building complex or, if the letting agent is 22
authorised to perform activities for more than 1 building 23
complex, 1 of the building complexes for which the letting 24
agent is authorised to perform activities. 25
Maximum penalty--200 penalty units. 26
(3) A resident letting agent that is a corporation must ensure an 27
individual who performs the activities of a resident letting 28
agent for the corporation resides permanently in the building 29
complex or, if the letting agent is authorised to perform 30
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activities for more than 1 building complex, 1 of the building 1
complexes for which the letting agent is authorised to perform 2
activities. 3
Maximum penalty-- 4
(a) for an individual guilty under chapter 2 of the Criminal 5
Code of an offence or for section 255--200 penalty 6
units; or 7
(b) for a corporation--1000 penalty units. 8
(4) Subsections (2) and (3) do not apply to a resident letting agent 9
whose licence is deactivated. 10
115 Licensee to be in charge of a resident letting agent's 11
business at a place 12
(1) A resident letting agent who is an individual and a principal 13
licensee must be in charge of the agent's business at the 14
agent's registered office. 15
Maximum penalty--200 penalty units. 16
(2) A resident letting agent that is a corporation must ensure the 17
individual in charge of the agent's business at the agent's 18
registered office is a resident letting agent or property agent. 19
Maximum penalty-- 20
(a) for an individual guilty under chapter 2 of the Criminal 21
Code of an offence or for section 255--200 penalty 22
units; or 23
(b) for a corporation--1000 penalty units. 24
(3) If a resident letting agent who is a principal licensee-- 25
(a) is authorised under the resident letting agent licence to 26
carry on a business of letting lots in more than 1 27
building complex; and 28
(b) has a place of business in each building complex; 29
the resident letting agent must ensure another individual who 30
is a resident letting agent or property agent is in charge of the 31
agent's business at the other place. 32
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[s 116]
Maximum penalty--200 penalty units. 1
(4) An individual must not be in charge of a resident letting 2
agent's business at more than 1 place of business. 3
Maximum penalty--200 penalty units. 4
Subdivision 2 Appointment 5
116 Appointment of resident letting agent 6
(1) A resident letting agent must not act as a resident letting agent 7
for a person (the client) to perform an activity (service) for the 8
client unless-- 9
(a) the client first appoints the letting agent in writing under 10
this section; or 11
(b) a previous appointment by the client is assigned to the 12
letting agent under the terms of that appointment or 13
under section 118 and the appointment is in force. 14
Maximum penalty--200 penalty units. 15
(2) The appointment may be for the performance of-- 16
(a) a particular service (single appointment); or 17
(b) a number of services over a period (continuing 18
appointment). 19
(3) The appointment must-- 20
(a) state the service to be performed by the letting agent and 21
how it is to be performed; and 22
(b) state-- 23
(i) in the way prescribed under a regulation, that fees, 24
charges and commission payable for the service 25
are negotiable up to any amount prescribed under a 26
regulation; and 27
(ii) for a single appointment, if commission is payable 28
and expressed as a percentage of rent, the amount 29
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of commission expressed in dollars based on the 1
listed rental charge; and 2
(c) state-- 3
(i) the fees, charges and commission payable for the 4
service; and 5
(ii) the expenses, including advertising and marketing 6
expenses, the letting agent is authorised to incur in 7
connection with the performance of the service; 8
and 9
(iii) the source and the estimated amount of any rebate, 10
discount, commission or benefit that the letting 11
agent may receive for any expenses that the letting 12
agent may incur in connection with the 13
performance of the service; and 14
(iv) any condition, limitation or restriction on the 15
performance of the service; and 16
(d) state when the fees, charges and commission for the 17
service become payable; and 18
(e) if a service to be performed is the letting of lots or the 19
collecting of rent and commission is payable for the 20
service and expressed as a percentage, state that the 21
commission is worked out only on the actual amount of 22
rent collected. 23
(4) A continuing appointment must state-- 24
(a) the date the appointment ends; and 25
(b) the appointment may be revoked on the giving of 90 26
days notice, or some lesser period (not less than 30 27
days) agreed by the parties. 28
(5) The notice revoking a continuing appointment must be by 29
signed writing given to the other party. 30
(6) The revocation of a continuing appointment does not affect 31
existing contracts entered into by the resident letting agent on 32
behalf of the client. 33
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(7) The appointment must be signed and dated by the client and 1
the letting agent or someone authorised or apparently 2
authorised to sign for the letting agent. 3
(8) The letting agent must give a copy of the signed appointment 4
to the client. 5
Maximum penalty for subsection (8)--200 penalty units. 6
117 Form of appointment 7
(1) The appointment must be in the approved form. 8
(2) The approved form must include a prominent statement that 9
the client should seek independent legal advice before signing 10
the appointment. 11
(3) An appointment that does not comply with subsection (1) is 12
ineffective from the time it is made. 13
118 Assignment of appointments 14
(1) This section applies if a resident letting agent who holds 15
appointments from clients to perform services for the clients 16
under section 116 for a building complex proposes to assign 17
the appointments to another person who is to become the 18
resident letting agent for the complex (proposed assignee) 19
without changing the terms of the appointment. 20
(2) However, this section does not apply to the assignment of an 21
appointment if-- 22
(a) the terms of the appointment authorise the assignment 23
of the appointment; and 24
(b) the assignment is made in compliance with the terms of 25
the appointment. 26
(3) At least 14 days before the resident letting agent assigns the 27
appointments, the letting agent must give each client written 28
notice of the proposed assignment and obtain the client's 29
written approval to the assignment. 30
(4) The notice must state the following-- 31
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[s 119]
(a) the proposed assignee's name; 1
(b) the appointments are to be assigned without changing 2
the terms of the appointment; 3
(c) the client may agree or refuse to agree to the proposed 4
assignment; 5
(d) when the proposed assignment is to take effect. 6
(5) If a client agrees to the assignment and the resident letting 7
agent assigns the appointment under this section, the 8
appointment is taken, for section 116, to be an appointment by 9
the client of the proposed assignee and to continue to have 10
effect according to its terms. 11
Subdivision 3 Recovery of reward or expense 12
119 Commission may be claimed only for actual amounts 13
(1) This section applies to a resident letting agent who performs, 14
for the payment of a commission, a service of letting lots or 15
collecting rents. 16
(2) The resident letting agent must not claim commission worked 17
out on an amount more than the actual amount collected. 18
Maximum penalty--200 penalty units. 19
120 Restriction on remedy for reward or expense 20
(1) A person is not entitled to sue for, or recover or retain, a 21
reward or expense for the performance of an activity as a 22
resident letting agent unless, at the time the activity was 23
performed, the person-- 24
(a) held a resident letting agent licence; and 25
(b) was authorised under the person's licence to perform the 26
activity; and 27
(c) had been properly appointed under subdivision 2 by the 28
person to be charged with the reward or expense. 29
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(2) A person is not entitled to sue for, or recover or retain, a 1
reward for the performance of an activity as a resident letting 2
agent that is more than the amount of the reward stated in the 3
appointment given under section 116. 4
(3) However, if the reward for the performance of the activity is 5
limited under a regulation, the person is not entitled to sue for, 6
or recover or retain, a reward more than the amount allowed 7
under a regulation. 8
(4) A person is not entitled to sue for, or recover or retain, 9
expenses for the performance of an activity as a resident 10
letting agent that are more than the amount of the expenses 11
stated in the appointment given under section 116 and actually 12
expended. 13
(5) However, if the amount of expenses that may be incurred for 14
the performance of the activity is limited under a regulation, 15
the person is not entitled to sue for, or recover or retain, 16
expenses more than the amount allowed under a regulation. 17
(6) Subsection (3) does not prevent the person suing for, 18
recovering or retaining, in addition to the amount allowed 19
under a regulation for the reward, an amount for GST payable 20
for a supply. 21
(7) A person who sues for, or recovers or retains, a reward or 22
expense for the performance of an activity as a resident letting 23
agent other than as provided by this section commits an 24
offence. 25
Maximum penalty for subsection (7)--200 penalty units. 26
121 Excess fees etc. to be repaid 27
(1) This section applies if-- 28
(a) a person is convicted of an offence against section 29
119(2) or 120(7); and 30
(b) the court convicting the person is satisfied on the 31
balance of probabilities that the person, in connection 32
with the offence, has recovered or retained from 33
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someone (client) for whom the person performed an 1
activity an amount to which the person was not entitled. 2
(2) The court must order the person to pay the amount to the 3
client. 4
(3) The order must be made whether or not any penalty is 5
imposed for the offence. 6
(4) The client may file the order in a court having jurisdiction for 7
the recovery of a debt of an equal amount and the order may 8
be enforced as if it were a judgment of that court. 9
Subdivision 4 Code of conduct 10
122 Code of conduct 11
A regulation may prescribe a code of conduct about resident 12
letting agent practice that may include the following-- 13
(a) setting conduct standards for resident letting agents; 14
(b) establishing principles for fair trading; 15
(c) providing for a system of complaint resolution; 16
(d) providing that contraventions of some provisions of the 17
code are an offence. 18
123 Complaints about conduct and action chief executive 19
may take 20
(1) A person aggrieved by the conduct of a resident letting agent 21
may complain in writing to the chief executive about the 22
conduct. 23
(2) The chief executive may investigate the complaint and, if 24
satisfied the code of conduct has been breached, take the 25
action about the conduct allowed under this Act. 26
Note-- 27
Breach of the code of conduct may be an offence and is a ground for 28
starting disciplinary proceedings under section 197. 29
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(3) The investigation may take place and action may be taken 1
against a person who was a resident letting agent even though 2
the person is no longer a resident letting agent. 3
Division 3 General 4
124 Registered office 5
A resident letting agent's registered office is-- 6
(a) for a resident letting agent who is a principal licensee-- 7
(i) the place the letting agent states in the letting 8
agent's application for a resident letting agent 9
licence as the letting agent's principal place of 10
business; or 11
(ii) another place notified to the chief executive by the 12
letting agent in the approved form as the letting 13
agent's principal place of business; and 14
(b) for a resident letting agent who is an employed 15
licensee-- 16
(i) the place the letting agent states in the letting 17
agent's application for a resident letting agent 18
licence as the resident letting agent's business 19
address; or 20
(ii) another place notified to the chief executive by the 21
letting agent in the approved form as the resident 22
letting agent's business address. 23
125 Resident letting agent to notify chief executive of change 24
in place of business etc. 25
(1) A resident letting agent who is a principal licensee must-- 26
(a) notify the chief executive in the approved form of any 27
change in the letting agent's principal place of business 28
within 14 days after the change; and 29
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(b) notify the chief executive in the approved form of the 1
closure of any place where the letting agent carries on 2
business within 14 days after the closure; and 3
(c) notify the chief executive in the approved form of the 4
opening of any place where the letting agent carries on 5
business within 14 days after the opening. 6
Maximum penalty--200 penalty units. 7
(2) A resident letting agent who is a principal licensee must notify 8
the chief executive of any change in, or revocation of, the 9
body corporate's approval to the letting agent to carry on the 10
business of letting lots for a building complex within 14 days 11
after the change or revocation. 12
Maximum penalty--200 penalty units. 13
(3) A resident letting agent who is an employed licensee must 14
notify the chief executive in the approved form of any change 15
in the resident letting agent's business address within 14 days 16
after the change. 17
Maximum penalty--200 penalty units. 18
126 Display and publication of licensee's name 19
(1) A resident letting agent who is a principal licensee must 20
display at each place the resident letting agent carries on 21
business, in the way prescribed under a regulation-- 22
(a) the letting agent's name; and 23
(b) if the letting agent is not the person in charge of the 24
resident letting agent's business at the place, the name of 25
the resident letting agent who is in charge of the resident 26
letting agent's business at the place; and 27
(c) the other particulars prescribed under a regulation. 28
Maximum penalty--100 penalty units. 29
(2) A resident letting agent must not publish in a newspaper or 30
elsewhere an advertisement for the resident letting agent's 31
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business without stating in the advertisement the particulars 1
prescribed under a regulation. 2
Maximum penalty--100 penalty units. 3
127 Principal licensee must keep employment register 4
(1) A resident letting agent who is a principal licensee must keep 5
a register (employment register) at each place where the 6
letting agent carries on business. 7
Maximum penalty--200 penalty units. 8
(2) The resident letting agent must enter, and keep entered, in the 9
employment register the name, and the other particulars 10
prescribed under a regulation, of each person (employee) who 11
is employed as a resident letting agent at the place. 12
Maximum penalty--200 penalty units. 13
(3) The resident letting agent must enter the particulars about 14
each employee immediately after the employee is employed at 15
the place. 16
Maximum penalty--200 penalty units. 17
(4) The form of the register may be prescribed under a regulation. 18
128 Access to particular documents 19
(1) This section applies if a resident letting agent (existing letting 20
agent)-- 21
(a) is a letting agent for a community titles scheme; and 22
(b) enters into a contract to sell management rights for the 23
community titles scheme to another resident letting 24
agent (new letting agent). 25
(2) At least 14 days before the day management rights are to pass 26
to the buyer under the contract, the existing letting agent must 27
make available to the new letting agent the existing letting 28
agent's trust account records for the community titles scheme 29
to which the management rights relate for the prescribed 30
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period before the intended date of the sale of the management 1
rights. 2
(3) If the existing letting agent fails to comply with subsection 3
(2), the new letting agent may avoid the contract. 4
(4) In this section-- 5
prescribed period means-- 6
(a) 5 years; or 7
(b) if the existing resident letting agent has been the letting 8
agent for the community titles scheme for a shorter 9
period, the shorter period. 10
Division 4 Offences 11
129 Acting as resident letting agent 12
(1) A person must not, as an agent for someone else for reward, 13
perform an activity that may be done under the authority of a 14
resident letting agent licence unless the person-- 15
(a) holds a resident letting agent licence and the 16
performance of the activity is authorised under the 17
person's licence; or 18
(b) is otherwise permitted under this or another Act to 19
perform the activity. 20
Maximum penalty--200 penalty units or 2 years 21
imprisonment. 22
(2) A lawyer does not act as a resident letting agent only because 23
the lawyer collects rents in the lawyer's practice for lots in a 24
building complex if the lawyer complies with the 25
requirements of the Legal Profession Act 2007 for the rents. 26
(3) A person does not act as a resident letting agent only because 27
the person collects rents for the provider for rooming 28
accommodation, as an employee of the provider, if the rents 29
are collected in the course of the conduct of the service. 30
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130 Resident letting agent must not act for more than 1 party 1
(1) A resident letting agent must not act for more than 1 party to a 2
transaction. 3
Maximum penalty--200 penalty units. 4
(2) If a resident letting agent acts for more than 1 party to a 5
transaction, an appointment to act for a party to the 6
transaction is ineffective from the time it is made. 7
131 Production of licence 8
A resident letting agent must, if asked by a person with whom 9
the letting agent is dealing, produce the resident letting agent 10
licence for inspection by the person. 11
Maximum penalty--100 penalty units. 12
Part 5 Employee registration as a 13
property agent salesperson 14
Division 1 Registered employees' 15
authorisation 16
132 What a registration certificate authorises 17
(1) A registration certificate authorises the holder of the 18
certificate to perform any activity that may be performed by 19
the property agent who employs the holder. 20
(2) However, the registration certificate does not authorise the 21
holder to perform an activity that the holder is not authorised 22
to perform because of a condition to which the certificate is 23
subject. 24
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Division 2 How to obtain registration 1
133 Steps involved in obtaining registration 2
(1) A person who wishes to obtain registration as a property agent 3
salesperson must be a suitable person to hold registration 4
under division 4. 5
(2) The person must apply for registration by-- 6
(a) giving the chief executive an application showing, 7
among other things, the person is eligible to obtain 8
registration; and 9
(b) paying the prescribed fees. 10
(3) In deciding the person's application, the chief executive must 11
have regard, among other things, to-- 12
(a) the person's suitability to hold a registration certificate 13
under this Act; and 14
(b) the person's eligibility to hold the registration 15
certificate. 16
Division 3 Applications for registration 17
134 Application for registration 18
(1) An applicant for registration must-- 19
(a) be an individual; and 20
(b) apply to the chief executive in the approved form; and 21
(c) state the term of the registration being applied for; and 22
(d) establish the applicant's suitability and eligibility for 23
registration as a property agent salesperson; and 24
(e) provide any information the chief executive reasonably 25
requires to decide whether the applicant is suitable and 26
eligible to be a property agent salesperson. 27
(2) The application must be accompanied by-- 28
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(a) the application fee prescribed under a regulation; and 1
(b) the registration issue fee prescribed under a regulation; 2
and 3
(c) if, before or when the application is made, a criminal 4
history costs requirement is made of the applicant--the 5
amount of the costs required to be paid. 6
135 Requirement to give chief executive information or 7
material about application 8
(1) The chief executive may, by written notice given to an 9
applicant for registration, require the applicant to give the 10
chief executive within a stated reasonable period information 11
or material the chief executive reasonably considers is needed 12
to consider the applicant's application for the registration. 13
(2) The applicant is taken to have withdrawn the application if, 14
within the stated reasonable period, the applicant fails to 15
comply with the chief executive's requirement. 16
Division 4 Suitability of applicants 17
136 Suitability of applicants 18
(1) A person is not a suitable person to obtain registration as a 19
property agent salesperson if the person is-- 20
(a) a person who has been convicted, in Queensland or 21
elsewhere, within the preceding 5 years of a serious 22
offence; or 23
(b) currently disqualified from holding a licence or 24
registration certificate; or 25
(c) a person the chief executive decides under section 137 is 26
not a suitable person to obtain registration as a property 27
agent salesperson. 28
(2) An individual who is not a suitable person can not obtain 29
registration as a property agent salesperson. 30
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137 Chief executive must consider suitability of applicants 1
(1) The chief executive must, when deciding whether a person is 2
a suitable person to obtain registration as a property agent 3
salesperson, consider all of the following things-- 4
(a) the person's character; 5
(b) whether the person held a licence or registration under a 6
relevant Act that was suspended or cancelled under the 7
relevant Act; 8
(c) whether an amount has been paid from the fund because 9
the person did, or omitted to do, something that gave 10
rise to the claim against the fund; 11
(d) whether the person has been disqualified under a 12
relevant Act from being-- 13
(i) the holder of a licence within the meaning of the 14
relevant Act; or 15
(ii) the holder of a registration certificate within the 16
meaning of the relevant Act; or 17
(iii) an executive officer of a corporation; 18
(e) whether, within the previous 5 years, QCAT, the former 19
tribunal or the District Court has made an order under 20
this Act or the repealed Act against the person because 21
of the person's involvement as a marketeer of residential 22
property; 23
(f) the person's criminal history; 24
(g) if the person is an insolvent under administration-- 25
(i) the circumstances giving rise to the person being 26
an insolvent under administration; and 27
(ii) whether the person took all reasonable steps to 28
avoid the coming into existence of the 29
circumstances that resulted in the person being an 30
insolvent under administration; and 31
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(iii) whether the person is in a position to influence 1
significantly the management of a licensee's 2
business; 3
(h) whether the person has been convicted of an offence 4
against a relevant Act or the Administration Act; 5
(i) whether the person is capable of satisfactorily 6
performing the activities of a registered property agent 7
salesperson; 8
(j) whether the person's name appears in the register of 9
disqualified company directors and other officers under 10
the Corporations Act; 11
Note-- 12
See the Corporations Act, section 1274AA (Register of 13
disqualified company directors and other officers). 14
(k) another thing the chief executive may consider under 15
this Act. 16
(2) If the chief executive decides a person is not a suitable person 17
to obtain registration as a property agent salesperson, the chief 18
executive must give the person an information notice about 19
the decision within 14 days after the decision is made. 20
(3) In this section-- 21
fund includes the claim fund under the repealed Act. 22
relevant Act means this Act, an Agents Act, the repealed Act 23
or a corresponding law. 24
138 Investigations about suitability of applicants 25
(1) The chief executive may make investigations about the 26
applicant to help the chief executive decide whether the 27
applicant is a suitable person to obtain registration as a 28
property agent salesperson. 29
(2) Without limiting subsection (1), the chief executive may ask 30
the commissioner of the police service for a report about the 31
applicant's criminal history. 32
(3) The commissioner must give the report to the chief executive. 33
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(4) However, the report is required to contain only criminal 1
history in the commissioner's possession or to which the 2
commissioner has access. 3
(5) If the criminal history of the applicant includes a conviction 4
recorded against the applicant, the commissioner's report 5
must be written. 6
139 Costs of criminal history report 7
(1) The chief executive may require an applicant to pay the 8
reasonable, but no more than actual, costs of obtaining a 9
report under section 138 about the applicant. 10
(2) The requirement is a criminal history costs requirement. 11
(3) The requirement is sufficiently made of the applicant if it is 12
made generally of applicants for, or for the renewal or 13
restoration of, registration in the relevant approved form or 14
notified on the department's website for applications of that 15
type. 16
(4) The chief executive must refund to the applicant an amount 17
paid under the requirement if-- 18
(a) the chief executive refuses the application without 19
asking for the report; or 20
(b) the applicant withdraws the application before the chief 21
executive asks for the report. 22
(5) In this section-- 23
applicant includes proposed applicant. 24
140 Confidentiality of criminal history 25
(1) A public service employee performing functions under this 26
Act must not, directly or indirectly, disclose to anyone else a 27
report about a person's criminal history, or information 28
contained in the report, given under section 138. 29
Maximum penalty--100 penalty units. 30
(2) However, the person does not contravene subsection (1) if-- 31
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(a) disclosure of the report or information to someone else 1
is authorised by the chief executive to the extent 2
necessary to perform a function under or relating to this 3
Act; or 4
(b) the disclosure is otherwise required or permitted by law. 5
(3) The chief executive must destroy a written report about a 6
person's criminal history as soon as practicable after 7
considering the person's suitability to obtain registration as a 8
property agent salesperson. 9
141 Requirement to give chief executive information or 10
material about suitability 11
(1) This section applies to an applicant for registration as a 12
property agent salesperson or the renewal or restoration of the 13
registration. 14
(2) The chief executive may, by written notice given to the 15
applicant, require the applicant to give the chief executive 16
within a stated reasonable period information or material the 17
chief executive reasonably considers is needed to establish the 18
applicant's suitability for the registration. 19
(3) The applicant is taken to have withdrawn the application if, 20
within the stated reasonable period, the applicant fails to 21
comply with the chief executive's requirement. 22
Division 5 Eligibility for registration 23
142 Eligibility for registration as property agent salesperson 24
(1) An individual is eligible to obtain registration as a property 25
agent salesperson only if the individual-- 26
(a) is at least 18 years; and 27
(b) has the educational or other qualifications for 28
registration prescribed under a regulation. 29
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(2) An individual is to be taken to satisfy the requirement 1
mentioned in subsection (1)(b) if the chief executive is 2
satisfied the individual-- 3
(a) has a comparable qualification; or 4
(b) within 2 years before the day the individual's 5
application for registration is received by the chief 6
executive-- 7
(i) has been the holder of a registration certificate as a 8
property agent salesperson under this Act; or 9
(ii) has been the holder of a comparable certificate 10
under the repealed Act. 11
Division 6 Issue of registration certificate 12
143 Chief executive may issue or refuse to issue registration 13
certificate 14
(1) The chief executive may issue or refuse to issue a registration 15
certificate to an applicant. 16
(2) The chief executive may issue a registration certificate to an 17
applicant only if the chief executive is satisfied-- 18
(a) the applicant is a suitable person to obtain registration; 19
and 20
(b) the applicant is eligible to obtain registration; and 21
(c) the application is properly made. 22
(3) For subsection (2)(c), the application is properly made only if 23
it complies with section 134 and is accompanied by the things 24
mentioned in that section. 25
(4) If the chief executive refuses to issue the registration 26
certificate, the chief executive must give the applicant an 27
information notice about the decision within 14 days after the 28
decision is made. 29
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(5) If the applicant's application for a registration certificate is 1
refused, the applicant may not make another application for a 2
registration certificate-- 3
(a) for 3 months after the day the chief executive gives the 4
applicant the information notice under subsection (4); or 5
(b) if the applicant applies to QCAT to review the chief 6
executive's decision and the decision is confirmed, for 3 7
months after the day the decision is confirmed. 8
144 Registration certificate--conditions 9
(1) The chief executive may issue a registration certificate on the 10
conditions the chief executive considers necessary or 11
desirable-- 12
(a) for the proper performance of the activities authorised 13
by the certificate; or 14
(b) for another purpose consistent with the achievement of 15
the objects of this Act or the Administration Act. 16
Example-- 17
If the chief executive decides to issue a registration certificate to a 18
person who is or has been an insolvent under administration, the chief 19
executive may issue the certificate subject to a condition that the person 20
not receive, bank or otherwise be responsible for dealing with trust 21
account moneys. 22
(2) A condition may limit or prohibit the performance of an 23
activity authorised under this Act or the Administration Act. 24
(3) If the chief executive decides to issue the certificate on 25
condition, the chief executive must give the applicant an 26
information notice about the decision within 14 days after the 27
decision is made. 28
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Division 7 Renewal and restoration of 1
registration certificates 2
Subdivision 1 Renewal 3
145 Application for renewal 4
(1) A property agent salesperson may only apply for renewal of 5
the salesperson's registration certificate before the certificate 6
expires. 7
(2) The application must-- 8
(a) be made to the chief executive in the approved form; and 9
(b) state the term of the registration being applied for; and 10
(c) be accompanied by-- 11
(i) the application fee prescribed under a regulation; 12
and 13
(ii) the registration certificate renewal fee prescribed 14
under a regulation; and 15
(iii) if, before or when the application is made, a 16
criminal history costs requirement is made of the 17
property agent salesperson--the amount of the 18
costs required to be paid. 19
146 Chief executive may renew or refuse to renew registration 20
certificate 21
(1) The chief executive must consider the renewal application and 22
may renew or refuse to renew the registration certificate. 23
(2) The chief executive may renew the certificate only if the chief 24
executive is satisfied-- 25
(a) the property agent salesperson is a suitable person to 26
obtain registration; and 27
(b) the application is properly made; and 28
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(c) the property agent salesperson meets the eligibility 1
requirements for the certificate. 2
(3) For subsection (2)(b), an application is properly made only if 3
it complies with section 145(2) and is accompanied by the 4
things mentioned in that subsection. 5
(4) If the chief executive decides to refuse the application, the 6
chief executive must give the property agent salesperson an 7
information notice about the decision within 14 days after the 8
decision is made. 9
147 Registration certificate taken to be in force while 10
application for renewal is considered 11
If an application is made under section 145, the property agent 12
salesperson's registration certificate is taken to continue in 13
force from the day that it would, apart from this section, have 14
expired until the application for renewal is decided under 15
section 146 or taken to have been withdrawn under section 16
141(3). 17
Subdivision 2 Restoration 18
148 Application for restoration 19
(1) If a property agent salesperson's registration certificate 20
expires, the person (former salesperson) may apply for 21
restoration of the certificate. 22
(2) The application must-- 23
(a) be made within 3 months after the expiry; and 24
(b) be made to the chief executive in the approved form; and 25
(c) state the term of the registration being applied for; and 26
(d) be accompanied by-- 27
(i) the application fee prescribed under a regulation; 28
and 29
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(ii) the registration renewal fee prescribed under a 1
regulation; and 2
(iii) the registration restoration fee prescribed under a 3
regulation; and 4
(iv) if the former salesperson was required as a 5
condition of the former salesperson's registration 6
to hold insurance--proof of the currency of the 7
insurance; and 8
(v) if, before or when the application is made, a 9
criminal history costs requirement is made of the 10
former salesperson--the amount of the costs 11
required to be paid. 12
149 Chief executive may restore or refuse to restore 13
registration certificate 14
(1) The chief executive must consider the restoration application 15
and may restore or refuse to restore the registration certificate. 16
(2) The chief executive may restore the certificate only if the 17
chief executive is satisfied-- 18
(a) the property agent salesperson is a suitable person to 19
obtain registration; and 20
(b) the application is properly made; and 21
(c) the property agent salesperson meets the eligibility 22
requirements for the certificate. 23
(3) For subsection (2)(b), an application is properly made only if 24
it complies with section 148(2) and is accompanied by the 25
things mentioned in that subsection. 26
(4) If the chief executive decides to refuse the application, the 27
chief executive must give the applicant an information notice 28
about the decision within 14 days after the decision is made. 29
(5) If the chief executive decides to restore the certificate-- 30
(a) the certificate is taken to have been renewed on the day 31
it would, apart from section 150, have expired (the 32
initial expiry date); and 33
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(b) to remove any doubt, a thing done during the period 1
starting on the initial expiry date and ending on the day 2
the certificate is restored under this section is taken to 3
have been as validly done as it would have been if the 4
certificate had been renewed immediately before the 5
initial expiry date. 6
150 Registration certificate taken to be in force while 7
application for restoration is considered 8
If an application is made under section 148, the property agent 9
salesperson's registration certificate is taken to continue in 10
force from the day that it would, apart from this section, have 11
expired until the application for restoration is decided under 12
section 149 or taken to have been withdrawn under section 13
141(3). 14
Division 8 Dealings with registration 15
certificates 16
Subdivision 1 Transfer of registration certificate 17
151 Transfer of registration certificate prohibited 18
A registration certificate may not be transferred. 19
Subdivision 2 General 20
152 Amendment of registration certificate conditions 21
(1) The chief executive may amend the conditions of a 22
registration certificate-- 23
(a) on the property agent salesperson's application; or 24
(b) on the order of QCAT after a disciplinary hearing; or 25
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(c) on the chief executive's own initiative. 1
Note-- 2
QCAT may deal with the conditions of a person's registration certificate 3
under section 211. 4
(2) An application under subsection (1)(a) must be made to the 5
chief executive in the approved form and be accompanied by 6
the application fee prescribed under a regulation. 7
(3) Before making an amendment under subsection (1)(a), the 8
chief executive must be satisfied the property agent 9
salesperson meets the eligibility requirements the chief 10
executive considers relevant to the amendment of the 11
condition. 12
(4) Before making an amendment under subsection (1)(c), the 13
chief executive must-- 14
(a) give written notice to the property agent salesperson-- 15
(i) of the particulars of the proposed amendment; and 16
(ii) that the property agent salesperson may make 17
written submissions to the chief executive about 18
the proposed amendment before a stated day, not 19
later than 14 days after the notice is given to the 20
salesperson; and 21
(b) have regard to submissions made to the chief executive 22
by the property agent salesperson before the stated day. 23
(5) Subsection (4) does not apply if the chief executive decides 24
that the amendment must be made urgently to ensure 25
compliance with this Act or the Administration Act. 26
(6) If the chief executive decides to amend the conditions of a 27
registration certificate under subsection (1)(c), the chief 28
executive must give the property agent salesperson an 29
information notice about the decision within 14 days after the 30
decision is made. 31
(7) The amendment takes effect-- 32
(a) on the day the written notice of the amendment is given 33
to the property agent salesperson; or 34
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(b) if a later day is stated in the notice, on 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 3
give the property agent salesperson an information notice 4
about the decision within 14 days after the decision is made. 5
153 Return of registration certificate for amendment of 6
conditions 7
(1) If the chief executive amends the conditions of a registration 8
certificate under section 152, the chief executive may require 9
the property agent salesperson to produce the certificate for 10
amendment within a stated period of not less than 14 days. 11
(2) The property agent salesperson must comply with a 12
requirement under subsection (1), unless the person has a 13
reasonable excuse. 14
Maximum penalty--100 penalty units. 15
154 Surrender of registration certificate 16
(1) A property agent salesperson may surrender the salesperson's 17
registration certificate by giving written notice, and returning 18
the certificate, to the chief executive. 19
(2) A registration certificate surrendered under this section stops 20
having effect on the day it is surrendered. 21
Division 9 Immediate suspension and 22
cancellation of registration 23
certificates 24
155 Immediate suspension 25
(1) This section applies if the chief executive believes, on 26
reasonable grounds, that-- 27
(a) a property agent salesperson's registration certificate, or 28
a renewal or restoration of the registration certificate, 29
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[s 156]
was obtained because of materially incorrect or 1
misleading information; or 2
(b) both-- 3
(i) an irregularity or deficiency exists in a licensee's 4
trust account; and 5
(ii) a property agent salesperson of the licensee may be 6
responsible for the irregularity or deficiency; or 7
(c) a property agent salesperson-- 8
(i) has contravened or is contravening this Act or the 9
Administration Act; or 10
(ii) is likely or proposing to engage in conduct that 11
would contravene this Act or the Administration 12
Act. 13
(2) The chief executive may suspend the property agent 14
salesperson's registration certificate, whether or not 15
disciplinary proceedings have been started under this Act. 16
(3) The certificate may be suspended for the period (not more 17
than 28 days), and on the conditions, the chief executive 18
decides. 19
(4) The chief executive must give the property agent salesperson 20
an information notice about the suspension within 14 days 21
after suspending the registration. 22
(5) The property agent salesperson must return the certificate to 23
the chief executive within 14 days after receiving the notice, 24
unless the property agent salesperson has a reasonable excuse. 25
Maximum penalty for subsection (5)--100 penalty units. 26
156 Immediate cancellation 27
(1) The registration certificate of a property agent salesperson is 28
cancelled if the employee is convicted of a serious offence. 29
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(2) The property agent salesperson must return the certificate to 1
the chief executive within 14 days after the conviction, unless 2
the property agent salesperson has a reasonable excuse. 3
Maximum penalty--100 penalty units. 4
Division 10 General provisions about employee 5
registration 6
157 Form of registration certificate 7
(1) A registration certificate must be in the approved form. 8
(2) However, the chief executive may approve-- 9
(a) a form of certificate for office display purposes; and 10
Example-- 11
a form of certificate that may be framed and displayed in an 12
office 13
(b) a form of certificate for personal identification purposes. 14
(3) The certificate must contain the following particulars-- 15
(a) the name of the property agent salesperson; 16
(b) the date of issue of the certificate; 17
(c) the expiry date of the certificate; 18
(d) other particulars prescribed under a regulation. 19
158 Term of registration certificate 20
A registration certificate may be issued for a 1 year or 3 year 21
term. 22
159 Replacement certificates 23
(1) A property agent salesperson may apply to the chief executive 24
for the replacement of a lost, stolen, destroyed or damaged 25
registration certificate. 26
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(2) The application must be made in the approved form and be 1
accompanied by the fee prescribed under a regulation. 2
(3) The chief executive must grant the application if the chief 3
executive is satisfied the certificate has been lost, stolen or 4
destroyed, or damaged in a way to require its replacement. 5
(4) If the chief executive grants the application, the chief 6
executive must issue another certificate to the applicant to 7
replace the lost, stolen, destroyed or damaged certificate. 8
160 Register of registration certificates 9
(1) The chief executive must keep a register of registration 10
certificates and applications for registration certificates 11
(registration certificate register). 12
(2) The registration certificate register may form part of the 13
licence register. 14
(3) The registration certificate register must contain the following 15
particulars-- 16
(a) for each applicant for a registration certificate-- 17
(i) the applicant's name; and 18
(ii) the date of the application; and 19
(iii) the application number; 20
(b) for each property agent salesperson-- 21
(i) the salesperson's name; and 22
(ii) the dates of issue and expiry of the salesperson's 23
current registration certificate; and 24
(iii) any conditions imposed on the certificate; and 25
(iv) the salesperson's registration certificate number; 26
and 27
(v) particulars of any surrender, suspension or 28
cancellation of the salesperson's registration 29
certificate or any licence or certificate issued to the 30
salesperson under this or the repealed Act. 31
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(4) A person may, on payment of the fee prescribed under a 1
regulation, inspect, or get a copy of details in, the part of the 2
register containing the particulars mentioned in subsection 3
(3)-- 4
(a) at a place or places decided by the chief executive; or 5
(b) by using a computer. 6
(5) A person may pay the fee, in advance or in arrears, under an 7
arrangement approved by the chief executive. 8
(6) The register may be kept in the way the chief executive 9
considers appropriate. 10
(7) In this section-- 11
contain includes record and store. 12
161 Property agent salespersons to notify chief executive of 13
changes in circumstances 14
(1) A property agent salesperson must give written notice to the 15
chief executive of a prescribed change in the salesperson's 16
circumstances within 14 days after the change. 17
Maximum penalty--100 penalty units. 18
(2) In this section-- 19
prescribed change means a change prescribed under a 20
regulation. 21
Part 6 Residential property sales 22
Division 1 Preliminary 23
162 Purposes of pt 6 24
The purposes of this part are-- 25
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Property Agents Bill 2010
Part 6 Residential property sales
[s 163]
(a) to give persons who enter into relevant contracts as 1
buyers a cooling-off period; and 2
(b) to require all proposed relevant contracts and relevant 3
contracts for the sale of residential property in 4
Queensland to have consumer protection information 5
attached, including information stating that a relevant 6
contract is subject to a cooling-off period; and 7
(c) to enhance consumer protection for buyers of residential 8
property by ensuring, as far as practicable, the 9
independence of lawyers acting for buyers; and 10
(d) to impose obligations on seller's agents about the 11
advertising and availability of information on 12
sustainable housing measures for the sale of particular 13
residential property. 14
163 Definitions for pt 6 15
In this part-- 16
attached, for a warning statement, any information sheet and 17
a proposed relevant contract or relevant contract, means-- 18
(a) if the documents are given other than by electronic 19
communication--attached in a secure way so that the 20
warning statement, any information sheet and the 21
proposed relevant contract or relevant contract appear to 22
be a single document; or 23
Examples of ways a warning statement and any information sheet 24
may be attached to a proposed relevant contract or relevant 25
contract-- 26
· binding 27
· stapling 28
(b) if the documents are given by electronic 29
communication--given by electronic communication at 30
the same time or, if the method of electronic 31
communication is by fax, as near as possible to the same 32
time having regard to the normal operation of fax 33
machines. 34
Page 129
Property Agents Bill 2010
Part 6 Residential property sales
[s 163]
Example-- 1
by including the documents in a single email 2
benefit means monetary or other benefit. 3
business day means a day other than a Saturday, Sunday or 4
public holiday. 5
buyer, for a matter, includes the buyer's agent authorised to 6
act for the buyer for the matter. 7
cooling-off period see section 172. 8
electronic communication see the Electronic Transactions 9
(Queensland) Act 2001, schedule 2. 10
formed on a sale by auction means formed on sale by 11
auction-- 12
(a) directly on the fall of the hammer, by outcry; or 13
(b) directly at the end of another similar type of competition 14
for purchase. 15
Examples-- 16
1 A contract for the sale of property is formed on a sale by auction 17
when the auctioneer declares the property sold on the fall of the 18
hammer. 19
2 A contract for the sale of property is not formed on a sale by 20
auction when the property is passed in at auction and a bidder 21
subsequently negotiates and purchases the property. 22
3 A contract for the sale of property is not formed on a sale by 23
auction when the contract arises directly out of a sale by tender 24
process. 25
information sheet means an information sheet in the form 26
approved under the Body Corporate and Community 27
Management Act 1997, section 206(6) or 213(5A). 28
relevant contract means a contract for the sale of residential 29
property in Queensland, other than a contract formed on a sale 30
by auction. 31
seller, for a matter, includes the seller's agent authorised to act 32
for the seller for the matter. 33
Page 130
Property Agents Bill 2010
Part 6 Residential property sales
[s 164]
termination penalty, for a relevant contract, means an amount 1
equal to 0.25% of the purchase price under the relevant 2
contract. 3
unit sale means a sale of a lot included in a community titles 4
scheme, or proposed to be included in a community titles 5
scheme. 6
warning statement means a statement in the approved form 7
that includes the information mentioned in section 168(1). 8
164 Relationship with Electronic Transactions (Queensland) 9
Act 2001 10
To remove any doubt, it is declared that the use of electronic 11
communication under this part is subject to the Electronic 12
Transactions (Queensland) Act 2001. 13
Note-- 14
For example, see the Electronic Transactions (Queensland) Act 2001, 15
section 11 for a requirement about consent and section 24 for rules 16
about when an electronic communication is received. 17
Division 2 Independence of lawyers, 18
disclosure of interests, and 19
particular valuations 20
165 Lawyer's disclosure to buyer about independence 21
(1) This section applies if a proposed buyer or buyer (in either 22
case, the buyer) engages a lawyer for the proposed purchase 23
or purchase of a residential property under a proposed relevant 24
contract or a relevant contract. 25
(2) The lawyer must give the buyer a lawyer's certificate in the 26
approved form and explain to the buyer the purpose and 27
nature of the certificate. 28
(3) The lawyer's certificate must be signed and dated by the 29
lawyer and must state-- 30
Page 131
Property Agents Bill 2010
Part 6 Residential property sales
[s 166]
(a) whether the lawyer is independent of the seller, the 1
seller's agents and anyone else involved in the sale, or 2
promotion of the sale, or provision of a service for the 3
sale, of the property and whether the lawyer has a 4
business, family or other relationship with any of those 5
persons; and 6
(b) whether the lawyer has received, is receiving, or expects 7
to receive a benefit relating to the sale, or for promoting 8
the sale, or for providing a service for the sale, of the 9
property, other than professional costs and 10
disbursements payable by the buyer; and 11
(c) the lawyer has explained to the buyer the purpose and 12
nature of the certificate. 13
166 Disclosures to prospective buyer 14
(1) A property developer marketing residential property must 15
disclose the following to any prospective buyer of the 16
property-- 17
(a) any relationship, and the nature of the relationship 18
(whether personal or commercial), the property 19
developer has with anyone to whom the property 20
developer refers the buyer for professional services 21
associated with the sale; 22
Examples of relationships for paragraph (a)-- 23
· a family relationship 24
· a business relationship, other than a casual business 25
relationship 26
· a fiduciary relationship 27
· a relationship in which 1 person is accustomed, or obliged, 28
to act in accordance with the directions, instructions, or 29
wishes of the other 30
(b) whether the property developer derives or expects to 31
derive any benefit from a person to whom the property 32
developer has referred the buyer and, if so, the amount, 33
value or nature of the benefit; 34
Page 132
Property Agents Bill 2010
Part 6 Residential property sales
[s 167]
(c) the amount, value or nature of any benefit any person 1
has received, receives, or expects to receive in 2
connection with the sale, or for promoting the sale, or 3
for providing a service in connection with the sale, of 4
the property. 5
Examples for paragraph (c) of persons who may receive a benefit-- 6
· finance broker 7
· financial adviser 8
· financier 9
· property valuer 10
· property developer 11
· seller 12
· solicitor 13
Maximum penalty--200 penalty units. 14
(2) The disclosure is effective for subsection (1) only if it is-- 15
(a) given to the prospective buyer in the approved form; and 16
(b) acknowledged by the prospective buyer in writing on the 17
approved form; and 18
(c) given and acknowledged before a contract for the sale of 19
the residential property is entered into. 20
(3) The approved form must include a statement that a property 21
developer marketing residential property must hold an interest 22
of at least 15% in the property. 23
(4) Also, for subsection (1)(c), disclosure in compliance with the 24
approved form is sufficient. 25
(5) In this section-- 26
benefit means monetary or other benefit. 27
167 Buyer to receive copy of property valuation buyer pays 28
for 29
(1) This section applies if, for a relevant contract-- 30
Page 133
Property Agents Bill 2010
Part 6 Residential property sales
[s 168]
(a) it is a term of the relevant contract that the buyer must 1
pay for a valuation of the property that, under the 2
relevant contract, is not required to have been given to 3
the buyer before the relevant contract is entered into; or 4
(b) the seller or the seller's agent otherwise requires that the 5
buyer must pay for a valuation of the property that is not 6
required to be given or to have been given to the buyer 7
before the relevant contract is entered into. 8
(2) Despite the term or requirement, the seller or seller's agent 9
commits an offence if the seller or agent fails to give the buyer 10
a copy of the valuation before the relevant contract is entered 11
into. 12
Maximum penalty--200 penalty units. 13
(3) The term or requirement is effective only if, before the 14
relevant contract was entered into by the buyer, the buyer 15
received the valuation and, in writing, acknowledged the 16
receipt. 17
(4) Subsection (3) does not affect subsection (2). 18
(5) A contravention of subsection (2) does not affect the validity 19
of the relevant contract. 20
Division 3 Warning statements for proposed 21
relevant contracts and relevant 22
contracts 23
168 Content and effectiveness of warning statement 24
(1) A warning statement for a proposed relevant contract or 25
relevant contract must include the following information-- 26
(a) the relevant contract is subject to a cooling-off period; 27
(b) when the cooling-off period starts and ends; 28
(c) a recommendation that the proposed buyer or buyer seek 29
independent legal advice about the proposed relevant 30
Page 134
Property Agents Bill 2010
Part 6 Residential property sales
[s 169]
contract or relevant contract before the cooling-off 1
period ends; 2
(d) a recommendation that the proposed buyer or buyer seek 3
an independent valuation of the property before the 4
cooling-off period ends; 5
(e) what will happen if the buyer terminates the relevant 6
contract before the cooling-off period ends; 7
(f) the percentage of the purchase price that will not be 8
refunded from the deposit if the relevant contract is 9
terminated before the cooling-off period ends; 10
(g) if the seller under the proposed relevant contract or 11
relevant contract is a property developer, that a person 12
who suffers financial loss because of, or arising out of, 13
the person's dealings with a property developer or the 14
property developer's employees can not make a claim 15
against the claim fund. 16
(2) A statement purporting to be a warning statement is of no 17
effect unless the words on the statement are presented in 18
substantially the same way as the words are presented on the 19
approved form. 20
169 Warning statement etc. if proposed relevant contract is 21
given to buyer for signing 22
(1) This section applies-- 23
(a) if a proposed relevant contract is given to a proposed 24
buyer by a seller for signing; and 25
(b) whether or not the proposed relevant contract has been 26
signed by the seller. 27
(2) When the seller gives the proposed relevant contract to the 28
proposed buyer the seller must-- 29
(a) have a warning statement attached to the proposed 30
relevant contract; and 31
Page 135
Property Agents Bill 2010
Part 6 Residential property sales
[s 169]
(b) if the proposed relevant contract relates to a unit sale, 1
have an information sheet attached to the proposed 2
relevant contract; and 3
(c) give the proposed buyer a clear statement directing the 4
proposed buyer's attention to-- 5
(i) the warning statement and proposed relevant 6
contract; and 7
(ii) if the proposed relevant contract relates to a unit 8
sale, the information sheet. 9
Example of a clear statement-- 10
Suppose that when a proposed relevant contract for a unit sale, 11
warning statement and information sheet are given to a proposed 12
buyer those documents are accompanied by a covering letter. 13
The letter could include a clear statement as follows-- 14
`Your attention is drawn to the warning statement, information 15
sheet and proposed relevant contract accompanying this letter.'. 16
(3) To remove any doubt, it is declared that a person contravenes 17
subsection (2)(c)(i) or (ii) if at the time the statement is given 18
the warning statement or information sheet is not attached to 19
the proposed relevant contract. 20
(4) For this section a proposed relevant contract does not become 21
another proposed relevant contract merely because, as a result 22
of negotiations, the terms and conditions of the proposed 23
relevant contract change if the residential property concerned 24
and the parties remain the same. 25
(5) For subsection (4) it is immaterial whether the proposed 26
relevant contract is textually amended to show the changed 27
terms and conditions or another proposed relevant contract 28
form is prepared that incorporates the changes. 29
(6) If subsection (2) is contravened-- 30
(a) if the seller personally gave the proposed relevant 31
contract--the seller personally; or 32
(b) if the seller's agent gave the proposed relevant 33
contract--the seller's agent; 34
commits an offence. 35
Page 136
Property Agents Bill 2010
Part 6 Residential property sales
[s 170]
Maximum penalty--200 penalty units. 1
(7) It is a defence to a prosecution for an offence against 2
subsection (6) for the seller or the seller's agent to prove that 3
the seller or the seller's agent gave notice to the proposed 4
buyer under section 170. 5
(8) If there are 2 or more proposed buyers relating to the proposed 6
relevant contract and subsection (2) is complied with for at 7
least 1 of the proposed buyers, the subsection is taken to have 8
been complied with for each of the proposed buyers. 9
170 Defence for s 169(6) 10
(1) This section applies if, before a proposed relevant contract 11
becomes a relevant contract, the seller or the seller's agent 12
contravenes a requirement of section 169(2) for the proposed 13
relevant contract. 14
(2) For the defence mentioned in section 169(7), the seller or the 15
seller's agent may notify the proposed buyer of the failure to 16
comply at any time before the proposed relevant contract 17
becomes a relevant contract. 18
(3) The notice must identify the failure to comply and-- 19
(a) state that the proposed relevant contract is withdrawn; 20
and 21
(b) advise whether new documents complying with the 22
requirements of section 169(2) will be given to the 23
proposed buyer. 24
171 Warning statement must be attached to relevant contract 25
(1) This section applies when a seller gives a buyer a copy of the 26
relevant contract. 27
(2) The seller must-- 28
(a) have the warning statement mentioned in section 29
169(2)(a) attached to the relevant contract; and 30
Page 137
Property Agents Bill 2010
Part 6 Residential property sales
[s 172]
(b) if the relevant contract relates to a unit sale, have the 1
information sheet mentioned in section 169(2)(b) 2
attached to the relevant contract. 3
(3) If subsection (2) is contravened-- 4
(a) if the seller personally gave the buyer a copy of the 5
relevant contract--the seller personally; or 6
(b) if the seller's agent gave the buyer a copy of the relevant 7
contract--the seller's agent; 8
commits an offence. 9
Maximum penalty for subsection (3)--200 penalty units. 10
Division 4 Waiving and shortening cooling-off 11
periods 12
172 Cooling-off period 13
(1) The cooling-off period, for a relevant contract, is a period of 5 14
business days-- 15
(a) starting on-- 16
(i) the day the buyer receives a copy of the relevant 17
contract from the seller; or 18
(ii) if the buyer receives a copy of the relevant contract 19
from the seller on a day other than a business day, 20
the first business day after the day the buyer 21
receives the copy from the seller; and 22
(b) ending at 5p.m. on the fifth business day. 23
Example-- 24
Assume the buyer receives a copy of the relevant contract from the seller 25
at any time on a Monday. Assume also that the cooling-off period is not 26
affected by a day that is not a business day. The cooling-off period ends 27
at 5p.m. on the following Friday. 28
(2) For subsection (1), if the buyer signs the relevant contract 29
after the seller signed it, the buyer is taken to have received a 30
copy of the relevant contract from the seller when the buyer 31
Page 138
Property Agents Bill 2010
Part 6 Residential property sales
[s 173]
has both signed the relevant contract and communicated the 1
buyer's acceptance of the seller's offer to the seller. 2
173 Waiving cooling-off period 3
(1) A person who proposes to enter into a relevant contract as a 4
buyer (the buyer) may only waive the cooling-off period for 5
the relevant contract by giving the seller under the proposed 6
relevant contract a lawyer's certificate in the approved form. 7
(2) The lawyer's certificate must be given to the seller before the 8
buyer and the seller enter into the relevant contract. 9
(3) The lawyer's certificate must be signed and dated by the 10
lawyer giving the certificate and confirm the following by 11
stating-- 12
(a) the lawyer is independent of the seller, the seller's 13
agents and anyone else involved in the sale, or 14
promotion of the sale, or provision of a service for the 15
sale, of the property and has no business, family or other 16
relationship with any of those persons; 17
(b) the lawyer has not received, is not receiving, and does 18
not expect to receive a benefit for the sale, or for 19
promoting the sale, or for providing a service for the 20
sale, of the property, other than professional costs and 21
disbursements payable by the buyer; 22
(c) the lawyer has explained to the buyer-- 23
(i) the effect of a relevant contract in terms of the 24
proposed relevant contract; and 25
(ii) the purpose and nature of the certificate; and 26
(iii) the legal effect of the buyer giving the certificate to 27
the seller. 28
174 Shortening cooling-off period 29
(1) A buyer under a relevant contract may only shorten the 30
cooling-off period for the relevant contract by giving the seller 31
a lawyer's certificate in the approved form. 32
Page 139
Property Agents Bill 2010
Part 6 Residential property sales
[s 175]
(2) The lawyer's certificate must be signed and dated by the 1
lawyer giving the certificate and confirm the following by 2
stating-- 3
(a) the lawyer is independent of the seller, the seller's 4
agents and anyone else involved in the sale, or 5
promotion of the sale, or provision of a service for the 6
sale, of the property and has no business, family or other 7
relationship with any of those persons; 8
(b) the lawyer has not received, is not receiving, and does 9
not expect to receive a benefit relating to the sale, or for 10
promoting the sale, or for providing a service for the 11
sale, of the property, other than professional costs and 12
disbursements payable by the buyer; 13
(c) the lawyer has explained to the buyer-- 14
(i) the effect of the relevant contract; and 15
(ii) the purpose and nature of the certificate; and 16
(iii) the legal effect of the buyer giving the certificate to 17
the seller. 18
(3) The giving of a lawyer's certificate under this section is 19
effective to shorten the period to 5p.m. (or another stated 20
time) on the day stated in the certificate. 21
Division 5 Terminating relevant contracts 22
175 Buyer may terminate relevant contract in certain 23
circumstance if clear statement is not given under s 24
169(2)(c)(i) 25
(1) This section applies if a seller personally or a seller's agent 26
fails to comply with section 169(2)(c)(i). 27
(2) Subject to subsections (3) and (4), if the proposed relevant 28
contract concerned becomes a relevant contract, the buyer 29
may terminate the relevant contract at any time before it 30
settles by giving a signed, dated notice of termination to the 31
seller. 32
Page 140
Property Agents Bill 2010
Part 6 Residential property sales
[s 176]
(3) The buyer may not terminate the relevant contract if the buyer 1
signed the warning statement attached to the proposed 2
relevant contract under section 169(2)(a) before the buyer 3
signed the proposed relevant contract. 4
(4) The termination must happen not later than 90 days after the 5
day the buyer receives a copy of the relevant contract from the 6
seller. 7
(5) The notice of termination must state that the relevant contract 8
is terminated under this section. 9
(6) If the relevant contract is terminated, the seller must, within 10
14 days after the termination, refund any deposit paid under 11
the relevant contract to the buyer. 12
Maximum penalty--200 penalty units. 13
(7) If the relevant contract is terminated, the seller personally or 14
the seller's agent is liable to the buyer for the buyer's 15
reasonable legal and other expenses incurred by the buyer for 16
the relevant contract after the buyer signed the relevant 17
contract. 18
(8) An amount payable to the buyer under this section is 19
recoverable as a debt. 20
176 Terminating relevant contract during cooling-off period 21
(1) A buyer who has not waived the cooling-off period for a 22
relevant contract under section 173 may terminate the contract 23
at any time during the cooling-off period or, if that period has 24
been shortened under section 174, the shortened period, by 25
giving a signed, dated notice of termination to the seller. 26
(2) The notice of termination must state that the relevant contract 27
is terminated under this section. 28
(3) The seller may deduct from any deposit paid under the 29
relevant contract an amount not greater than the termination 30
penalty. 31
(4) The seller must, within 14 days after the relevant contract is 32
terminated, refund to the buyer-- 33
Page 141
Property Agents Bill 2010
Part 6 Residential property sales
[s 177]
(a) any deposit paid under the relevant contract; or 1
(b) the balance of any deposit paid under the relevant 2
contract after deducting an amount of not more than the 3
termination penalty. 4
Maximum penalty--200 penalty units. 5
(5) An amount payable to the buyer under subsection (4) is 6
recoverable as a debt. 7
Division 6 Accounting requirements for 8
relevant contracts 9
177 Application of div 6 10
This division applies if-- 11
(a) the seller under a relevant contract is a property 12
developer; and 13
(b) a relevant contract provides for the payment by the 14
buyer under the relevant contract of an amount (part 15
payment) for the purchase of property; and 16
(c) the buyer is not entitled under the relevant contract to 17
receive a registrable instrument of transfer of the 18
property in exchange for the part payment. 19
Example of part payment-- 20
a deposit payable under the relevant contract 21
178 Part payments must be paid to particular persons 22
(1) The part payment must be paid directly to-- 23
(a) the public trustee; or 24
(b) a law practice; or 25
(c) a property agent; 26
within 3 business days after the amount is paid by the buyer. 27
Page 142
Property Agents Bill 2010
Part 6 Residential property sales
[s 179]
(2) If the property developer receives a part payment and fails to 1
comply with subsection (1), the property developer commits 2
an offence. 3
Maximum penalty--200 penalty units or 1 year's 4
imprisonment. 5
(3) A provision of the relevant contract is void if it provides for 6
payment of the part payment other than in accordance with 7
subsection (1). 8
(4) A provision of an instrument made in connection with the 9
relevant contract is void if it provides for payment of the part 10
payment other than in accordance with subsection (1). 11
(5) In this section-- 12
law practice means any of the following, within the meaning 13
of the Legal Profession Act 2007, that has an office in 14
Queensland-- 15
(a) an Australian legal practitioner who is a sole practitioner 16
but not a barrister under that Act; 17
(b) a law firm; 18
(c) an incorporated legal practice; 19
(d) a multi-disciplinary partnership. 20
179 Part payment to be held in trust 21
(1) The part payment must be held-- 22
(a) if the part payment is paid to the public trustee, by the 23
public trustee in a trust account kept for this Act by the 24
public trustee; or 25
(b) if the part payment is paid to an individual, by the 26
individual in a trust account kept for this Act by-- 27
(i) the individual; or 28
(ii) if the individual is a member of a firm or 29
partnership, the firm or partnership of which the 30
individual is a member. 31
Page 143
Property Agents Bill 2010
Part 6 Residential property sales
[s 180]
(2) The part payment must be dealt with by the public trustee, 1
individual, firm or partnership in accordance with the law 2
governing the operation of the public trustee's, individual's, 3
firm's or partnership's trust account. 4
Division 7 Advertising sale of particular 5
properties--sustainability 6
declarations 7
Subdivision 1 Preliminary 8
180 Definitions for div 7 9
In this division-- 10
Building Act means the Building Act 1975. 11
current sustainability declaration, for a residential dwelling, 12
means the current sustainability declaration for the dwelling 13
under the Building Act, chapter 8A, part 1. 14
publish includes-- 15
(a) publish on the internet; and 16
(b) cause to be published. 17
relevant advertisement means an advertisement in any form 18
or medium, other than-- 19
(a) an advertisement published in a newspaper or magazine; 20
or 21
(b) a sign advertising the sale of a residential dwelling, if 22
the sign was not prepared specifically to advertise the 23
sale of the particular dwelling. 24
residential dwelling means a class 1a building or class 2 25
building under the Building Act for which a sustainability 26
declaration must be prepared under chapter 8A, part 1, 27
division 2 of that Act. 28
Page 144
Property Agents Bill 2010
Part 6 Residential property sales
[s 181]
Examples of a class 1a building-- 1
detached house, terrace house and town house 2
Example of a class 2 building-- 3
a building containing 2 or more sole-occupancy units that are separate 4
dwellings 5
seller's agent see section 181(1). 6
Subdivision 2 Requirements about advertising 7
sale, and inspection, of residential 8
dwellings 9
181 Application of sdiv 2 10
(1) This subdivision applies to an entity (the seller's agent) 11
appointed to sell a residential dwelling under a written 12
agreement under this Act by the person authorising the sale of 13
the dwelling. 14
(2) However, this subdivision applies to the seller's agent only 15
until the earlier of the following days-- 16
(a) the day a contract for the sale of the dwelling settles; 17
(b) the day the dwelling is withdrawn from sale. 18
182 Requirements about advertising sale of residential 19
dwelling 20
(1) The seller's agent must not publish a relevant advertisement 21
for the sale of the residential dwelling unless the 22
advertisement includes information about where a person may 23
obtain a copy of the current sustainability declaration for the 24
dwelling. 25
Example-- 26
An advertisement published on the internet might include a link to a 27
website at which a person may obtain a copy of the declaration. 28
Maximum penalty--100 penalty units. 29
Page 145
Property Agents Bill 2010
Part 6 Residential property sales
[s 183]
(2) The seller's agent must not give a person a document 1
advertising the sale of the residential dwelling unless-- 2
(a) the person has a copy of the current sustainability 3
declaration for the dwelling; or 4
(b) a copy of the declaration accompanies the document. 5
Maximum penalty--100 penalty units. 6
(3) Subsection (2) does not apply to the seller's agent if the 7
document is given to the person at-- 8
(a) the residential dwelling; and 9
(b) a time it is generally open to the public for inspection by 10
potential buyers of the dwelling. 11
183 Requirements about inspection of residential dwelling 12
(1) At any time the residential dwelling is generally open to the 13
public for inspection by potential buyers of the dwelling, the 14
seller's agent must ensure a copy of the current sustainability 15
declaration for the dwelling is conspicuously displayed so 16
anyone entering the dwelling can easily read the declaration. 17
Maximum penalty--100 penalty units. 18
(2) If a person enters the residential dwelling to inspect it as a 19
potential buyer of the dwelling, other than at a time mentioned 20
in subsection (1), the seller's agent must ensure-- 21
(a) the person has a copy of the current sustainability 22
declaration before the person enters the dwelling; or 23
(b) a copy of the declaration is readily available for 24
inspection by the person before the person enters the 25
dwelling and the person is advised by the seller's agent 26
that a copy is available for inspection; or 27
(c) a copy of the declaration is conspicuously displayed at 28
the dwelling so the person can easily read it. 29
Maximum penalty--100 penalty units. 30
Page 146
Property Agents Bill 2010
Part 6 Residential property sales
[s 184]
184 Requirement to give copy of sustainability declaration 1
If a person who is a potential buyer of the residential dwelling 2
asks the seller's agent for a copy of the current sustainability 3
declaration for the dwelling, the seller's agent must give the 4
person a copy as soon as practicable. 5
Maximum penalty--100 penalty units. 6
185 Breach of obligation does not give rise to civil right or 7
remedy 8
A breach of an obligation under this subdivision does not of 9
itself give rise to an action for breach of statutory duty or 10
another civil right or remedy. 11
Subdivision 3 Publishing or giving incomplete or 12
false or misleading sustainability 13
declaration 14
186 Application of sdiv 3 15
This subdivision applies if-- 16
(a) a seller's agent-- 17
(i) publishes a relevant advertisement for the sale of a 18
residential dwelling that includes information 19
about a current sustainability declaration for the 20
dwelling; or 21
(ii) gives or makes available to a person a current 22
sustainability declaration for the dwelling; and 23
(b) the declaration is incomplete or contains information 24
that is false or misleading; and 25
(c) if the declaration contains information that is false or 26
misleading--the information was not included in the 27
declaration by the seller's agent, or because of any 28
representation made by or for the seller's agent, after the 29
seller signs it. 30
Page 147
Property Agents Bill 2010
Part 7 Trust accounts
[s 187]
187 No right to terminate contract for publishing or giving 1
declaration 2
The buyer under a relevant contract, or a contract formed on a 3
sale by auction, for the sale of the residential dwelling can not 4
terminate the contract only because the declaration is 5
incomplete or contains information that is false or misleading. 6
188 Publishing or giving declaration does not contravene 7
particular provisions 8
(1) It is declared that the mere publication of the advertisement or 9
the giving of or making available the declaration does not 10
constitute a contravention of any of the following provisions 11
by the seller's agent-- 12
(a) section 233, 234, 235 or 238(1); 13
(b) the Australian Consumer Law (Queensland), section 18, 14
20, 29, 30, 151 or 152. 15
(2) To remove any doubt, it is declared that merely publishing the 16
advertisement, or giving or making available the declaration, 17
does not constitute a contravention of section 233, 234(1), 18
235(1) or 238(1) for which a person may make a claim against 19
the fund. 20
(3) Subsection (2) applies despite section 192(1)(a). 21
Part 7 Trust accounts 22
189 Opening and maintaining trust accounts 23
(1) A principal licensee must open and maintain a trust account 24
under the Administration Act if an amount is likely to be 25
received by the licensee for a transaction, or with written 26
direction for its use, when performing the activities of a 27
property agent. 28
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[s 190]
Maximum penalty--200 penalty units or 2 years 1
imprisonment. 2
(2) In this section-- 3
amount-- 4
(a) includes deposit and purchase money for a transaction; 5
but 6
(b) does not include an amount payable to the licensee for a 7
transaction in refund of an expense the licensee was 8
authorised to incur and did incur and for which the 9
licensee holds a receipt. 10
Part 8 Claims against the fund 11
Division 1 Preliminary 12
190 Definitions for pt 8 13
In this part-- 14
financial loss, suffered by a person, if evidenced by a 15
judgment of a court, does not include interest awarded on the 16
judgment. 17
licensee includes a former licensee and a person who is not 18
licensed, but who acts as a licensee. 19
marketeering contravention means a contravention of any of 20
the following by a relevant person-- 21
(a) section 233, 234 or 235; 22
(b) section 573A, 573B or 573C of the repealed Act. 23
relevant person means-- 24
(a) a licensee; or 25
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[s 191]
(b) a licensee's employee or agent, or a person carrying on 1
business with the licensee; or 2
(c) a person having charge or control, or apparent charge or 3
control, of a licensee's registered office or business. 4
191 What is the purchase of a non-investment residential 5
property 6
A person purchases a non-investment residential property 7
only if-- 8
(a) the property is a residential property; and 9
(b) either of the following has been assessed for the 10
purchase-- 11
(i) a concession, under the Duties Act 2001, chapter 2, 12
part 9, for transfer duty; 13
(ii) a concession, under the repealed Stamp Act 1894, 14
section 55A, for stamp duty. 15
Division 2 Claims against the fund 16
192 Claims 17
(1) A person may make a claim, in the way provided under the 18
Administration Act, against the fund if the person suffers 19
financial loss because of the happening of any of the 20
following events-- 21
(a) the contravention of any of the following provisions by a 22
relevant person-- 23
· section 91 24
· section 92 25
· section 96(1) 26
· section 189 27
· section 232 28
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[s 193]
· section 233 1
· section 234 2
· section 235 3
· section 238; 4
Note-- 5
See, however, see section 188 for particular activities that do not 6
constitute a contravention of section 233, 234, 235 or 238(1) for 7
which a person may make a claim against the fund. 8
(b) a contravention of any of the following provisions of the 9
Land Sales Act 1984 by a licensee appointed by the 10
owner of land to which that Act applies or a relevant 11
person employed by the licensee-- 12
· section 9 13
· section 11 14
· section 12 15
· section 21 16
· section 23 17
· section 24; 18
(c) a stealing, misappropriation or misapplication by a 19
relevant person of property entrusted to the person as 20
agent for someone else in the person's capacity as a 21
relevant person. 22
(2) A person may make a claim against the fund under subsection 23
(1) even if the person has made another claim for the loss 24
against a receiver and the receiver has not considered or has 25
refused the other claim. 26
193 Persons who can not claim 27
(1) A person who suffers financial loss because of, or arising out 28
of, the stealing, misappropriation or misapplication of an 29
amount that a relevant person was directed to invest under the 30
Administration Act, section 13(1)(c) can not make a claim 31
against the fund. 32
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[s 194]
(2) The following persons can not make a claim against the fund 1
for any of the following financial losses-- 2
(a) a relevant person who suffers financial loss in the course 3
of performing an activity, or carrying on business, as a 4
relevant person; 5
(b) a person holding a licence, however described, under a 6
corresponding law that is similar to a licence under this 7
Act who suffers financial loss in the course of 8
performing an activity, or carrying on business, under 9
the person's licence; 10
(c) a person who suffers financial loss because of a failure 11
to disclose or make effective disclosure under section 12
84; 13
(d) a person who suffers financial loss because of, or arising 14
out of, a marketeering contravention relating to the 15
purchase by the person of a residential property, other 16
than a non-investment residential property. 17
194 Claims limited to realised loss 18
(1) A person may make a claim against the fund for financial loss 19
relating to a non-investment residential property purchased by 20
the person because of, or arising out of, a marketeering 21
contravention only to the extent the loss is capital loss. 22
(2) Also, capital loss mentioned in subsection (1) may be claimed 23
only if the loss has been realised as mentioned in the 24
Administration Act, section 102. 25
Part 9 Jurisdiction of QCAT 26
195 Definitions for pt 9 27
In this part-- 28
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[s 196]
former licensee means a person who held a licence under this 1
or the repealed Act at any time within 3 years before a 2
proceeding under this part is started involving the person. 3
former registered employee means a person who was a 4
registered employee, or the holder of a certificate of 5
registration under the repealed Act, at any time within 1 year 6
before a proceeding under this part is started involving the 7
person. 8
licensee includes a former licensee. 9
196 Jurisdiction 10
For this Act, QCAT has the following jurisdiction-- 11
(a) to hear and decide disciplinary matters involving a 12
licensee, property agent salesperson or a former 13
registered employee; 14
(b) to hear and decide applications under this Act relating to 15
marketeers; 16
(c) to review decisions of the chief executive relating to 17
licensing or registration. 18
Part 10 Proceedings 19
Division 1 Disciplinary proceedings 20
197 Grounds for starting disciplinary proceedings 21
(1) The following are grounds for starting a disciplinary 22
proceeding against a licensee or property agent salesperson-- 23
(a) the licensee or salesperson has been convicted of an 24
indictable offence or an offence against this Act or the 25
Administration Act; 26
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[s 197]
(b) the licensee or salesperson has contravened or 1
breached-- 2
(i) this Act, including a code of conduct; or 3
(ii) the Administration Act; or 4
(iii) an undertaking given under part 11, division 2; or 5
(iv) a corresponding law; 6
(c) the licensee or salesperson has been disqualified from 7
holding a licence under a corresponding law; 8
(d) an amount has been paid from the fund because the 9
licensee or salesperson did, or omitted to do, something 10
that gave rise to a claim against the fund; 11
(e) the licensee or salesperson fraudulently or improperly 12
obtained, or helped someone else to fraudulently or 13
improperly obtain, a licence or registration certificate; 14
(f) the licensee or salesperson has failed to comply with an 15
order made by a court, the former tribunal or QCAT; 16
(g) for a licensee-- 17
(i) the licensee is not a suitable person to hold a 18
licence; or 19
(ii) the licensee has carried on, or is carrying on, 20
business under a licence with someone who is not a 21
suitable person to hold a licence; or 22
(iii) the licensee has, in carrying on a business or 23
performing an activity, been incompetent or acted 24
in an unprofessional way; or 25
(iv) the licensee has failed to ensure the licensee's 26
employed licensees or property agent salespersons, 27
or employees under the licensee's supervision-- 28
(A) are properly supervised in the performance 29
of their duties; or 30
(B) comply with this Act; or 31
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[s 198]
(v) the licensee has failed to comply with a condition 1
of the licensee's licence; or 2
(vi) the licensee is an executive officer of a corporation 3
for whom QCAT finds grounds exist to take 4
disciplinary action under section 211; or 5
(vii) if the licensee is a corporation-- 6
(A) an executive officer of the corporation is not 7
a suitable person to be an executive officer of 8
a corporation; or 9
(B) an executive officer of the corporation is 10
disqualified under this Act from being an 11
executive officer of a corporation; 12
(h) for a property agent salesperson-- 13
(i) the salesperson is not eligible to be employed as a 14
property agent salesperson; or 15
(ii) the salesperson has--in performing an activity of a 16
licensee, been incompetent or acted in an 17
unprofessional way. 18
(2) The chief executive must not start a disciplinary proceeding 19
against an executive officer under subsection (1)(g)(vi) if the 20
chief executive is satisfied-- 21
(a) the act or omission relevant to the proceeding against 22
the corporation was done or made without the executive 23
officer's knowledge; and 24
(b) the executive officer could not, with reasonable 25
diligence, have prevented the doing of the act or the 26
making of the omission. 27
198 Starting disciplinary proceedings 28
The chief executive may apply to QCAT to conduct a 29
proceeding to decide whether grounds exist under section 197 30
for taking disciplinary action against a licensee or property 31
agent salesperson. 32
Page 155
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[s 199]
Division 2 Marketeer proceedings 1
199 Grounds for starting marketeer proceeding 2
The following are grounds for starting a proceeding against a 3
marketeer for orders under section 213 (marketeer 4
proceeding)-- 5
(a) the marketeer has contravened or is contravening section 6
233, 234 or 235; 7
(b) the marketeer is likely or proposing to engage in 8
conduct that would contravene section 233, 234 or 235; 9
(c) the marketeer is reasonably suspected of anything 10
mentioned in paragraph (a) or (b). 11
200 How to start a proceeding 12
(1) The chief executive may apply, as provided under the QCAT 13
Act, to QCAT to conduct a marketeer proceeding. 14
(2) The application must state-- 15
(a) the grounds for starting the proceeding; and 16
(b) the conduct constituting the grounds; and 17
(c) that an application will be made for 1 or more orders 18
under section 213. 19
Division 3 Review proceedings 20
201 Person dissatisfied with chief executive's decision may 21
seek review 22
A person who is dissatisfied with a decision of the chief 23
executive made under a provision mentioned in schedule 1 24
may apply to QCAT to have the decision reviewed. 25
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[s 202]
202 Stay of operation of decisions 1
(1) A decision of the chief executive, other than a decision made 2
under section 65 or 155, being reviewed is stayed for the 3
purpose of securing the effectiveness of the review. 4
(2) However, the period of a stay does not extend past the time 5
when QCAT decides the application. 6
203 QCAT may extend time 7
(1) QCAT may extend the time within which to seek review of a 8
decision of the chief executive if it is satisfied-- 9
(a) the application is made within 42 days after the person 10
receives notice of the decision to be reviewed; and 11
(b) it is appropriate to extend time having regard to-- 12
(i) the application generally; and 13
(ii) the justice of the matter generally. 14
(2) No appeal lies against QCAT's decision under this section. 15
Division 4 Proceedings generally 16
Subdivision 1 Reference committee 17
204 Reference committee 18
(1) A reference committee is established. 19
(2) The reference committee consists of-- 20
(a) the commissioner for fair trading; and 21
(b) 2 community representatives who are not public service 22
employees. 23
(3) One of the community representatives must have a 24
demonstrated interest in civil liberties and the other must be a 25
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[s 205]
person the Minister considers has appropriate and relevant 1
experience in fair trading issues. 2
(4) Community representatives are to be appointed by the 3
Governor in Council. 4
(5) The community representatives' appointment term and 5
conditions are as decided by the Governor in Council. 6
205 Reference committee functions 7
The reference committee's function is to decide whether 8
conduct of a marketeer that is being investigated under this 9
Act should be the subject of an application to QCAT for a 10
public examination. 11
206 Reference committee may authorise application for 12
public examination 13
(1) If the chief executive considers that a public examination may 14
help the chief executive decide whether or not to start a 15
marketeer proceeding against a marketeer, the chief executive 16
may refer the conduct to the reference committee. 17
(2) After considering all relevant issues, the reference committee 18
may authorise the chief executive to make an application to 19
QCAT for a public examination under subdivision 2. 20
(3) The reference committee must not authorise the chief 21
executive to make the application unless satisfied-- 22
(a) it is unlikely further investigation of the conduct by an 23
inspector will be effective for deciding whether to start a 24
marketeer proceeding; and 25
(b) a public examination may help find out whether a 26
marketeer has contravened section 233, 234 or 235; and 27
(c) it is in the public interest to make the application. 28
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[s 207]
Subdivision 2 Public examinations 1
207 QCAT may conduct public examination 2
(1) QCAT may, on the chief executive's application, conduct a 3
public examination that investigates the conduct of a 4
marketeer to find out whether the marketeer has contravened 5
section 233, 234 or 235. 6
(2) The application may be made whether or not a marketeer 7
proceeding has been started. 8
(3) This division applies to a public examination as if it were a 9
hearing before QCAT. 10
208 Procedure before public examination starts 11
(1) Before the start of a public examination, QCAT must be 12
satisfied each person to be examined has received written 13
grounds for the public examination. 14
(2) On being satisfied under subsection (1), QCAT must-- 15
(a) decide a time and place for the public examination; and 16
(b) issue an attendance notice to each person to be 17
examined. 18
(3) If a person to be examined is a corporation QCAT must issue 19
the attendance notice requiring a named executive officer of 20
the corporation to attend QCAT for examination. 21
(4) The attendance notice must state-- 22
(a) the time and place for the public examination decided by 23
QCAT; and 24
(b) the person may make oral and written submissions at the 25
public examination. 26
(5) The chief executive must serve the attendance notice on the 27
person to whom it was issued. 28
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[s 209]
209 Person must answer particular questions 1
(1) This section applies if a person being examined at a public 2
examination refuses to answer any question put to the person. 3
(2) If QCAT requires the person to answer the question, QCAT 4
must advise the person of the following-- 5
(a) that if the answer might incriminate the person, the 6
person may claim, before giving the answer, that giving 7
the answer might incriminate the person; 8
(b) the effect that making the claim will have on the 9
admissibility of the answer in any proceeding against 10
the person. 11
(3) The person must answer the question, unless the person has a 12
reasonable excuse. 13
Maximum penalty--500 penalty units. 14
(4) It is not a reasonable excuse to fail to answer the question that 15
answering might tend to incriminate the person. 16
(5) The answer is not admissible in any criminal or civil 17
proceeding against the person, other than-- 18
(a) the public examination of a person; or 19
(b) a proceeding to review a reviewable decision; or 20
(c) an appeal against QCAT's decision to require the 21
answer; or 22
(d) a perjury proceeding. 23
(6) In this section-- 24
perjury proceeding means a proceeding in which the falsity or 25
misleading nature of the answer is relevant. 26
reviewable decision means a decision of the chief executive 27
mentioned in schedule 1. 28
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[s 210]
Subdivision 3 Stopping particular conduct 1
210 Stopping particular conduct 2
(1) This section applies if a marketeer proceeding has been 3
started against a marketeer and, on the chief executive's 4
application, QCAT is satisfied, or is satisfied there is a 5
reasonable suspicion, that the marketeer-- 6
(a) has contravened or is contravening section 233, 234 or 7
235; or 8
(b) is likely or proposing to engage in conduct that would 9
contravene section 233, 234 or 235. 10
(2) QCAT may, by order, prohibit the marketeer from engaging in 11
conduct that, alone or together with other conduct, is a 12
contravention of section 233, 234 or 235, until the end of the 13
marketeer proceeding. 14
(3) QCAT may make an order under this section on the chief 15
executive's application made without notice to the marketeer 16
but, in that case, QCAT must allow the marketeer a reasonable 17
opportunity to show cause why the order should not be 18
confirmed. 19
(4) If QCAT, after considering the marketeer's evidence and 20
representations, if any, and any further evidence or 21
representations of the chief executive, is not satisfied the order 22
should continue in force, QCAT must cancel the order. 23
(5) A person must not contravene an order under this section. 24
Maximum penalty--540 penalty units. 25
(6) In a proceeding against a person under this Act, the making of 26
an order under this section is evidence of the facts or 27
circumstances giving rise to the making of the order. 28
(7) An order under this section has effect on the giving of a copy 29
of the order to the marketeer. 30
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[s 211]
Subdivision 4 QCAT's orders 1
211 Orders QCAT may make on disciplinary hearing 2
(1) QCAT may make 1 or more of the following orders against a 3
person for whom QCAT finds grounds exist to take 4
disciplinary action under this Act-- 5
(a) an order reprimanding the person; 6
(b) an order that the person pay to the State, within the 7
period stated in the order, a fine of not more than-- 8
(i) for an individual--200 penalty units; or 9
(ii) for a corporation--1000 penalty units; 10
(c) an order that the person pay compensation (inclusive of 11
any commission to which the person is not entitled) to 12
someone else who has suffered loss or damage because 13
of the act or omission that resulted in the finding; 14
(d) an order that the person's licence or registration 15
certificate be suspended for the period stated in the 16
order; 17
(e) an order-- 18
(i) if the person is the holder of a licence or 19
registration certificate when the order is 20
made--that the licence or registration certificate be 21
cancelled; or 22
(ii) whether or not the person is the holder of a licence 23
or registration certificate when the order is 24
made--that the person be disqualified 25
permanently, or for the period stated in the order, 26
from holding a licence or registration certificate; 27
(f) an order, for a licensed individual who is an executive 28
officer of a corporation, that the individual be 29
disqualified permanently, or for the period stated in the 30
order, from being an executive officer of a corporation 31
that holds a licence; 32
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[s 212]
(g) an order imposing conditions on, or amending or 1
revoking the conditions of, the person's licence or 2
registration certificate; 3
(h) another order QCAT considers appropriate to ensure the 4
person complies with this Act. 5
(2) QCAT may not make an order under subsection (1)(e)(ii) 6
disqualifying the person from holding a licence or registration 7
certificate if QCAT is satisfied a court has, for the matter 8
giving rise to the disciplinary proceeding-- 9
(a) been asked to make an order under section 256(2) 10
disqualifying the person from holding a licence or 11
registration certificate; and 12
(b) declined to do so. 13
(3) The chief executive may recover a fine, ordered by QCAT to 14
be paid by the person to the chief executive, as a debt owing 15
to the chief executive in a court with jurisdiction to recover 16
debts up to the amount of the fine. 17
212 Stopping contraventions 18
(1) This section applies if QCAT is satisfied, on application by 19
the chief executive, that a person is doing, or is about to do, 20
something in contravention of this Act. 21
(2) This section does not apply if section 210 applies. 22
(3) QCAT may, by order, prohibit the person who is doing, or is 23
about to do, the thing (the prohibited person) from starting or 24
continuing to do the thing. 25
(4) QCAT may make an order under this section on the chief 26
executive's application made without notice to the prohibited 27
person but, in that case, QCAT must allow the prohibited 28
person a reasonable opportunity to show cause why the order 29
should not be confirmed. 30
(5) If QCAT, after considering the prohibited person's evidence 31
and submissions, if any, and any further evidence or 32
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[s 213]
submissions of the chief executive, is not satisfied the order 1
should continue in force, QCAT must rescind the order. 2
(6) A person must not contravene an order under this section. 3
Maximum penalty--540 penalty units. 4
(7) An order under this section has effect on the giving of a copy 5
of the order to the prohibited person. 6
213 Orders QCAT may make in a marketeer proceeding 7
(1) This section applies if, in a marketeer proceeding, QCAT is 8
satisfied a marketeer has contravened section 233, 234 or 235. 9
(2) QCAT may make 1 or more of the following orders against 10
the marketeer-- 11
(a) an order that the person pay to the chief executive, 12
within the period stated in the order, an amount of not 13
more than the money value of-- 14
(i) for an individual--200 penalty units; or 15
(ii) for a corporation--1000 penalty units; 16
(b) an order that the person's licence or registration 17
certificate, if any, be suspended for the period stated in 18
the order; 19
(c) an order-- 20
(i) if the person is the holder of a licence or 21
registration certificate when the order is 22
made--that the licence or registration certificate be 23
cancelled; or 24
(ii) whether or not the person is the holder of a licence 25
or registration certificate when the order is 26
made--that the person be disqualified, for the 27
period stated in the order, of not more than 5 years, 28
from holding a licence or registration certificate; 29
(d) an order that an individual be disqualified, for the period 30
stated in the order, of not more than 5 years, from being 31
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[s 213]
an executive officer of any corporation that holds a 1
licence; 2
(e) an order imposing conditions on, or amending or 3
revoking the conditions of, the person's licence or 4
registration certificate, if any; 5
(f) an order prohibiting a person from being involved in any 6
way in the business of the sale, or promotion of the sale, 7
or provision of a service in connection with the sale, of 8
residential property in Queensland for the period stated 9
in the order, of not more than 5 years; 10
(g) an order restricting the way the person conducts the 11
business of the sale, or promotion of the sale, or 12
provision of a service in connection with the sale, of 13
residential property in Queensland for the period stated 14
in the order, of not more than 5 years; 15
(h) an order to pay to a person who has suffered financial 16
loss, as compensation, an amount, decided by QCAT, up 17
to the limit of a Magistrates Court's civil jurisdiction; 18
(i) another order QCAT considers appropriate to ensure the 19
person complies with this Act. 20
(3) However, QCAT may make an order under subsection (2)(a) 21
or (h) against a person who is not licensed or a property agent 22
salesperson only on the basis of evidence, submissions and 23
other information received in accordance with the evidentiary 24
law and practice applicable to a civil proceeding in a 25
Magistrates Court. 26
(4) If-- 27
(a) QCAT proposes to order a marketeer to pay an amount 28
to the chief executive under subsection (2)(a)(i) and 29
compensation under subsection (2)(h); and 30
(b) the marketeer does not have enough financial resources 31
to pay both; 32
QCAT must prefer to make an order for compensation. 33
(5) If-- 34
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[s 214]
(a) QCAT orders a corporation to pay an amount to the 1
chief executive under subsection (2)(a)(ii) or 2
compensation under subsection (2)(h); and 3
(b) the corporation does not have enough financial 4
resources to pay either or both; 5
the executive officers of the corporation are jointly and 6
severally liable to pay any amount not paid by the corporation. 7
(6) It is a defence to a liability under subsection (5) for an 8
executive officer to prove that-- 9
(a) if the officer was in a position to influence the conduct 10
of the corporation relating to the conduct in 11
question--the officer took all reasonable steps to ensure 12
the corporation did not contravene section 233, 234 or 13
235; or 14
(b) the officer was not in a position to influence the conduct 15
of the corporation relating to the conduct in question. 16
(7) For subsection (6)(a), it is sufficient for the executive officer 17
to prove that the act or omission that was the conduct in 18
question was done or made without the officer's knowledge 19
despite the officer having taken all reasonable steps to ensure 20
the corporation did not contravene section 233, 234 or 235. 21
214 Criteria for deciding amount to be ordered 22
To decide the amount a person may be ordered to pay under 23
section 213, QCAT must consider-- 24
(a) the person's conduct before and after the contravention; 25
and 26
(b) whether the conduct was deliberate; and 27
(c) the period over which the conduct happened; and 28
(d) the amount of financial loss caused by the 29
contravention; and 30
(e) any similar past conduct of the person, including 31
conduct happening before the commencement of this 32
section; and 33
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[s 215]
(f) the person's financial position; and 1
(g) whether the conduct could have been prevented; and 2
(h) if the person is a corporation--the extent to which the 3
executive officers of the corporation knew or should 4
have known of the contravention; and 5
(i) any action the person took to remedy the contravention 6
including, for example, compensating persons who 7
suffered financial loss because of it; and 8
(j) the extent to which the person cooperated with the chief 9
executive to remedy the contravention and prevent 10
future contraventions; and 11
(k) any other relevant factor. 12
Subdivison 5 Chief executive's right of appeal 13
215 Appeal 14
(1) The chief executive may appeal to the appeal tribunal against 15
any decision of QCAT, but only on the ground of error of law. 16
(2) In this section-- 17
appeal tribunal means QCAT as constituted under the QCAT 18
Act, section 166 for the purposes of an appeal. 19
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Part 11 Injunctions, undertakings, preservation of assets and civil penalties
[s 216]
Part 11 Injunctions, undertakings, 1
preservation of assets and civil 2
penalties 3
Division 1 Injunctions 4
216 Injunctions 5
An injunction under this division may be granted by the 6
District Court against a person (respondent) at any time. 7
217 Who may apply for injunction 8
The following persons may apply to the District Court for an 9
injunction-- 10
(a) the chief executive; 11
(b) a person aggrieved by the respondent's conduct. 12
218 Grounds for injunction 13
The District Court may grant an injunction if the court is 14
satisfied a person has engaged, or is proposing to engage, in 15
conduct that constitutes or would constitute-- 16
(a) a contravention of this Act or the code of conduct; or 17
(b) attempting to contravene this Act or the code of 18
conduct; or 19
(c) aiding, abetting, counselling or procuring a person to 20
contravene this Act or the code of conduct; or 21
(d) inducing or attempting to induce, whether by threats, 22
promises or otherwise, a person to contravene this Act 23
or the code of conduct; or 24
(e) being in any way, directly or indirectly, knowingly 25
concerned in, or party to, the contravention by a person 26
of this Act or the code of conduct; or 27
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Part 11 Injunctions, undertakings, preservation of assets and civil penalties
[s 219]
(f) conspiring with others to contravene this Act or the code 1
of conduct. 2
219 Court's powers for injunctions 3
(1) The power of the District Court to grant an injunction 4
restraining a person from engaging in conduct may be 5
exercised-- 6
(a) whether or not it appears to the court that the person 7
intends to engage again, or to continue to engage, in 8
conduct of that kind; and 9
(b) whether or not the person has previously engaged in 10
conduct of that kind. 11
(2) The power of the court to grant an injunction requiring a 12
person to do an act or thing may be exercised-- 13
(a) whether or not it appears to the court that the person 14
intends to fail again, or to continue to fail, to do the act 15
or thing; and 16
(b) whether or not the person has previously failed to do the 17
act or thing. 18
(3) An interim injunction may be granted under this part until the 19
application is finally decided. 20
(4) The District Court may rescind or vary an injunction at any 21
time. 22
220 Terms of injunction 23
(1) The District Court may grant an injunction in the terms the 24
court considers appropriate. 25
(2) Without limiting the court's power under subsection (1), an 26
injunction may be granted restraining a person from carrying 27
on a business as a licensee (whether or not the person is 28
licensed or the business is carried on as part of, or incidental 29
to, the carrying on of another business)-- 30
(a) for a stated period; or 31
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(b) other than on stated terms and conditions. 1
(3) Also, the court may grant an injunction requiring a person to 2
take stated action, including action to disclose information or 3
publish advertisements, to remedy any adverse consequences 4
of the person's contravention of this Act or the code of 5
conduct. 6
221 Undertakings as to costs 7
If the chief executive applies for an injunction under this 8
division, no undertaking as to damages or costs may be 9
required or made. 10
Division 2 Undertakings 11
222 Chief executive may seek undertaking after 12
contravention 13
(1) If the chief executive believes on reasonable grounds a person 14
has contravened or been involved in a contravention of this 15
Act or the code of conduct, the chief executive may, by 16
written notice given to the person-- 17
(a) state the act or omission the chief executive believes is 18
the contravention; and 19
(b) ask the person to give the chief executive a written 20
undertaking that the person will not continue or repeat 21
the act or omission. 22
(2) If-- 23
(a) the person gives the undertaking and, if the 24
contravention is conduct consisting of a series of acts or 25
omissions, the person stops the conduct; and 26
(b) the chief executive accepts the undertaking; 27
the chief executive can not start an offence proceeding against 28
the person for the contravention, unless the chief executive 29
withdraws the undertaking under section 224. 30
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223 Undertaking about other matter 1
Without limiting section 222, the chief executive may accept 2
an undertaking given by a person about anything for which the 3
chief executive or an inspector has a function or power. 4
Example of type of undertaking for this section-- 5
an undertaking to publish corrective advertising 6
224 Variation and withdrawal of undertakings 7
(1) If the chief executive accepts the undertaking, it may be 8
varied or withdrawn at any time by-- 9
(a) the person who gave it, but only if the chief executive 10
agrees to the variation or withdrawal; or 11
(b) the chief executive, if the chief executive believes, on 12
reasonable grounds-- 13
(i) that, before it was accepted, the person who gave it 14
contravened this Act in a way unknown to the chief 15
executive; and 16
(ii) had the chief executive known about the 17
contravention, the chief executive would not have 18
accepted the undertaking or would not have 19
accepted it unless its terms were changed. 20
(2) The chief executive may also withdraw the undertaking if the 21
chief executive believes, on reasonable grounds, it is no 22
longer necessary. 23
(3) If the chief executive varies or withdraws, or agrees to the 24
variation or withdrawal of, the undertaking, the chief 25
executive must give the person who gave it written notice of 26
its variation or withdrawal. 27
(4) The variation or withdrawal takes effect when written notice 28
of the variation or withdrawal is received by the person. 29
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225 Enforcement of undertakings 1
(1) If the chief executive believes on reasonable grounds a person 2
has contravened a term of an undertaking, the chief executive 3
may apply to the District Court for an order under this section. 4
(2) If the District Court is satisfied the person has contravened the 5
term, the court may make 1 or more of the following orders-- 6
(a) an order directing the person to comply with the term; 7
(b) an order directing the person to pay to the State an 8
amount that is not more than the direct or indirect 9
financial benefit obtained by the person from, and 10
reasonably attributable to, the contravention; 11
(c) an order directing the person to pay compensation to 12
someone else who has suffered loss or damage because 13
of the contravention; 14
(d) an order directing the person to give a security bond to 15
the State for a stated period; 16
(e) another order the court considers appropriate. 17
(3) The District Court may order the forfeiture to the State of all 18
or part of a security bond given by a person under subsection 19
(2)(d) if-- 20
(a) the chief executive applies to the court for the order; and 21
(b) the court is satisfied the person contravened the 22
undertaking during the period for which the bond was 23
given. 24
226 Register of undertakings 25
(1) The chief executive must keep a register of each undertaking 26
given to the chief executive by a person under this division. 27
(2) The register must contain a copy of the undertaking. 28
(3) The chief executive may publish the information contained in 29
the register on the department's website. 30
(4) A person may, on payment of the fee prescribed under a 31
regulation, inspect, or get a copy of details in, the register-- 32
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(a) at a place or places decided by the chief executive; or 1
(b) by using a computer. 2
(5) A person may pay the fee, in advance or in arrears, under an 3
arrangement approved by the chief executive. 4
(6) The register may be kept in the way the chief executive 5
considers appropriate. 6
Division 3 Preservation of assets 7
227 Powers of court for preservation of assets 8
(1) This section applies if any of the following proceedings have 9
been started against a marketeer-- 10
(a) a proceeding before the District Court for the grant of an 11
injunction; 12
(b) a proceeding before the District Court about a 13
contravention of an undertaking; 14
(c) a marketeer proceeding; 15
(d) a proceeding before the District Court under division 4 16
for a civil penalty. 17
(2) On the chief executive's application, the District Court may 18
make an order mentioned in subsection (3) if satisfied-- 19
(a) it is necessary or desirable to preserve property held by 20
or for the marketeer because the marketeer is or may 21
become liable under this Act-- 22
(i) to pay an amount to the chief executive; or 23
(ii) to pay compensation; or 24
(iii) to refund an amount; or 25
(iv) to transfer, sell or return other property; and 26
(b) it will not unduly prejudice the rights and interests of 27
any other person. 28
(3) The orders the court may make are-- 29
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(a) an order prohibiting a person who owes an amount to 1
the marketeer or an associate of the marketeer from 2
paying all or part of the amount to, or to another person 3
at the request of, the marketeer or associate; and 4
(b) an order prohibiting a person holding property for the 5
marketeer or an associate of the marketeer from 6
transferring all or any of the property to, or to another 7
person at the request of, the marketeer or associate; and 8
(c) an order prohibiting the taking by any person of the 9
property of the marketeer or an associate of the 10
marketeer out of the State; and 11
(d) if the marketeer is an individual--an order appointing, 12
with the powers stated in the order, a receiver or trustee 13
of all or part of the property of the marketeer or an 14
associate of the marketeer. 15
(4) Subject to subsection (5), the order may be expressed to 16
operate-- 17
(a) for a stated period; or 18
(b) until proceedings under any other provision of this Act 19
for which the order was made have ended. 20
(5) An application and an order may be made under this section 21
without notice to, and in the absence of, the marketeer or the 22
associate, but in that case the order must not be made for a 23
period of more than 30 days. 24
(6) A person to whom an order is directed under this section must 25
comply with the order. 26
Maximum penalty--540 penalty units. 27
(7) In this section-- 28
associate, of a marketeer, means-- 29
(a) a person holding property for the marketeer; or 30
(b) if the marketeer is a body corporate--a wholly-owned 31
subsidiary of the marketeer. 32
prohibit means prohibit absolutely or on conditions. 33
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request includes direction. 1
take includes the following-- 2
(a) send; 3
(b) transfer. 4
transferring means transferring, paying or otherwise parting 5
with possession of. 6
Division 4 Civil penalties and compensation 7
orders for particular contraventions 8
228 Application of div 4 9
This division applies if a person contravenes section 233, 234 10
or 235. 11
229 Application for order imposing civil penalties 12
(1) The chief executive may apply to the District Court (court) for 13
an order requiring the person-- 14
(a) to pay to the State a money penalty; or 15
(b) to pay to a person who suffered financial loss because of 16
the contravention an amount as compensation. 17
(2) The application may be made together with any other 18
application the chief executive may make under this part. 19
230 Orders District Court may make 20
(1) This section applies if the court is satisfied the person has 21
contravened section 233, 234 or 235. 22
(2) The court may order the person to pay to the State, as a money 23
penalty, an amount up to the limit of the court's civil 24
jurisdiction for each contravention. 25
(3) If satisfied another person has suffered financial loss because 26
of the contravention, the court may order the person to pay to 27
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the other person, as compensation, an amount, decided by the 1
court, up to the limit of the court's civil jurisdiction. 2
(4) If-- 3
(a) the court proposes to order an individual to pay a money 4
penalty under subsection (2) and compensation under 5
subsection (3); and 6
(b) the person does not have the resources to pay both; 7
the court must prefer to make an order for compensation. 8
(5) If-- 9
(a) the court orders a corporation to pay a money penalty 10
under subsection (2) or compensation under subsection 11
(3); and 12
(b) the corporation does not have enough financial 13
resources to pay either or both; 14
the executive officers of the corporation are jointly and 15
severally liable to pay any amount not paid by the corporation. 16
(6) It is a defence to a liability under subsection (5) for an 17
executive officer to prove that-- 18
(a) if the officer was in a position to influence the conduct 19
of the corporation relating to the conduct in 20
question--the officer took all reasonable steps to ensure 21
the corporation did not contravene section 233, 234 or 22
235; or 23
(b) the officer was not in a position to influence the conduct 24
of the corporation relating to the conduct in question. 25
(7) For subsection (6)(a), it is sufficient for the executive officer 26
to prove that the act or omission that was the conduct in 27
question was done or made without the officer's knowledge 28
despite the officer having taken all reasonable steps to ensure 29
the corporation did not contravene section 233, 234 or 235. 30
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231 Criteria for deciding amount to be ordered 1
To decide an amount a person may be ordered to pay under 2
section 230, the court must consider-- 3
(a) the person's conduct before and after the contravention; 4
and 5
(b) whether the conduct was deliberate; and 6
(c) the period over which the conduct happened; and 7
(d) the amount of financial loss caused by the 8
contravention; and 9
(e) any similar past conduct of the person, including 10
conduct happening before the commencement of this 11
section; and 12
(f) the person's financial position; and 13
(g) whether the conduct could have been prevented; and 14
(h) if the person is a corporation--the extent to which the 15
executive officers of the corporation knew or should 16
have known of the contravention; and 17
(i) any action the person took to remedy the contravention 18
including, for example, compensating persons who 19
suffered financial loss because of it; and 20
(j) the extent to which the person cooperated with the chief 21
executive to remedy the contravention and prevent 22
future contraventions; and 23
(k) any other relevant factor. 24
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Part 12 General contraventions, 1
evidentiary matters and legal 2
proceedings 3
Division 1 General contraventions 4
232 Wrongful conversion and false accounts 5
(1) This section applies if a licensee, in the performance of the 6
activities of a licensee-- 7
(a) receives an amount belonging to someone else; or 8
(b) falsely accounts for money. 9
(2) A licensee who-- 10
(a) dishonestly converts the amount to the licensee's own or 11
someone else's use; or 12
(b) dishonestly renders an account of the amount knowing it 13
to be false in a material particular; 14
commits a crime. 15
Maximum penalty--1000 penalty units or 5 years 16
imprisonment. 17
(3) For a prosecution under subsection (2)(a), it is enough for the 18
prosecution to prove that the licensee dishonestly converted 19
an amount belonging to someone else to the licensee's own 20
use or someone else's use without having to prove that the 21
amount belonged to a particular person. 22
(4) A licensee, in the performance of the activities of a licensee, 23
must not, including by the rendering of an account, represent 24
that the licensee has received an amount from someone else 25
when the licensee had not in fact received the amount. 26
Maximum penalty--540 penalty units. 27
(5) In this section-- 28
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licensee includes a former licensee and a person who is not 1
licensed, but who acts as a licensee. 2
233 Misleading conduct 3
A marketeer must not, in connection with the sale, or for 4
promoting the sale, or for providing a service in connection 5
with the sale, of residential property in Queensland, engage in 6
conduct that is misleading or is likely to mislead. 7
Note-- 8
For remedies for a contravention, see part 11 (Injunctions, undertakings, 9
preservation of assets and civil penalties). 10
234 Unconscionable conduct 11
(1) A marketeer must not, in connection with the sale, or for 12
promoting the sale, or for providing a service in connection 13
with the sale, of residential property in Queensland, engage in 14
conduct that is, in all the circumstances, unconscionable. 15
Note-- 16
For remedies for a contravention, see part 11 (Injunctions, undertakings, 17
preservation of assets and civil penalties). 18
(2) Without limiting the matters to which regard may be had to 19
decide whether a marketeer has contravened subsection (1), 20
regard may be had to-- 21
(a) the relative strengths of the bargaining positions of the 22
marketeer and the buyer of the property; and 23
(b) whether, because of conduct engaged in by the 24
marketeer, the buyer was required to comply with 25
conditions that were not reasonably necessary for the 26
protection of the legitimate interests of the marketeer; 27
and 28
(c) whether the buyer was able to understand any 29
documents relating to the sale, or promotion of the sale, 30
or provision of a service in connection with the sale, of 31
the property; and 32
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(d) whether any undue influence or pressure was exerted on, 1
or any unfair tactics were used against, the buyer or the 2
person acting for the buyer by the marketeer in 3
connection with the marketing of the property; and 4
(e) the amount for which, and the circumstances under 5
which, the buyer could have acquired an equivalent or 6
similar property from another person; and 7
(f) the extent to which the marketeer's conduct towards the 8
buyer was consistent with the marketeer's conduct in 9
similar transactions between the marketeer and other 10
like buyers; and 11
(g) the requirements of any applicable code of conduct; and 12
(h) the extent to which the marketeer unreasonably failed to 13
disclose to the buyer-- 14
(i) any intended conduct of the marketeer that might 15
affect the interests of the buyer; and 16
(ii) any risks to the buyer arising from the marketeer's 17
intended conduct, if the risks are risks the 18
marketeer should have foreseen would not be 19
apparent to the buyer; and 20
(i) the extent to which the marketeer failed to disclose to 21
the buyer-- 22
(i) any relationships of the marketeer to other 23
marketeers in connection with the sale, or for 24
promoting the sale, or for providing a service in 25
connection with the sale, of the property; or 26
(ii) anything required to be disclosed under this Act; 27
and 28
(j) the extent to which the marketeer was unwilling to 29
negotiate the terms and conditions of any contract for 30
the sale of the property with the buyer; and 31
(k) whether or not it was reasonably practicable for the 32
buyer to negotiate for the alteration of, or to reject, any 33
of the provisions of the contract for the property; and 34
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(l) whether or not the buyer or a person who represented 1
the buyer was reasonably able to protect the interests of 2
the buyer because of the age or physical or mental 3
condition of the buyer or the person who represented the 4
buyer; and 5
(m) whether or not, and if so when, the buyer obtained, or an 6
opportunity was made available to the buyer to obtain, 7
independent legal, valuation or other expert advice; and 8
(n) the extent to which the provisions of the contract and the 9
contract's legal and practical effect were accurately 10
explained to the buyer and whether or not the buyer 11
understood those provisions and their effect; and 12
(o) whether the marketeer took measures to ensure the 13
buyer understood the nature and implications of the 14
transaction and, if so, the adequacy of those measures; 15
and 16
(p) whether at the time the contract was entered into, the 17
marketeer knew, or could have ascertained by 18
reasonable inquiry of the buyer at the time, that the 19
buyer could not pay in accordance with its terms or not 20
without substantial hardship; and 21
(q) the extent to which the marketeer and the buyer acted in 22
good faith; and 23
(r) any other relevant factor. 24
235 False representations and other misleading conduct 25
relating to residential property 26
(1) A marketeer must not, in connection with the sale, or for 27
promoting the sale, or for providing a service in connection 28
with the sale, of residential property in Queensland, represent 29
in any way to someone else anything that is false or 30
misleading. 31
Note-- 32
For remedies for a contravention, see part 11 (Injunctions, undertakings, 33
preservation of assets and civil penalties). 34
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(2) Without limiting subsection (1), a marketeer must not, in 1
connection with the sale, or for promoting the sale, or for 2
providing a service in connection with the sale, of residential 3
property, or the possible sale of residential property in 4
Queensland-- 5
(a) represent that the person has a sponsorship, approval or 6
affiliation the person does not have; or 7
(b) make a false or misleading representation about-- 8
(i) the nature of the interest in the property; or 9
(ii) the price payable for the property; or 10
(iii) the location of the property; or 11
(iv) the characteristics of the property; or 12
(v) the use to which the property is capable of being 13
put or may lawfully be put; or 14
(vi) the existence or availability of facilities associated 15
with the property; or 16
(vii) the value of the property at the date of the sale; or 17
(viii) the potential income from the leasing of the 18
property; or 19
(ix) if the property has been previously sold, the date of 20
the sale and the consideration for the sale; or 21
(x) how the purchase of the property may affect the 22
incidence of income taxation on the buyer; or 23
(c) offer gifts, prizes or other free items with the intention 24
of not providing them or of not providing them as 25
offered. 26
Note-- 27
For remedies for a contravention see part 11 (Injunctions, undertakings, 28
preservation of assets and civil penalties). 29
(3) Without limiting subsection (1) or (2), a representation is 30
taken, for the subsection, to be false or misleading if it would 31
reasonably tend to lead to a belief in the existence of a state of 32
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affairs that does not in fact exist, whether or not the 1
representation indicates that state of affairs does exist. 2
(4) Also, if a person makes a representation relating to a matter 3
and the person does not have reasonable grounds for making 4
the representation, the representation is taken to be 5
misleading. 6
(5) The onus of establishing that the person had reasonable 7
grounds for making the representation is on the person. 8
(6) It is not a defence to a proceeding for a contravention of 9
subsection (1) or (2) for the marketeer to prove that an 10
agreement with the person was terminated or that the person 11
did not enter into an agreement because of the representation. 12
(7) This section does not limit another Act or law about false or 13
misleading representations. 14
Example-- 15
Australian Consumer Law (Queensland), section 30 (False or 16
misleading representations about sale etc. of land) 17
(8) In this section-- 18
false or misleading, for a representation, includes the wilful 19
concealment of a material fact in the representation. 20
236 Application of ss 234, 235 and 236 21
(1) Sections 233, 234 and 235 are in addition to, and do not limit, 22
any other law, written or unwritten, about conduct mentioned 23
in them. 24
(2) Sections 233, 234 and 235 apply to conduct, whether 25
happening in or outside Queensland, relating to residential 26
property in Queensland. 27
237 Offensive conduct relating to residential property 28
(1) A marketeer must not unduly harass another person in 29
connection with the sale or possible sale of residential 30
property in Queensland. 31
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Maximum penalty--540 penalty units. 1
(2) In this section-- 2
unduly harass includes the following-- 3
(a) the use of any physical force; 4
(b) coercion. 5
238 False representations about property 6
(1) A licensee or property agent salesperson must not represent in 7
any way to someone else anything that is false or misleading 8
relating to the letting, exchange or sale of property. 9
Maximum penalty--540 penalty units. 10
(2) Without limiting subsection (1), a licensee or property agent 11
salesperson must not, in connection with the sale, or the 12
possible sale, of an interest in land or in connection with the 13
promotion in any way of the sale of an interest in land, 14
represent in any way to someone else anything that is false or 15
misleading relating to-- 16
(a) the value of the land at the date of sale; or 17
(b) the potential income from the leasing of the land; or 18
(c) if the land has been previously sold, the date of the sale 19
and the consideration for the sale; or 20
(d) how the purchase of the land may affect the incidence of 21
income taxation on the buyer. 22
Maximum penalty--540 penalty units. 23
(3) Without limiting subsection (1) or (2), a representation is 24
taken, for the subsection, to be false or misleading if it would 25
reasonably tend to lead to a belief in the existence of a state of 26
affairs that does not in fact exist, whether or not the 27
representation indicates that the state of affairs does exist. 28
(4) Also, if a person makes a representation relating to a matter 29
and the person does not have reasonable grounds for making 30
the representation, the representation is taken to be 31
misleading. 32
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(5) The onus of establishing that the person had reasonable 1
grounds for making the representation is on the person. 2
(6) It is not a defence to a prosecution under subsection (1) or (2) 3
for the defendant to prove that an agreement with the person 4
was terminated or that the person did not enter into an 5
agreement because of the representation. 6
(7) This section does not limit another Act or law about false or 7
misleading representations. 8
Example-- 9
Australian Consumer Law (Queensland), section 30 (False or 10
misleading representations about sale etc. of land) 11
(8) In this section-- 12
false or misleading, for a representation, includes the wilful 13
concealment of a material fact in the representation. 14
239 Representation of price of property to seller--property 15
agent 16
(1) This section applies if a person wanting to sell residential 17
property (seller) asks a property agent for information about 18
the price at which residential property that is to be, or may be, 19
offered for sale by auction (offered property) is likely to be 20
sold if it is sold by auction. 21
(2) The property agent must give the seller a written notice stating 22
that if the seller does not set a price at which the seller agrees 23
to sell the offered property (reserve price), the offered 24
property will be sold for the price offered by the highest of 25
any bids made when the property is auctioned. 26
Maximum penalty--200 penalty units. 27
(3) If the seller appoints the property agent to sell the offered 28
property, the property agent must obtain from the seller before 29
the offered property is auctioned a written notice stating the 30
following-- 31
(a) if the seller sets a reserve price--the reserve price; 32
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(b) if the seller does not set a reserve price--that the seller 1
understands that the offered property will be sold for the 2
highest of any bids made when the offered property is 3
auctioned. 4
Maximum penalty--200 penalty units. 5
(4) A property agent must not help a seller decide the reserve 6
price for offered property unless, before the seller decides the 7
price, the property agent gives the seller-- 8
(a) a copy of a comparative market analysis for the offered 9
property; or 10
(b) if a comparative market analysis can not be prepared for 11
the offered property, a written explanation showing how 12
the property agent decided the market value of the 13
property. 14
Maximum penalty--540 penalty units. 15
(5) In this section-- 16
comparative market analysis, for an offered property, means 17
a document comparing the offered property with at least 3 18
properties sold within the previous 6 months that are of a 19
similar standard or condition to the offered property and are 20
within 5km of that property. 21
240 Property agent not to indicate reserve or other price to 22
bidder 23
(1) This section applies if a person (bidder) wanting to bid for 24
residential property that is to be, or may be, offered for sale by 25
auction (offered property) asks a property agent for 26
information about the price at which the offered property is 27
likely to be sold when it is auctioned. 28
(2) The property agent must not in any way disclose to the 29
bidder-- 30
(a) whether the seller has set a reserve price for the offered 31
property under section 239; or 32
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(b) the reserve price set under section 239 for the offered 1
property; or 2
(c) an amount the property agent considers is a price likely 3
to result in a successful or acceptable bid for the offered 4
property. 5
Maximum penalty--540 penalty units. 6
(3) However, the property agent does not commit an offence 7
against subsection (2) if, on the seller's written instructions, 8
the property agent gives the bidder whichever of the following 9
was given to the seller-- 10
(a) the comparative market analysis for the offered 11
property; 12
(b) the written explanation showing how the property agent 13
decided the market value of the property. 14
241 Representation of price of property--property agent 15
(1) This section applies if a person wanting to sell residential 16
property asks a property agent for information about the price 17
at which residential property that is to be, or may be, offered 18
for sale, whether or not by auction, (offered property) is likely 19
to be sold. 20
(2) If the property agent decides to give the person the 21
information, the property agent must, when giving the person 22
the information, give the person-- 23
(a) a copy of a comparative market analysis for the offered 24
property; or 25
(b) if a comparative market analysis can not be prepared for 26
the offered property, a written explanation showing how 27
the property agent decided the market value of the 28
property. 29
Maximum penalty--540 penalty units. 30
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242 Property agent not to indicate reserve price to potential 1
buyer 2
(1) This section applies if a person wanting to buy residential 3
property (potential buyer) asks a property agent for 4
information about the price at which residential property that 5
is to be, or may be, offered for sale, whether or not by auction, 6
(offered property) is likely to be sold or is, or is likely to be, 7
offered for sale. 8
(2) If the offered property is to be offered for sale by auction, the 9
property agent must not disclose to the potential buyer-- 10
(a) whether the seller has set a reserve price for the offered 11
property; or 12
(b) the reserve price set for the offered property; or 13
(c) an amount the property agent considers is a price likely 14
to result in a successful or acceptable bid for the offered 15
property. 16
Maximum penalty--540 penalty units. 17
(3) If the property is not to be offered for sale by auction and the 18
seller has instructed the property agent not to disclose the 19
price at which the seller is willing to sell the offered property, 20
the property agent must not disclose to the potential buyer the 21
price at which the seller is willing to sell the offered property. 22
Maximum penalty--540 penalty units. 23
(4) However, the property agent does not commit an offence 24
against subsection (2) or (3) if, on the seller's written 25
instructions, the property agent gives the potential buyer a 26
copy of whichever of the following was given to the seller-- 27
(a) the comparative market analysis for the offered 28
property; 29
(b) the written explanation showing how the property agent 30
decided the market value of the property. 31
Maximum penalty--540 penalty units. 32
Page 188
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Part 12 General contraventions, evidentiary matters and legal proceedings
[s 243]
243 Chief executive's power to ask for substantiation of 1
representations made by licensees or property agent 2
salespersons 3
(1) This section applies if the chief executive believes, on 4
reasonable grounds, that a licensee or property agent 5
salesperson has made a representation in contravention of 6
section 238(1) or (2). 7
(2) The chief executive may, by written notice, ask the person to 8
give to the chief executive written proof that supports the 9
representation. 10
(3) The notice must-- 11
(a) state a day, at least 14 days after the day the notice is 12
given to the person, by which the person must give the 13
proof to the chief executive; and 14
(b) warn the person it is an offence to fail to comply with 15
the notice by the stated day, unless the person has a 16
reasonable excuse for the failure to comply. 17
(4) The person must comply with the notice by the stated day, 18
unless the person has a reasonable excuse for the failure to 19
comply. 20
Maximum penalty--100 penalty units. 21
(5) It is a reasonable excuse for an individual to fail to comply 22
with subsection (4) that complying with the subsection might 23
tend to incriminate the individual. 24
244 Chief executive to ask for substantiation of 25
representations made by marketeers 26
(1) This section applies if the chief executive believes, on 27
reasonable grounds, that a marketeer has made a 28
representation in contravention of section 235(1) or (2). 29
(2) The chief executive may, by written notice, ask the person to 30
give to the chief executive written proof that supports the 31
representation. 32
Page 189
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Part 12 General contraventions, evidentiary matters and legal proceedings
[s 245]
(3) The notice must-- 1
(a) state a day, at least 14 days after the day the notice is 2
given to the person, by which the person must give the 3
proof to the chief executive; and 4
(b) warn the person it is an offence to fail to comply with 5
the notice by the stated day, unless the person has a 6
reasonable excuse for the failure to comply. 7
(4) The person must comply with the notice by the stated day, 8
unless the person has a reasonable excuse for the failure to 9
comply. 10
Maximum penalty--540 penalty units. 11
(5) It is a reasonable excuse for an individual to fail to comply 12
with subsection (4) that complying with the subsection might 13
tend to incriminate the individual. 14
245 Offence to charge fee for providing documents etc. 15
(1) A licensee or property agent salesperson must not charge a fee 16
for the provision, preparation or completion of a document for 17
a transaction relating to, or arising out of, the performance of 18
a licensee's activities. 19
Maximum penalty--200 penalty units or 1 year's 20
imprisonment. 21
(2) Subsection (1) does not limit the Legal Profession Act 2007, 22
section 24 or 25. 23
246 Offence to ask for, or receive, excess or improper 24
remuneration 25
(1) If an amount is prescribed under a regulation as the maximum 26
amount allowed to a licensee for the performance of a 27
licensee's activities relating to a stated transaction, a licensee 28
must not ask for, or receive, a commission or reward for the 29
transaction greater than the amount allowed under the 30
regulation. 31
Page 190
Property Agents Bill 2010
Part 12 General contraventions, evidentiary matters and legal proceedings
[s 247]
Maximum penalty--200 penalty units or 1 year's 1
imprisonment. 2
(2) If, in a proceeding under subsection (1), an amount is alleged 3
to be payable to the licensee for recouping expenditure 4
lawfully incurred by the licensee in connection with the 5
transaction, the licensee must establish to the court's 6
satisfaction, on the balance of probabilities, that the 7
expenditure was lawfully incurred. 8
(3) If a licensee is convicted of an offence against subsection (1) 9
or fails to satisfy the court under subsection (2) about 10
expenditure incurred, the convicting court must also order the 11
licensee to refund the amount to which the licensee was not 12
entitled to the person from whom it was obtained. 13
(4) Subsection (1) does not prevent the licensee asking for or 14
receiving an amount more than the maximum amount allowed 15
under the regulation if the amount is for GST payable for a 16
supply relating to the transaction. 17
247 Offence to lend or borrow licence 18
(1) A licensee must not-- 19
(a) lend or hire out the licensee's licence to someone else; 20
or 21
(b) notify or advertise that a licence is available for sale, 22
loan or hire, or on another basis, to someone else, 23
whether licensed or not; or 24
(c) permit or allow someone else to hold out that the person 25
is the holder of the licence issued to the licensee. 26
Maximum penalty--200 penalty units or 2 years 27
imprisonment. 28
(2) A person must not borrow, hire or buy a licensee's licence. 29
Maximum penalty--200 penalty units or 2 years 30
imprisonment. 31
(3) If a person who is not the holder of an appropriate licence or 32
the licensee's substitute has the effective or apparent 33
Page 191
Property Agents Bill 2010
Part 12 General contraventions, evidentiary matters and legal proceedings
[s 248]
management or control of a licensee's business, the licensee is 1
taken to have lent, and the person is taken to have borrowed, 2
the licensee's licence. 3
248 False or misleading statements 4
A person must not, for this Act, state anything to an official 5
the person knows is false or misleading in a material 6
particular. 7
Maximum penalty--200 penalty units or 2 years 8
imprisonment. 9
249 False or misleading documents 10
(1) A person must not, for this Act, give an official a document 11
containing information the person knows is false or 12
misleading in a material particular. 13
Maximum penalty--200 penalty units or 2 years 14
imprisonment. 15
(2) Subsection (1) does not apply to a person if the person, when 16
giving the document-- 17
(a) informs the official, to the best of the person's ability, 18
how it is false or misleading; and 19
(b) if the person has, or can reasonably obtain, the correct 20
information, gives the correct information. 21
(3) A person must not make an entry in a document required or 22
permitted to be made or kept under this Act knowing the entry 23
to be false or misleading in a material particular. 24
Maximum penalty--200 penalty units or 2 years 25
imprisonment. 26
250 Prohibited practices 27
(1) A person must not, for reward, supply, or undertake to supply, 28
or advertise, or hold out in any way, that the person will 29
supply to any person addresses or other particulars of-- 30
Page 192
Property Agents Bill 2010
Part 12 General contraventions, evidentiary matters and legal proceedings
[s 251]
(a) places of residence that are to let; or 1
(b) places of residence or land or interests in places of 2
residence or land that are for sale. 3
Maximum penalty--200 penalty units or 1 year's 4
imprisonment. 5
(2) Subsection (1) does not apply to a property agent that has 6
been appointed by the landlords or sellers of the places of 7
residence or land or interests in the places of residence or land 8
to perform an activity and has the landlord's or seller's 9
consent to supply the particulars. 10
(3) A person must not make an unsolicited invitation to another 11
person to attend a property information session unless the 12
person is a property developer or a property agent or someone 13
acting for the developer or agent. 14
Maximum penalty--200 penalty units or 2 years 15
imprisonment. 16
Division 2 Evidentiary matters 17
251 Evidentiary provisions 18
(1) This section applies to a proceeding under this Act. 19
(2) The appointment or power of an inspector must be presumed 20
unless a party, by reasonable notice, requires proof of-- 21
(a) the appointment; or 22
(b) the power to do anything under this Act. 23
(3) A signature purporting to be the signature of the chief 24
executive or an inspector is evidence of the signature it 25
purports to be. 26
(4) A certificate purporting to be signed by the chief executive, a 27
member of QCAT, the registrar or an inspector stating any of 28
the following matters is evidence of the matter-- 29
(a) a stated document is-- 30
Page 193
Property Agents Bill 2010
Part 12 General contraventions, evidentiary matters and legal proceedings
[s 252]
(i) an order, direction, requirement or decision, or a 1
copy of an order, direction, requirement or 2
decision, given or made under this Act; or 3
(ii) a notice, or a copy of a notice, given under this 4
Act; or 5
(iii) a record, or a copy of a record, kept under this Act; 6
or 7
(iv) a document, or a copy of a document, kept under 8
this Act; 9
(b) on a stated day, a stated person-- 10
(i) was, or was not, the holder of a stated licence or 11
registration certificate under this Act; or 12
(ii) was given a stated notice, order, requirement or 13
direction under this Act. 14
252 Entries in licensee's documents 15
An entry in a document kept by or belonging to a licensee or 16
found in the licensee's premises is evidence that the entry has 17
been made by or with the authority of the licensee. 18
Division 3 Proceedings 19
253 Proceedings for an offence 20
(1) Subject to subsection (2), a proceeding for an offence against 21
this Act must be taken in a summary way under the Justices 22
Act 1886 within the later of the following-- 23
(a) 1 year after the offence is committed; 24
(b) 6 months after the commission of the offence comes to 25
the complainant's knowledge, but within 2 years after 26
the commission of the offence. 27
(2) A proceeding for an indictable offence may be taken, at the 28
prosecution's election-- 29
Page 194
Property Agents Bill 2010
Part 12 General contraventions, evidentiary matters and legal proceedings
[s 253]
(a) by way of summary proceedings under the Justices Act 1
1886; or 2
(b) on indictment. 3
(3) A proceeding against a person for an indictable offence must 4
be before a magistrate if it is a proceeding-- 5
(a) for the summary conviction of the person; or 6
(b) for an examination of witnesses for the charge. 7
(4) If a proceeding for an indictable offence is brought before a 8
justice who is not a magistrate, jurisdiction is limited to taking 9
or making a procedural action or order within the meaning of 10
the Justices of the Peace and Commissioners for Declarations 11
Act 1991. 12
(5) If-- 13
(a) a person charged with an indictable offence asks at the 14
start of a summary proceeding for the offence that the 15
charge be prosecuted on indictment; or 16
(b) the magistrate hearing a charge of an indictable offence 17
considers the charge should be prosecuted on 18
indictment; 19
the magistrate-- 20
(c) must not decide the charge as a summary offence; and 21
(d) must proceed by way of a committal proceeding. 22
(6) If a magistrate acts under subsection (5)-- 23
(a) any plea of the person charged, made at the start of the 24
proceeding, must be disregarded; and 25
(b) any evidence brought in the proceeding before the 26
magistrate decided to act under subsection (5) is taken to 27
be evidence in the proceeding for the committal of the 28
person for trial or sentence; and 29
(c) before committing the person for trial or sentence, the 30
magistrate must make a statement to the person under 31
the Justices Act 1886, section 104(2)(b). 32
Page 195
Property Agents Bill 2010
Part 12 General contraventions, evidentiary matters and legal proceedings
[s 254]
(7) The maximum penalty that may be imposed on a summary 1
conviction of an indictable offence is 200 penalty units or 1 2
year's imprisonment. 3
(8) In this section-- 4
indictable offence means an offence against this Act for 5
which the maximum penalty of imprisonment is more than 2 6
years. 7
254 Responsibility for acts or omissions of representatives 8
(1) This section applies in a proceeding for an offence against this 9
Act. 10
(2) If it is relevant to prove a person's state of mind about a 11
particular act or omission, it is enough to show-- 12
(a) the act was done or omitted to be done by a 13
representative of the person within the scope of the 14
representative's actual or apparent authority; and 15
(b) the representative had the state of mind. 16
(3) An act done or omitted to be done for a person by a 17
representative of the person within the scope of the 18
representative's actual or apparent authority is taken to have 19
been done or omitted to be done also by the person, unless the 20
person proves the person could not, by the exercise of 21
reasonable diligence, have prevented the act or omission. 22
(4) In this section-- 23
offence includes a contravention of this Act for which an 24
amount may be ordered by the District Court or QCAT to be 25
paid as a money penalty. 26
representative means-- 27
(a) of a corporation--an executive officer, employee or 28
agent of the corporation; or 29
(b) of an individual--an employee or agent of the 30
individual. 31
state of mind, of a person, includes-- 32
Page 196
Property Agents Bill 2010
Part 12 General contraventions, evidentiary matters and legal proceedings
[s 255]
(a) the person's knowledge, intention, opinion, belief or 1
purpose; and 2
(b) the person's reasons for the intention, opinion, belief or 3
purpose. 4
255 Executive officers must ensure corporation complies 5
with Act 6
(1) The executive officers of a corporation must ensure the 7
corporation complies with this Act. 8
(2) If a corporation commits an offence against a provision of this 9
Act, each of the executive officers of the corporation also 10
commits an offence, namely, the offence of failing to ensure 11
the corporation complies with the provision. 12
Maximum penalty--the penalty for the contravention of the 13
provision by an individual or, if the penalty is expressed to be 14
for this section, the expressed penalty. 15
(3) Evidence that the corporation has been convicted of an 16
offence against a provision of this Act is evidence that each of 17
the executive officers committed the offence of failing to 18
ensure the corporation complies with the provision. 19
(4) However, it is a defence for an executive officer to prove 20
that-- 21
(a) if the officer was in a position to influence the conduct 22
of the corporation relating to the offence--the officer 23
took all reasonable steps to ensure the corporation 24
complied with the provision; or 25
(b) the officer was not in a position to influence the conduct 26
of the corporation relating to the offence. 27
(5) For subsection (4)(a), it is sufficient for the executive officer 28
to prove that the act or omission that was the offence was 29
done or made without the officer's knowledge despite the 30
officer having taken all reasonable steps to ensure the 31
corporation complied with the provision. 32
Page 197
Property Agents Bill 2010
Part 12 General contraventions, evidentiary matters and legal proceedings
[s 256]
256 Power of court 1
(1) A court may, in addition to any other penalty it may impose, 2
order that a licensee's licence or a property agent 3
salesperson's registration certificate be suspended for a stated 4
period or cancelled if the licensee or property agent 5
salesperson has been convicted of an offence against this Act. 6
(2) The court may also order that a person convicted of an offence 7
against this Act be disqualified from holding a licence or 8
registration certificate under this Act for a stated period or 9
permanently. 10
(3) The court may make an order under subsection (1) or (2)-- 11
(a) on the chief executive's application; or 12
(b) on its own initiative. 13
(4) If an order is made by a court under this section on the court's 14
own initiative, the court must cause a copy of the order to be 15
given to the chief executive. 16
(5) This section does not apply to an offence against section 17
227(6), 237(1) or 244(4). 18
257 Power of court for particular offences 19
(1) A court may, in addition to any other penalty it may impose on 20
a person convicted of an offence against section 227(6), 21
237(1) or 244(4), order that-- 22
(a) if the person is a licensee or a property agent 23
salesperson-- 24
(i) the licensee's licence or property agent 25
salesperson's registration certificate be suspended 26
for a stated period or cancelled; or 27
(ii) the person be disqualified from holding a licence 28
or registration certificate under this Act for a stated 29
period or permanently; or 30
(b) whether or not the person is a licensee or a property 31
agent salesperson--the person be disqualified from 32
Page 198
Property Agents Bill 2010
Part 13 General
[s 258]
holding a licence or registration certificate under this 1
Act for a stated period or permanently. 2
(2) The court may also make any other order QCAT may make in 3
a marketeer proceeding. 4
Note-- 5
For the orders QCAT may make, see section 213. 6
(3) However, if the court makes an order for compensation, the 7
court may order the payment of an amount up to the limit of 8
the court's civil jurisdiction. 9
(4) The court may make an order under this section-- 10
(a) on the chief executive's application; or 11
(b) on its own initiative. 12
(5) If an order is made by a court under this section on the court's 13
own initiative, the court must cause a copy of the order to be 14
given to the chief executive. 15
258 Allegations of false or misleading representations or 16
statements etc. 17
In any proceeding for an offence against this Act involving a 18
false or misleading statement, representation or entry, or false 19
or misleading information, it is enough for a charge to state 20
that the statement, representation, entry or information was 21
`false or misleading'. 22
Part 13 General 23
259 Public warning statements 24
(1) The Minister or chief executive may make or issue a public 25
statement identifying and giving warnings or information 26
about any of the following-- 27
Page 199
Property Agents Bill 2010
Part 13 General
[s 260]
(a) contraventions of the code of conduct that have resulted 1
in disciplinary action and persons who commit the 2
contraventions; 3
(b) business practices regulated under this Act that are 4
unfair and persons who engage in the unfair practices; 5
(c) the commission of offences against this Act and persons 6
who commit the offences. 7
(2) The statement may identify particular contraventions, 8
business practices, offences and persons. 9
(3) The Minister or chief executive must not make or issue a 10
statement under this section unless satisfied it is in the public 11
interest to do so. 12
260 Civil remedies not affected 13
Nothing in this Act affects or limits any civil remedy that a 14
person may have against a licensee or another person in 15
relation to any matter. 16
261 Criminal Proceeds Confiscation Act 2002 not limited 17
Nothing in this Act limits the Criminal Proceeds Confiscation 18
Act 2002. 19
262 Delegation--chief executive 20
(1) The chief executive may delegate the chief executive's 21
powers, other than power under section 259, to an 22
appropriately qualified public service employee. 23
(2) In subsection (1)-- 24
appropriately qualified includes having the qualifications, 25
experience or standing appropriate to exercise the power. 26
Example of standing-- 27
the level at which a person is employed within the department 28
Page 200
Property Agents Bill 2010
Part 13 General
[s 263]
263 Approved forms 1
The chief executive may approve forms for use under this Act. 2
264 Review of Act 3
(1) The Minister must ensure the operation of this Act is 4
reviewed. 5
(2) The review must be finished within 3 years after the 6
commencement of this section. 7
(3) The Minister must table in the Legislative Assembly a report 8
on the outcome of the review as soon as practicable after the 9
review is finished. 10
265 Regulation-making power 11
(1) The Governor in Council may make regulations under this 12
Act. 13
(2) Without limiting subsection (1), a regulation may be made 14
about the following-- 15
(a) fees, including the refunding of fees payable under this 16
Act; 17
(b) the amount of fees and rate of commission that may be 18
charged for transactions by licensees; 19
(c) imposing a penalty for a contravention of a regulation of 20
not more than 20 penalty units; 21
(d) imposing a penalty for a contravention of the code of 22
conduct of not more than 20 penalty units; 23
(e) imposing limits on out-of-pocket expenses incurred in 24
the performance of activities under a licence; 25
(f) the keeping of records, including the form in which a 26
record is kept; 27
(g) the keeping of receipts and evidence of expenditure; 28
(h) the length of time a document required to be kept under 29
this Act is to be kept. 30
Page 201
Property Agents Bill 2010
Part 14 Repeal
[s 266]
Part 14 Repeal 1
266 Repeal 2
The Property Agents and Motor Dealers Act 2000, No. 62 is 3
repealed. 4
Part 15 Transitional and saving 5
provisions 6
Division 1 Preliminary 7
267 Definitions for pt 15 8
In this part-- 9
Chattel Auctioneers Act means the Motor Dealers and 10
Chattel Auctioneers Act 2010. 11
commencement means the day this section commences. 12
existing licence means any of the following licences under the 13
repealed Act-- 14
(a) an auctioneer's licence; 15
(b) a pastoral house licence; 16
(c) a pastoral house auctioneer's licence; 17
(d) a pastoral house director's licence; 18
(e) a pastoral house manager's licence; 19
(f) a real estate agent's licence; 20
(g) a resident letting agent's licence. 21
existing registration certificate means a registration 22
certificate as a real estate salesperson, pastoral house 23
Page 202
Property Agents Bill 2010
Part 15 Transitional and saving provisions
[s 268]
salesperson, property developer salesperson or trainee 1
auctioneer under the repealed Act. 2
transitioned licence see section 268(2). 3
transitioned registration certificate see section 269(2). 4
Division 2 Transitional provisions 5
Subdivision 1 Licences and registration 6
certificates 7
268 Existing licences 8
(1) This section applies to a person who, immediately before the 9
commencement, held an existing licence. 10
(2) The person, on the commencement, is taken to be the holder 11
of the following licence or licences (each a transitioned 12
licence)-- 13
(a) if the existing licence was a pastoral house or pastoral 14
house director's licence--a property agent licence and a 15
chattel auctioneer licence; 16
(b) if the existing licence was a real estate agent's licence or 17
pastoral house manager's licence and the person also 18
held an existing licence that was an auctioneer's licence 19
immediately before the commencement--a property 20
agent licence and a chattel auctioneer licence; 21
(c) if the existing licence was a real estate agent's licence or 22
pastoral house manager's licence and the person did not 23
hold an existing licence that was an auctioneer's licence 24
immediately before the commencement--a property 25
agent licence that is subject to the condition that the 26
activities authorised to be performed under the licence 27
do not include the sale, attempted sale or offering for 28
sale or resale, of any property by way of auction; 29
Page 203
Property Agents Bill 2010
Part 15 Transitional and saving provisions
[s 268]
(d) if the existing licence was an auctioneer's licence or a 1
pastoral house auctioneer's licence-- 2
(i) either-- 3
(A) if the person also held an existing licence 4
that was a real estate agent's licence 5
immediately before the commencement--a 6
property agent licence; or 7
(B) if the person did not hold an existing licence 8
that was a real estate agent's licence 9
immediately before the commencement--a 10
property agent licence that is subject to the 11
condition that the activities authorised to be 12
performed under the licence are limited to 13
the sale, attempted sale or offering for sale or 14
resale of any property by way of auction; and 15
(ii) a chattel auctioneer licence; 16
(e) if the existing licence was a resident letting agent's 17
licence--a resident letting agent licence. 18
(3) If the existing licence held by the person immediately before 19
the commencement was subject to a condition (the current 20
condition), the transitioned licence is also taken to be subject 21
to a condition in the same terms, so far as practicable, as the 22
current condition. 23
(4) A transitioned licence expires on the day it would have 24
expired under the repealed Act unless it is sooner cancelled. 25
(5) The chief executive may deal with-- 26
(a) a transitioned licence that is a chattel auctioneer licence 27
as if it were a chattel auctioneer licence issued under the 28
Chattel Auctioneers Act; or 29
(b) another transitioned licence as if it were a licence issued 30
under this Act. 31
Example of dealing with a transitioned licence under this Act-- 32
the chief executive amending the conditions of the transitioned 33
licence under section 60 34
Page 204
Property Agents Bill 2010
Part 15 Transitional and saving provisions
[s 269]
269 Existing registration certificates 1
(1) This section applies to a person who, immediately before the 2
commencement, held an existing registration certificate under 3
the repealed Act. 4
(2) The person, on the commencement, is taken to be the holder 5
of the following registration certificate or certificates (each a 6
transitioned registration certificate)-- 7
(a) if the existing registration certificate was held as a real 8
estate salesperson or pastoral house salesperson and the 9
person also held an existing registration certificate as a 10
trainee auctioneer immediately before the 11
commencement--a registration certificate as a property 12
agent salesperson and a registration certificate as a 13
trainee chattel auctioneer under the Chattel Auctioneers 14
Act; 15
(b) if the existing registration certificate was held as a real 16
estate salesperson or pastoral house salesperson and the 17
person did not hold an existing registration certificate as 18
a trainee auctioneer immediately before the 19
commencement--a registration certificate as a property 20
agent salesperson that is subject to the condition that the 21
activities authorised to be performed under the licence 22
do not include the sale, attempted sale or offering for 23
sale or resale of any property by way of auction; 24
(c) if the existing registration certificate was held as a 25
trainee auctioneer-- 26
(i) either-- 27
(A) if the person also held an existing 28
registration certificate as a real estate agent 29
salesperson immediately before the 30
commencement--a registration certificate as 31
a property agent salesperson; or 32
(B) if the person did not hold an existing 33
registration certificate as a real estate agent 34
salesperson immediately before the 35
commencement--a registration certificate as 36
Page 205
Property Agents Bill 2010
Part 15 Transitional and saving provisions
[s 269]
a property agent salesperson that is subject to 1
the condition that the activities authorised to 2
be performed under the licence are limited to 3
the sale, attempted sale or offering for sale or 4
resale of any property by way of auction; and 5
(ii) a registration certificate as a trainee chattel 6
auctioneer under the Chattel Auctioneers Act; 7
(d) if the existing registration certificate was held as a 8
property developer salesperson--a registration 9
certificate as a property agent salesperson that is subject 10
to the condition that the activities authorised to be 11
performed under the licence do not include the sale, 12
attempted sale or offering for sale or resale of any 13
property by way of auction. 14
(3) If the existing registration certificate held by the person 15
immediately before the commencement was subject to a 16
condition (the current condition), the transitioned registration 17
certificate for the person is also taken to be subject to a 18
condition in the same terms, so far as practicable, as the 19
current condition. 20
(4) A transitioned registration certificate expires on the day it 21
would have expired under the repealed Act unless it is sooner 22
cancelled. 23
(5) The chief executive may deal with-- 24
(a) a transitioned registration certificate that is a registration 25
certificate as a trainee chattel auctioneer as if it were a 26
registration certificate as a trainee chattel auctioneer 27
issued under the Chattel Auctioneers Act; or 28
(b) another transitioned registration certificate as if it were a 29
registration certificate issued under this Act. 30
Example of dealing with a transitioned registration certificate 31
under this Act-- 32
the chief executive amending the conditions of the transitioned 33
registration certificate under section 152 34
Page 206
Property Agents Bill 2010
Part 15 Transitional and saving provisions
[s 270]
270 Expiry of particular licences and certificate 1
On the commencement, the following licences and certificate 2
under the repealed Act end-- 3
(a) a property developer licence; 4
(b) a property developer director's licence; 5
(c) a registration certificate as a property developer 6
salesperson. 7
271 Existing applications 8
(1) This section applies to the following applications made under 9
the repealed Act but not decided before the commencement-- 10
(a) an application for the issue of an existing licence or 11
existing registration certificate; 12
(b) an application for the renewal of an existing licence or 13
existing registration certificate; 14
(c) an application for the restoration of an existing licence 15
or existing registration certificate; 16
(d) an application about amending an existing licence or 17
existing registration certificate; 18
(e) an application about appointing a nominated person 19
mentioned in section 64(3) or 65(4) of the repealed Act 20
as a licensee's substitute licensee. 21
(2) If the application is about the issue, renewal, restoration or 22
amendment of an existing licence or appointment of a 23
substitute licensee for an existing licence, the application is 24
taken to be about the issue, renewal, restoration or amendment 25
of, or appointment of a substitute licensee for, the transitioned 26
licence (the relevant transitioned licence) for the existing 27
licence. 28
(3) If the application is about the issue, renewal, restoration or 29
amendment of an existing registration certificate, the 30
application is taken to be about the issue, renewal, restoration 31
or amendment of the transitioned registration certificate (the 32
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relevant transitioned certificate) for the existing registration 1
certificate. 2
(4) To the extent, if any, the relevant transitioned licence is a 3
property agent licence or resident letting agent licence or the 4
relevant transitioned certificate is a registration certificate as a 5
property agent salesperson-- 6
(a) the application must be decided under this Act; and 7
(b) the provisions of this Act, relevant to the application, 8
apply to the application. 9
(5) To the extent, if any, the relevant transitioned licence is a 10
chattel auctioneer licence or the relevant transitioned 11
certificate is a registration certificate as a trainee chattel 12
auctioneer-- 13
(a) the application must be decided under the Chattel 14
Auctioneers Act; and 15
(b) the provisions of that Act, relevant to the application, 16
apply to the application. 17
(6) However, the provisions of this Act or the Chattel 18
Auctioneers Act dealing with making an application in the 19
approved form and paying an application fee do not apply for 20
deciding an application for subsection (4) or (5). 21
(7) If the application is about the renewal or restoration of an 22
existing licence, the relevant transitioned licence is taken to 23
continue in force from the day the licence would, apart from 24
this subsection, expire until the application for renewal or 25
restoration is decided or withdrawn. 26
(8) If the application is about the renewal or restoration of an 27
existing registration certificate, the relevant transitioned 28
registration certificate is taken to continue in force from the 29
day the certificate would, apart from this subsection, expire 30
until the application for renewal or restoration is decided or 31
withdrawn. 32
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272 Restoration of expired existing licences 1
(1) This section applies if a person's existing licence expired 2
within 3 months before the commencement. 3
(2) To the extent, if any, the transitioned licence for the existing 4
licence would have been a property agent's licence or resident 5
letting agent's licence if the existing licence had been in force, 6
the person may apply under section 51 for restoration of the 7
licence as if the existing licence were a property agent licence 8
or resident letting agent licence. 9
Note-- 10
Section 51(2)(a) requires that an application for restoration be made 11
within 3 months after the expiry. 12
(3) However, if the chief executive decides to grant the 13
application, the chief executive must, instead of restoring the 14
existing licence, issue the person the licence that would be the 15
transitioned licence for the existing licence. 16
(4) To the extent, if any, the transitioned licence for the existing 17
licence would have been a chattel auctioneer licence if the 18
existing licence had been in force, the person may apply under 19
the Chattel Auctioneers Act, section 42 for restoration of the 20
licence as if the existing licence were a chattel auctioneer 21
licence. 22
(5) However, if the chief executive decides to grant the 23
application, the chief executive must, instead of restoring the 24
existing licence, issue the person a chattel auctioneer licence. 25
(6) If the existing licence was subject to a condition, the licence 26
issued under subsection (3) or (5) is also taken to be subject to 27
a condition in the same terms, so far as practicable, as that 28
condition. 29
(7) To remove any doubt, it is declared that-- 30
(a) to the extent, if any, the transitioned licence for the 31
existing licence is a property agent licence or resident 32
letting agent licence, section 53 applies to the existing 33
licence; and 34
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(b) to the extent, if any, the transitioned licence for the 1
existing licence is a chattel auctioneer licence, the 2
Chattel Auctioneers Act, section 44 applies to the 3
existing licence. 4
273 Restoration of expired existing registration certificates 5
(1) This section applies if a person's existing registration 6
certificate expired within 3 months before the 7
commencement. 8
(2) To the extent the transitioned registration certificate for the 9
existing registration certificate would have been a registration 10
certificate as a property agent salesperson if the registration 11
certificate had been in force, the person may apply under 12
section 148 for restoration of the existing registration 13
certificate as if it were a property agent salesperson's 14
registration certificate. 15
Note-- 16
Section 148(2)(a) requires that an application for restoration be made 17
within 3 months after the expiry. 18
(3) However, if the chief executive decides to grant the 19
application, the chief executive must, instead of restoring the 20
existing registration certificate, issue the person a registration 21
certificate as a property agent salesperson. 22
(4) To the extent, if any, the transitioned registration certificate 23
for the existing registration certificate would have been a 24
registration certificate as a trainee chattel auctioneer if the 25
registration certificate had been in force, the person may 26
apply under the Chattel Auctioneers Act, section 197 for 27
restoration of the existing registration certificate as if it were a 28
trainee chattel auctioneer's registration certificate. 29
(5) However, if the chief executive decides to grant the 30
application, the chief executive must, instead of restoring the 31
existing registration certificate, issue the person a registration 32
certificate as a trainee chattel auctioneer. 33
(6) If the existing registration certificate was subject to a 34
condition, the registration certificate issued under subsection 35
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(3) or (5) is also taken to be subject to a condition in the same 1
terms, so far as practicable, as that condition. 2
(7) To remove any doubt, it is declared that-- 3
(a) to the extent the transitioned registration certificate for 4
the existing registration certificate is a registration 5
certificate as a property agent salesperson, section 150 6
applies to the existing registration certificate; and 7
(b) to the extent, if any, the transitioned registration 8
certificate for the existing registration certificate is a 9
registration certificate as a trainee chattel auctioneer, the 10
Chattel Auctioneers Act, section 199 applies to the 11
existing registration certificate. 12
274 Previous refusals of applications 13
(1) This section applies to a person who made an application for 14
an existing licence or existing registration certificate under the 15
repealed Act and the application was refused before the 16
commencement. 17
(2) The person can not make an application for a licence or 18
registration certificate under this Act-- 19
(a) for 3 months after the day the chief executive gave the 20
person an information notice for the refusal; or 21
(b) if the applicant applies to QCAT to review the chief 22
executive's decision and the decision is confirmed--for 23
3 months after the day the decision is confirmed. 24
(3) This section does not apply to a person if-- 25
(a) the person is a corporation; and 26
(b) the person satisfies the chief executive that, because of a 27
genuine sale-- 28
(i) no person who was a shareholder of, or held a 29
beneficial interest in, the corporation when the 30
refused application was made is a shareholder of, 31
or holds a beneficial interest in, the corporation; 32
and 33
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(ii) no person who was in a position to control or 1
influence the affairs of the corporation when the 2
refused application was made is in a position to 3
control or influence the affairs of the corporation. 4
275 Deactivated existing licences 5
(1) Subsections (2) and (3) apply to an existing licence that, 6
immediately before the commencement, was deactivated 7
under the repealed Act. 8
(2) To the extent, if any, the transitioned licence for the existing 9
licence (the relevant transitioned licence) is a property agent 10
licence or resident letting agent licence-- 11
(a) the existing licence continues to be deactivated under 12
this Act; and 13
(b) section 63 applies to the existing licence as if it were a 14
licence deactivated under this Act. 15
(3) To the extent, if any, the relevant transitioned licence is a 16
chattel auctioneer licence-- 17
(a) the existing licence continues to be deactivated under 18
the Chattel Auctioneers Act; and 19
(b) section 54 of that Act applies to the existing licence as if 20
it were a chattel auctioneer licence deactivated under 21
that Act. 22
(4) Subsections (5) and (6) apply to a request to deactivate an 23
existing licence, made under the repealed Act and not decided 24
before the commencement. 25
(5) To the extent, if any, the relevant transitioned licence is a 26
property agent licence or resident letting agent licence-- 27
(a) the request must be decided under this Act; and 28
(b) section 63 applies to the request. 29
(6) To the extent, if any, the relevant transitioned licence is a 30
chattel auctioneer licence-- 31
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(a) the request must be decided under the Chattel 1
Auctioneers Act; and 2
(b) section 54 of that Act applies to the request. 3
276 Suspended existing licences and existing registration 4
certificates 5
(1) This section applies to an existing licence or existing 6
registration certificate that was, immediately before the 7
commencement, suspended under the repealed Act. 8
(2) Subsections (3) to (5) apply-- 9
(a) to the extent, if any, the transitioned licence for the 10
existing licence would have been a property agent 11
licence or resident letting agent licence if the existing 12
licence had been in force; or 13
(b) to the extent, if any, the transitioned registration 14
certificate for the existing registration certificate would 15
have been a registration certificate as a property agent 16
salesperson if the registration certificate had been in 17
force. 18
(3) The existing licence or existing registration certificate 19
continues to be suspended under this Act. 20
(4) The provisions of this Act relating to the suspension of a 21
licence apply to the existing licence as if the existing licence 22
were a licence under this Act. 23
(5) The provisions of this Act relating to the suspension of a 24
certificate of registration apply to the existing registration 25
certificate as if the existing registration certificate were a 26
certificate of registration under this Act. 27
(6) Subsections (7) to (9) apply-- 28
(a) to the extent, if any, the transitioned licence for the 29
existing licence would have been a chattel auctioneer 30
licence if the existing licence had been in force; or 31
(b) to the extent, if any, the transitioned registration 32
certificate for the existing registration certificate would 33
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have been a registration certificate as a trainee chattel 1
auctioneer if the registration certificate had been in 2
force. 3
(7) The existing licence or existing registration certificate 4
continues to be suspended under the Chattel Auctioneers Act. 5
(8) The provisions of the Chattel Auctioneers Act relating to the 6
suspension of a chattel auctioneer licence apply to the existing 7
licence as if the existing licence were a chattel auctioneer 8
licence. 9
(9) The provisions of the Chattel Auctioneers Act relating to the 10
suspension of a certificate of registration as a trainee chattel 11
auctioneer apply to the existing registration certificate as if the 12
existing registration certificate were a certificate of 13
registration as a trainee chattel auctioneer. 14
Subdivision 2 Miscellaneous provisions 15
277 Existing appointments 16
(1) Subsections (2) to (7) apply to an appointment, engagement or 17
agreement mentioned in any of subsections (2) to (5) to act as 18
a particular agent under the repealed Act (each an existing 19
appointment), if the appointment, engagement or 20
agreement-- 21
(a) was in force immediately before the commencement; 22
and 23
(b) complied with the repealed Act. 24
(2) If the existing appointment was as a pastoral house or pastoral 25
house director, the existing appointment is taken to be as a 26
property agent and a chattel auctioneer. 27
(3) If the existing appointment was as a real estate agent or 28
pastoral house manager and the appointee also held an 29
existing licence that was an auctioneer's licence immediately 30
before the commencement, the existing appointment is taken 31
to be as a property agent and a chattel auctioneer. 32
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(4) If the existing appointment was as a real estate agent or 1
pastoral house manager and the person did not hold an 2
existing licence that was an auctioneer's licence immediately 3
before the commencement, the existing appointment is taken 4
to be as a property agent subject to the condition that the 5
activities authorised to be performed under the licence do not 6
include the sale, attempted sale or offering for sale or resale, 7
of any property by way of auction. 8
(5) If the existing appointment was as an auctioneer or a pastoral 9
house auctioneer, the existing appointment is taken to be as-- 10
(a) either-- 11
(i) if the person also held an existing licence that was 12
a real estate agent's licence immediately before the 13
commencement--a property agent; or 14
(ii) if the person did not hold an existing licence that 15
was a real estate agent's licence immediately 16
before the commencement--a property agent on 17
the condition that the activities authorised to be 18
performed under the licence are limited to the sale, 19
attempted sale or offering for sale or resale, of any 20
property by way of auction; and 21
(b) a chattel auctioneer. 22
(6) To the extent an existing appointment is taken to be as a 23
property agent under subsection (2), (3), (4) or (5)-- 24
(a) the appointment continues to be a valid appointment 25
under this Act according to its terms; and 26
(b) if the appointment is for an exclusive agency, or sole 27
agency, within the meaning of the repealed Act, the 28
appointment ends on the earlier of the following-- 29
(i) the day it ends according to its terms; 30
(ii) the end of 60 days after the commencement. 31
(7) To the extent an existing appointment is taken to be as a 32
chattel auctioneer under subsection (2), (3) or (5), the 33
appointment continues to be a valid appointment under the 34
Chattel Auctioneers Act according to its terms. 35
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(8) Subsections (9) and (10) apply to an appointment, under the 1
repealed Act, by the chief executive of a nominated person 2
mentioned in section 64(3) or 65(4) of the repealed Act as an 3
existing licensee's substitute licensee that is in force 4
immediately before the commencement. 5
(9) To the extent, if any, the appointment relates to an existing 6
licence for which the transitioned licence is a property agent 7
licence or resident letting agent licence, the appointment 8
continues to be a valid appointment under this Act according 9
to its terms. 10
(10) To the extent, if any, the appointment relates to an existing 11
licence for which the transitioned licence is a chattel 12
auctioneer licence, the appointment continues to be a valid 13
appointment under the Chattel Auctioneers Act according to 14
its terms. 15
278 Disciplinary action relating to pre-commencement 16
conduct 17
(1) If, before the commencement, a ground existed for starting 18
disciplinary action against a person under the repealed Act, 19
disciplinary action may be taken against the person on that 20
ground under this Act as if the ground were a ground for 21
starting disciplinary proceedings under this Act. 22
(2) If, before the commencement, QCAT had started but not 23
finished disciplinary action under the repealed Act, the action 24
may be finished under the repealed Act as if that Act had not 25
been repealed. 26
279 Marketeer proceeding relating to pre-commencement 27
conduct 28
(1) If, before the commencement, a ground existed for starting a 29
marketeer proceeding against a person under the repealed Act, 30
a marketeer proceeding may be taken against the person on 31
that ground under the repealed Act as if that Act had not been 32
repealed. 33
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(2) If, before the commencement, QCAT had started but not 1
finished disciplinary action under the repealed Act, the action 2
may be finished under the repealed Act as if that Act had not 3
been repealed. 4
280 Continuation of reviews under the repealed Act 5
(1) Subsection (2) applies if-- 6
(a) a person applied to QCAT, under the repealed Act, 7
section 501, for a review of a decision of the chief 8
executive; and 9
(b) the review had not been decided before the 10
commencement. 11
(2) QCAT may hear, or continue to hear, and decide the review 12
under the repealed Act as if that Act had not been repealed. 13
(3) Subsections (4) and (5) apply if-- 14
(a) a person could have applied, under the repealed Act, 15
section 501, for a review of a decision of the chief 16
executive; but 17
(b) the person had not applied before the commencement. 18
(4) The person may apply for a review of the decision under the 19
repealed Act as if that Act had not been repealed. 20
(5) QCAT may hear and decide the review under the repealed 21
Act. 22
281 Injunctions relating to pre-commencement conduct 23
(1) Subsections (2) to (5) apply to an injunction granted by the 24
District Court under the repealed Act and in force 25
immediately before the commencement. 26
(2) The injunction continues to be a valid injunction under this 27
Act according to its terms. 28
(3) The provisions of this Act relating to injunctions apply to the 29
injunction. 30
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(4) If the injunction was granted against a person to whom section 1
270 applies and relates to the person's existing licence, from 2
the commencement, the injunction is taken to relate to the 3
person's transitioned licence under section 268(2). 4
(5) If the injunction was granted against a person to whom section 5
269 applies and relates to the person's existing registration 6
certificate, from the commencement, the injunction is taken to 7
relate to the person's transitioned registration certificate under 8
section 269(2). 9
(6) In addition to section 218, the District Court may also grant an 10
injunction if the court is satisfied a person has, before the 11
commencement, engaged in conduct that constituted-- 12
(a) a contravention of the repealed Act or the repealed code 13
of conduct; or 14
(b) an attempt to contravene the repealed Act or the 15
repealed code of conduct; or 16
(c) aiding, abetting, counselling or procuring a person to 17
contravene the repealed Act or the repealed code of 18
conduct; or 19
(d) inducing or attempting to induce, whether by threats, 20
promises or otherwise, a person to contravene the 21
repealed Act or the repealed code of conduct; or 22
(e) being in any way, directly or indirectly, knowingly 23
concerned in, or party to, the contravention by a person 24
of the repealed Act or the repealed code of conduct; or 25
(f) conspiring with others to contravene the repealed Act or 26
the repealed code of conduct. 27
(7) Subsection (6) does not limit section 218. 28
282 Undertakings relating to pre-commencement conduct 29
(1) Subsections (2) to (5) apply to an undertaking given by a 30
person to the chief executive under the repealed Act. 31
(2) The undertaking continues to be a valid undertaking under 32
this Act according to its terms. 33
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(3) The provisions of this Act relating to undertakings apply to 1
the undertaking. 2
(4) If the undertaking was given by a person to whom section 268 3
applies and relates to the person's existing licence, from the 4
commencement, the undertaking is taken to relate to the 5
person's transitioned licence under section 268(2). 6
(5) If the undertaking was given by a person to whom section 269 7
applies and relates to the person's existing registration 8
certificate, from the commencement, the undertaking is taken 9
to relate to the person's transitioned registration certificate 10
under section 269(2). 11
(6) Section 222 also applies if the chief executive reasonably 12
believes a person has, before the commencement, contravened 13
or been involved in a contravention of the repealed Act or 14
repealed code of conduct. 15
(7) If, before the commencement, the chief executive applied to 16
the District Court for an order under the repealed Act, section 17
571 and the District Court has not decided the application, the 18
application may be heard under the repealed Act as if that Act 19
had not been repealed. 20
283 Proceedings for particular offences under repealed Act 21
(1) This section applies if a person is alleged to have committed 22
an offence against a provision of any of the following 23
provisions of the repealed Act before the commencement-- 24
(a) chapter 2, parts 9, 10 and 11; 25
(b) chapter 3, parts 9, 10 and 11; 26
(c) chapter 4, parts 2, 3 and 4; 27
(d) chapters 5, 6, 7, 8, 11 and 12; 28
(e) chapter 14, part 2; 29
(f) chapter 15; 30
(g) chapter 16, part 3; 31
(h) chapter 17, parts 1 and 3. 32
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(2) Without limiting the Acts Interpretation Act 1954, section 20, 1
proceedings for the offence may be started or continued, and a 2
court may hear and decide the proceedings, as if the repealed 3
Act had not been repealed. 4
(3) Subsection (2) applies despite the Criminal Code, section 11. 5
284 Existing infringement notice offences 6
(1) This section applies if-- 7
(a) an infringement notice offence under the State Penalties 8
Enforcement Act 1999 was committed by a person 9
before the commencement; and 10
(b) no infringement notice under that Act had been served 11
before the commencement on the person for the offence. 12
(2) Without limiting the Acts Interpretation Act 1954, section 20, 13
an infringement notice may be served on the person and the 14
infringement notice may be dealt with as if the repealed Act 15
had not been repealed. 16
(3) Subsection (2) applies despite the Criminal Code, section 11. 17
285 Existing delegations 18
On the commencement, a delegation of power made by the 19
chief executive under the repealed Act, section 597 continues 20
to have effect according to its terms as a delegation made 21
under section 262 of the power under this Act that is 22
equivalent or substantially similar to the delegated power 23
under the repealed Act. 24
286 Reference committee--marketeers 25
(1) If a reference committee has been formed under the repealed 26
Act, section 528AA and is still current immediately before the 27
commencement, each appointment to the reference committee 28
as a community representative continues under this Act for 29
the unexpired term of the appointment. 30
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(2) If the appointment was subject to a condition, the person 1
appointed is taken to be subject to a condition in the same 2
terms. 3
(3) If, under the repealed Act, section 528AC, the reference 4
committee has authorised the chief executive to make an 5
application to QCAT for a public examination under chapter 6
14, part 5, division 8 of the repealed Act, the authorisation 7
continues under this Act. 8
287 Existing registers 9
(1) On the commencement-- 10
(a) the licence register kept under the repealed Act is taken 11
to be the licence register under this Act; and 12
(b) the registration certificate register kept under the 13
repealed Act is taken to be the registration certificate 14
register under this Act; and 15
(c) the register kept under the repealed Act, section 572 is 16
taken to be the register of undertakings. 17
(2) In this section-- 18
register of undertakings means the register kept under section 19
226. 20
288 Existing fines and fees 21
(1) A fine ordered to be paid to the chief executive under the 22
repealed Act that has not been paid before the commencement 23
may be recovered after the commencement as a debt owing to 24
the chief executive in a court with jurisdiction to recover debts 25
up to the amount of the fine. 26
(2) A fee incurred under the repealed Act that has not been paid 27
before the commencement may be recovered after the 28
commencement as a debt owing to the chief executive in a 29
court with jurisdiction to recover debts up to the amount of the 30
fee. 31
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289 Return of beneficial interest if in form of commission 1
(1) Subsection (2) applies if, under section 283, a person is 2
convicted of an offence against the repealed Act, section 3
145(2) or (3) after the commencement. 4
(2) The repealed Act, section 145A applies to the person and the 5
court convicting the person as if the repealed Act had not been 6
repealed. 7
(3) Subsection (4) applies if, under section 283, a person is 8
convicted of an offence against the repealed Act, section 9
184(2) or (3) after the commencement. 10
(4) The repealed Act, section 184A applies to the person and the 11
court convicting the person as if the repealed Act had not been 12
repealed. 13
(5) Subsection (6) applies if, under section 283, a person is 14
convicted of an offence against the repealed Act, section 15
222(2) or (3) after the commencement. 16
(6) The repealed Act, section 222A applies to the person and the 17
court convicting the person as if the repealed Act had not been 18
repealed. 19
290 Buyer's rights if notice about land is not given under 20
repealed Act or is materially defective 21
From the commencement, the repealed Act, sections 150 and 22
189 continue to apply to a contract for the sale of land entered 23
into before the commencement as if the repealed Act had not 24
been repealed. 25
291 Transitional regulation-making power 26
(1) A regulation (a transitional regulation) may make provision 27
of a saving or transitional nature-- 28
(a) for which it is necessary to make provision to allow or 29
facilitate the continuation of the enforcement provisions 30
of the repealed Act under section 292; and 31
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(b) for which this Act does not make provision or sufficient 1
provision. 2
(2) A transitional regulation may have retrospective operation to a 3
day that is not earlier than the commencement. 4
(3) A transitional regulation must declare it is a transitional 5
regulation. 6
(4) This section and any transitional regulation expire 1 year after 7
the commencement. 8
Division 3 Savings provision for repealed Act 9
292 Saving of enforcement provisions 10
(1) The enforcement provisions as in force immediately before 11
the commencement continue in force for the purposes of this 12
Act, the Administration Act, the Chattel Auctioneers Act and 13
the Commercial Agents Act 2010 despite the repeal of the 14
repealed Act. 15
(2) Without limiting subsection (1), a person who held an 16
appointment as an inspector under the repealed Act 17
immediately before the commencement continues to hold 18
office as an inspector on the conditions stated in the person's 19
instrument of appointment. 20
(3) For applying subsection (1), a reference in the enforcement 21
provisions to licensee, as defined in the repealed Act, 22
schedule 2, is taken-- 23
(a) for this Act--to be a reference to the holder of a 24
property agent licence, or a resident letting agent 25
licence, that is in force; or 26
(b) for the Administration Act--to be a reference to the 27
holder of a licence under an Agents Act or this Act, that 28
is in force; or 29
(c) for the Chattel Auctioneers Act--to be a reference to the 30
holder of a motor dealer or chattel auctioneer licence 31
that is in force; or 32
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(d) for the Commercial Agents Act 2010--to be a reference 1
to the holder of a commercial agent licence that is in 2
force. 3
(4) This section does not limit the Acts Interpretation Act 1954, 4
section 20. 5
(5) In this section-- 6
enforcement provisions means-- 7
(a) the repealed Act, chapter 15, other than section 8
558(1)(b) and (c); and 9
(b) any provisions of the repealed Act, chapter 1 or 10
schedule 2, that are relevant to the provisions mentioned 11
in paragraph (a). 12
Part 16 Minor and consequential 13
amendments 14
293 Minor and consequential amendments 15
Schedule 2 amends the legislation it mentions. 16
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Schedule 1
Schedule 1 Decisions subject to review 1
section 201 2
section 27(2) (Chief executive must consider suitability of applicants
and licensees)
section 40(1) (Chief executive may issue or refuse to issue licence)
section 44(1) (Licence--conditions)
section 49(1) (Chief executive may renew or refuse to renew licence)
section 52(1) (Chief executive may restore or refuse to restore
licence)
section 57(1) (Chief executive may appoint or refuse to appoint
substitute licensee)
section 60(1) (Amendment of licence conditions)
section 64(2) (Immediate suspension)
section 137(2) (Chief executive must consider suitability of
applicants)
section 143(1) (Chief executive may issue or refuse to issue
registration certificate)
section 144(1) (Registration certificate--conditions)
section 146(1) (Chief executive may renew or refuse to renew
registration certificate)
section 149(1) (Chief executive may restore or refuse to restore
registration certificate)
section 152(1) (Amendment of registration certificate conditions)
section 155(2) (Immediate suspension)
Page 225
Property Agents Bill 2010
Schedule 2
Schedule 2 Minor and consequential 1
amendments 2
section 293 3
Part 1 Amendments of this Act 4
1 Long title, from `practices, and to make'-- 5
omit, insert-- 6
`practices'. 7
2 Section 9, `schedule 3'-- 8
omit, insert-- 9
`schedule 2'. 10
3 Schedule 3-- 11
renumber as schedule 2. 12
Part 2 Other amendments 13
Body Corporate and Community Management Act 14
1997 15
1 Section 16(2), `Property Agents and Motor Dealers Act 16
2000'-- 17
omit, insert-- 18
`Property Agents Act 2010'. 19
Page 226
Property Agents Bill 2010
Schedule 2
2 Section 205A, definition residential property, `Property 1
Agents and Motor Dealers Act 2000, section 17'-- 2
omit, insert-- 3
`Property Agents Act 2010, section 14'. 4
3 Sections 206(6) and 213(5A), note, `Property Agents and 5
Motor Dealers Act 2000, section 364'-- 6
omit, insert-- 7
`Property Agents Act 2010, section 163'. 8
4 Sections 206A and 213A, heading, `the Property Agents 9
and Motor Dealers Act 2000, s 368A(2)(c)(ii)'-- 10
omit, insert-- 11
`Property Agents Act 2010, s 169(2)(c)(ii)'. 12
5 Sections 206A(1) and 213A(1), `Property Agents and 13
Motor Dealers Act 2000, section 368A(2)(c)(ii)'-- 14
omit, insert-- 15
`Property Agents Act 2010, section 169(2)(c)(ii)'. 16
6 Sections 206A(3) and 213A(3), `Property Agents and 17
Motor Dealers Act 2000, section 368A(2)(b)'-- 18
omit, insert-- 19
`Property Agents Act 2010, section 169(2)(b)'. 20
7 Sections 206A(9), and 213A(9), definition contract form, 21
`Property Agents and Motor Dealers Act 2000, section 22
368A'-- 23
omit, insert-- 24
`Property Agents Act 2010, section 169'. 25
Page 227
Property Agents Bill 2010
Schedule 2
Building Act 1975 1
1 Section 246I(1)(b), from `Property' to `division 2'-- 2
omit, insert-- 3
`Property Agents Act 2010, part 6, division 7, subdivision 2'. 4
Building Units and Group Titles Act 1980 5
1 Sections 39(3)(k) and 53(14), from `real' to `2000'-- 6
omit, insert-- 7
`property agent, or resident letting agent, under the Property 8
Agents Act 2010'. 9
Integrated Resort Development Act 1987 10
1 Section 175F(2)(a), `Property Agents and Motor Dealers 11
Act 2000'-- 12
omit, insert-- 13
`Property Agents Act 2010'. 14
Land Sales Act 1984 15
1 Section 6, definition real estate agent-- 16
omit. 17
Page 228
Property Agents Bill 2010
Schedule 2
2 Section 6-- 1
insert-- 2
`property agent means a property agent under the Property 3
Agents Act 2010.'. 4
3 Sections 11(1)(b) and (c) and 23(1)(b) and (c)-- 5
omit, insert-- 6
`(b) a property agent; or 7
(c) a real estate agency in which a property agent carries on 8
the business of property agent;'. 9
Legal Profession Act 2007 10
1 Section 24(3A) to (3E), `PAMDA'-- 11
omit, insert-- 12
`PAA'. 13
2 Section 24(3D), `Property Agents and Motor Dealers Act 14
2000, section 578'-- 15
omit, insert-- 16
`Property Agents Act 2010, section 245'. 17
3 Section 24(7), definition other document, `PAMDA'-- 18
omit, insert-- 19
`PAA'. 20
4 Section 24(7), definitions PAMDA employee and PAMDA 21
licensee-- 22
omit, insert-- 23
Page 229
Property Agents Bill 2010
Schedule 2
`PAA employee means a property agent salesperson under the 1
Property Agents Act 2010, whether or not the property agent 2
salesperson is also a property agent. 3
PAA licensee means a property agent or resident letting agent 4
under the Property Agents Act 2010.'. 5
5 Section 24(7), definition property contract, paragraph 6
(a)-- 7
omit, insert-- 8
`(a) a form of contract or agreement generally recognised 9
and accepted for use by PAA licensees when carrying 10
out activities authorised by the Property Agents Act 11
2010 in dealing with real property or an interest in real 12
property; or'. 13
Personal Property Securities (Ancillary Provisions) 14
Act 2010 15
1 Chapter 4, parts 32 and 33-- 16
omit. 17
Retirement Villages Act 1999 18
1 Sections 46(1)(c), 64(2) and 68(2), `real estate agent'-- 19
omit, insert-- 20
`property agent'. 21
Page 230
Property Agents Bill 2010
Schedule 2
2 Section 68(2), `real estate agent's'-- 1
omit, insert-- 2
`property agent's'. 3
3 Schedule, definition real estate agent-- 4
omit. 5
4 Schedule-- 6
insert-- 7
`property agent means a property agent under the Property 8
Agents Act 2010.'. 9
Sanctuary Cove Resort Act 1985 10
1 Section 94C(2)(a), `Property Agents and Motor Dealers 11
Act 2000'-- 12
omit, insert-- 13
`Property Agents Act 2010'. 14
Second-hand Dealers and Pawnbrokers Act 2003 15
1 Section 6(2)-- 16
insert-- 17
`(k) a property agent under the Property Agents Act 2010.'. 18
Page 231
Property Agents Bill 2010
Schedule 2
2 Section 6(4)-- 1
insert-- 2
`(d) a property agent under the Property Agents Act 2010.'. 3
3 Section 35(2)-- 4
insert-- 5
`(c) carrying on business at a public auction conducted by a 6
property agent licensed under the Property Agents Act 7
2010.'. 8
South Bank Corporation Act 1989 9
1 Schedule 4, sections 39(3)(k) and 53(14), from `real' to 10
`2000'-- 11
omit, insert-- 12
`property agent, or resident letting agent, under the Property 13
Agents Act 2010'. 14
Page 232
Property Agents Bill 2010
Schedule 3
Schedule 3 Dictionary 1
section 9 2
actually expended, for expenses, means the amount actually 3
incurred after deducting-- 4
(a) the amount of any benefit, received or receivable, 5
directly or indirectly, in connection with the expenses by 6
the person seeking to sue for, recover or retain the 7
expenses; or 8
(b) if the benefit has no fixed amount--the market value of 9
the benefit. 10
Administration Act means the Agents Financial 11
Administration Act 2010. 12
Agents Act means-- 13
(a) the Commercial Agents Act 2010; or 14
(b) the Motor Dealers and Chattel Auctioneers Act 2010. 15
approved form see section 263. 16
arrangement includes agreement, promise, scheme, 17
transaction (with or without consideration), understanding 18
and undertaking (whether express or implied). 19
associate, of a person, means-- 20
(a) a spouse, parent, brother, sister or child of the person; or 21
(b) a child of the person's spouse. 22
attached, for part 6, see section 163. 23
attendance notice means an attendance notice issued under 24
this Act. 25
audit period see the Administration Act, section 30. 26
audit report see the Administration Act, section 30. 27
beneficial interest, other than for section 40(6)(b)(i), see 28
section 10. 29
Page 233
Property Agents Bill 2010
Schedule 3
benefit, for part 6, see section 163. 1
body corporate means-- 2
(a) a body corporate under the Building Units and Group 3
Titles Act 1980; or 4
(b) a body corporate for a leasehold building units plan 5
under the South Bank Corporation Act 1989; or 6
(c) a body corporate under the Body Corporate and 7
Community Management Act 1997. 8
Building Act, for part 6, division 7, see section 180. 9
building complex means-- 10
(a) a building on a single building units plan under the 11
Building Units and Group Titles Act 1980; or 12
(b) a building or buildings on a single group titles plan 13
under the Building Units and Group Titles Act 1980; or 14
(c) a building or buildings shown on a single leasehold 15
building units plan under the South Bank Corporation 16
Act 1989; or 17
(d) a building or buildings on scheme land in a single 18
community titles scheme or a layered arrangement of 19
community title schemes under the Body Corporate and 20
Community Management Act 1997. 21
business address, of a licensee, see section 21(1)(b). 22
business associate, of an applicant for a licence or a licensee, 23
means a person with whom the applicant or licensee carries 24
on, or intends carrying on, business under a licence. 25
business day, for part 6, see section 163. 26
business of letting includes the collecting or receiving of rents 27
by an agent for a principal, whether or not the agent has let the 28
place of residence, land, estate or business concerned. 29
buyer, for part 6, see section 163. 30
caravan means a trailer fitted, equipped, or used principally-- 31
(a) for camping; or 32
Page 234
Property Agents Bill 2010
Schedule 3
(b) as a dwelling; or 1
(c) for carrying on any trade or business. 2
chattel auctioneer means a chattel auctioneer under the Motor 3
Dealers and Chattel Auctioneers Act 2010. 4
chattel auctioneer licence means a chattel auctioneer licence 5
under the Motor Dealers and Chattel Auctioneers Act 2010. 6
Chattel Auctioneers Act, for part 15, see section 267. 7
civil jurisdiction, for an amount that is the limit of a court's 8
civil jurisdiction, means an amount equal to the maximum 9
amount that may be claimed in a personal action in the civil 10
jurisdiction of the court. 11
code of conduct means a code of conduct under section 102 or 12
122. 13
commencement, for part 15, see section 267. 14
commissioner for fair trading means the commissioner for 15
fair trading under the Fair Trading Act 1989. 16
community titles scheme see the Body Corporate and 17
Community Management Act 1997, section 10. 18
comparable certificate means a certificate of registration as 19
any of the following-- 20
(a) real estate agent salesperson; 21
(b) pastoral house salesperson; 22
(c) property developer salesperson; 23
(d) trainee auctioneer. 24
comparable licence-- 25
(a) for a property agent licence means any of the following 26
licences-- 27
(i) real estate agent's licence; 28
(ii) pastoral house auctioneer's licence; 29
(iii) pastoral house licence; 30
(iv) pastoral house director's licence; 31
Page 235
Property Agents Bill 2010
Schedule 3
(v) pastoral house manager's licence; 1
(vi) auctioneer's licence; or 2
(b) for a resident letting agent licence, means a resident 3
letting agent licence. 4
comparative market analysis, for an offered property, see 5
section 239(5). 6
completes a residential property sale see section 11. 7
computer means a mechanical, electronic or other device for 8
the processing of data. 9
conviction includes a plea of guilty or a finding of guilt by a 10
court, but does not include a plea of guilty or a finding of guilt 11
by a court if no conviction is recorded by the court. 12
cooling-off period, for part 6, see section 163. 13
corresponding law means a law of another State or New 14
Zealand that provides for the same matter as this Act or a 15
provision of this Act. 16
criminal history, of a person, means the person's criminal 17
history as defined under the Criminal Law (Rehabilitation of 18
Offenders) Act 1986, other than for a conviction-- 19
(a) to which the rehabilitation period under the Criminal 20
Law (Rehabilitation of Offenders) Act 1986 has expired 21
under that Act; and 22
(b) that is not revived as prescribed by section 11 of that 23
Act. 24
criminal history costs requirement see-- 25
(a) generally for an applicant or licensee--section 32(2); or 26
(b) for an applicant for, or for the renewal or restoration of, 27
registration as a property agent salesperson--section 28
139(2). 29
current sustainability declaration, for part 6, division 7, see 30
section 180. 31
electronic communication, for part 6, see section 163. 32
employ includes-- 33
Page 236
Property Agents Bill 2010
Schedule 3
(a) engage on a contract for services or commission and use 1
the services of, whether or not for reward; and 2
(b) directly engage a person as an independent contractor; 3
and 4
(c) engage a person from a labour hire provider. 5
employed licensee means a licensee who performs the 6
activities of a licensee as the employee of someone else. 7
employment register-- 8
(a) of a property agent, see section 107(1); or 9
(b) of a resident letting agent, see section 127(1). 10
exclusive agency see section 16. 11
executive officer, for a corporation, means any person, by 12
whatever name called and whether or not the person is a 13
director of the corporation, who is concerned, or takes part, in 14
the management of the corporation. 15
existing licence, for part 15, see section 267. 16
existing registration certificate, for part 15, see section 267. 17
financial loss, for part 8 and part 11, division 4, see section 18
190. 19
formed on a sale by auction, for part 6, see section 163. 20
former licensee-- 21
(a) generally, means a person who held a licence under this 22
or the repealed Act; and 23
(b) for part 9, see section 195. 24
former registered employee, for part 9, see section 195. 25
former tribunal means the tribunal under the repealed 26
Commercial and Consumer Tribunal Act 2003. 27
fund means the claim fund established under the 28
Administration Act, section 76. 29
holder-- 30
Page 237
Property Agents Bill 2010
Schedule 3
(a) of a property agent licence, means the person in whose 1
name the licence is issued; or 2
(b) of a registration certificate as a property agent 3
salesperson, means the person in whose name the 4
certificate is issued. 5
in charge see section 12. 6
information notice means a notice complying with the QCAT 7
Act, section 157(2). 8
information sheet, for part 6, see section 163. 9
insolvent under administration means a person who is 10
insolvent under administration under the Corporations Act, 11
section 9. 12
inspector means a person whose appointment as an inspector 13
is continued under section 292. 14
labour hire provider means an entity that conducts a business 15
that is or includes the supply of labour to others. 16
land includes-- 17
(a) a lot or proposed lot under the Land Title Act 1994; and 18
(b) a lot shown on a leasehold building units plan registered 19
or to be registered under the South Bank Corporation 20
Act 1989; and 21
(c) land under the South Bank Corporation Act 1989; and 22
(d) an interest in land. 23
lawyer means an Australian lawyer who, under the Legal 24
Profession Act 2007, may engage in legal practice in this 25
State. 26
letting includes every form of leasing or letting of places of 27
residence, land, estates, or businesses. 28
letting agent see the Body Corporate and Community 29
Management Act 1997, section 16. 30
licence means a property agent licence or a resident letting 31
agent licence. 32
licence register see section 70(1). 33
Page 238
Property Agents Bill 2010
Schedule 3
licensed, for a person, means licensed under this Act. 1
licensee-- 2
(a) generally, means the holder of a property agent licence, 3
or a resident letting agent licence, that is in force; or 4
(b) for part 8, see section 190; or 5
(c) for part 9, see section 195. 6
management rights see the Body Corporate and Community 7
Management Act 1997, schedule 6. 8
market, residential property, means take action to sell the 9
property, other than by appointing a property agent to sell the 10
property. 11
marketeer-- 12
(a) means a person directly or indirectly involved in any 13
way in the sale, or promotion of the sale, or provision of 14
a service in connection with the sale, of residential 15
property, alone, or with others under a formal or 16
informal arrangement, and whether or not-- 17
(i) the person derives a direct or indirect benefit from 18
the sale, or promotion of the sale, or provision of a 19
service in connection with the sale, of the property; 20
or 21
(ii) the way the property is marketed includes offering 22
potential buyers of the property inducements 23
intended to encourage them to purchase the 24
property; or 25
(iii) any of the persons is licensed or is a property agent 26
salesperson; or 27
(iv) the sale, or promotion of the sale, or provision of a 28
service in connection with the sale, of property is, 29
or is part of, a business the person ordinarily 30
conducts; and 31
(b) includes a person who-- 32
Page 239
Property Agents Bill 2010
Schedule 3
(i) causes or arranges for the sale, or promotion of the 1
sale, or provision of a service in connection with 2
the sale, of residential property; or 3
(ii) provides advisory, management, legal, accounting, 4
administrative or other services in connection with 5
the sale, or for promoting the sale, or for providing 6
a service in connection with the sale, of residential 7
property. 8
marketeering contravention, for part 8, see section 190. 9
marketeer proceeding see section 199. 10
misleading includes deceptive. 11
non-investment residential property, for part 8, see section 12
191. 13
obtain, for part 3, division 2, subdivision 6, see section 90. 14
official means-- 15
(a) the chief executive; or 16
(b) an inspector; or 17
(c) a public service employee. 18
open listing see section 13. 19
option to purchase includes a right granted or purportedly 20
granted, but not immediately exercisable, to purchase or to be 21
given an option to purchase. 22
part payment see section 177. 23
place of residence-- 24
(a) means-- 25
(i) a building or part of a building used, or currently 26
designed for use, as a single dwelling only; and 27
(ii) any outbuildings or other appurtenances incidental 28
to the use of the building or part as a single 29
dwelling; but 30
(b) does not include-- 31
Page 240
Property Agents Bill 2010
Schedule 3
(i) a building or part of a building used, or currently 1
designed for use, for temporary accommodation; 2
or 3
(ii) any outbuildings or other appurtenances incidental 4
to the use of the building or part as temporary 5
accommodation. 6
Examples for paragraph (b)-- 7
· motel 8
· caravan park 9
· hostel 10
principal licensee means a licensee that carries on business 11
under the licensee's licence on the licensee's own behalf. 12
promote, the sale of residential property, means take action to 13
increase awareness of the property with a view to increasing 14
the likelihood of sale. 15
property agent see section 72(1). 16
property agent licence means a property agent licence (real 17
estate agent and auctioneer). 18
property agent licence (real estate agent and auctioneer) 19
means a property agent licence (real estate agent and 20
auctioneer) issued under this Act. 21
property agent salesperson means-- 22
(a) a person who has obtained registration as a property 23
agent salesperson under this Act; or 24
(b) a person who has obtained a property agent licence and 25
is employed, as an independent contractor, by a property 26
agent as a property agent salesperson. 27
property developer means-- 28
(a) a person who completes more than 6 residential 29
property sales in any 12 month period; or 30
(b) a person who markets residential property in which the 31
person has an interest of at least 15%. 32
Page 241
Property Agents Bill 2010
Schedule 3
property information session means a presentation (however 1
described) given to 1 or more persons that has as a significant 2
purpose the purchase of residential property in Queensland by 3
1 or more persons attending the presentation. 4
provider see the Residential Tenancies and Rooming 5
Accommodation Act 2008, schedule 2. 6
public examination means a public examination conducted 7
under part 10, division 4, subdivision 2. 8
publish, for part 6, division 7, see section 180. 9
reference committee means the reference committee 10
established under section 204. 11
registered office-- 12
(a) of a property agent, see section 104; or 13
(b) of a resident letting agent, see section 124. 14
registrar means the principal registrar under the QCAT Act. 15
registration certificate means a registration certificate issued 16
under section 143. 17
registration certificate register see section 160(1). 18
relevant advertisement, for part 6, division 7, see section 180. 19
relevant contract, for part 6, see section 163. 20
relevant person, for part 8, see section 190. 21
repealed Act means the repealed Property Agents and Motor 22
Dealers Act 2000. 23
repealed code of conduct means any of the following codes of 24
conduct-- 25
(a) Property Agents and Motor Dealers (Auctioneering 26
Practice Code of Conduct) Regulation 2001; 27
(b) Property Agents and Motor Dealers (Property 28
Developer Practice Code of Conduct) Regulation 2001; 29
(c) Property Agents and Motor Dealers (Real Estate 30
Agency Practice Code of Conduct) Regulation 2001; 31
Page 242
Property Agents Bill 2010
Schedule 3
(d) Property Agents and Motor Dealers (Restricted Letting 1
Agency Practice Code of Conduct) Regulation 2001. 2
representation includes a statement, promise, publication and 3
other representation made in any way. 4
residential dwelling, for part 6, division 7, see section 180. 5
residential property see section 14. 6
resident letting agent see section 113(1). 7
resident letting agent licence means a resident letting agent 8
licence issued under this Act. 9
resident letting agent's business see section 99. 10
respondent, for part 11, division 1, see section 216. 11
reward includes remuneration of any kind including, for 12
example, any fee, commission or gain. 13
rooming accommodation see the Residential Tenancies and 14
Rooming Accommodation Act 2008, schedule 2. 15
sale by auction means the sale of property in any way 16
commonly known and understood to be by auction. 17
sell includes agree to sell, advertise or display for sale, 18
attempt to sell, have for sale, negotiate for a sale, and in any 19
way be concerned in selling. 20
seller, for part 6, see section 163. 21
seller's agent, for part 6, division 7, see section 180. 22
serious offence means any of the following offences 23
punishable by 3 or more years imprisonment-- 24
(a) an offence involving fraud or dishonesty; 25
(b) an offence involving the trafficking of drugs; 26
(c) an offence involving the use or threatened use of 27
violence; 28
(d) an offence of a sexual nature; 29
(e) extortion; 30
(f) arson; 31
Page 243
Property Agents Bill 2010
Schedule 3
(g) unlawful stalking. 1
sole agency see section 16. 2
termination penalty, for part 6, see section 163. 3
trainee chattel auctioner means a trainee chattel auctioneer 4
under the Motor Dealers and Chattel Auctioneers Act 2010. 5
transitioned licence, for part 15, see section 267. 6
transitioned registration certificate, for part 15, see section 7
267. 8
trust account means a trust account kept under the 9
Administration Act. 10
unit sale, for part 6, see section 163. 11
unsolicited invitation see section 15. 12
vacant land, for part 3, division 2, subdivision 7, see section 13
94. 14
warning statement, for part 6, see section 163. 15
© State of Queensland 2010
Page 244
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