PROPERTY AGENTS AND MOTOR DEALERS ACT 2000

Queensland Consolidated Acts

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PROPERTY AGENTS AND MOTOR DEALERS ACT 2000

TABLE OF PROVISIONS

Long Title

Contents
C
HAPTER
1
P
RELIMINARY

Part 1--Introduction

1. Short title
2. Commencement
3. Act binds all persons
4. Exemption—auctions
5. Exemption—public officials
5A. Exemption—liquidators, controllers and receivers
6. Exemption—financial institutions and trustee companies
7. Exemption—pastoral houses
8. Exemption—livestock sales
9. Exemption—nonprofit corporations

Part 2--Objects

10. Objects

Part 3--Interpretation

11. Definitions
12. Notes in text
13. Meaning of beneficial interest
14. Meaning of in charge
15. Meaning of motor vehicle
16. Meaning of open listing
17. Meaning of residential property
18. Meaning of unsolicited invitation
19. Difference between exclusive agency and sole agency

CHAPTER 2--LICENSING

Part 1--Categories of licence

20. Categories of licence

Part 2--How to obtain a licence

21. Steps involved in obtaining a licence

Part 3--Applications for licence

22. Application for licence
23. Applicant must specify business address
24. Requirement to give information or material about application
25. Applicant intending to carry on business to advise name of auditor

Part 4--Suitability of applicants and licensees

26. Suitability of applicants and licensees—individuals
27. Suitability of applicants and licensees—corporations
28. Chief executive must consider suitability of applicants and licensees
29. Public trustee is a suitable person
30. Chief executive of department is a suitable person
31A. Defence Housing Authority is a suitable person
32. Investigations about suitability of applicants and licensees
33. Criminal history is confidential document
34. Requirement to give chief executive information or material about suitability

Part 5--Eligibility for licence

Division 1--Resident letting agent's licence

35. Eligibility for resident letting agent's licence

Division 2--Real estate agent's licence

36. Eligibility for real estate agent's licence

Division 3--Pastoral house licences

37. Eligibility for pastoral house licence
38. Eligibility for pastoral house director's licence
39. Eligibility for pastoral house manager's licence
40. Eligibility for pastoral house auctioneer's licence

Division 4--Auctioneer's licences

41. Eligibility for auctioneer's licence

Division 5--Property developer's licence

42. Eligibility for property developer's licence
43. Eligibility for property developer director's licence

Division 6--Motor dealer's licence

44. Eligibility for motor dealer's licence

Division 7--Commercial agent's licence

45. Eligibility for commercial agent's licence

Division 8--Chief executives and corporations sole

46. Public trustee is eligible to obtain particular licences
47. Chief executive of department is eligible to obtain particular licences
48A. Defence Housing Authority is eligible to obtain particular licences

Part 6--Issue of licences

49. Chief executive may issue or refuse to issue licence
50. Licence—public trustee
51. Licence—chief executive of department
52A. Licence—Defence Housing Authority
53. Licence—conditions

Part 7--Restrictions on performing activities under licences

54. Restriction—corporations
55. Restriction—individuals
56. Restriction—conditions

Part 8--Renewal and restoration of licences

Division 1--Renewal

57. Application for renewal
58. Chief executive may renew or refuse to renew licence
59. Licence taken to be in force while application for renewal is considered

Division 2--Restoration

60. Application for restoration
61. Chief executive may restore or refuse to restore licence
62. Licence taken to be in force while application for restoration is considered

Part 9--Dealings with licences

Division 1--Transfer of licence

63. Transfer of licence prohibited

Division 2--Substitute licences

64. Appointment of substitute licensee—principal licensee—individual
65. Appointment of substitute licensee—employed licensee in charge of a licensee's business at a place
66. Appointment of substitute licensee—pastoral house manager in charge of a licensee's business at a place
67. Chief executive may appoint or refuse to appoint substitute licensee
68. Substitute licensee
69. Limitation on period of substitution

Division 3--General

70. Amendment of licence conditions
71. Return of licence for amendment of conditions or when suspended or cancelled
72. Surrender of licence
73. Licence may be deactivated

Part 10--Immediate suspension and cancellation of licences

74. Immediate suspension
75. Immediate cancellation

Part 11--General provisions about licences

76. Form of licence
77. Display of licence
78. Term of licence
79. Replacement licences
80. Register of licences
81. Licensees to notify chief executive of changes in circumstances

CHAPTER 3--EMPLOYEE REGISTRATION

Part 1--Categories of registered employees

82. Categories of registered employees

Part 2--How to obtain registration

83. Steps involved in obtaining registration

Part 3--Applications for registration

84. Application for registration
84A. Requirement to give chief executive information or material about application

Part 4--Suitability of applicants

85. Suitability of applicants
86. Chief executive must consider suitability of applicants
87. Investigations about suitability of applicants
88. Criminal history is confidential document
89. Requirement to give chief executive information or material about suitability

Part 5--Eligibility for registration

90. Eligibility for registration as registered employee

Part 6--Issue of registration certificate

91. Chief executive may issue or refuse to issue registration certificate
92. Registration certificate—conditions

Part 7--Activities authorised under registration certificate

93. What a registration certificate authorises

Part 8--Renewal and restoration of registration certificates

Division 1--Renewal

94. Application for renewal
95. Chief executive may renew or refuse to renew registration certificate
96. Registration certificate taken to be in force while application for renewal is considered

Division 2--Restoration

97. Application for restoration
98. Chief executive may restore or refuse to restore registration certificate
99. Registration certificate taken to be in force while application for restoration is considered

Part 9--Dealings with registration certificates

Division 1--Transfer of registration certificate

100. Transfer of registration certificate prohibited

Division 2--General

101. Amendment of registration certificate conditions
102. Return of registration certificate for amendment of conditions
103. Surrender of registration certificate

Part 10--Immediate suspension and cancellation of registration certificates

104. Immediate suspension
105. Immediate cancellation

Part 11--General provisions about employee registration

106. Form of registration certificate
107. Term of registration certificate
108. Replacement certificates
109. Register of registration certificates
110. Registered employees to notify chief executive of changes in circumstances

CHAPTER 4--RESIDENT LETTING AGENTS

Part 1--Resident letting agent's licence

111. What a resident letting agent's licence authorises

Part 2--Conduct provisions

Division 1--Carrying on business

112. Carrying on of business under resident letting agent's licence
113. Licensee to be in charge of a resident letting agent's business at a place

Division 2--Appointment

114. Appointment of resident letting agent
115. Form of appointment
115A. Assignment of appointments

Division 3--Recovery of reward or expense

116. Commission may be claimed only in relation to actual amounts
117. Restriction on remedy for reward or expense
118. Excess fees etc. to be repaid

Division 4--Code of conduct

119. Code of conduct
120. Complaints about conduct

Part 3--General

121. Registered office
122. Resident letting agent to notify chief executive of change in place of business etc.
123. Display and publication of licensee's name
124. Principal licensee must keep employment register
124A. Access to particular documents

Part 4--Offences

125. Acting as resident letting agent
126. Resident letting agent must not act for more than 1 party
127. Production of licence

CHAPTER 5--REAL ESTATE AGENTS

Part 1--Real estate agent's authorisation and responsibility

Division 1--Real estate agent's licence

128. What a real estate agent's licence authorises

Division 2--Responsibilities of persons in charge of a licensee's business for salespersons

129. Responsibility for acts and omissions of salespersons
130. Real estate agent must give salespersons employment authority

Part 2--Conduct provisions

Division 1--Carrying on business

131. Carrying on of business under real estate agent's licence
132. Licensee to be in charge of a real estate agent's business at a place

Division 2--Appointment

133. Appointment of real estate agent—general
134. Form of appointment
134A. Pre-appointment advice about types of appointment
135. Appointment of real estate agent—sole and exclusive agencies
135A. Proposal for assignment of appointments
136. Restriction on reappointment of real estate agents for sales of residential property
136A. Form of reappointment
137. When appointments and reappointments are ineffective

Division 3--Disclosure of interest

138. Disclosures to prospective buyer

Division 4--Recovery of reward or expense

139. Commission may be claimed only in relation to actual amounts
140. Restriction on recovery of reward or expense—no proper authorisation etc.
141. Restriction on recovery of reward or expense above amount allowed
142. Excess commission etc. to be repaid

Division 5--Interests in property

143. Definition for div 5
144. Beneficial interest—options
145. Beneficial interest—other than options
145A. Return of beneficial interest if in form of commission
146. Non-application of s 145 for particular livestock sales

Division 6--Lands not lawfully useable for residential purposes

147. Definition for div 6
148. Application of div 6
149. Notice to be given about vacant land
150. Buyer's rights if notice not given or materially defective
151. Liability to punishment under s 149 or 150 additional to other liabilities at law

Division 7--Sales of particular businesses

152. Application of div 7
153. Notice to be given about sale of resident letting agent's business

Division 8--Code of conduct

154. Code of conduct
155. Complaints about conduct

Part 3--General

156. Registered office
157. Real estate agent must notify chief executive of change in place of business etc.
158. Display and publication of licensee's name
159. Principal licensee must keep employment register

Part 4--Offences

160. Acting as real estate agent
161. Pretending to be real estate salesperson
162. Real estate agent must not act for more than 1 party
163. Production of licence or registration certificate
164. Employment of persons in real estate business

CHAPTER 6--PASTORAL HOUSES

Part 1--Pastoral house's authorisation and responsibilities

Division 1--Pastoral house licences

165. What a pastoral house licence authorises
166. What a pastoral house director's licence authorises
167. What a pastoral house manager's licence authorises
168. What a pastoral house auctioneer's licence authorises

Division 2--Responsibility of persons in charge of a licensee's business for salespersons

169. Responsibility for acts and omissions of pastoral house salespersons
170. Pastoral house must give salespersons employment authority

Part 2--Conduct provisions

Division 1--Carrying on business

171. Carrying on of business under pastoral house licence
172. Licensee to be in charge of pastoral house's business at a place

Division 2--Appointment

173. Appointment of pastoral house—general
174. Form of appointment
174A. Pre-appointment advice about types of appointment
175. Appointment of pastoral house—sole and exclusive agencies
175A. Proposal for assignment of appointments
176. Restriction on reappointment of pastoral house for sales of residential property
176A. Form of reappointment
177. When appointments and reappointments are ineffective

Division 3--Recovery of reward or expense

178. Commission may be claimed only in relation to actual amounts
179. Restriction on recovery of reward or expense—no proper authorisation etc.
180. Restriction on recovery of reward or expense above amount allowed
181. Excess commission etc. to be repaid

Division 4--Interests in property

182. Definition for div 4
183. Beneficial interest—options
184. Beneficial interest—other than options
184A. Return of beneficial interest if in form of commission
185. Non-application of s 184 for particular livestock sales

Division 5--Lands not lawfully useable for residential purposes

186. Definition for div 5
187. Application of div 5
188. Notice to be given about vacant land
189. Buyer's rights if notice not given or materially defective
190. Liability to punishment under s 188 or 189 additional to other liabilities at law

Division 6--Code of conduct

191. Code of conduct
192. Complaints about conduct

Part 3--General

193. Registered offices
194. Pastoral house etc. must notify chief executive of particular changes
195. Display and publication of licensee's name
196. Pastoral house to keep employment register

Part 4--Offences

197. Acting as pastoral house
198. Acting as pastoral house director
199. Acting as pastoral house manager
200. Acting as pastoral house auctioneer
201. Pretending to be pastoral house salesperson
202. Pastoral house must not act for more than 1 party
203. Production of licence or registration certificate
204. Employment of persons in pastoral house business

CHAPTER 7--AUCTIONEERS

Part 1--Auctioneer's authorisation and responsibilities

Division 1--What an auctioneer's licence authorises

205. What an auctioneer's licence authorises

Division 2--Responsibilities of auctioneers for trainee auctioneers

206. Responsibility for acts and omissions of trainee auctioneers
207. Auctioneer must give trainee auctioneer employment authority

Part 2--Conduct provisions

Division 1--Carrying on business

208. Carrying on of business under auctioneer's licence
209. Licensee to be in charge of auctioneer's business at a place

Division 2--Appointment

210. Appointment of auctioneer—general
211. Form of appointment
211A. Pre-appointment advice about types of appointment
212. Appointment of auctioneer—sole and exclusive agencies
212A. Proposal for assignment of appointments
213. Restriction on reappointment of auctioneers for sales of residential property
213A. Form of reappointment
214. When appointments and reappointments are ineffective

Division 3--Chattel auctions

215. Buyer's premium

Division 4--Recovery of reward or expense

216. Commission may be claimed only in relation to actual amounts
217. Restriction on recovery of reward or expense—no proper authorisation etc.
218. Restriction on recovery of reward or expense above amount allowed
219. Excess commission etc. to be repaid

Division 5--Interests in property

220. Definition for div 5
221. Beneficial interest—options
222. Beneficial interest—other than options
222A. Return of beneficial interest if in form of commission
223. Non-application of s 222 for particular livestock sales

Division 6--Lands not lawfully useable for residential purposes

224. Definition for div 6
225. Application of div 6
226. Notice to be given about vacant land
227. Buyer's rights if notice not given or materially defective
228. Liability to punishment under s 226 or 227 additional to other liabilities at law

Division 7--Sales of livestock

229. Sales of livestock
230. Protection for auctioneer

Division 8--Code of conduct

231. Code of conduct
232. Complaints about conduct

Division 9--Sales of water damaged motor vehicles

232A. Announcements before auction—water damaged motor vehicle

Division 10--Sales of written-off vehicles

232B. Announcements before auction—written-off vehicle

Part 3--Guarantee of title for motor vehicles

233. Guarantee of title for motor vehicles

Part 4--Statutory warranty

234. Definitions for pt 4
235. Meaning of defect
236. Meaning of warranty period
237. Application of pt 4
238. Unwarranted and restorable vehicles to be identified when offered for sale
238A. Bidders to register for auction of restorable vehicles
239. Announcements before auction
239A. Effect of sale of restorable vehicle to registered bidder
240. Warrantor
241. Auctioneer to give buyer notice about statutory warranty
242. Statutory warranty
243. Defects not covered by statutory warranty
244. Buyer's obligations under statutory warranty
245. Warrantor to record particulars of extension of warranty period
246. Warrantor to advise whether defect covered by statutory warranty
247. Warrantor's obligation to repair defects
248. Warrantor's failure to repair
249. Applications for more than prescribed amount

Part 5--General

250. Registered office
251. Auctioneer must notify chief executive of change in place of business etc.
252. Display and publication of licensee's name
253. Principal licensee must keep employment register
254. Auctioneer to obtain statement from seller of vehicle
255. Auctioneer to give statement to buyer of vehicle

Part 6--Offences

256. Acting as auctioneer
257. Pretending to be trainee auctioneer
258. Auctioneer must not act for more than 1 party
259. Production of licence or registration certificate
260. Employment of persons in auctioneer's business

CHAPTER 8--PROPERTY DEVELOPERS

Part 1--Property developer's authorisation and responsibilities

Division 1--Interpretation

261. Meaning of complete a residential property sale

Division 2--Licences

262. What a property developer's licence authorises
263. What a property developer director's licence authorises

Division 3--Responsibilities of persons in charge of a licensee's business for salespersons

264. Responsibility for acts and omissions of salespersons
265. Property developer must give salespersons employment authority

Part 2--Conduct provisions

Division 1--Carrying on business

266. Carrying on business under property developer's licence
267. Licensee or salesperson to be in charge of a property developer's business at a place

Division 2--Disclosure of interest

268. Disclosures to prospective buyer

Division 3--Code of conduct

269. Code of conduct
270. Complaints about conduct

Part 3--General

271. Registered office
272. Property developer must notify chief executive of change in place of business etc.
273. Display and publication of licensee's name
274. Principal licensee must keep employment register

Part 4--Offences

275. Acting and marketing offences
276. Pretending to be property developer salesperson
277. Production of licence
278. Employment of persons in property developer's business

CHAPTER 9--MOTOR DEALERS

Part 1--Motor dealer's authorisation and responsibilities

Division 1--Motor dealer's licence

279. What a motor dealer's licence authorises

Division 2--Responsibilities of persons in charge of a licensee's business for motor salespersons

280. Responsibility for acts and omissions of motor salespersons
281. Motor dealer must give salespersons employment authority

Part 2--Conduct provisions

Division 1--Carrying on business

282. Carrying on of business under motor dealer's licence
283. Licensee to be in charge of motor dealer's business at a place
283A. Motor dealer dealing in motor vehicles

Division 2--Consignment selling

284. Appointment—sale on consignment
285. Form of appointment
285A. Proposal for assignment of appointments
286. Trade-ins

Division 3--Recovery of reward or expense

287. Commission may be claimed only in relation to actual amounts
288. Restriction on remedy for reward or expense
289. Excess commission etc. to be repaid

Division 4--Interests in property

290. Definition for div 4
291. Beneficial interest—options
292. Beneficial interest—other than options
292A. Return of beneficial interest if in form of commission

Division 5--Code of conduct

293. Code of conduct
294. Complaints about conduct

Division 6--Sales of used motor vehicles that are water damaged motor vehicles

294A. Notice to be given about used motor vehicle—water damaged motor vehicle

Division 7--Sales of used motor vehicles that are written-off vehicles

294B. Notice to be given about used motor vehicle—written-off vehicle

Part 3--Guarantee of title for motor vehicles

295. Guarantee of title for motor vehicles

Part 4--Cooling-off period

296. Definitions for pt 4
297. Meaning of cooling-off period
298. Application of pt 4
299. Particular vehicles for sale on consignment to be identified as not being subject to cooling-off period
300. Notice to be given about used motor vehicle—no prior contract
301. Option to purchase during cooling-off period
302. Buyer's rights if notice not given or materially defective
303. Contract must contain cooling-off clause
304. Consideration for cooling-off period
305. Consideration for option
306. Harassment or coercion
307. Property does not pass during cooling-off period
308. Buyer may avoid contract during cooling-off period
309. Procedure for avoidance
310. What happens when contract avoided
311. Consideration for used motor vehicle during cooling-off period

Part 5--Statutory warranty

312. Definitions for pt 5
313. Meaning of defect
314. Meaning of warranty period
315. Application of pt 5
316. Unwarranted and restorable vehicles to be identified when offered for sale
316A. Waiver of statutory warranty for restorable vehicles
317. Motor dealer to give proposed buyer notice about statutory warranty
318. Statutory warranty
319. Defects not covered by statutory warranty
320. Buyer's obligations under statutory warranty
321. Warrantor to record particulars of extension of warranty period
322. Warrantor to advise whether defect covered by statutory warranty
323. Warrantor's obligation to repair defects
324. Warrantor's failure to repair
325. Applications for more than prescribed amount

Part 6--General

326. Registered office
327. Motor dealer must notify chief executive of change in place of business etc.
328. Display and publication of licensee's name
329. Principal licensee to keep employment register
330. Motor dealer to keep transactions register
331. Motor dealer to obtain statement from seller of vehicle
332. Motor dealer to give statement to buyer of vehicle
333. Contract of sale

Part 7--Offences

334. Acting as motor dealer
335. Pretending to be motor salesperson
336. Motor dealer must not act for more than 1 party
337. Production of licence or registration certificate
338. Employment of persons in motor dealer business

CHAPTER 10--COMMERCIAL AGENTS

Part 1--Commercial agent's authorisation and responsibilities

Division 1--Commercial agent's licence

339. What a commercial agent's licence authorises

Division 2--Responsibilities of persons in charge of a licensee's business for commercial subagents

340. Responsibility for acts and omissions of commercial subagent
341. Commercial agent must give commercial subagents employment authority

Part 2--Conduct provisions

Division 1--Carrying on business

342. Carrying on of business under commercial agent's licence
343. Licensee to be in charge of commercial agent's business at a place

Division 2--Appointment

344. Appointment of commercial agent
345. Form of appointment
345A. Proposal for assignment of appointments

Division 3--Recovery of expenses and costs

346. Restriction on remedy for reward or expense
347. Recovery of costs of commercial agent

Division 4--Code of conduct

348. Code of conduct
349. Complaints about conduct

Part 3--General

350. Registered office
351. Commercial agent must notify chief executive of change in place of business etc.
352. Display and publication of licensee's name
353. Principal licensee must keep employment register

Part 4--Offences

354. Acting as commercial agent
355. Pretending to be commercial subagent
356. Commercial agent must not act for more than 1 party
357. Production of licence or registration certificate
358. Employment of persons in commercial agent's business
359. Licence not to be used improperly
360. Unlawful entry
361. Misrepresentation
362. Impersonating commercial agents

CHAPTER 11--RESIDENTIAL PROPERTY SALES

Part 1--Preliminary

363. Purposes of ch 11
364. Definitions for ch 11
364A. Relationship with Electronic Transactions (Queensland) Act
365. When parties are bound under a relevant contract
365A. Buyer to receive copy of property valuation buyer pays for
365B. Lawyer's disclosure to buyer about independence

Part 2--Warning statements

366. Warning statement if proposed relevant contract is faxed
366A. Warning statement if proposed relevant contract is given by electronic communication other than fax
366B. Warning statement if proposed relevant contract is given in another way
366C. Error in process may be corrected before relevant contract is signed
366D. Content and effectiveness of warning statements
367. Buyer's rights if a warning statement is not given or is not effective

Part 3--Cooling-off period

368. Terminating relevant contract during cooling-off period
369. Waiving cooling-off period
370. Shortening cooling-off period

Part 4--Accounting requirements for relevant contracts

371. Application of pt 4
372. Part payments must be paid to particular persons
373. Part payment to be held in trust

CHAPTER 12--ACCOUNTS AND FUNDS

Part 1--Trust accounts

Division 1--Application of pt 1

374. Pt 1 applies only to principal licensees

Division 2--Opening trust accounts

375. Notice before opening account
376. Account's name
377. Notice of account's opening, closing or name change

Division 3--Dealing with trust money
Subdivision 1--Payments to trust accounts

378. Application
379. Dealing with amount on receipt
380. Investments
381. No other payments to trust account
382. Multiple licence holders
383. Trust money not available to licensee's creditors
Subdivision 2--Payments from trust accounts
384. When payments may be made from trust accounts
385. Permitted drawings from trust accounts
Subdivision 3--Other trust account obligations
386. Accounting to clients

Division 4--Disputes about trust money

387. Application of div 4
388. When amount in dispute may be paid
389. Where amount must be paid if notice given
390. Dealing with amount if no notice

Part 2--Audit requirements

Division 1--Preliminary

391. Definitions for pt 2

Division 2--Provisions about auditors

392. Principal licensee must appoint auditor
393. Application for approval as auditor
394. Chief executive to consider application
395. When approval of person as approved auditor ends
396. Notice and evidence of auditor's appointment
397. Steps to be taken if auditor's appointment ends
398. Chief executive may withdraw approval as approved auditor
399. Chief executive may make information available to supervisory bodies

Division 3--Audit of trust accounts

400. Definitions for div 3
401. What trust accounts must be audited
402. Time for audit
403. Auditors—functions
404. Auditor's advice to chief executive
405. Auditor may ask licensee to produce other accounts
406. Audit on ceasing to be licensee or carrying on business
407. Audit reports

Part 3--Claim fund

408. Claim fund
409. How fund may be applied
410. Agreements with financial institutions

Part 4--Freezing trust accounts and appointing receivers and special investigators

Division 1--Definitions

411. Definitions for pt 4

Division 2--Freezing licensees' accounts

412. Chief executive may freeze licensee's accounts in particular cases
413. Financial institution must comply with direction
414. Account not to be operated unless chief executive allows
415. Chief executive may operate account
416. Withdrawal of direction

Division 3--Receivers
Subdivision 1--Appointment

417. When receiver may be appointed
418. Trust property over which receiver may be appointed
419. Who may be appointed
420. How receivers are appointed
Subdivision 2--Receiver's functions and powers
421. Receivers—functions
422. Requiring information
423. Possession of receivership property
424. Orders for possession of receivership property
425. Enforcing orders
426. Improperly withdrawing, destroying or concealing receivership property
427. Dealing with receivership property
428. Obstructing receivers
Subdivision 3--Distributing receivership property
429. Notice to claimants against receivership property
430. Access to documents
431. Deciding claims
432. Payment of claims
433. Money not dealt with by receiver
Subdivision 4--Recovery of receivers' remuneration and costs
434. Recovery of remuneration and costs
Subdivision 5--Ending receivership
435. Ending receiver's appointment
436. Dealing with receivership property when appointment ends
437. Returns by receiver
Subdivision 6--Miscellaneous
438. Receiver not personal representative
439. Receivership property free from execution or attachment

Division 4--Special investigators

440. Appointment of special investigator
441. Special investigators—functions
442. Special investigators—powers
443. Licensee must comply with special investigator's lawful requests
444. Reports to chief executive
445. Recovery of remuneration, costs or liabilities
446. Ending special investigator's appointment

CHAPTER 13--JURISDICTION OF TRIBUNAL

447. Definitions for ch 13
450. Jurisdiction

CHAPTER 14--CLAIMS AGAINST THE FUND AND OTHER PROCEEDINGS

Part 1--Preliminary

469. Definitions for ch 14
469A. What is the purchase of a non-investment residential property

Part 2--Claims against the fund

Division 1--Who can claim

470. Claims
471. Persons who can not claim
471A. Claims limited to realised loss

Division 2--Making and dealing with claims

472. General time limit for making claims
472A. Time limit for making particular claims relating to marketeering contraventions and non-investment residential property
472B. Time limit for a claim notified by receiver
473. Making claims other than particular claims relating to marketeering contraventions and non-investment residential property
473A. Making particular claims relating to marketeering contraventions and non-investment residential property
474. Chief executive to give respondent notice of claim
475. Corporation to give notices in relation to claim
476. Dealing with claims that have not settled
477. Inspector may investigate claims and prepare report

Division 3--Minor claims

478. Procedure for deciding minor claims
479. Amendment of claim
480. Respondent fails to respond to claim
481. Deciding minor claims
482. Notifying decision
483. Party may ask tribunal to review chief executive's decision
484. Chief executive's decision binds the parties

Division 4--Claims other than minor claims

485. Registrar to fix hearing date and issue attendance notices
488. Deciding claims other than minor claims

Division 4A--Deciding financial loss for non-investment residential property

488A. Application of div 4A
488B. General test for working out loss
488C. Adjustment for on-sale not at market value

Division 5--Payment of claims and liability of persons for payments from the fund

489. Payment of claims
490. Liability for payment from the fund
492. Limits on recovery from fund
493. Notice of other recovery

Division 6--Reimbursements to fund

494. Recovery of payments—general
495. Recovery of overpayments

Part 3--Disciplinary proceedings

496. Grounds for starting disciplinary proceedings
497. Starting disciplinary proceedings

Part 3A--Marketeer proceedings

500A. Grounds for starting marketeer proceeding
500B. How to start a proceeding
500C. When proceeding is taken to start

Part 4--Review proceedings

501. Person dissatisfied with chief executive's decision may seek review
505. Stay of operation of decisions

Part 5--Proceedings generally

Division 1--Extending time

511. Tribunal may extend time

Division 6--Applications for summary orders

527. Application for summary order
528. Respondent to be advised of application for summary order

Division 7--Reference committee

528AA. Reference committee
528AB. Reference committee functions
528AC. Reference committee may authorise application for public examination

Division 8--Public examinations

528A. Tribunal may conduct public examination

Division 9--Stopping particular conduct

528C. Stopping particular conduct

Division 10--Tribunal's orders

529. Orders tribunal may make on disciplinary charge hearing
530. Orders tribunal may make on claim hearing
530A. Orders tribunal may make in a marketeer proceeding
530B. Criteria for deciding amount to be ordered
532. Summary orders

CHAPTER 15--ENFORCEMENT

Part 1--Inspectors

541. Appointment
542. Limitation of inspector's powers
543. Appointment conditions
544. Identity cards
545. Failure to return identity card
546. Production or display of identity cards

Part 2--Inspectors' powers

Division 1--Entry to places

547. Entry to places

Division 2--Procedure for entry

548. Entry with consent
549. Application for warrant
550. Issue of warrant
551. Special warrants
552. Warrants—procedure before entry

Division 3--Powers after entry

553. Inspector's powers in a place under a warrant
554. Procedure after thing seized

Division 4--Other powers

555. Power to require name and address
556. Power to require documents to be produced—licensees
556A. Power to require documents to be produced—marketeers
557. Power to require information

Part 3--Other provisions about enforcement

558. Duties of financial institution managers
559. Notice of damage
560. Compensation
561. Threatening or obstructing inspectors
562. Impersonation of inspectors

CHAPTER 16--INJUNCTIONS, UNDERTAKINGS, PRESERVATION OF ASSETS AND CIVIL PENALTIES

Part 1--Injunctions

563. Injunctions
564. Who may apply for injunction
565. Grounds for injunction
566. Court's powers for injunctions
567. Terms of injunction
568. Undertakings as to costs

Part 2--Undertakings

569. Chief executive may seek undertaking after contravention
569A. Undertaking about other matter
570. Variation and withdrawal of undertakings
571. Enforcement of undertakings
572. Register of undertakings

Part 3--Preservation of assets

572A. Powers of court for preservation of assets

Part 4--Civil penalties and compensation orders for particular contraventions

572B. Application of pt 4
572C. Application for order imposing civil penalties
572D. Orders District Court may make
572E. Criteria for deciding amount to be ordered

CHAPTER 17--GENERAL CONTRAVENTIONS, EVIDENTIARY MATTERS AND LEGAL PROCEEDINGS

Part 1--General contraventions

573. Wrongful conversion and false accounts
573A. Misleading conduct
573B. Unconscionable conduct
573C. False representations and other misleading conduct in relation to residential property
573D. Application of ss 573A, 573B and 573C
573E. Offensive conduct in relation to residential property
574. False representations about property
574A. Representation of price of property to seller—auctioneer
574B. Auctioneer not to indicate reserve or other price to bidder
574C. Representation of price of property—real estate agent
574D. Real estate agent not to indicate reserve price to potential buyer
575. Chief executive's power to ask for substantiation of representations made by licensees or registered employees
575A. Chief executive to ask for substantiation of representations made by marketeers
576. False representations about mileage
577. Tampering with odometers
578. Offence to charge fee for providing documents etc.
579. Offence to ask for, or receive, excess or improper remuneration
580. Offence to deal with trust account
581. Offence to lend or borrow licence
582. False or misleading statements
583. False or misleading documents
584. Prohibited practices

Part 2--Evidentiary matters

585. Evidence of tampering by a motor dealer or auctioneer
586. Continuing false representation—tampered with odometer
587. Evidentiary provisions
588. Entries in licensee's documents

Part 3--Proceedings

589. Proceedings for an offence
590. Responsibility for acts or omissions of representatives
591. Executive officers must ensure corporation complies with Act
592. Power of court
592A. Power of court for particular offences
593. Allegations of false or misleading representations or statements etc.

CHAPTER 18--GENERAL

594. Public warning statements
595. Civil remedies not affected
596. Criminal Proceeds Confiscation Act 2002 not limited
597. Delegation—chief executive
598. Approved forms
599. Review of Act
600. Regulation-making power
602. Act repealed

CHAPTER 19--TRANSITIONAL AND SAVINGS PROVISIONS

Part 1--Transitional and savings provisions for repealed Act

603. Definitions for pt 1
604. Former fund
605. Subrogation of committee
606. Existing substitute licensees
607. Existing licences
608. Existing certificates of registration
609. Existing applications
610. Existing objections
611. Existing exemptions
612. Existing approved financial institutions
613. Existing agreements with financial institutions
614. Existing appointments to act as licensee
615. Existing trust accounts
616. Existing agreements entered into by committee
617. Existing auditors
618. Existing receivers appointed by committee
619. Existing inspectors
620. Registrar's or deputy registrar's acts and decisions
621. Continuation of restriction on licensee's remedy for commission etc.
622. Disciplinary action
623. Appeals
624. Legal proceedings by or against committee
625. Provisions for property developers
626. Provisions for property developer salespersons
627. Provisions for particular motor dealers
628. Provisions for particular motor salespersons
629. References to repealed Act
630. References to former fund
630A. Provision for particular stolen motor vehicles

Part 2--Transitional provisions for Tourism, Racing and Fair Trading (Miscellaneous Provisions) Act 2002

631. Transitional provision for relevant contracts mentioned in repealed s 365
632. Transitional provision for warning statements

Part 3--Transitional provision for Motor Vehicles Securities and Another Act Amendment Act 2002

633. Continuation of existing statutory warranties

Part 4--Transitional provisions for Property Agents and Motor Dealers Amendment Act 2002

634. Application of amendments to claims
635. Application of liability for payment from the fund

Part 5--Transitional provision for Tourism, Fair Trading and Wine Industry Development (Miscellaneous Provisions) Act 2005

636. Transitional provision about statutory warranty under former section 242 or 318

Part 6--Transitional provision for Audit Legislation Amendment Act 2006

637. Continuing auditor may perform certain audits

Part 7--Transitional provisions for Property Agents and Motor Dealers and Other Acts Amendment Act 2006

638. Exemption for liquidators, controllers and receivers
639. Exemption—livestock sales
640. References to restricted letting agents
641. Existing restricted letting agent licences
642. Existing eligibility requirements for motor dealer's licence
643. Transitional provision for s 367
SCHEDULE 1 DECISIONS SUBJECT TO REVIEW
SCHEDULE 2 DICTIONARY
Endnotes

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