Queensland Consolidated Acts

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PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 - SECT 28

28 Chief executive must consider suitability of applicants and licensees

(1) The chief executive must, when deciding whether a person is a suitable person to hold a licence, consider the following things--

(a) the character of the person;
(b) the character of the person's business associates;
(c) whether the person held a licence under this Act, the repealed Act or a corresponding law that was suspended or cancelled;
(d) whether an amount has been paid from the fund because the person did, or omitted to do, something that gave rise to the claim against the fund;
(e) whether the person has been disqualified under this Act, the repealed Act or a corresponding law from being a licensee or an executive officer of a corporation;
(f) whether, within the previous 5 years, the tribunal or the District Court has made an order under this Act against the person because of the person's involvement as a marketeer of residential property;
(g) for an individual--
(i) the person's criminal history; and
(ii) whether the person has been affected by bankruptcy action; and
(iii) whether the person has been convicted of an offence against this Act or the repealed Act or a corresponding law;
(iv) whether the person is capable of satisfactorily performing the activities of a licensee;
(v) whether the person's name appears in the register of disqualified company directors and other officers under the Corporations Act;
Editor's note--
See the Corporations Act, section 1274AA (Register of disqualified company directors and other officers).
(h) for a corporation--
(i) whether the corporation has been placed in receivership or liquidation; and
(ii) whether an executive officer of the corporation has been affected by bankruptcy action; and
(iii) whether an executive officer of the corporation has been convicted of an offence against this Act or the repealed Act; and
(iv) whether each executive officer of the corporation is a suitable person to hold a licence;
(i) another thing the chief executive may consider under this Act.

(2) If the chief executive decides a person is not a suitable person to hold a licence, the chief executive must give the person an information notice within 14 days after the decision is made.

(3) In this section--

fund includes the auctioneers and agents fidelity guarantee fund under the repealed Act.



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