Queensland Consolidated Acts

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PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 - SECT 35

35 Eligibility for resident letting agent's licence

(1) An individual is eligible to obtain a resident letting agent's licence for a building complex only if the individual--

(a) is at least 18 years; and
(b) has the educational or other qualifications for a resident letting agent's licence that may be prescribed under a regulation; and
(c) satisfies the chief executive that the individual--
(i) has body corporate approval for the individual or the person by whom the individual is to be employed to carry on a business of letting lots in the building complex under the authority of a licence; and
(ii) resides, or will reside if issued with a licence, in the building complex or, if the individual proposes to perform the activities of a resident letting agent for more than 1 building complex, in 1 of the building complexes; and
(iii) has a place, or will have a place if issued with a licence, in the building complex or, if the individual proposes to perform the activities of a resident letting agent for more than 1 building complex, in 1 of the building complexes, that will be the individual's registered office.

(2) An individual is to be taken to satisfy the requirement mentioned in subsection (1)(b) if the chief executive is satisfied the individual--

(a) has a comparable qualification; or
(b) within 2 years before the day the individual's application for a resident letting agent's licence is received by the chief executive--
(i) has been licensed as a resident letting agent or real estate agent; or
(ii) has been the holder of a comparable licence under the repealed Act.

(3) A corporation is eligible to obtain a resident letting agent's licence for a building complex only if the corporation satisfies the chief executive that--

(a) the corporation has body corporate approval for the corporation to carry on a business of letting lots in the building complex under the authority of a licence; and
(b) a director of the corporation is a resident letting agent; and
(c) the individual who will perform the activities of a resident letting agent for the corporation--
(i) is a resident letting agent; and
(ii) resides, or will reside if the corporation is issued with a licence, in the building complex or, if the individual proposes to perform the activities of a resident letting agent for the corporation for more than 1 building complex, in 1 of the building complexes; and
(iii) has a place, or will have a place if issued with a licence, in the building complex or, if the individual proposes to perform the activities of a resident letting agent for the corporation for more than 1 building complex, that will be the individual's registered office.

(4) An individual who satisfies the chief executive that the individual will be a director of a corporation that is a resident letting agent is not required to comply with subsection (1)(c)(ii) if the individual does not intend performing the activities of a resident letting agent for the building complex.



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