Queensland Consolidated Acts

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PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 - SECT 65

65 Appointment of substitute licensee--employed licensee in charge of a licensee's business at a place

(1) This section applies if an employed licensee who is in charge of a licensee's business at a place will be absent from the place for any reason, other than the employed licensee's resignation or termination of employment.

(2) If the employed licensee will be absent from the place for a period of not more than 30 days, the principal licensee who employs the employed licensee may appoint an adult as the employed licensee's substitute licensee for the period if the adult consents to the appointment.

(3) The principal licensee must ensure an appointment under subsection (2) and the person's consent to the appointment are--

(a) in writing and state the period of appointment; and
(b) kept at the licensee's registered office; and
(c) made available for immediate inspection by an inspector who asks to see them.

Maximum penalty--100 penalty units.

(4) If the employed licensee will be absent from the place for a period of more than 30 days, the principal licensee who employs the employed licensee must apply to the chief executive in the approved form for the appointment or the extension of the appointment of a person (nominated person) as the licensee's substitute licensee.

Maximum penalty--200 penalty units.

(5) The application must be accompanied by--

(a) the nominated person's signed consent to the appointment; and
(b) enough information about the nominated person to enable the chief executive to decide whether the person is--
(i) a suitable person to hold a licence; and
(ii) sufficiently qualified to perform the employed licensee's activities during the period; and
(c) the fee prescribed under a regulation.

(6) In this section--

principal licensee includes--

(a) for a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000--the licensee's administrator; and
(b) for a deceased licensee--the licensee's personal representative.


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