Queensland Consolidated Regulations

PROPERTY AGENTS AND MOTOR DEALERS (COMMERCIAL AGENCY PRACTICE CODE OF CONDUCT) REGULATION 2001

TABLE OF PROVISIONS

           Contents
   1.      Short title
   2.      Commencement
   3.      Code of conduct
           SCHEDULE COMMERCIAL AGENCY PRACTICE CODE OF CONDUCT

           Part 1--Preliminary
           1. Title
           2. Object

   3.      Definitions
   4.      Compliance with code

           Part 2--General rules of conduct

   5.      Knowledge of Act and code
   6.      Fiduciary obligations
   7.      Honesty, fairness and professionalism
   8.      Skill, care and diligence
   9.      Agent to act in client's best interest
   10.     Agent to act in accordance with client's instructions
   11.     Agent to keep client informed of developments
   12.     Agent to ensure employees comply with Act and code
   13.     Representations by employees
   14.     Fraudulent or misleading conduct
   15.     High pressure tactics, harassment or unconscionable conduct
   16.     Claiming membership or endorsement
   17.     Conflict of duty or interest
   18.     Soliciting through false or misleading advertisements or communications

           Part 3--Rules specific to commercial agents

           Division 1--General

   19.     Opportunity to obtain independent advice or representation
   20.     Finding out or verifying material facts
   21.     Disclosure to customer
   22.     Misrepresentation to customer
   23.     Referral to service provider

           Division 2--Communication with customer

   24.     Communication
   25.     Communication with customer away from customer's workplace
   26.     Communication with customer at customer's workplace
   27.     Arrangements between agent and customer for repayment of a debt
   28.     Communication with customer when arrangement exists for repayment of a debt
   29.     Communication when legal processes exist
   30.     Communication if customer is insolvent under administration
   31.     Frequency of communication with customer
   32.     Communication with customer's representative
   33.     Communication with third party
   34.     Coercion

           Division 3--Use and disclosure of information

   35.     Confidentiality

           Part 4--Publicising code

   36.     Publicity about code

           Part 5--Complaint resolution

   37.     Principal licensee to have complaint handling procedure
   38.     Client to be notified of complaint and outcome
   39.     Compliance with complaint handling procedure
           Endnotes