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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Motor Dealers and Chattel
Auctioneers Bill 2010
Queensland
Motor Dealers and Chattel Auctioneers
Bill 2010
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Exemption--auctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Exemption--liquidators, controllers and receivers . . . . . . . . . . . . 15
6 Exemption--financial institutions and trustee companies . . . . . . 16
Division 2 Object
7 Main object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 3 Interpretation
8 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9 Meaning of beneficial interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
10 Meaning of in charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
11 Meaning of motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 2 Licensing
Division 1 Categories of licence
12 Categories of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2 Limited motor dealer licence
13 Limited motor dealer licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 3 How to obtain a licence
14 Steps involved in obtaining a licence . . . . . . . . . . . . . . . . . . . . . . 24
Division 4 Applications for licence
15 Application for licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
16 Applicant must state business address . . . . . . . . . . . . . . . . . . . . 25
17 Requirement to give information or material about application . . 26
Motor Dealers and Chattel Auctioneers Bill 2010
Contents
18 Applicant intending to carry on business to advise name of
auditor ........................................ 26
Division 5 Suitability of applicants and licensees
19 Suitability of applicants and licensees--individuals . . . . . . . . . . . 27
20 Suitability of applicants and licensees--corporations . . . . . . . . . 27
21 Chief executive must consider suitability of applicants and
licensees ..................................... 28
22 Public trustee is a suitable person . . . . . . . . . . . . . . . . . . . . . . . . 29
23 Chief executive of department is a suitable person . . . . . . . . . . . 30
24 Investigations about suitability of applicants and licensees . . . . . 30
25 Costs of criminal history report. . . . . . . . . . . . . . . . . . . . . . . . . . . 31
26 Confidentiality of criminal history . . . . . . . . . . . . . . . . . . . . . . . . . 32
27 Requirement to give chief executive information or material
about suitability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 6 Eligibility for licence
Subdivision 1 Motor dealer licence
28 Eligibility for motor dealer licence . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 2 Chattel auctioneer licence
29 Eligibility for chattel auctioneer licence. . . . . . . . . . . . . . . . . . . . . 34
Subdivision 3 Chief executives and corporation sole
30 Public trustee is eligible to obtain licences . . . . . . . . . . . . . . . . . . 35
31 Chief executive of department is eligible to obtain licences . . . . . 35
Division 7 Issue of licences
32 Chief executive may issue or refuse to issue licence . . . . . . . . . . 35
33 Licence--public trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
34 Licence--chief executive of department. . . . . . . . . . . . . . . . . . . . 37
35 Licence--conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 8 Restrictions on performing activities under licences
36 Restriction--corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
37 Restriction--individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
38 Restriction--conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 9 Renewal and restoration of licences
Subdivision 1 Renewal
39 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
40 Chief executive may renew or refuse to renew licence. . . . . . . . . 41
41 Licence taken to be in force while application for renewal is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
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Motor Dealers and Chattel Auctioneers Bill 2010
Contents
Subdivision 2 Restoration
42 Application for restoration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
43 Chief executive may restore or refuse to restore licence . . . . . . . 43
44 Licence taken to be in force while application for restoration is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 10 Dealings with licences
Subdivision 1 Transfer of licence
45 Transfer of licence prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 2 Substitute licences
46 Appointment of substitute licensee--principal
licensee--individual ............................. 45
47 Appointment of substitute licensee--employed licensee in
charge of a licensee's business at a place . . . . . . . . . . . . . . . . . . 47
48 Chief executive may appoint or refuse to appoint substitute
licensee ....................................... 48
49 Substitute licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
50 Limitation on period of substitution. . . . . . . . . . . . . . . . . . . . . . . . 50
Subdivision 3 General
51 Amendment of licence conditions. . . . . . . . . . . . . . . . . . . . . . . . . 51
52 Return of licence for amendment of conditions or when
suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
53 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
54 Licence may be deactivated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 11 Immediate suspension and cancellation of licences
55 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
56 Immediate cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 12 General provisions about licences
57 Form of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
58 Display of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
59 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
60 Replacement licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
61 Register of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
62 Licensees to notify chief executive of changes in circumstances. 58
Part 3 Motor dealers
Division 1 Motor dealers' authorisation and responsibilities
63 What a motor dealer licence authorises . . . . . . . . . . . . . . . . . . . . 59
64 Responsibility for acts and omissions of motor salespersons . . . 60
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Motor Dealers and Chattel Auctioneers Bill 2010
Contents
Division 2 Conduct provisions
Subdivision 1 Carrying on business
65 Carrying on of business under motor dealer licence . . . . . . . . . . 61
66 Licensee to be in charge of motor dealer's business at a place . . 61
67 Motor dealer dealing in motor vehicles. . . . . . . . . . . . . . . . . . . . . 62
Subdivision 2 Consignment selling
68 Appointment--sale on consignment. . . . . . . . . . . . . . . . . . . . . . . 63
69 Form of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
70 Proposal for assignment of appointments . . . . . . . . . . . . . . . . . . 65
71 Trade-ins. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Subdivision 3 Recovery of reward or expense
72 Commission may be claimed only for actual amounts . . . . . . . . . 66
73 Restriction on remedy for reward or expense. . . . . . . . . . . . . . . . 66
74 Excess commission etc. to be repaid . . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 4 Interests in motor vehicles
75 Definition for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
76 Beneficial interest--options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
77 Beneficial interest--other than options. . . . . . . . . . . . . . . . . . . . . 68
78 Return of beneficial interest if in form of commission. . . . . . . . . . 69
Subdivision 5 Code of conduct
79 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
80 Complaints about conduct and action chief executive may take . 70
Subdivision 6 Sales of used motor vehicles that are written-off vehicles
81 Notice to be given about used motor vehicle--written-off
vehicle ...................................... 70
Division 3 Sale of motor vehicles by motor dealer
82 Obligations of motor dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 4 Cooling-off period
83 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
84 Meaning of cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
85 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
86 Particular vehicles for sale on consignment to be identified as
not being subject to cooling-off period . . . . . . . . . . . . . . . . . . . . . 75
87 Notice to be given about used motor vehicle--no prior contract . 75
88 Option to purchase during cooling-off period . . . . . . . . . . . . . . . . 76
89 Buyer's rights if notice not given or materially defective . . . . . . . . 78
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Motor Dealers and Chattel Auctioneers Bill 2010
Contents
90 Contract must contain cooling-off clause . . . . . . . . . . . . . . . . . . . 78
91 Consideration for cooling-off period . . . . . . . . . . . . . . . . . . . . . . . 79
92 Consideration for option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
93 Harassment or coercion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
94 Property does not pass during cooling-off period. . . . . . . . . . . . . 81
95 Buyer may avoid contract during cooling-off period . . . . . . . . . . . 81
96 Procedure for avoidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
97 What happens when contract avoided . . . . . . . . . . . . . . . . . . . . . 82
98 Consideration for used motor vehicle during cooling-off period . . 82
Division 5 Statutory warranty
99 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
100 Meaning of defect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
101 Meaning of warranty period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
102 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
103 Unwarranted and restorable vehicles to be identified when
offered for sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
104 Waiver of statutory warranty for restorable vehicles . . . . . . . . . . . 86
105 Motor dealer to give proposed buyer notice about statutory
warranty ........................................ 86
106 Statutory warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
107 Defects not covered by statutory warranty . . . . . . . . . . . . . . . . . . 87
108 Buyer's obligations under statutory warranty . . . . . . . . . . . . . . . . 88
109 Warrantor to record particulars of extension of warranty period. . 89
110 Warrantor to advise whether defect covered by statutory
warranty ...................................... 89
111 Warrantor's obligation to repair defects . . . . . . . . . . . . . . . . . . . . 90
112 Warrantor's failure to repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
113 Applications for more than prescribed amount . . . . . . . . . . . . . . . 92
Division 6 General
114 Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
115 Motor dealer must notify chief executive of change in place of
business etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
116 Display and publication of licensee's name . . . . . . . . . . . . . . . . . 93
117 Principal licensee to keep employment register . . . . . . . . . . . . . . 94
118 Motor dealer to keep transactions register . . . . . . . . . . . . . . . . . . 95
119 Motor dealer to obtain statement from seller of vehicle . . . . . . . . 96
120 Motor dealer to give statement to buyer of vehicle . . . . . . . . . . . . 97
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Contents
121 Contract of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 7 Offences
122 Acting as motor dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
123 Pretending to be motor salesperson . . . . . . . . . . . . . . . . . . . . . . 98
124 Motor dealer must not act for more than 1 party . . . . . . . . . . . . . 99
125 Production of licence or registration certificate. . . . . . . . . . . . . . . 99
126 Employment of persons in motor dealer business . . . . . . . . . . . . 99
Part 4 Chattel auctioneers
Division 1 Chattel auctioneers' authorisation and responsibilities
127 What a chattel auctioneer licence authorises. . . . . . . . . . . . . . . . 100
128 Responsibility for acts and omissions of trainee chattel
auctioneers .................................. 101
Division 2 Conduct provisions
Subdivision 1 Carrying on business
129 Carrying on of business under chattel auctioneer licence . . . . . . 101
130 Licensee to be in charge of chattel auctioneer's business at
a place ....................................... 101
Subdivision 2 Appointment
131 Appointment of chattel auctioneer . . . . . . . . . . . . . . . . . . . . . . . . 102
132 Form of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
133 Proposal for assignment of appointments . . . . . . . . . . . . . . . . . . 105
Subdivision 3 Auctions of goods
134 Buyer's premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Subdivision 4 Recovery of reward or expense
135 Commission may be claimed only for actual amounts . . . . . . . . . 106
136 Restriction on remedy for reward or expense. . . . . . . . . . . . . . . . 107
137 Restriction on recovery of reward or expense above amount
allowed ........................................ 107
138 Excess commission etc. to be repaid . . . . . . . . . . . . . . . . . . . . . . 108
Subdivision 5 Interests in goods
139 Definition for sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
140 Beneficial interest--options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
141 Beneficial interest--other than options. . . . . . . . . . . . . . . . . . . . . 109
142 Return of beneficial interest if in form of commission. . . . . . . . . . 111
143 Non-application of s 141 for particular livestock sales . . . . . . . . . 111
Subdivision 6 Sales of livestock
144 Sales of livestock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
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145 Protection for chattel auctioneer. . . . . . . . . . . . . . . . . . . . . . . . . . 112
Subdivision 7 Code of conduct
146 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
147 Complaints about conduct and action chief executive may take . 113
Subdivision 8 Sales of written-off vehicles
148 Announcements before auction--written-off vehicle . . . . . . . . . . 114
Division 3 Sale of motor vehicles by auction
149 Obligations of chattel auctioneer . . . . . . . . . . . . . . . . . . . . . . . . . 114
Division 4 Statutory warranty
150 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
151 Meaning of defect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
152 Meaning of warranty period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
153 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
154 Unwarranted and restorable vehicles to be identified when
offered for sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
155 Bidders to register for auction of restorable vehicles . . . . . . . . . . 119
156 Announcements before auction . . . . . . . . . . . . . . . . . . . . . . . . . . 119
157 Effect of sale of restorable vehicle to registered bidder . . . . . . . . 120
158 Warrantor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
159 Chattel auctioneer to give buyer notice about statutory warranty. 121
160 Statutory warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
161 Defects not covered by statutory warranty . . . . . . . . . . . . . . . . . . 122
162 Buyer's obligations under statutory warranty . . . . . . . . . . . . . . . . 122
163 Warrantor to record particulars of extension of warranty period. . 123
164 Warrantor to advise whether defect covered by statutory
warranty ..................................... 124
165 Warrantor's obligation to repair defects . . . . . . . . . . . . . . . . . . . . 124
166 Warrantor's failure to repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
167 Applications for more than prescribed amount . . . . . . . . . . . . . . . 126
Division 5 General
168 Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
169 Chattel auctioneer must notify chief executive of change in
place of business etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
170 Display and publication of licensee's name . . . . . . . . . . . . . . . . . 128
171 Principal licensee must keep employment register . . . . . . . . . . . 129
172 Chattel auctioneer to obtain statement from seller of vehicle. . . . 130
173 Chattel auctioneer to give statement to buyer of vehicle . . . . . . . 130
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Division 6 Offences
174 Acting as chattel auctioneer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
175 Pretending to be trainee chattel auctioneer . . . . . . . . . . . . . . . . . 132
176 Chattel auctioneer must not act for more than 1 party . . . . . . . . . 132
177 Production of licence or registration certificate. . . . . . . . . . . . . . . 133
178 Employment of persons in chattel auctioneer's business . . . . . . . 133
Part 5 Employee registration
Division 1 Categories of registered employees
179 Categories of registered employees. . . . . . . . . . . . . . . . . . . . . . . 133
180 Limited motor salesperson registration certificate . . . . . . . . . . . . 134
Division 2 Registered employees' authorisation
181 What a registration certificate authorises . . . . . . . . . . . . . . . . . . . 134
Division 3 How to obtain registration
182 Steps involved in obtaining registration . . . . . . . . . . . . . . . . . . . . 135
Division 4 Applications for registration
183 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
184 Requirement to give chief executive information or material
about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Division 5 Suitability of applicants
185 Suitability of applicants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
186 Chief executive must consider suitability of applicants. . . . . . . . . 137
187 Investigations about suitability of applicants. . . . . . . . . . . . . . . . . 138
188 Costs of criminal history report. . . . . . . . . . . . . . . . . . . . . . . . . . . 139
189 Confidentiality of criminal history . . . . . . . . . . . . . . . . . . . . . . . . . 139
190 Requirement to give chief executive information or material
about suitability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Division 6 Eligibility for registration
191 Eligibility for registration as registered employee . . . . . . . . . . . . . 140
Division 7 Issue of registration certificate
192 Chief executive may issue or refuse to issue registration
certificate ...................................... 141
193 Registration certificate--conditions . . . . . . . . . . . . . . . . . . . . . . . 142
Division 8 Renewal and restoration of registration certificates
Subdivision 1 Renewal
194 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
195 Chief executive may renew or refuse to renew registration
certificate ...................................... 143
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196 Registration certificate taken to be in force while application
for renewal is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Subdivision 2 Restoration
197 Application for restoration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
198 Chief executive may restore or refuse to restore registration
certificate ........................................ 145
199 Registration certificate taken to be in force while application for
restoration is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Division 9 Dealings with registration certificates
Subdivision 1 Transfer of registration certificate
200 Transfer of registration certificate prohibited. . . . . . . . . . . . . . . . . 146
Subdivision 2 General
201 Amendment of registration certificate conditions . . . . . . . . . . . . . 146
202 Return of registration certificate for amendment of conditions . . . 148
203 Surrender of registration certificate . . . . . . . . . . . . . . . . . . . . . . . 148
Division 10 Immediate suspension and cancellation of registration
certificates
204 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
205 Immediate cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Division 11 General provisions about employee registration
206 Form of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
207 Term of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
208 Replacement certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
209 Register of registration certificates . . . . . . . . . . . . . . . . . . . . . . . . 151
210 Registered employees to notify chief executive of changes in
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Part 6 Trust accounts
211 Opening and maintaining trust accounts . . . . . . . . . . . . . . . . . . . 152
Part 7 Claims against the fund
Division 1 Preliminary
212 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Division 2 Who can claim
213 Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
214 Persons who can not claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Part 8 Jurisdiction of QCAT
Division 1 Preliminary
215 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
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216 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Division 2 Disciplinary proceedings
217 Grounds for starting disciplinary proceedings . . . . . . . . . . . . . . . 157
218 Starting disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 159
Division 3 Review proceedings
219 Person dissatisfied with chief executive's decision may seek
review ......................................... 159
220 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
221 QCAT may extend time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Division 4 Proceedings generally
Subdivision 1 QCAT's orders
222 Orders QCAT may make on disciplinary hearing . . . . . . . . . . . . . 160
223 Stopping contraventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Subdivision 2 Chief executive's right of appeal
224 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
Part 9 Injunctions and undertakings
Division 1 Injunctions
225 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
226 Who may apply for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
227 Grounds for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
228 Court's powers for injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
229 Terms of injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
230 Undertakings as to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Division 2 Undertakings
231 Chief executive may seek undertaking after contravention . . . . . 165
232 Undertaking about other matter . . . . . . . . . . . . . . . . . . . . . . . . . . 165
233 Variation and withdrawal of undertakings. . . . . . . . . . . . . . . . . . . 166
234 Enforcement of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
235 Register of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Part 10 General contraventions, evidentiary matters and legal
proceedings
Division 1 General contraventions
236 Wrongful conversion and false accounts . . . . . . . . . . . . . . . . . . . 168
237 False representations about property. . . . . . . . . . . . . . . . . . . . . . 169
238 Chief executive's power to ask for substantiation of
representations made by licensees or registered employees. . . . 169
239 False representations about mileage . . . . . . . . . . . . . . . . . . . . . . 170
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240 Tampering with odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
241 Offence to charge fee for providing documents etc. . . . . . . . . . . . 171
242 Offence to ask for, or receive, excess or improper remuneration . 171
243 Offence to lend or borrow licence. . . . . . . . . . . . . . . . . . . . . . . . . 172
244 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 173
245 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 173
Division 2 Evidentiary matters
246 Evidence of tampering by a motor dealer or chattel auctioneer . . 174
247 Continuing false representation--tampered with odometer . . . . . 174
248 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
249 Entries in licensee's documents . . . . . . . . . . . . . . . . . . . . . . . . . . 176
Division 3 Proceedings
250 Proceedings for an offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
251 Responsibility for acts or omissions of representatives . . . . . . . . 178
252 Executive officers must ensure corporation complies with Act. . . 179
253 Power of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
254 Allegations of false or misleading representations or statements
etc. ........................................... 180
Part 11 General
255 Public warning statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
256 Civil remedies not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
257 Criminal Proceeds Confiscation Act 2002 not limited. . . . . . . . . . 181
258 Delegation--chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
259 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
260 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
261 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Part 12 Transitional provisions
Division 1 Preliminary
262 Definitions for pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Division 2 Licences and registration certificates
263 Transitioned licences for existing licences . . . . . . . . . . . . . . . . . . 184
264 Transitioned registration certificates for existing registration
certificates ................................... 184
265 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
266 Restoration of expired existing licences . . . . . . . . . . . . . . . . . . . . 186
267 Restoration of expired existing registration certificates . . . . . . . . 187
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268 Previous refusals of applications . . . . . . . . . . . . . . . . . . . . . . . . . 187
269 Deactivated existing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
270 Suspended existing licences and existing registration certificates 188
Division 3 Miscellaneous provisions
271 Existing appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
272 Disciplinary action relating to pre-commencement conduct . . . . . 189
273 Continuation of reviews under repealed Act . . . . . . . . . . . . . . . . . 189
274 Injunctions relating to pre-commencement conduct . . . . . . . . . . . 190
275 Undertakings relating to pre-commencement conduct. . . . . . . . . 191
276 Proceedings for particular offences under repealed Act. . . . . . . . 192
277 Existing infringement notice offences . . . . . . . . . . . . . . . . . . . . . . 192
278 Existing delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
279 Existing registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
280 Existing fines and fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
281 Return of beneficial interest if in form of commission. . . . . . . . . . 194
Part 13 Minor and consequential amendments
282 Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . 194
Schedule 1 Decisions subject to review . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
Schedule 2 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Part 1 Amendments of this Act
Part 2 Other amendments
Criminal Organisation Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Duties Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Forestry Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Motor Vehicles and Boats Securities Act 1986. . . . . . . . . . . . . . . 197
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 198
Queensland Civil and Administrative Tribunal Act 2009 . . . . . . . . 198
Second-hand Dealers and Pawnbrokers Act 2003. . . . . . . . . . . . 199
Transport Operations (Road Use Management) Act 1995 . . . . . . 199
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
Page 12
2010
A Bill
for
An Act to comprehensively provide for the regulation of the
activities, licensing and conduct of motor dealers and chattel
auctioneers and their employees, to protect consumers against
particular undesirable practices, and to make minor and
consequential amendments of the Criminal Organisation Act
2009, the Duties Act 2001, the Forestry Act 1959, the Motor
Vehicles and Boats Securities Act 1986, the Police Powers and
Responsibilities Act 2000, the Queensland Civil and
Administrative Tribunal Act 2009, the Second-hand Dealers and
Pawnbrokers Act 2003 and the Transport Operations (Road Use
Management) Act 1995
Motor Dealers and Chattel Auctioneers Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Motor Dealers and Chattel 5
Auctioneers Act 2010. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
3 Act binds all persons 9
(1) This Act binds all persons, including the State, and, so far as 10
the legislative power of Parliament permits, the 11
Commonwealth and the other States. 12
(2) Nothing in this Act makes the State, the Commonwealth or 13
any other State liable to be prosecuted for an offence. 14
4 Exemption--auctions 15
Part 4 does not apply to-- 16
(a) a sale ordered by the sheriff, or a bailiff of the Supreme 17
Court, the District Court or a Magistrates Court, under 18
any process issued out of a court; or 19
(b) a sale made under a rule, order, or judgment of the 20
Supreme Court or District Court; or 21
(c) a sale made by a person obeying an order of, or a 22
process issued by, a court, judge or justice, or the 23
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Motor Dealers and Chattel Auctioneers Bill 2010
Part 1 Preliminary
[s 5]
registrar of the State Penalties Enforcement Registry for 1
the recovery of a fine, penalty, or award; or 2
(d) a sale of an animal lawfully impounded and sold under a 3
law about impounding; or 4
(e) a sale of goods distrained for rent or arrears of rent; or 5
(f) a sale by postal bids of stamps or coins; or 6
(g) a sale conducted for a charity, a religious denomination, 7
or an organisation formed for a community purpose, 8
within the meaning of the Collections Act 1966 (a 9
relevant entity) if-- 10
(i) the person conducting the sale does not receive 11
from the relevant entity a reward for the person's 12
services; and 13
(ii) amounts received from the sale are paid directly to 14
an officer or employee of the relevant entity who is 15
authorised by the relevant entity to receive and 16
deal with the amounts; or 17
(h) a sale conducted by or for Magic Millions Sales Pty 18
Limited ACN 078 396 317 as part of the event known as 19
the Gold Coast Horses in Training Sale if the sale is 20
conducted by a person approved by the chief executive 21
before the sale as a suitable person to conduct the sale; 22
or 23
(i) a sale of goods directly connected with a sale by way of 24
auction of a place of residence or land performed by a 25
property agent appointed under the Property Agents Act 26
2010, part 3, division 2, subdivision 2. 27
5 Exemption--liquidators, controllers and receivers 28
(1) This section applies to-- 29
(a) a person, appointed under the Corporations Act, as an 30
administrator of a corporation that is authorised under a 31
licence to perform an activity; or 32
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Part 1 Preliminary
[s 6]
(b) a person, appointed under the Corporations Act, as an 1
administrator of a deed of company arrangement for a 2
corporation that is authorised under a licence to perform 3
an activity; or 4
(c) a person, appointed under the Corporations Act, as a 5
liquidator, or controller of property, of a corporation 6
that is authorised under a licence to perform an activity; 7
or 8
(d) a person, appointed under the Administration Act, as a 9
receiver of an entity that is authorised under a licence to 10
perform an activity. 11
(2) The person is exempt from the following provisions while 12
performing the activity in relation to any business carried on 13
under a licence in accordance with the conditions applying to 14
the licence-- 15
· section 63, part 3, division 2, subdivision 1 and section 16
68 17
· section 114 18
· section 115 19
· section 116 20
· section 117 21
· section 127, part 4, division 2, subdivision 1, section 22
131 and part 4, division 5. 23
6 Exemption--financial institutions and trustee companies 24
(1) Part 3 does not apply to a financial institution or trustee 25
company. 26
(2) In this section-- 27
trustee company means-- 28
(a) a trustee company under the Trustee Companies Act 29
1968; or 30
(b) the public trustee when the public trustee is-- 31
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Motor Dealers and Chattel Auctioneers Bill 2010
Part 1 Preliminary
[s 7]
(i) performing the activities that may be performed by 1
a trustee company; or 2
(ii) exercising the powers that may be exercised by a 3
trustee company; or 4
(iii) holding an office that may be held by a trustee 5
company. 6
Division 2 Object 7
7 Main object 8
(1) The main object of this Act is to provide a system for 9
licensing and regulating persons as motor dealers and chattel 10
auctioneers, and for registering and regulating persons as 11
registered employees, that achieves an appropriate balance 12
between-- 13
(a) the need to regulate for the protection of consumers; and 14
(b) the need to promote freedom of enterprise in the market 15
place. 16
(2) The object is to be achieved mainly by-- 17
(a) ensuring-- 18
(i) only suitable persons with appropriate 19
qualifications are licensed or registered; and 20
(ii) persons who carry on business or are in charge of a 21
licensee's business at a place under the authority of 22
a motor dealer licence or chattel auctioneer licence 23
maintain close personal supervision of the way the 24
business is carried on; and 25
(b) providing-- 26
(i) protection for consumers in their dealings with 27
licensees and their employees; and 28
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Motor Dealers and Chattel Auctioneers Bill 2010
Part 1 Preliminary
[s 8]
(ii) a legislative framework within which persons 1
performing activities for licensees may lawfully 2
operate; and 3
(c) regulating fees and commissions that can be charged for 4
particular transactions; and 5
(d) promoting administrative efficiency by providing that-- 6
(i) responsibility for licensing rests with the chief 7
executive; and 8
(ii) responsibility for reviewing particular decisions of 9
the chief executive rests with QCAT; and 10
(iii) responsibility for disciplinary matters rests with 11
QCAT; and 12
(e) establishing a right for persons who suffer financial loss 13
because of their dealings with persons regulated under 14
this Act to apply for compensation from the fund; and 15
(f) providing increased flexibility in enforcement measures 16
through codes of conduct, injunctions and undertakings. 17
Division 3 Interpretation 18
8 Definitions 19
The dictionary in schedule 3 defines particular words used in 20
this Act. 21
9 Meaning of beneficial interest 22
(1) For this Act, other than section 32(6)(b)(i), a licensee is taken 23
to have a beneficial interest in property in each of the 24
following cases-- 25
Case 1 26
The purchase of the property is made for the licensee or an 27
associate of the licensee. 28
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Part 1 Preliminary
[s 9]
Case 2 1
An option to purchase the property is held by the licensee or 2
an associate of the licensee. 3
Case 3 4
The purchase of the property is made for a corporation 5
(having not more than 100 members) of which the licensee or 6
an associate of the licensee is a member. 7
Case 4 8
An option to purchase the property is held by a corporation 9
(having not more than 100 members) of which the licensee or 10
an associate of the licensee is a member. 11
Case 5 12
The purchase of the property is made for a corporation of 13
which the licensee or an associate of the licensee is an 14
executive officer. 15
Case 6 16
An option to purchase the property is held by a corporation of 17
which the licensee or an associate of the licensee is an 18
executive officer. 19
Case 7 20
If the licensee is a corporation, the purchase of the property is 21
made for an executive officer of the licensee or an associate of 22
the executive officer. 23
Case 8 24
If the licensee is a corporation, an option to purchase the 25
property is held by an executive officer of the licensee or an 26
associate of the executive officer. 27
Case 9 28
The purchase of the property is made for a member of a firm 29
or partnership of which the licensee or an associate of the 30
licensee is also a member. 31
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Motor Dealers and Chattel Auctioneers Bill 2010
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[s 9]
Case 10 1
The purchase of the property is made for a person carrying on 2
a business for profit or gain and the licensee or an associate of 3
the licensee has, directly or indirectly, a right to participate in 4
the income or profits of the person's business or the purchase 5
of the property. 6
(2) For this Act, other than section 32(6)(b)(i), a registered 7
employee of a licensee is taken to have a beneficial interest in 8
property in each of the following cases-- 9
Case 1 10
The purchase of the property is made for the registered 11
employee or an associate of the employee. 12
Case 2 13
The registered employee or an associate of the employee has 14
an option to purchase the property. 15
Case 3 16
The purchase of the property is made for a corporation 17
(having not more than 100 members) of which the registered 18
employee or an associate of the employee is a member. 19
Case 4 20
An option to purchase the property is held by a corporation 21
(having not more than 100 members) of which the registered 22
employee or an associate of the employee is a member. 23
Case 5 24
The purchase of the property is made for a corporation of 25
which the registered employee or an associate of the 26
employee is an executive officer. 27
Case 6 28
An option to purchase the property is held by a corporation of 29
which the registered employee or an associate of the 30
employee is an executive officer. 31
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Motor Dealers and Chattel Auctioneers Bill 2010
Part 1 Preliminary
[s 10]
Case 7 1
The purchase of the property is made for an executive officer 2
of a corporation of which the registered employee or an 3
associate of the registered employee is an executive officer. 4
Case 8 5
An option to purchase the property is held by an executive 6
officer of a corporation of which the registered employee or 7
an associate of the registered employee is an executive 8
officer. 9
Case 9 10
The purchase of the property is made for a member of a firm 11
or partnership of which the registered employee or an 12
associate of the employee is also a member. 13
Case 10 14
The purchase of the property is made for a person carrying on 15
a business for profit or gain and the registered employee or an 16
associate of the employee has, directly or indirectly, a right to 17
participate in the income or profits of the person's business or 18
the purchase of the property. 19
10 Meaning of in charge 20
(1) A person is in charge of a licensee's business at a place where 21
the licensee carries on business only if the person personally 22
supervises, manages or controls the conduct of the licensee's 23
business at the place. 24
(2) In this section-- 25
licensee's business means the licensee's business carried on 26
under the authority of the licensee's licence. 27
11 Meaning of motor vehicle 28
(1) A motor vehicle means-- 29
(a) a vehicle that moves on wheels and is propelled by a 30
motor that forms part of the vehicle, whether or not the 31
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Motor Dealers and Chattel Auctioneers Bill 2010
Part 1 Preliminary
[s 11]
vehicle is capable of being operated or used in a normal 1
way; or 2
(b) a caravan. 3
(2) However, a motor vehicle does not include any of the 4
following-- 5
(a) a hovercraft; 6
(b) a motorised golf buggy; 7
(c) a motorised scooter; 8
(d) a motorised wheelchair; 9
(e) a trailer, other than a caravan; 10
(f) a tractor or farm machinery; 11
(g) a vehicle designed for use exclusively in the mining 12
industry; 13
(h) a vehicle designed for use exclusively on a railway or 14
tramway. 15
(3) In this section-- 16
motorised golf buggy means a motorised golf buggy under the 17
Transport Operations (Road Use Management) Act 1995. 18
motorised scooter see the Transport Operations (Road Use 19
Management) Act 1995, schedule 4. 20
motorised wheelchair means a motorised wheelchair under 21
the Transport Operations (Road Use Management) Act 1995. 22
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Motor Dealers and Chattel Auctioneers Bill 2010
Part 2 Licensing
[s 12]
Part 2 Licensing 1
Division 1 Categories of licence 2
12 Categories of licence 3
The chief executive may issue the following categories of 4
licence under this Act-- 5
(a) a motor dealer licence; 6
(b) a chattel auctioneer licence. 7
Division 2 Limited motor dealer licence 8
13 Limited motor dealer licence 9
(1) The chief executive may issue a motor dealer licence (a 10
limited motor dealer licence) of a type prescribed under a 11
regulation, that authorises the performance of activities that 12
are more limited than the activities that may be performed 13
under an unconditional motor dealer licence. 14
(2) A regulation may prescribe-- 15
(a) the activities that may be performed under a limited 16
motor dealer licence; and 17
(b) the educational requirements for obtaining a limited 18
motor dealer licence. 19
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Motor Dealers and Chattel Auctioneers Bill 2010
Part 2 Licensing
[s 14]
Division 3 How to obtain a licence 1
14 Steps involved in obtaining a licence 2
(1) A person who wishes to obtain a licence must be a suitable 3
person to hold a licence under division 5. 4
(2) The person must apply for the licence by-- 5
(a) giving the chief executive an application showing, 6
among other things, the person is eligible to obtain the 7
licence; and 8
(b) paying-- 9
(i) the fees prescribed under a regulation; and 10
(ii) if, before or when the application is made, a 11
criminal history costs requirement is made of the 12
applicant--the amount of the costs required to be 13
paid; and 14
(c) giving the chief executive the other information 15
required under section 16 and, if the person is required 16
under section 211 to keep a trust account, section 18. 17
(3) In deciding the application, the chief executive must have 18
regard to, among other things-- 19
(a) the person's suitability to hold a licence under this Act; 20
and 21
(b) the person's eligibility to hold the licence. 22
Division 4 Applications for licence 23
15 Application for licence 24
(1) An applicant for a licence must-- 25
(a) apply to the chief executive in the approved form; and 26
(b) state the category of licence being applied for; and 27
(c) state the term of the licence being applied for; and 28
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Motor Dealers and Chattel Auctioneers Bill 2010
Part 2 Licensing
[s 16]
(d) establish the applicant's eligibility for the category of 1
licence being applied for; and 2
(e) state the names and addresses of the applicant's 3
business associates; and 4
(f) provide any information the chief executive reasonably 5
requires to decide whether the applicant is a suitable 6
person to hold a licence. 7
(2) The application must be accompanied by-- 8
(a) the application fee prescribed under a regulation; and 9
(b) the licence issue fee prescribed under a regulation; and 10
(c) if, before or when the application is made, a criminal 11
history costs requirement is made of the applicant--the 12
amount of the costs required to be paid. 13
16 Applicant must state business address 14
(1) The applicant must also state in the applicant's application-- 15
(a) if the applicant intends carrying on business under the 16
licence immediately after the issue of the licence--the 17
place or places in Queensland where the applicant 18
proposes to carry on business under the licence; or 19
(b) if the applicant does not intend carrying on business 20
under the licence immediately after the issue of the 21
licence-- 22
(i) the capacity in which the applicant intends 23
performing activities under the licence and the 24
address where the activities are to be performed 25
(business address); and 26
(ii) if the applicant intends to be a person in charge of 27
a licensee's business at a place of business--the 28
name of the person's employer and the address of 29
the place of business where the person is to be in 30
charge (also a business address). 31
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Motor Dealers and Chattel Auctioneers Bill 2010
Part 2 Licensing
[s 17]
Examples of capacity in which activities may be performed-- 1
· person in charge of a corporation's business 2
· licensed employee of a licensee 3
Example of business address of an employed licensee-- 4
· the address of the person's employer's place of business 5
where the person generally reports for work 6
(2) If the applicant intends to carry on business under the licence 7
at more than 1 place, the applicant must state in the 8
application the place the applicant intends to be the 9
applicant's principal place of business. 10
(3) A place of business or an address under this section must be a 11
place where a document can be served personally. 12
(4) A place of business or an address must not be a post office 13
box. 14
17 Requirement to give information or material about 15
application 16
(1) This section applies to an applicant for a licence. 17
(2) The chief executive may, by written notice given to the 18
applicant, require the applicant to give the chief executive 19
within a stated reasonable period information or material the 20
chief executive reasonably considers is needed to consider the 21
applicant's application for the licence. 22
(3) The applicant is taken to have withdrawn the application if, 23
within the stated reasonable period, the applicant fails to 24
comply with the chief executive's requirement. 25
18 Applicant intending to carry on business to advise name 26
of auditor 27
(1) If the applicant intends carrying on business under a licence 28
and is required under section 211 to keep a trust account, the 29
applicant must-- 30
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Part 2 Licensing
[s 19]
(a) state in the applicant's application the name and 1
business address of an auditor appointed by the 2
applicant to audit the trust account; and 3
Note-- 4
See the Administration Act, section 26 (Principal licensee must 5
appoint auditor). 6
(b) give the chief executive evidence that the auditor has 7
accepted the appointment as auditor. 8
(2) In this section-- 9
auditor see the Administration Act, section 25. 10
Division 5 Suitability of applicants and 11
licensees 12
19 Suitability of applicants and licensees--individuals 13
(1) An individual is not a suitable person to hold a licence if the 14
person is-- 15
(a) an insolvent under administration; or 16
(b) a person who has been convicted, in Queensland or 17
elsewhere, within the preceding 5 years of a serious 18
offence; or 19
(c) currently disqualified from holding a licence or 20
registration certificate; or 21
(d) a person the chief executive decides under section 21 is 22
not a suitable person to hold a licence. 23
(2) An individual who is not a suitable person can not hold a 24
licence. 25
20 Suitability of applicants and licensees--corporations 26
(1) A corporation is not a suitable person to hold a licence if an 27
executive officer of the corporation is-- 28
(a) an insolvent under administration; or 29
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[s 21]
(b) a person who has been convicted, in Queensland or 1
elsewhere, within the preceding 5 years of a serious 2
offence; or 3
(c) a person the chief executive decides under section 21 is 4
not a suitable person to hold a licence. 5
(2) A corporation that is not a suitable person can not hold a 6
licence. 7
21 Chief executive must consider suitability of applicants 8
and licensees 9
(1) The chief executive must, when deciding whether a person is 10
a suitable person to hold a licence, consider all of the 11
following things-- 12
(a) the character of the person; 13
(b) the character of the person's business associates; 14
(c) whether the person held a licence under a relevant Act 15
that was suspended or cancelled under the relevant Act; 16
(d) whether an amount has been paid from the fund because 17
the person did, or omitted to do, something that gave 18
rise to the claim against the fund; 19
(e) whether the person has been disqualified under a 20
relevant Act from being the holder of a licence within 21
the meaning of the relevant Act, or an executive officer 22
of a corporation; 23
(f) for an individual-- 24
(i) the person's criminal history; and 25
(ii) whether the person has been an insolvent under 26
administration; and 27
(iii) whether the person has been convicted of an 28
offence against a relevant Act or the 29
Administration Act; and 30
(iv) whether the person is capable of satisfactorily 31
performing the activities of a licensee; and 32
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[s 22]
(v) whether the person's name appears in the register 1
of disqualified company directors and other 2
officers under the Corporations Act; 3
Note-- 4
See the Corporations Act, section 1274AA (Register of 5
disqualified company directors and other officers). 6
(g) for a corporation-- 7
(i) whether the corporation has been placed in 8
receivership or liquidation; and 9
(ii) whether an executive officer of the corporation has 10
been an insolvent under administration; and 11
(iii) whether an executive officer of the corporation has 12
been convicted of an offence against a relevant Act 13
or the Administration Act; and 14
(iv) whether each executive officer of the corporation 15
is a suitable person to hold a licence; 16
(h) another thing the chief executive may consider under 17
this Act. 18
(2) If the chief executive decides a person is not a suitable person 19
to hold a licence, the chief executive must give the person an 20
information notice about the decision within 14 days after the 21
decision is made. 22
(3) In this section-- 23
fund includes the claim funds under the repealed Act and the 24
repealed Agents and Auctioneers Act 1971. 25
relevant Act means this Act, an Agents Act, the repealed Act 26
or a corresponding law. 27
22 Public trustee is a suitable person 28
The corporation sole called The Public Trustee of Queensland 29
is taken to be a suitable person to hold a licence. 30
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[s 23]
23 Chief executive of department is a suitable person 1
The chief executive of a department is taken to be a suitable 2
person to hold a licence. 3
24 Investigations about suitability of applicants and 4
licensees 5
(1) The chief executive may make investigations about the 6
following persons to help the chief executive decide whether 7
an applicant or licensee is a suitable person to hold a 8
licence-- 9
(a) the applicant or licensee; 10
(b) if the applicant or licensee intends carrying on, or 11
carries on, business in partnership or in conjunction with 12
others--each member of the partnership or each person 13
with whom the applicant or licensee intends carrying on, 14
or carries on, business in partnership or in conjunction; 15
(c) if the applicant or licensee is a corporation--the 16
corporation's executive officers; 17
(d) a business associate of the applicant or licensee. 18
(2) Without limiting subsection (1), the chief executive may ask 19
the commissioner of the police service for a report about the 20
criminal history of any of the persons. 21
(3) The commissioner must give the report to the chief executive. 22
(4) However, the report is required to contain only criminal 23
history in the commissioner's possession or to which the 24
commissioner has access. 25
(5) If the criminal history of the person includes a conviction 26
recorded against the person, the commissioner's report must 27
be written. 28
(6) In this section-- 29
applicant includes a nominated person mentioned in section 30
46(3) or 47(4). 31
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25 Costs of criminal history report 1
(1) The chief executive may require an applicant or licensee to 2
pay the reasonable, but no more than actual, costs of obtaining 3
a report under section 24 about-- 4
(a) the applicant or licensee; or 5
(b) if the applicant or licensee intends carrying on, or 6
carries on, business in partnership or in conjunction with 7
others--each member of the partnership or each person 8
with whom the applicant or licensee intends carrying on, 9
or carries on, business in partnership or in conjunction; 10
or 11
(c) if the applicant or licensee is a corporation--the 12
corporation's executive officers; or 13
(d) a business associate of the applicant or licensee; or 14
(e) if the applicant has made an application under section 15
46(3) or 47(4)--the person nominated by the applicant 16
under section 46(3) or 47(4). 17
(2) The requirement is a criminal history costs requirement. 18
(3) The requirement is sufficiently made of the applicant or 19
licensee if it is made generally of applicants of that type in the 20
relevant approved form or notified on the department's 21
website for applicants or licensees of that type. 22
(4) The chief executive must refund to an applicant an amount 23
paid under the requirement if-- 24
(a) the chief executive refuses the application without 25
asking for the report; or 26
(b) the applicant withdraws the application before the chief 27
executive asks for the report. 28
(5) In this section-- 29
applicant includes proposed applicant. 30
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[s 26]
26 Confidentiality of criminal history 1
(1) A public service employee performing functions under this 2
Act must not, directly or indirectly, disclose to anyone else a 3
report about a person's criminal history, or information 4
contained in the report, given under section 24. 5
Maximum penalty--100 penalty units. 6
(2) However, the person does not contravene subsection (1) if-- 7
(a) disclosure of the report or information to someone else 8
is authorised by the chief executive to the extent 9
necessary to perform a function under or for this Act; or 10
(b) the disclosure is otherwise required or permitted by law. 11
(3) The chief executive must destroy a written report about a 12
person's criminal history as soon as practicable after 13
considering the person's suitability to hold a licence. 14
27 Requirement to give chief executive information or 15
material about suitability 16
(1) This section applies to an applicant for the issue of a licence 17
or the renewal or restoration of a licence. 18
(2) The chief executive may, by written notice given to the 19
applicant, require the applicant to give the chief executive 20
within a stated reasonable period information or material the 21
chief executive reasonably considers is needed to establish the 22
applicant's suitability for the licence. 23
(3) The applicant is taken to have withdrawn the application if, 24
within the stated reasonable period, the applicant fails to 25
comply with the chief executive's requirement. 26
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[s 28]
Division 6 Eligibility for licence 1
Subdivision 1 Motor dealer licence 2
28 Eligibility for motor dealer licence 3
(1) An individual is eligible to obtain a motor dealer licence only 4
if the individual-- 5
(a) is at least 18 years; and 6
(b) has the educational or other qualifications for a motor 7
dealer licence prescribed under a regulation. 8
(2) An individual is to be taken to satisfy the requirement 9
mentioned in subsection (1)(b) if the chief executive is 10
satisfied the individual-- 11
(a) has a comparable qualification; or 12
(b) within 2 years before the day the individual's 13
application for a motor dealer licence is received by the 14
chief executive-- 15
(i) has been licensed as a motor dealer; or 16
(ii) has been the holder of a comparable licence under 17
the repealed Act. 18
(3) A corporation is eligible to obtain a motor dealer licence only 19
if-- 20
(a) a person in charge of the corporation's business is a 21
motor dealer; and 22
(b) each director of the corporation would be a suitable 23
person under division 5 if the director were an applicant 24
for a licence. 25
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[s 29]
Subdivision 2 Chattel auctioneer licence 1
29 Eligibility for chattel auctioneer licence 2
(1) An individual is eligible to obtain a chattel auctioneer licence 3
only if the individual-- 4
(a) is at least 18 years; and 5
(b) has the educational or other qualifications for a chattel 6
auctioneer licence prescribed under a regulation. 7
(2) An individual is to be taken to satisfy the requirement 8
mentioned in subsection (1)(b) if the chief executive is 9
satisfied the individual-- 10
(a) has a comparable qualification; or 11
(b) within 2 years before the day the individual's 12
application for a chattel auctioneer licence is received 13
by the chief executive-- 14
(i) has been licensed as a chattel auctioneer; or 15
(ii) has been the holder of a comparable licence under 16
the repealed Act. 17
(3) A corporation is eligible to obtain a chattel auctioneer licence 18
only if-- 19
(a) a person in charge of the corporation's business is a 20
chattel auctioneer; and 21
(b) each director of the corporation would be a suitable 22
person under division 5 if the director were an applicant 23
for a licence. 24
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[s 30]
Subdivision 3 Chief executives and corporation 1
sole 2
30 Public trustee is eligible to obtain licences 3
The public trustee as a corporation sole is taken to be eligible 4
to obtain a motor dealer licence or chattel auctioneer licence. 5
31 Chief executive of department is eligible to obtain 6
licences 7
The chief executive of a department is taken to be eligible to 8
obtain a motor dealer licence or chattel auctioneer licence. 9
Division 7 Issue of licences 10
32 Chief executive may issue or refuse to issue licence 11
(1) The chief executive may issue or refuse to issue a licence to 12
an applicant. 13
(2) The chief executive may issue a licence to an applicant only if 14
the chief executive is satisfied that-- 15
(a) the applicant is a suitable person to hold a licence and-- 16
(i) if the applicant intends carrying on business in 17
partnership or in conjunction with others--each 18
member of the partnership or each person with 19
whom the applicant intends carrying on business in 20
conjunction is a suitable person to hold a licence; 21
and 22
(ii) if the applicant is a corporation--each executive 23
officer of the corporation is a suitable person to 24
hold a licence; and 25
(b) the applicant is eligible to obtain a licence of the 26
category of licence being applied for; and 27
(c) the application is properly made. 28
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[s 33]
(3) For subsection (2)(c), an application is properly made only if 1
it complies with section 15 and is accompanied by the things 2
mentioned in that section. 3
(4) If the chief executive decides to refuse to issue the licence, the 4
chief executive must give the applicant an information notice 5
about the decision within 14 days after the decision is made. 6
(5) If the applicant's application for a licence is refused, the 7
applicant may not make another application for a licence-- 8
(a) for 3 months after the day the chief executive gives the 9
applicant the information notice under subsection (4); or 10
(b) if the applicant applies to QCAT to review the chief 11
executive's decision and the decision is confirmed, for 3 12
months after the day the decision is confirmed. 13
(6) Subsection (5) does not apply if-- 14
(a) the applicant is a corporation; and 15
(b) the applicant satisfies the chief executive that, because 16
of a genuine sale-- 17
(i) no person who was a shareholder of, or held a 18
beneficial interest in, the corporation when the 19
refused application was made is a shareholder of, 20
or holds a beneficial interest in, the applicant 21
corporation; and 22
(ii) no person who was in a position to control or 23
influence the affairs of the corporation when the 24
refused application was made is in a position to 25
control or influence the affairs of the applicant 26
corporation. 27
33 Licence--public trustee 28
(1) The chief executive may issue a licence to the public trustee in 29
the public trustee's capacity as a corporation sole in the name 30
`The Public Trustee of Queensland'. 31
(2) A licence issued to the public trustee authorises an officer or 32
employee of the public trustee to perform any activity 33
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[s 34]
authorised by the public trustee that the public trustee may 1
perform under the licence. 2
(3) To remove any doubt, it is declared that an officer or 3
employee performing an activity authorised by the public 4
trustee is not required to be licensed or registered under this 5
Act to perform the activity. 6
34 Licence--chief executive of department 7
(1) The chief executive may issue a licence to the chief executive 8
of a department in the name `The Chief Executive of the 9
(name of department)'. 10
(2) The licence is taken to be issued to the chief executive for the 11
time being of the department. 12
(3) The chief executive of a department, as licensee, is taken to 13
represent the State. 14
(4) A licence issued to the chief executive authorises an officer or 15
employee of the department of which the chief executive is 16
chief executive to perform any activity authorised by the chief 17
executive that the chief executive may perform under the 18
licence. 19
(5) To remove any doubt, it is declared that an officer or 20
employee performing an activity authorised by the chief 21
executive is not required to be licensed or registered under 22
this Act to perform the activity. 23
35 Licence--conditions 24
(1) The chief executive may issue a licence on the conditions the 25
chief executive considers necessary or desirable for the proper 26
performance of the activities authorised by the licence. 27
(2) Without limiting subsection (1), a condition may-- 28
(a) limit or prohibit the performance of an activity 29
authorised under this Act or the Administration Act; or 30
(b) require a licensee to hold insurance of a kind and in an 31
amount prescribed under a regulation. 32
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(3) If the chief executive decides to issue a licence on condition, 1
the chief executive must give the applicant an information 2
notice about the decision within 14 days after the decision is 3
made. 4
Division 8 Restrictions on performing 5
activities under licences 6
36 Restriction--corporations 7
(1) A corporation that holds a licence may perform an activity 8
under its licence at a place only if the activity may be 9
performed by-- 10
(a) a licensed person in charge of the corporation's business 11
at the place; or 12
(b) a liquidator or controller appointed under the 13
Corporations Act of property of the corporation; or 14
(c) an administrator of a corporation appointed under the 15
Corporations Act; or 16
(d) an administrator of a deed of company arrangement for 17
a corporation appointed under the Corporations Act; or 18
(e) a receiver, appointed under the Administration Act, for 19
property of the corporation. 20
(2) However, subsection (1) does not prevent a corporation that 21
holds a motor dealer licence selling or attempting to sell or 22
offering for sale or resale a used motor vehicle by way of 23
auction if the auction is conducted by a chattel auctioneer who 24
is an employed licensee of the corporation. 25
(3) If the corporation performs an activity it is not authorised to 26
perform, it is taken to be a person who acts as a licensee 27
without a licence for the performance of the activity. 28
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37 Restriction--individuals 1
(1) An individual who is an employed licensee may perform an 2
activity authorised under the individual's licence only if the 3
activity may also be performed by the individual's employer 4
under the employer's licence. 5
Example-- 6
E is a licensed employee of P, a licensed motor dealer. E's licence is not 7
subject to a condition. However, P's licence is subject to a condition that 8
P deal only in motorcycles. Because of the condition, E is only 9
authorised to deal in motorcycles under E's licence during E's 10
employment with P and while P is subject to the condition. 11
(2) However, subsection (1) does not prevent an individual who 12
holds a chattel auctioneer licence selling or attempting to sell 13
or offering for sale or resale any goods by way of auction for 14
the individual's licensed employer. 15
(3) If the employed licensee performs an activity the employed 16
licensee is not authorised to perform because of subsection 17
(1), the employed licensee is taken to be a person who acts as 18
a licensee without a licence for the performance of the 19
activity. 20
38 Restriction--conditions 21
(1) This section applies to a licensee who performs an activity 22
under the licensee's licence that the licensee is not authorised 23
to perform because of a condition on the licensee's licence. 24
(2) The licensee is taken to be a person who acts as a licensee 25
without a licence for the performance of the activity. 26
Note-- 27
For the consequences of a licensee performing an activity that the 28
licensee is not authorised to perform because of a condition on the 29
licensee's licence see sections 73 and 122, 136 and 174. 30
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[s 39]
Division 9 Renewal and restoration of licences 1
Subdivision 1 Renewal 2
39 Application for renewal 3
(1) A licensee may only apply for renewal of the licensee's 4
licence before the licence expires. 5
(2) The application must-- 6
(a) be made to the chief executive in the approved form; 7
and 8
(b) state the term of the licence being applied for; and 9
(c) state the names and addresses of the licensee's business 10
associates; and 11
(d) be accompanied by-- 12
(i) the application fee prescribed under a regulation; 13
and 14
(ii) the licence renewal fee prescribed under a 15
regulation; and 16
(iii) if the licensee is required as a condition of the 17
licensee's licence to hold insurance, proof of the 18
currency of the insurance; and 19
(iv) if, before or when the application is made, a 20
criminal history costs requirement is made of the 21
licensee--the amount of the costs required to be 22
paid. 23
(3) The application must also be accompanied by-- 24
(a) an audit report for all trust accounts kept by the licensee 25
during the relevant audit period; or 26
(b) a statutory declaration that the licensee did not operate a 27
trust account during the relevant audit period. 28
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[s 40]
(4) The licensee must also satisfy the chief executive that the 1
licensee has actively carried out the activities authorised 2
under the licence for a period, and within the period, 3
prescribed under a regulation. 4
(5) In this section-- 5
relevant audit period, for a licensee's licence, means the audit 6
period ending immediately before the licence's expiry date. 7
40 Chief executive may renew or refuse to renew licence 8
(1) The chief executive must consider the renewal application and 9
may renew or refuse to renew the licence. 10
(2) The chief executive may renew the licence only if the chief 11
executive is satisfied-- 12
(a) the licensee is a suitable person to hold a licence and-- 13
(i) if the licensee carries on business in partnership or 14
in conjunction with others--each member of the 15
partnership or each person with whom the licensee 16
carries on business in conjunction is a suitable 17
person to hold a licence; and 18
(ii) if the licensee is a corporation--each executive 19
officer of the corporation is a suitable person to 20
hold a licence; and 21
(b) the application is properly made; and 22
(c) the licensee has, as a principal licensee, a licensee in 23
charge of a corporation's business or an employed 24
licensee, actively carried out the activities authorised 25
under the licence for a period, and within the period, 26
prescribed under a regulation; and 27
(d) the licensee meets the eligibility requirements, other 28
than eligibility requirements of an educational nature, 29
for the licence. 30
(3) For subsection (2)(b), an application is properly made only if 31
it complies with section 39 and is accompanied by the things 32
mentioned in that section. 33
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Motor Dealers and Chattel Auctioneers Bill 2010
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[s 41]
(4) If the chief executive decides to refuse the application, the 1
chief executive must give the applicant an information notice 2
about the decision within 14 days after the decision is made. 3
41 Licence taken to be in force while application for renewal 4
is considered 5
If an application is made under section 39, the licensee's 6
licence is taken to continue in force from the day that it 7
would, apart from this section, have expired until the 8
licensee's application for renewal is-- 9
(a) decided under section 40; or 10
(b) withdrawn by the licensee; or 11
(c) taken to have been withdrawn under section 27(3). 12
Subdivision 2 Restoration 13
42 Application for restoration 14
(1) If a licensee's licence expires, the person (former licensee) 15
may apply for restoration of the licence. 16
(2) The application must-- 17
(a) be made within 3 months after the expiry; and 18
(b) be made to the chief executive in the approved form; 19
and 20
(c) state the term of the licence being applied for; and 21
(d) state the names and addresses of the former licensee's 22
business associates; and 23
(e) be accompanied by-- 24
(i) the application fee prescribed under a regulation; 25
and 26
(ii) the licence renewal fee prescribed under a 27
regulation; and 28
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Part 2 Licensing
[s 43]
(iii) the licence restoration fee prescribed under a 1
regulation; and 2
(iv) if the former licensee was required as a condition 3
of the former licensee's licence to hold insurance, 4
proof of the currency of the insurance; and 5
(v) if, before or when the application is made, a 6
criminal history costs requirement is made of the 7
former licensee--the amount of the costs required 8
to be paid. 9
(3) The application must also be accompanied by-- 10
(a) an audit report about all trust accounts maintained by 11
the former licensee during the relevant audit period; or 12
(b) a statutory declaration that the former licensee did not 13
operate a trust account during the relevant audit period. 14
(4) The former licensee must also satisfy the chief executive that 15
the former licensee has, as a licensee or salesperson, actively 16
carried out the activities authorised under the licence for a 17
period, and within the period, prescribed under a regulation. 18
(5) In this section-- 19
relevant audit period, for a former licensee's licence, means 20
the audit period ending immediately before the former 21
licence's expiry date. 22
43 Chief executive may restore or refuse to restore licence 23
(1) The chief executive must consider the restoration application 24
and may restore or refuse to restore the licence. 25
(2) The chief executive may restore the licence only if the chief 26
executive is satisfied-- 27
(a) the licensee is a suitable person to hold a licence and-- 28
(i) if the licensee carries on, or intends to carry on, 29
business in partnership or in conjunction with 30
others--each member of the partnership or each 31
person with whom the licensee carries on business 32
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Part 2 Licensing
[s 44]
in conjunction is a suitable person to hold a 1
licence; and 2
(ii) if the licensee is a corporation--each executive 3
officer of the corporation is a suitable person to 4
hold a licence; and 5
(b) the application is properly made; and 6
(c) the licensee has, as a principal licensee or employed 7
licensee, actively carried out the activities authorised 8
under the licence for a period, and within the period, 9
prescribed under a regulation; and 10
(d) the licensee meets the eligibility requirements, other 11
than eligibility requirements of an educational nature, 12
for the licence. 13
(3) For subsection (2)(b), an application is properly made only if 14
it complies with section 42 and is accompanied by the things 15
mentioned in that section. 16
(4) If the chief executive decides to refuse the application, the 17
chief executive must give the licensee an information notice 18
about the decision within 14 days after the decision is made. 19
(5) If the chief executive restores the licence-- 20
(a) the licence is taken to have been renewed on the day it 21
would, apart from section 44, have expired (the initial 22
expiry date); and 23
(b) to remove any doubt, a thing done during the period 24
starting on the initial expiry date and ending on the day 25
the licence is restored under this section is taken to have 26
been as validly done as it would have been if the licence 27
had been renewed immediately before the initial expiry 28
date. 29
44 Licence taken to be in force while application for 30
restoration is considered 31
If an application is made under section 42, the licensee's 32
licence is taken to continue in force from the day that it 33
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Part 2 Licensing
[s 45]
would, apart from this section, have expired until the 1
licensee's application for restoration is-- 2
(a) decided under section 43; or 3
(b) withdrawn by the licensee; or 4
(c) taken to have been withdrawn under section 27(3). 5
Division 10 Dealings with licences 6
Subdivision 1 Transfer of licence 7
45 Transfer of licence prohibited 8
A licence may not be transferred. 9
Subdivision 2 Substitute licences 10
46 Appointment of substitute licensee--principal 11
licensee--individual 12
(1) A principal licensee may appoint an adult as the licensee's 13
substitute licensee for a period of not more than 30 days only 14
if-- 15
(a) the licensee will be absent from the licensee's registered 16
office for the period; and 17
(b) the adult consents to the appointment; and 18
(c) if the licensee is required as a condition of the licensee's 19
licence to hold insurance, the adult is covered by the 20
insurance or holds insurance that complies with the 21
requirements of the condition. 22
(2) The principal licensee must ensure-- 23
(a) an appointment under subsection (1) and the substitute 24
licensee's consent to the appointment are in writing and 25
state the period of appointment; and 26
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Motor Dealers and Chattel Auctioneers Bill 2010
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[s 46]
(b) the appointment, consent and evidence of any insurance 1
the substitute licensee is required to have are-- 2
(i) kept at the licensee's registered office; and 3
(ii) made available for immediate inspection by an 4
inspector who asks to see them. 5
Maximum penalty--100 penalty units. 6
(3) A principal licensee who will be absent from the licensee's 7
registered office for a period of more than 30 days must apply 8
to the chief executive in the approved form for the 9
appointment or the extension of the appointment of an adult 10
(nominated person) as the licensee's substitute licensee. 11
Maximum penalty--200 penalty units. 12
(4) If the principal licensee is a person for whom an administrator 13
has been appointed under the Guardianship and 14
Administration Act 2000 or is deceased, the licensee's 15
representative may make the application under subsection (3). 16
(5) The application must be accompanied by-- 17
(a) the nominated person's signed consent to the 18
appointment; and 19
(b) enough information about the nominated person to 20
enable the chief executive to decide whether the 21
person-- 22
(i) is a suitable person to hold a licence; and 23
(ii) is sufficiently qualified to perform the licensee's 24
activities during the period; and 25
(iii) if the licensee is required as a condition of the 26
licensee's licence to hold insurance, is covered by 27
the insurance or holds insurance that complies with 28
the requirements of the condition; and 29
(c) the application fee prescribed under a regulation; and 30
(d) if, before or when the application is made, a criminal 31
history costs requirement is made of the principal 32
licensee--the amount of the costs required to be paid. 33
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Motor Dealers and Chattel Auctioneers Bill 2010
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[s 47]
(6) In this section-- 1
principal licensee means a principal licensee who is an 2
individual. 3
representative, of a principal licensee, means-- 4
(a) for a licensee for whom an administrator has been 5
appointed under the Guardianship and Administration 6
Act 2000--the licensee's administrator; or 7
(b) for a deceased licensee--the licensee's personal 8
representative. 9
47 Appointment of substitute licensee--employed licensee 10
in charge of a licensee's business at a place 11
(1) This section applies if an employed licensee who is in charge 12
of a licensee's business at a place will be absent from the 13
place for any reason, other than the employed licensee's 14
resignation or termination of employment. 15
(2) If the employed licensee will be absent from the place for a 16
period of not more than 30 days, the principal licensee who 17
employs the employed licensee may appoint an adult as the 18
employed licensee's substitute licensee for the period if the 19
adult consents to the appointment. 20
(3) The principal licensee must ensure an appointment under 21
subsection (2) and the person's consent to the appointment 22
are-- 23
(a) in writing and state the period of appointment; and 24
(b) kept at the licensee's registered office; and 25
(c) made available for immediate inspection by an inspector 26
who asks to see them. 27
Maximum penalty--100 penalty units. 28
(4) If the employed licensee will be absent from the place for a 29
period of more than 30 days, the principal licensee who 30
employs the employed licensee must apply to the chief 31
executive in the approved form for the appointment or the 32
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extension of the appointment of a person (nominated person) 1
as the licensee's substitute licensee. 2
Maximum penalty--200 penalty units. 3
(5) The application must be accompanied by-- 4
(a) the nominated person's signed consent to the 5
appointment; and 6
(b) enough information about the nominated person to 7
enable the chief executive to decide whether the person 8
is-- 9
(i) a suitable person to hold a licence; and 10
(ii) sufficiently qualified to perform the employed 11
licensee's activities during the period; and 12
(c) the application fee prescribed under a regulation; and 13
(d) if, before or when the application is made, a criminal 14
history costs requirement is made of the principal 15
licensee--the amount of the costs required to be paid. 16
(6) In this section-- 17
principal licensee includes-- 18
(a) for a licensee for whom an administrator has been 19
appointed under the Guardianship and Administration 20
Act 2000--the licensee's administrator; and 21
(b) for a deceased licensee--the licensee's personal 22
representative. 23
48 Chief executive may appoint or refuse to appoint 24
substitute licensee 25
(1) The chief executive may appoint or refuse to appoint a 26
nominated person mentioned in section 46(3) or 47(4) as a 27
licensee's substitute licensee. 28
(2) The chief executive may appoint the nominated person only if 29
the chief executive is satisfied that the person-- 30
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(a) is, under division 5, a suitable person to hold a licence; 1
and 2
(b) is sufficiently qualified to perform the licensee's 3
activities during the period of the licensee's absence; 4
and 5
(c) if the licensee is required as a condition of the licensee's 6
licence to hold insurance, is covered by the insurance or 7
holds insurance that complies with the requirements of 8
the condition. 9
(3) An appointment under this section may be made subject to the 10
conditions the chief executive considers appropriate. 11
(4) The chief executive must give written notice of the 12
appointment to the licensee and the substitute licensee. 13
(5) If the chief executive decides to refuse the application or to 14
impose conditions on the appointment, the chief executive 15
must give the licensee an information notice about the 16
decision within 14 days after the decision is made. 17
49 Substitute licensee 18
(1) On appointment, a substitute licensee-- 19
(a) must act as substitute for the licensee for whom the 20
substitute is appointed; and 21
(b) is taken to be the licensee during the period of 22
appointment. 23
(2) A licensee for whom a substitute has been appointed must not 24
act under the authority of the licensee's licence while the 25
appointment of the substitute licensee continues. 26
Maximum penalty--200 penalty units. 27
(3) The appointment of the substitute licensee ends if-- 28
(a) the period of appointment ends; or 29
(b) the principal licensee gives written notice to end the 30
appointment from a date stated in the notice-- 31
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(i) for a substitute licensee appointed under section 1
46(1) or 47(2)--to the substitute licensee; or 2
(ii) for a substitute licensee appointed under section 3
48--to the chief executive and the substitute 4
licensee; or 5
(c) the substitute licensee gives written notice to end the 6
appointment from a date stated in the notice-- 7
(i) for a substitute licensee appointed under section 8
46(1) or 47(2)--to the principal licensee making 9
the appointment; or 10
(ii) for a substitute licensee appointed under section 11
48--to the chief executive and the principal 12
licensee who applied for the appointment; or 13
(d) the chief executive revokes the substitute licensee's 14
appointment; or 15
(e) the licensee's licence is suspended or cancelled; or 16
(f) if the licensee is a principal licensee, the licensee stops 17
carrying on business as a licensee. 18
50 Limitation on period of substitution 19
(1) A principal licensee may not appoint a substitute licensee for 20
himself or herself for more than 12 weeks in any period of 12 21
months. 22
(2) A principal licensee may not appoint a substitute licensee for 23
an employed licensee for more than 12 weeks in any period of 24
12 months. 25
(3) The chief executive may not appoint a substitute licensee for 26
any licensee for more than 26 weeks in any period of 12 27
months. 28
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Subdivision 3 General 1
51 Amendment of licence conditions 2
(1) The chief executive may amend the conditions of a licence-- 3
(a) on the licensee's application; or 4
(b) on the order of QCAT after a disciplinary hearing; or 5
(c) on the chief executive's own initiative. 6
Note-- 7
QCAT may deal with the conditions of a person's licence under section 8
222. 9
(2) An application under subsection (1)(a) must be made in the 10
approved form and be accompanied by the application fee 11
prescribed under a regulation. 12
(3) Before making an amendment under subsection (1)(a), the 13
chief executive must be satisfied the licensee meets the 14
eligibility requirements the chief executive considers relevant 15
to the amendment of the condition. 16
(4) Before making an amendment under subsection (1)(c), the 17
chief executive must-- 18
(a) give written notice to the licensee-- 19
(i) of the particulars of the proposed amendment; and 20
(ii) that the licensee may make written submissions to 21
the chief executive about the proposed amendment 22
before a stated day, not later than 14 days after the 23
notice is given to the licensee; and 24
(b) have regard to submissions made to the chief executive 25
by the licensee before the stated day. 26
(5) Subsection (4) does not apply if the chief executive decides 27
that the amendment must be made urgently-- 28
(a) to avoid potential claims against the fund; or 29
(b) to ensure compliance with this Act or the 30
Administration Act. 31
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(6) If the chief executive decides to amend the conditions of a 1
licence under subsection (1)(c), the chief executive must give 2
the licensee an information notice about the decision within 3
14 days after the decision is made. 4
(7) The amendment takes effect-- 5
(a) on the day the written notice of the amendment is given 6
to the licensee; or 7
(b) if a later day is stated in the notice, on the stated day. 8
(8) If the chief executive decides to refuse to make an amendment 9
requested under subsection (1)(a), the chief executive must 10
give the applicant an information notice about the decision 11
within 14 days after the decision is made. 12
52 Return of licence for amendment of conditions or when 13
suspended or cancelled 14
(1) If the chief executive amends the conditions of a licence under 15
section 51, the chief executive may require the licensee to 16
produce the licence for amendment within a stated period of 17
not less than 14 days. 18
(2) The licensee must comply with the requirement unless the 19
person has a reasonable excuse. 20
Maximum penalty--100 penalty units. 21
(3) A person whose licence has been suspended or cancelled must 22
return the licence to the chief executive within 14 days after 23
the suspension or cancellation, unless the person has a 24
reasonable excuse. 25
Maximum penalty--100 penalty units. 26
53 Surrender of licence 27
(1) A licensee may surrender the licensee's licence by giving 28
written notice to the chief executive and returning the licence. 29
(2) A licence surrendered under this section stops having effect 30
on the day it is surrendered. 31
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54 Licence may be deactivated 1
(1) A licensee may ask the chief executive to deactivate the 2
licensee's licence. 3
(2) A request under subsection (1) must be made in the approved 4
form and be accompanied by the licensee's licence and the fee 5
prescribed under a regulation. 6
(3) The licence is taken to be deactivated when the request, the 7
licence and the prescribed fee are received by the chief 8
executive under subsection (2). 9
(4) A licence that is deactivated does not authorise the licensee to 10
perform an activity under the authority of the licence. 11
(5) The deactivation of a licence under this section does not-- 12
(a) affect the term of the licence; or 13
(b) entitle the licensee to a refund of fees for the licence for 14
the balance of the licence's term. 15
(6) The holder of a deactivated licence may apply to have the 16
licence renewed under section 39 or restored under section 42 17
as a deactivated licence at a reduced fee prescribed under a 18
regulation. 19
(7) A licensee may ask the chief executive to reactivate the 20
licence. 21
(8) However, if the licence has been deactivated for 5 years or 22
more, the licence may be reactivated only if the licensee 23
satisfies any educational or other requirements prescribed 24
under a regulation for the issue of the licence. 25
(9) A request under subsection (7) must be made in the approved 26
form and be accompanied by the fee prescribed under a 27
regulation. 28
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Division 11 Immediate suspension and 1
cancellation of licences 2
55 Immediate suspension 3
(1) This section applies if-- 4
(a) the chief executive reasonably considers that a 5
licensee's licence was obtained, or renewed or restored, 6
because of materially incorrect or misleading 7
information; or 8
(b) the chief executive reasonably considers that an 9
irregularity or deficiency exists in a licensee's trust 10
account; or 11
(c) the chief executive is satisfied a licensee who has been 12
convicted of failing to file an audit report as required 13
under the Administration Act, section 36, continues, 14
after the end of any appeal against the conviction, to fail 15
to file the audit report; or 16
(d) a receiver is appointed under the Administration Act, 17
section 45, over property-- 18
(i) held by a licensee; or 19
(ii) held by another person for a licensee; or 20
(iii) recoverable by a licensee; or 21
(e) the chief executive reasonably considers that a 22
licensee-- 23
(i) has contravened or is contravening this Act, the 24
Administration Act or an Agents Act; or 25
(ii) has contravened the repealed Act; or 26
(iii) is likely or proposing to engage in conduct that 27
would contravene this Act or the Administration 28
Act. 29
(2) The chief executive may, whether or not disciplinary 30
proceedings have been started under this Act-- 31
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(a) suspend the licensee's licence; or 1
(b) without limiting paragraph (a), for subsection (1)(b), 2
suspend a licence held by an employee of the licensee if 3
the chief executive considers, on reasonable grounds, 4
the employee is responsible in any way for the 5
irregularity or deficiency in the licensee's trust account. 6
(3) If the chief executive suspends a licence for a reason 7
mentioned in subsection (1)(a), (b), (d) or (e), the licence may 8
be suspended for the period, of not more than 28 days, and on 9
the conditions, the chief executive decides. 10
(4) If the chief executive suspends the licence for the reason 11
mentioned in subsection (1)(c), the licence is suspended until 12
whichever of the following happens first-- 13
(a) the licensee files the required audit report; 14
(b) an application to QCAT for the cancellation of the 15
licence is heard and decided. 16
(5) The chief executive must give the licensee an information 17
notice for the suspension within 14 days after suspending the 18
licensee's licence. 19
(6) The licensee must return the licence to the chief executive 20
within 14 days after the licensee receives the notice, unless 21
the person has a reasonable excuse. 22
Maximum penalty for subsection (6)--100 penalty units. 23
56 Immediate cancellation 24
(1) A licensee's licence is cancelled on the happening of any of 25
the following events-- 26
(a) the licensee is convicted of a serious offence; 27
(b) if the licensee is an individual, the licensee is an 28
insolvent under administration; 29
(c) if the licensee is a corporation, the licensee has been 30
wound up or struck off under the Corporations Act. 31
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(2) The licensee must return the licence to the chief executive 1
within 14 days after the happening of an event mentioned in 2
subsection (1), unless the licensee has a reasonable excuse. 3
Maximum penalty--100 penalty units. 4
Division 12 General provisions about licences 5
57 Form of licence 6
(1) A licence must be in the approved form. 7
(2) However, the chief executive may approve-- 8
(a) a form of licence for office display purposes; and 9
Example-- 10
a licence in the form of a certificate that may be framed and 11
displayed in an office 12
(b) a form of licence for personal identification purposes. 13
(3) The chief executive may also issue a form of licence for a 14
corporation endorsed with the categories of licence issued in 15
the corporation's name. 16
(4) The licence must contain the following particulars-- 17
(a) the name of the licensee; 18
(b) the date of issue of the licence; 19
(c) the expiry date of the licence; 20
(d) other particulars prescribed under a regulation. 21
58 Display of licence 22
A principal licensee must display the licensee's licence at the 23
licensee's principal place of business in the way prescribed 24
under a regulation. 25
Maximum penalty--100 penalty units. 26
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59 Term of licence 1
A licence may be issued for a 1 year or 3 year term. 2
60 Replacement licences 3
(1) A licensee may apply to the chief executive for the 4
replacement of a lost, stolen, destroyed or damaged licence. 5
(2) The application must be made in the approved form and be 6
accompanied by the fee prescribed under a regulation. 7
(3) The chief executive must grant the application if the chief 8
executive is satisfied the licence has been lost, stolen or 9
destroyed, or damaged in a way to require its replacement. 10
(4) If the chief executive grants the application, the chief 11
executive must issue another licence to the applicant to 12
replace the lost, stolen, destroyed or damaged licence. 13
61 Register of licences 14
(1) The chief executive must keep a register of licences and 15
applications for licences (licence register). 16
(2) The licence register must contain the following particulars-- 17
(a) for each applicant for a licence-- 18
(i) the applicant's name; and 19
(ii) if the applicant intends to carry on business under 20
the licence, the place where the applicant intends 21
to carry on business; and 22
(iii) the category of licence applied for; and 23
(iv) the date of the application; and 24
(v) the application number; 25
(b) for each licensee-- 26
(i) the licensee's name; and 27
(ii) the licensee's registered office; and 28
(iii) the category of the licensee's licence; and 29
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(iv) the dates of issue and expiry of the licensee's 1
current licence; and 2
(v) any conditions imposed on the licence; and 3
(vi) if the licensee is a corporation, the name of the 4
individual in charge of the licensee's business at 5
the licensee's registered office; and 6
(vii) if the licensee is a director of a licensed 7
corporation, the name of the licensed corporation; 8
and 9
(viii) if the licensee is an employee of another licensee, 10
the name of the licensee's employer; and 11
(ix) the licensee's licence number; and 12
(x) particulars of any surrender, suspension or 13
cancellation of the licensee's licence. 14
(3) A person may, on payment of the fee prescribed under a 15
regulation, inspect, or get a copy of details in, the part of the 16
register containing the particulars mentioned in subsection 17
(2)-- 18
(a) at a place or places decided by the chief executive; or 19
(b) by using a computer. 20
(4) A person may pay the fee, in advance or in arrears, under an 21
arrangement approved by the chief executive. 22
(5) The register may be kept in any way the chief executive 23
considers appropriate. 24
(6) In this section-- 25
contain includes record and store. 26
62 Licensees to notify chief executive of changes in 27
circumstances 28
(1) A licensee must give written notice to the chief executive of a 29
prescribed change in the licensee's circumstances within 14 30
days after the change. 31
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Part 3 Motor dealers
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Maximum penalty--100 penalty units. 1
(2) In this section-- 2
prescribed change means a change prescribed under a 3
regulation. 4
Part 3 Motor dealers 5
Division 1 Motor dealers' authorisation and 6
responsibilities 7
63 What a motor dealer licence authorises 8
(1) A motor dealer licence authorises the holder of the licence (a 9
motor dealer) to perform the following activities in the 10
carrying on of a business of motor dealing-- 11
(a) to acquire, primarily for resale, used motor vehicles; 12
(b) to sell used motor vehicles; 13
(c) to sell used motor vehicles on consignment as an agent 14
for others for reward; 15
(d) to sell a leased motor vehicle to the lessee under the 16
terms of the lease; 17
(e) to acquire used motor vehicles, whether or not as 18
complete units, to break up for sale as parts; 19
(f) to sell used motor vehicles mentioned in paragraph (e) 20
as parts; 21
(g) to negotiate, under a consultancy arrangement, for a 22
person who is not a motor dealer or chattel auctioneer 23
for the purchase or sale of a used motor vehicle for the 24
person. 25
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Part 3 Motor dealers
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(2) A motor dealer may perform the activities as an employee of 1
another motor dealer who carries on the business of motor 2
dealing. 3
(3) In this section-- 4
business of motor dealing does not include the business of a 5
financier. 6
consultancy arrangement, for the purchase or sale of a used 7
motor vehicle, means an arrangement under which a person 8
advises someone else-- 9
(a) where or from whom the other person can buy a used 10
motor vehicle; or 11
(b) where or to whom the other person can sell a used motor 12
vehicle. 13
64 Responsibility for acts and omissions of motor 14
salespersons 15
(1) A motor dealer who is a principal licensee must take 16
reasonable steps to ensure each motor salesperson employed 17
by the dealer is properly supervised and complies with this 18
Act. 19
(2) A motor dealer who is an employed licensee in charge of a 20
licensee's business at a place of business must take reasonable 21
steps to ensure each motor salesperson employed at the place 22
is properly supervised and complies with this Act. 23
(3) A motor dealer who fails to comply with subsection (1) or (2) 24
is liable to disciplinary action under part 8, division 2. 25
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Part 3 Motor dealers
[s 65]
Division 2 Conduct provisions 1
Subdivision 1 Carrying on business 2
65 Carrying on of business under motor dealer licence 3
An individual who carries on the business of a motor dealer 4
with others is not required to hold a motor dealer licence if-- 5
(a) at least 1 of the persons with whom the individual 6
carries on business is a motor dealer; and 7
(b) the individual does not perform the activities of a motor 8
dealer; and 9
(c) the individual is a suitable person to hold a licence. 10
66 Licensee to be in charge of motor dealer's business at a 11
place 12
(1) A motor dealer who is an individual and a principal licensee 13
must-- 14
(a) be in charge of the motor dealer's business at the 15
dealer's registered office; and 16
(b) if the motor dealer has more than 1 place of business, 17
ensure that at each other place of business a motor 18
dealer who is an individual is in charge of the dealer's 19
business at the place. 20
Maximum penalty--200 penalty units. 21
(2) A motor dealer that is a corporation and a principal licensee 22
(corporate dealer) must ensure that-- 23
(a) the individual in charge of the corporate dealer's 24
business at its registered office is a motor dealer; and 25
(b) if the corporate dealer has more than 1 place of business, 26
at each other place of business an individual who is a 27
motor dealer is in charge of the corporate dealer's 28
business at the place. 29
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Part 3 Motor dealers
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Maximum penalty-- 1
(a) for an individual guilty under chapter 2 of the Criminal 2
Code of an offence or for section 252--200 penalty 3
units; or 4
(b) for a corporation--1000 penalty units. 5
(3) An individual must not be in charge of a motor dealer's 6
business at more than 1 place. 7
Maximum penalty--200 penalty units. 8
(4) It is not an offence against this section for a motor dealer who 9
is an individual to be in charge of more than 1 place of 10
business if each place of business is on land contiguous to 11
land on which the other place of business is located. 12
(5) For subsection (4), land is contiguous with other land only if 13
the parcels of land have a common boundary that is not 14
separated by a public road. 15
67 Motor dealer dealing in motor vehicles 16
(1) A motor dealer who is performing an activity the motor dealer 17
is authorised under section 63(1) to perform in relation to a 18
used motor vehicle is taken to be performing the activities of a 19
motor dealer whether or not-- 20
(a) the motor dealer is the registered operator, as defined 21
under the Transport Operations (Road Use 22
Management) Act 1995, of the motor vehicle; or 23
(b) the motor dealer or the motor dealer's associate used the 24
motor vehicle for private purposes. 25
(2) The motor dealer must disclose to a potential buyer or seller 26
of a vehicle that the licensee is a licensed motor dealer. 27
Maximum penalty--400 penalty units. 28
(3) Also, if a person agrees to purchase a motor vehicle from, or 29
sell a motor vehicle to, the motor dealer, the person must sign 30
a written acknowledgement stating the motor dealer disclosed 31
to the person that the licensee is a licensed motor dealer. 32
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Part 3 Motor dealers
[s 68]
Subdivision 2 Consignment selling 1
68 Appointment--sale on consignment 2
(1) A motor dealer must not act as a motor dealer for a person 3
(client) to sell the client's motor vehicle on consignment 4
unless-- 5
(a) the client first appoints the motor dealer in writing under 6
this section; or 7
(b) a previous appointment is assigned to the motor dealer 8
under the terms of the appointment or under section 70 9
and the appointment is in force. 10
Maximum penalty--200 penalty units. 11
(2) The appointment may be for the performance of-- 12
(a) a particular service (single appointment); or 13
(b) a number of services over a period (continuing 14
appointment). 15
(3) The appointment must-- 16
(a) state the term of the appointment; and 17
(b) state the service to be performed by the motor dealer 18
and how it is to be performed; and 19
(c) state-- 20
(i) the fees, charges and any commission payable for 21
the service; and 22
(ii) the expenses, including advertising expenses and 23
the costs of preparing the vehicle for sale, the 24
motor dealer is authorised to incur in connection 25
with-- 26
(A) for a single appointment--the performance 27
of the service; or 28
(B) for a continuing appointment--the 29
performance of each service or category of 30
service; and 31
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[s 69]
(iii) the source and the estimated amount or value of 1
any rebate, discount, commission or benefit that 2
the motor dealer may receive for any expenses the 3
motor dealer is authorised to incur in connection 4
with the performance of the service; and 5
(iv) any condition, limitation or restriction on the 6
performance of the service; and 7
(d) state when the fees, charges and any commission for the 8
service become payable. 9
(4) A continuing appointment must state-- 10
(a) the date the appointment ends; and 11
(b) the appointment may be revoked on the giving of 90 12
days notice, or some lesser period (not less than 30 13
days) agreed by the parties. 14
(5) The notice revoking a continuing appointment must be by 15
signed writing given to the other party. 16
(6) The appointment must be signed and dated by the client and 17
the motor dealer or someone authorised or apparently 18
authorised to sign for the dealer. 19
(7) The motor dealer must give a copy of the signed appointment 20
to the client. 21
Maximum penalty--200 penalty units. 22
(8) If an appointment under this section authorises a sale by 23
auction, an appointment under section 131 is not required. 24
69 Form of appointment 25
(1) The appointment must be in the approved form. 26
(2) The approved form must include a prominent statement that 27
the client should seek independent legal advice before signing 28
the appointment. 29
(3) An appointment that does not comply with subsection (1) is 30
ineffective from the time it is made. 31
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70 Proposal for assignment of appointments 1
(1) This section applies if a motor dealer who holds appointments 2
from clients to sell motor vehicles on consignment under 3
section 68 proposes to assign the appointments to another 4
motor dealer (proposed assignee) without changing the terms 5
of the appointment. 6
(2) However, this section does not apply to the assignment of an 7
appointment if-- 8
(a) the terms of the appointment authorise the assignment 9
of the appointment; and 10
(b) the assignment is made under the terms of the 11
appointment. 12
(3) At least 14 days before the motor dealer assigns the 13
appointments, the motor dealer must give each client written 14
notice of the proposed assignment. 15
(4) The notice must state the following-- 16
(a) the proposed assignee's name; 17
(b) that the appointments are to be assigned without 18
changing the terms of the appointment; 19
(c) the client may agree or refuse to agree to the proposed 20
assignment; 21
(d) when the proposed assignment is to take effect. 22
(5) If the client agrees to the assignment and the motor dealer 23
assigns the appointment under this section, the appointment is 24
taken, for section 69, to be an appointment by the client of the 25
proposed assignee and to continue to have effect according to 26
its terms. 27
71 Trade-ins 28
(1) A motor dealer must not accept a trade-in from the buyer of a 29
motor vehicle being sold on consignment. 30
Maximum penalty--200 penalty units or 1 year's 31
imprisonment. 32
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Part 3 Motor dealers
[s 72]
(2) However, the motor dealer does not contravene subsection (1) 1
if the dealer purchases the motor vehicle offered as a trade-in 2
as part of a separate transaction between the dealer and the 3
buyer. 4
Subdivision 3 Recovery of reward or expense 5
72 Commission may be claimed only for actual amounts 6
(1) This section applies to a motor dealer who sells a motor 7
vehicle on consignment for the payment of a commission. 8
(2) The motor dealer must not claim commission worked out on 9
an amount that is more than the actual sale price of the 10
vehicle. 11
Maximum penalty--200 penalty units. 12
73 Restriction on remedy for reward or expense 13
(1) A person is not entitled to sue for, or recover or retain, a 14
reward or expense for a sale of a motor vehicle on 15
consignment unless, at the time the sale happened, the 16
person-- 17
(a) held a motor dealer licence; and 18
(b) was authorised under the person's licence to sell motor 19
vehicles on consignment; and 20
(c) had been properly appointed under subdivision 2 by the 21
person to be charged with the reward or expense. 22
(2) A person who sues for, or recovers or retains, a reward or 23
expense for a sale of a motor vehicle other than as provided by 24
subsection (1) commits an offence. 25
Maximum penalty for subsection (2)--200 penalty units. 26
74 Excess commission etc. to be repaid 27
(1) This section applies if-- 28
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Part 3 Motor dealers
[s 75]
(a) a person is convicted of an offence against section 72(2) 1
or 73(2); and 2
(b) the court convicting the person is satisfied on the 3
balance of probabilities that the person, in connection 4
with the offence, has recovered or retained from 5
someone (client) for whom the person performed an 6
activity an amount to which the person was not entitled. 7
(2) The court must order the person to pay the amount to the 8
client. 9
(3) The order must be made whether or not any penalty is 10
imposed on the conviction. 11
(4) The client may file the order in a court having jurisdiction for 12
the recovery of a debt of an equal amount and the order may 13
be enforced as if it were a judgment of that court. 14
Subdivision 4 Interests in motor vehicles 15
75 Definition for sdiv 4 16
In this subdivision-- 17
obtain includes being in any way concerned in obtaining. 18
76 Beneficial interest--options 19
(1) A motor dealer commits an offence if the dealer obtains from 20
the owner of a used motor vehicle, other than another motor 21
dealer, an option to purchase the vehicle in which the dealer 22
has a beneficial interest. 23
Maximum penalty--200 penalty units or 3 years 24
imprisonment. 25
(2) A motor salesperson commits an offence if the salesperson 26
obtains from the owner of a used motor vehicle, other than a 27
motor dealer, an option to purchase the vehicle in which the 28
salesperson has a beneficial interest. 29
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Maximum penalty--200 penalty units or 3 years 1
imprisonment. 2
(3) A motor dealer must not sell a motor vehicle if the motor 3
dealer has a beneficial interest in an option to purchase the 4
vehicle, other than an option to purchase given by another 5
motor dealer. 6
Maximum penalty--200 penalty units or 3 years 7
imprisonment. 8
77 Beneficial interest--other than options 9
(1) This section applies to a motor vehicle placed by a person 10
(client) with a motor dealer for sale on consignment, but does 11
not apply if section 76 applies. 12
(2) The motor dealer commits an offence if the motor dealer 13
obtains a beneficial interest in the vehicle. 14
Maximum penalty--200 penalty units or 3 years 15
imprisonment. 16
(3) A motor salesperson employed by the motor dealer commits 17
an offence if the salesperson obtains a beneficial interest in 18
the vehicle. 19
Maximum penalty--200 penalty units or 3 years 20
imprisonment. 21
(4) A person does not contravene subsection (2) or (3) if-- 22
(a) the person-- 23
(i) before a contract for the sale of the motor vehicle is 24
entered into, obtains the client's written 25
acknowledgment in the approved form that the 26
client-- 27
(A) is aware that the person is interested in 28
obtaining a beneficial interest in the motor 29
vehicle; and 30
(B) consents to the person obtaining the interest; 31
and 32
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(ii) acts fairly and honestly in relation to the sale; and 1
(b) no commission or other reward is payable for the sale; 2
and 3
(c) the client is in substantially as good a position as the 4
client would be if the motor vehicle were sold at fair 5
market value. 6
78 Return of beneficial interest if in form of commission 7
(1) This section applies if-- 8
(a) a person is convicted of an offence against section 77(2) 9
or (3); and 10
(b) the court convicting the person is satisfied on the 11
balance of probabilities that the person, in connection 12
with the offence, has recovered or retained from 13
someone (client) for whom the person performed an 14
activity an amount of commission to which the person 15
was not entitled. 16
(2) The court must order the person to pay the amount to the 17
client. 18
(3) The order must be made whether or not any penalty is 19
imposed on the conviction. 20
(4) The client may file the order in a court having jurisdiction for 21
the recovery of a debt of an equal amount and the order may 22
be enforced as if it were a judgment of that court. 23
Subdivision 5 Code of conduct 24
79 Code of conduct 25
A regulation may prescribe a code of conduct about motor 26
dealing practice that may include the following-- 27
(a) setting conduct standards for motor dealers, employed 28
licensees and motor salespersons; 29
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(b) establishing principles for fair trading; 1
(c) providing for a system of complaint resolution; 2
(d) providing that contraventions of some provisions of the 3
code are an offence. 4
80 Complaints about conduct and action chief executive 5
may take 6
(1) A person aggrieved by the conduct of a motor dealer or motor 7
salesperson may complain in writing to the chief executive 8
about the conduct. 9
(2) The chief executive may investigate the complaint and, if 10
satisfied that the code of conduct has been breached, take the 11
action in relation to the conduct allowed under this Act. 12
Note-- 13
Breach of a code of conduct may be an offence and is a ground for 14
starting disciplinary proceedings under section 217 (Grounds for 15
starting disciplinary proceedings). 16
(3) The investigation may take place and action may be taken 17
against a person who was a motor dealer or motor salesperson 18
even though the person complained about is no longer a motor 19
dealer or motor salesperson. 20
Subdivision 6 Sales of used motor vehicles that 21
are written-off vehicles 22
81 Notice to be given about used motor vehicle--written-off 23
vehicle 24
(1) This section applies if a used motor vehicle that is an 25
unregistered written-off vehicle is to be sold by a motor 26
dealer, other than by auction, to a prospective buyer (buyer). 27
(2) Before the motor dealer sells the vehicle to the buyer, the 28
motor dealer must tell the buyer that the vehicle is a 29
written-off vehicle and state-- 30
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(a) if the vehicle is a repairable write-off--that the vehicle 1
is a repairable write-off and must pass a written-off 2
vehicle inspection under a regulation under the 3
Transport Operations (Road Use Management) Act 4
1995 before it can be registered; or 5
(b) if the vehicle is a statutory write-off--that the vehicle 6
can not be registered. 7
Maximum penalty--200 penalty units. 8
(3) The motor dealer must also ask the buyer to sign an 9
acknowledgement, printed in type no smaller than 12 point, 10
that-- 11
(a) identifies the used motor vehicle as a written-off 12
vehicle; and 13
(b) states whether the vehicle is a repairable write-off or a 14
statutory write-off. 15
Maximum penalty--200 penalty units. 16
(4) The motor dealer must-- 17
(a) give the original of the acknowledgement to the buyer; 18
and 19
(b) keep a copy of the acknowledgement; and 20
(c) make a copy available for immediate inspection by an 21
inspector who asks to see it. 22
Maximum penalty--200 penalty units. 23
Division 3 Sale of motor vehicles by motor 24
dealer 25
82 Obligations of motor dealer 26
(1) This section applies if a used motor vehicle is to be sold by or 27
for a motor dealer (selling agent) to someone else (buyer), 28
other than by auction. 29
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Note-- 1
For a sale by auction, see section 149. 2
(2) The following person (the responsible motor dealer) must 3
ensure the buyer gains clear title to the motor vehicle at the 4
time property in the vehicle passes to the buyer-- 5
(a) if the selling agent owns the motor vehicle or is 6
appointed to sell the vehicle on consignment for 7
someone other than another motor dealer or chattel 8
auctioneer--the selling agent; 9
(b) if the selling agent is selling the motor vehicle for 10
another motor dealer or chattel auctioneer--the other 11
motor dealer or chattel auctioneer for whom the selling 12
agent is selling the vehicle. 13
Maximum penalty--200 penalty units. 14
(3) In a proceeding for an offence against subsection (2), it is a 15
defence for the defendant to prove that the defendant took all 16
reasonable steps to ensure subsection (2) was complied with. 17
(4) The selling agent must, immediately after property in the 18
vehicle passes to the buyer-- 19
(a) give the buyer an approved form stating-- 20
(i) particulars about the vehicle, including its 21
odometer reading at the time property passes; and 22
(ii) the responsible motor dealer guarantees the buyer 23
gains clear title to the vehicle at the time property 24
passes; and 25
(iii) any other particulars prescribed under a regulation; 26
and 27
(b) ask the buyer to sign an approved form acknowledging 28
receipt of the form mentioned in paragraph (a); and 29
(c) give the original of the form mentioned in paragraph (a) 30
to the buyer and keep a copy of the form. 31
Maximum penalty--200 penalty units. 32
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(5) A proceeding against a motor dealer or chattel auctioneer for 1
an offence against this section does not affect any civil 2
liability of any person, including the motor dealer or chattel 3
auctioneer, arising out of the same facts that constitute the 4
offence. 5
(6) Subsections (2) and (4)(a)(ii) do not apply to the extent that a 6
security interest in the motor vehicle is registered under the 7
Personal Property Securities Act 2009 (Cwlth). 8
(7) In this section-- 9
sold includes sold on consignment. 10
Division 4 Cooling-off period 11
83 Definitions for div 4 12
In this division-- 13
business day, for a motor dealer, means a day, other than a 14
Sunday or public holiday, when the motor dealer's place of 15
business is open for business. 16
cooling-off period see section 84. 17
non-refundable deposit see sections 91(1) and 92(1). 18
used motor vehicle does not include-- 19
(a) an unregistered motor vehicle-- 20
(i) that is incapable of being registered in Queensland 21
because of its design; or 22
(ii) intended to be used for wrecking or dismantling; or 23
(b) a commercial vehicle; or 24
(c) a caravan. 25
84 Meaning of cooling-off period 26
(1) The cooling-off period for the purchase of a used motor 27
vehicle from a motor dealer starts on the day a contract for the 28
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purchase of the vehicle is enforceable against the motor 1
dealer. 2
(2) The cooling-off period for the purchase of a used motor 3
vehicle ends-- 4
(a) if the motor dealer's actual close of business on the 5
motor dealer's next business day is 5p.m. or later--at 6
the time of the motor dealer's actual close of business 7
on that business day; or 8
Example 1-- 9
Assume the contract is entered into on Friday and is immediately 10
enforceable. Assume also the cooling-off period is not affected 11
by public holidays and that, on each day the motor dealer is open 12
for business, the motor dealer's actual close of business is not 13
before 5p.m. The cooling-off period ends at the time of the 14
motor dealer's actual close of business on the following 15
Saturday. 16
Example 2-- 17
Assume the contract is entered into on Friday afternoon, but is 18
conditional on a prior contract to purchase the vehicle not being 19
proceeded with by 5p.m. Saturday. Assume that the prior 20
contract is avoided at 4p.m. Saturday. Assume also the 21
cooling-off period is not affected by public holidays and that, on 22
each day the motor dealer is open for business, the motor 23
dealer's actual close of business is not before 5p.m. The 24
cooling-off period ends at the time of the motor dealer's actual 25
close of business on the following Monday. 26
(b) if the motor dealer's actual close of business on the 27
motor dealer's next business day is earlier than 28
5p.m.--at the time of the motor dealer's usual close of 29
business on the business day immediately following the 30
next business day; or 31
Example-- 32
Assume the contract is entered into on Tuesday and the motor 33
dealer closes for business on Wednesday at 1p.m. Assume also 34
the cooling-off period is not affected by public holidays and that 35
the contract is immediately enforceable. The cooling-off period 36
ends at the time of the motor dealer's usual close of business on 37
the following Thursday. 38
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(c) at any earlier time the person contracting for the 1
purchase of the vehicle (buyer) takes physical 2
possession of the vehicle for a purpose other than-- 3
(i) a vehicle inspection; or 4
(ii) a test drive. 5
85 Application of div 4 6
(1) This division applies to sales of used motor vehicles by motor 7
dealers. 8
(2) However, this division does not apply to any of the following 9
sales of used motor vehicles by a motor dealer-- 10
(a) a sale by auction; 11
(b) a sale on consignment, unless the owner of the vehicle is 12
a motor dealer or chattel auctioneer; 13
(c) a sale to another motor dealer. 14
86 Particular vehicles for sale on consignment to be 15
identified as not being subject to cooling-off period 16
(1) A motor dealer must not advertise or display for sale a motor 17
vehicle for sale on consignment unless it is advertised or 18
displayed for sale as a vehicle that is not subject to a 19
cooling-off period in the way provided under a regulation. 20
Maximum penalty--100 penalty units. 21
(2) Subsection (1) does not apply to a sale on consignment of a 22
motor vehicle owned by a motor dealer or chattel auctioneer. 23
87 Notice to be given about used motor vehicle--no prior 24
contract 25
(1) This section applies if a used motor vehicle is not subject to 26
any prior contract with a prospective buyer for its sale. 27
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(2) A motor dealer must give to the prospective buyer of the 1
vehicle a written statement in the approved form under this 2
section. 3
Maximum penalty--200 penalty units. 4
(3) The statement must include the following-- 5
(a) the motor vehicle, clearly identified, to which the 6
statement relates; 7
(b) the names and addresses of the motor dealer and 8
prospective buyer; 9
(c) a clear statement that the prospective buyer may avoid 10
any contract for the purchase of the vehicle from the 11
motor dealer during the cooling-off period; 12
(d) the day and time when the statement is given; 13
(e) the day and time the cooling-off period ends; 14
(f) the amount of non-refundable deposit forfeited by the 15
prospective buyer if the buyer avoids the contract. 16
(4) The statement must be signed and dated by the prospective 17
buyer and the motor dealer or someone authorised or 18
apparently authorised to sign for the motor dealer. 19
(5) The motor dealer or authorised person must give the original 20
of the statement to the prospective buyer immediately before 21
the buyer signs any contract for the purchase of the vehicle. 22
Maximum penalty--200 penalty units. 23
(6) The motor dealer must keep a copy of the statement and make 24
it available for immediate inspection by an inspector who asks 25
to see it. 26
Maximum penalty--100 penalty units. 27
88 Option to purchase during cooling-off period 28
(1) This section applies if a used motor vehicle is subject to a 29
prior contract with a prospective buyer that is not immediately 30
enforceable. 31
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(2) The motor dealer may give not more than 1 other person 1
(option holder) an option to purchase the vehicle even though 2
the vehicle is subject to a prior contract. 3
(3) If the motor dealer gives an option to purchase the motor 4
vehicle to someone else while an option to purchase is still 5
current, the dealer commits an offence. 6
Maximum penalty--100 penalty units. 7
(4) The motor dealer must give the option holder a written 8
statement in the approved form under this section. 9
Maximum penalty--200 penalty units. 10
(5) The statement must include the following-- 11
(a) the motor vehicle, clearly identified, to which the 12
statement relates; 13
(b) the names and addresses of the motor dealer and option 14
holder; 15
(c) the option to purchase is conditional on a prior contract 16
for the sale of the vehicle being avoided by the buyer 17
under the prior contract; 18
(d) the option holder has no legally enforceable rights under 19
the option to purchase the vehicle, unless the prior 20
contract is avoided; 21
(e) when the option holder may exercise the holder's rights 22
under the option; 23
(f) the day and time when the statement is given; 24
(g) the amount of non-refundable deposit forfeited by the 25
option holder if the holder declines to enter into a 26
contract for the purchase of the vehicle for any reason 27
other than because the prior contract was not avoided; 28
(h) any other thing prescribed under a regulation. 29
(6) The statement must be signed and dated by the option holder 30
and the motor dealer or someone authorised or apparently 31
authorised to sign for the motor dealer. 32
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(7) The motor dealer or authorised person must give the statement 1
to the option holder immediately before the option holder 2
signs the option to purchase the vehicle. 3
Maximum penalty--200 penalty units. 4
(8) The motor dealer must keep a copy of the statement and make 5
it available for immediate inspection by an inspector who asks 6
to see it. 7
Maximum penalty--100 penalty units. 8
89 Buyer's rights if notice not given or materially defective 9
(1) This section applies if a person (buyer) has purchased a used 10
motor vehicle and-- 11
(a) the buyer has not been given the statement under section 12
87; or 13
(b) the statement has been given to the buyer, but the 14
statement is defective in a material particular. 15
(2) The buyer, by written notice given to the motor dealer, may 16
avoid the contract for the sale of the used motor vehicle. 17
(3) The notice must be given to the motor dealer within 7 days 18
after the day property in the vehicle passes to the buyer. 19
(4) If the contract is avoided under this section, the motor 20
dealer-- 21
(a) must do everything in the motor dealer's power to return 22
the buyer to the position the buyer was in before the 23
vehicle was purchased; or 24
(b) if the buyer can not be returned to that position, is liable 25
for any financial loss suffered by the buyer because the 26
buyer can not be returned to that position. 27
90 Contract must contain cooling-off clause 28
(1) A contract for the sale of a used motor vehicle by a motor 29
dealer must contain a clause clearly headed `COOLING-OFF 30
PERIOD' stating the following-- 31
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(a) the day and time the cooling-off period starts; 1
(b) the day and time the cooling-off period ends; 2
(c) property in the motor vehicle does not pass to the buyer 3
until the end of the cooling-off period, unless the buyer 4
takes physical possession of the vehicle for a purpose 5
other than-- 6
(i) a vehicle inspection; or 7
(ii) a test drive; 8
(d) the buyer or the buyer's agent may possess the vehicle 9
during the cooling-off period, but only to have the 10
vehicle independently inspected or to test drive the 11
vehicle; 12
(e) the buyer may avoid the contract at any time during the 13
cooling-off period by giving written notice to that effect 14
to the dealer in accordance with this Act; 15
(f) the amount of any non-refundable deposit paid by the 16
buyer if the contract is avoided during the cooling-off 17
period; 18
(g) if the contract is avoided during the cooling-off period, 19
the motor dealer must return to the buyer-- 20
(i) any trade-in vehicle offered by the buyer that the 21
motor dealer has taken possession of; and 22
(ii) any deposit paid by the buyer, less the amount of 23
non-refundable deposit. 24
(2) If the contract does not comply with subsection (1), the buyer, 25
by written notice given to the motor dealer, may avoid the 26
contract for the sale of the used motor vehicle. 27
(3) The notice must be given to the motor dealer within 7 days 28
after the day property in the vehicle passes to the buyer. 29
91 Consideration for cooling-off period 30
(1) The consideration payable for the cooling-off period for the 31
purchase of a used motor vehicle (the non-refundable 32
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deposit) is the amount prescribed or worked out under a 1
regulation. 2
(2) The non-refundable deposit may be paid as the deposit or part 3
of the deposit for the vehicle. 4
(3) If the contract is not avoided during the cooling-off period, 5
the non-refundable deposit must be deducted from the 6
purchase price of the vehicle. 7
(4) If a deposit is paid for the vehicle-- 8
(a) if the amount of the deposit is more than the amount of 9
the non-refundable deposit--the deposit is taken to 10
include the non-refundable deposit; or 11
(b) if the amount of the deposit is equal to or less than the 12
amount of the non-refundable deposit--the deposit is 13
taken to be the non-refundable deposit. 14
(5) If no deposit is paid for the vehicle, the motor dealer is taken 15
to have waived the payment of the non-refundable deposit. 16
92 Consideration for option 17
(1) The consideration payable for an option for the purchase of a 18
used motor vehicle (also a non-refundable deposit) under 19
section 88 is the amount prescribed or worked out under a 20
regulation. 21
(2) If the option holder declines to enter into a contract for the 22
purchase of the vehicle for any reason other than because the 23
prior contract was not avoided, the amount of non-refundable 24
deposit is forfeited by the option holder. 25
(3) If the option holder enters into a contract for the purchase of 26
the vehicle, the amount of non-refundable deposit paid for the 27
option is taken to be the non-refundable deposit for the 28
cooling-off period. 29
(4) If no consideration is paid for the option-- 30
(a) the motor dealer is taken to have waived the payment of 31
the non-refundable deposit for the option; and 32
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(b) the option is enforceable by the option holder against 1
the motor dealer despite the absence of consideration. 2
93 Harassment or coercion 3
A motor dealer or other person must not harass or coerce a 4
person for the purpose of dissuading or preventing the person 5
from exercising a right conferred on the person by this 6
division. 7
Maximum penalty--200 penalty units or 2 years 8
imprisonment. 9
94 Property does not pass during cooling-off period 10
(1) Property in a used motor vehicle subject to a cooling-off 11
period does not pass to the buyer of the vehicle until the end 12
of the cooling-off period. 13
(2) Property in a motor vehicle offered to the motor dealer as a 14
trade-in does not pass to the dealer until the end of the 15
cooling-off period. 16
(3) A deposit, other than a non-refundable deposit, given to a 17
motor dealer by a buyer of a used motor vehicle from the 18
dealer remains the property of the buyer until the end of the 19
cooling-off period. 20
95 Buyer may avoid contract during cooling-off period 21
The buyer of a used motor vehicle may avoid the contract to 22
purchase the vehicle during the cooling-off period. 23
96 Procedure for avoidance 24
(1) A buyer of a used motor vehicle who wishes to avoid the 25
contract to purchase the vehicle must give the motor dealer or 26
a person apparently working for the motor dealer at the motor 27
dealer's place of business a written notice indicating that the 28
buyer terminates the contract. 29
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(2) The notice must be given before the cooling-off period ends. 1
(3) Subsection (1) does not limit the Acts Interpretation Act 1954, 2
part 10. 3
97 What happens when contract avoided 4
(1) Notice given under section 96 brings the contract, and any 5
related contract, to an end. 6
(2) If the motor dealer to whom notice is given has given an 7
option to purchase the motor vehicle to an option holder under 8
section 88, the motor dealer must immediately advise the 9
option holder that-- 10
(a) the prior contract has been avoided; and 11
(b) a contract to purchase the vehicle must be entered into 12
before the end of the motor dealer's next business day or 13
any non-refundable deposit is forfeited. 14
(3) In this section-- 15
related contract includes-- 16
(a) a contract about the provision of finance to purchase the 17
vehicle; and 18
(b) a contract of insurance for the vehicle. 19
98 Consideration for used motor vehicle during cooling-off 20
period 21
(1) A motor dealer may accept a trade-in or other consideration 22
from a buyer of a used motor vehicle before the end of the 23
cooling-off period. 24
(2) However, the motor dealer must not deal in the trade-in or 25
other consideration during the cooling-off period. 26
Maximum penalty--200 penalty units or 1 year's 27
imprisonment. 28
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(3) The motor dealer must return the trade-in or other 1
consideration immediately to the buyer, at no cost to the 2
buyer, if the buyer avoids the contract under section 96. 3
Maximum penalty--200 penalty units or 1 year's 4
imprisonment. 5
(4) Subsection (3) does not require the return to the buyer of any 6
non-refundable deposit paid as consideration for the 7
cooling-off period. 8
Division 5 Statutory warranty 9
99 Definitions for div 5 10
In this division-- 11
defect see section 100. 12
defect notice see section 108(1). 13
motor dealer, for the sale of used motor vehicles, includes a 14
person carrying on the business of a motor dealer without a 15
licence. 16
repair period see section 111(2). 17
statutory warranty means the warranty under section 106. 18
time of taking possession, of a vehicle, means when the buyer 19
of the vehicle takes possession of the vehicle under a contract 20
for its purchase from the motor dealer. 21
warrantor, of a warranted vehicle, means the motor dealer 22
who owns the vehicle immediately before the time of taking 23
possession. 24
warranty advice see section 110(2). 25
warranty period see section 101. 26
100 Meaning of defect 27
A warranted vehicle has a defect for this division if-- 28
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(a) a part of the vehicle does not perform its intended 1
function; or 2
(b) a part of the vehicle has deteriorated to an extent where 3
it can not reasonably be relied on to perform its intended 4
function. 5
101 Meaning of warranty period 6
(1) Subject to subsection (3), the warranty period of a class A 7
warranted vehicle starts at the time of taking possession and 8
ends when the first of the following happens or is reached-- 9
(a) the vehicle travels 5000km since the time of taking 10
possession; 11
(b) 5p.m. on-- 12
(i) the day 3 months after the time of taking 13
possession if that day-- 14
(A) is not a Sunday or public holiday; and 15
(B) the motor dealer's place of business is open 16
for business; or 17
(ii) the first day, after the day 3 months after the time 18
of taking possession, that-- 19
(A) is not a Sunday or public holiday; and 20
(B) the motor dealer's place of business is open 21
for business. 22
(2) Subject to subsection (3), the warranty period of a class B 23
warranted vehicle starts at the time of taking possession and 24
ends when the first of the following happens or is reached-- 25
(a) the vehicle travels 1000km since the time of taking 26
possession; 27
(b) 5p.m. on-- 28
(i) the day 1 month after the time of taking possession 29
if that day-- 30
(A) is not a Sunday or public holiday; and 31
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(B) the motor dealer's place of business is open 1
for business; or 2
(ii) the first day, after the day 1 month after the time of 3
taking possession, that-- 4
(A) is not a Sunday or public holiday; and 5
(B) the motor dealer's place of business is open 6
for business. 7
(3) The warranty period under subsection (1) or (2) is extended 8
by 1 day for each day or part of a day the warranted vehicle is 9
not in the possession of the buyer of the vehicle if-- 10
(a) the buyer has complied with section 108(1); and 11
(b) a defect in the vehicle is being repaired by, or at the 12
direction of, the warrantor of the vehicle under the 13
statutory warranty. 14
102 Application of div 5 15
(1) This division applies to each warranted vehicle sold by a 16
motor dealer as owner of the vehicle or on consignment for 17
another motor dealer or chattel auctioneer. 18
(2) This division does not apply to the sale of a motor vehicle by a 19
motor dealer-- 20
(a) to another motor dealer or a chattel auctioneer; or 21
(b) on consignment for a person who is not a motor dealer 22
or chattel auctioneer. 23
103 Unwarranted and restorable vehicles to be identified 24
when offered for sale 25
(1) A motor dealer may advertise or display for sale an 26
unwarranted vehicle only if it is advertised or displayed for 27
sale, in the way provided under a regulation, as a vehicle that 28
does not have a statutory warranty. 29
Maximum penalty--100 penalty units. 30
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[s 104]
(2) Also, a motor dealer may advertise or display for sale a 1
restorable vehicle only if it is advertised or displayed for sale 2
in the way prescribed under a regulation. 3
Maximum penalty--100 penalty units. 4
(3) This section does not apply to an unwarranted vehicle that is a 5
caravan, a commercial vehicle or a motorcycle. 6
104 Waiver of statutory warranty for restorable vehicles 7
(1) A motor dealer must, before a proposed buyer enters into a 8
contract for the purchase of a restorable vehicle, give the 9
proposed buyer a written notice stating that the buyer may 10
waive the statutory warranty for the vehicle. 11
(2) If the proposed buyer agrees to purchase the vehicle, the 12
proposed buyer may waive the statutory warranty for the 13
vehicle by signing the notice before the proposed buyer enters 14
into a contract for the sale of the vehicle. 15
(3) The notice must clearly identify the vehicle to which it relates. 16
(4) On the signing of the notice, the proposed buyer is taken to 17
waive the statutory warranty for the vehicle when the contract 18
for its purchase is entered into. 19
105 Motor dealer to give proposed buyer notice about 20
statutory warranty 21
(1) A motor dealer must, before a contract for the purchase of a 22
warranted vehicle from the motor dealer is entered into, give 23
the proposed buyer of the vehicle a notice in the approved 24
form. 25
Maximum penalty--100 penalty units. 26
(2) A motor dealer must, before a contract for the purchase of an 27
unwarranted vehicle, or a restorable vehicle for which the 28
proposed buyer has signed a notice waiving the statutory 29
warranty under section 104, from the motor dealer is entered 30
into, give the proposed buyer of the vehicle notice in the 31
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approved form that the vehicle does not have a statutory 1
warranty. 2
Maximum penalty--100 penalty units. 3
(3) The proposed buyer must acknowledge receipt of a notice 4
given under subsection (1) or (2) by signing a copy of it. 5
106 Statutory warranty 6
(1) The warrantor of a warranted vehicle warrants that-- 7
(a) the vehicle is free from defects at the time of taking 8
possession and for the warranty period; and 9
(b) defects in the vehicle reported during the warranty 10
period will be repaired by the warrantor free of charge. 11
(2) In this section-- 12
defects does not include defects not covered by the statutory 13
warranty. 14
107 Defects not covered by statutory warranty 15
The following defects in a warranted vehicle are not covered 16
by the statutory warranty-- 17
(a) a defect in the vehicle's paintwork or upholstery that 18
should have been apparent on any reasonable inspection 19
of the vehicle before the time of taking possession; 20
(b) a defect after the time of taking possession-- 21
(i) arising from or incidental to any accidental damage 22
to the vehicle; or 23
(ii) arising from the buyer's misuse or negligence; or 24
(iii) in an accessory to the vehicle not fitted to the 25
vehicle when sold to the buyer; 26
(c) a defect in something else prescribed by regulation. 27
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108 Buyer's obligations under statutory warranty 1
(1) If the buyer of a warranted vehicle believes the vehicle has a 2
defect the warrantor of the vehicle is obliged to repair under 3
this division, the buyer must give the warrantor written notice 4
of the defect (defect notice) before the end of the warranty 5
period and-- 6
(a) if the warranted vehicle is 200km or less from the 7
warrantor's place of business when the defect notice is 8
given, deliver the vehicle to-- 9
(i) the warrantor to repair the defect; or 10
(ii) a qualified repairer nominated by the warrantor, by 11
signed writing given to the buyer of the vehicle, to 12
repair the defect; or 13
(b) if the warranted vehicle is more than 200km from the 14
warrantor's place of business when the defect notice is 15
given-- 16
(i) deliver the warranted vehicle to the qualified 17
repairer nominated by the warrantor by signed 18
writing given to the buyer of the vehicle and 19
nearest to the vehicle to repair the defect; or 20
(ii) deliver, at the warrantor's expense, the warranted 21
vehicle to another qualified repairer nominated by 22
the warrantor by signed writing given to the buyer 23
of the vehicle to repair the defect. 24
(2) The buyer is taken to deliver the vehicle and the warrantor is 25
taken to have possession of the vehicle if the buyer makes 26
reasonable efforts to deliver the vehicle under this section but 27
is unable to do so because the warrantor, or the qualified 28
repairer nominated by the warrantor, refuses to accept 29
delivery of the vehicle. 30
(3) The place of delivery under subsection (1)(a)(ii) must not be 31
more than 20km from the warrantor's place of business, 32
unless the warrantor and the buyer otherwise agree. 33
(4) In this section-- 34
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qualified repairer, for a warranted vehicle the subject of a 1
defect notice, means a person who is, or holds the 2
qualifications necessary to be appointed under the Transport 3
Operations (Road Use Management) Act 1995, section 21 to 4
be, an accredited person to perform vehicle safety inspections 5
for the vehicle. 6
warrantor includes someone apparently working for the 7
warrantor at the warrantor's place of business. 8
109 Warrantor to record particulars of extension of warranty 9
period 10
The warrantor must keep a record, in the way prescribed 11
under a regulation, of the day the warranted vehicle is 12
delivered to the warrantor or nominated qualified repairer 13
under section 108 and the day the vehicle is returned to the 14
buyer. 15
Maximum penalty--100 penalty units. 16
110 Warrantor to advise whether defect covered by statutory 17
warranty 18
(1) This section applies if a defect notice is given, and the vehicle 19
is delivered, under section 108. 20
(2) The warrantor must advise the buyer in writing (warranty 21
advice) whether the warrantor accepts or refuses to accept that 22
the defect is covered by the statutory warranty. 23
(3) If the warrantor fails to give the warranty advice within 5 24
business days after receiving the defect notice and delivery of 25
the vehicle, the warrantor is taken to have given a warranty 26
advice accepting that the defect is covered by the statutory 27
warranty. 28
(4) In this section-- 29
business day, for the giving of a warranty advice by a 30
warrantor, means a day, other than Sunday or a public 31
holiday, when the warrantor's place of business is open for 32
business. 33
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111 Warrantor's obligation to repair defects 1
(1) If the warrantor accepts that the defect is covered by the 2
statutory warranty, the warrantor must repair the defect at the 3
warrantor's expense. 4
(2) The warrantor must ensure that the defect is repaired within 5
14 days after the warrantor accepts that the defect is covered 6
by the statutory warranty (the repair period), unless the 7
warrantor has a reasonable excuse. 8
Maximum penalty--200 penalty units. 9
(3) If the warrantor nominates someone else to repair the vehicle, 10
the warrantor must advise the buyer of the other person's 11
name and the address where the defect is to be repaired. 12
(4) The warrantor is taken to have repaired the defect if the part of 13
the vehicle affected by the defect is repaired so that it can be 14
reasonably relied on to perform its intended function. 15
(5) The warrantor's obligation to repair the defect under this 16
section continues even though the warrantor is no longer 17
carrying on the business, or performing the activities, of a 18
motor dealer or chattel auctioneer. 19
112 Warrantor's failure to repair 20
(1) This section applies if the warrantor has by warranty advice or 21
otherwise-- 22
(a) refused to accept that the defect is covered by the 23
statutory warranty; or 24
(b) accepted that the defect is covered by the statutory 25
warranty but-- 26
(i) failed to repair a defect within the repair period; or 27
(ii) failed to repair the defect so that the defective part 28
can be reasonably relied on to perform its intended 29
function. 30
(2) The buyer may apply, as provided under the QCAT Act, to 31
QCAT for an order under this section. 32
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(3) Without limiting the orders QCAT may make under the 1
QCAT Act, section 13, QCAT may make the following 2
orders-- 3
(a) an order that the defect is or is not a defect covered by 4
the statutory warranty; 5
(b) an order extending the warranty period for the 6
warranted vehicle to a specified date; 7
(c) an order declaring the warranted vehicle is covered by 8
the statutory warranty until a specified date. 9
(4) Also, QCAT may make an order that the warrantor pay to the 10
buyer a stated amount QCAT decides is the reasonable cost of 11
having a defect repaired if-- 12
(a) the warrantor has, by warranty advice or otherwise, 13
refused to accept that the defect is covered by the 14
statutory warranty; and 15
(b) the buyer has had the defect repaired by another person; 16
and 17
(c) QCAT decides that the defect was one to which the 18
statutory warranty applied. 19
(5) QCAT may make an order under subsection (3)(b) or (c) only 20
if it is satisfied-- 21
(a) the vehicle was not able to be used by the buyer for a 22
period during the warranty period; and 23
(b) the period from which the order is to be effective to the 24
date the warranty period is to end, and the period during 25
which the vehicle was able to be used by the buyer, 26
taken together, are not more than-- 27
(i) for a class A warranted vehicle--3 months; or 28
(ii) for a class B warranted vehicle--1 month. 29
(6) If, after the matter is heard by QCAT, an order is made by 30
QCAT in the buyer's favour and the warrantor contravenes 31
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the order, the contravention is a ground for starting 1
disciplinary proceedings under section 217. 2
(7) Subsection (6) does not limit any right the buyer may have to 3
enforce the order. 4
113 Applications for more than prescribed amount 5
(1) This section applies if-- 6
(a) an application under section 112 may be made to 7
QCAT; and 8
(b) the application seeks the payment of an amount 9
(application amount) greater than the prescribed 10
amount. 11
(2) In a provision of this division about the application-- 12
(a) a reference to QCAT is taken to be a reference to a court 13
having jurisdiction for the recovery of a debt equal to 14
the application amount; and 15
(b) the provision applies with necessary changes as if 16
QCAT were the court. 17
(3) In this section-- 18
prescribed amount means the prescribed amount as defined 19
under the QCAT Act. 20
Division 6 General 21
114 Registered office 22
A motor dealer's registered office is-- 23
(a) for a motor dealer who is a principal licensee-- 24
(i) the place the dealer states in the dealer's 25
application for a motor dealer licence as the 26
dealer's principal place of business; or 27
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(ii) another place notified to the chief executive by the 1
motor dealer in the approved form as the dealer's 2
principal place of business; and 3
(b) for a motor dealer who is an employed licensee-- 4
(i) the place the dealer states in the dealer's 5
application for a motor dealer licence as the 6
dealer's business address; or 7
(ii) another place notified to the chief executive by the 8
dealer in the approved form as the dealer's 9
business address. 10
115 Motor dealer must notify chief executive of change in 11
place of business etc. 12
(1) A motor dealer who is a principal licensee must notify the 13
chief executive in the approved form of-- 14
(a) any change in the dealer's principal place of business 15
within 14 days after the change; and 16
(b) the closure of any place where the dealer carries on 17
business within 14 days after the closure; and 18
(c) the opening of any place where the dealer carries on 19
business within 14 days after the opening. 20
Maximum penalty--200 penalty units. 21
(2) A motor dealer who is an employed licensee must notify the 22
chief executive in the approved form of any change in the 23
motor dealer's business address within 14 days after the 24
change. 25
Maximum penalty--200 penalty units. 26
116 Display and publication of licensee's name 27
(1) A motor dealer who is a principal licensee must display at 28
each place the motor dealer carries on business, in the way 29
prescribed under a regulation-- 30
(a) the dealer's name; and 31
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(b) if the dealer is not the person in charge of the dealer's 1
business at the place, the name of the motor dealer who 2
is in charge at the place; and 3
(c) the other particulars prescribed under a regulation. 4
Maximum penalty--100 penalty units. 5
(2) A motor dealer must not publish in a newspaper or elsewhere 6
an advertisement for the dealer's business without stating in 7
the advertisement the particulars prescribed under a 8
regulation. 9
Maximum penalty--100 penalty units. 10
117 Principal licensee to keep employment register 11
(1) A motor dealer who is a principal licensee must keep a 12
register of employees (employment register) at each place 13
where the licensee carries on business. 14
Maximum penalty--200 penalty units. 15
(2) The motor dealer must enter, and keep entered, in the 16
employment register-- 17
(a) the name, and the other particulars prescribed under a 18
regulation, of each person (employee) who is employed 19
as an employed licensee or motor salesperson at the 20
place; and 21
(b) if the employee is a motor salesperson, the activities the 22
salesperson is authorised to perform for the dealer 23
during the salesperson's employment by the motor 24
dealer. 25
Maximum penalty--200 penalty units. 26
(3) The motor dealer must-- 27
(a) enter the particulars about each employee, and for each 28
motor salesperson, the activities the salesperson is 29
authorised to perform, immediately after the employee 30
is employed at the place; and 31
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(b) if there is a change in an employee's particulars or 1
activities, correct the entry in the way prescribed under a 2
regulation immediately after the change. 3
Maximum penalty--200 penalty units. 4
(4) The form of the register may be prescribed under a regulation. 5
118 Motor dealer to keep transactions register 6
(1) A motor dealer must keep, at each place the motor dealer 7
carries on business, a register of transactions (transactions 8
register). 9
Maximum penalty--200 penalty units or 1 year's 10
imprisonment. 11
(2) The motor dealer must enter, and keep entered, in the 12
transactions register the particulars prescribed under a 13
regulation for each transaction entered into in the course of 14
business within 24 hours after the transaction is completed. 15
Maximum penalty--200 penalty units or 1 year's 16
imprisonment. 17
(3) The form of the register may be prescribed under a regulation. 18
(4) If the register is kept in electronic form, the motor dealer is 19
taken to comply with subsection (1) if information in the 20
register can be accessed electronically and as hard copy from 21
the place of business. 22
(5) In this section-- 23
motor dealer-- 24
(a) means a motor dealer who is a principal licensee or a 25
person in charge of a licensee's business at a place; but 26
(b) does not include a motor dealer whose licence is 27
conditioned to allow the dealer to perform only the 28
activity of negotiating, under a consultancy 29
arrangement, for a person who is not a motor dealer or 30
chattel auctioneer for the purchase of a motor vehicle 31
for the person. 32
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transaction means any of the following-- 1
(a) a sale; 2
(b) a purchase; 3
(c) accepting a deposit; 4
(d) giving an option to purchase; 5
(e) accepting a trade-in; 6
(f) accepting a motor vehicle for sale on consignment; 7
(g) a transfer of a motor vehicle from 1 place of business to 8
another place of business. 9
119 Motor dealer to obtain statement from seller of vehicle 10
(1) A motor dealer must, when buying a motor vehicle or 11
accepting a motor vehicle for sale on consignment from a 12
person (seller) in the course of carrying on the motor dealer's 13
business, obtain from the seller a statement, signed by the 14
seller, stating the particulars about the seller and the vehicle 15
prescribed under a regulation. 16
Maximum penalty--200 penalty units. 17
(2) The motor dealer must-- 18
(a) keep a copy of the statement at the motor dealer's place 19
of business; and 20
(b) give a copy to the seller; and 21
(c) make a copy available for immediate inspection by an 22
inspector who asks to see it. 23
Maximum penalty--200 penalty units. 24
(3) This section does not apply if the seller is-- 25
(a) a financier of the business of the motor dealer; or 26
(b) another motor dealer or chattel auctioneer. 27
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120 Motor dealer to give statement to buyer of vehicle 1
(1) A motor dealer must, when selling a motor vehicle, including 2
when selling on consignment, to a person (buyer), give to the 3
buyer a statement, signed by the motor dealer, stating the 4
particulars about the vehicle's owner immediately before the 5
sale and the vehicle prescribed under a regulation. 6
Maximum penalty--200 penalty units. 7
(2) The motor dealer must-- 8
(a) keep a copy of the statement at the motor dealer's place 9
of business; and 10
(b) give a copy of the statement to the buyer immediately 11
after it is signed; and 12
(c) make a copy available for immediate inspection by an 13
inspector who asks to see it. 14
Maximum penalty--200 penalty units. 15
(3) Nothing in this section prevents the statement being contained 16
in the contract for sale of the vehicle. 17
121 Contract of sale 18
(1) A motor dealer must ensure that a contract for the sale of a 19
motor vehicle by the motor dealer-- 20
(a) is in writing; and 21
(b) contains the particulars prescribed under a regulation in 22
the way prescribed under the regulation. 23
Maximum penalty--200 penalty units. 24
(2) The motor dealer must-- 25
(a) give 1 copy of the contract to each other person signing 26
the contract immediately after it is signed; and 27
(b) make a copy available for immediate inspection by an 28
inspector who asks to see it. 29
Maximum penalty--200 penalty units. 30
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(3) A contract for the sale of a motor vehicle by a motor dealer 1
that is not in writing is not enforceable against the buyer of the 2
motor vehicle. 3
Division 7 Offences 4
122 Acting as motor dealer 5
(1) A person must not carry on the business of a motor dealer 6
unless-- 7
(a) the person holds a motor dealer licence; and 8
(b) the activities performed in the carrying on of business as 9
a motor dealer are authorised under the person's licence. 10
Maximum penalty--400 penalty units or 2 years 11
imprisonment. 12
(2) Without limiting the ways a person may carry on the business 13
of a motor dealer, a person carries on business as a motor 14
dealer if the person-- 15
(a) advertises or notifies or states that the person carries on 16
the business of motor dealing, either generally or for a 17
single transaction; or 18
(b) in any way holds out as being ready to carry on the 19
business of motor dealing, either generally or for a 20
single transaction. 21
(3) This section does not apply to a person who carries on a 22
business that is primarily concerned with the hiring out or 23
leasing of motor vehicles. 24
123 Pretending to be motor salesperson 25
(1) A person must not act as a motor salesperson unless the 26
person holds a registration certificate as a motor salesperson. 27
Maximum penalty--200 penalty units. 28
(2) In this section-- 29
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act as a motor salesperson, for a person, includes hold out 1
that the person is a motor salesperson. 2
124 Motor dealer must not act for more than 1 party 3
(1) A motor dealer must not act for more than 1 party to a 4
transaction. 5
Maximum penalty--200 penalty units. 6
(2) If the motor dealer acts for more than 1 party to a transaction, 7
an appointment to act for a party to the transaction is 8
ineffective from the time it is made. 9
125 Production of licence or registration certificate 10
(1) A motor dealer must, if asked by a person with whom the 11
dealer is dealing, produce the dealer licence for inspection by 12
the person. 13
Maximum penalty--100 penalty units. 14
(2) A motor salesperson must, if asked by a person with whom 15
the salesperson is dealing, produce the salesperson's 16
registration certificate for inspection by the person. 17
Maximum penalty--100 penalty units. 18
126 Employment of persons in motor dealer business 19
(1) A motor dealer must not employ, as a motor salesperson, a 20
person the motor dealer knows, or ought to know, does not 21
hold a registration certificate as a motor salesperson. 22
Maximum penalty--200 penalty units. 23
(2) A principal licensee who is an individual and carries on the 24
business of a motor dealer must not employ, as a registered 25
employee for the business, himself or herself or another 26
individual with whom the principal licensee carries on 27
business as a motor dealer. 28
Maximum penalty--200 penalty units. 29
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(3) A principal licensee that is a corporation and carries on 1
business as a motor dealer must not employ an executive 2
officer of the corporation as a motor salesperson for the 3
business. 4
Maximum penalty-- 5
(a) for an individual guilty under chapter 2 of the Criminal 6
Code of an offence or for section 252--200 penalty 7
units; or 8
(b) for a corporation--1000 penalty units. 9
Part 4 Chattel auctioneers 10
Division 1 Chattel auctioneers' authorisation 11
and responsibilities 12
127 What a chattel auctioneer licence authorises 13
(1) A chattel auctioneer licence authorises the holder of the 14
licence (a chattel auctioneer) to perform the activity of 15
selling or attempting to sell or offering for sale or resale any 16
goods by way of auction. 17
(2) A chattel auctioneer licence also authorises the chattel 18
auctioneer to sell the goods by any means during the auction 19
period. 20
(3) A chattel auctioneer may perform the activity-- 21
(a) in the carrying on of a business, either alone or with 22
others; or 23
(b) as an employee of-- 24
(i) a chattel auctioneer; or 25
(ii) a motor dealer. 26
(4) In this section-- 27
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auction period, for a chattel auctioneer for the sale of goods, 1
means a period for which the chattel auctioneer is appointed 2
under section 131 or otherwise authorised or permitted under 3
this or another Act to sell the goods. 4
128 Responsibility for acts and omissions of trainee chattel 5
auctioneers 6
(1) A chattel auctioneer must take reasonable steps to ensure each 7
trainee chattel auctioneer under the chattel auctioneer's 8
supervision and instruction is properly supervised and 9
instructed and complies with this Act. 10
(2) A chattel auctioneer who fails to comply with subsection (1) 11
is liable to disciplinary action under part 8, division 2. 12
Division 2 Conduct provisions 13
Subdivision 1 Carrying on business 14
129 Carrying on of business under chattel auctioneer licence 15
An individual who carries on the business of a chattel 16
auctioneer with others is not required to hold a chattel 17
auctioneer licence if-- 18
(a) at least 1 of the persons with whom the individual 19
carries on business is a chattel auctioneer; and 20
(b) the individual does not perform the activity of a chattel 21
auctioneer; and 22
(c) the individual is a suitable person to hold a licence. 23
130 Licensee to be in charge of chattel auctioneer's business 24
at a place 25
(1) A chattel auctioneer who is an individual and a principal 26
licensee must-- 27
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(a) be in charge of the chattel auctioneer's business at the 1
chattel auctioneer's registered office; and 2
(b) if the chattel auctioneer has more than 1 place of 3
business, ensure that at each other place of business an 4
individual who is a chattel auctioneer is in charge of the 5
chattel auctioneer's business at the place. 6
Maximum penalty--200 penalty units. 7
(2) A chattel auctioneer that is a corporation and a principal 8
licensee (corporate chattel auctioneer) must ensure that-- 9
(a) the individual in charge of the corporate chattel 10
auctioneer's business at its registered office is a chattel 11
auctioneer; and 12
(b) if the corporate chattel auctioneer has more than 1 place 13
of business, at each other place of business an individual 14
who is a chattel auctioneer is in charge of the corporate 15
chattel auctioneer's business at the place. 16
Maximum penalty-- 17
(a) for an individual guilty under chapter 2 of the Criminal 18
Code of an offence or for section 252--200 penalty 19
units; or 20
(b) for a corporation--1000 penalty units. 21
(3) An individual must not be in charge of a chattel auctioneer's 22
business at more than 1 place of business. 23
Maximum penalty--200 penalty units. 24
Subdivision 2 Appointment 25
131 Appointment of chattel auctioneer 26
(1) A chattel auctioneer who is asked by a person (client) to 27
perform an activity (service) for the client must not act for the 28
client unless-- 29
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(a) the client first appoints the chattel auctioneer in writing 1
under this section; or 2
(b) a previous appointment by the client is assigned to the 3
chattel auctioneer under the terms of the appointment or 4
under section 133 and the appointment is in force. 5
Maximum penalty--200 penalty units. 6
(2) The appointment may be for the performance of-- 7
(a) a particular service (single appointment); or 8
(b) a number of services over a period (continuing 9
appointment). 10
(3) The appointment must, for each service-- 11
(a) state the service to be performed by the chattel 12
auctioneer and how it is to be performed; and 13
(b) state the day set for the auction; and 14
(c) state, in the way prescribed under a regulation, that fees, 15
charges and commission payable for the service are 16
negotiable up to any amount prescribed under a 17
regulation; and 18
(d) state-- 19
(i) the fees, charges and any commission payable for 20
the service; and 21
(ii) the expenses, including advertising, marketing and 22
travelling expenses, the chattel auctioneer is 23
authorised to incur in connection with the 24
performance of each service or category of service; 25
and 26
(iii) the source and the estimated amount or value of 27
any rebate, discount, commission or benefit that 28
the chattel auctioneer may receive for any 29
expenses the chattel auctioneer is authorised to 30
incur in connection with the performance of the 31
service; and 32
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(iv) any condition, limitation or restriction on the 1
performance of the service; and 2
(e) state when the fees, charges and any commission for the 3
service become payable; and 4
(f) if the service to be performed is the sale of goods and 5
commission is payable for the service and expressed as 6
a percentage of an estimated sale price, state that the 7
commission is worked out only on the actual sale price. 8
(4) A continuing appointment must state-- 9
(a) the date the appointment ends; and 10
(b) that the appointment may be revoked on the giving of 90 11
days notice, or some lesser period (not less than 30 12
days) agreed by the parties. 13
(5) The notice revoking a continuing appointment must be by 14
signed writing given to the other party. 15
(6) The appointment must be signed and dated by the client and 16
the chattel auctioneer or someone authorised or apparently 17
authorised to sign for the chattel auctioneer. 18
(7) The chattel auctioneer must give a copy of the signed 19
appointment to the client. 20
Maximum penalty--200 penalty units. 21
(8) This section does not apply if the service to be performed is 22
the sale of livestock. 23
132 Form of appointment 24
(1) The appointment must be in the approved form. 25
(2) The approved form must include a prominent statement that 26
the client should seek independent legal advice before signing 27
the appointment. 28
(3) An appointment that does not comply with subsection (1) is 29
ineffective from the time it is made. 30
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133 Proposal for assignment of appointments 1
(1) This section applies if a chattel auctioneer who holds 2
appointments from clients to perform services for the clients 3
under section 131 proposes to assign the appointments to 4
another chattel auctioneer (proposed assignee) without 5
changing the terms of the appointment. 6
(2) However, this section does not apply to the assignment of an 7
appointment if-- 8
(a) the terms of the appointment authorise the assignment 9
of the appointment; and 10
(b) the assignment is made in compliance with the terms of 11
the appointment. 12
(3) At least 14 days before the chattel auctioneer assigns the 13
appointments, the chattel auctioneer must give each client 14
written notice of the proposed assignment. 15
(4) The notice must state the following-- 16
(a) the proposed assignee's name; 17
(b) that the appointments are to be assigned without 18
changing the terms of the appointment; 19
(c) the client may agree or refuse to agree to the proposed 20
assignment; 21
(d) when the proposed assignment is to take effect. 22
(5) If the client agrees to the assignment and the chattel 23
auctioneer assigns the appointment under this section, the 24
appointment is taken, for section 131, to be an appointment by 25
the client of the proposed assignee and to continue to have 26
effect according to its terms. 27
Subdivision 3 Auctions of goods 28
134 Buyer's premium 29
(1) This section applies to an auction of goods. 30
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(2) A chattel auctioneer must not charge the buyer of goods a 1
buyer's premium unless-- 2
(a) the chattel auctioneer-- 3
(i) before the auction, obtains the written consent of 4
the owner of the goods; and 5
(ii) discloses, in the way prescribed under a regulation, 6
that a buyer's premium is payable on the purchase 7
of the goods; and 8
(b) the premium is not more than the amount prescribed or 9
worked out under a regulation. 10
Maximum penalty--200 penalty units. 11
(3) The chattel auctioneer does not act for the buyer of the goods 12
only because the chattel auctioneer accepts a buyer's premium 13
from the buyer. 14
(4) In this section-- 15
buyer's premium means an amount, not more than an amount 16
prescribed or worked out under a regulation, payable to the 17
chattel auctioneer by a buyer on the purchase of goods. 18
owner, of goods, includes a person who is lawfully entitled to 19
sell the goods. 20
Subdivision 4 Recovery of reward or expense 21
135 Commission may be claimed only for actual amounts 22
(1) This section applies to a chattel auctioneer who performs, for 23
the payment of a commission, a service of selling goods. 24
(2) The chattel auctioneer must not claim commission worked out 25
on an amount more than the actual sale price of the goods. 26
Maximum penalty--200 penalty units. 27
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136 Restriction on remedy for reward or expense 1
(1) A person is not entitled to sue for, or recover or retain, a 2
reward or expense for the performance of an activity as a 3
chattel auctioneer unless, at the time the activity was 4
performed, the person-- 5
(a) held a chattel auctioneer licence; and 6
(b) was authorised under the person's licence to perform the 7
activity; and 8
(c) had been properly appointed under subdivision 2 by the 9
person to be charged with the reward or expense. 10
(2) A person who sues for, or recovers or retains, a reward or 11
expense for the performance of an activity as a chattel 12
auctioneer other than as provided by subsection (1) commits 13
an offence. 14
Maximum penalty for subsection (2)--200 penalty units. 15
137 Restriction on recovery of reward or expense above 16
amount allowed 17
(1) A person is not entitled to sue for, or recover or retain, a 18
reward for the performance of an activity as a chattel 19
auctioneer that is more than the amount of the reward stated in 20
the appointment given under section 131. 21
(2) However, if the reward for the performance of the activity is 22
limited under a regulation, the person is not entitled to sue for, 23
or recover or retain, a reward more than the amount allowed 24
under the regulation. 25
(3) A person is not entitled to sue for, or recover or retain, 26
expenses for the performance of an activity as a chattel 27
auctioneer that are more than the amount of the expenses 28
stated in the appointment given under section 131 and actually 29
expended. 30
(4) However, if the amount of expenses that may be incurred for 31
the performance of the activity is limited under a regulation, 32
the person is not entitled to sue for, or recover or retain, an 33
amount more than the amount allowed under the regulation. 34
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(5) Subsection (2) does not prevent the person suing for, 1
recovering or retaining, in addition to the amount allowed 2
under a regulation for the reward, an amount for GST payable 3
for a supply. 4
(6) A person who sues for, or recovers or retains, a reward or 5
expense for the performance of an activity as a chattel 6
auctioneer other than as provided by this section commits an 7
offence. 8
Maximum penalty for subsection (6)--200 penalty units. 9
138 Excess commission etc. to be repaid 10
(1) This section applies if-- 11
(a) a person is convicted of an offence against section 12
135(2),136(2) or 137(6); and 13
(b) the court convicting the person is satisfied on the 14
balance of probabilities that the person, in connection 15
with the offence, has recovered or retained from 16
someone (client) for whom the person performed an 17
activity an amount to which the person was not entitled. 18
(2) The court must order the person to pay the amount to the 19
client. 20
(3) The order must be made whether or not any penalty is 21
imposed on the conviction. 22
(4) The client may file the order in a court having jurisdiction for 23
the recovery of a debt of an equal amount and the order may 24
be enforced as if it were a judgment of that court. 25
Subdivision 5 Interests in goods 26
139 Definition for sdiv 5 27
In this subdivision-- 28
obtain includes being in any way concerned in obtaining. 29
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140 Beneficial interest--options 1
(1) This section applies to goods placed by a person (client) with 2
a chattel auctioneer for sale. 3
(2) The chattel auctioneer commits an offence if the chattel 4
auctioneer obtains from the client an option to purchase the 5
goods in which the chattel auctioneer has a beneficial interest. 6
Maximum penalty--200 penalty units or 3 years 7
imprisonment. 8
(3) A trainee chattel auctioneer employed by the chattel 9
auctioneer or under the supervision and instruction of the 10
chattel auctioneer commits an offence if the trainee obtains 11
from the client an option to purchase the goods in which the 12
trainee has a beneficial interest. 13
Maximum penalty--200 penalty units or 3 years 14
imprisonment. 15
(4) A chattel auctioneer must not sell goods if the chattel 16
auctioneer obtains a beneficial interest in an option to 17
purchase the goods. 18
Maximum penalty--200 penalty units or 3 years 19
imprisonment. 20
141 Beneficial interest--other than options 21
(1) This section applies to goods placed by a person (client) with 22
a chattel auctioneer for sale, but does not apply if section 140 23
applies. 24
(2) The chattel auctioneer commits an offence if the chattel 25
auctioneer obtains a beneficial interest in the goods. 26
Maximum penalty--200 penalty units or 3 years 27
imprisonment. 28
(3) A trainee chattel auctioneer employed by the chattel 29
auctioneer or under the supervision and instruction of the 30
chattel auctioneer commits an offence if the trainee obtains a 31
beneficial interest in the goods. 32
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Maximum penalty--200 penalty units or 3 years 1
imprisonment. 2
(4) A person does not contravene subsection (2) or (3) if-- 3
(a) the person-- 4
(i) before the earlier of the auction of the goods or a 5
contract for the sale of the goods is entered into, 6
obtains the client's written acknowledgement in 7
the approved form that the client-- 8
(A) is aware that the person is interested in 9
obtaining a beneficial interest in the goods; 10
and 11
(B) consents to the person obtaining the interest; 12
and 13
(ii) acts fairly and honestly in relation to the sale; and 14
(b) no commission or other reward is payable for the sale; 15
and 16
(c) the client is in substantially as good a position as the 17
client would be if the goods were sold for fair market 18
value. 19
(5) If the chattel auctioneer or trainee chattel auctioneer has not 20
obtained the acknowledgement mentioned in subsection 21
(4)(a)(i) and the chattel auctioneer or trainee knows, or ought 22
to know, an associate of the chattel auctioneer or trainee 23
intends bidding at the auction, the chattel auctioneer or trainee 24
must, immediately before the auction-- 25
(a) identify the associate to those present at the auction; and 26
(b) announce to those present that the person is an associate 27
of the chattel auctioneer or trainee and intends bidding 28
at the auction. 29
(6) If the chattel auctioneer or trainee chattel auctioneer complies 30
with subsection (5), the chattel auctioneer or trainee is taken 31
to have satisfied subsection (4)(a)(i). 32
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142 Return of beneficial interest if in form of commission 1
(1) This section applies if-- 2
(a) a person is convicted of an offence against section 3
141(2) or (3); and 4
(b) the court convicting the person is satisfied on the 5
balance of probabilities that the person, in connection 6
with the offence, has recovered or retained from 7
someone (client) for whom the person performed an 8
activity an amount of commission to which the person 9
was not entitled. 10
(2) The court must order the person to pay the amount to the 11
client. 12
(3) The order must be made whether or not any penalty is 13
imposed on the conviction. 14
(4) The client may file the order in a court having jurisdiction for 15
the recovery of a debt of an equal amount and the order may 16
be enforced as if it were a judgment of that court. 17
143 Non-application of s 141 for particular livestock sales 18
Section 141 does not apply to livestock sales if the chattel 19
auctioneer obtains the client's written acknowledgement that 20
the client-- 21
(a) is aware that the chattel auctioneer or trainee chattel 22
auctioneer is interested in obtaining a beneficial interest 23
in the livestock; and 24
(b) consents to the chattel auctioneer or trainee obtaining 25
the interest. 26
Subdivision 6 Sales of livestock 27
144 Sales of livestock 28
(1) This section applies to sales of livestock by a chattel 29
auctioneer. 30
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(2) The chattel auctioneer may pay over the proceeds from the 1
sale to the person (client) appointing the chattel auctioneer to 2
conduct the auction only if-- 3
(a) the chattel auctioneer-- 4
(i) has known the client for at least 1 year; and 5
(ii) considers the client is a person of good repute; and 6
(iii) has no reason to believe the client is not lawfully 7
entitled to sell the livestock; or 8
(b) the chattel auctioneer receives a certificate for the client 9
from a referee. 10
(3) A referee may give a certificate for the client only if the 11
referee-- 12
(a) has known the client for at least 1 year; and 13
(b) considers the client is a person of good repute; and 14
(c) has no reason to believe the client is not lawfully 15
entitled to sell the livestock. 16
(4) In this section-- 17
referee means a person whom the chattel auctioneer has 18
known for at least 1 year and considers is a person of good 19
repute. 20
145 Protection for chattel auctioneer 21
(1) This section applies if a court finds, in relation to livestock 22
sold by a chattel auctioneer, that the client was not lawfully 23
entitled to sell the livestock. 24
(2) A chattel auctioneer who, acting in good faith and without 25
negligence, complies with section 144 is not liable to the 26
owner of the livestock only because the chattel auctioneer 27
took possession or gave delivery of the livestock. 28
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Subdivision 7 Code of conduct 1
146 Code of conduct 2
A regulation may prescribe a code of conduct about chattel 3
auctioneering practice that may include the following-- 4
(a) setting conduct standards for chattel auctioneers, 5
employed licensees and trainee chattel auctioneers; 6
(b) establishing principles for fair trading; 7
(c) providing for a system of complaint resolution; 8
(d) providing that contraventions of some provisions of the 9
code are an offence. 10
147 Complaints about conduct and action chief executive 11
may take 12
(1) A person aggrieved by the conduct of a chattel auctioneer or 13
trainee chattel auctioneer may complain in writing to the chief 14
executive about the conduct. 15
(2) The chief executive may investigate the complaint and, if 16
satisfied that the code of conduct has been breached, take the 17
action in relation to the conduct allowed under this Act. 18
Note-- 19
Breach of the code of conduct may be an offence and is a ground for 20
starting disciplinary proceedings under section 217. 21
(3) The investigation may take place and action may be taken 22
against a person who was a chattel auctioneer or trainee 23
chattel auctioneer even though the person is no longer a 24
chattel auctioneer or trainee chattel auctioneer. 25
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Subdivision 8 Sales of written-off vehicles 1
148 Announcements before auction--written-off vehicle 2
(1) A chattel auctioneer must announce, immediately before the 3
auction of a motor vehicle that is an unregistered written-off 4
vehicle, that the vehicle is a written-off vehicle and state-- 5
(a) if the vehicle is a repairable write-off--that the vehicle 6
is a repairable write-off and must pass a written-off 7
vehicle inspection under a regulation under the 8
Transport Operations (Road Use Management) Act 9
1995 before it can be registered; or 10
(b) if the vehicle is a statutory write-off--that the vehicle 11
can not be registered. 12
Maximum penalty--100 penalty units. 13
(2) A chattel auctioneer does not contravene subsection (1) if-- 14
(a) 2 or more written-off vehicles that are repairable 15
write-offs are to be auctioned in consecutive lots; and 16
(b) immediately before the first vehicle is to be auctioned, 17
the chattel auctioneer-- 18
(i) identifies the vehicles; and 19
(ii) announces that the identified vehicles are 20
repairable write-offs and must pass a written-off 21
vehicle inspection under a regulation under the 22
Transport Operations (Road Use Management) 23
Act 1995 before they can be registered. 24
Division 3 Sale of motor vehicles by auction 25
149 Obligations of chattel auctioneer 26
(1) This section applies if a used motor vehicle is to be sold by a 27
chattel auctioneer (the selling agent) at auction to someone 28
else (the buyer). 29
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(2) The following person must ensure the buyer gains clear title to 1
the motor vehicle at the time property in the vehicle passes to 2
the buyer-- 3
(a) if the selling agent owns the vehicle or is auctioning the 4
vehicle for someone other than a motor dealer or 5
another chattel auctioneer--the selling agent; 6
(b) if the selling agent is auctioning the vehicle for a motor 7
dealer or another chattel auctioneer--the motor dealer 8
or other chattel auctioneer for whom the selling agent is 9
auctioning the vehicle. 10
Maximum penalty--200 penalty units. 11
(3) In a proceeding for an offence against subsection (2), it is a 12
defence for the defendant to prove that the defendant took all 13
reasonable steps to ensure subsection (2) was complied with. 14
(4) The selling agent must, immediately after property in the 15
vehicle passes to the buyer, give the buyer an approved form 16
stating-- 17
(a) particulars about the vehicle, including its odometer 18
reading at the time property passes; and 19
(b) the responsible licensee guarantees the buyer gains clear 20
title to the vehicle at the time property passes; and 21
(c) any other particulars prescribed under a regulation. 22
Maximum penalty--200 penalty units. 23
(5) The selling agent must ask the buyer to sign an approved form 24
acknowledging receipt of the form mentioned in subsection 25
(4). 26
(6) The selling agent must-- 27
(a) give the original of the form mentioned in subsection (4) 28
to the buyer; and 29
(b) keep a copy of the form; and 30
(c) make the copy available for immediate inspection by an 31
inspector who asks to see it. 32
Maximum penalty--200 penalty units. 33
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(7) A proceeding against a chattel auctioneer or motor dealer for 1
an offence against this section does not affect any civil 2
liability of any person, including the chattel auctioneer or 3
dealer, arising out of the same facts that constitute the offence. 4
(8) Subsections (2) and (4)(b) do not apply to the extent that a 5
security interest in the motor vehicle is registered under the 6
Personal Property Securities Act 2009 (Cwlth). 7
(9) In this section-- 8
responsible licensee means the licensee who, under 9
subsection (2), must ensure that the buyer of a motor vehicle 10
gains clear title to the vehicle. 11
Division 4 Statutory warranty 12
150 Definitions for div 4 13
In this division-- 14
chattel auctioneer includes a person performing the activities 15
of a chattel auctioneer without a licence. 16
defect see section 151. 17
defect notice see section 162(1). 18
repair period see section 165(2). 19
statutory warranty means the warranty under section 160. 20
time of taking possession, of a vehicle, means when the buyer 21
of the vehicle takes possession of the vehicle under a contract 22
for its purchase. 23
warrantor, of a warranted vehicle, see section 158. 24
warranty advice see section 164(2). 25
warranty period see section 152. 26
151 Meaning of defect 27
A warranted vehicle has a defect for this part if-- 28
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(a) a part of the vehicle does not perform its intended 1
function; or 2
(b) a part of the vehicle has deteriorated to an extent where 3
it can not be reasonably relied on to perform its intended 4
function. 5
152 Meaning of warranty period 6
(1) Subject to subsection (3), the warranty period of a class A 7
warranted vehicle starts at the time of taking possession and 8
ends when the first of the following happens or is reached-- 9
(a) the vehicle travels 5000km since the time of taking 10
possession; 11
(b) 5p.m. on-- 12
(i) the day 3 months after the time of taking 13
possession if that day-- 14
(A) is not a Sunday or public holiday; and 15
(B) the warrantor's place of business is open for 16
business; or 17
(ii) the first day, after the day 3 months after the time 18
of taking possession, that-- 19
(A) is not a Sunday or public holiday; and 20
(B) the warrantor's place of business is open for 21
business. 22
(2) Subject to subsection (3), the warranty period of a class B 23
warranted vehicle starts at the time of taking possession and 24
ends when the first of the following happens or is reached-- 25
(a) the vehicle travels 1000km since the time of taking 26
possession; 27
(b) 5p.m. on-- 28
(i) the day 1 month after the time of taking possession 29
if that day-- 30
(A) is not a Sunday or public holiday; and 31
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(B) the warrantor's place of business is open for 1
business; or 2
(ii) the first day, after the day 1 month after the time of 3
taking possession, that-- 4
(A) is not a Sunday or public holiday; and 5
(B) the warrantor's place of business is open for 6
business. 7
(3) The warranty period under subsection (1) or (2) is extended 8
by 1 day for each day or part of a day the warranted vehicle is 9
not in the possession of the buyer of the vehicle if-- 10
(a) the buyer has complied with section 162; and 11
(b) a defect in the vehicle is being repaired by, or at the 12
direction of, the warrantor of the vehicle under the 13
statutory warranty. 14
153 Application of div 4 15
(1) This division applies to each warranted vehicle sold by a 16
chattel auctioneer as owner of the vehicle or on consignment 17
for another chattel auctioneer or a motor dealer. 18
(2) This division, other than sections 154, 155 and 156, does not 19
apply to the sale of a motor vehicle by the chattel 20
auctioneer-- 21
(a) to another chattel auctioneer or a motor dealer; or 22
(b) on consignment for a person who is not a chattel 23
auctioneer or motor dealer. 24
154 Unwarranted and restorable vehicles to be identified 25
when offered for sale 26
(1) A chattel auctioneer may advertise or display for sale an 27
unwarranted vehicle only if it is advertised or displayed for 28
sale, in the way provided under a regulation, as a vehicle that 29
does not have a statutory warranty. 30
Maximum penalty--100 penalty units. 31
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(2) Also, a chattel auctioneer may advertise or display for sale a 1
restorable vehicle only if it is advertised or displayed for sale 2
in the way prescribed under a regulation. 3
Maximum penalty--100 penalty units. 4
(3) This section does not apply to an unwarranted vehicle that is a 5
caravan, a commercial vehicle or a motorcycle. 6
155 Bidders to register for auction of restorable vehicles 7
(1) Before a restorable vehicle is offered for sale, a chattel 8
auctioneer must invite persons intending to bid for the vehicle 9
when it is offered for sale to register as bidders (registered 10
bidders) for the sale. 11
(2) The chattel auctioneer must also inform potential bidders that 12
by registering as a bidder, the person agrees to purchase the 13
restorable vehicle on the condition that the person is taken to 14
waive its statutory warranty when the contract for its purchase 15
is entered into. 16
156 Announcements before auction 17
(1) A chattel auctioneer must announce, immediately before the 18
auction of any unwarranted vehicle, that the vehicle does not 19
have a statutory warranty. 20
Maximum penalty--100 penalty units. 21
(2) A chattel auctioneer does not contravene subsection (1) if-- 22
(a) 2 or more vehicles that do not have a statutory warranty 23
are to be auctioned in consecutive lots; and 24
(b) immediately before the first vehicle is to be auctioned, 25
the chattel auctioneer identifies the vehicles and 26
announces that the identified vehicles do not have a 27
statutory warranty. 28
Example-- 29
Lots 10 to 25 are vehicles that do not have a statutory warranty. 30
The chattel auctioneer does not contravene subsection (1) if, 31
immediately before the auction of lot 10, the chattel auctioneer 32
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announces lots 10 to 25 are vehicles that do not have a statutory 1
warranty. 2
(3) Also, a chattel auctioneer must announce, immediately before 3
the auction of any restorable vehicle-- 4
(a) that the vehicle is a restorable vehicle because it is more 5
than 20 years old and is for sale for restoration; and 6
(b) that it is a condition of the sale of a restorable vehicle 7
that if the vehicle is sold, the registered bidder to whom 8
it is sold is taken to waive the statutory warranty for the 9
vehicle when the contract for its purchase is entered 10
into; and 11
(c) that the chattel auctioneer will not accept bids from a 12
person who is not a registered bidder. 13
Maximum penalty--100 penalty units. 14
(4) A chattel auctioneer does not contravene subsection (3) if-- 15
(a) 2 or more restorable vehicles are to be auctioned in 16
consecutive lots; and 17
(b) immediately before the first of the vehicles in the 18
consecutive lots is to be auctioned, the chattel 19
auctioneer identifies the vehicles and announces that it 20
is a condition of each of the sales that a registered bidder 21
who purchases the vehicle is taken to waive its statutory 22
warranty when the contract for its purchase is entered 23
into. 24
157 Effect of sale of restorable vehicle to registered bidder 25
If a restorable vehicle is sold to a registered bidder at auction, 26
the statutory warranty for the vehicle stops having effect when 27
the contract for its purchase is entered into and the vehicle is 28
taken, for section 159, to be an unwarranted vehicle. 29
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158 Warrantor 1
For this division, the warrantor of a warranted vehicle is the 2
chattel auctioneer or motor dealer who owns the vehicle 3
immediately before the time of taking possession. 4
Examples-- 5
1 A, a chattel auctioneer, sells a warranted vehicle owned by A at 6
auction. A is the warrantor of the vehicle. 7
2 A, a chattel auctioneer, sells a warranted vehicle owned by D, a 8
motor dealer, at auction. D is the warrantor of the vehicle. 9
159 Chattel auctioneer to give buyer notice about statutory 10
warranty 11
(1) A chattel auctioneer who sells a warranted vehicle must, 12
immediately after the contract for its purchase is entered into, 13
give the buyer of the vehicle a notice in the approved form. 14
Maximum penalty--100 penalty units. 15
(2) A chattel auctioneer who sells an unwarranted vehicle or a 16
restorable vehicle that is taken under section 157 to be an 17
unwarranted vehicle must, immediately after the contract for 18
its purchase is entered into, give the buyer of the vehicle 19
notice in the approved form that the vehicle does not have a 20
statutory warranty. 21
Maximum penalty--100 penalty units. 22
(3) The buyer must acknowledge receipt of a notice given under 23
subsection (1) or (2) by signing a copy of it. 24
160 Statutory warranty 25
(1) The warrantor of a warranted vehicle warrants that-- 26
(a) the vehicle is free from defects at the time of taking 27
possession and for the warranty period; and 28
(b) defects in the vehicle reported during the warranty 29
period will be repaired by the warrantor free of charge. 30
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(2) In this section-- 1
defects does not include defects not covered by the statutory 2
warranty. 3
161 Defects not covered by statutory warranty 4
The following defects in a warranted vehicle are not covered 5
by the statutory warranty-- 6
(a) a defect in the vehicle's paintwork or upholstery that 7
should have been apparent on any reasonable inspection 8
of the vehicle before the time of taking possession; 9
(b) a defect after the time of taking possession-- 10
(i) arising from or incidental to any accidental damage 11
to the vehicle; or 12
(ii) arising from the buyer's misuse or negligence; or 13
(iii) in an accessory to the vehicle not fitted to the 14
vehicle when sold to the buyer; 15
(c) a defect in something else prescribed by regulation. 16
162 Buyer's obligations under statutory warranty 17
(1) If the buyer of a warranted vehicle believes the vehicle has a 18
defect the warrantor of the vehicle is obliged to repair under 19
this division, the buyer must give the warrantor written notice 20
of the defect (defect notice) before the end of the warranty 21
period and-- 22
(a) if the warranted vehicle is 200km or less from the 23
warrantor's place of business when the defect notice is 24
given, deliver the warranted vehicle to-- 25
(i) the warrantor to repair the defect; or 26
(ii) a qualified repairer nominated by the warrantor, by 27
signed writing given to the buyer of the vehicle, to 28
repair the defect; or 29
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(b) if the warranted vehicle is more than 200km from the 1
warrantor's place of business when the defect notice is 2
given-- 3
(i) deliver the warranted vehicle to the qualified 4
repairer nominated by the warrantor by signed 5
writing given to the buyer of the vehicle and 6
nearest to the vehicle to repair the defect; or 7
(ii) deliver, at the warrantor's expense, the warranted 8
vehicle to another qualified repairer nominated by 9
the warrantor by signed writing given to the buyer 10
of the vehicle to repair the defect. 11
(2) The buyer is taken to deliver the vehicle and the warrantor is 12
taken to have possession of the vehicle if the buyer makes 13
reasonable efforts to deliver the vehicle under this section but 14
is unable to do so because the warrantor, or the qualified 15
repairer nominated by the warrantor, refuses to accept 16
delivery of the vehicle. 17
(3) The place of delivery under subsection (1)(a)(ii) must not be 18
more than 20km from the warrantor's place of business, 19
unless the warrantor and the buyer otherwise agree. 20
(4) In this section-- 21
qualified repairer, for a warranted vehicle the subject of a 22
defect notice, means a person who is, or holds the 23
qualifications necessary to be appointed under the Transport 24
Operations (Road Use Management) Act 1995, section 21 to 25
be, an accredited person to perform vehicle safety inspections 26
for the vehicle. 27
warrantor includes someone apparently working for the 28
warrantor at the warrantor's place of business. 29
163 Warrantor to record particulars of extension of warranty 30
period 31
The warrantor must keep a record, in the way prescribed 32
under a regulation, of the day the warranted vehicle is 33
delivered to the warrantor or nominated qualified repairer 34
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under section 162 and the day the vehicle is returned to the 1
buyer. 2
Maximum penalty--100 penalty units. 3
164 Warrantor to advise whether defect covered by statutory 4
warranty 5
(1) This section applies if a defect notice is given, and the vehicle 6
is delivered, under section 162. 7
(2) The warrantor must advise the buyer in writing (warranty 8
advice) whether the warrantor accepts or refuses to accept that 9
the defect is covered by the statutory warranty. 10
(3) If the warrantor fails to give the warranty advice within 5 11
business days after receiving the defect notice and delivery of 12
the vehicle, the warrantor is taken to have given a warranty 13
advice accepting that the defect is covered by the statutory 14
warranty. 15
(4) In this section-- 16
business day, for the giving of a warranty advice by a 17
warrantor, means a day, other than Sunday or a public 18
holiday, when the warrantor's place of business is open for 19
business. 20
165 Warrantor's obligation to repair defects 21
(1) If the warrantor accepts that the defect is covered by the 22
statutory warranty, the warrantor must repair the defect at the 23
warrantor's expense. 24
(2) The warrantor must ensure that the defect is repaired within 25
14 days after the warrantor accepts that the defect is covered 26
by the statutory warranty (the repair period), unless the 27
warrantor has a reasonable excuse. 28
Maximum penalty--200 penalty units. 29
(3) If the warrantor nominates a qualified repairer to repair the 30
vehicle, the warrantor must advise the buyer of the qualified 31
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repairer's name and the address where the defect is to be 1
repaired. 2
(4) The warrantor is taken to have repaired the defect if the part of 3
the vehicle affected by the defect is repaired so that it can be 4
reasonably relied on to perform its intended function. 5
(5) The warrantor's obligation to repair the defect under this 6
section continues even though the warrantor is no longer 7
performing the activities of a licensee. 8
166 Warrantor's failure to repair 9
(1) This section applies if the warrantor has by warranty advice or 10
otherwise-- 11
(a) refused to accept that the defect is covered by the 12
statutory warranty; or 13
(b) accepted that the defect is covered by the statutory 14
warranty but-- 15
(i) failed to repair a defect within the repair period; or 16
(ii) failed to repair the defect so that the defective part 17
can be reasonably relied on to perform its intended 18
function. 19
(2) The buyer may apply, as provided under the QCAT Act, to 20
QCAT for an order under this section. 21
(3) Without limiting the orders QCAT may make under the 22
QCAT Act, section 13, QCAT may make the following 23
orders-- 24
(a) an order that the defect is or is not a defect covered by 25
the statutory warranty; 26
(b) an order extending the warranty period for the 27
warranted vehicle to a specified date; 28
(c) an order declaring the warranted vehicle is covered by 29
the statutory warranty until a specified date. 30
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(4) Also, QCAT may make an order that the warrantor pay to the 1
buyer a stated amount QCAT decides is the reasonable cost of 2
having a defect repaired if-- 3
(a) the warrantor has, by warranty advice or otherwise, 4
refused to accept that the defect is covered by the 5
statutory warranty; and 6
(b) the buyer has had the defect repaired by another person; 7
and 8
(c) QCAT decides that the defect was one to which the 9
statutory warranty applied. 10
(5) QCAT may make an order under subsection (3)(b) or (c) only 11
if it is satisfied-- 12
(a) the vehicle was not able to be used by the buyer for a 13
period during the warranty period; and 14
(b) the period from which the order is to be effective to the 15
date the warranty period is to end, and the period during 16
which the vehicle was able to be used by the buyer, 17
taken together, are not more than-- 18
(i) for a class A warranted vehicle--3 months; or 19
(ii) for a class B warranted vehicle--1 month. 20
(6) If, after the matter is heard by QCAT, an order is made by 21
QCAT in the buyer's favour and the warrantor contravenes 22
the order, the contravention is a ground for starting 23
disciplinary proceedings under section 217. 24
(7) Subsection (6) does not limit any right the buyer may have to 25
enforce the order. 26
167 Applications for more than prescribed amount 27
(1) This section applies to an application if-- 28
(a) an application under section 166 may be made to 29
QCAT; and 30
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(b) the application seeks the payment of an amount 1
(application amount) greater than the prescribed 2
amount. 3
(2) In a provision of this division about the application-- 4
(a) a reference to QCAT is taken to be a reference to a court 5
having jurisdiction for the recovery of a debt equal to 6
the application amount; and 7
(b) the provision applies with necessary changes as if 8
QCAT were the court. 9
(3) In this section-- 10
prescribed amount means the prescribed amount as defined 11
under the QCAT Act. 12
Division 5 General 13
168 Registered office 14
A chattel auctioneer's registered office is-- 15
(a) for a chattel auctioneer who is a principal licensee-- 16
(i) the place the auctioneer states in the auctioneer's 17
application for a chattel auctioneer licence as the 18
auctioneer's principal place of business; or 19
(ii) another place notified to the chief executive by the 20
chattel auctioneer in the approved form as the 21
auctioneer's principal place of business; and 22
(b) for a chattel auctioneer who is an employed licensee-- 23
(i) the place the auctioneer states in the auctioneer's 24
application for a chattel auctioneer licence as the 25
auctioneer's business address; or 26
(ii) another place notified to the chief executive by the 27
auctioneer in the approved form as the auctioneer's 28
business address. 29
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169 Chattel auctioneer must notify chief executive of change 1
in place of business etc. 2
(1) A chattel auctioneer who is a principal licensee must-- 3
(a) notify the chief executive in the approved form of any 4
change in the chattel auctioneer's principal place of 5
business within 14 days after the change; and 6
(b) notify the chief executive in the approved form of the 7
closure of any place where the chattel auctioneer carries 8
on business within 14 days after the closure; and 9
(c) notify the chief executive in the approved form of the 10
opening of any place where the chattel auctioneer 11
carries on business within 14 days after the opening. 12
Maximum penalty--200 penalty units. 13
(2) A chattel auctioneer who is an employed licensee must notify 14
the chief executive in the approved form of any change in the 15
chattel auctioneer's business address within 14 days after the 16
change. 17
Maximum penalty--200 penalty units. 18
170 Display and publication of licensee's name 19
(1) A chattel auctioneer who is a principal licensee must display 20
at each place the chattel auctioneer carries on business, in the 21
way prescribed under a regulation-- 22
(a) the chattel auctioneer's name; and 23
(b) if the chattel auctioneer is not the person in charge of the 24
chattel auctioneer's business at the place, the name of 25
the chattel auctioneer who is in charge at the place; and 26
(c) the other particulars prescribed under a regulation. 27
Maximum penalty--100 penalty units. 28
(2) A chattel auctioneer who conducts an auction must display at 29
the auction, in the way and for the period prescribed under a 30
regulation-- 31
(a) the chattel auctioneer's name; and 32
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(b) the other particulars prescribed under a regulation. 1
Maximum penalty--100 penalty units. 2
(3) A chattel auctioneer who is a principal licensee must not 3
publish, or permit to be published, in a newspaper or 4
elsewhere an advertisement for the chattel auctioneer's 5
business without stating in the advertisement the particulars 6
prescribed under a regulation. 7
Maximum penalty--100 penalty units. 8
171 Principal licensee must keep employment register 9
(1) A chattel auctioneer who is a principal licensee must keep a 10
register (employment register) at each place where the chattel 11
auctioneer carries on business. 12
Maximum penalty--200 penalty units. 13
(2) The chattel auctioneer must enter, and keep entered, in the 14
employment register-- 15
(a) the name, and the other particulars prescribed under a 16
regulation, of each of the following persons-- 17
(i) a person who is employed by the chattel auctioneer 18
as an employed licensee; 19
(ii) a trainee chattel auctioneer who is under the 20
supervision and instruction of the chattel 21
auctioneer at the place; and 22
(b) the activities the trainee chattel auctioneer is authorised 23
to perform for the chattel auctioneer while the trainee is 24
under the supervision and instruction of the chattel 25
auctioneer. 26
Maximum penalty--200 penalty units. 27
(3) The chattel auctioneer must-- 28
(a) enter the particulars about each employed licensee or 29
trainee chattel auctioneer, and the activities the 30
employed licensee or trainee is authorised to perform, 31
immediately after the chattel auctioneer starts to employ 32
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the employed licensee or supervise and instruct the 1
trainee chattel auctioneer at the place; and 2
(b) if there is a change in an employed licensee's or trainee 3
chattel auctioneer's particulars or activities, correct the 4
entry in the way prescribed under a regulation 5
immediately after the change. 6
Maximum penalty--200 penalty units. 7
(4) The form of the register may be prescribed under a regulation. 8
172 Chattel auctioneer to obtain statement from seller of 9
vehicle 10
(1) A chattel auctioneer must, when buying a motor vehicle or 11
accepting a motor vehicle for sale on consignment from a 12
person (seller) in the course of carrying on the chattel 13
auctioneer's business, obtain from the seller a statement, 14
signed by the seller, stating the particulars about the seller and 15
the vehicle prescribed under a regulation. 16
Maximum penalty--200 penalty units. 17
(2) The chattel auctioneer must-- 18
(a) keep a copy of the statement at the chattel auctioneer's 19
registered office; and 20
(b) give a copy to the seller; and 21
(c) make a copy available for immediate inspection by an 22
inspector who asks to see it. 23
Maximum penalty--200 penalty units. 24
(3) This section does not apply if the seller is-- 25
(a) a financier of the business of the chattel auctioneer; or 26
(b) another chattel auctioneer or motor dealer. 27
173 Chattel auctioneer to give statement to buyer of vehicle 28
(1) A chattel auctioneer must, immediately after the sale of a 29
motor vehicle to a person (buyer) in the course of carrying on 30
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the chattel auctioneer's business, give to the buyer a 1
statement, signed by the chattel auctioneer, stating the 2
particulars about the vehicle's owner immediately before the 3
sale and the vehicle prescribed under a regulation. 4
Maximum penalty--200 penalty units. 5
(2) The chattel auctioneer must-- 6
(a) keep a copy of the statement at the chattel auctioneer's 7
registered office; and 8
(b) make a copy available for immediate inspection by an 9
inspector who asks to see it. 10
Maximum penalty--200 penalty units. 11
(3) Nothing in this section prevents the statement being contained 12
in the contract for sale of the vehicle. 13
Division 6 Offences 14
174 Acting as chattel auctioneer 15
(1) A person must not perform an activity that may be done under 16
the authority of a chattel auctioneer licence unless the 17
person-- 18
(a) holds a chattel auctioneer licence and the performance 19
of the activity is authorised under the person's licence; 20
or 21
(b) is otherwise permitted under this or another Act to 22
perform the activity. 23
Maximum penalty--200 penalty units or 2 years 24
imprisonment. 25
(2) A person must not act as a chattel auctioneer unless-- 26
(a) the person holds a chattel auctioneer licence and the act 27
is done under the authority of the person's licence; or 28
(b) the act is otherwise permitted under this or another Act. 29
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Maximum penalty--200 penalty units or 2 years 1
imprisonment. 2
(3) Without limiting the ways a person may act as a chattel 3
auctioneer, a person acts as a chattel auctioneer if the 4
person-- 5
(a) performs an auction for the sale or resale of goods; or 6
(b) advertises or notifies or states that the person performs 7
auctions or is willing to perform auctions for the sale or 8
resale of goods; or 9
(c) in any way holds out as being ready to perform auctions 10
for the sale or resale of goods. 11
175 Pretending to be trainee chattel auctioneer 12
(1) A person must not act as a trainee chattel auctioneer unless the 13
person holds a registration certificate as a trainee chattel 14
auctioneer. 15
Maximum penalty--200 penalty units. 16
(2) In this section-- 17
act as a trainee chattel auctioneer, for a person, includes hold 18
out that the person is a trainee chattel auctioneer. 19
176 Chattel auctioneer must not act for more than 1 party 20
(1) A chattel auctioneer must not act for more than 1 party to a 21
transaction. 22
Maximum penalty--200 penalty units. 23
(2) If a chattel auctioneer acts for more than 1 party to a 24
transaction, an appointment to act for a party to the 25
transaction is ineffective from the time it is made. 26
(3) A chattel auctioneer does not contravene subsection (1) and 27
subsection (2) does not apply if the transaction is a livestock 28
sale. 29
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177 Production of licence or registration certificate 1
(1) A chattel auctioneer must, if asked by a person with whom the 2
chattel auctioneer is dealing, produce the chattel auctioneer 3
licence for inspection by the person. 4
Maximum penalty--100 penalty units. 5
(2) A trainee chattel auctioneer must, if asked by a person with 6
whom the trainee is dealing, produce the trainee's registration 7
certificate for inspection by the person. 8
Maximum penalty--100 penalty units. 9
178 Employment of persons in chattel auctioneer's business 10
A chattel auctioneer must not employ, as a trainee chattel 11
auctioneer, a person the chattel auctioneer knows, or ought to 12
know, does not hold a registration certificate as a trainee 13
chattel auctioneer. 14
Maximum penalty--200 penalty units. 15
Part 5 Employee registration 16
Division 1 Categories of registered employees 17
179 Categories of registered employees 18
The following categories of registered employees are 19
prescribed for this Act-- 20
(a) motor salesperson; 21
(b) trainee chattel auctioneer. 22
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180 Limited motor salesperson registration certificate 1
(1) The chief executive may issue a registration certificate for a 2
motor salesperson (a limited motor salesperson registration 3
certificate) of a type prescribed under a regulation, that 4
authorises the performance of activities that are more limited 5
than the activities that may be performed under an 6
unconditional registration certificate for a motor salesperson. 7
(2) A regulation may prescribe-- 8
(a) the activities that may be performed under a limited 9
motor salesperson registration certificate; and 10
(b) the educational requirements for obtaining a limited 11
motor salesperson registration certificate. 12
Division 2 Registered employees' 13
authorisation 14
181 What a registration certificate authorises 15
(1) A registration certificate held by a motor salesperson 16
authorises the salesperson to perform any activity that may be 17
performed by the motor dealer who employs the salesperson. 18
(2) A registration certificate held by a trainee chattel auctioneer 19
authorises the trainee to perform any activity that may be 20
performed by the chattel auctioneer who supervises the 21
trainee. 22
(3) However, a registration certificate does not authorise the 23
holder to perform an activity that the holder is not authorised 24
to perform because of a condition to which the certificate is 25
subject. 26
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Division 3 How to obtain registration 1
182 Steps involved in obtaining registration 2
(1) A person who wishes to obtain registration as a motor sales 3
person or trainee chattel auctioneer must be a suitable person 4
to hold registration under division 5. 5
(2) The person must apply for registration by-- 6
(a) submitting an application showing, among other things, 7
the person is eligible to obtain registration; and 8
(b) paying the prescribed fees. 9
(3) In deciding the application, the chief executive must have 10
regard to, among other things-- 11
(a) the person's suitability to hold a registration certificate 12
under this Act; and 13
(b) the person's eligibility to hold the registration 14
certificate. 15
Division 4 Applications for registration 16
183 Application for registration 17
(1) An applicant for registration must-- 18
(a) be an individual; and 19
(b) apply to the chief executive in the approved form; and 20
(c) state the category of the registration being applied for; 21
and 22
(d) state the term of the registration being applied for; and 23
(e) establish the applicant's suitability and eligibility for 24
registration as a registered employee; and 25
(f) provide any information the chief executive reasonably 26
requires to decide whether the applicant is suitable and 27
eligible to be a registered employee. 28
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(2) The application must be accompanied by-- 1
(a) the application fee prescribed under a regulation; and 2
(b) the registration issue fee prescribed under a regulation; 3
and 4
(c) if, before or when the application is made, a criminal 5
history costs requirement is made of the applicant--the 6
amount of the costs required to be paid. 7
184 Requirement to give chief executive information or 8
material about application 9
(1) The chief executive may, by written notice given to an 10
applicant for registration, require the applicant to give the 11
chief executive within a stated reasonable period information 12
or material the chief executive reasonably considers is needed 13
to consider the applicant's application for the registration. 14
(2) The applicant is taken to have withdrawn the application if the 15
applicant fails to comply with the chief executive's 16
requirement within the stated reasonable period. 17
Division 5 Suitability of applicants 18
185 Suitability of applicants 19
(1) A person is not a suitable person to obtain registration as a 20
registered employee if the person is-- 21
(a) a person who has been convicted, in Queensland or 22
elsewhere, within the preceding 5 years of a serious 23
offence; or 24
(b) currently disqualified from holding a licence or 25
registration certificate; or 26
(c) a person the chief executive decides under section 186 is 27
not a suitable person to obtain registration as a 28
registered employee. 29
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(2) An individual who is not a suitable person can not obtain 1
registration as a registered employee. 2
186 Chief executive must consider suitability of applicants 3
(1) The chief executive must, when deciding whether a person is 4
a suitable person to obtain registration as a registered 5
employee, consider all of the following things-- 6
(a) the person's character; 7
(b) whether the person held a licence or registration under a 8
relevant Act that was suspended or cancelled under the 9
relevant Act; 10
(c) whether an amount has been paid from the fund because 11
the person did, or omitted to do, something that gave 12
rise to the claim against the fund; 13
(d) whether the person has been disqualified under a 14
relevant Act from being-- 15
(i) the holder of a licence within the meaning of the 16
relevant Act; or 17
(ii) the holder of a registration certificate within the 18
meaning of the relevant Act; or 19
(iii) an executive officer of a corporation; 20
(e) the person's criminal history; 21
(f) if the person is an insolvent under administration-- 22
(i) the circumstances giving rise to the person being 23
an insolvent under administration; and 24
(ii) whether the person took all reasonable steps to 25
avoid the coming into existence of the 26
circumstances that resulted in the person being an 27
insolvent under administration; and 28
(iii) whether the person is in a position to influence 29
significantly the management of a licensee's 30
business; 31
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(g) whether the person has been convicted of an offence 1
against a relevant Act or the Administration Act; 2
(h) whether the person is capable of satisfactorily 3
performing the activities of a registered employee; 4
(i) whether the person's name appears in the register of 5
disqualified company directors and other officers under 6
the Corporations Act; 7
Note-- 8
See the Corporations Act, section 1274AA (Register of 9
disqualified company directors and other officers). 10
(j) another thing the chief executive may consider under 11
this Act. 12
(2) If the chief executive decides a person is not a suitable person 13
to obtain registration as a registered employee, the chief 14
executive must give the person an information notice about 15
the decision within 14 days after the decision is made. 16
(3) In this section-- 17
fund includes the claim fund under the repealed Act. 18
relevant Act means this Act, an Agents Act, the repealed Act 19
or a corresponding law. 20
187 Investigations about suitability of applicants 21
(1) The chief executive may make investigations about the 22
applicant to help the chief executive decide whether the 23
applicant is a suitable person to obtain registration as a 24
registered employee. 25
(2) Without limiting subsection (1), the chief executive may ask 26
the commissioner of the police service for a report about the 27
applicant's criminal history. 28
(3) The commissioner must give the report to the chief executive. 29
(4) However, the report is required to contain only criminal 30
history in the commissioner's possession or to which the 31
commissioner has access. 32
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(5) If the criminal history of the applicant includes a conviction 1
recorded against the applicant, the commissioner's report 2
must be written. 3
188 Costs of criminal history report 4
(1) The chief executive may require an applicant to pay the 5
reasonable, but no more than actual, costs of obtaining a 6
report under section 187 about the applicant. 7
(2) The requirement is a criminal history costs requirement. 8
(3) The requirement is sufficiently made of the applicant if it is 9
made generally of applicants for, or for the renewal or 10
restoration of, registration in the relevant approved form or 11
notified on the department's web site for applications of that 12
type. 13
(4) The chief executive must refund to the applicant an amount 14
paid under the requirement if-- 15
(a) the chief executive refuses the application without 16
asking for the report; or 17
(b) the applicant withdraws the application before the chief 18
executive asks for the report. 19
(5) In this section-- 20
applicant includes proposed applicant. 21
189 Confidentiality of criminal history 22
(1) A public service employee performing functions under this 23
Act must not, directly or indirectly, disclose to anyone else a 24
report about a person's criminal history, or information 25
contained in the report, given under section 187. 26
Maximum penalty--100 penalty units. 27
(2) However, the person does not contravene subsection (1) if-- 28
(a) disclosure of the report or information to someone else 29
is authorised by the chief executive to the extent 30
necessary to perform a function under or for this Act; or 31
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(b) the disclosure is otherwise required or permitted by law. 1
(3) The chief executive must destroy a written report about a 2
person's criminal history as soon as practicable after 3
considering the person's suitability to obtain registration as a 4
registered employee. 5
190 Requirement to give chief executive information or 6
material about suitability 7
(1) This section applies to an applicant for registration as a 8
registered employee or the renewal or restoration of the 9
registration. 10
(2) The chief executive may, by written notice given to the 11
applicant, require the applicant to give the chief executive 12
within a stated reasonable period information or material the 13
chief executive reasonably considers is needed to establish the 14
applicant's suitability for the registration. 15
(3) The applicant is taken to have withdrawn the application if, 16
within the stated reasonable period, the applicant fails to 17
comply with the chief executive's requirement. 18
Division 6 Eligibility for registration 19
191 Eligibility for registration as registered employee 20
(1) An individual is eligible to obtain registration as a registered 21
employee only if the individual-- 22
(a) is at least 18 years; and 23
(b) has the educational or other qualifications prescribed 24
under a regulation for the relevant category of 25
registration. 26
(2) An individual is to be taken to satisfy the requirement 27
mentioned in subsection (1)(b) if the chief executive is 28
satisfied the individual-- 29
(a) has a comparable qualification; or 30
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(b) within 2 years before the day the individual's 1
application for registration is received by the chief 2
executive-- 3
(i) has been the holder of a registration certificate 4
under this Act for the relevant category of 5
registration; or 6
(ii) has been the holder of a comparable certificate 7
under the repealed Act. 8
Division 7 Issue of registration certificate 9
192 Chief executive may issue or refuse to issue registration 10
certificate 11
(1) The chief executive may issue or refuse to issue a registration 12
certificate to an applicant. 13
(2) The chief executive may issue a registration certificate to an 14
applicant only if the chief executive is satisfied-- 15
(a) the applicant is a suitable person to obtain registration; 16
and 17
(b) the applicant is eligible to obtain registration; and 18
(c) the application is properly made. 19
(3) For subsection (2)(c), the application is properly made only if 20
it complies with section 183 and is accompanied by the things 21
mentioned in that section. 22
(4) If the chief executive decides to refuse to issue the registration 23
certificate, the chief executive must give the applicant an 24
information notice about the decision within 14 days after the 25
decision is made. 26
(5) If the applicant's application for a registration certificate is 27
refused, the applicant may not make another application for a 28
registration certificate-- 29
(a) for 3 months after the day the chief executive gives the 30
applicant the information notice under subsection (4); or 31
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(b) if the applicant applies to QCAT to review the chief 1
executive's decision and the decision is confirmed, for 3 2
months after the day the decision is confirmed. 3
193 Registration certificate--conditions 4
(1) The chief executive may issue a registration certificate on the 5
conditions the chief executive considers necessary or 6
desirable-- 7
(a) for the proper performance of the activities authorised 8
by the certificate; or 9
(b) for another purpose consistent with the achievement of 10
the objects of this Act or the Administration Act. 11
Example-- 12
If the chief executive decides to issue a registration certificate to a 13
person who is or has been an insolvent under administration, the chief 14
executive may issue the certificate subject to a condition that the person 15
not receive, bank or otherwise be responsible for dealing with trust 16
account moneys. 17
(2) A condition may limit or prohibit the performance of an 18
activity authorised under this Act or the Administration Act. 19
(3) If the chief executive decides to issue the certificate on 20
condition, the chief executive must give the applicant an 21
information notice about the decision within 14 days after the 22
decision is made. 23
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Division 8 Renewal and restoration of 1
registration certificates 2
Subdivision 1 Renewal 3
194 Application for renewal 4
(1) A registered employee may only apply for renewal of the 5
employee's registration certificate before the certificate 6
expires. 7
(2) The application must-- 8
(a) be made to the chief executive in the approved form; 9
and 10
(b) state the term of the registration being applied for; and 11
(c) be accompanied by-- 12
(i) the application fee prescribed under a regulation; 13
and 14
(ii) the registration certificate renewal fee prescribed 15
under a regulation; and 16
(iii) if, before or when the application is made, a 17
criminal history costs requirement is made of the 18
registered employee--the amount of the costs 19
required to be paid. 20
195 Chief executive may renew or refuse to renew 21
registration certificate 22
(1) The chief executive must consider the renewal application and 23
may renew or refuse to renew the registration certificate. 24
(2) The chief executive may renew the certificate only if the chief 25
executive is satisfied-- 26
(a) the registered employee is a suitable person to obtain the 27
registration; and 28
(b) the application is properly made; and 29
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(c) the employee meets the eligibility requirements for the 1
certificate. 2
(3) For subsection (2)(b), an application is properly made only if 3
it complies with section 194(2) and is accompanied by the 4
things mentioned in that subsection. 5
(4) If the chief executive decides to refuse the application, the 6
chief executive must give the employee an information notice 7
about the decision within 14 days after the decision is made. 8
196 Registration certificate taken to be in force while 9
application for renewal is considered 10
If an application is made under section 194, the registered 11
employee's registration certificate is taken to continue in 12
force from the day that it would, apart from this section, have 13
expired until the employee's application for renewal is 14
decided under section 195 or taken to have been withdrawn 15
under section 190(3). 16
Subdivision 2 Restoration 17
197 Application for restoration 18
(1) If a registered employee's registration certificate expires, the 19
person (former employee) may apply for restoration of the 20
certificate. 21
(2) The application must-- 22
(a) be made within 3 months after the expiry; and 23
(b) be made to the chief executive in the approved form; 24
and 25
(c) state the term of the registration being applied for; and 26
(d) be accompanied by-- 27
(i) the application fee prescribed under a regulation; 28
and 29
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(ii) the registration renewal fee prescribed under a 1
regulation; and 2
(iii) the registration restoration fee prescribed under a 3
regulation; and 4
(iv) if, before or when the application is made, a 5
criminal history costs requirement is made of the 6
former employee--the amount of the costs 7
required to be paid. 8
198 Chief executive may restore or refuse to restore 9
registration certificate 10
(1) The chief executive must consider the restoration application 11
and may restore or refuse to restore the registration certificate. 12
(2) The chief executive may restore the certificate only if the 13
chief executive is satisfied-- 14
(a) the applicant is a suitable person to obtain registration; 15
and 16
(b) the application is properly made; and 17
(c) the applicant meets the eligibility requirements for the 18
certificate. 19
(3) For subsection (2)(b), an application is properly made only if 20
it complies with section 197(2) and is accompanied by the 21
things mentioned in that subsection. 22
(4) If the chief executive decides to refuse the application, the 23
chief executive must give the applicant an information notice 24
about the decision within 14 days after the decision is made. 25
(5) If the chief executive decides to restore the certificate-- 26
(a) the certificate is taken to have been renewed on the day 27
it would, apart from section 199, have expired (the 28
initial expiry date); and 29
(b) to remove any doubt, a thing done during the period 30
starting on the initial expiry date and ending on the day 31
the certificate is restored under this section is taken to 32
have been as validly done as it would have been if the 33
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certificate had been renewed immediately before the 1
initial expiry date. 2
199 Registration certificate taken to be in force while 3
application for restoration is considered 4
If an application is made under section 197, the applicant's 5
registration certificate is taken to continue in force from the 6
day that it would, apart from this section, have expired until 7
the employee's application for restoration is decided under 8
section 198 or taken to have been withdrawn under section 9
190(3). 10
Division 9 Dealings with registration 11
certificates 12
Subdivision 1 Transfer of registration certificate 13
200 Transfer of registration certificate prohibited 14
A registration certificate may not be transferred. 15
Subdivision 2 General 16
201 Amendment of registration certificate conditions 17
(1) The chief executive may amend the conditions of a 18
registration certificate-- 19
(a) on the registered employee's application; or 20
(b) on the order of QCAT after a disciplinary hearing; or 21
(c) on the chief executive's own initiative. 22
Note-- 23
QCAT may deal with the conditions of a person's registration certificate 24
under section 222. 25
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(2) An application under subsection (1)(a) must be made to the 1
chief executive in the approved form and be accompanied by 2
the application fee prescribed under a regulation. 3
(3) Before making an amendment under subsection (1)(a), the 4
chief executive must be satisfied the registered employee 5
meets the eligibility requirements the chief executive 6
considers relevant to the amendment of the condition. 7
(4) Before making an amendment under subsection (1)(c), the 8
chief executive must-- 9
(a) give written notice to the registered employee-- 10
(i) of the particulars of the proposed amendment; and 11
(ii) that the employee may make written submissions 12
to the chief executive about the proposed 13
amendment before a stated day, not later than 14 14
days after the notice is given to the employee; and 15
(b) have regard to submissions made to the chief executive 16
by the registered employee before the stated day. 17
(5) Subsection (4) does not apply if the chief executive decides 18
that the amendment must be made urgently to ensure 19
compliance with this Act or the Administration Act. 20
(6) If the chief executive decides to amend the conditions of a 21
registration certificate under subsection (1)(c), the chief 22
executive must give the registered employee an information 23
notice about the decision within 14 days after the decision is 24
made. 25
(7) The amendment takes effect-- 26
(a) on the day the written notice of the amendment is given 27
to the registered employee; or 28
(b) if a later day is stated in the notice, on the stated day. 29
(8) If the chief executive decides to refuse to make an amendment 30
requested under subsection (1)(a), the chief executive must 31
give the registered employee an information notice about the 32
decision within 14 days after the decision is made. 33
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202 Return of registration certificate for amendment of 1
conditions 2
(1) If the chief executive amends the conditions of a registration 3
certificate under section 201, the chief executive may require 4
the registered employee to produce the certificate for 5
amendment within a stated period of not less than 14 days. 6
(2) The employee must comply with the requirement, unless the 7
person has a reasonable excuse. 8
Maximum penalty for subsection (2)--100 penalty units. 9
203 Surrender of registration certificate 10
(1) A registered employee may surrender the employee's 11
registration certificate by giving written notice, and returning 12
the certificate, to the chief executive. 13
(2) A registration certificate surrendered under this section stops 14
having effect on the day it is surrendered. 15
Division 10 Immediate suspension and 16
cancellation of registration 17
certificates 18
204 Immediate suspension 19
(1) This section applies if the chief executive believes, on 20
reasonable grounds, that-- 21
(a) a registered employee's registration certificate, or a 22
renewal or restoration of the registration certificate, was 23
obtained because of materially incorrect or misleading 24
information; or 25
(b) both-- 26
(i) an irregularity or deficiency exists in a licensee's 27
trust account; and 28
(ii) a registered employee of the licensee may be 29
responsible for the irregularity or deficiency; or 30
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(c) a registered employee-- 1
(i) has contravened or is contravening this Act or the 2
Administration Act; or 3
(ii) has contravened the repealed Act; or 4
(iii) is likely or proposing to engage in conduct that 5
would contravene this Act or the Administration 6
Act. 7
(2) The chief executive may suspend the registered employee's 8
registration certificate, whether or not disciplinary 9
proceedings have been started under this Act. 10
(3) The certificate may be suspended for the period (not more 11
than 28 days), and on the conditions, the chief executive 12
decides. 13
(4) The chief executive must give the employee an information 14
notice about the decision to suspend the employee's 15
registration within 14 days after the suspension. 16
(5) The employee must return the certificate to the chief 17
executive within 14 days after the employee receives the 18
notice, unless the employee has a reasonable excuse. 19
Maximum penalty for subsection (5)--100 penalty units. 20
205 Immediate cancellation 21
(1) The registration certificate of a registered employee is 22
cancelled if the employee is convicted of a serious offence. 23
(2) The employee must return the certificate to the chief 24
executive within 14 days after the conviction, unless the 25
employee has a reasonable excuse. 26
Maximum penalty for subsection (2)--100 penalty units. 27
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Division 11 General provisions about employee 1
registration 2
206 Form of registration certificate 3
(1) A registration certificate must be in the approved form. 4
(2) However, the chief executive may approve-- 5
(a) a form of certificate for office display purposes; and 6
Example-- 7
a form of a certificate that may be framed and displayed in an 8
office 9
(b) a form of certificate for personal identification purposes. 10
(3) The certificate must contain the following particulars-- 11
(a) the name of the registered employee; 12
(b) the date of issue of the certificate; 13
(c) the expiry date of the certificate; 14
(d) other particulars prescribed under a regulation. 15
207 Term of registration certificate 16
A registration certificate may be issued for a 1 year or 3 year 17
term. 18
208 Replacement certificates 19
(1) A registered employee may apply to the chief executive for 20
the replacement of a lost, stolen, destroyed or damaged 21
registration certificate. 22
(2) The application must be made in the approved form and be 23
accompanied by the fee prescribed under a regulation. 24
(3) The chief executive must grant the application if the chief 25
executive is satisfied the certificate has been lost, stolen or 26
destroyed, or damaged in a way to require its replacement. 27
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(4) If the chief executive grants the application, the chief 1
executive must issue another certificate to the applicant to 2
replace the lost, stolen, destroyed or damaged certificate. 3
209 Register of registration certificates 4
(1) The chief executive must keep a register of registration 5
certificates and applications for registration certificates 6
(registration certificate register). 7
(2) The registration certificate register may form part of the 8
licence register. 9
(3) The registration certificate register must contain the following 10
particulars-- 11
(a) for each applicant for a registration certificate-- 12
(i) the applicant's name; and 13
(ii) the date of the application; and 14
(iii) the application number; 15
(b) for each registered employee-- 16
(i) the employee's name; and 17
(ii) the dates of issue and expiry of the employee's 18
current registration certificate; and 19
(iii) any conditions imposed on the certificate; and 20
(iv) the employee's registration certificate number; and 21
(v) particulars of any surrender, suspension or 22
cancellation of the employee's registration 23
certificate or any licence or certificate issued to the 24
employee under this or the repealed Act. 25
(4) A person may, on payment of the fee prescribed under a 26
regulation, inspect, or get a copy of details in, the part of the 27
register containing the particulars mentioned in subsection 28
(3)-- 29
(a) at a place or places decided by the chief executive; or 30
(b) by using a computer. 31
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[s 210]
(5) A person may pay the fee, in advance or in arrears, under an 1
arrangement approved by the chief executive. 2
(6) The register may be kept in any way the chief executive 3
considers appropriate. 4
(7) In this section-- 5
contain includes record and store. 6
210 Registered employees to notify chief executive of 7
changes in circumstances 8
(1) A registered employee must give written notice to the chief 9
executive of a prescribed change in the employee's 10
circumstances within 14 days after the change. 11
Maximum penalty--100 penalty units. 12
(2) In this section-- 13
prescribed change means a change prescribed under a 14
regulation. 15
Part 6 Trust accounts 16
211 Opening and maintaining trust accounts 17
(1) A principal licensee must open and maintain a trust account 18
under the Administration Act if an amount is likely to be 19
received by the licensee for a transaction, or with written 20
direction for its use, when performing the activities of a motor 21
dealer or chattel auctioneer. 22
Maximum penalty--200 penalty units or 2 years 23
imprisonment. 24
(2) However, subsection (1) does not apply to a del credere agent 25
for selling livestock under a del credere agreement while the 26
agreement is in force. 27
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(3) In this section-- 1
amount-- 2
(a) includes deposit and purchase monies for a transaction; 3
but 4
(b) does not include an amount payable to the licensee for a 5
transaction in refund of an expense the licensee was 6
authorised to incur and did incur and for which the 7
licensee holds a receipt. 8
del credere agreement means a written agreement between a 9
del credere agent and a livestock seller under which the agent 10
agrees to sell the livestock for the seller and guarantees 11
payment of the purchase price of the livestock to the seller. 12
Part 7 Claims against the fund 13
Division 1 Preliminary 14
212 Definitions for pt 7 15
In this part-- 16
claimant means a person who makes a claim against the fund. 17
financial loss, suffered by a person, if evidenced by a 18
judgment of a court, does not include interest awarded on the 19
judgment. 20
licensee includes a former licensee and a person who is not 21
licensed, but who acts as a licensee. 22
relevant person means-- 23
(a) a licensee; or 24
(b) a licensee's employee or agent, or a person carrying on 25
business with the licensee; or 26
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(c) a person having charge or control, or apparent charge or 1
control, of a licensee's registered office or business. 2
Division 2 Who can claim 3
213 Claims 4
(1) A person may, in the way provided under the Administration 5
Act, make a claim against the fund if the person suffers 6
financial loss because of the happening of any of the 7
following events-- 8
(a) the contravention of any of the following provisions by 9
a relevant person-- 10
· section 76 or 77 11
· section 82(2) 12
· section 89(4) 13
· section 98 14
· section 140 or 141 15
· section 149(2) 16
· section 211 17
· section 236 18
· section 237; 19
(b) a failure of a motor dealer to ensure a person who has 20
bought a motor vehicle sold by or for the dealer gains 21
clear title to the vehicle at the time property in the 22
vehicle passes to the buyer, whether or not the motor 23
dealer contravenes section 82 or 149; 24
(c) a failure of an auctioneer to ensure a person who has 25
bought a motor vehicle sold by the auctioneer (other 26
than a motor vehicle sold for another auctioneer or a 27
motor dealer) gains clear title to the vehicle at the time 28
property in the vehicle passes to the buyer, whether or 29
not the auctioneer contravenes section 149; 30
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(d) a stealing, misappropriation or misapplication by a 1
relevant person of property entrusted to the person as 2
agent for someone else in the person's capacity as a 3
relevant person. 4
(2) A person may make a claim against the fund even if the 5
person has made another claim for the loss against a receiver 6
and the receiver has not considered or has refused the other 7
claim. 8
214 Persons who can not claim 9
The following persons can not make a claim against the fund 10
for any of the following financial losses-- 11
(a) a seller of livestock who suffers financial loss in relation 12
to the sale of the livestock if-- 13
(i) the livestock are received by a relevant person 14
from the seller; and 15
(ii) the relevant person and the seller agree in writing 16
that the relevant person guarantees payment to the 17
seller of the livestock's purchase price; 18
Editor's note-- 19
The practice described in subparagraph (ii) is commonly 20
referred to as `del credere'. 21
(b) a relevant person who suffers financial loss in the course 22
of performing an activity, or carrying on business, as a 23
relevant person; 24
(c) a person holding a licence, however described, under a 25
corresponding law that is similar to a licence under this 26
Act who suffers financial loss in the course of 27
performing an activity, or carrying on business, under 28
the person's licence; 29
(d) a financier of a motor dealer's business who suffers 30
financial loss because of financing the motor dealer's 31
business; 32
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[s 215]
(e) a person who suffers financial loss because the person 1
guaranteed a motor dealer's obligations under a 2
financial arrangement made by the motor dealer. 3
Part 8 Jurisdiction of QCAT 4
Division 1 Preliminary 5
215 Definitions for pt 8 6
In this part-- 7
former licensee means a person who held a licence under this 8
or the repealed Act at any time within 3 years before a 9
proceeding under this part is started involving the person. 10
former registered employee means a person who was a 11
registered employee, or the holder of a registration certificate 12
under the repealed Act, at any time within 1 year before a 13
proceeding under this part is started involving the person. 14
licensee includes a former licensee. 15
registered employee includes a former registered employee. 16
216 Jurisdiction 17
For this Act, QCAT has the following jurisdiction-- 18
(a) to hear and decide disciplinary matters involving 19
licensees and registered employees; 20
(b) to review decisions of the chief executive about 21
licensing and registration. 22
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Part 8 Jurisdiction of QCAT
[s 217]
Division 2 Disciplinary proceedings 1
217 Grounds for starting disciplinary proceedings 2
(1) The following are grounds for starting a disciplinary 3
proceeding against a licensee or registered employee-- 4
(a) the licensee or employee has been convicted of-- 5
(i) an indictable offence; or 6
(ii) an offence against this Act or the Administration 7
Act; 8
(b) the licensee or employee has contravened or breached-- 9
(i) this Act, including a code of conduct; or 10
(ii) the Administration Act; or 11
(iii) an undertaking given under part 9, division 2; or 12
(iv) a corresponding law; 13
(c) the licensee or employee has been disqualified from 14
holding a licence under a corresponding law; 15
(d) an amount has been paid from the fund because the 16
licensee or employee did, or omitted to do, something 17
that gave rise to a claim against the fund; 18
(e) the licensee or employee fraudulently or improperly 19
obtained, or helped someone else to fraudulently or 20
improperly obtain, a licence or registration certificate; 21
(f) the licensee or employee has failed to comply with an 22
order made by a court, the former tribunal or QCAT; 23
(g) for a licensee-- 24
(i) the licensee is not a suitable person to hold a 25
licence; or 26
(ii) the licensee has carried on, or is carrying on, 27
business under a licence with someone who is not a 28
suitable person to hold a licence; or 29
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[s 217]
(iii) the licensee has, in carrying on a business or 1
performing an activity, been incompetent or acted 2
in an unprofessional way; or 3
(iv) the licensee has failed to ensure that the licensee's 4
employed licensees or registered employees, or 5
employees under the licensee's supervision-- 6
(A) are properly supervised in the performance 7
of their duties; or 8
(B) comply with this Act; or 9
(v) the licensee has failed to comply with a condition 10
of the licensee's licence; or 11
(vi) the licensee is an executive officer of a corporation 12
against whom QCAT finds grounds exist to take 13
disciplinary action under section 222; or 14
(vii) if the licensee is a corporation-- 15
(A) an executive officer of the corporation is not 16
a suitable person to be an executive officer 17
of a corporation; or 18
(B) an executive officer of the corporation is 19
disqualified under this Act from being an 20
executive officer of a corporation; 21
(h) for a registered employee-- 22
(i) the employee is not eligible to be employed as a 23
registered employee; or 24
(ii) the employee has, in performing an activity of a 25
licensee, been incompetent or acted in an 26
unprofessional way. 27
(2) The chief executive must not start a disciplinary proceeding 28
against an executive officer under subsection (1)(g)(vi) if the 29
chief executive is satisfied-- 30
(a) the act or omission relevant to the proceeding against 31
the corporation was done or made without the executive 32
officer's knowledge; and 33
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Part 8 Jurisdiction of QCAT
[s 218]
(b) the executive officer could not, with reasonable 1
diligence, have prevented the doing of the act or the 2
making of the omission. 3
218 Starting disciplinary proceedings 4
The chief executive may apply to QCAT to conduct a 5
proceeding to decide whether grounds exist under section 217 6
for taking disciplinary action against a licensee or registered 7
employee. 8
Division 3 Review proceedings 9
219 Person dissatisfied with chief executive's decision may 10
seek review 11
A person who is dissatisfied with a decision of the chief 12
executive made under a provision mentioned in schedule 1 13
may apply to QCAT to have the decision reviewed 14
(application for review). 15
220 Stay of operation of decisions 16
(1) A decision of the chief executive, other than a decision made 17
under section 55 or 204, being reviewed is stayed for securing 18
the effectiveness of the review. 19
(2) However, the period of a stay does not extend past the time 20
when QCAT decides the application. 21
221 QCAT may extend time 22
(1) QCAT may extend the time within which to seek review of a 23
decision of the chief executive if it is satisfied-- 24
(a) the application is made within 42 days after the person 25
receives notice of the decision to be reviewed; and 26
(b) it is appropriate to extend time having regard to-- 27
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[s 222]
(i) the application generally; and 1
(ii) the justice of the matter generally. 2
(2) No appeal lies against QCAT's decision under this section. 3
Division 4 Proceedings generally 4
Subdivision 1 QCAT's orders 5
222 Orders QCAT may make on disciplinary hearing 6
(1) QCAT may make 1 or more of the following orders against a 7
person in relation to whom QCAT finds grounds exist to take 8
disciplinary action under this Act-- 9
(a) an order reprimanding the person; 10
(b) an order that the person pay to the State, within the 11
period stated in the order, a fine of not more than-- 12
(i) for an individual--200 penalty units; or 13
(ii) for a corporation--1000 penalty units; 14
(c) an order that the person pay compensation (inclusive of 15
any commission to which the person is not entitled) to 16
someone else who has suffered loss or damage because 17
of the act or omission that resulted in the finding; 18
(d) an order that the person's licence or registration 19
certificate be suspended for the period stated in the 20
order; 21
(e) an order-- 22
(i) if the person is the holder of a licence or 23
registration certificate when the order is 24
made--that the licence or registration certificate be 25
cancelled; or 26
(ii) whether or not the person is the holder of a licence 27
or registration certificate when the order is 28
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made--that the person be disqualified 1
permanently, or for the period stated in the order, 2
from holding a licence or registration certificate; 3
(f) an order, for a licensed individual who is an executive 4
officer of a corporation, that the individual be 5
disqualified permanently, or for the period stated in the 6
order, from being an executive officer of a corporation 7
that holds a licence; 8
(g) an order imposing conditions on, or amending or 9
revoking the conditions of, the person's licence or 10
registration certificate; 11
(h) another order QCAT considers appropriate to ensure the 12
person complies with this Act. 13
(2) QCAT may not make an order under subsection (1)(e)(ii) 14
disqualifying the person from holding a licence or registration 15
certificate if QCAT is satisfied that a court has, in relation to 16
the matter giving rise to the disciplinary proceeding-- 17
(a) been asked to make an order under section 253(2) 18
disqualifying the person from holding a licence or 19
registration certificate; and 20
(b) declined to do so. 21
(3) The chief executive may recover a fine, ordered by QCAT to 22
be paid by the person to the chief executive, as a debt owing 23
to the chief executive in a court with jurisdiction to recover 24
debts up to the amount of the fine. 25
223 Stopping contraventions 26
(1) This section applies if QCAT is satisfied, on application by 27
the chief executive, that a person is doing, or is about to do, 28
something in contravention of this Act. 29
(2) QCAT may, by order, prohibit the person who is doing, or is 30
about to do, the thing (the prohibited person) from starting or 31
continuing to do the thing. 32
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Part 9 Injunctions and undertakings
[s 224]
(3) QCAT may make an order under this section on the chief 1
executive's application made without notice to the prohibited 2
person but, in that case, QCAT must allow the prohibited 3
person a reasonable opportunity to show cause why the order 4
should not be confirmed. 5
(4) If QCAT, after considering the prohibited person's evidence 6
and submissions, if any, and any further evidence or 7
submissions of the chief executive, is not satisfied the order 8
should continue in force, QCAT must rescind the order. 9
(5) A person must not contravene an order under this section. 10
Maximum penalty--540 penalty units. 11
(6) An order under this section has effect on the giving of a copy 12
of the order to the prohibited person. 13
Subdivision 2 Chief executive's right of appeal 14
224 Appeal 15
(1) The chief executive may appeal to the appeal tribunal against 16
any decision of QCAT, but only on the ground of error of law. 17
(2) In this section-- 18
appeal tribunal means QCAT as constituted under the QCAT 19
Act, section 166 for the purposes of an appeal. 20
Part 9 Injunctions and undertakings 21
Division 1 Injunctions 22
225 Injunctions 23
An injunction under this division may be granted by the 24
District Court against a person (respondent) at any time. 25
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Part 9 Injunctions and undertakings
[s 226]
226 Who may apply for injunction 1
The following persons may apply to the District Court for an 2
injunction-- 3
(a) the chief executive; 4
(b) a person aggrieved by the respondent's conduct. 5
227 Grounds for injunction 6
The District Court may grant an injunction if the court is 7
satisfied that a person has engaged, or is proposing to engage, 8
in conduct that constitutes or would constitute-- 9
(a) a contravention of this Act or the code of conduct; or 10
(b) attempting to contravene this Act or the code of 11
conduct; or 12
(c) aiding, abetting, counselling or procuring a person to 13
contravene this Act or the code of conduct; or 14
(d) inducing or attempting to induce, whether by threats, 15
promises or otherwise, a person to contravene this Act 16
or the code of conduct; or 17
(e) being in any way, directly or indirectly, knowingly 18
concerned in, or party to, the contravention by a person 19
of this Act or the code of conduct; or 20
(f) conspiring with others to contravene this Act or the code 21
of conduct. 22
228 Court's powers for injunctions 23
(1) The power of the District Court to grant an injunction 24
restraining a person from engaging in conduct may be 25
exercised-- 26
(a) whether or not it appears to the court that the person 27
intends to engage again, or to continue to engage, in 28
conduct of that kind; and 29
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Part 9 Injunctions and undertakings
[s 229]
(b) whether or not the person has previously engaged in 1
conduct of that kind. 2
(2) The power of the court to grant an injunction requiring a 3
person to do an act or thing may be exercised-- 4
(a) whether or not it appears to the court that the person 5
intends to fail again, or to continue to fail, to do the act 6
or thing; and 7
(b) whether or not the person has previously failed to do the 8
act or thing. 9
(3) An interim injunction may be granted under this part until the 10
application is finally decided. 11
(4) The District Court may rescind or vary an injunction at any 12
time. 13
229 Terms of injunction 14
(1) The District Court may grant an injunction in the terms the 15
court considers appropriate. 16
(2) Without limiting the court's power under subsection (1), an 17
injunction may be granted restraining a person from carrying 18
on a business as a licensee (whether or not the person is 19
licensed or the business is carried on as part of, or incidental 20
to, the carrying on of another business)-- 21
(a) for a stated period; or 22
(b) except on stated terms and conditions. 23
(3) Also, the court may grant an injunction requiring a person to 24
take stated action, including action to disclose information or 25
publish advertisements, to remedy any adverse consequences 26
of the person's contravention of this Act or a code of conduct. 27
230 Undertakings as to costs 28
If the chief executive applies for an injunction under this 29
division, no undertaking as to damages or costs may be 30
required or made. 31
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Part 9 Injunctions and undertakings
[s 231]
Division 2 Undertakings 1
231 Chief executive may seek undertaking after 2
contravention 3
(1) This section applies if the chief executive reasonably believes 4
a person has contravened or been involved in a contravention 5
of this Act or the code of conduct. 6
(2) The chief executive may, by written notice given to the 7
person-- 8
(a) state the act or omission the chief executive believes is 9
the contravention; and 10
(b) ask the person to give the chief executive a written 11
undertaking that the person will not continue or repeat 12
the act or omission. 13
(3) If-- 14
(a) the person gives the undertaking and, if the 15
contravention is conduct consisting of a series of acts or 16
omissions, the person stops the conduct; and 17
(b) the chief executive accepts the undertaking; 18
the chief executive can not start an offence proceeding against 19
the person for the contravention, unless the chief executive 20
withdraws the undertaking under section 233. 21
232 Undertaking about other matter 22
Without limiting section 231, the chief executive may accept 23
an undertaking given by a person about anything for which 24
the chief executive or an inspector has a function or power. 25
Example of type of undertaking for this section-- 26
an undertaking to publish corrective advertising 27
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[s 233]
233 Variation and withdrawal of undertakings 1
(1) If the chief executive accepts the undertaking, it may be 2
varied or withdrawn at any time by-- 3
(a) the person who gave it, but only if the chief executive 4
agrees to the variation or withdrawal; or 5
(b) the chief executive, if the chief executive believes, on 6
reasonable grounds-- 7
(i) that, before it was accepted, the person who gave it 8
contravened this Act, or the repealed Act, in a way 9
unknown to the chief executive; and 10
(ii) had the chief executive known about the 11
contravention, the chief executive would not have 12
accepted the undertaking or would not have 13
accepted it unless its terms were changed. 14
(2) The chief executive may also withdraw the undertaking if the 15
chief executive believes, on reasonable grounds, it is no 16
longer necessary. 17
(3) If the chief executive varies or withdraws, or agrees to the 18
variation or withdrawal of, the undertaking, the chief 19
executive must give the person who gave it written notice of 20
its variation or withdrawal. 21
(4) The variation or withdrawal takes effect when written notice 22
of the variation or withdrawal is received by the person. 23
234 Enforcement of undertakings 24
(1) If the chief executive believes on reasonable grounds a person 25
has contravened a term of an undertaking, the chief executive 26
may apply to the District Court for an order under this section. 27
(2) If the District Court is satisfied that the person has 28
contravened the term, the court may make 1 or more of the 29
following orders-- 30
(a) an order directing the person to comply with the term; 31
(b) an order directing the person to pay to the State an 32
amount that is not more than the direct or indirect 33
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[s 235]
financial benefit obtained by the person from, and 1
reasonably attributable to, the contravention; 2
(c) an order directing the person to pay compensation to 3
someone else who has suffered loss or damage because 4
of the contravention; 5
(d) an order directing the person to give a security bond to 6
the State for a stated period; 7
(e) another order the court considers appropriate. 8
(3) The District Court may order the forfeiture to the State of all 9
or part of a security bond given by a person under subsection 10
(2)(d) if-- 11
(a) the chief executive applies to the court for the order; and 12
(b) the court is satisfied that the person contravened the 13
undertaking during the period for which the bond was 14
given. 15
235 Register of undertakings 16
(1) The chief executive must keep a register of each undertaking 17
given to the chief executive by a person under this division. 18
(2) The register must contain a copy of the undertaking. 19
(3) A person may, on payment of the fee prescribed under a 20
regulation, inspect, or get a copy of details in, the register-- 21
(a) at a place or places decided by the chief executive; or 22
(b) by using a computer. 23
(4) A person may pay the fee, in advance or in arrears, under an 24
arrangement approved by the chief executive. 25
(5) The register may be kept in the way the chief executive 26
considers appropriate. 27
(6) The chief executive may publish information contained in the 28
register on the department's website. 29
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Part 10 General contraventions, evidentiary matters and legal proceedings
[s 236]
Part 10 General contraventions, 1
evidentiary matters and legal 2
proceedings 3
Division 1 General contraventions 4
236 Wrongful conversion and false accounts 5
(1) Subsection (2) applies if a licensee, in the performance of the 6
activities of a licensee, receives an amount belonging to 7
someone else. 8
(2) The licensee must not-- 9
(a) dishonestly convert the amount to the licensee's own or 10
someone else's use; or 11
(b) dishonestly render an account of the amount knowing it 12
to be false in a material particular. 13
Maximum penalty--1000 penalty units or 5 years 14
imprisonment. 15
(3) For a prosecution under subsection (2)(a), it is enough for the 16
prosecution to prove that the licensee dishonestly converted 17
an amount belonging to someone else to the licensee's own 18
use or someone else's use without having to prove that the 19
amount belonged to a particular person. 20
(4) A licensee must not represent that the licensee has received an 21
amount if the licensee knows the licensee did not receive the 22
amount including, for example, by rendering an account for 23
the amount. 24
Maximum penalty--540 penalty units. 25
(5) In this section-- 26
licensee includes a former licensee and a person who is not 27
licensed, but who acts as a licensee. 28
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[s 237]
237 False representations about property 1
(1) A licensee or registered employee must not represent in any 2
way to someone else anything that is false or misleading about 3
the sale or auction of property. 4
Maximum penalty--540 penalty units. 5
(2) Without limiting subsection (1), a representation is taken, for 6
the subsection, to be false or misleading if it would reasonably 7
tend to lead to a belief in the existence of a state of affairs that 8
does not in fact exist, whether or not the representation 9
indicates that that state of affairs does exist. 10
(3) Also, if a person makes a representation about a matter and 11
the person does not have reasonable grounds for making the 12
representation, the representation is taken to be misleading. 13
(4) The onus of establishing that the person had reasonable 14
grounds for making the representation is on the person. 15
(5) It is not a defence to a prosecution under subsection (1) for the 16
defendant to prove that an agreement with the person was 17
terminated or that the person did not enter into an agreement 18
because of the representation. 19
(6) This section does not limit another Act or law about false or 20
misleading representations. 21
Note-- 22
See, for example, the Fair Trading Act 1989, section 40 and the Trade 23
Practices Act 1974 (Cwlth), section 53. 24
(7) In this section-- 25
false or misleading, in relation to a representation, includes 26
the wilful concealment of a material fact in the representation. 27
238 Chief executive's power to ask for substantiation of 28
representations made by licensees or registered 29
employees 30
(1) This section applies if the chief executive believes, on 31
reasonable grounds, that a licensee or registered employee has 32
made a representation in contravention of section 237(1). 33
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[s 239]
(2) The chief executive may, by written notice, ask the person to 1
give to the chief executive written proof that supports the 2
representation. 3
(3) The notice must-- 4
(a) state a day, at least 14 days after the day the notice is 5
given to the person, by which the person must give the 6
proof to the chief executive; and 7
(b) warn the person it is an offence to fail to comply with 8
the notice by the stated day, unless the person has a 9
reasonable excuse for the failure to comply. 10
(4) The person must respond to the notice by the stated day, 11
unless the person has a reasonable excuse for the failure to 12
comply. 13
Maximum penalty--100 penalty units. 14
(5) It is a reasonable excuse for an individual to fail to comply 15
with subsection (4) if complying with the subsection would 16
tend to incriminate the individual. 17
239 False representations about mileage 18
A person must not wilfully represent in any way to someone 19
else anything that is false or misleading about the total 20
distance travelled by a motor vehicle. 21
Maximum penalty--540 penalty units. 22
240 Tampering with odometers 23
(1) A person must not tamper with or replace a motor vehicle's 24
odometer with intent to falsely represent that, at a particular 25
time, the vehicle-- 26
(a) has travelled a distance less than a specified distance; or 27
(b) has travelled a distance more than a specified distance. 28
Maximum penalty--200 penalty units or 2 years 29
imprisonment. 30
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[s 241]
(2) If a court finds a person guilty of an offence against 1
subsection (1), the court may, on its own initiative or on the 2
application of the prosecution or a person who has suffered 3
loss, order the person who committed the offence to 4
compensate the person who suffered loss for loss resulting 5
from the commission of the offence. 6
(3) In any proceeding, the distance shown at any time on the 7
odometer tampered with or replaced is evidence of a false 8
representation by the person who tampered with or replaced 9
the odometer that the vehicle-- 10
(a) has travelled a distance less than a specified distance 11
shown on the odometer; or 12
(b) has travelled a distance more than a specified distance 13
shown on the odometer. 14
(4) Subsection (2) does not limit a court's powers under the 15
Penalties and Sentences Act 1992 or any other law. 16
241 Offence to charge fee for providing documents etc. 17
(1) A licensee or a licensee's employee must not charge a fee for 18
the provision, preparation or completion of a document for a 19
transaction relating to, or arising out of, the performance of a 20
licensee's activities. 21
Maximum penalty--200 penalty units or 1 year's 22
imprisonment. 23
(2) Subsection (1) does not limit the Legal Profession Act 2007, 24
section 24 or 25. 25
242 Offence to ask for, or receive, excess or improper 26
remuneration 27
(1) If an amount is prescribed under a regulation as the maximum 28
amount allowed to a licensee for the performance of a 29
licensee's activities relating to a stated transaction, a licensee 30
must not ask for, or receive, a commission or reward for the 31
transaction greater than the amount allowed under the 32
regulation. 33
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[s 243]
Maximum penalty--200 penalty units or 1 year's 1
imprisonment. 2
(2) If, in a proceeding under subsection (1), an amount is alleged 3
to be payable to the licensee for recouping expenditure 4
lawfully incurred by the licensee in connection with the 5
transaction, the licensee must establish to the court's 6
satisfaction, on the balance of probabilities, that the 7
expenditure was lawfully incurred. 8
(3) If a licensee is convicted of an offence against subsection (1) 9
or fails to satisfy the court under subsection (2) about 10
expenditure incurred, the convicting court must also order the 11
licensee to refund the amount to which the licensee was not 12
entitled to the person from whom it was obtained. 13
(4) Subsection (1) does not prevent the licensee asking for or 14
receiving an amount more than the maximum amount allowed 15
under the regulation if the amount is for GST payable for a 16
supply in relation to the transaction. 17
243 Offence to lend or borrow licence 18
(1) A licensee must not-- 19
(a) lend or hire out the licensee's licence to someone else; 20
or 21
(b) notify or advertise that a licence is available for sale, 22
loan or hire, or on another basis, to someone else, 23
whether licensed or not; or 24
(c) permit or allow someone else to hold out that the person 25
is the holder of the licence issued to the licensee. 26
Maximum penalty--200 penalty units or 2 years 27
imprisonment. 28
(2) A person must not borrow, hire or buy a licensee's licence. 29
Maximum penalty--200 penalty units or 2 years 30
imprisonment. 31
(3) If a person who is not the holder of an appropriate licence or 32
the licensee's substitute has the effective or apparent 33
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[s 244]
management or control of a licensee's business, the licensee is 1
taken to have lent, and the person is taken to have borrowed, 2
the licensee's licence. 3
244 False or misleading statements 4
A person must not, for this Act, state anything to an official 5
the person knows is false or misleading in a material 6
particular. 7
Maximum penalty--200 penalty units or 2 years 8
imprisonment. 9
245 False or misleading documents 10
(1) A person must not, for this Act, give an official a document 11
containing information the person knows is false or 12
misleading in a material particular. 13
Maximum penalty--200 penalty units or 2 years 14
imprisonment. 15
(2) Subsection (1) does not apply to a person if the person, when 16
giving the document-- 17
(a) informs the official, to the best of the person's ability, 18
how it is false or misleading; and 19
(b) if the person has, or can reasonably obtain, the correct 20
information, gives the correct information. 21
(3) A person must not make an entry in a document required or 22
permitted to be made or kept under this Act knowing the entry 23
to be false or misleading in a material particular. 24
Maximum penalty--200 penalty units or 2 years 25
imprisonment. 26
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Part 10 General contraventions, evidentiary matters and legal proceedings
[s 246]
Division 2 Evidentiary matters 1
246 Evidence of tampering by a motor dealer or chattel 2
auctioneer 3
(1) Evidence that a motor vehicle's odometer reading when the 4
vehicle was in the possession of a motor dealer or chattel 5
auctioneer was less than its reading when the dealer or chattel 6
auctioneer took possession of the vehicle is evidence that-- 7
(a) the motor vehicle's odometer was tampered with or 8
replaced; and 9
(b) the dealer or chattel auctioneer contravened section 10
240(1)(a). 11
(2) Evidence that a motor vehicle's odometer was tampered with 12
or replaced to increase the distance shown on the odometer 13
when the vehicle was in a motor dealer's or chattel 14
auctioneer's possession is evidence that the dealer or chattel 15
auctioneer contravened section 240(1)(b). 16
(3) In this section-- 17
possession, of a motor vehicle, includes custody and control 18
of the vehicle. 19
247 Continuing false representation--tampered with 20
odometer 21
(1) This section applies, in any proceeding, if there is evidence 22
(relevant evidence) that a person intentionally tampered with 23
or replaced the odometer of a motor vehicle so that it showed 24
that the vehicle at that time-- 25
(a) had not travelled the distance shown on the odometer 26
before it was tampered with; or 27
(b) had travelled more than the distance shown on the 28
odometer before it was tampered with. 29
(2) The distance shown at any time afterwards on the odometer is 30
evidence of a false representation by a person at that later time 31
that-- 32
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[s 248]
(a) if the relevant evidence relates to subsection (1)(a)--the 1
vehicle had not travelled more than the distance shown 2
on the odometer; or 3
(b) if the relevant evidence relates to subsection (1)(b)--the 4
vehicle had travelled more than the distance shown on 5
the odometer. 6
248 Evidentiary provisions 7
(1) This section applies to a proceeding under this Act. 8
(2) The appointment or power of an inspector must be presumed 9
unless a party, by reasonable notice, requires proof of-- 10
(a) the appointment; or 11
(b) the power to do anything under this Act. 12
(3) A signature purporting to be the signature of the chief 13
executive is evidence of the signature it purports to be. 14
(4) A certificate purporting to be signed by the chief executive, a 15
member of QCAT or the registrar stating any of the following 16
matters is evidence of the matter-- 17
(a) a stated document is-- 18
(i) an order, direction, requirement or decision, or a 19
copy of an order, direction, requirement or 20
decision, given or made under this Act; or 21
(ii) a notice, or a copy of a notice, given under this 22
Act; or 23
(iii) a record, or a copy of a record, kept under this Act; 24
or 25
(iv) a document, or a copy of a document, kept under 26
this Act; 27
(b) on a stated day, a stated person-- 28
(i) was, or was not, the holder of a stated licence or 29
registration certificate under this Act; or 30
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[s 249]
(ii) was given a stated notice, order, requirement or 1
direction under this Act. 2
(5) In this section-- 3
registrar means the principal registrar under the QCAT Act. 4
249 Entries in licensee's documents 5
An entry in a document kept by or belonging to a licensee or 6
found in the licensee's premises is evidence that the entry has 7
been made by or with the authority of the licensee. 8
Division 3 Proceedings 9
250 Proceedings for an offence 10
(1) Subject to subsection (2), a proceeding for an offence against 11
this Act must be taken in a summary way under the Justices 12
Act 1886 within the later of the following-- 13
(a) 1 year after the offence is committed; 14
(b) 6 months after the commission of the offence comes to 15
the complainant's knowledge, but within 2 years after 16
the commission of the offence. 17
(2) A proceeding for an indictable offence may be taken, at the 18
prosecution's election-- 19
(a) by way of summary proceedings under the Justices Act 20
1886; or 21
(b) on indictment. 22
(3) A proceeding against a person for an indictable offence must 23
be before a magistrate if it is a proceeding-- 24
(a) for the summary conviction of the person; or 25
(b) for an examination of witnesses in relation to the charge. 26
(4) If a proceeding for an indictable offence is brought before a 27
justice who is not a magistrate, jurisdiction is limited to taking 28
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[s 250]
or making a procedural action or order within the meaning of 1
the Justices of the Peace and Commissioners for Declarations 2
Act 1991. 3
(5) If-- 4
(a) a person charged with an indictable offence asks at the 5
start of a summary proceeding for the offence that the 6
charge be prosecuted on indictment; or 7
(b) the magistrate hearing a charge of an indictable offence 8
considers the charge should be prosecuted on 9
indictment; 10
the magistrate-- 11
(c) must not decide the charge as a summary offence; and 12
(d) must proceed by way of a committal proceeding. 13
(6) If a magistrate acts under subsection (5)-- 14
(a) any plea of the person charged, made at the start of the 15
proceeding, must be disregarded; and 16
(b) any evidence brought in the proceeding before the 17
magistrate decided to act under subsection (5) is taken 18
to be evidence in the proceeding for the committal of the 19
person for trial or sentence; and 20
(c) before committing the person for trial or sentence, the 21
magistrate must make a statement to the person under 22
the Justices Act 1886, section 104(2)(b). 23
(7) The maximum penalty that may be imposed on a summary 24
conviction of an indictable offence is 200 penalty units or 1 25
year's imprisonment. 26
(8) In this section-- 27
indictable offence means an offence against this Act for 28
which the maximum penalty of imprisonment is more than 2 29
years. 30
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[s 251]
251 Responsibility for acts or omissions of representatives 1
(1) This section applies in a proceeding for an offence against this 2
Act. 3
(2) If it is relevant to prove a person's state of mind about a 4
particular act or omission, it is enough to show-- 5
(a) the act was done or omitted to be done by a 6
representative of the person within the scope of the 7
representative's actual or apparent authority; and 8
(b) the representative had the state of mind. 9
(3) An act done or omitted to be done for a person by a 10
representative of the person within the scope of the 11
representative's actual or apparent authority is taken to have 12
been done or omitted to be done also by the person, unless the 13
person proves the person could not, by the exercise of 14
reasonable diligence, have prevented the act or omission. 15
(4) In this section-- 16
offence includes a contravention of this Act for which an 17
amount may be ordered by the District Court or QCAT to be 18
paid as a money penalty. 19
representative means-- 20
(a) of a corporation--an executive officer, employee or 21
agent of the corporation; or 22
(b) of an individual--an employee or agent of the 23
individual. 24
state of mind, of a person, includes-- 25
(a) the person's knowledge, intention, opinion, belief or 26
purpose; and 27
(b) the person's reasons for the intention, opinion, belief or 28
purpose. 29
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[s 252]
252 Executive officers must ensure corporation complies 1
with Act 2
(1) The executive officers of a corporation must ensure that the 3
corporation complies with this Act. 4
(2) If a corporation commits an offence against a provision of this 5
Act, each of the executive officers of the corporation also 6
commit an offence, namely, the offence of failing to ensure 7
that the corporation complies with the provision. 8
Maximum penalty--the penalty for the contravention of the 9
provision by an individual or, if the penalty is expressed to be 10
for this section, the expressed penalty. 11
(3) Evidence that the corporation has been convicted of an 12
offence against a provision of this Act is evidence that each of 13
the executive officers committed the offence of failing to 14
ensure that the corporation complies with the provision. 15
(4) However, it is a defence for an executive officer to prove 16
that-- 17
(a) if the officer was in a position to influence the conduct 18
of the corporation in relation to the offence--the officer 19
took all reasonable steps to ensure the corporation 20
complied with the provision; or 21
(b) the officer was not in a position to influence the conduct 22
of the corporation in relation to the offence. 23
(5) For subsection (4)(a), it is sufficient for the executive officer 24
to prove that the act or omission that was the offence was 25
done or made without the officer's knowledge despite the 26
officer having taken all reasonable steps to ensure the 27
corporation complied with the provision. 28
253 Power of court 29
(1) A court may, in addition to any other penalty it may impose, 30
order that a licensee's licence or a registered employee's 31
registration certificate be suspended for a stated period or 32
cancelled if the licensee or registered employee has been 33
convicted of an offence against this Act. 34
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Part 11 General
[s 254]
(2) The court may also order that a person convicted of an offence 1
against this Act be disqualified from holding a licence or 2
registration certificate under this Act for a stated period or 3
permanently. 4
(3) The court may make an order under subsection (1) or (2)-- 5
(a) on the chief executive's application; or 6
(b) on its own initiative. 7
(4) If an order is made by a court under this section on the court's 8
own initiative, the court must cause a copy of the order to be 9
given to the chief executive. 10
254 Allegations of false or misleading representations or 11
statements etc. 12
In any proceeding for an offence against this Act involving a 13
false or misleading statement, representation or entry, or false 14
or misleading information, it is enough for a charge to state 15
that the statement, representation, entry or information was 16
`false or misleading'. 17
Part 11 General 18
255 Public warning statements 19
(1) The Minister or chief executive may make or issue a public 20
statement identifying and giving warnings or information 21
about any of the following-- 22
(a) contraventions of a code of conduct that have resulted in 23
disciplinary action and persons who commit the 24
contraventions; 25
(b) business practices regulated under this Act that are 26
unfair and persons who engage in the unfair practices; 27
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[s 256]
(c) the commission of offences against this Act and persons 1
who commit the offences. 2
(2) The statement may identify particular contraventions, 3
business practices, offences and persons. 4
(3) The Minister or chief executive must not make or issue a 5
statement under this section unless satisfied that it is in the 6
public interest to do so. 7
256 Civil remedies not affected 8
Nothing in this Act affects or limits any civil remedy that a 9
person may have against a licensee or another person for any 10
matter. 11
257 Criminal Proceeds Confiscation Act 2002 not limited 12
Nothing in this Act limits the Criminal Proceeds Confiscation 13
Act 2002. 14
258 Delegation--chief executive 15
(1) The chief executive may delegate the chief executive's 16
powers, other than power under section 255, to an 17
appropriately qualified public service employee. 18
(2) In subsection (1)-- 19
appropriately qualified includes having the qualifications, 20
experience or standing appropriate to exercise the power. 21
Example of standing-- 22
the level at which a person is employed within the department 23
259 Approved forms 24
The chief executive may approve forms for use under this 25
Act. 26
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[s 260]
260 Review of Act 1
(1) The Minister must ensure the operation of this Act is 2
reviewed. 3
(2) The review must start within 3 years after the commencement 4
of this section. 5
(3) The Minister must table in the Legislative Assembly a report 6
on the outcome of the review as soon as practicable after the 7
review is finished. 8
261 Regulation-making power 9
(1) The Governor in Council may make regulations under this 10
Act. 11
(2) Without limiting subsection (1), a regulation may be made 12
about the following-- 13
(a) fees, including the refunding of fees payable under this 14
Act; 15
(b) the amount of fees and rate of commission that may be 16
charged for transactions by licensees; 17
(c) imposing a penalty for a contravention of a regulation of 18
not more than 20 penalty units; 19
(d) the keeping or destruction of motor vehicle identifiers; 20
(e) the display at a motor dealer's registered office of the 21
motor dealer's usual hours of business; 22
(f) imposing time limits within which a del credere agent 23
must pay the purchase price of livestock the agent is 24
authorised to sell to the seller of the livestock; 25
(g) the financial or insurance protection requirements for 26
del credere agents; 27
(h) imposing limits on out-of-pocket expenses incurred in 28
the performance of activities under a licence; 29
(i) the keeping of records, including the form in which a 30
record is kept; 31
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Part 12 Transitional provisions
[s 262]
(j) the keeping of receipts and evidence of expenditure; 1
(k) the length of time a document required to be kept under 2
this Act is to be kept. 3
Part 12 Transitional provisions 4
Note-- 5
See also the Property Agents Act 2010, part 15, for transitional 6
provisions for persons who under that part are taken to hold chattel 7
auctioneer licences or registration certificates as trainee chattel 8
auctioneers. 9
Division 1 Preliminary 10
262 Definitions for pt 12 11
In this part-- 12
commencement means commencement of this section. 13
existing licence means a motor dealer's licence under the 14
repealed Act. 15
existing registration certificate means a registration 16
certificate as a motor salesperson under the repealed Act. 17
transitioned licence see section 263(2). 18
transitioned registration certificate see section 264(2). 19
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[s 263]
Division 2 Licences and registration 1
certificates 2
263 Transitioned licences for existing licences 3
(1) This section applies to a person who, immediately before the 4
commencement, held an existing licence. 5
(2) The person, on the commencement, is taken to be the holder 6
of a motor dealer licence (the transitioned licence). 7
(3) If the existing licence was subject to a condition (the current 8
condition), the transitioned licence is also taken to be subject 9
to a condition in the same terms, so far as practicable, as the 10
current condition. 11
(4) The transitioned licence expires on the day it would have 12
expired under the repealed Act unless it is sooner cancelled. 13
(5) The chief executive may deal with the transitioned licence as 14
if it were a licence issued under this Act. 15
Example of dealing with a transitioned licence under this Act-- 16
the chief executive amending the conditions of the transition licence 17
under section 51 18
264 Transitioned registration certificates for existing 19
registration certificates 20
(1) This section applies to a person who, immediately before the 21
commencement, held an existing registration certificate. 22
(2) The person, on the commencement, is taken to be the holder 23
of a registration certificate as a motor salesperson under this 24
Act (the transitioned registration certificate). 25
(3) If the existing registration certificate was subject to a 26
condition (the current condition), the transitioned registration 27
certificate is also taken to be subject to a condition in the same 28
terms, so far as practicable, as the current condition. 29
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[s 265]
(4) A transitioned registration certificate expires on the day it 1
would have expired under the repealed Act unless it is sooner 2
cancelled. 3
(5) The chief executive may deal with a transitioned registration 4
certificate as if it were a registration certificate issued under 5
this Act. 6
Example of dealing with the transitioned registration certificate under this 7
Act-- 8
The chief executive amending the conditions of the transitioned 9
registration certificate under section 201. 10
265 Existing applications 11
(1) This section applies to the following applications made under 12
the repealed Act but not decided before the commencement-- 13
(a) an application for the issue of an existing licence or 14
existing registration certificate; 15
(b) an application for the renewal of an existing licence or 16
existing registration certificate; 17
(c) an application for the restoration of an existing licence 18
or existing registration certificate; 19
(d) an application about appointing a nominated person 20
mentioned in the repealed Act, section 64(3) or 65(4) as 21
a licensee's substitute licensee; 22
(e) an application about amending an existing licence or 23
existing registration certificate. 24
(2) The application must be decided under this Act and the 25
provisions of this Act, relevant to the application, apply to the 26
application. 27
(3) However, the provisions of this Act dealing with making the 28
application in the approved form and paying the application 29
fee do not apply to the application. 30
(4) If the application is about the issue, renewal or restoration of 31
an existing licence, the application is taken to be about the 32
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[s 266]
issue, renewal or restoration of the transitioned licence for the 1
existing licence. 2
(5) If the application is about the issue, renewal or restoration of 3
an existing registration certificate, the application is taken to 4
be about the issue, renewal or restoration of the transitioned 5
registration certificate for the existing registration certificate. 6
(6) If an application is about the renewal or restoration of an 7
existing licence, the transitioned licence for the existing 8
licence is taken to continue in force from the day the 9
transitioned licence would, apart from this subsection, expire 10
until the application for renewal or restoration is-- 11
(a) decided under this Act; or 12
(b) withdrawn. 13
(7) If an application is about the renewal or restoration of an 14
existing registration certificate, the transitioned registration 15
certificate for the existing certificate is taken to continue in 16
force from the day the transitioned registration certificate 17
would, apart from this subsection, expire until the application 18
for renewal or restoration is-- 19
(a) decided under this Act; or 20
(b) withdrawn. 21
266 Restoration of expired existing licences 22
(1) This section applies if a person's existing licence expired 23
within 3 months before the commencement. 24
(2) The person may apply under this Act, section 42, for 25
restoration of the existing licence, as if the existing licence 26
were a motor dealer licence. 27
Note-- 28
Section 42(2)(a) requires that an application for restoration be made 29
within 3 months after the expiry. 30
(3) To remove any doubt, it is declared that section 44 applies to 31
the existing licence. 32
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[s 267]
267 Restoration of expired existing registration certificates 1
(1) This section applies if a person's existing registration 2
certificate expired within 3 months before the 3
commencement. 4
(2) The person may apply under section 197 for restoration of the 5
existing registration certificate, as if the existing registration 6
certificate were a motor salesperson registration certificate. 7
Note-- 8
Section 197(2)(a) requires that an application for restoration be made 9
within 3 months after the expiry. 10
(3) To remove any doubt, it is declared that section 199 applies to 11
the existing registration certificate. 12
268 Previous refusals of applications 13
(1) This section applies to a person who made an application for 14
the issue of an existing licence or existing registration 15
certificate under the repealed Act and the application was 16
refused before the commencement. 17
(2) The person can not make an application for a licence or 18
registration certificate under this Act-- 19
(a) for 3 months after the day the chief executive gave the 20
person an information notice for the refusal; or 21
(b) if the applicant applies to QCAT to review the chief 22
executive's decision and the decision is confirmed, for 3 23
months after the day the decision is confirmed. 24
(3) This section does not apply to a person if-- 25
(a) the person is a corporation; and 26
(b) the person satisfies the chief executive that, because of a 27
genuine sale-- 28
(i) no person who was a shareholder of, or held a 29
beneficial interest in, the corporation when the 30
refused application was made is a shareholder of, 31
or holds a beneficial interest in, the corporation; 32
and 33
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Part 12 Transitional provisions
[s 269]
(ii) no person who was in a position to control or 1
influence the affairs of the corporation when the 2
refused application was made is in a position to 3
control or influence the affairs of the corporation. 4
269 Deactivated existing licences 5
(1) Subsection (2) applies to an existing licence that, immediately 6
before the commencement, was deactivated under the 7
repealed Act. 8
(2) The licence continues to be deactivated under this Act and 9
section 54 applies to the licence as if the licence were a motor 10
dealer licence deactivated under this Act. 11
(3) A request to deactivate an existing licence, made under the 12
repealed Act and not decided before the commencement, must 13
be decided under this Act and section 54 applies to the 14
request. 15
270 Suspended existing licences and existing registration 16
certificates 17
(1) This section applies to an existing licence or existing 18
registration certificate that was, immediately before the 19
commencement, suspended under the repealed Act. 20
(2) The existing licence or existing registration certificate 21
continues to be suspended under this Act. 22
(3) The provisions of this Act relating to the suspension of a 23
licence apply to the existing licence as if the existing licence 24
were a licence under this Act. 25
(4) The provisions of this Act relating to the suspension of a 26
registration certificate apply to the existing registration 27
certificate as if the existing registration certificate were a 28
registration certificate under this Act. 29
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Part 12 Transitional provisions
[s 271]
Division 3 Miscellaneous provisions 1
271 Existing appointments 2
(1) An appointment or an agreement to act as a motor dealer 3
under the repealed Act that is in force immediately before the 4
commencement and complies with the repealed Act (an 5
existing appointment), continues to be a valid appointment to 6
act as a motor dealer under this Act according to its terms. 7
(2) An appointment, under the repealed Act, by the chief 8
executive of a nominated person mentioned in the repealed 9
Act, section 64(3) or 65(4) as an existing licensee's substitute 10
licensee that is in force immediately before the 11
commencement continues to be a valid appointment under 12
this Act according to its terms. 13
272 Disciplinary action relating to pre-commencement 14
conduct 15
(1) If, before the commencement, a ground existed for starting 16
disciplinary action against a person under the repealed Act, 17
disciplinary action may be taken against the person on that 18
ground under this Act as if the ground were a ground for 19
starting disciplinary proceedings under this Act. 20
(2) If, before the commencement, QCAT had started, but not 21
finished, disciplinary action under the repealed Act, the action 22
may be finished under the repealed Act as if that Act had not 23
been repealed. 24
273 Continuation of reviews under repealed Act 25
(1) Subsection (2) applies if-- 26
(a) a person applied to QCAT, under the repealed Act, 27
section 501 for a review of a decision of the chief 28
executive; and 29
(b) the review had not been decided before the 30
commencement. 31
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[s 274]
(2) QCAT may hear, or continue to hear, and decide the review 1
under the repealed Act as if that Act had not been repealed. 2
(3) Subsections (4) and (5) apply if-- 3
(a) a person could have applied, under the repealed Act, 4
section 501 for a review of a decision of the chief 5
executive; but 6
(b) the person had not applied before the commencement. 7
(4) The person may apply for a review of the decision under the 8
repealed Act as if that Act had not been repealed. 9
(5) QCAT may hear and decide the review under the repealed 10
Act. 11
274 Injunctions relating to pre-commencement conduct 12
(1) Subsections (2) to (5) apply to an injunction granted by the 13
District Court under the repealed Act and in force 14
immediately before the commencement. 15
(2) The injunction continues to be a valid injunction under this 16
Act according to its terms. 17
(3) The provisions of this Act relating to injunctions apply to the 18
injunction. 19
(4) If the injunction was granted against a person to whom section 20
263 applies and relates to the person's existing licence, from 21
the commencement, the injunction is taken to relate to the 22
person's transitioned licence under section 263(2). 23
(5) If the injunction was granted against a person to whom section 24
264 applies and relates to the person's existing registration 25
certificate, from the commencement, the injunction is taken to 26
relate to the person's transitioned registration certificate under 27
section 264(2). 28
(6) In addition to section 227, the District Court may also grant an 29
injunction if the court is satisfied that a person has, before the 30
commencement, engaged in conduct that constituted-- 31
(a) a contravention of the repealed Act or the repealed code 32
of conduct; or 33
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Part 12 Transitional provisions
[s 275]
(b) an attempt to contravene the repealed Act or the 1
repealed code of conduct; or 2
(c) aiding, abetting, counselling or procuring a person to 3
contravene the repealed Act or the repealed code of 4
conduct; or 5
(d) inducing or attempting to induce, whether by threats, 6
promises or otherwise, a person to contravene the 7
repealed Act or the repealed code of conduct; or 8
(e) being in any way, directly or indirectly, knowingly 9
concerned in, or party to, the contravention by a person 10
of the repealed Act or the repealed code of conduct; or 11
(f) conspiring with others to contravene the repealed Act or 12
the repealed code of conduct. 13
(7) Subsection (6) does not limit section 227. 14
275 Undertakings relating to pre-commencement conduct 15
(1) Subsections (2) to (5) apply to an undertaking given by a 16
person to the chief executive under the repealed Act. 17
(2) The undertaking continues to be a valid undertaking under 18
this Act according to its terms. 19
(3) The provisions of this Act relating to undertakings apply to 20
the undertaking. 21
(4) If the undertaking was given by a person to whom section 263 22
applies and relates to the person's existing licence, from the 23
commencement, the undertaking is taken to relate to the 24
person's transitioned licence under section 263(2). 25
(5) If the undertaking was given by a person to whom section 264 26
applies and relates to the person's existing registration 27
certificate, from the commencement, the undertaking is taken 28
to relate to the person's transitioned registration certificate 29
under section 264(2). 30
(6) If the chief executive reasonably believes a person has, before 31
the commencement, contravened or been involved in a 32
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Part 12 Transitional provisions
[s 276]
contravention of the repealed Act or repealed code of conduct, 1
section 231 of this Act applies as if-- 2
(a) a reference in that section to this Act were a reference to 3
the repealed Act; and 4
(b) a reference in that section to the code of conduct were a 5
reference to the repealed code of conduct. 6
(7) If, before the commencement, the chief executive applied to 7
the District Court for an order under the repealed Act, section 8
571 and the District Court has not decided the application, the 9
application may be heard under the repealed Act as if that Act 10
had not been repealed. 11
276 Proceedings for particular offences under repealed Act 12
(1) This section applies if a person is alleged to have committed 13
an offence against a provision of chapter 9 of the repealed Act 14
before the commencement. 15
(2) Without limiting the Acts Interpretation Act 1954, section 20, 16
proceedings for the offence may be started or continued, and a 17
court may hear and decide the proceedings, as if the repealed 18
Act had not been repealed. 19
(3) Subsection (2) applies despite the Criminal Code, section 11. 20
277 Existing infringement notice offences 21
(1) This section applies if-- 22
(a) an infringement notice offence under the State Penalties 23
Enforcement Act 1999 was committed by a person 24
before the commencement; and 25
(b) no infringement notice under that Act had been served 26
before the commencement on the person for the offence. 27
(2) Without limiting the Acts Interpretation Act 1954, section 20, 28
an infringement notice may be served on the person and the 29
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Part 12 Transitional provisions
[s 278]
infringement notice may be dealt with as if the repealed Act 1
had not been repealed. 2
(3) Subsection (2) applies despite the Criminal Code, section 11. 3
278 Existing delegations 4
On the commencement, a delegation of power made by the 5
chief executive under the repealed Act, section 597, continues 6
to have effect according to its terms as a delegation made 7
under section 258 of the power under the Act that is 8
equivalent or substantially similar to the delegated power 9
under the repealed Act. 10
279 Existing registers 11
(1) On the commencement-- 12
(a) the licence register kept under the repealed Act is taken 13
to be the licence register under this Act; and 14
(b) the registration certificate register kept under the 15
repealed Act is taken to be the registration certificate 16
register under this Act; and 17
(c) the register kept under the repealed Act, section 572 is 18
taken to be the register of undertakings. 19
(2) In this section-- 20
register of undertakings means the register kept under section 21
235. 22
280 Existing fines and fees 23
(1) A fine ordered to be paid by QCAT or the former tribunal to 24
the chief executive under the repealed Act that has not been 25
paid before the commencement may be recovered after the 26
commencement as a debt owing to the chief executive in a 27
court with jurisdiction to recover debts up to the amount of the 28
fine. 29
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Part 13 Minor and consequential amendments
[s 281]
(2) A fee incurred under the repealed Act that has not been paid 1
before the commencement may be recovered after the 2
commencement as a debt owing to the chief executive in a 3
court with jurisdiction to recover debts up to the amount of the 4
fine. 5
281 Return of beneficial interest if in form of commission 6
(1) Subsections (2) and (3) apply if, under section 276, a person is 7
convicted of an offence against the repealed Act, section 8
292(2) or (3) Act after the commencement. 9
(2) The repealed Act, section 292A applies to the person and the 10
court convicting the person as if the repealed Act had not been 11
repealed. 12
Part 13 Minor and consequential 13
amendments 14
282 Minor and consequential amendments 15
Schedule 2 amends the Acts it mentions. 16
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Schedule 1
Schedule 1 Decisions subject to review 1
section 219 2
section 21(2) (Chief executive must consider suitability of
applicants and licensees)
section 32(1) (Chief executive may issue or refuse to issue
licence)
section 35(1) (Licence--conditions)
section 40(1) (Chief executive may renew or refuse to
renew licence)
section 43(1) (Chief executive may restore or refuse to
restore licence)
section 48(1) (Chief executive may appoint or refuse to
appoint substitute licensee)
section 51(1) (Amendment of licence conditions)
section 55(2) (Immediate suspension)
section 186(2) (Chief executive must consider suitability of
applicants)
section 192(1) (Chief executive may issue or refuse to issue
registration certificate)
section 193(1) (Registration certificate--conditions)
section 195(1) (Chief executive may renew or refuse to
renew registration certificate)
section 198(1) (Chief executive may restore or refuse to
restore registration certificate)
section 201(1) (Amendment of registration certificate
conditions)
section 204(2) (Immediate suspension)
Page 195
Motor Dealers and Chattel Auctioneers Bill 2010
Schedule 2
Schedule 2 Consequential amendments 1
section 282 2
Part 1 Amendments of this Act 3
1 Long title, from `practices, and to make'-- 4
omit, insert-- 5
`practices'. 6
2 Section 8, `schedule 3'-- 7
omit, insert-- 8
`schedule 2'. 9
3 Schedule 3-- 10
renumber as schedule 2. 11
Part 2 Other amendments 12
Criminal Organisation Act 2009 13
1 Schedule 2, definition prescribed activity, paragraph (f)-- 14
omit, insert-- 15
`(f) acting as a licensed motor dealer under the Motor 16
Dealers and Chattel Auctioneers Act 2010;'. 17
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Schedule 2
Duties Act 2001 1
1 Schedule 6, definition vehicle dealer, paragraph (a), 2
`Property Agents and Motor Dealers Act 2000'-- 3
omit, insert-- 4
`Motor Dealers and Chattel Auctioneers Act 2010'. 5
Forestry Act 1959 6
1 Section 22, from `an auctioneer's'-- 7
omit, insert-- 8
`a chattel auctioneer licence under the Motor Dealers and Chattel 9
Auctioneers Act 2010.'. 10
Motor Vehicles and Boats Securities Act 1986 11
1 Section 2, definition auctioneer-- 12
omit, insert-- 13
`auctioneer means a chattel auctioneer under the Motor 14
Dealers and Chattel Auctioneers Act 2010.'. 15
2 Section 30H(1)(d), `Property Agents and Motor Dealers 16
Act 2000'-- 17
omit, insert-- 18
`Motor Dealers and Chattel Auctioneers Act 2010'. 19
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Schedule 2
Police Powers and Responsibilities Act 2000 1
1 Section 66(8), definition motor dealer, `Property Agents 2
and Motor Dealers Act 2000'-- 3
omit, insert-- 4
`Motor Dealers and Chattel Auctioneers Act 2010'. 5
Queensland Civil and Administrative Tribunal Act 6
2009 7
1 Section 12(4), definition relevant person, paragraph (e), 8
`Property Agents and Motor Dealers Act 2000, section 9
248 or 324'-- 10
omit, insert-- 11
`Motor Dealers and Chattel Auctioneers Act 2010, section 112 or 12
166'. 13
2 Section 13(4)(a), `Property Agents and Motor Dealers Act 14
2000, section 324'-- 15
omit, insert-- 16
`Motor Dealers and Chattel Auctioneers Act 2010, section 112 or 17
166'. 18
3 Schedule 3, definition minor civil dispute, item 1(d), 19
`Property Agents and Motor Dealers Act 2000, section 20
248 or 324'-- 21
omit, insert-- 22
`Motor Dealers and Chattel Auctioneers Act 2010, section 112 or 23
166'. 24
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Schedule 2
Second-hand Dealers and Pawnbrokers Act 2003 1
1 Section 6(2)(b)-- 2
omit, insert-- 3
`(b) a chattel auctioneer, motor dealer or motor salesperson 4
under the Motor Dealers and Chattel Auctioneers Act 5
2010 to the extent the person may lawfully deal with 6
second-hand property under the person's licence or 7
registration certificate under that Act;'. 8
2 Section 6(4)(a)-- 9
omit, insert-- 10
`(a) a chattel auctioneer under the Motor Dealers and 11
Chattel Auctioneers Act 2010;'. 12
3 Section 35(2)(b), from `an auctioneer'-- 13
omit, insert-- 14
`a chattel auctioneer licensed under the Motor Dealers and Chattel 15
Auctioneers Act 2010.'. 16
Transport Operations (Road Use Management) Act 17
1995 18
1 Section 46A(1)(a)(i), `Property Agents and Motor Dealers 19
Act 2000'-- 20
omit, insert-- 21
`Motor Dealers and Chattel Auctioneers Act 2010'. 22
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Schedule 3
Schedule 3 Dictionary 1
section 8 2
actually expended, for expenses, means the amount actually 3
incurred after deducting-- 4
(a) the amount of any benefit, received or receivable, 5
directly or indirectly, in connection with the expenses 6
by the person seeking to sue for, recover or retain the 7
expenses; or 8
(b) if the benefit has no fixed amount--the market value of 9
the benefit. 10
Administration Act means the Agents Financial 11
Administration Act 2010. 12
Agents Act means-- 13
(a) the Commercial Agents Act 2010; or 14
(b) the Property Agents Act 2010. 15
application for review see section 219. 16
approved form see section 259. 17
arrangement includes agreement, promise, scheme, 18
transaction (with or without consideration), understanding 19
and undertaking (whether express or implied). 20
associate, of a person, means-- 21
(a) a spouse, parent, brother, sister or child of the person; or 22
(b) a child of the person's spouse. 23
audit period, see section 30 of the Administration Act. 24
audit report, see section 30 of the Administration Act. 25
beneficial interest, other than for section 32(6)(b)(i), see 26
section 9. 27
business address, of a licensee, see 16(1)(b). 28
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Schedule 3
business associate, of an applicant for a licence or a licensee, 1
means a person with whom the applicant or licensee carries 2
on, or intends carrying on, business under a licence. 3
business day, for part 3, division 4, see section 83. 4
caravan means a trailer fitted, equipped, or used principally-- 5
(a) for camping; or 6
(b) as a dwelling; or 7
(c) for carrying on any trade or business. 8
chattel auctioneer-- 9
(a) generally, see section 127(1); and 10
(b) for part 4, division 4, see also section 150. 11
chattel auctioneer licence means a chattel auctioneer licence 12
issued under this Act. 13
claimant, for part 7, see section 212. 14
claim fund see section 76 of the Administration Act. 15
class A warranted vehicle means a warranted vehicle that-- 16
(a) at the day of its sale, has an odometer reading of less 17
than 160000km; and 18
(b) was manufactured less than 10 years before the day of 19
sale. 20
class B warranted vehicle means a warranted vehicle that-- 21
(a) at the day of its sale, has an odometer reading of 22
160000km or more; or 23
(b) was manufactured at least 10 years before the day of 24
sale. 25
code of conduct means-- 26
(a) for motor dealing practice--a code of conduct under 27
section 79; or 28
(b) for chattel auctioneering practice--a code of conduct 29
under section 146. 30
commencement, for part 12, see section 262. 31
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Schedule 3
commercial vehicle means a motor vehicle-- 1
(a) built mainly for carrying or hauling goods; or 2
(b) designed to carry more than 9 persons; 3
but does not include a utility with a nominal load carrying 4
capacity of 1t or less. 5
comparable certificate means-- 6
(a) for a registration certificate as a motor salesperson--a 7
registration certificate as a motor salesperson granted 8
under the repealed Act; or 9
(b) for a registration certificate as a trainee chattel 10
auctioneer--a registration certificate as a trainee 11
auctioneer granted under the repealed Act. 12
comparable licence means-- 13
(a) for a motor dealer licence--a motor dealer's licence 14
granted under the repealed Act; or 15
(b) for a chattel auctioneer licence--an auctioneer's licence 16
granted under the repealed Act. 17
computer means a mechanical, electronic or other device for 18
the processing of data. 19
consignment, for the sale of a motor vehicle, means the 20
delivering of the motor vehicle by a person into the possession 21
of a motor dealer or chattel auctioneer and the appointing of 22
the motor dealer or chattel auctioneer as an agent to sell the 23
vehicle for the vehicle's owner. 24
conviction includes a plea of guilty or a finding of guilt by a 25
court, but does not include a plea of guilty or a finding of guilt 26
by a court if no conviction is recorded by the court. 27
cooling-off period, for part 3, division 4, see section 83. 28
corresponding law means a law of another State or New 29
Zealand that provides for the same matter as this Act or a 30
provision of this Act. 31
criminal history, of a person, means the person's criminal 32
history as defined under the Criminal Law (Rehabilitation of 33
Offenders) Act 1986, other than for a conviction-- 34
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Schedule 3
(a) to which the rehabilitation period under the Criminal 1
Law (Rehabilitation of Offenders) Act 1986 has expired 2
under that Act; and 3
(b) that is not revived as prescribed by section 11 of that 4
Act. 5
criminal history costs requirement see-- 6
(a) generally for an applicant or licensee--section 25(2); or 7
(b) for an applicant for, or for the renewal or restoration of, 8
registration--section 188(2). 9
defect-- 10
(a) for part 3, division 5, see section 99; or 11
(b) for part 4, division 4, see section 150. 12
defect notice-- 13
(a) for part 3, division 5, see section 99; or 14
(b) for part 4, division 4, see section 150. 15
del credere agent means a chattel auctioneer who-- 16
(a) is authorised under the auctioneer's chattel auctioneer 17
licence to sell livestock; and 18
(b) guarantees the payment of the livestock's purchase price 19
to the seller of the livestock. 20
employ includes engage on a contract for services or 21
commission and use the services of, whether or not for 22
reward. 23
employed licensee means a licensee who performs the 24
activities of a licensee as the employee of someone else. 25
employment register-- 26
(a) of a motor dealer, see section 117(1); or 27
(b) of a chattel auctioneer, see section 171(1). 28
executive officer, for a corporation, means any person, by 29
whatever name called and whether or not the person is a 30
director of the corporation, who is concerned, or takes part, in 31
the management of the corporation. 32
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Schedule 3
existing licence, for part 12, see section 262. 1
existing registration certificate, for part 12, see section 262. 2
financial loss, for part 7, see section 212. 3
financier means a corporation whose ordinary business 4
(whether or not it carries on any other business) is providing 5
credit for motor vehicles and that does not carry on the 6
business of dealing with motor vehicles other than for 1 or 7
more of the following purposes-- 8
(a) selling motor vehicles on instalment terms; 9
(b) hiring motor vehicles under hire-purchase agreements; 10
(c) putting in place or enforcing securities over motor 11
vehicles; 12
(d) hiring motor vehicles, if no right to purchase the motor 13
vehicle is included in the hiring of any vehicle; 14
(e) disposing of motor vehicles acquired by it in connection 15
with a purpose mentioned in paragraphs (a) to (d). 16
former licensee-- 17
(a) generally, means a person who held a licence under this 18
or the repealed Act; and 19
(b) for part 8, see section 215. 20
former registered employee, for part 8, see section 215. 21
former tribunal means the tribunal under the repealed 22
Commercial and Consumer Tribunal Act 2003. 23
fund means the claim fund. 24
goods means personal property that is tangible property and 25
includes, for example, livestock and motor vehicles. 26
holder-- 27
(a) of a motor dealer licence, means the person in whose 28
name the licence is issued; or 29
(b) of a registration certificate, means the person in whose 30
name the certificate is issued. 31
in charge see section 10. 32
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Schedule 3
information notice means a notice complying with the QCAT 1
Act, section 157(2). 2
insolvent under administration means a person who is 3
insolvent under administration under the Corporations Act, 4
section 9. 5
inspector means a person whose appointment as an inspector 6
is continued under the Property Agents Act 2010, section 292. 7
licence means a motor dealer licence or a chattel auctioneer 8
licence. 9
licence register see section 61(1). 10
licensed, for a person, means licensed under this Act. 11
licensee-- 12
(a) generally, means the holder of a motor dealer or chattel 13
auctioneer licence that is in force; and 14
(b) for part 7, see also section 212. 15
(c) for part 8, see also section 215. 16
livestock means cattle, horses, sheep or swine. 17
misleading includes deceptive. 18
motor dealer-- 19
(a) generally, see section 63(1); and 20
(b) for part 3, division 5, see also section 99. 21
motor dealer licence means a motor dealer licence issued 22
under this Act. 23
motor salesperson means a person who holds a registration 24
certificate as a motor salesperson. 25
motor vehicle see section 11. 26
non-refundable deposit, for part 3, division 4, see section 83. 27
obstruct includes hinder, delay and attempt to obstruct. 28
obtain-- 29
(a) for part 3, division 2, subdivision 4, see section 75; or 30
(b) for part 4, division 2, subdivision 5, see section 139. 31
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Schedule 3
official means-- 1
(a) the chief executive; or 2
(b) an inspector; or 3
(c) a public service employee. 4
option to purchase includes a right granted or purportedly 5
granted, but not immediately exercisable, to purchase or to be 6
given an option to purchase. 7
principal licensee means a licensee that carries on business 8
under the licensee's licence on the licensee's own behalf. 9
registered employee-- 10
(a) generally, means a person registered under this Act as a 11
motor salesperson or trainee chattel auctioneer; or 12
(b) for part 8, see also section 215. 13
registered office-- 14
(a) of a motor dealer, see section 114; or 15
(b) of a chattel auctioneer, see section 168. 16
registration certificate means a registration certificate issued 17
under section 192. 18
registration certificate register see section 209(1). 19
relevant person, for part 7, see section 212. 20
repair period-- 21
(a) for part 3, division 5, see section 99; or 22
(b) for part 4, division 4, see section 150. 23
repealed Act means the repealed Property Agents and Motor 24
Dealers Act 2000. 25
repealed code of conduct means-- 26
(a) the code of conduct under the repealed Property Agents 27
and Motor Dealers (Motor Dealing Practice Code of 28
Conduct) Regulation 2001; or 29
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Schedule 3
(b) the code of conduct under the repealed Property Agents 1
and Motor Dealers (Auctioneering Practice Code of 2
Conduct) Regulation 2001. 3
representation includes a statement, promise, publication and 4
other representation made in any way. 5
respondent, for part 9, see section 225. 6
reward includes remuneration of any kind including, for 7
example, any fee, commission or gain. 8
sale by auction means the sale of property in any way 9
commonly known and understood to be by auction. 10
sell includes agree to sell, advertise or display for sale, 11
attempt to sell, have for sale, negotiate for a sale, and in any 12
way be concerned in selling. 13
serious offence means any of the following offences 14
punishable by 3 or more years imprisonment-- 15
(a) an offence involving fraud or dishonesty; 16
(b) an offence involving the trafficking of drugs; 17
(c) an offence involving the use or threatened use of 18
violence; 19
(d) an offence of a sexual nature; 20
(e) extortion; 21
(f) arson; 22
(g) unlawful stalking. 23
statutory warranty-- 24
(a) for part 3, division 5, see section 99; or 25
(b) for part 4, division 4, see section 150. 26
statutory write-off means a motor vehicle recorded on a 27
TORUM register as a statutory write-off. 28
time of taking possession-- 29
(a) for part 3, division 5, see section 99; or 30
(b) for part 4, division 4, see section 150. 31
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TORUM register means a register kept under a regulation 1
under the Transport Operations (Road Use Management) Act 2
1995. 3
trainee chattel auctioneer means a person who holds a 4
registration certificate as a trainee chattel auctioneer. 5
transactions register see section 118. 6
transitioned licence, for part 12, see section 262. 7
transitioned registration certificate, for part 12, see section 8
262. 9
trust account, means a trust account required to be kept under 10
section 211. 11
unwarranted vehicle means a used motor vehicle that does 12
not have a statutory warranty. 13
used imported vehicle means a motor vehicle that-- 14
(a) has been imported into Australia under the Motor 15
Vehicle Standards Act 1989 (Cwlth); and 16
(b) is intended to be used in transport in Australia within the 17
meaning of that Act. 18
but does not include a motor vehicle that has been supplied to 19
the market in full volume in Australia within the meaning of 20
that Act and the Motor Vehicle Standards Regulations 1989 21
(Cwlth). 22
used motor vehicle-- 23
(a) generally, means-- 24
(i) a motor vehicle that has, at any time, been licensed 25
or registered, whether under a law of this State or 26
another State; or 27
(ii) a motor vehicle that, had it not been registered as 28
mentioned in subparagraph (i) for use for 29
demonstration or sales promotion, would have 30
been a new motor vehicle; or 31
(iii) a used imported vehicle; and 32
(b) for part 3, division 4, see section 83. 33
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Schedule 3
warranted vehicle means a used motor vehicle other than-- 1
(a) an unregistered motor vehicle that is-- 2
(i) incapable of being registered in Queensland 3
because of its design; or 4
(ii) a written-off vehicle; or 5
(b) a motor vehicle sold on consignment, unless the owner 6
of the vehicle is a motor dealer or chattel auctioneer; or 7
(c) a commercial vehicle; or 8
(d) a caravan; or 9
(e) a motorcycle. 10
warrantor-- 11
(a) for part 3, division 5, see section 99; or 12
(b) for part 4, division 4, see section 150. 13
warranty advice-- 14
(a) for part 3, division 5, see section 99; or 15
(b) for part 4, division 4, see section 150. 16
warranty period-- 17
(a) for part 3, division 5, see section 99; or 18
(b) for part 4, division 4, see section 150. 19
written-off vehicle means a motor vehicle recorded on a 20
TORUM register as-- 21
(a) a repairable write-off; or 22
(b) a statutory write-off. 23
© State of Queensland 2010
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