Queensland Consolidated Acts

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AGENTS FINANCIAL ADMINISTRATION ACT 2014 - SECT 100

Deciding claims

100 Deciding claims

(1) The chief executive may decide to allow the claim, wholly or partly, or reject the claim.
(2) However, the chief executive may decide to allow the claim only if satisfied, on the balance of probabilities, that the person may make the claim under division 2 .
(3) The chief executive must have regard to the following when deciding the claim—
(a) the parties’ comments given under section 96 (2) ;
(b) any information or document given under section 98 ;
(c) any report prepared by an inspector under section 93 .
(4) The chief executive must decide the claim without a hearing.
(5) If the chief executive decides to allow the claim, wholly or partly, the chief executive must—
(a) take into account—
(i) any amount the claimant might reasonably have received or recovered if not for the claimant’s neglect or default; and
(ii) any amount ordered to be paid to the claimant as compensation under the Property Occupations Act 2014 , section 188 , 204 or 228 ; and
(b) decide the amount of the claimant’s financial loss; and
(c) name the respondent who is liable for the claimant’s financial loss.



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