Queensland Consolidated Acts

AGENTS FINANCIAL ADMINISTRATION ACT 2014 - SECT 117

117 Application for reimbursement order

(1) This section applies if—

(a) for a claim against the fund—

(i) the chief executive decides to allow, wholly or partly, the claim under section 100 ; and

(ii) the responsible person liable to reimburse the fund under section 116 has not done so as required under a letter of demand given to the person under section 116 (6) ; or

(b) the chief executive has made a special payment under section 115 , and the person who is the holder of the account under part 4 in relation to which the chief executive made the special payment has not reimbursed the fund as required under a letter of demand given to the respondent under section 116 (6) ; or

(c) a person is liable to reimburse the chief executive for a receiver’s remuneration and costs, and has not done so as required under a letter of demand given to the person under section 64 (4) ; or

(d) a person is liable to reimburse the chief executive for an investigator’s remuneration and costs, and has not done so as required under a letter of demand given to the person under section 75 (4) .

(2) In this division, a
"respondent" is a person mentioned in subsection (1) (a) (ii) , (b), (c) or (d).

(3) The chief executive may apply, as provided under the QCAT Act , to QCAT for an order that the respondent reimburse the fund or the chief executive.

(4) The application must be accompanied by the following documents—

(a) if the application relates to the reimbursement of a claim against the fund—a copy of the information notice given under section 102 ;

(b) a copy of the letter of demand given under section 64 (4) , 75 (4) or 116 (6) ;

(c) a statutory declaration by the chief executive stating—

(i) the amount paid from the fund for the special payment or in settlement of the claim, or the amount paid to a receiver or investigator for remuneration and costs; and

(ii) the amount of any payment received from the respondent in satisfaction of the claim, special payment or amount paid to the receiver or investigator.