Queensland Consolidated Acts

AGENTS FINANCIAL ADMINISTRATION ACT 2014 - SECT 47

47 When receiver may be appointed

(1) If the chief executive believes, on reasonable grounds, defalcation has, or may have, been committed in relation to an agent’s trust account, the chief executive may appoint a receiver if—

(a) the agent consents to the appointment; or

(b) the chief executive—

(i) gives the agent written notice—

(A) stating the chief executive proposes to appoint a receiver on the ground that defalcation has, or may have, been committed in relation to the agent’s trust account; and

(B) outlining the facts and circumstances forming the basis for the ground; and

(C) inviting the agent to show, in writing, within a stated time of at least 21 days, why the appointment should not be made; and

(ii) after considering any written representations given within the stated time, still considers the ground exists.

Note—

Under the Judicial Review Act 1991 , part 4 , a person aggrieved by an administrative decision of the chief executive can ask the chief executive to give a written statement of reasons for the decision, if they are not given. See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision) for what the chief executive must set out in the reasons.

(2) The chief executive may immediately appoint a receiver if the chief executive believes, on reasonable grounds, a person can not obtain payment or delivery of trust property held for the person by an agent because of—

(a) the agent’s mental or physical infirmity; or

(b) the agent’s death; or

(c) the abandonment of the agent’s business; or

(d) if the agent is a licensee—

(i) the agent’s disqualification from holding a licence; or

(ii) the cancellation or suspension of the agent’s licence; or

(iii) a refusal to renew the agent’s licence; or

(iv) the expiry of the agent’s licence.