Queensland Consolidated Acts

AGENTS FINANCIAL ADMINISTRATION ACT 2014 - SECT 82

82 Claims

(1) A person may claim against the fund if the person suffers financial loss because of the happening of any of the following events—

(a) a contravention of section 21 or 22 ;

(b) a stealing, misappropriation or misapplication by a relevant person of property entrusted to the person as agent for someone else in the person’s capacity as a relevant person;

(c) the contravention by a relevant person of the Debt Collectors (Field Agents and Collection Agents) Act 2014 , section 133 ;

(d) the contravention by a relevant person of the following provisions of the Motor Dealers and Chattel Auctioneers Act 2014 —

†¢ section 91

†¢ section 92

†¢ section 104 (4)

†¢ section 113

†¢ section 136

†¢ section 137

• section 215

• section 216 ;

(e) a failure of a motor dealer to ensure a person who has bought a motor vehicle sold by or for the dealer gains clear title to the vehicle at the time property in the vehicle passes to the buyer, whether or not the motor dealer contravenes the Motor Dealers and Chattel Auctioneers Act 2014 , section 96 ;

(f) a failure of a chattel auctioneer to ensure a person who has bought a motor vehicle sold by the auctioneer (other than a motor vehicle sold for another auctioneer or a motor dealer) gains clear title to the vehicle at the time property in the vehicle passes to the buyer, whether or not the auctioneer contravenes the Motor Dealers and Chattel Auctioneers Act 2014 , section 142 ;

(g) a contravention by a relevant person of the following provisions of the Property Occupations Act 2014 —

†¢ section 154

†¢ section 155

• section 206

• section 207

• section 208

• section 209

• section 212 .

(2) A person may make a claim against the fund for financial loss relating to a non-investment residential property purchased by the person because of, or arising out of, a marketeering contravention only to the extent the loss is capital loss.

(3) Also, capital loss mentioned in subsection (2) may be claimed only if the loss has been realised as mentioned in section 110 .