Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 49H

49H Security instruments

(1) This section applies if an instrument is received from the purchaser of a proposed lot as security for the payment of an amount under the contract for the sale of the lot—

(a) by a recognised entity on behalf of the original proprietor; or

(b) by any other person on behalf of the original proprietor; or

(c) by the original proprietor.

Example of an instrument for subsection (1)—

bank guarantee

(2) For subsection (1) (a) , the recognised entity must keep the instrument at the prescribed place until—

(a) the instrument is returnable to the purchaser according to law; or

(b) the instrument is given to the issuer of the security in exchange for the amount it secures.

Penalty—

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(3) The amount given in exchange for the instrument under subsection (2) (b) is trust money.

(4) The amount given must be—

(a) held by the recognised entity who held the instrument in the entity’s prescribed trust account; and

(b) dealt with by the recognised entity in accordance with this division and the law governing the operation of the entity’s prescribed trust account.

Penalty—

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(5) For subsection (1) (b) , the person must give the instrument directly to a recognised entity.

Penalty—

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(6) For subsection (1) (c) , the original proprietor must give the instrument directly to a recognised entity.

Penalty—

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(7) If the instrument is given to a recognised entity under subsection (5) or (6) , subsections (2) , (3) and (4) apply as if the instrument were received from the purchaser by the recognised entity on behalf of the original proprietor as provided in subsection (1) (a) .

(8) In this section—

"prescribed place" means—

(a) for a recognised entity that is a law practice—an office of the practice in Queensland; or

(b) for a recognised entity that is the public trustee—an office of the public trustee in Queensland; or

(c) for a recognised entity that is a real estate agent—the office of the real estate agency in which the agent carries on the business of a real estate agent.