Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 121

121 Chief executive must consider suitability of applicants

(1) The chief executive must, when deciding whether a person is a suitable person for registration as a real estate salesperson, consider the following things—

(a) the person’s character;

(b) whether the person held a licence or registration under a relevant Act that was suspended or cancelled under the relevant Act;

(c) whether an amount has been paid from the fund because the person did, or omitted to do, something that gave rise to the claim against the fund;

(d) whether the person has been disqualified under a relevant Act from being—

(i) the holder of a licence within the meaning of the relevant Act; or

(ii) the holder of a registration certificate within the meaning of the relevant Act;

(e) whether the person has been disqualified from managing corporations under the Corporations Act ;

(f) whether, within the previous 5 years, QCAT, the former tribunal or the District Court has made an order under this Act or PAMDA adverse to the person;

(g) the person’s criminal history;

(h) if the person is an insolvent under administration—

(i) the circumstances giving rise to the person being an insolvent under administration; and

(ii) whether the person took all reasonable steps to avoid the coming into existence of the circumstances that resulted in the person being an insolvent under administration; and

(iii) whether the person is in a position to influence significantly the management of a licensee’s business;

(i) whether the person has been convicted of an offence against a relevant Act or the Administration Act ;

(j) whether the person is capable of satisfactorily performing the activities of a real estate salesperson;

(k) whether the person’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ;

Note—

See the Corporations Act , section 1274AA (Register of disqualified company directors and other officers).

(l) another thing the chief executive may consider under this Act.

(2) If the chief executive decides a person is not a suitable person for registration as a real estate salesperson, the chief executive must give the person an information notice about the decision within 14 days after the decision is made.

(3) In this section—

"fund" includes the claim fund under PAMDA .

"relevant Act" means this Act, an Agents Act, PAMDA or a corresponding law.