Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 138

138 Amendment of registration certificate conditions

(1) The chief executive may amend the conditions of a registration certificate—

(a) on the real estate salesperson’s application; or

(b) on the order of QCAT after a disciplinary hearing; or

(c) on the chief executive’s own initiative.

Note—

QCAT may deal with the conditions of a person’s registration certificate under section 186 .

(2) An application under subsection (1) (a) must be made to the chief executive in the approved form and be accompanied by the application fee prescribed under a regulation.

(3) Before making an amendment under subsection (1) (a) , the chief executive must be satisfied the real estate salesperson meets the eligibility requirements the chief executive considers relevant to the amendment.

(4) Before making an amendment under subsection (1) (c) , the chief executive must—

(a) give written notice to the real estate salesperson—

(i) of the particulars of the proposed amendment; and

(ii) that the real estate salesperson may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the salesperson; and

(b) have regard to submissions made to the chief executive by the real estate salesperson before the stated day.

(5) Subsection (4) does not apply if the chief executive decides the amendment must be made urgently to ensure compliance with this Act or the Administration Act .

(6) If the chief executive decides to amend the conditions of a registration certificate under subsection (1) (c) , the chief executive must give the real estate salesperson an information notice about the decision within 14 days after making the decision.

(7) The amendment takes effect—

(a) on the day the written notice of the amendment is given to the real estate salesperson; or

(b) if a later day is stated in the notice, on the stated day.

(8) If the chief executive decides to refuse to make an amendment requested under subsection (1) (a) , the chief executive must give the real estate salesperson an information notice about the decision within 14 days after making the decision.