Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 172

172 Grounds for starting disciplinary proceedings

(1) The following are grounds for starting a disciplinary proceeding against a licensee or real estate salesperson under section 173 —

(a) the licensee or salesperson has been convicted of an indictable offence or an offence against this Act or the Administration Act ;

(b) the licensee or salesperson has contravened or breached—

(i) this Act; or

(ii) the Administration Act ; or

(iii) a prescribed conduct provision; or

(iv) an undertaking given under part 10 , division 2 ; or

(v) a corresponding law;

(c) the licensee or salesperson has been disqualified from holding an authorisation, similar to a licence or registration certificate, under a corresponding law;

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

(e) the licensee or salesperson fraudulently or improperly obtained, or helped someone else to fraudulently or improperly obtain, a licence or registration certificate;

(f) the licensee or salesperson has failed to comply with an order made by a court, the former tribunal or QCAT;

(g) for a licensee—

(i) the licensee is not a suitable person to hold a licence; or

(ii) the licensee has carried on, or is carrying on, business under a licence with someone who is not a suitable person to hold a licence; or

(iii) the licensee has, in carrying on a business or performing an activity, been incompetent or acted in an unprofessional way; or

(iv) the licensee has failed to ensure the licensee’s employed licensees or real estate salespersons, or employees under the licensee’s supervision—

(A) are properly supervised in the performance of their duties; or

(B) comply with this Act; or

(v) the licensee has failed to comply with a condition of the licensee’s licence; or

(vi) the licensee is an executive officer of a corporation in relation to which QCAT makes an order under section 186 ; or

(vii) if the licensee is a corporation, an executive officer of the corporation is not a suitable person to hold a licence;

(h) for a real estate salesperson—

(i) the salesperson is not eligible to be employed as a real estate salesperson; or

(ii) the salesperson has, in performing an activity of a licensee, been incompetent or acted in an unprofessional way.

(2) The chief executive must not start a disciplinary proceeding against an executive officer under subsection (1) (g) (vi) if the chief executive is satisfied—

(a) the act or omission relevant to the proceeding against the corporation was done or made without the executive officer’s knowledge; and

(b) the executive officer could not, with reasonable diligence, have prevented the doing of the act or the making of the omission.