Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 185

185 Stopping particular conduct

(1) This section applies if a marketeer proceeding has been started against a marketeer and, on the chief executive’s application, QCAT is satisfied, or is satisfied there is a reasonable suspicion, that the marketeer—

(a) has contravened or is contravening section 207 , 208 or 209 ; or

(b) is likely or proposing to engage in conduct that would contravene section 207 , 208 or 209 .

(2) QCAT may, by order, prohibit the marketeer from engaging in conduct that, alone or together with other conduct, is a contravention of section 207 , 208 or 209 , until the end of the marketeer proceeding.

(3) QCAT may make an order under this section on the chief executive’s application made without notice to the marketeer but, in that case, QCAT must allow the marketeer a reasonable opportunity to show cause why the order should not be confirmed.

(4) If QCAT, after considering the marketeer’s evidence and representations, if any, and any further evidence or representations of the chief executive, is not satisfied the order should continue in force, QCAT must cancel the order.

(5) A person must not contravene an order under this section.

Penalty—

Maximum penalty—540 penalty units.

(6) In a proceeding against a person under this Act, the making of an order under this section is evidence of the facts or circumstances giving rise to the making of the order.

(7) An order under this section has effect on the giving of a copy of the order to the marketeer.