Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 186

186 Orders QCAT may make on disciplinary hearing

(1) QCAT may make 1 or more of the following orders against a person in relation to whom QCAT finds grounds exist to take disciplinary action under this Act—

(a) an order reprimanding the person;

(b) an order that the person pay to the State, within the period stated in the order, a fine of not more than—

(i) for an individual—200 penalty units; or

(ii) for a corporation—1,000 penalty units;

(c) an order that the person pay compensation (inclusive of any commission to which the person is not entitled) to someone else who has suffered loss or damage because of the act or omission that resulted in the finding;

(d) that the person be disqualified permanently, or for the period stated in the order, from holding a licence or registration certificate;

(e) another order QCAT considers appropriate to ensure the person complies with this Act.

(2) If the person is the holder of a licence or registration certificate, QCAT may also make 1 or more of the following orders against the person—

(a) an order that the person’s licence or registration certificate be suspended for the period stated in the order;

(b) an order that the licence or registration certificate be cancelled;

(c) for a licensed individual who is an executive officer of a corporation, an order that the individual be disqualified permanently from being an executive officer of a corporation that holds a licence permanently or for a stated period;

(d) an order imposing conditions on, or amending or revoking the conditions of, the person’s licence or registration certificate.

(3) If QCAT makes an order mentioned in subsection (2) (b) against an individual, QCAT must also make an order that the person be disqualified for a stated period or permanently from holding a licence or registration certificate.

(4) QCAT may not make an order under this section disqualifying the person from holding a licence or registration certificate if QCAT is satisfied a court has, for the grounds giving rise to the disciplinary proceeding—

(a) been asked to make an order under section 227 (3) disqualifying the person from holding a licence or registration certificate; and

(b) declined to do so.

(5) The chief executive may recover a fine, ordered by QCAT to be paid by the person to the chief executive, as a debt owing to the chief executive in a court with jurisdiction to recover debts up to the amount of the fine.