Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 188

188 Orders QCAT may make in a marketeer proceeding

(1) This section applies if, in a marketeer proceeding, QCAT is satisfied a marketeer has contravened section 207 , 208 or 209 .

(2) QCAT may make 1 or more of the following orders—

(a) an order that the marketeer pay to the State, within the period stated in the order, an amount of not more than the equivalent of—

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

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

(b) if the marketeer is the holder of a licence or registration certificate when the order is made, an order—

(i) imposing conditions on, or amending or revoking the conditions of, the marketeer’s licence or registration certificate; or

(ii) that the marketeer’s licence or registration be suspended for a stated period; or

(iii) the marketeer’s licence or registration certificate be cancelled;

(c) if the marketeer is not the holder of a licence or registration certificate when the order is made—an order that the marketeer be disqualified, for a stated period, of not more than 5 years, from holding a licence or registration certificate;

(d) if the marketeer is a corporation—an order, that an individual who is an executive officer of the corporation, be disqualified, for a stated period, of not more than 5 years, from holding a licence;

(e) if the marketeer is an executive officer of a corporation—an order that the marketeer be disqualified permanently, or for the period stated in the order, from being an executive officer of a corporation that holds a licence;

(f) an order restricting the way the marketeer conducts the business of the sale, or promotion of the sale, or provision of a service in connection with the sale, of residential property in Queensland for a stated period, of not more than 5 years;

(g) an order that the marketeer pay to a person who has suffered financial loss, a stated amount of compensation decided by QCAT of not more than the limit of a Magistrates Court’s civil jurisdiction;

(h) another order QCAT considers appropriate to ensure the marketeer complies with this Act.

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

(4) However, QCAT may make an order under subsection (2) (a) or (f) against a marketeer who is not licensed or a real estate salesperson only on the basis of evidence, submissions and other information received in accordance with the evidentiary law and practice applicable to a civil proceeding in a Magistrates Court.

(5) QCAT must decide to make an order for compensation if—

(a) QCAT proposes to make an order requiring a marketeer to pay an amount to the chief executive under subsection (2) (a) (i) and to pay compensation under subsection (2) (g) ; and

(b) the marketeer does not have the financial resources to pay both.

(6) The executive officers of a corporation are jointly and severally liable to pay an amount not paid by the corporation if—

(a) QCAT orders the corporation to pay an amount to the chief executive under subsection (2) (a) (ii) or compensation under subsection (2) (g) ; and

(b) the corporation does not have the financial resources to pay either or both.

(7) It is a defence to a liability under subsection (6) for an executive officer to prove that—

(a) if the officer was in a position to influence the conduct of the corporation relating to the relevant contravention—the officer took all reasonable steps to ensure the relevant contravention did not happen; or

(b) the officer was not in a position to influence the conduct of the corporation relating to the relevant contravention.

(8) For subsection (7) (a) , it is sufficient for the executive officer to prove the act or omission that was the relevant contravention was done or made without the officer’s knowledge despite the officer having taken all reasonable steps to ensure the relevant contravention did not happen.

(9) In this section—

"relevant contravention" , in relation to a corporation, means the contravention by the corporation of section 207 , 208 or 209 .