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PROPERTY OCCUPATIONS ACT 2014 - SECT 228
Power of court for particular offences
228 Power of court for particular offences
(1) A court may, in addition to any other penalty it may impose on a person
convicted of an offence against section 202 (6) , 211 (1) or 219 (1) , order
that— (a) if the person is a licensee or a real estate salesperson—the
licensee’s licence or real estate salesperson’s registration certificate
be suspended for a stated period or cancelled; or
(b) whether or not the
person is a licensee or a real estate salesperson—the person be disqualified
from holding a licence or registration certificate for a stated period or
permanently.
(2) If the court orders the cancellation of a person’s licence
or registration certificate— (a) for an individual, the court must also
order the person be disqualified, for a stated period or permanently, from
holding a licence or registration certificate; or
(b) otherwise, the court
may also order the person be disqualified, for a stated period or permanently,
from holding a licence or registration certificate.
(3) The court may also
make any other order QCAT may make in a marketeer proceeding. Note— For the
orders QCAT may make, see section 188 .
(4) However, if the court makes an
order that the person pay to another person who has suffered financial loss an
amount for compensation, the court may order the payment of an amount of not
more than the limit of the court’s civil jurisdiction.
(5) The court may
make an order under this section— (a) on the chief executive’s
application; or
(b) on its own initiative.
(6) If the order is made on the
court’s own initiative, the court must cause a copy of the order to be given
to the chief executive.
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