Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 255

255 Applications for restoration of expired licences or registration certificates not made before commencement

(1) This section applies if—

(a) a person’s licence or registration certificate under PAMDA expired before the commencement; and

(b) the person did not apply for the restoration of the licence or certificate before the commencement; and

(c) 3 months have not passed from the day the licence or certificate expired.

(2) The person may apply for the restoration of the expired licence or registration certificate under the relevant Act as if the expired licence or registration certificate were the following (the
"relevant authority" )—

(a) for an expired licence—the licence or licences that the expired licence would have become under section 239 if it had still been in force immediately before the commencement;

(b) for an expired registration certificate other than a registration certificate as a commercial agent—the registration certificate or licence or licences that the expired registration certificate would have become under section 240 if it had still been in force immediately before the commencement;

(c) for an expired registration certificate as a commercial agent—registration as a subagent under the Debt Collectors Act.

(3) For the purposes of—

(a) the application; and

(b) deciding the application; and

(c) restoring the expired licence or registration certificate; and

(d) any review or appeal in relation to the application;

the expired licence or registration certificate is taken to be the relevant authority.

(4) If an application for the restoration of the expired licence or registration certificate is made under the relevant Act, the licence or registration certificate is taken to continue in force, as the relevant authority, until the application is—

(a) decided under the relevant Act; or

(b) withdrawn under the relevant Act.

(5) To remove any doubt, it is declared that if the application is granted, the restoration must be given effect as if the expired licence or registration certificate were the relevant authority.