Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 258

258 Disciplinary action relating to pre-commencement conduct

(1) Subsection (2) applies if, before the commencement, a ground existed for starting disciplinary action under PAMDA against a former licensee or former registered employee.

(2) Prescribed action may be taken against the former licensee or former registered employee on that ground under the relevant Act as if the ground were a ground for starting a proceeding for the prescribed action under the relevant Act.

(3) If, before the commencement, QCAT had started but not finished disciplinary action under PAMDA, the action may be finished under PAMDA as if that Act had not been repealed.

(4) If the decision under subsection (3) applies to a licence or registration certificate under PAMDA that is a transitioned licence or licences or transitioned certificate, the decision must be given effect under the relevant Act in relation to the transitioned licence or licences or transitioned certificate.

(5) In this section—

"former licensee" means a person who held a licence under PAMDA at any time within 3 years before a proceeding is started under subsection (2).

"former registered employee" means a person who held a registration certificate under PAMDA at any time within 1 year before a proceeding is started under subsection (2).

"prescribed action" means—

(a) for the Debt Collectors Act—making an order under section 116 of that Act; or

(b) otherwise—disciplinary action.

"relevant Act" , for a licence or registration certificate under PAMDA that is not a transitioned licence, means the relevant Act for the licence or licences or registration certificate that the licence or certificate would have become under section 239(2) or 240(2) if it had still been in force immediately before the commencement.