Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 260

260 Undertakings relating to pre-commencement conduct

(1) An existing undertaking continues to be a valid undertaking under the relevant Act according to its terms.

(2) The provisions of the relevant Act relating to undertakings apply to an existing undertaking.

(3) If an existing undertaking relates to a person’s existing licence, the undertaking is taken to relate to the person’s transitioned licence.

(4) If an existing undertaking relates to a person’s existing registration certificate, the undertaking is taken to relate to the person’s transitioned licence or licences or transitioned certificate.

(5) If the chief executive reasonably believes a person has, before the commencement, contravened or been involved in a contravention of PAMDA or a repealed code of conduct, the chief executive may ask for an undertaking under the relevant Act as if—

(a) a reference to ‘this Act’ in the provisions of the relevant Act about undertakings were a reference to PAMDA; and

(b) a reference to a ‘prescribed conduct provision’ in the provisions of the relevant Act about undertakings were a reference to the repealed code of conduct.

(6) If, before the commencement—

(a) the chief executive applied to the District Court for an order under PAMDA, section 571; and

(b) the District Court has not decided the application;

the application may be heard and decided under PAMDA as if it had not been repealed.

(7) In this section—

"existing undertaking" means an undertaking given by a person under PAMDA and in force immediately before the commencement.

"relevant Act" means—

(a) for an undertaking relating to conduct, or conduct, of a kind regulated by the Debt Collectors Act—the Debt Collectors Act; or

(b) for an undertaking relating to conduct, or conduct, of a kind regulated by the Motor Dealers and Chattel Auctioneers Act—the Motor Dealers and Chattel Auctioneers Act; or

(c) for an undertaking relating to conduct, or conduct, of a kind regulated by this Act—this Act.