Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 32

32 Particular persons can not make application

(1) A disqualified person can not make an application for a licence during the period for which the disqualified person is disqualified.

(2) A corporation that was the holder of a licence that was cancelled can not make an application for a licence unless the corporation satisfies the chief executive that, because of a genuine sale—

(a) no person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the corporation; and

(b) no person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the corporation.

(3) A person who made an application for a licence that was refused can not make an application for a licence of the same category as the licence for which the person applied—

(a) for 3 months after the day the chief executive gives the person an information notice for the decision; or

(b) if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.

(4) Subsection (3) does not apply if—

(a) the applicant is a corporation; and

(b) the applicant satisfies the chief executive that, because of a genuine sale—

(i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and

(ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.

(5) In this section—

"disqualified person" means a person who, as a consequence of an order made by QCAT under section 186 or 188 or a court under section 227 or 228 , is disqualified from holding a licence.