Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 36

36 Chief executive must consider suitability of applicants and licensees

(1) The chief executive must consider the following things in deciding whether a person is a suitable person to hold a licence—

(a) the character of the person;

(b) the character of the person’s business associates;

(c) whether the person held a licence or registration certificate under a relevant Act that was suspended or cancelled under the relevant Act;

(d) whether an amount has been paid from the fund because the person did, or omitted to do, something that gave rise to the claim against the fund;

(e) whether the person has been disqualified under a relevant Act from being the holder of a licence, registration certificate or similar authorisation;

(f) whether the person has been disqualified from managing corporations under the Corporations Act ;

(g) whether, within the preceding 5 years, QCAT, the former tribunal or the District Court has made an order under this Act or PAMDA adverse to the person;

(h) for an individual—

(i) the individual’s criminal history; and

(ii) whether the individual has been an insolvent under administration; and

(iii) whether the individual has been convicted of an offence against a relevant Act or the Administration Act ; and

(iv) whether the individual is capable of satisfactorily performing the activities of a licensee; and

(v) whether the individual’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ;

Note—

See the Corporations Act , section 1274AA (Register of disqualified company directors and other officers).

(i) for a corporation—

(i) whether the corporation has been placed in receivership or liquidation; and

(ii) whether an executive officer of the corporation has been an insolvent under administration; and

(iii) whether the corporation or an executive officer of the corporation has been convicted of an offence against a relevant Act or the Administration Act ; and

(iv) whether each executive officer of the corporation is a suitable person to hold a licence;

(j) another thing the chief executive may consider under this Act.

(2) If the chief executive decides a person is not a suitable person to hold a licence, the chief executive must give the person an information notice about the decision within 14 days after making the decision.

(3) In this section—

"fund" includes the claim funds under PAMDA and the repealed Auctioneers and Agents Act 1971 .

"relevant Act" means this Act, an Agents Act, PAMDA or a corresponding law.