Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 40

40 Investigations about suitability of applicants and licensees

(1) The chief executive may make investigations about the following persons to help the chief executive decide whether a person is a suitable person to hold a licence—

(a) an applicant mentioned in section 33 (1) or a licensee;

(b) if the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction;

(c) if the applicant or licensee is a corporation—the corporation’s executive officers;

(d) a business associate of the applicant or licensee.

(2) Without limiting subsection (1) , the chief executive may ask the commissioner of the police service for a report about the criminal history of any of the persons.

(3) The commissioner must give the report to the chief executive.

(4) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

(5) If the person’s criminal history includes a conviction recorded against the person, the commissioner’s report must be written.

(6) In this section—

"applicant" includes a nominated person mentioned in section 66 (3) or 67 (4) .