Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 42

42 Costs of criminal history report

(1) The chief executive may require an applicant mentioned in section 33 (1) or a licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 40 about—

(a) the applicant or licensee; or

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

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

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

(e) if the applicant has made an application under section 66 (3) or 67 (4) —the person nominated by the applicant under section 66 (3) or 67 (4) .

(2) The requirement is a
"criminal history costs requirement" .

(3) The chief executive may notify the applicant or licensee of the requirement to pay a criminal history costs requirement—

(a) in the approved form; or

(b) on the department’s website; or

(c) in a written notice given by the chief executive to the applicant or licensee.

(4) If the criminal history costs requirement is made in a written notice given by the chief executive to the applicant or licensee, the notice must include a requirement for the costs to be paid within a stated reasonable period.

(5) The applicant or licensee is taken to have withdrawn the application if, within the stated reasonable period, the applicant or licensee fails to comply with the chief executive’s requirement to pay the criminal history costs requirement.

(6) The chief executive must refund to the applicant or licensee an amount paid under the requirement if—

(a) the chief executive refuses the application without asking for the report; or

(b) the applicant or licensee withdraws the application before the chief executive asks for the report.

(7) In this section—

"applicant" includes proposed applicant.