Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 67

67 Appointment of substitute licensee—employed licensee or real estate salesperson in charge of a principal licensee’s business at a place

(1) This section applies if an employed licensee or real estate salesperson in charge of a principal licensee’s business at a place (the
"relevant person" ) will be absent from the place for any reason, other than the relevant person’s resignation or termination of employment.

(2) If the relevant person will be absent from the place for a period of not more than 30 days, the principal licensee may appoint an adult as—

(a) the employed licensee’s substitute licensee for the period if the adult consents to the appointment; or

(b) the real estate salesperson’s substitute real estate salesperson for the period if the adult consents to the appointment.

(3) The principal licensee must ensure an appointment under subsection (2) and the person’s consent to the appointment are—

(a) in writing and state the period of appointment; and

(b) kept at the principal licensee’s registered office; and

(c) made available for immediate inspection by an inspector who asks to see them.

Penalty—

Maximum penalty—100 penalty units.

(4) If the relevant person will be absent from the place for a period of more than 30 days, the principal licensee who employs the relevant person must apply to the chief executive in the approved form for the appointment or the extension of the appointment of an adult (
"nominated person" ) as—

(a) the employed licensee’s substitute licensee; or

(b) the real estate salesperson’s substitute real estate salesperson.

Penalty—

Maximum penalty—200 penalty units.

(5) The application must be accompanied by—

(a) the nominated person’s signed consent to the appointment; and

(b) enough information about the nominated person to enable the chief executive to decide whether the person—

(i) either—

(A) if the relevant person is an employed licensee—is, under division 8 , a suitable person to hold a licence; or

(B) if the relevant person is a real estate salesperson—is, under part 5 , division 4 , a suitable person for registration as a real estate salesperson; and

(ii) is sufficiently qualified to perform the relevant person’s activities during the period; and

(c) the application fee prescribed under a regulation; and

(d) if, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.

(6) In this section—

"principal licensee" includes—

(a) for a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000 —the licensee’s administrator; and

(b) for a deceased licensee—the licensee’s personal representative.