Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 71

71 Amendment of licence conditions

(1) The chief executive may amend the conditions of a licence—

(a) on the licensee’s application; or

(b) on the order of QCAT after a disciplinary hearing; or

(c) on the chief executive’s own initiative.

Note—

QCAT may deal with the conditions of a person’s licence under section 186 .

(2) An application under subsection (1) (a) must be made in the approved form and be accompanied by the application fee prescribed under a regulation.

(3) Before deciding to make an amendment under subsection (1) (a) , the chief executive must be satisfied the licensee meets the requirements the chief executive considers the licensee must meet to be eligible for the amendment.

(4) Before deciding to make an amendment under subsection (1) (c) , the chief executive must—

(a) give written notice to the licensee—

(i) of the particulars of the proposed amendment; and

(ii) that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and

(b) have regard to submissions made to the chief executive by the licensee before the stated day.

(5) Subsection (4) does not apply if the chief executive decides that the amendment must be made urgently—

(a) to avoid potential claims against the fund; or

(b) to ensure compliance with this Act or the Administration Act .

(6) If the chief executive decides to amend the conditions of a licence under subsection (1) (c) , the chief executive must give the licensee an information notice about the decision within 14 days after making the decision.

(7) The amendment takes effect—

(a) on the day written notice of the amendment is given to the licensee; or

(b) if a later day is stated in the notice, on the stated day.

(8) If the chief executive decides to refuse to make an amendment requested under subsection (1) (a) , the chief executive must give the applicant an information notice about the decision within 14 days after making the decision.