Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 84

84 Who must be in charge of a property agent’s business at a place

(1) A property agent who is an individual and a principal licensee must—

(a) be in charge of the agent’s business at the agent’s registered office; and

(b) if the property agent has more than 1 place of business—ensure the following at each other place of business—

(i) for a place of business that is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the agent’s business at the place of business; or

(ii) for a place of business that is not a resident letting agency—

(A) if the agent is an auctioneer—an auctioneer who is an individual is in charge of the auctioneer’s business at the place of business; or

(B) if the agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to conditions, is in charge of the agent’s real estate agency business at the place of business.

Penalty—

Maximum penalty—200 penalty units.

(2) A property agent that is a corporation and a principal licensee (a
"corporate agent" ) must—

(a) ensure—

(i) if the corporate agent is an auctioneer—the individual in charge of the corporate agent’s auctioneer business at its registered office is an auctioneer; or

(ii) if the corporate agent is a real estate agent—the individual in charge of the corporate agent’s real estate agency business at its registered office is a real estate agent; and

(b) if the corporate agent has more than 1 place of business—ensure the following at each other place of business—

(i) that is a resident letting agency—a real estate agent, or resident letting agent, who is an individual is in charge of the corporate agent’s business at the place of business;

(ii) that is not a resident letting agency—

(A) if the corporate agent is an auctioneer—an auctioneer who is an individual is in charge of the corporate agent’s auctioneer business at the place of business; or

(B) if the corporate agent is a real estate agent—a real estate agent who is an individual, or a real estate salesperson whose registration certificate is not subject to any conditions, is in charge of the corporate agent’s real estate agency business at the place of business.

Penalty—

Maximum penalty—

(a) for an individual guilty under the Criminal Code , chapter 2 of an offence—200 penalty units; or

(b) for a corporation—1,000 penalty units.

(3) An individual must not be in charge of a property agent’s business at more than 1 place.

Penalty—

Maximum penalty—200 penalty units.

(4) It is not an offence against subsection (1) or (2) for a property agent who is an individual to be in charge of more than 1 place of business if each place of business is on land contiguous to land on which the other place of business is located.

(5) For subsection (4) , land is
"contiguous" with other land only if the parcels of land have a common boundary that is not separated by a public road.

(6) In this section—

"resident letting agency" means a place of business at which the only business carried on is the business of a resident letting agent.