Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 97

97 Acting as property agent

(1) A person must not, as an agent for someone else for reward, perform an activity that may be done under the authority of a property agent licence unless the person—

(a) holds a property agent licence and the performance of the activity is authorised under the person’s licence; or

(b) is otherwise permitted under this or another Act to perform the activity.

Penalty—

Maximum penalty—200 penalty units or 2 years imprisonment.

(2) A person must not act as a property agent unless—

(a) the person holds a property agent licence and the act is done under the authority of the person’s licence; or

(b) the act is otherwise permitted under this or another Act.

Penalty—

Maximum penalty—200 penalty units or 2 years imprisonment.

(3) Without limiting the ways a person may act as a property agent, a person acts as a property agent if the person—

(a) performs an activity mentioned in section 25 (1) or (2) or 26 (1) ; or

(b) advertises, notifies or states that the person—

(i) performs an activity mentioned in section 25 (1) or (2) or 26 (1) ; or

(ii) is willing to perform an activity mentioned in section 25 (1) or (2) or 26 (1) ; or

(c) in any way holds out as being ready to perform an activity mentioned in section 25 (1) or (2) or 26 (1) .

(4) However—

(a) a person does not act as a property agent only because the person, while performing duties as an employee of a property agent at the property agent’s registered office or other place of business—

(i) collects, and issues receipts for, rents; or

(ii) gives a person a list, prepared by or for the property agent, of premises available for rent; or

(iii) does something of an administrative nature relating to a thing the property agent does as a property agent; and

(b) a person does not act as a real estate agent only because the person collects rents for the provider of rooming accommodation, as an employee of the provider, if the rents are collected in the course of providing rooming accommodation; and

(c) a lawyer does not act as a real estate agent only because the lawyer collects rents in the lawyer’s practice if the lawyer complies with the requirements of the Legal Profession Act 2007 for the rents; and

(d) a person does not act as a real estate agent only because the person sells, or negotiates the sale of, a manufactured home under an authority given to the person under the Manufactured Homes (Residential Parks) Act 2003 , section 60 .