Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"Administration Act" means the Agents Financial Administration Act 2014 .

"Agents Act" means—

(a) the Debt Collectors (Field Agents and Collection Agents) Act 2014 ; or

(b) the Motor Dealers and Chattel Auctioneers Act 2014 .

(a) a property agent who acts, for a sale of property, in conjunction with a property agent appointed for section 102 to sell the property; or

(b) a spouse, parent, brother, sister or child of the person; or

Note—

A reference to a spouse includes a de facto partner. For definitions of
"spouse" and
"de facto partner" , see the Acts Interpretation Act 1954 , section 32DA and schedule 1 .

(c) a child of the person’s spouse.

(a) a body corporate under the Building Units and Group Titles Act 1980 ; or

(b) a body corporate for a leasehold building units plan under the South Bank Corporation Act 1989 ; or

(c) a body corporate under the Body Corporate and Community Management Act 1997 ; or

(d) a community body corporate under the Mixed Use Development Act 1993 .

(a) a building on a single building units plan under the Building Units and Group Titles Act 1980 ; or

(b) a building or buildings on a single group titles plan under the Building Units and Group Titles Act 1980 ; or

(c) a building or buildings shown on a single leasehold building units plan under the South Bank Corporation Act 1989 ; or

(d) a building or buildings on scheme land in a single community titles scheme or a layered arrangement of community title schemes under the Body Corporate and Community Management Act 1997 ; or

(e) a building on the site for a mixed use scheme under the Mixed Use Development Act 1993 .

(a) 3 or more residential properties; or

(b) a lot in a community titles scheme as part of the sale of management rights to the person who is to become the letting agent for the community titles scheme.

(a) real estate agent salesperson;

(b) pastoral house salesperson;

(c) property developer salesperson;

(d) trainee auctioneer.

(a) for a property agent licence, means any of the following licences under that Act—

(i) real estate agent’s licence;

(ii) pastoral house auctioneer’s licence;

(iii) pastoral house licence;

(iv) pastoral house director’s licence;

(v) pastoral house manager’s licence;

(vi) auctioneer’s licence; or

(b) for a resident letting agent licence, means a resident letting agent licence under that Act.

(a) to which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b) that is not revived as prescribed by section 11 of that Act.

(a) generally, for an applicant or licensee†” section 42 (2) ; or

(b) for an applicant for, or for the renewal or restoration of, registration as a real estate salesperson or a real estate salesperson†” section 124 (2) .

(a) engage on a contract for services or commission and use the services of, whether or not for reward; and

(b) directly engage a person as an independent contractor; and

(c) engage a person from a labour hire provider.

(a) of a property agent licence that is in force, means the person in whose name the licence is issued; or

(b) of a registration certificate that is in force, means the person in whose name the certificate is issued.

(a) a lot or proposed lot under the Land Title Act 1994 ; and

(b) a lot shown on a leasehold building units plan registered or to be registered under the South Bank Corporation Act 1989 ; and

(c) land under the South Bank Corporation Act 1989 ; and

(d) an interest in land.

(a) generally, means the holder of a property agent licence, or a resident letting agent licence, that is in force; or

(b) for part 9 , see section 170 .

(a) means a person directly or indirectly involved, alone or with others, in the sale, or promotion of the sale, or provision of a service in connection with the sale, of residential property under a formal or informal arrangement, and whether or not—

(i) the person derives a direct or indirect benefit from the sale, or promotion of the sale, or provision of a service in connection with the sale, of the property; or

(ii) the way the property is marketed includes offering potential buyers of the property inducements intended to encourage the potential buyers to purchase the property; or

(iii) any of the persons is a licensee or a real estate salesperson; or

(iv) the sale, or promotion of the sale, or provision of a service in connection with the sale, of property is, or is part of, a business the person ordinarily conducts; and

(b) includes a person who—

(i) causes or arranges for the sale, or promotion of the sale, or provision of a service in connection with the sale, of residential property; or

(ii) provides advisory, management, legal, accounting, administrative or other services in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of residential property.

(a) the chief executive; or

(b) a public service employee.

(a) means—

(i) a building or part of a building used, or currently designed for use, as a single dwelling only; and

(ii) outbuildings or other appurtenances incidental to the use of the building or part as a single dwelling; but

(b) does not include—

(i) a building or part of a building used, or currently designed for use, for temporary accommodation; or

(ii) outbuildings or other appurtenances incidental to the use of the building or part as temporary accommodation.

Examples for paragraph (b)—

• motel

• caravan park

• hostel

(a) completes more than 6 residential property sales in a 12 month period; and

(b) markets residential property in which the person has an interest of at least 15%.

(a) generally, means the holder of a registration certificate that is in force; or

(b) for part 9 , see section 170 .

(a) an offence involving fraud or dishonesty;

(b) an offence involving the trafficking of drugs;

(c) an offence involving the use or threatened use of violence;

(d) an offence of a sexual nature;

(e) extortion;

(f) arson;

(g) unlawful stalking, intimidation, harassment or abuse.