Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 148

148 Order for return of bond if bond wrongfully taken

(1) This section applies if—

(a) a lessor or lessor’s agent is convicted of an offence against section 57 (2) or 57A (2) ; or

(b) a provider or provider’s agent is convicted of an offence against section 76A (2) .

(2) If the authority holds the bond, the authority must refund it—

(a) if there is only 1 contributor—to that contributor; or

(b) if there is more than 1 contributor—to the contributors in the shares in which they contributed.

(3) No part of the rental bond may be paid to, or claimed by, the lessor or provider, or the lessor or provider’s agent.

(4) In this section—

"convicted" , of an offence in relation to a person, includes any of the following in relation to the offence—

(a) a court finding the person guilty or accepting the person’s plea of guilty, whether or not a conviction is recorded;

(b) the person opting to pay a fine under an infringement notice;

(c) the registration of a default certificate for an infringement notice given to the person.

"default certificate" see the State Penalties Enforcement Act 1999 , schedule 2 .

"infringement notice" see the State Penalties Enforcement Act 1999 , schedule 2 .