Queensland Numbered Acts

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PROPERTY OCCUPATIONS ACT 2014 No. 22


TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
           Division 1--Introduction
   1.      Short title
   2.      Commencement
   3.      Act binds all persons
   4.      Relationship with Fair Trading Inspectors Act 2014
           Division 2--Exemptions
   5.      Particular auctions
   6.      Administrators etc.
   7.      Related entities
   8.      Large scale non-residential property transactions or holdings
   9.      Other exemptions from this Act
   10.     Financial institutions and trustee companies
   11.     Non-profit corporations
           Division 3--Objects of Act
   12.     Objects
           Division 4--Interpretation
   13.     Definitions
   14.     Who is an auctioneer
   15.     Who is a property agent
   16.     Who is a real estate agent
   17.     Who is a resident letting agent
   18.     Meaning of completes a residential property sale
   19.     Meaning of in charge
   20.     Meaning of open listing
   21.     Meaning of residential property
   22.     Meaning of unsolicited invitation
   23.     Difference between exclusive agency and sole agency
           Part 2--Licensing
           Division 1--Categories of licence
   24.     Categories of licence
           Division 2--Auctioneer's authorisation
   25.     What an auctioneer licence authorises
           Division 3--Real estate agent's authorisation and responsibility
   26.     What a real estate agent licence authorises
           Division 4--Resident letting agent's authorisation
   27.     What a resident letting agent licence authorises
           Division 5--Limited property agent licence
   28.     Limited property agent licence
           Division 6--How to obtain a licence
   29.     Steps involved in obtaining a licence
           Division 7--Applications for licence and particular request requirement
   30.     Application for licence
   31.     Applicant must state business address
   32.     Particular persons can not make application
   33.     Requirement to give information or material about application or request
           Division 8--Suitability of applicants and licensees
   34.     Suitability of applicants and licensees—individuals
   35.     Suitability of applicants and licensees—corporations
   36.     Chief executive must consider suitability of applicants and licensees
   37.     Public trustee is a suitable person
   38.     Chief executive of department is a suitable person
   39.     Defence Housing Australia is a suitable person
   40.     Investigations about suitability of applicants and licensees
   41.     Notice of change in criminal history
   42.     Costs of criminal history report
   43.     Use of information obtained under s 40 or 41
   44.     Confidentiality of criminal history
           Division 9--Eligibility for licence
           Subdivision 1--Property agent licence
   45.     Eligibility for property agent licence
           Subdivision 2--Resident letting agent licence
   46.     Eligibility for resident letting agent licence
           Subdivision 3--Particular government entities
   47.     Public trustee is eligible for licence
   48.     Chief executive of department is eligible for licence
   49.     Defence Housing Australia is eligible for licence
           Division 10--Issue of licences
   50.     Chief executive may issue or refuse to issue licence
   51.     Licence—public trustee
   52.     Licence—chief executive of department
   53.     Licence—Defence Housing Australia
   54.     Licence—conditions
           Division 11--Restrictions on performing activities under licences
   55.     Restriction—corporations
   56.     Restriction—individuals
   57.     Restriction—conditions
           Division 12--Renewal and restoration of licences
           Subdivision 1--Renewal
   58.     Application for renewal
   59.     Chief executive may renew or refuse to renew licence
   60.     Licence taken to be in force while application for renewal is considered
           Subdivision 2--Restoration
   61.     Application for restoration
   62.     Licence taken to be in force while application for restoration is considered
   63.     Chief executive may restore or refuse to restore licence
           Division 13--Dealings with licences
           Subdivision 1--Licence not to be transferred, lent or borrowed
   64.     Transfer of licence prohibited
   65.     Offence to sell, lend or borrow licence
           Subdivision 2--Substitute persons
   66.     Appointment of substitute licensee—principal licensee—individual
   67.     Appointment of substitute licensee—employed licensee or real estate salesperson in charge of a principal licensee's business at a place
   68.     Chief executive may appoint or refuse to appoint substitute licensee
   69.     Substitute licensee
   70.     Limitation on period of substitution
           Subdivision 3--General
   71.     Amendment of licence conditions
   72.     Return of licence for amendment or replacement
   73.     Return of licence when suspended or cancelled
   74.     Surrender of licence
   75.     Licence may be deactivated
           Division 14--Immediate suspension and cancellation of licences
   76.     Immediate suspension
   77.     Immediate cancellation
           Division 15--General provisions about licences
   78.     Form of licence
   79.     Requirement to keep copy of licence available for inspection
   80.     Term of licence
   81.     Replacement licences
   82.     Register of licences
   83.     Licensees to notify chief executive of changes in circumstances
           Part 3--Property agents and resident letting agents generally
           Division 1--Conduct provisions
           Subdivision 1--Carrying on business
   84.     Who must be in charge of a property agent's business at a place
   85.     Who must be in charge of a resident letting agent's business at a place
   86.     Resident letting agent's registered office to be in particular building complex
   87.     Responsibility for acts and omissions of salespersons
           Subdivision 2--Recovery of reward or expense by property agent or resident letting agent
   88.     Commission may be claimed only for actual amounts
   89.     Restriction on recovery of reward or expense—no proper authorisation etc.
   90.     Restriction on recovery of reward or expense above amount allowed
   91.     Excess commission etc. to be repaid
           Subdivision 3--Auction of goods
   92.     Buyer's premium
           Division 2--General
   93.     Registered office
   94.     Property agent or resident letting agent to notify chief executive of change in place of business etc.
   95.     Display and publication of licensee's name
   96.     Access to particular documents by new resident letting agent
           Division 3--Offences
   97.     Acting as property agent
   98.     Employment of persons in real estate business
   99.     Property agent and resident letting agent must not act for more than 1 party
   100.    Acting as resident letting agent
   101.    Production of licence
           Part 4--Appointment of property agent or resident letting agent
           Division 1--Requirement to appoint property agent or resident letting agent
   102.    Appointment
   103.    Particular requirements for appointing property agent for sole or exclusive agency
           Division 2--Content of appointment
           Subdivision 1--Property agents and resident letting agents
   104.    General content of appointment
   105.    Other requirements—commission
   106.    Other requirements—statement that appointment may be revoked by notice
           Subdivision 2--Property agents
   107.    Other requirements—auction
   108.    Other requirements—sole or exclusive agency
           Division 3--Other provisions
   109.    Giving signed appointment to client
   110.    Limitation on term of reappointment of property agent for sale of residential property
   111.    Form of reappointment
   112.    Other ineffective appointments and reappointments
   113.    Assignment of appointment
   114.    Revocation of appointment
           Part 5--Registration of real estate salespersons
           Division 1--Real estate salesperson's authorisation
   115.    What a registration certificate authorises
           Division 2--How to obtain registration
   116.    Steps involved in obtaining registration
           Division 3--Applications for registration
   117.    Application for registration
   118.    Particular persons can not make application
   119.    Requirement to give information or material about application or request
           Division 4--Suitability of applicants
   120.    Suitability of applicants
   121.    Chief executive must consider suitability of applicants
   122.    Investigations about suitability of applicants and real estate salespersons
   123.    Notice of change in criminal history
   124.    Costs of criminal history report
   125.    Use of information obtained under s 122 or 123
   126.    Confidentiality of criminal history
           Division 5--Eligibility for registration
   127.    Eligibility for registration as real estate salesperson
           Division 6--Issue of registration certificate
   128.    Chief executive may issue or refuse to issue registration certificate
   129.    Registration certificate—conditions
           Division 7--Renewal and restoration of registration certificates
           Subdivision 1--Renewal
   130.    Application for renewal
   131.    Chief executive may renew or refuse to renew registration certificate
   132.    Registration certificate taken to be in force while application for renewal is considered
           Subdivision 2--Restoration
   133.    Application for restoration
   134.    Registration certificate taken to be in force while application for restoration is considered
   135.    Chief executive may restore or refuse to restore registration certificate
           Division 8--Dealings with registration certificates
           Subdivision 1--Transfer of registration certificate
   136.    Transfer of registration certificate prohibited
           Subdivision 2--General
   137.    Offence to sell, lend or borrow registration certificate
   138.    Amendment of registration certificate conditions
   139.    Return of registration certificate for amendment of conditions
   140.    Return of registration certificate when suspended or cancelled
   141.    Surrender of registration certificate
           Division 9--Immediate suspension and cancellation of registration certificates
   142.    Immediate suspension
   143.    Immediate cancellation
           Division 10--General provisions about employee registration
   144.    Form of registration certificate
   145.    Requirement to keep copy of registration certificate available for inspection
   146.    Term of registration certificate
   147.    Replacement certificates
   148.    Register of registration certificates
   149.    Real estate salespersons to notify chief executive of changes in circumstances
   150.    Production of registration certificate
   151.    Acting as real estate salesperson
           Part 6--Disclosure requirements—licensees, real estate salespersons, property developers and marketeers
           Division 1--Preliminary
   152.    Definition for pt 6
   153.    Meaning of beneficial interest
           Division 2--Beneficial interest disclosure—licensees and real estate salespersons
   154.    Beneficial interest—options
   155.    Beneficial interest—other than options
   156.    Return of beneficial interest if in form of commission
           Division 3--Disclosure of interest for residential property—licensees and real estate salespersons
   157.    Disclosures to prospective buyer
           Division 4--Disclosure of interest for residential property—property developers
   158.    Disclosures to prospective buyer
           Part 7--Residential property sales
           Division 1--Preliminary
   159.    Definitions for pt 7
           Division 2--Contracts this part applies to
   160.    Contracts this part applies to
           Division 3--Accounting requirements for property developers for relevant contracts
   161.    Application of div 3
   162.    Part payments must be paid to particular persons
   163.    Part payment to be held in trust
           Division 4--Seller and seller's agent must give copy of particular property valuation to buyer
   164.    Buyer to be given copy of property valuation buyer pays for
           Division 5--Matters to be included in proposed relevant contract
   165.    Proposed relevant contract to include particular matters when given to buyer for signing
           Division 6--Waiving and shortening cooling-off periods
   166.    Cooling-off period
   167.    Waiving or shortening cooling-off period
           Division 7--Terminating relevant contracts
   168.    Terminating relevant contract during cooling-off period
           Part 8--Trust accounts
   169.    Keeping trust accounts
           Part 9--QCAT Proceedings
           Division 1--Preliminary
   170.    Definitions for pt 9
   171.    Jurisdiction
           Division 2--Disciplinary proceedings
   172.    Grounds for starting disciplinary proceedings
   173.    Starting disciplinary proceedings
           Division 3--Marketeer proceedings
   174.    Grounds for starting marketeer proceeding
   175.    How to start a proceeding
           Division 4--Review proceedings
   176.    Person dissatisfied with chief executive's decision may seek review
   177.    Stay of operation of decisions
   178.    QCAT may extend time
           Division 5--Proceedings generally
           Subdivision 1--Reference committee
   179.    Reference committee
   180.    Reference committee functions
   181.    Reference committee may authorise application for public examination
           Subdivision 2--Public examinations
   182.    QCAT may conduct public examination
   183.    Procedure before public examination starts
   184.    Person must answer particular questions
           Subdivision 3--Stopping particular conduct
   185.    Stopping particular conduct
           Subdivision 4--QCAT's orders
   186.    Orders QCAT may make on disciplinary hearing
   187.    Stopping contraventions
   188.    Orders QCAT may make in a marketeer proceeding
   189.    Criteria for deciding amount to be ordered
           Subdivision 5--Chief executive's right of appeal
   190.    Appeal
           Part 10--Injunctions, undertakings, preservation of assets and civil penalties
           Division 1--Injunctions
   191.    Grounds for injunction
   192.    Who may apply for injunction
   193.    When injunction may be granted
   194.    Court's powers for injunctions
   195.    Terms of injunction
   196.    Undertakings as to costs
           Division 2--Undertakings
   197.    Chief executive may seek undertaking after contravention
   198.    Undertaking about other matter
   199.    Variation and withdrawal of undertakings
   200.    Enforcement of undertakings
   201.    Register of undertakings
           Division 3--Preservation of assets
   202.    Powers of court for preservation of assets
           Division 4--Civil penalties and compensation orders for particular contraventions
   203.    Application for order imposing civil penalties
   204.    Orders District Court may make
   205.    Criteria for deciding amount to be ordered
           Part 11--General contraventions and evidentiary matters
           Division 1--General contraventions
   206.    Wrongful conversion and false accounts
   207.    Misleading conduct
   208.    Unconscionable conduct
   209.    False representations and other misleading conduct relating to residential property
   210.    Application of ss 207, 208 and 209
   211.    Offensive conduct relating to residential property
   212.    False representations about property
   213.    Representation of price of property to seller—auctioneer
   214.    Auctioneer not to disclose reserve or other price
   215.    Representation of price of property—real estate agent
   216.    Real estate agent not to disclose reserve or other price
   217.    Chief executive to ask for substantiation of representations made by marketeers
   218.    Chief executive's power to ask for substantiation of representations made by licensees or real estate salespersons
   219.    Offence to charge fee for providing documents etc.
   220.    False or misleading statements
   221.    False or misleading documents
   222.    Prohibited practices
           Division 2--Evidentiary matters
   223.    Evidentiary provisions
   224.    Entries in licensee's documents
           Division 3--Proceedings
   225.    Proceedings for an offence
   226.    Responsibility for acts or omissions of representatives
   227.    Power of court
   228.    Power of court for particular offences
   229.    Allegations of false or misleading representations or statements etc.
           Part 12--General
   230.    Public warnings
   231.    Civil remedies not affected
   232.    Criminal Proceeds Confiscation Act 2002 not limited
   233.    Delegation—chief executive
   234.    Approved forms
   235.    Regulation may prescribe conduct standards
   236.    Regulation-making power
           Part 13--Repeal
   237.    Repeal
           Part 14--Transitional provisions
           Division 1--Preliminary
   238.    Definitions for pt 14
           Division 2--Provisions for licences and registration certificates
           Subdivision 1--Licences and registration certificates in force under PAMDA
   239.    Existing licences
   240.    Existing registration certificates
   241.    Existing applications about renewal or amendment of existing licences or registration certificates, or about appointment of substitute licensees
   242.    Existing requests to deactivate existing licence
   243.    Transitioned licences and certificates subject to previous conditions
   244.    Transitioned licences and certificates subject to previous suspension
   245.    Transitioned licences that are deactivated
   246.    Ending of transitioned licences and certificates
   247.    Transitioned licences or certificates may be dealt with under relevant Act
   248.    Conditions and limitations on particular transitioned licences
   249.    Existing appointments to act as agent
   250.    Existing appointments as substitute licensees
   251.    Chief executive may accept PAMDA forms
           Subdivision 2--Other provisions
   252.    Ending of particular licences
   253.    Existing applications for the issue of a licence or registration certificate
   254.    Existing applications for restoration of expired licences or registration certificates
   255.    Applications for restoration of expired licences or registration certificates not made before commencement
   256.    Effect of previous refusals of applications
   257.    Continuation of reviews under PAMDA
           Division 3--Provisions about pre-commencement conduct
   258.    Disciplinary action relating to pre-commencement conduct
   259.    Injunctions relating to pre-commencement conduct
   260.    Undertakings relating to pre-commencement conduct
   261.    Proceedings for offences under PAMDA
   262.    Existing infringement notice offences
   263.    Existing fines and fees
   264.    Return of beneficial interest if in form of commission
   265.    Marketeer proceeding relating to pre-commencement conduct
           Division 4--Preservation of existing rights of buyers
   266.    Buyer's rights if notice about land not given or materially defective continue
   267.    PAMDA, ch 11 continues to apply to existing relevant contracts
   268.    Statutory warranty for used motor vehicles sold by pre-commencement auctioneers
   269.    Statutory warranty for used motor vehicles sold by pre-commencement motor dealer
           Division 5--Other provisions
   270.    Existing reference committee
   271.    Existing registers
   272.    Refund of fees paid under PAMDA
           Part 15--Amendment of Body Corporate and Community Management Act 1997
   273.    Amendment of s 16 (Meaning of letting agent and letting agent business)
   274.    Amendment of s 205A (Definitions for ch 5)
   275.    Omission of s 205B (Relationship with Electronic Transactions (Queensland) Act 2001)
   276.    Amendment of s 206 (Information to be given by seller to buyer)
   277.    Omission of s 206A (Termination of contract for contravention of the Property Agents and Motor Dealers Act 2000, s 368A(2)(c)(ii))
   278.    Replacement of s 207 (Contents of contract)
   279.    Amendment of s 213 (Information to be given by seller to buyer)
   280.    Omission of s 213A (Termination of contract for contravention of the Property Agents and Motor Dealers Act 2000, s 368A(2)(c)(ii))
   281.    Amendment of s 215 (Statements and information sheet form part of contract)
   282.    Insertion of new ch 8, pt 12
   283.    Amendment of sch 6 (Dictionary)
           Part 16--Amendment of Youth Justice Act 1992
   284.    Act amended
   285.    Amendment of s 363 (Application of amendments about transfer direction for a child who will turn 17 years)
   286.    Amendment of s 364 (Application of amendments about transfer direction for a person who is 17 years)
           Part 17--Minor and consequential amendments
   287.    Acts amended
           SCHEDULE 1 -- DECISIONS SUBJECT TO REVIEW
           SCHEDULE 2 -- ACTS AMENDED
           Part 1--Amendment of this Act
           Part 2--Other amendments
           SCHEDULE 3 -- DICTIONARY
           
           


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