Queensland Numbered Acts

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PROPERTY OCCUPATIONS ACT 2014 No. 22 - SECT 228

228 Power of court for particular offences

(1) A court may, in addition to any other penalty it may impose on a person convicted of an offence against section 202(6), 211(1) or 219(1), order that—

(a) if the person is a licensee or a real estate salesperson—the licensee's licence or real estate salesperson's registration certificate be suspended for a stated period or cancelled; or
(b) whether or not the person is a licensee or a real estate salesperson—the person be disqualified from holding a licence or registration certificate for a stated period or permanently.

(2) If the court orders the cancellation of a person's licence or registration certificate—

(a) for an individual, the court must also order the person be disqualified, for a stated period or permanently, from holding a licence or registration certificate; or
(b) otherwise, the court may also order the person be disqualified, for a stated period or permanently, from holding a licence or registration certificate.

(3) The court may also make any other order QCAT may make in a marketeer proceeding.

Note—
For the orders QCAT may make, see section 188.

(4) However, if the court makes an order that the person pay to another person who has suffered financial loss an amount for compensation, the court may order the payment of an amount of not more than the limit of the court's civil jurisdiction.

(5) The court may make an order under this section—

(a) on the chief executive's application; or
(b) on its own initiative.

(6) If the order is made on the court's own initiative, the court must cause a copy of the order to be given to the chief executive.



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