Queensland Numbered Acts

PROPERTY OCCUPATIONS ACT 2014 No. 22 - SECT 66

(1) A principal licensee may appoint an adult as the licensee's substitute licensee for a period of not more than 30 days only if—

(a) the licensee will be absent from the licensee's registered office for the period; and

(b) the adult consents to the appointment; and

(c) if the licensee is required as a condition of the licensee's licence to hold insurance—the adult is covered by the insurance or holds insurance that complies with the requirements of the condition.

(2) The principal licensee must ensure—

(a) an appointment under subsection (1) and the substitute licensee's consent to the appointment are in writing and state the period of appointment; and

(b) the appointment, consent and evidence of any insurance the substitute licensee is required to have are—

(i) kept at the licensee's registered office; and

(ii) made available for immediate inspection by an inspector who asks to see them.

Maximum penalty—100 penalty units.

(3) A principal licensee who will be absent from the licensee's registered office for a period of more than 30 days must apply to the chief executive in the approved form for the appointment or the extension of the appointment of an adult (nominated person) as the licensee's substitute licensee.

Maximum penalty—200 penalty units.

(4) If the principal licensee is a person for whom an administrator has been appointed under the Guardianship and Administration Act 2000 or is deceased, the licensee's representative may make the application under subsection (3).

(5) The application must be accompanied by—

(a) the nominated person's signed consent to the appointment; and

(b) enough information about the nominated person to enable the chief executive to decide whether the person—

(i) is a suitable person to hold a licence; and

(ii) is sufficiently qualified to perform the licensee's activities during the period; and

(iii) if the licensee is required as a condition of the licensee's licence to hold insurance—is covered by the insurance or holds insurance that complies with the requirements of the condition; and

(c) the application fee prescribed under a regulation; and

(d) if, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.

(6) In this section—

principal licensee means a principal licensee who is an individual.

representative, of a principal licensee, means—

(a) for a licensee for whom an administrator has been appointed under the Guardianship and Administration Act 2000—the licensee's administrator; or

(b) for a deceased licensee—the licensee's personal representative.