Queensland Numbered Acts

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PROPERTY AGENTS AND MOTOR DEALERS AND OTHER ACTS AMENDMENT ACT 2006 No. 10 - SECT 41

41 Insertion of new s 212A

After section 212--

insert--

'(1) This section applies if an auctioneer who holds appointments from clients to perform services for the clients under section 210 proposes to assign the appointments to another auctioneer (proposed assignee) without changing the terms of the appointment.

'(2) However, this section does not apply to the assignment of an appointment if--

(a) the terms of the appointment authorise the assignment of the appointment; and
(b) the assignment is made in accordance with the terms of the appointment.

'(3) At least 14 days before the auctioneer assigns the appointments, the auctioneer must give each client written notice of the proposed assignment.

'(4) The notice must state the following--

(a) the proposed assignee's name;
(b) that the appointments are to be assigned without changing the terms of the appointment;
(c) the client may agree or refuse to agree to the proposed assignment;
(d) when the proposed assignment is to take effect.

'(5) If the client agrees to the assignment and the auctioneer assigns the appointment under this section, the appointment is taken, for section 210, to be an appointment by the client of the proposed assignee and to continue to have effect according to its terms.'.



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