Queensland Numbered Acts

PROPERTY AGENTS AND MOTOR DEALERS AND OTHER ACTS AMENDMENT ACT 2006 No. 10 - SECT 76

Chapter 10, part 2, division 2, after section 345--

insert--

'(1) This section applies if a commercial agent who holds appointments from clients to perform services for the clients under section 344 proposes to assign the appointments to another commercial agent (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 commercial agent assigns the appointments, the commercial agent 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 commercial agent assigns the appointment under this section, the appointment is taken, for section 344, to be an appointment by the client of the proposed assignee and to continue to have effect according to its terms.'.