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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