Property Occupations Act 2014 (Qld)

Property Occupations Act 2014

An Act to provide for the regulation of the activities, licensing and conduct of property agents and resident letting agents and their employees and to protect consumers against particular undesirable practices

Part 1 Preliminary

Division 1 Introduction

1 Short title This Act may be cited as the Property Occupations Act 2014.

2 Commencement This Act, other than part 16, commences on a day to be fixed by proclamation.

3 Act binds all persons (1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State, the Commonwealth or any other State liable to be prosecuted for an offence.

4 Relationship with Fair Trading Inspectors Act 2014 (1) The Fair Trading Inspectors Act 2014 enacts common provisions for this Act and particular other Acts about fair trading. (2) Unless this Act otherwise provides in relation to the Fair Trading Inspectors Act 2014, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act. Note— See also the modifying provision for this Act stated in the Fair Trading Inspectors Act 2014, section 6.

Division 2 Exemptions

5 Particular auctions (1) Parts 3 and 4 and part 6, divisions 1 and 2 to the extent they relate to a property agent do not apply to— (a) a sale made under a rule, order, or judgment of the Supreme Court or District Court; or (b) a sale made by a person obeying an order of, or a process issued by, a court, judge or justice, or the registrar of the State Penalties Enforcement Registry for the recovery of a fine, penalty or award; or (c) a sale of an animal lawfully seized and sold under the Animal Care and Protection Act 2001 or another law about seizing or impounding an animal; or (d) a sale conducted for a charity, a religious denomination or an organisation formed for a community purpose, within the meaning of the Collections Act 1966 (relevant entity) if— (i) the person conducting the sale does not receive from the relevant entity a reward for the person's services; and (ii) amounts received from the sale are paid directly to an officer or employee of the relevant entity who is authorised by the relevant entity to receive and deal with the amounts. (2) In this section— sale means a sale, attempted sale or an offering for sale or resale, by way of auction.