Property Occupations Act 2014

The chief executive may require an applicant for registration as a real estate salesperson or a real estate salesperson to pay the reasonable, but no more than actual, costs of obtaining a report under section 122 about the applicant or salesperson.

The requirement is a criminal history costs requirement.

The chief executive may notify the applicant or salesperson of the requirement to pay a criminal history costs requirement—

in the approved form; or

on the department’s website; or

in a written notice given by the chief executive to the applicant or salesperson.

If the criminal history costs requirement is made in a written notice given by the chief executive to the applicant or salesperson, the notice must include a requirement for the costs to be paid within a stated reasonable period.

The applicant or salesperson is taken to have withdrawn the application if, within the stated reasonable period, the applicant or salesperson fails to comply with the chief executive’s requirement to pay the criminal history costs requirement.

The chief executive must refund to the applicant or salesperson an amount paid under the requirement if—

the chief executive refuses the application without asking for the report; or

the applicant withdraws the application before the chief executive asks for the report.

In this section—applicant includes proposed applicant.