Chief executive’s power to ask for substantiation of representations made by licensees or real estate salespersons
218 Chief executive’s power to ask for substantiation of representations made by licensees or real estate salespersons
This section applies if the chief executive believes, on reasonable grounds, that a licensee or real estate salesperson has made a representation in contravention of section 212(1) or (2).
The chief executive may, by written notice, ask the person to give the chief executive written proof supporting the representation.
The notice must—
state a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and
warn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse.
The person must comply with the notice by the stated day, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.
It is a reasonable excuse for an individual to fail to comply with subsection (4) that complying with the subsection might tend to incriminate the individual.
This Act’s bill:Explanatory memorandumSecond reading speech
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