Dictionary
Schedule 2 Dictionary
section 13 Administration Act means the Agents Financial Administration Act 2014.Agents Act means—
the Debt Collectors (Field Agents and Collection Agents) Act 2014; or
the Motor Dealers and Chattel Auctioneers Act 2014.
approved form see section 234.arrangement includes agreement, promise, scheme, transaction (with or without consideration), understanding and undertaking (whether express or implied).associate, of a person, means—
a property agent who acts, for a sale of property, in conjunction with a property agent appointed for section 102 to sell the property; or
a spouse, parent, brother, sister or child of the person; orNote—A reference to a spouse includes a de facto partner. For definitions of spouse and de facto partner, see the Acts Interpretation Act 1954, section 32DA and schedule 1.
a child of the person’s spouse.
auctioneer see section 14.auctioneer licence means an auctioneer licence issued under section 50.audit period see the Administration Act, section 33.audit report see the Administration Act, section 33.beneficial interest see section 153.body corporate means—
a body corporate under the Building Units and Group Titles Act 1980; or
a body corporate for a leasehold building units plan under the South Bank Corporation Act 1989; or
a body corporate under the Body Corporate and Community Management Act 1997; or
a community body corporate under the Mixed Use Development Act 1993.
building complex means—
a building on a single building units plan under the Building Units and Group Titles Act 1980; or
a building or buildings on a single group titles plan under the Building Units and Group Titles Act 1980; or
a building or buildings shown on a single leasehold building units plan under the South Bank Corporation Act 1989; or
a building or buildings on scheme land in a single community titles scheme or a layered arrangement of community title schemes under the Body Corporate and Community Management Act 1997; or
a building on the site for a mixed use scheme under the Mixed Use Development Act 1993.
business address, of a licensee, see section 31(1)(b).business associate, of an applicant for a licence or a licensee, means a person with whom the applicant or licensee intends to carry on, or carries on, business under a licence.buyer, for part 7, see section 159.chattel auctioneer licence, for part 14, see section 238.civil jurisdiction, for an amount that is the limit of a court’s civil jurisdiction, means an amount equal to the maximum amount that may be claimed in a personal action in the civil jurisdiction of the court.client, for part 4, see section 102(1) or (3).commencement, for part 14, see section 238.commercial scale appointment, for appointment of a property agent to sell residential property under a sole or exclusive agency, means an appointment for the sale of—
3 or more residential properties; or
a lot in a community titles scheme as part of the sale of management rights to the person who is to become the letting agent for the community titles scheme.
commissioner for fair trading means the commissioner for fair trading under the Fair Trading Act 1989.community titles scheme see the Body Corporate and Community Management Act 1997, section 10.comparable certificate, under PAMDA, means a certificate of registration as any of the following under that Act—
real estate agent salesperson;
pastoral house salesperson;
property developer salesperson;
trainee auctioneer.
comparable licence, under PAMDA—
for a property agent licence, means any of the following licences under that Act—
real estate agent’s licence;
pastoral house auctioneer’s licence;
pastoral house licence;
pastoral house director’s licence;
pastoral house manager’s licence;
auctioneer’s licence; or
for a resident letting agent licence, means a resident letting agent licence under that Act.
comparative market analysis, for an offered property, means a document comparing the offered property with at least 3 properties sold within the previous 6 months that are of a similar standard or condition to the offered property and are within 5km of the offered property.completes, a residential property sale, see section 18.computer means a mechanical, electronic or other device for the processing of data.conviction includes a plea of guilty or a finding of guilt by a court, but does not include a plea of guilty or a finding of guilt by a court if no conviction is recorded by the court.cooling-off period, for part 7, see section 166.corresponding law means a law of another State or New Zealand that provides for the same matter as this Act or a provision of this Act.CPD requirements—
for a licensee—see section 92A; or
for a real estate salesperson—see section 151A.
sch 2 def CPD requirements ins 2024 No. 27 s 122CPD year—
for a licence—see section 92A; or
for a registration certificate—see section 151A.
sch 2 def CPD year ins 2024 No. 27 s 122criminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than for a conviction—
to which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
that is not revived as prescribed by section 11 of that Act.
criminal history costs requirement see—
generally, for an applicant or licensee—section 42(2); or
for an applicant for, or for the renewal or restoration of, registration as a real estate salesperson or a real estate salesperson—section 124(2).
debt collector licence, for part 14, see section 238.Debt Collectors Act, for part 14, see section 238.debt collector subagent registration certificate, for part 14, see section 238.disciplinary proceeding means a disciplinary proceeding under section 173.domestic building contract see the Queensland Building and Construction Commission Act 1991, schedule 1B, section 3.sch 2 def domestic building contract sub 2014 SL No. 57 s 80 sch 1electronic listings provider means an entity that lists real property for sale on a website or other electronic medium that is used by buyers to search for properties for sale.employ includes—
engage on a contract for services or commission and use the services of, whether or not for reward; and
directly engage a person as an independent contractor; and
engage a person from a labour hire provider.
employed licensee means a licensee who performs the activities of a licensee as the employee of another person.exclusive agency see section 23.executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned, or takes part, in the management of the corporation.existing licence, for part 14, see section 238.existing registration certificate, for part 14, see section 238.financial loss, suffered by a person, if evidenced by a judgment of a court, does not include interest awarded on the judgment.former licensee means a person who held a licence under this Act or PAMDA.former tribunal means the tribunal under the repealed Commercial and Consumer Tribunal Act 2003.fund means the claim fund established under the Administration Act, section 78.goods see the Motor Dealers and Chattel Auctioneers Act 2014, schedule 4.holder—
of a property agent licence that is in force, means the person in whose name the licence is issued; or
of a registration certificate that is in force, means the person in whose name the certificate is issued.
home see the Queensland Building and Construction Commission Act 1991, schedule 1B, section 9.sch 2 def home sub 2014 SL No. 57 s 80 sch 1in charge see section 19.information notice means a notice complying with the QCAT Act, section 157(2).insolvent under administration...sch 2 def insolvent under administration om 2023 No. 23 s 247 sch 1 s 2(1)inspector means a person who holds office under the Fair Trading Inspectors Act 2014 as an inspector for this Act.labour hire provider means an entity that conducts a business that is or includes the supply of labour to others.land includes—
a lot or proposed lot under the Land Title Act 1994; and
a lot shown on a leasehold building units plan registered or to be registered under the South Bank Corporation Act 1989; and
land under the South Bank Corporation Act 1989; and
an interest in land.
lawyer means a lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State.letting includes every form of leasing or letting of places of residence, land, estates, or businesses.letting agent, for a community titles scheme, see the Body Corporate and Community Management Act 1997, section 16.licence means a property agent licence or a resident letting agent licence.licence register see section 82(1).licensed, for a person, means licensed under this Act.licensee—
generally, means the holder of a property agent licence, or a resident letting agent licence, that is in force; or
for part 9, see section 170.
listed, for part 7, see section 159.management rights see the Body Corporate and Community Management Act 1997, schedule 6.market, residential property, means take action to sell the property, other than by appointing a property agent to sell the property.marketeer—
means a person directly or indirectly involved, alone or with others, in the sale, or promotion of the sale, or provision of a service in connection with the sale, of residential property under a formal or informal arrangement, and whether or not—
the person derives a direct or indirect benefit from the sale, or promotion of the sale, or provision of a service in connection with the sale, of the property; or
the way the property is marketed includes offering potential buyers of the property inducements intended to encourage the potential buyers to purchase the property; or
any of the persons is a licensee or a real estate salesperson; or
the sale, or promotion of the sale, or provision of a service in connection with the sale, of property is, or is part of, a business the person ordinarily conducts; and
includes a person who—
causes or arranges for the sale, or promotion of the sale, or provision of a service in connection with the sale, of residential property; or
provides advisory, management, legal, accounting, administrative or other services in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of residential property.
marketeer proceeding see section 174.misleading includes deceptive.money penalty see section 203.motor dealer licence, for part 14, see section 238.Motor Dealers and Chattel Auctioneers Act, for part 14, see section 238.motor salesperson registration certificate, for part 14, see section 238.obtain, for part 6, see section 152.official means—
the chief executive; or
a public service employee.
open listing see section 20.option to purchase includes a right granted or purportedly granted, but not immediately exercisable, to purchase or to be given an option to purchase.PAMDA means the repealed Property Agents and Motor Dealers Act 2000.part payment see section 161(1)(b).place of residence—
means—
a building or part of a building used, or currently designed for use, as a single dwelling only; and
outbuildings or other appurtenances incidental to the use of the building or part as a single dwelling; but
does not include—
a building or part of a building used, or currently designed for use, for temporary accommodation; or
outbuildings or other appurtenances incidental to the use of the building or part as temporary accommodation.
Examples for paragraph (b)—
• motel
• caravan park
• hostel
prescribed conduct provision see section 235.principal licensee means a licensee who carries on business under the licensee’s licence on the licensee’s own behalf.property agent see section 15.property agent licence means an auctioneer licence or a real estate agent licence.property developer means a person who—
completes more than 6 residential property sales in a 12 month period; and
markets residential property in which the person has an interest of at least 15%.
property information session means a presentation (however described) given to 1 or more persons that has as a significant purpose the purchase of residential property in Queensland by 1 or more persons attending the presentation.property licence, for part 14, see section 238.property registration certificate, for part 14, see section 238.provider see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.public examination means a public examination conducted under part 9, division 5, subdivision 2.real estate agent see section 16.real estate agent licence means a real estate agent licence issued under section 50.real estate salesperson—
generally, means the holder of a registration certificate that is in force; or
for part 9, see section 170.
reference committee means the reference committee established under section 179.registered bidder, for part 7, see section 159.registered business name means a business name registered under the Business Names Registration Act 2011 (Cwlth).registered office, of a property agent or resident letting agent, see section 93.registrar means the principal registrar under the QCAT Act.registration certificate means a certificate of registration as a real estate salesperson issued under section 128.registration certificate register see section 148(1).relevant Act, for part 14, see section 238.relevant contract, for part 7, see section 160.relevant person see section 67(1).repealed code of conduct, for part 14, see section 238.representation includes a statement, promise, publication and other representation made in any way.residential property see section 21.resident letting agent see section 17.resident letting agent licence means a resident letting agent licence issued under section 50.respondent, for part 10, see section 191.reward includes remuneration of any kind including, for example, any fee, commission or gain.rooming accommodation see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.sale by auction means the sale of property in a way commonly known and understood to be by auction.sell includes agree to sell, advertise or display for sale, attempt to sell, have for sale, negotiate for a sale, and in any way be concerned in selling.seller, for part 7, see section 159.serious offence means any of the following offences punishable by 3 or more years imprisonment—
an offence involving fraud or dishonesty;
an offence involving the trafficking of drugs;
an offence involving the use or threatened use of violence;
an offence of a sexual nature;
extortion;
arson;
unlawful stalking, intimidation, harassment or abuse.
sch 2 def serious offence amd 2023 No. 1 s 97 sch 1 pt 2service see section 102.sole agency see section 23.termination penalty, for part 7, see section 159.transitioned certificate, for part 14, see section 238.transitioned licence, for part 14, see section 238.trust account means a trust account kept under the Administration Act, part 2.unsolicited invitation see section 22.
This Act’s bill:Explanatory memorandumSecond reading speech
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