Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001

Queensland Property Agents and Motor Dealers Act 2000 Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Current as at 1 December 2009 Reprint note This is the last reprint before lapse. Lapsed on 1 December 2014 by 2014 Act No. 22 s 237.

Information about this reprint This regulation is reprinted as at 1 December 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Contents 1 2 3 Schedule Part 1 1 2 3 4 Part 2 5 6 7 8 9 10 11 12 13 14 15 16 17 Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Restricted Letting Agency Practice Code of Conduct . . . . . . 6 Preliminary Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Compliance with code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 General rules of conduct Knowledge of Act and code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Fiduciary obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Honesty, fairness and professionalism . . . . . . . . . . . . . . . . . . . . . 7 Skill, care and diligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Agent to act in client’s best interests . . . . . . . . . . . . . . . . . . . . . . 8 Agent to act in accordance with client’s instructions . . . . . . . . . . 8 Agent to keep client informed of developments . . . . . . . . . . . . . . 8 Representations by employees . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Fraudulent or misleading conduct . . . . . . . . . . . . . . . . . . . . . . . . 9 High pressure tactics, harassment or unconscionable conduct . . 9 Claiming membership or endorsement . . . . . . . . . . . . . . . . . . . . 10 Conflict of duty or interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Soliciting through false or misleading advertisements or communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Contents Part 3 Division 1 18 19 20 21 22 23 24 25 26 27 Division 2 28 29 30 31 32 33 34 Division 3 35 36 Part 4 37 Part 5 38 39 40 Rules specific to restricted letting agents General Prior appointment of another agent . . . . . . . . . . . . . . . . . . . . . . . Advice about market rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Finding out or verifying ownership and property description . . . . Finding out or verifying material facts. . . . . . . . . . . . . . . . . . . . . . Agent to encourage disclosure by client. . . . . . . . . . . . . . . . . . . . Disclosure to customer that agent is the client’s agent . . . . . . . . Referral to service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Goods and services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inducing breach of contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opportunity to obtain independent advice or representation . . . . Property management Inspection report and inventory . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of lots for rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maintenance or repairs of lots in a building complex . . . . . . . . . . Agent not to engage unlicensed person for building work . . . . . . Breach of agreement or contract . . . . . . . . . . . . . . . . . . . . . . . . . Notifying customer of appointment to sell . . . . . . . . . . . . . . . . . . Final inspection of lots in a building complex . . . . . . . . . . . . . . . . Use, disclosure and recording of information Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publicising code Publicity about code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complaint resolution Principal licensee to have complaint handling procedure. . . . . . . Client to be notified of complaint and outcome . . . . . . . . . . . . . . Compliance with complaint handling procedure. . . . . . . . . . . . . . 11 12 12 12 13 13 13 14 14 15 15 15 15 16 16 16 17 18 18 19 20 21 22 Endnotes 1 2 3 4 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 24 24 Page 2

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Contents 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Page 3

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 [s 1] Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 [as amended by all amendments that commenced on or before 1 December 2009] 1 Short title This regulation may be cited as the Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 . 2 Commencement This regulation commences on 1 August 2001. 3 Code of conduct The code of conduct in the schedule is the code of conduct about restricted letting agency practice prescribed for the Act, section 119. Current as at 1 December 2009 Page 5

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule Schedule Restricted Letting Agency Practice Code of Conduct section 3 Part 1 Preliminary 1 Title This code of conduct may be cited as the Restricted Letting Agency Practice Code of Conduct. 2 Object (1) The object of this code is to increase the accountability of restricted letting agents for their actions in carrying on the business of a restricted letting agent. (2) The object is to be achieved by— (a) setting conduct standards for restricted letting agents; and (b) establishing principles for fair trading in restricted letting agency practice; and (c) providing for a system of complaint resolution for complaints about restricted letting agency practice. 3 Definitions In this code— client means a person who appoints a restricted letting agent to let or to collect rents for lots in a building complex for the person. customer means a person with whom a restricted letting agent deals on behalf of a client. Page 6 Current as at 1 December 2009

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule holiday purposes has the meaning given by the Residential Tenancies and Rooming Accommodation Act 2008 , section 31. restricted letting agent includes an employed licensee. 4 Compliance with code (1) This code contains provisions with which a restricted letting agent must comply. Editor’s note — Contravention of this code is a ground for— • starting disciplinary proceedings under the Act, section 496 • obtaining an injunction under the Act, section 565 • seeking an undertaking under the Act, section 569. (2) This code overrides an instruction or request that does not comply with the code from a client or, if the agent is an employee, from the agent’s employer. Part 2 General rules of conduct 5 Knowledge of Act and code A restricted letting agent must have a reasonable knowledge and understanding of the Act and this code. 6 Fiduciary obligations A restricted letting agent must comply with a fiduciary obligation incurred as an agent. 7 Honesty, fairness and professionalism (1) A restricted letting agent must act honestly, fairly and professionally in the conduct of a restricted letting agency practice. Current as at 1 December 2009 Page 7

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule (2) Without limiting subsection (1), an agent must treat a customer honestly and fairly. 8 Skill, care and diligence (1) A restricted letting agent must exercise reasonable skill, care and diligence in the conduct of a restricted letting agency practice. (2) An agent must complete all work for a client as soon as is reasonably practicable. 9 Agent to act in client’s best interests A restricted letting agent must act in a client’s best interests unless it is unlawful or unreasonable to do so. 10 Agent to act in accordance with client’s instructions A restricted letting agent must act in accordance with a client’s instructions unless it is contrary to this code or otherwise unlawful to do so. Example — An agent must not market or advertise or offer to let lots in a building complex at a price or on terms different from the price or terms authorised by the client. 11 Agent to keep client informed of developments A restricted letting agent must keep a client informed of any significant development or issue in relation to an activity performed for the client. 12 Representations by employees A restricted letting agent must take reasonable steps to ensure an employee of the agent— (a) does not falsely represent that the employee is the holder of a licence in relation to a restricted letting agency, or Page 8 Current as at 1 December 2009

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule falsely use a title that suggests the employee is the holder of a licence; or (b) whether licensed under the Act or not, does not represent that the employee is the person in effective control of the agent’s business, or use a title that suggests the employee is the person in effective control of the business. 13 Fraudulent or misleading conduct A restricted letting agent must not engage in conduct that is fraudulent or misleading in the conduct of a restricted letting agency practice. Example — A restricted letting agent must not misrepresent to a person the financial returns from letting lots in a building complex. Editor’s note — Engaging in conduct of this nature or other unlawful conduct could lead to a prosecution under the Act, for example see section 574 (False representations about property). 14 High pressure tactics, harassment or unconscionable conduct A restricted letting agent must not engage in high pressure tactics, harassment or unconscionable conduct in the conduct of a restricted letting agency practice. Examples of harassment — 1 Using, or getting a third party to use, threatening or intimidating language or behaviour towards a client or customer. 2 Engaging in conduct that would make an ordinary person feel unwillingly compelled to comply with an agent’s request or demand. Examples of unconscionable conduct — 1 Taking unfair advantage of an agent’s superior bargaining position relative to a client or customer. Current as at 1 December 2009 Page 9

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule 2 Requiring a client or customer to comply with conditions that are not reasonably necessary for the protection of an agent’s legitimate interests. 3 If it is reasonably apparent that a client or customer can not understand relevant documents, taking unfair advantage of the client’s or customer’s lack of understanding. 4 Exerting undue influence or pressure on, or using unfair tactics against, a client or customer or a person acting for a client or customer. 15 Claiming membership or endorsement A restricted letting agent must not falsely claim to be a member of, or endorsed by, an organisation or association. 16 Conflict of duty or interest (1) A restricted letting agent must not accept an appointment to act, or continue to act, as a restricted letting agent for a client if doing so will place the agent’s duty or interests in conflict with the client’s interests. Example of agent’s duty or interest in conflict with the client’s interest — An agent lets lots in a building complex for a client and the agent owns or has an interest in lots in the complex that the agent also lets. (2) However, subsection (1) does not apply if the agent discloses the conflict to the client in writing before accepting the appointment or continuing to act. 17 Soliciting through false or misleading advertisements or communications A restricted letting agent must not solicit clients or customers through false or misleading advertisements or other communications the agent knows are false or misleading. Page 10 Current as at 1 December 2009

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule Part 3 Rules specific to restricted letting agents Division 1 General 18 Prior appointment of another agent (1) Before accepting an appointment as a restricted letting agent for a client to let lots or to collect rents for lots in a building complex, a restricted letting agent must take reasonable steps to find out whether the client has already appointed another restricted letting agent to let lots or to collect rents for lots in the complex. (2) The restricted letting agent (the new agent ) must not solicit or accept the appointment if— (a) the agent knows, or should know, that the appointment of another agent (the existing agent ) to let lots or to collect rents for lots in the building complex is in force; and (b) the client may have to pay the following— (i) a commission under each appointment; (ii) damages for breach of contract under the existing agent’s appointment. (3) However, subsection (2) does not apply if, before the client signs the new agent’s appointment, the new agent gives the client a written statement that, if the client appoints the new agent, the client may have to pay the following— (a) a commission under each appointment; (b) damages for breach of contract under the existing agent’s appointment. (4) In this section— agent includes a real estate agent. Current as at 1 December 2009 Page 11

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule 19 Advice about market rent (1) A restricted letting agent, in attempting to obtain an appointment to let lots or to collect rents for lots in a building complex, must not knowingly mislead a person about the lots’ current market rent. (2) If the agent gives a person an opinion about the market rent for the person’s lots, the agent must not accept instructions from the person to act as a restricted letting agent for the lots unless the agent has given the person a written statement of the material facts that the agent has taken into account in forming an opinion about the lots’ market rent. (3) An agent appointed by a client to let lots or to collect rents for lots must keep the client informed, in accordance with the client’s instructions, if any, of the agent’s opinion about the market rent of the lots. (4) Also, the agent must tell the client if the agent considers the amount of rent expected by the client is substantially more or less than the market rent of the lots. 20 Finding out or verifying ownership and property description Before a restricted letting agent lets lots or collects rents for lots in a building complex, the agent must take reasonable steps to find out or verify the lots’ ownership and property description. 21 Finding out or verifying material facts (1) A restricted letting agent appointed to let lots or to collect rents for lots in a building complex must take reasonable steps to find out or verify the facts material to letting the lots or collecting the rents that a prudent restricted letting agent would have found out or verified to avoid error, omission, exaggeration or misrepresentation. (2) The steps must be taken before letting the lots or collecting the rents and afterwards as the occasion arises. Page 12 Current as at 1 December 2009

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule 22 Agent to encourage disclosure by client A restricted letting agent, at the time of appointment by a client to let lots or to collect rents for lots in a building complex and at all later times, must encourage the client to disclose to the agent all relevant facts about the lots. 23 Disclosure to customer that agent is the client’s agent (1) A restricted letting agent must ensure a customer is aware that the agent is acting for the client. (2) The agent must not induce, or allow, a customer to believe that the agent is acting for the customer. (3) The agent must warn a customer, as soon as possible, that any information disclosed to the agent may be disclosed to the agent’s client. 24 Referral to service provider (1) A restricted letting agent who refers a client or customer to a service provider must not falsely represent to the client or customer that the service provider is independent of the agent. (2) For subsection (1), a service provider is independent of an agent if— (a) the agent receives no rebate, discount, commission or benefit for referring a client or customer to the service provider; and (b) the agent does not have a personal or commercial relationship with the service provider. Examples of relationships for paragraph (b) — 1 A family relationship. 2 A business relationship other than a casual business relationship. 3 A fiduciary relationship. 4 A relationship in which 1 person is accustomed, or obliged, to act in accordance with the directions, instructions or wishes of the other person. Current as at 1 December 2009 Page 13

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule (3) If the service provider is not independent of the agent. the agent must disclose to the client or customer — (a) the nature of any relationship, whether personal or commercial, the agent has with the service provider; and (b) the nature and value of any rebate, discount, commission or benefit the agent may receive, or expects to receive, by referring the client or customer to the service provider. (4) In this section— client includes a prospective client. service provider means a provider of professional services associated with the letting of lots or collecting of rents for lots in a building complex. 25 Goods and services (1) A restricted letting agent must obtain a client’s written approval before ordering goods or services for the client if the price of the goods and services is more than the amount authorised to be incurred by the agent’s appointment. (2) An agent must take reasonable steps to ensure goods or services obtained for a client are at a competitive price. 26 Inducing breach of contract A restricted letting agent must not induce, or attempt to induce, a breach of, or an interference with, a contract between a client and a customer. Example — An agent must not induce a customer to breach a contract with a client to get the customer to enter immediately into a contract with another of the agent’s clients. Page 14 Current as at 1 December 2009

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule 27 Opportunity to obtain independent advice or representation (1) A restricted letting agent must give a client a genuine opportunity to obtain relevant independent professional advice or representation before the client appoints the agent. (2) An agent must give a customer a genuine opportunity to obtain relevant independent professional advice or representation before signing a contract in relation to lots in a building complex. Division 2 Property management 28 Inspection report and inventory (1) This section applies if the appointment to act as a restricted letting agent to collect rents for lots in a building complex provides for the agent to complete an inspection report and inventory and give the report and inventory to the client. (2) The agent must complete the report and inventory in accordance with the appointment. 29 Inspection of lots for rent (1) A restricted letting agent must accompany a customer on an inspection of lots for rent in a building complex. (2) An agent must not give the keys of the lots for rent to a customer, even for a short time. (3) This section does not apply if the client has authorised otherwise in writing. (4) Also, this section does not apply to a customer renting premises if the right of occupancy of the premises is to be given for holiday purposes. 30 Maintenance or repairs of lots in a building complex (1) A restricted letting agent collecting rents from a customer for lots in a building complex must promptly respond to and, Current as at 1 December 2009 Page 15

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule subject to the client’s instructions, attend to all requests by the customer for maintenance of, or repairs to, the lots. (2) This section does not apply to a customer renting premises if the right of occupancy of the premises is given for holiday purposes. 31 Agent not to engage unlicensed person for building work (1) A restricted letting agent must not engage a person to perform building work unless the person holds a licence under the Queensland Building Services Authority Act 1991 authorising the performance of the work. (2) In this section— building work see the Queensland Building Services Authority Act 1991 , schedule 2. 32 Breach of agreement or contract A restricted letting agent collecting rents from a customer for lots in a building complex must immediately notify the client in writing if the agent becomes aware of the customer’s breach of the agreement or contract for the lots, unless the agent’s appointment to act as agent directs otherwise. 33 Notifying customer of appointment to sell (1) This section applies if a restricted letting agent is collecting rents from a customer for lots in a building complex and is aware that— (a) the lots are listed for sale; or (b) a real estate agent or auctioneer has been appointed to sell the lots; or (c) the client intends to sell the lots by private sale. (2) The agent must immediately give the customer written notice of— (a) the intended sale of the lots; or Page 16 Current as at 1 December 2009

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule (b) the appointment of the real estate agent or auctioneer for the sale of the lots. Editor’s note — For the lessor’s right of entry see the Residential Tenancies Act 1994 , sections 109 (Grounds for entry), 110 (Notice of entry) and 111 (General qualifications about entry). For vacation of premises to which a periodic tenancy applies see section 160 of that Act (Notice to leave if premises being sold). The Residential Tenancies Act 1994 was repealed by Act No. 73 of 2008. (3) This section does not apply to a customer renting premises if the right of occupancy of the premises is given for holiday purposes. 34 Final inspection of lots in a building complex (1) A restricted letting agent collecting rents from a customer for lots in a building complex must take reasonable steps to ensure that any final inspection of the lots, on vacation of the lots, is conducted in the presence of the customer. (2) However, subsection (1) does not apply if the agent reasonably believes the agent’s life or physical safety may be endangered by conducting the inspection in the presence of the customer. (3) If the final inspection discloses a thing to be done, including cleaning, for which the agent has reason to believe the customer is responsible, the agent must give the customer a reasonable opportunity to attend to the thing. (4) This section does not apply to a customer renting premises if the right of occupancy of the premises was given for holiday purposes. Current as at 1 December 2009 Page 17

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule Division 3 Use, disclosure and recording of information 35 Confidentiality (1) A restricted letting agent must not use or disclose confidential information about a client or customer obtained while acting for the client or dealing with the customer. (2) Subsection (1) does not apply to information— (a) used or disclosed for a purpose authorised in writing by the client or customer; or (b) that must be lawfully used or disclosed. Example of when information must be lawfully used or disclosed — To comply with legal process. (3) In this section— client includes a former client. customer includes a former customer. restricted letting agent includes a former restricted letting agent. 36 Recording of information (1) A restricted letting agent who gives information about a client or customer for recording in a public document or in a database relating to customers must— (a) ensure the information is accurate; and (b) ensure the information, if adverse to the client or customer, relates to a matter that is not trivial or is not a minor breach of a tenancy agreement; and Example of matters that are not trivial — Termination of the tenancy because of any of the following— • damage to premises • injury to a person lawfully entitled to enter or remain on premises Page 18 Current as at 1 December 2009

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule • objectionable behaviour • an unremedied or repeated breach of a term or condition of the tenancy • a breach of an order of a tribunal or court relating to the tenancy. (c) take reasonable steps to disclose the information to the client or customer; and (d) give the client or customer a reasonable opportunity to review the information; and (e) ensure the client or customer is informed about how the information may be used; and (f) immediately amend the information if the client or customer gives evidence that the information is inaccurate. (2) In this section— customer does not include a person who is renting premises if the right of occupancy of the premises is given for holiday purposes. Part 4 Publicising code 37 Publicity about code (1) A restricted letting agent who is a principal licensee must prominently display a notice of the existence and availability of this code in the public area of each of the agent’s offices. (2) If asked by a client or customer, an agent must promptly tell the client or customer where to obtain a copy of this code. Editor’s note — This code may be purchased from Goprint or accessed at <www.legislation.qld.gov.au>. Current as at 1 December 2009 Page 19

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule Part 5 Complaint resolution 38 Principal licensee to have complaint handling procedure (1) This section applies to a restricted letting agent who is a principal licensee. (2) The agent must have a reasonable, simple and easy to use procedure in place for handling complaints by clients or customers of the agent. (3) The agent must have information readily available to inform clients and customers of the procedure. (4) The information must include the following details— (a) how a complaint is to be made; (b) when a complaint must be in writing and when it may be oral; (c) the person who is to handle the complaint. (5) The agent must consider every complaint made by a client or customer and— (a) accept the complaint, whether wholly or partly; or (b) reject the complaint in writing. (6) If the agent accepts the complaint, whether wholly or partly, and restitution is required to be made to the client or customer (the complainant ), the agent must arrange for the restitution to be made— (a) within 7 days after accepting the complaint; or (b) if the agent and the complainant agree, by a later day. (7) If the agent rejects the complaint, whether wholly or partly, the agent must give the complainant written reasons for the rejection. (8) The notice must be accompanied by a separate document containing— Page 20 Current as at 1 December 2009

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule (a) a warning that there may be time restrictions on making a claim, including a claim against the fund under the Act; and (b) a statement that the complainant should consider whether or not to seek legal advice; and (c) a statement that the complainant— (i) may seek mediation through the dispute resolution procedures of the Department of Justice and Attorney-General; or (ii) may, depending on the nature and amount of the complaint, commence an action against the agent in QCAT or a court; or (iii) may contact the Office of Fair Trading which may commence disciplinary proceedings, or take other action, under the Act. (9) The document may also include details about other ways available to the complainant to resolve the complaint. Example of another way available to resolve the complaint — An industry dispute resolution scheme may be available to the complainant because of the agent’s membership of a organisation. (10) However, the document must state that participation in an industry dispute resolution scheme is voluntary. 39 Client to be notified of complaint and outcome (1) This section applies if a complaint is made by a restricted letting agent’s customer and the complaint is dealt with under the complaint handling procedure mentioned in section 38. (2) The agent must notify the relevant client of— (a) the complaint made by the customer; and (b) the final outcome of the complaint. Current as at 1 December 2009 Page 21

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Schedule 40 Compliance with complaint handling procedure (1) A restricted letting agent must comply with the complaint handling procedure mentioned in section 38 and the final outcome of the complaint. Examples of complying with final outcome of complaint — 1 If an agent accepts a complaint that requires a matter to be rectified, the agent must rectify the matter. 2 An agent must comply with an agreement reached through mediation about the subject matter of the complaint. 3 An agent must comply with a court decision about the subject matter of the complaint. (2) This section applies subject to any stay granted by a court. Page 22 Current as at 1 December 2009

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 December 2009. Future amendments of the Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Current as at 1 December 2009 Page 23

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments to none Effective 1 August 2001 Reprint date 7 September 2001 Reprint No. 1A 1B Amendments included 2008 Act No. 73 2009 Act No. 24 Effective 1 July 2009 1 December 2009 Notes 5 List of legislation Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 SL No. 123 made by the Governor in Council on 26 July 2001 notfd gaz 27 July 2001 pp 1209–11 Page 24 Current as at 1 December 2009

Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Endnotes ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2001 (see s 2) exp 1 September 2011 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Residential Tenancies and Rooming Accommodation Act 2008 No. 73 ss 1–2, 554 sch 1 date of assent 11 December 2008 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 40) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 5 pt 57 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) 6 List of annotations SCHEDULE—RESTRICTED LETTING AGENCY PRACTICE CONDUCT Definitions s 3 def “holiday purposes” sub 2008 Act No. 73 s 554 sch 1 CODE OF Principal licensee to have complaint handling procedure s 38 amd 2009 Act No. 24 s 722 © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 1 December 2009 Page 25