QueenslandMotorDealersandChattelAuctioneersAct2014Current as at [Not
applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposed
amendments to the Act included in the Queensland Civil andAdministrative Tribunal and Other Legislation
Amendment Bill 2018. Thisindicativereprinthasbeenpreparedforinformationonly—it is
not anauthorised reprint of the Act.The point-in-time date for this
indicative reprint is the introduction date forthe Queensland
Civil and Administrative Tribunal and Other LegislationAmendment Bill 2018—15 November 2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 1
Preliminary[s 1]Motor Dealers and
Chattel Auctioneers Act2014AnActtoprovidecomprehensivelyfortheregulationoftheactivities, licensing and conduct of
motor dealers and chattelauctioneersandtheiremployeesandtoprotectconsumersagainst particular
undesirable practicesPart 1PreliminaryDivision 1Introduction1Short
titleThisActmaybecitedastheMotorDealersandChattelAuctioneers Act
2014.2CommencementThis Act
commences on a day to be fixed by proclamation.3Act
binds all persons(1)This Act binds all persons, including
the State, and, so far asthelegislativepowerofParliamentpermits,theCommonwealth and the other
States.(2)Nothing in this Act makes the State,
the Commonwealth orany other State liable to be prosecuted for
an offence.Current as at [Not applicable]Page
13
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 1 Preliminary[s 4]4Relationship with Fair Trading
Inspectors Act 2014(1)TheFairTradingInspectorsAct2014(theFTI
Act) enactscommonprovisionsforthisActandparticularotherActsabout fair
trading.(2)Unless this Act otherwise provides in
relation to the FTI Act,the powers that an inspector has under
that Act are in additionto and do not limit any powers the
inspector may have underthis Act.Division 2Exemptions5Financial institutions and trustee
companies(1)Part3doesnotapplytoafinancialinstitutionortrusteecompany.(2)In this section—trustee
companymeans—(a)atrusteecompanyundertheTrusteeCompaniesAct1968; or(b)the public trustee when the public
trustee is—(i)performing the activities that may be
performed bya trustee company; or(ii)exercising the powers that may be exercised
by atrustee company; or(iii)holdinganofficethatmaybeheldbyatrusteecompany.6Particular auctionsPart 4 does not
apply to—(a)asalemadeunderarule,order,orjudgmentoftheSupreme Court or District Court;
orPage 14Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 1
Preliminary[s 6](b)asalemadebyapersonobeyinganorderof,oraprocessissuedby,acourt,judgeorjustice,ortheregistrar of the State Penalties
Enforcement Registry forthe recovery of a fine, penalty or
award; or(c)a sale of an animal lawfully seized
and sold under theAnimalCareandProtectionAct2001oranotherlawabout seizing or impounding animals;
or(d)a sale of goods distrained for rent or
arrears of rent; or(e)a sale by postal bids of stamps or
coins; or(f)a sale conducted for a charity, a
religious denomination,oranorganisationformedforacommunitypurpose,withinthemeaningoftheCollectionsAct1966(arelevant entity) if—(i)thepersonconductingthesaledoesnotreceivefrom the
relevant entity a reward for the person’sservices;
and(ii)amounts received
from the sale are paid directly toan officer or
employee of the relevant entity who isauthorised by
the relevant entity to receive and dealwith the
amounts; or(g)asaleconductedbyorforMagicMillionsSalesPtyLimited ACN 078 396 317 as part of the
event known astheGoldCoastHorsesinTrainingSaleifthesaleisconducted by a person approved by the
chief executivebefore the sale as a suitable person to
conduct the sale;or(h)a sale of goods
directly connected with a sale by auctionof a place of
residence or land performed by a propertyagentappointedunderthePropertyOccupationsAct2014, part 4;
or(i)anauctionheldbyanofficerundertheForestryAct1959for that
Act.Current as at [Not applicable]Page
15
Motor
Dealers and Chattel Auctioneers Act 2014Part 1
Preliminary[s 7]Notauthorised—indicativeonly7Administrators etc.(1)Thissectionappliestothefollowingpersons(eachanappointee)—(a)apersonappointedundertheCorporationsActasanadministrator of
a corporation that is or was authorisedunder a licence
or former licence to perform an activity;(b)apersonappointedundertheCorporationsActasanadministrator of
a deed of company arrangement for acorporation that
is or was authorised under a licence orformer licence
to perform an activity;(c)apersonappointedundertheCorporationsActasaliquidator, or
controller of property, of a corporation thatis or was
authorised under a licence or former licence toperform an
activity;(d)apersonappointedundertheAdministrationActasareceiver of an
entity that is or was authorised under alicence or
former licence to perform an activity;(e)apersonappointedundertheBankruptcyAct1966(Cwlth)asthetrusteeinbankruptcy,ortheOfficialReceiver,foranindividualwhoisorwasauthorisedunder a licence
or former licence to perform an activity.(2)Theappointeeisexemptfromtheprovisionsmentionedinsubsection (3)whileperformingtheactivityinrelationtoabusiness that is or was authorised to
be carried on under—(a)for a licence
that is in force—the licence; or(b)foraformerlicence—theformerlicenceimmediatelybefore it
stopped being in force.(3)For subsection
(2) the provisions are the following—•section 70•section 71•section 72•section 79•section 80Page 16Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 1
Preliminary[s 8]•part
3, division 3•section 119•section 124•part
4, division 3•section 148•section 149.(4)In
this section—former licencemeans—(a)a licence that was previously in
force; or(b)amotordealer’slicenceorformerauctioneerslicenceunder PAMDA.personappointedasthetrusteeinbankruptcy,foranindividual,
includes the Official Trustee in Bankruptcy underBankruptcyAct1966(Cwlth)iftheOfficialTrusteeisthetrustee in bankruptcy for the
individual.Division 3Object of
Act8Main object(1)ThemainobjectofthisActistoprovideasystemforlicensing and regulating persons as motor
dealers and chattelauctioneersandforregisteringandregulatingpersonsasmotorsalespersonsthatachievesanappropriatebalancebetween—(a)the
need to regulate for the protection of consumers; and(b)the need to promote freedom of
enterprise in the marketplace.(2)The
object is to be achieved mainly by—(a)ensuring—(i)onlysuitablepersonswithappropriatequalifications
are licensed or registered; andCurrent as at
[Not applicable]Page 17
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 1 Preliminary[s 9](ii)persons who
carry on business or are in charge of alicensee’s
business at a place under the authority ofa motor dealer
licence or chattel auctioneer licencemaintain close
personal supervision of the way thebusiness is
carried on; and(b)providing—(i)protectionforconsumersintheirdealingswithlicensees and
their employees; and(ii)alegislativeframeworkwithinwhichpersonsperformingactivitiesforlicenseesmaylawfullyoperate;
and(c)regulating fees and commissions that
can be charged forparticular transactions; and(d)providing increased flexibility in
enforcement measuresthrough injunctions and undertakings;
and(e)promoting administrative efficiency by
providing that—(i)responsibilityforlicensingrestswiththechiefexecutive;
and(ii)responsibility
for reviewing particular decisions ofthe chief
executive rests with QCAT; and(iii)responsibilityfordisciplinarymattersrestswithQCAT.Division 4Interpretation9DefinitionsThe dictionary
in schedule 3 defines particular words used inthis Act.Page
18Current as at [Not applicable]
Motor
Dealers and Chattel Auctioneers Act 2014Part 1
Preliminary[s 10]Notauthorised—indicativeonly10Meaning ofbeneficial
interest(1)For this Act, other than section
19(2)(a) or (4)(b)(i), a licenseeis taken to have
abeneficial interestin property, for
example,if—(a)the purchase of
the property is made for the licensee oran associate of
the licensee; or(b)anoptiontopurchasethepropertyisheldbythelicensee or an associate of the
licensee; or(c)the purchase of the property is made
for a corporation(havingnotmorethan100members)ofwhichthelicensee or an associate of the licensee is
a member; or(d)anoptiontopurchasethepropertyisheldbyacorporation(havingnotmorethan100members)ofwhich the licensee or an associate of the
licensee is amember; or(e)the
purchase of the property is made for a corporation ofwhich the licensee or an associate of the
licensee is anexecutive officer; or(f)anoptiontopurchasethepropertyisheldbyacorporation of which the licensee or
an associate of thelicensee is an executive officer; or(g)for a licensee that is a
corporation—(i)thepurchaseofthepropertyismadeforanexecutive officer of the licensee or
an associate ofthe executive officer; or(ii)anoptiontopurchasethepropertyisheldbyanexecutive officer of the licensee or
an associate ofthe executive officer; or(h)the purchase of the property is made
for a member of afirm or partnership of which the licensee or
an associateof the licensee is also a member; or(i)thepurchaseofthepropertyismadeforapersoncarrying on a
business for profit or gain and the licenseeor an associate
of the licensee has, directly or indirectly,Current as at
[Not applicable]Page 19
Motor
Dealers and Chattel Auctioneers Act 2014Part 1
Preliminary[s 10]Notauthorised—indicativeonlyarighttoparticipateintheincomeorprofitsoftheperson’s business or the purchase of
the property.(2)For this Act, other than section
19(2)(a) or (4)(b)(i), a motorsalesperson is
taken to have abeneficial interestin
property,for example, if—(a)thepurchaseofthepropertyismadeforthemotorsalesperson or
an associate of the salesperson; or(b)the
motor salesperson or an associate of the salespersonhas
an option to purchase the property; or(c)the
purchase of the property is made for a corporation(having not more than 100 members) of which
the motorsalespersonoranassociateofthesalespersonisamember; or(d)anoptiontopurchasethepropertyisheldbyacorporation(havingnotmorethan100members)ofwhichthemotorsalespersonoranassociateofthesalesperson is a member; or(e)the purchase of the property is made
for a corporation ofwhichthemotorsalespersonoranassociateofthesalesperson is an executive officer;
or(f)anoptiontopurchasethepropertyisheldbyacorporationofwhichthemotorsalespersonoranassociate of the salesperson is an
executive officer; or(g)thepurchaseofthepropertyismadeforanexecutiveofficer of a
corporation of which the motor salespersonor an associate
of the salesperson is an executive officer;or(h)anoptiontopurchasethepropertyisheldbyanexecutiveofficerofacorporationofwhichthemotorsalespersonoranassociateofthesalespersonisanexecutive officer; or(i)the purchase of the property is made
for a member of afirm or partnership of which the motor
salesperson or anassociate of the salesperson is also a
member; orPage 20Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 1
Preliminary[s 11](j)thepurchaseofthepropertyismadeforapersoncarrying on a
business for profit or gain and the motorsalespersonoranassociateofthesalespersonhas,directly or indirectly, a right to
participate in the incomeor profits of the person’s business or
the purchase of theproperty.11Meaning ofin charge(1)A person isin chargeof a
licensee’s business at a place wherethe licensee
carries on business only if the person personallysupervises, manages or controls the conduct
of the licensee’sbusiness at the place.(2)In
this section—licensee’s businessmeans the
licensee’s business carried onunder the
authority of the licensee’s licence.12Meaning ofmotor
vehicle(1)Amotor
vehiclemeans—(a)avehiclethatmovesonwheelsandispropelledbyamotor that forms part of the vehicle,
whether or not thevehicle is capable of being operated or used
in a normalway; or(b)a
caravan.(2)However,amotorvehicledoesnotincludeanyofthefollowing—(a)a
hovercraft;(b)a motorised golf buggy;(c)a motorised scooter;(d)a motorised wheelchair;(e)a trailer, other than a
caravan;(f)a tractor or farm machinery;Current as at [Not applicable]Page
21
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 1 Preliminary[s 13](g)avehicledesignedforuseexclusivelyintheminingindustry;(h)a vehicle designed for use exclusively
on a railway ortramway.(3)In
this section—motorised golf buggymeans a
motorised golf buggy under theTransport
Operations (Road Use Management) Act 1995.motorisedscooterseetheTransportOperations(RoadUseManagement) Act 1995,
schedule 4.motorisedwheelchairmeansamotorisedwheelchairundertheTransport Operations (Road Use
Management) Act 1995.13Meaning ofsale by
auction(1)Generally, asale by
auctionof a used motor vehicle or othergoods under this Act means the sale of the
vehicle or goods inany way commonly known and understood to be
by auction.(2)However, the sale of a used motor
vehicle or other goods byauction is not a sale by auction under
this Act if—(a)the person selling the vehicle or
goods by auction (theseller) owns the
vehicle or goods and is not selling thevehicle or goods
for someone else; and(b)theauctionisconducted,whetherbytheselleroranotherentity,whollyby1ormoreelectroniccommunications.(3)In
this section—conducting,anauction,includesfacilitatingtheconductofthe
auction.Example of facilitating the conduct of an
auction—operatinganonlinemarketplaceauctionfacility(forexample,thefacility known as eBay) that is available
for a person to use to sell aused motor
vehicle or other goods by auctionelectroniccommunicationseetheElectronicTransactions(Queensland) Act
2001, schedule 2.Page 22Current as at [Not applicable]
Notauthorised—indicativeonlyPart
2Motor Dealers and Chattel Auctioneers Act
2014Part 2 Licensing[s 14]LicensingDivision 1Categories of licence14Categories of licenceThechiefexecutivemayissuethefollowingcategoriesoflicence under this Act—(a)a
motor dealer licence;(b)a chattel
auctioneer licence.Division 2Limited motor
dealer licence15Limited motor dealer licence(1)Thechiefexecutivemayissueamotordealerlicence(alimited motor dealer licence)
prescribed under a regulation,thatlimitstheactivitiesthatmayotherwisebeperformedunder a motor
dealer licence.(2)To be eligible for a limited motor
dealer licence, an applicantforthelicencemusthavetheeducationalqualificationsapproved by the
chief executive for obtaining the licence.Editor’s
note—The qualifications are stated on the
department’s website.Division 3How to obtain a
licence16Steps involved in obtaining a
licence(1)A person who wishes to obtain a
licence must be a suitableperson to hold a licence under
division 5.(2)The person must apply for the licence
by—Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 17](a)givingthechiefexecutiveanapplicationshowing,amongotherthings,thepersoniseligibleforthelicence; and(b)paying—(i)the
fees prescribed under a regulation; and(ii)if,beforeorwhentheapplicationismade,acriminal history costs requirement is made
of theapplicant—the amount of the costs required
to bepaid; and(c)giving the chief executive the other
information requiredunder section 18.(3)Indecidingtheapplication,thechiefexecutivemusthaveregard, among other things, to—(a)the person’s suitability to hold a
licence under this Act;and(b)the
person’s eligibility for the licence.Division 4Applications for licence17Application for licence(1)An
applicant for a licence must—(a)apply to the chief executive in the approved
form; and(b)state the category of licence being
applied for; and(c)state the term of the licence being
applied for; and(d)establishtheapplicant’seligibilityforthecategoryoflicence being applied for; and(e)state the names and addresses of the
applicant’s businessassociates; and(f)provide any information the chief executive
reasonablyrequirestodecidewhethertheapplicantisasuitableperson to hold a
licence.Page 24Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 18](2)The
application must be accompanied by—(a)the
application fee prescribed under a regulation; and(b)the licence issue fee prescribed under
a regulation; and(c)if,beforeorwhentheapplicationismade,acriminalhistory costs
requirement is made of the applicant—theamount of the
costs required to be paid.18Applicant must
state business address(1)The applicant
must also state in the applicant’s application—(a)if
the applicant intends carrying on business under thelicence immediately after the issue of the
licence—theplaceorplacesinQueenslandwheretheapplicantproposes to
carry on business under the licence; or(b)iftheapplicantdoesnotintendcarryingonbusinessunderthelicenceimmediatelyaftertheissueofthelicence—(i)thecapacityinwhichtheapplicantintendsperformingactivitiesunderthelicenceandtheaddresswheretheactivitiesaretobeperformed(business address); and(ii)if the applicant
intends to be a person in charge of alicensee’sbusinessataplaceofbusiness—thename of the
applicant’s employer and the addressof the place of
business where the applicant is to bein charge (also
abusiness address).Examples of capacity in which activities may
be performed—•person in charge of a corporation’s
business•licensed employee of a licenseeExample of business address of an employed
licensee—the address of the person’s employer’s place
of business wherethe person generally reports for work(2)If the applicant intends to carry on
business under the licenceatmorethan1place,theapplicantmuststateintheCurrent as at [Not applicable]Page
25
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 19]applicationtheplacetheapplicantintendstobetheapplicant’s principal place of
business.(3)A place of business or an address
under this section must be aplace where a
document can be served personally.(4)A
place of business or an address must not be a post officebox.19Particular
persons can not make application(1)Apersonwhoisadisqualifiedpersoncannotmakeanapplicationforalicenceduringtheperiodforwhichtheperson is disqualified.(2)Acorporationthatwastheholderofalicencethatwascancelled can not make an application for a
licence unless thecorporationsatisfiesthechiefexecutivethat,becauseofagenuine
sale—(a)no person who was a shareholder of, or
held a beneficialinterestin,thecorporationwhenthelicencewascancelledisashareholderof,orholdsabeneficialinterest in, the
applicant corporation; and(b)no person who
was in a position to control or influencetheaffairsofthecorporationwhenthelicencewascancelledisinapositiontocontrolorinfluencetheaffairs of the applicant corporation.(3)Ifapersonappliesforalicenceandthechiefexecutivedecides to
refuse to issue the licence, the person can not makeanother application for a licence of that
type—(a)for 3 months after the day the chief
executive gives theperson the information notice about the
decision; or(b)if the person applies to QCAT to
review the decision andthe decision is confirmed—for 3 months
after the daythe decision is confirmed.(4)Subsection (3) does not apply
if—(a)the person is a corporation;
andPage 26Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 20](b)the
person satisfies the chief executive that, because of agenuine sale—(i)nopersonwhowasashareholderof,orheldabeneficialinterestin,thecorporationwhentherefused application was made is a
shareholder of,orholdsabeneficialinterestin,thecorporation;and(ii)nopersonwhowasinapositiontocontrolorinfluencetheaffairsofthecorporationwhentherefusedapplicationwasmadeisinapositiontocontrol or influence the affairs of
the corporation.(5)In this section—disqualified
personmeans a person who is—(a)disqualified from holding a licence as a
consequence ofan order made by QCAT under section 199 or
by a courtunder section 229; or(b)subject to a relevant control order.20Requirement to give information or
material aboutapplication or request(1)This
section applies to any of the following—(a)an
applicant for a licence;(b)an applicant for
renewal of a licence;(c)an applicant for
restoration of a licence;(d)anapplicantfortheappointmentorextensionoftheappointmentofanominatedpersonmentionedinsection 51(3)or52(4)astheapplicant’ssubstitutelicensee;(e)alicenseewhohasaskedthechiefexecutivetoreactivate the licensee’s
licence.(2)Thechiefexecutivemay,bywrittennoticegiventotheapplicant or licensee, require the
applicant or licensee to givethechiefexecutivewithinastatedreasonableperiodCurrent as at [Not applicable]Page
27
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 21]informationormaterialthechiefexecutivereasonablyconsiders is
needed to consider the application or request.Example of
information or material—informationormaterialthechiefexecutivereasonablyconsidersisneededtoestablishtheapplicant’sorlicensee’ssuitabilityforthelicence(3)Theapplicantorlicenseeistakentohavewithdrawntheapplication or request if, within the
stated reasonable period,theapplicantorlicenseefailstocomplywiththechiefexecutive’s
requirement.Division 5Suitability of
applicants andlicensees21Suitability of applicants and
licensees—individuals(1)An individual is
not a suitable person to hold a licence if theindividual—(a)is
an insolvent under administration; or(b)has
been convicted, in Queensland or elsewhere, withinthe
preceding 5 years of a serious offence; or(c)iscurrentlydisqualifiedfromholdingalicenceorregistration certificate; or(d)is a person the chief executive
decides under section 23is not a suitable person to hold a
licence; or(e)is subject to a relevant control
order.(2)Anindividualwhoisnotasuitablepersoncannotholdalicence.22Suitability of applicants and
licensees—corporations(1)A corporation is
not a suitable person to hold a licence if thecorporation—Page 28Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 23](a)has
been convicted, in Queensland or elsewhere, withinthe
preceding 5 years of a serious offence; or(b)is
currently disqualified from holding a licence; or(c)is a person the chief executive
decides under section 23is not a suitable person to hold a
licence; or(d)is subject to a relevant control
order.(2)A corporation is not a suitable person
to hold a licence if anyofthefollowingappliestoanexecutiveofficerofthecorporation—(a)theexecutiveofficerisaninsolventunderadministration;(b)the
executive officer has been convicted, in Queenslandor
elsewhere, within the preceding 5 years of a seriousoffence;(c)theexecutiveofficeriscurrentlydisqualifiedfromholding a licence or registration
certificate;(d)thechiefexecutivedecidesundersection
23theexecutiveofficerisnotasuitablepersontoholdalicence;(e)theexecutiveofficerissubjecttoarelevantcontrolorder.(3)Acorporationthatisnotasuitablepersoncannotholdalicence.23Chief
executive must consider suitability of applicantsand
licensees(1)The chief executive must, when
deciding whether a person is asuitable person
to hold a licence, consider all of the followingthings—(a)the
character of the person;(b)the character of
the person’s business associates;Current as at
[Not applicable]Page 29
Motor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 23]Notauthorised—indicativeonlyPage 30(c)whetherthepersonheldalicenceorregistrationcertificate
under a relevant Act that was suspended orcancelled under
the relevant Act;(d)whether an amount has been paid from
the fund becausethepersondid,oromittedtodo,somethingthatgaverise to the
claim against the fund;(e)whetherthepersonhasbeendisqualifiedunderarelevantActfrombeingtheholderofalicenceorregistrationcertificatewithinthemeaningoftherelevant Act;(f)whether the person has been disqualified
from managingcorporations under the Corporations
Act;(g)whether,withinthepreceding5years,QCAT,theformer tribunal or the District Court
has made an orderunder this Act or PAMDA adverse to the
person;(h)for an individual—(i)the
individual’s criminal history; and(ii)whether the individual has been an insolvent
underadministration; and(iii)whethertheindividualhasbeenconvictedofanoffenceagainstarelevantActortheAdministration
Act; and(iv)whethertheindividualissubjecttoarelevantcontrol order;
and(v)whether the individual is capable of
satisfactorilyperforming the activities of a licensee;
and(vi)whethertheindividual’snameappearsintheregisterofpersonsdisqualifiedfrommanagingcorporations
under the Corporations Act;Note—See
the Corporations Act, section 1274AA (Register ofdisqualified company directors and other
officers).(i)for a corporation—Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 24](i)whetherthecorporationhasbeenplacedinreceivership or liquidation;
and(ii)whether the
corporation, or an executive officer ofthecorporation,issubjecttoarelevantcontrolorder; and(iii)whether an executive officer of the
corporation hasbeen an insolvent under administration;
and(iv)whether an
executive officer of the corporation hasbeen convicted
of an offence against a relevant Actor the
Administration Act; and(v)whether each
executive officer of the corporation isa suitable
person to hold a licence;(j)anotherthingthechiefexecutivemayconsiderunderthis
Act.(2)However, the chief executive, when
deciding whether a personis a suitable person to hold a
licence, may not have regard tocriminal
intelligence given by the commissioner to the chiefexecutive under section 230A.(3)If the chief executive decides a
person is not a suitable personto hold a
licence, the chief executive must give the person aninformationnoticeaboutthedecisionwithin14daysaftermaking the decision.(4)In
this section—fundincludes the
claim funds under PAMDA and the repealedAuctioneers and
Agents Act 1971.relevantActmeansthisAct,anAgentsAct,PAMDAoracorresponding law.24Public trustee is a suitable personThe
corporation sole called The Public Trustee of Queenslandis
taken to be a suitable person to hold a licence.Current as at [Not applicable]Page
31
Motor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 25]25Chief
executive of department is a suitable personThe chief
executive of a department is taken to be a suitableperson to hold a licence.Notauthorised—indicativeonly26Investigations
about suitability of applicants, nominatedpersons and
licensees(1)Thechiefexecutivemaymakeinvestigationsaboutthefollowing persons to help the chief
executive decide whetheran applicant or nominated person
mentioned in section 20(1)or licensee is a suitable person to
hold a licence—(a)the applicant, nominated person or
licensee;(b)iftheapplicant,nominatedpersonorlicenseeintendscarrying on, or carries on, business in
partnership or inconjunctionwithothers—eachmemberofthepartnershiporeachpersonwithwhomtheapplicant,nominatedpersonorlicenseeintendscarryingon,orcarries on, business in partnership or
in conjunction;(c)iftheapplicantorlicenseeisacorporation—eachexecutive
officer of the corporation;(d)a
business associate of the applicant, nominated personor
licensee.(2)Without limiting subsection (1), the
chief executive may askthe commissioner for a criminal
history report about any ofthe
persons.(3)The commissioner must give the report
to the chief executive.(4)However,thereportisrequiredtocontainonlycriminalhistoryinthecommissioner’spossessionortowhichthecommissioner has access.(5)If
the person’s criminal history includes a conviction recordedagainst the person, the report must be
written.(6)Ifthepersonis,orhasbeen,subjecttoacontrolorderorregistered corresponding control
order, the report must—(a)state the
details of the order; orPage 32Current as at
[Not applicable]
Motor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 27](b)be
accompanied by a copy of the order.Notauthorised—indicativeonly27Notice of change in criminal
history(1)This section applies if the
commissioner reasonably suspectsthecriminalhistoryofeitherofthefollowingpersonshaschanged—(a)a
person who is the holder of a licence;(b)apersonwhoisanominatedpersonmentionedinsection 51(3)or52(4)andappointedasasubstitutelicensee.(2)Thecommissionermaynotifythechiefexecutivethattheperson’s criminal history has
changed.(3)The notice must—(a)state the following details—(i)theperson’snameandanyothernamethecommissioner believes the person may
use or mayhave used;(ii)the
person’s date and place of birth;(iii)abriefdescriptionofthenatureoftheoffencegiving rise to
the conviction or charge to which thechange relates;
and(b)if the change includes the person
becoming subject to acontrolorderorregisteredcorrespondingcontrolorder—(i)state the details of the order; or(ii)be accompanied
by a copy of the order.(4)Thechiefexecutivemayconfirmthecommissioner’ssuspicions under
subsection (1).(5)For a person who does not have a
criminal history, there istakentobeachangeintheperson’scriminalhistoryiftheperson acquires
a criminal history.(6)In this section—Current as at
[Not applicable]Page 33
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 28]criminal history, in relation to
a person, includes a charge ofan offence laid
against the person that has not been dismissed.offenceincludes an alleged offence.28Costs of criminal history
report(1)Thechiefexecutivemayrequireanapplicantmentionedinsection 20(1) or a licensee to pay the
reasonable, but no morethan actual, costs of obtaining a
criminal history report undersection 26
about—(a)the applicant or licensee; or(b)a nominated person mentioned in
section 51(3) or 52(4)as the applicant’s substitute
licensee; or(c)a person to whom section 26(1)(b), (c)
or (d) applies fordecidingwhethertheapplicant,licenseeornominatedperson is a
suitable person to hold a licence.(2)The
requirement is acriminal history costs requirement.(3)The chief
executive may notify the applicant or licensee of therequirement to pay a criminal history costs
requirement—(a)in an approved form; or(b)on the department’s website; or(c)in a written notice given by the chief
executive to theapplicant or licensee.(4)If
the criminal history costs requirement is made in a writtennoticegivenbythechiefexecutivetotheapplicantorlicensee, the notice must include a
requirement for the costs tobe paid within a
stated reasonable period.(5)Theapplicantorlicenseeistakentohavewithdrawntheapplicationforwhichthecriminalhistoryreportwasrequested if the applicant or licensee fails
to comply with thecriminal history costs requirement.(6)The chief executive must refund to an
applicant or licensee anamount paid under the requirement
if—Page 34Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 29](a)thechiefexecutiverefusestheapplicationwithoutasking for the report; or(b)theapplicantorlicenseewithdrawstheapplicationbefore the chief
executive asks for the report.(7)In
this section—applicantincludes
proposed applicant.29Use of information obtained under s 26
or s 27(1)This section applies to the chief
executive in considering—(a)informationobtainedundersection
26or27aboutanapplicantornominatedpersonmentionedinsection 20(1) or a licensee (each arelevant person); or(b)informationobtainedundersection
26aboutanassociate of a relevant person.(2)Information about the following may be
used only for makinga decision about whether a relevant
person is, or continues tobe, a suitable person to hold a
licence—(a)a conviction of the relevant person or
an associate of therelevant person;(b)iftherelevantperson,oranassociateoftherelevantperson,issubjecttoacontrolorderorregisteredcorresponding
control order—the control order.(3)Information about a charge against a
relevant person may notbe relied on as a basis for making a
decision as to whether thepersonis,orcontinuestobe,asuitablepersontoholdalicence.(4)In
this section—associate,ofarelevantperson,meansapersontowhomsection
26(1)(b),(c)or(d)appliesfordecidingwhethertherelevant person is a suitable person
to hold a licence.Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 32]Division 6Eligibility for
licenceSubdivision 1Motor dealer
licence32Eligibility for motor dealer
licence(1)An individual is eligible to obtain a
motor dealer licence onlyif the individual—(a)is
at least 18 years; and(b)has the
educational or other qualifications approved bythe chief
executive for a motor dealer licence.Editor’s
note—The qualifications are stated on the
department’s website.(2)Anindividualistobetakentosatisfytherequirementmentionedinsubsection (1)(b)ifthechiefexecutiveissatisfied the individual—(a)hascomparablequalificationstothequalificationsmentioned in
subsection (1)(b); or(b)within2yearsbeforethedaytheindividual’sapplication for
a motor dealer licence is received by thechief
executive—(i)has been licensed as a motor dealer;
or(ii)hasbeentheholderofamotordealer’slicencegranted under
PAMDA.(3)A corporation is eligible to obtain a
motor dealer licence onlyif a person in charge of the
corporation’s business is a motordealer.Page
36Current as at [Not applicable]
Subdivision 2Motor Dealers and
Chattel Auctioneers Act 2014Part 2
Licensing[s 33]Chattel
auctioneer licenceNotauthorised—indicativeonly33Eligibility for chattel auctioneer
licence(1)An individual is eligible to obtain a
chattel auctioneer licenceonly if the individual—(a)is at least 18 years; and(b)has the educational or other
qualifications for a chattelauctioneer
licence approved by the chief executive.Editor’s
note—The qualifications are stated on the
department’s website.(2)Anindividualistobetakentosatisfytherequirementmentionedinsubsection (1)(b)ifthechiefexecutiveissatisfied the individual—(a)hasaqualificationcomparabletothequalificationmentioned in
subsection (1)(b); or(b)within2yearsbeforethedaytheindividual’sapplicationforachattelauctioneerlicenceisreceivedby the chief
executive—(i)has been licensed as a chattel
auctioneer; or(ii)hasbeentheholderofanauctioneer’slicencegranted under PAMDA.(3)A
corporation is eligible to obtain a chattel auctioneer
licenceonly if a person in charge of the
corporation’s business is achattel
auctioneer.Subdivision 3Chief executives
and corporationsole34Public trustee is
eligible for licenceThe corporation sole called The Public
Trustee of Queenslandis taken to be eligible for a
licence.Current as at [Not applicable]Page
37
Motor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 35]35Chief
executive of department is eligible for licenceThe chief
executive of a department is taken to be eligible fora
licence.Notauthorised—indicativeonlyDivision 7Issue of
licences36Chief executive may issue or refuse to
issue licence(1)The chief executive may decide to
issue or refuse to issue alicence to an applicant.(2)Thechiefexecutivemaydecidetoissuealicencetoanapplicant only if the chief executive
is satisfied that—(a)the applicant is a suitable person to
hold a licence and—(i)iftheapplicantintendscarryingonbusinessinpartnershiporinconjunctionwithothers—eachmemberofthepartnershiporeachpersonwithwhom the
applicant intends carrying on business inconjunction is a
suitable person to hold a licence;and(ii)iftheapplicantisacorporation—eachexecutiveofficerofthecorporationisasuitablepersontohold a licence; and(b)the applicant is eligible for a
licence of the category oflicence being applied for; and(c)the application complies with sections
17 and 18.(3)If the chief executive decides to
refuse to issue the licence, thechief executive
must give the applicant an information noticeabout the
decision within 14 days after making the decision.37Licence—public trustee(1)The chief executive may issue a
licence to the public trustee inthe public
trustee’s capacity as a corporation sole in the name‘The
Public Trustee of Queensland’.Page 38Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 38](2)A
licence issued to the public trustee authorises an officer
oremployeeofthepublictrusteetoperformanyactivityauthorisedbythepublictrusteethatthepublictrusteemayperform under the licence.(3)Toremoveanydoubt,itisdeclaredthatanofficeroremployeeperforminganactivityauthorisedbythepublictrustee is not
required to be licensed or registered under thisAct
to perform the activity.38Licence—chief
executive of department(1)The chief
executive may issue a licence to the chief executiveofadepartmentinthename‘TheChiefExecutiveofthe(name of
department)’.(2)The licence is taken to be issued to
the chief executive for thetime being of
the department.(3)The chief executive of a department,
as licensee, is taken torepresent the State.(4)Alicenceissuedtothechiefexecutiveofadepartmentauthorisesanofficeroremployeeofthedepartmenttoperform any activity authorised by the chief
executive that thechief executive may perform under the
licence.(5)Toremoveanydoubt,itisdeclaredthatanofficeroremployeeperforminganactivityauthorisedbythechiefexecutive is not
required to be licensed or registered under thisAct
to perform the activity.39Licence—conditions(1)Thechiefexecutivemaydecidetoissuealicenceontheconditionsthechiefexecutiveconsidersnecessaryordesirablefortheproperperformanceoftheactivitiesauthorised by
the licence.(2)Without limiting subsection (1), a
condition may—(a)limitorprohibittheperformanceofanactivityauthorised under
this Act or the Administration Act; orCurrent as at
[Not applicable]Page 39
Motor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 40](b)require a licensee to hold insurance of a
kind and in anamount prescribed under a regulation.(3)If the chief executive decides to
issue a licence on condition,thechiefexecutivemustgivetheapplicantaninformationnoticeaboutthedecisionwithin14daysaftermakingthedecision.Notauthorised—indicativeonlyDivision 8Restrictions on
performingactivities under licences40Restriction—corporations(1)Acorporationthatholdsalicencemayperformanactivityunderitslicenceataplaceonlyiftheactivitymaybeperformed
by—(a)a licensed person who is in charge of
the corporation’sbusiness at the place; or(b)aliquidatororcontrollerappointedundertheCorporations Act of property of the
corporation; or(c)an administrator of the corporation
appointed under theCorporations Act; or(d)an
administrator of a deed of company arrangement forthe
corporation appointed under the Corporations Act;or(e)areceiverappointedundertheAdministrationActforproperty of the corporation.(2)However, subsection (1) does not
prevent a corporation thatholds a motor dealer licence selling a
used motor vehicle byauction if the auction is conducted by
a chattel auctioneer whois an employed licensee of the
corporation.(3)Acorporationthatisaformerlicenseemayperformanactivity authorised under the former licence
if the activity isperformed by a person mentioned in
subsection (1)(b), (c), (d)or (e).Page
40Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 41](4)If a
corporation that holds a licence or is a former licenseeperforms an activity it is not authorised to
perform, it is takento be a person who acts as a licensee
without a licence for theperformance of the activity.(5)In this section—former
licenseemeans—(a)a
licensee under a licence that was previously in force;or(b)alicenseeunderamotordealer’slicenceunderPAMDA.41Restriction—individuals(1)An
individual who is an employed licensee may perform anactivity authorised under the individual’s
licence only if theactivity may also be performed by the
individual’s employerunder the employer’s licence.Example—E is a licensed
employee of P, a licensed motor dealer. E’s licence is notsubject to a condition. However, P’s licence
is subject to a conditionthat P deal only in motorcycles.
Because of the condition, E is onlyauthorisedtodealinmotorcyclesunderE’slicenceduringE’semployment with P and while P is
subject to the condition.(2)However,
subsection (1) does not prevent an individual whoholds a chattel auctioneer licence selling
goods by auction forthe individual’s licensed
employer.(3)If the employed licensee performs an
activity the employedlicenseeisnotauthorisedtoperformbecauseofsubsection (1), the employed licensee
is taken to be a personwho acts as a licensee without a
licence for the performanceof the
activity.42Restriction—conditions(1)Thissectionappliestoalicenseewhoperformsanactivityunder the
licensee’s licence that the licensee is not authorisedto
perform because of a condition on the licensee’s licence.Current as at [Not applicable]Page
41
Motor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 43](2)The
licensee is taken to be a person who acts as a licenseewithout a licence for the performance of the
activity.Note—For some of the
consequences of a licensee performing an activity thatthe
licensee is not authorised to perform because of a condition on
thelicensee’s licence, see sections 88, 119,
132 and 149.Notauthorised—indicativeonlyDivision 9Renewal and
restoration of licencesSubdivision 1Renewal43Application for renewal(1)Alicenseemayonlyapplyforrenewalofthelicensee’slicence before
the licence expires.(2)The application
must—(a)be made to the chief executive in the
approved form; and(b)state the term of the licence being
applied for; and(c)state the names and addresses of the
licensee’s businessassociates; and(d)be
accompanied by—(i)the application fee prescribed under a
regulation;and(ii)thelicencerenewalfeeprescribedunderaregulation; and(iii)ifthelicenseeisrequiredasaconditionofthelicensee’slicencetoholdinsurance,proofofthecurrency of the
insurance; and(iv)if,beforeorwhentheapplicationismade,acriminal history costs requirement is made
of thelicensee—theamountofthecostsrequiredtobepaid.(3)The
application must also be accompanied by—Page 42Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 44](a)an
audit report for all trust accounts kept by the licenseeduring the relevant audit period; or(b)a statutory declaration by the
licensee that the licenseedid not operate a trust account during
the relevant auditperiod.(4)In
this section—relevant audit period, for a
licensee’s licence, means the auditperiod ending
immediately before the licence’s expiry date.44Chief
executive may renew or refuse to renew licence(1)The
chief executive must consider the renewal application anddecide to renew or refuse to renew the
licence.(2)The chief executive may decide to
renew the licence only ifthe chief executive is
satisfied—(a)the licensee is a suitable person to
hold a licence and—(i)if the licensee carries on business in
partnership orinconjunctionwithothers—eachmemberofthepartnership or
each person with whom the licenseecarriesonbusinessinconjunctionisasuitableperson to hold a
licence; and(ii)ifthelicenseeisacorporation—eachexecutiveofficerofthecorporationisasuitablepersontohold a licence; and(b)the application is made under section
43; and(c)thelicenseemeetstheeligibilityrequirements,otherthaneligibilityrequirementsofaneducationalnature,for
the licence.(3)If the chief executive decides to
refuse to renew the licence,thechiefexecutivemustgivetheapplicantaninformationnoticeaboutthedecisionwithin14daysaftermakingthedecision.Current as at
[Not applicable]Page 43
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 45]45Licence taken to be in force while
application for renewalis consideredIfanapplicationismadeundersection 43,thelicensee’slicenceistakentocontinueinforcefromthedaythatitwould,apartfromthissection,haveexpireduntilthelicensee’s application for renewal
is—(a)decided under section 44; or(b)withdrawn by the licensee; or(c)taken to have been withdrawn under
section 20(3).Subdivision 2Restoration46Application for restoration(1)Ifaperson’slicenceexpires,thepersonmayapplyforrestoration of the licence.(2)The application must—(a)be made to the chief executive in the
approved form; and(b)be made within 3 months after the
expiry; and(c)state the term of the licence being
applied for; and(d)state the names and addresses of the
person’s businessassociates; and(e)be
accompanied by—(i)the application fee prescribed under a
regulation;and(ii)thelicencerenewalfeeprescribedunderaregulation; and(iii)thelicencerestorationfeeprescribedunderaregulation; and(iv)ifthepersonwasrequiredasaconditionoftheperson’slicencetoholdinsurance—proofofthecurrency of the insurance; andPage
44Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 47](v)if,beforeorwhentheapplicationismade,acriminal history costs requirement is made
of theperson—theamountofthecostsrequiredtobepaid.(3)The
application must also be accompanied by—(a)anauditreportaboutalltrustaccountsmaintainedbythe
person during the relevant audit period; or(b)a
statutory declaration by the person that the person didnotoperateatrustaccountduringtherelevantauditperiod.(4)In
this section—relevant audit period, for a person’s
licence, means the auditperiod ending immediately before the
licence expired.47Licence taken to be in force while
application forrestoration is consideredIfanapplicationismadeundersection 46,theperson’slicence is taken
to have continued in force from the day that itwould,apartfromthissection,haveexpireduntiltheapplication is—(a)decided under section 48; or(b)withdrawn by the person; or(c)taken to have been withdrawn under
section 20(3).48Chief executive may restore or refuse
to restore licence(1)Thechiefexecutivemustconsidertheapplicationforrestoration and may decide to restore or
refuse to restore thelicence.(2)The
chief executive may decide to restore the licence only ifthe
chief executive is satisfied—(a)the
person is a suitable person to hold a licence and—Current as at [Not applicable]Page
45
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 48](i)ifthepersoncarrieson,orintendstocarryon,businessinpartnershiporinconjunctionwithothers—eachmemberofthepartnershiporeachperson with whom
the person carries on, or intendstocarryon,businessinconjunctionisasuitableperson to hold a
licence; and(ii)ifthepersonisacorporation—eachexecutiveofficerofthecorporationisasuitablepersontohold a licence; and(b)the application is made under section
46; and(c)the person meets the eligibility
requirements, other thaneligibility requirements of an
educational nature, for thelicence.(3)If the chief executive decides to
refuse to restore the licence,the chief
executive must give the person an information noticeaboutthedecisionwithin14daysafterthemakingthedecision.(4)If
the chief executive decides to restore the licence—(a)the licence is taken to have been
renewed on the day itwould, apart from section 47, have
expired (theinitialexpiry
date); and(b)toremoveanydoubt,itisdeclaredthatathingdoneduring the period starting on the initial
expiry date andendingonthedaythedecisionismadeunderthissection is taken
to have been as validly done as it wouldhave been if the
licence had been renewed immediatelybefore the
initial expiry date.Page 46Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 10Motor Dealers and
Chattel Auctioneers Act 2014Part 2
Licensing[s 49]Dealings with
licencesSubdivision 1Transfer of
licence49Transfer of licence prohibitedA
licence may not be transferred.50Offence to sell, lend or borrow
licence(1)A licensee must not—(a)sell, lend or hire out the licensee’s
licence to someoneelse; or(b)notifyoradvertisethatalicenceisavailableforsale,loan or hire to
someone else, whether licensed or not; or(c)permit or allow someone else to hold out
that the personis the holder of the licensee’s
licence.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(2)A
person must not buy, borrow or hire a licensee’s licence.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(3)If a
person who is not the holder of an appropriate licence orthelicensee’ssubstitutehastheeffectiveorapparentmanagement or
control of a licensee’s business, the licensee istaken to have lent, and the person is taken
to have borrowed,the licensee’s licence.Current as at
[Not applicable]Page 47
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 51]Subdivision 2Substitute
licences51Appointment of substitute
licensee—principal licensee—individual(1)Aprincipallicenseemayappointanadultasthelicensee’ssubstitute
licensee for a period of not more than 30 days onlyif—(a)the licensee
will be absent from the licensee’s registeredoffice for the
period; and(b)the adult consents to the appointment;
and(c)if the licensee is required as a
condition of the licensee’slicencetoholdinsurance,theadultiscoveredbytheinsuranceorholdsinsurancethatcomplieswiththerequirements of the condition.(2)The principal licensee must
ensure—(a)an appointment under subsection (1)
and the substitutelicensee’s consent to the appointment are in
writing andstate the period of appointment; and(b)the appointment, consent and evidence
of any insurancethe substitute licensee is required to have
are—(i)kept at the licensee’s registered
office; and(ii)madeavailableforimmediateinspectionbyaninspector who asks to see them.Maximum penalty—100 penalty units.(3)A principal licensee who will be
absent from the licensee’sregistered office for a period of more
than 30 days must applytothechiefexecutiveintheapprovedformfortheappointment or the extension of the
appointment of an adult(thenominated
person) as the licensee’s substitute
licensee.Maximum penalty—200 penalty units.(4)If the principal licensee is a person
for whom an administratorhasbeenappointedundertheGuardianshipandPage
48Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 51]AdministrationAct2000orisdeceased,thelicensee’srepresentative
may make the application under subsection (3).(5)The
application must be accompanied by—(a)thenominatedperson’ssignedconsenttotheappointment;
and(b)enoughinformationaboutthenominatedpersontoenablethechiefexecutivetodecidewhethertheperson—(i)is a
suitable person to hold a licence; and(ii)issufficientlyqualifiedtoperformthelicensee’sactivities
during the period; and(iii)ifthelicenseeisrequiredasaconditionofthelicensee’s licence to hold
insurance—is covered bythe insurance or holds insurance that
complies withthe requirements of the condition;
and(c)the application fee prescribed under a
regulation; and(d)if,beforeorwhentheapplicationismade,acriminalhistorycostsrequirementismadeoftheprincipallicensee—the
amount of the costs required to be paid.(6)In
this section—principal licenseeincludes—(a)foralicenseeforwhomanadministratorhasbeenappointedundertheGuardianshipandAdministrationAct 2000—the
licensee’s administrator; and(b)foradeceasedlicensee—thelicensee’spersonalrepresentative.representative, of a principal
licensee, means—(a)foralicenseeforwhomanadministratorhasbeenappointedundertheGuardianshipandAdministrationAct 2000—the
licensee’s administrator; or(b)foradeceasedlicensee—thelicensee’spersonalrepresentative.Current as at
[Not applicable]Page 49
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 52]52Appointment of substitute
licensee—employed licenseein charge of a licensee’s business at
a place(1)This section applies if an employed
licensee who is in chargeofaprincipallicensee’sbusinessataplacewillbeabsentfromtheplaceforanyreason,otherthantheemployedlicensee’s
resignation or termination of employment.(2)If
the employed licensee will be absent from the place for aperiod of not more than 30 days, the
principal licensee mayappoint an adult as the employed
licensee’s substitute licenseefor the period
if the adult consents to the appointment.(3)Theprincipallicenseemustensureanappointmentundersubsection (2)andtheperson’sconsenttotheappointmentare—(a)in writing and state the period of
appointment; and(b)kept at the licensee’s registered
office; and(c)made available for immediate
inspection by an inspectorwho asks to see them.Maximum penalty—100 penalty units.(4)If the employed licensee will be
absent from the place for aperiodofmorethan30days,theprincipallicenseewhoemploystheemployedlicenseemustapplytothechiefexecutiveintheapprovedformfortheappointmentortheextension of the appointment of an
adult (also thenominatedperson) as
the licensee’s substitute licensee.Maximum
penalty—200 penalty units.(5)The application
must be accompanied by—(a)thenominatedperson’ssignedconsenttotheappointment;
and(b)enoughinformationaboutthenominatedpersontoenable the chief executive to decide
whether the personis—(i)a suitable
person to hold a licence; andPage 50Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 53](ii)sufficientlyqualifiedtoperformtheemployedlicensee’s
activities during the period; and(c)the
application fee prescribed under a regulation; and(d)if,beforeorwhentheapplicationismade,acriminalhistorycostsrequirementismadeoftheprincipallicensee—the
amount of the costs required to be paid.(6)In
this section—principal licenseeincludes—(a)foralicenseeforwhomanadministratorhasbeenappointedundertheGuardianshipandAdministrationAct 2000—the
licensee’s administrator; and(b)foradeceasedlicensee—thelicensee’spersonalrepresentative.53Chief
executive may appoint or refuse to appointsubstitute
licensee(1)The chief executive may decide to
appoint or refuse to appointa nominated
person mentioned in section 51(3) or 52(4) as alicensee’s
substitute licensee.(2)The chief
executive may appoint the nominated person only ifthe
chief executive is satisfied that the person—(a)is,
under division 5, a suitable person to hold a licence;and(b)issufficientlyqualifiedtoperformthelicensee’sactivitiesduringtheperiodofthelicensee’sabsence;and(c)if the licensee
is required as a condition of the licensee’slicence to hold
insurance—is covered by the insuranceor holds
insurance that complies with the requirementsof the
condition.(3)An appointment under this section may
be made subject to theconditions the chief executive
considers appropriate.Current as at [Not applicable]Page
51
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 54](4)Thechiefexecutivemustgivewrittennoticeoftheappointment to the licensee and the
substitute licensee.(5)Ifthechiefexecutivedecidestorefusetoappointthenominated person or impose conditions on the
appointment,thechiefexecutivemustgivethelicenseeaninformationnoticeaboutthedecisionwithin14daysaftermakingthedecision.54Substitute licensee(1)On
appointment, a substitute licensee—(a)mustactassubstituteforthelicenseeforwhomthesubstitute is appointed; and(b)istakentobethelicenseeduringtheperiodoftheappointment.(2)A
licensee for whom a substitute has been appointed must notactundertheauthorityofthelicensee’slicencewhiletheappointment of the substitute licensee
continues.Maximum penalty—200 penalty units.(3)The appointment of the substitute
licensee ends if—(a)the period of the appointment ends;
or(b)theprincipallicenseegiveswrittennoticetoendtheappointment from a date stated in the
notice—(i)forasubstitutelicenseeappointedundersection 51(1) or 52(2)—to the substitute
licensee;or(ii)forasubstitutelicenseeappointedundersection 53—tothechiefexecutiveandthesubstitute
licensee; or(c)thesubstitutelicenseegiveswrittennoticetoendtheappointment from
a date stated in the notice—(i)forasubstitutelicenseeappointedundersection 51(1)or52(2)—totheprincipallicenseewho
made the appointment; orPage 52Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 55](ii)forasubstitutelicenseeappointedundersection 53—tothechiefexecutiveandtheprincipallicenseewhoappliedfortheappointment; or(d)thechiefexecutiverevokesthesubstitutelicensee’sappointment;
or(e)the licensee’s licence is suspended or
cancelled; or(f)if the licensee is a principal
licensee—the licensee stopscarrying on
business as a licensee.55Limitation on
period of substitution(1)A principal
licensee may not appoint a substitute licensee forhimself or herself for more than 12 weeks in
any period of 12months.(2)A
principal licensee may not appoint a substitute licensee foran
employed licensee for more than 12 weeks in any period of12
months.(3)The chief executive may not appoint a
substitute licensee for alicensee for more than 26 weeks in any
period of 12 months.Subdivision 3General56Amendment of licence conditions(1)The chief executive may amend the
conditions of a licence—(a)on the
licensee’s application; or(b)on the order of
QCAT after a disciplinary hearing; or(c)on
the chief executive’s own initiative.Note—QCATmaydealwiththeconditionsofaperson’slicenceundersection
199.Current as at [Not applicable]Page
53
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 56](2)An application under subsection (1)(a)
must be made in theapprovedformandbeaccompaniedbytheapplicationfeeprescribed under a regulation.(3)Beforedecidingtomakeanamendmentundersubsection (1)(a),thechiefexecutivemustbesatisfiedthelicensee meets the requirements the chief
executive considersthe licensee must meet to be eligible for
the amendment.(4)Beforedecidingtomakeanamendmentundersubsection (1)(c), the chief executive
must—(a)give written notice to the
licensee—(i)of the particulars of the proposed
amendment; and(ii)that the
licensee may make written submissions tothe chief
executive about the proposed amendmentbefore a stated
day, not later than 14 days after thenotice is given
to the licensee; and(b)have regard to
submissions made to the chief executiveby the licensee
before the stated day.(5)Subsection (4)
does not apply if the chief executive decidesthat the
amendment must be made urgently—(a)to
avoid potential claims against the fund; or(b)toensurecompliancewiththisActortheAdministration
Act.(6)Ifthechiefexecutivedecidestoamendtheconditionsofalicence under subsection (1)(c), the
chief executive must givethe licensee an information notice
about the decision within14 days after making the
decision.(7)The amendment takes effect—(a)on the day the written notice of the
amendment is givento the licensee; or(b)if a
later day is stated in the notice, on the stated day.(8)If the chief executive decides to
refuse to make an amendmentrequestedundersubsection
(1)(a),thechiefexecutivemustPage 54Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 57]givetheapplicantaninformationnoticeaboutthedecisionwithin 14 days
after making the decision.57Return of licence
for amendment or replacement(1)Thechiefexecutivemayrequirealicenseetoproducethelicensee’slicenceforamendmentorreplacementwithinastated period of not less than 14 days
if the chief executiveintends to—(a)amend the conditions of the licence under
section 56; or(b)replace the licence under section
67(5).(2)Thelicenseemustcomplywiththerequirementunlesstheperson has a reasonable excuse.Maximum penalty—100 penalty units.58Return of licence for suspension or
cancellation(1)Apersonwhoselicencehasbeensuspendedorcancelledunder section
229(1) or an order made by QCAT must returnthelicencetothechiefexecutivewithin14daysafterthesuspension or cancellation unless the
person has a reasonableexcuse.Maximum
penalty—100 penalty units.(2)Subsection
(1)doesnotapplyifsection61(6)or62(2)applies.59Surrender of licence(1)Alicenseemaysurrenderthelicensee’slicencebygivingwritten notice
to the chief executive and returning the licence.(2)A licence surrendered under this
section stops having effecton the day it is
surrendered.Current as at [Not applicable]Page
55
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 60]60Licence may be deactivated(1)Alicenseemayaskthechiefexecutivetodeactivatethelicensee’s licence.(2)A
request under subsection (1) must be made in the approvedform
and be accompanied by the licensee’s licence and the feeprescribed under a regulation.(3)The licence is taken to be deactivated
when the request, thelicenceandtheprescribedfeearereceivedbythechiefexecutive under
subsection (2).(4)A licence that is deactivated does not
authorise the licensee toperform an activity under the
authority of the licence.(5)The deactivation
of a licence under this section does not—(a)affect the term of the licence; or(b)entitle the licensee to a refund of
fees for the licence forthe balance of the licence’s
term.(6)Theholderofadeactivatedlicencemayapplytohavethelicence renewed under section 43 or restored
under section 46as a deactivated licence at a reduced fee
prescribed under aregulation.(7)Alicenseemayaskthechiefexecutivetoreactivatethelicence.(8)However, if the licence has been deactivated
for 5 years ormore,thelicencemaybereactivatedonlyifthelicenseesatisfies any educational or other
requirements applying underthisActtoanapplicantforalicenceofthetypetobereactivated.(9)A
request under subsection (7) must be made in the approvedformandbeaccompaniedbythefeeprescribedunderaregulation.Page 56Current as at [Not applicable]
Division 11Motor Dealers and
Chattel Auctioneers Act 2014Part 2
Licensing[s 61]Suspension and
cancellation oflicencesNotauthorised—indicativeonly61Immediate suspension(1)This section applies if—(a)the chief executive reasonably
considers that a licensee’slicence was
obtained, or renewed or restored, because ofmaterially
incorrect or misleading information; or(b)thechiefexecutivereasonablyconsidersthatanirregularityordeficiencyexistsinalicensee’strustaccount; or(c)the
chief executive is satisfied a licensee has failed tofile
an audit report as required under the AdministrationAct,
section 35(2)(b); or(d)areceiverisappointedundertheAdministrationAct,section 47 over property—(i)held by a licensee; or(ii)held by another
person for a licensee; or(iii)recoverable by a
licensee; or(e)thechiefexecutivereasonablyconsidersthatalicensee—(i)has
contravened or is contravening this Act or theAdministration
Act; or(ii)has contravened
PAMDA; or(iii)islikelyorproposingtoengageinconductthatwouldcontravenethisActortheAdministrationAct.(2)Thechiefexecutivemay,whetherornotdisciplinaryproceedings have
been started under this Act—(a)suspend the licensee’s licence; or(b)withoutlimitingparagraph(a),forsubsection (1)(b),suspend a
licence held by an employee of the licensee ifCurrent as at
[Not applicable]Page 57
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 62]thechiefexecutiveconsiders,onreasonablegrounds,theemployeeisresponsibleinanywayfortheirregularity or deficiency in the
licensee’s trust account.(3)Ifthechiefexecutivesuspendsalicenceforareasonmentioned in
subsection (1)(a), (b), (d) or (e), the licence maybe
suspended for the period, of not more than 28 days, and onthe
conditions the chief executive decides.(4)Ifthechiefexecutivesuspendsalicenceforthereasonmentioned in
subsection (1)(c), the licence is suspended untilwhichever of the following happens
first—(a)the licensee files the required audit
report;(b)anapplicationtoQCATforthecancellationofthelicence is heard and decided.(5)Thechiefexecutivemustgivethelicenseeaninformationnoticeaboutthedecisiontosuspendthelicensee’slicencewithin 14 days after the suspension.(6)Thelicenseemustreturnthelicencetothechiefexecutivewithin 14 days after the licensee receives
the notice, unless theperson has a reasonable excuse.Maximum penalty for subsection (6)—100
penalty units.62Immediate cancellation(1)A licensee’s licence is cancelled on
the happening of any ofthe following events—(a)the licensee is convicted of a serious
offence;(b)ifthelicenseeisanindividual,thelicenseeisaninsolvent under administration;(c)ifthelicenseeisacorporation,thelicenseehasbeenwound up or
deregistered under the Corporations Act;(d)1 or
more of the following persons becoming subject toa
relevant control order—(i)the
licensee;Page 58Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 64](ii)ifthelicenseeisacorporation—anexecutiveofficer of the corporation.(2)Thelicenseemustreturnthelicencetothechiefexecutivewithin 14 days after the happening of an
event mentioned insubsection (1), unless the licensee has a
reasonable excuse.Maximum penalty for subsection (2)—100
penalty units.Division 12General
provisions about licences64Form of
licence(1)A licence must be in the approved
form.(2)However, the chief executive may
approve—(a)a form of licence for office display
purposes; andExample—a licence in the
form of a certificate that may be framed anddisplayed in an
office(b)a form of licence for personal
identification purposes.(3)Thechiefexecutivemayalsoissueaformoflicenceforacorporation endorsed with the
categories of licence issued inthe
corporation’s name.(4)The licence must contain the following
particulars—(a)the name of the licensee;(b)the date of issue of the
licence;(c)the expiry date of the licence;(d)other particulars prescribed under a
regulation.65Requirement to keep copy of licence
available forinspection(1)Alicenseethatisacorporationmustkeepacopyofthelicensee’slicenceavailableforinspectionateachplaceofbusiness of the licensee.Current as at [Not applicable]Page
59
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 66]Maximum penalty—100 penalty units.(2)Aprincipallicenseemustkeepacopyoftheprincipallicensee’slicenceavailableforinspectionateachplaceofbusiness of the principal
licensee.Maximum penalty—100 penalty units.(3)A licensee employed by a principal
licensee must keep a copyof the licensee’s licence available
for inspection at each placeof business
where the licensee is employed by the principallicensee as an
employed licensee.Maximum penalty—100 penalty units.66Term of licence(1)A
licence may be issued for a 1-year or 3-year term.(2)However, a regulation may prescribe
the circumstances underwhich a licence may be issued or
renewed for a shorter term.Example—A
licence may be issued for a shorter term to ensure multiple
licencesheld by the same person expire on the same
day.67Replacement licences(1)Alicenseemayapplytothechiefexecutiveforthereplacement of a
lost, stolen, destroyed or damaged licence.(2)The
application must be made in the approved form and beaccompanied by the fee prescribed under a
regulation.(3)Thechiefexecutivemustgranttheapplicationifthechiefexecutiveissatisfiedthelicencehasbeenlost,stolenordestroyed, or damaged in a way to require
its replacement.(4)Ifthechiefexecutivegrantstheapplication,thechiefexecutivemustissueanotherlicencetotheapplicanttoreplace the original licence.(5)The chief executive may also replace a
licence if—(a)either—Page 60Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Dealers and Chattel Auctioneers Act 2014Part 2
Licensing[s 68](i)thelicenseehasgivenwrittennoticetothechiefexecutive of a
prescribed change; or(ii)thechiefexecutivereasonablybelievesaprescribedchangeforthelicenseehashappened;and(b)thechiefexecutiveissatisfiedtheprescribedchangerequires a replacement of the
licence.(6)If the chief executive replaces a
licence under this section—(a)thelicencecontinuestobesubjecttothesameconditionsandtermtowhichthelicencewassubjectbefore being
replaced; and(b)thelicenseemustpaythechiefexecutivethefeeprescribed under
a regulation.(7)In this section—prescribedchangemeansaprescribedchangeundersection
69.68Register of licences(1)Thechiefexecutivemustkeeparegisteroflicencesandapplications for licences (thelicence register).(2)The licence register must contain the
following particulars—(a)for each
applicant for a licence—(i)the applicant’s
name; and(ii)if the applicant
intends to carry on business underthe licence—the
place where the applicant intendsto carry on
business; and(iii)the category of
licence applied for; and(iv)the date of the
application; and(v)the application number;(b)for each licensee—(i)the
licensee’s name; andCurrent as at [Not applicable]Page
61
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 68](ii)the licensee’s
registered office; and(iii)the category of
the licensee’s licence; and(iv)thedatesofissueandexpiryofthelicensee’scurrent licence;
and(v)any conditions imposed on the licence;
and(vi)ifthelicenseeisacorporation—thenameoftheindividualinchargeofthelicensee’sbusinessatthe licensee’s registered office;
and(vii) ifthelicenseeisadirectorofalicensedcorporation—the
name of the licensed corporation;and(viii) if the licensee is an employee of
another licensee—the name of the licensee’s employer;
and(ix)the licensee’s
licence number; and(x)particularsofanysurrender,suspensionorcancellation of the licensee’s
licence.(3)Apersonmay,onpaymentofthefeeprescribedunderaregulation, inspect or get a copy of
details in the part of theregistercontainingtheparticularsmentionedinsubsection (2)—(a)at a
place or places decided by the chief executive; or(b)by using a computer.(4)A person may pay the fee, in advance
or in arrears, under anarrangement approved by the chief
executive.(5)Theregistermaybekeptinanywaythechiefexecutiveconsiders appropriate.(6)In
this section—containincludes record
and store.Page 62Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 13Motor Dealers and
Chattel Auctioneers Act 2014Part 2
Licensing[s 69]General
provisions about licensees69Licensees to
notify chief executive of changes incircumstances(1)Alicenseemustgivenoticetothechiefexecutiveofaprescribed change in the licensee’s
circumstances within 14days after the change.Maximum penalty—100 penalty units.(2)In this section—prescribedchangemeansachangeprescribedunderaregulation.70Registered officeA
licensee’sregistered officeis—(a)for a principal licensee—(i)theplacethelicenseestatesinthelicensee’sapplication for
a licence as the licensee’s principalplace of
business; or(ii)another place
notified to the chief executive by thelicenseeintheapprovedformasthelicensee’sprincipal place
of business; and(b)for an employed licensee—(i)theplacethelicenseestatesinthelicensee’sapplication for
a licence as the licensee’s businessaddress;
or(ii)another place
notified to the chief executive by thelicenseeintheapprovedformasthelicensee’sbusiness
address.Current as at [Not applicable]Page
63
Notauthorised—indicativeonlyMotor Dealers and Chattel Auctioneers
Act 2014Part 2 Licensing[s 71]71Licensee must notify chief executive
of change in placeof business etc.(1)Aprincipallicenseemustnotifythechiefexecutiveintheapproved form
of—(a)any change in the licensee’s principal
place of businesswithin 14 days after the change; and(b)the closure of any place where the
licensee carries onbusiness within 14 days after the closure;
and(c)the opening of any place where the
licensee carries onbusiness within 14 days after the
opening.Maximum penalty—200 penalty units.(2)An employed licensee must notify the
chief executive in theapprovedformofanychangeinthelicensee’sbusinessaddress within 14 days after the
change.Maximum penalty—200 penalty units.72AdvertisingA licensee must
not publish, or permit to be published, in anewspaperorelsewhereanadvertisementforthelicensee’sbusiness without
stating in the advertisement the particularsprescribed under
a regulation.Maximum penalty—100 penalty units.73Licensee to obtain statement from
seller of vehicle(1)A licensee must, when buying a motor
vehicle or accepting amotorvehicleforsaleonconsignmentfromaperson(theseller)inthecourseofcarryingonthelicensee’sbusiness,obtain from the seller a statement, signed
by the seller, statingtheparticularsaboutthesellerandthevehicleprescribedunder a
regulation.