Property Agents and Motor Dealers Amendment Regulation (No. 1) 2006 (Qld)

Queensland Property Agents and Motor Dealers Amendment Regulation (No. 1) 2006 Subordinate Legislation 2006 No. 219 made under the PropertyAgentsandMotorDealersAct2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new ss 5A–5E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5A Refund of licence issue fee . . . . . . . . . . . . . . . . . . . . 3 5B Refund of registration issue fee . . . . . . . . . . . . . . . . . 3 5C Refund if licence surrendered or licence term shortened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5D Refund if registration certificate is surrendered . . . . . 4 5E Fees that are not refundable . . . . . . . . . . . . . . . . . . . 4 5 Replacement of s 21 (Particular vehicles without statutory warranty to be identified when offered for sale) . . . . . . . . . . . . . . 5 21 Unwarranted and restorable vehicles to be identified when offered for sale—auctioneers . . . . . . . . . . . . . . 5 21A Unwarranted and restorable vehicles to be identified when offered for sale—motor dealers . . . . . . . . . . . . 6 6 Amendment of s 22 (Defects not covered by statutory warranty). 6 7 Amendment of s 25 (Auctioneer or motor dealer to give statement to buyer of vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 40 (Register) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Amendment of s 41 (Trust account receipt forms) . . . . . . . . . . . . 7 10 Amendment of s 42 (Dealing with trust account receipt forms) . . 8

2 Property Agents and Motor Dealers Amendment Regulation (No. 1) 2006 No. 219, 2006 11 Amendment of s 43 (Trust account deposit forms). . . . . . . . . . . . 8 12 Amendment of s 49 (Trust account ledger—form) . . . . . . . . . . . . 9 13 Amendment of s 54 (Transfer of trust accounts). . . . . . . . . . . . . . 9 14 Amendment of sch 1 (Fees and commission) . . . . . . . . . . . . . . . 10 15 Amendment of sch 2 (Qualifications for particular licences and registration certificates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 3 s4 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 1 Short title This regulation may be cited as the Property Agents and Motor Dealers Amendment Regulation (No. 1) 2006 . 2 Commencement This regulation commences on 21 August 2006. 3 Regulation amended This regulation amends the Property Agents and Motor Dealers Regulation 2001. 4 Insertion of new ss 5A–5E After section 5— insert— ‘5A Refund of licence issue fee ‘(1) If an application for a licence is withdrawn, the licence issue fee paid in relation to the application must be refunded. ‘(2) If the chief executive refuses to issue a licence to an applicant, the licence issue fee paid in relation to the application must be refunded. ‘5B Refund of registration issue fee ‘(1) If an application for registration is withdrawn, the registration issue fee paid in relation to the application must be refunded. ‘(2) If the chief executive refuses to issue a registration certificate, the registration issue fee paid in relation to the application for registration must be refunded. ‘5C Refund if licence surrendered or licence term shortened ‘(1) If a category of licence is surrendered and the term of the licence is 3 years, an amount equal to the licence renewal fee for 1 year, for the category of licence, that was payable by the

s4 4 s4 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 following person when the fees payable for the term were paid must be refunded for each whole year the licence is unexpired— (a) if the licensee is an individual—an individual; (b) if the licensee is a corporation—a corporation. ‘(2) Subsection (3) applies if the term of a category of licence (the first licence ) held by a licensee has been shortened so that the first licence’s expiry day is the same as the expiry day of a licence of the same category held by another licensee who carries on business in conjunction with the licensee. ‘(3) An amount equal to one twelfth of the licence renewal fee for 1 year, for the category of licence, that was payable when the fees payable for the original term of the first licence were paid must be refunded to the licensee under the first licence for each whole month the first licence is unexpired. ‘5D Refund if registration certificate is surrendered ‘If a registration certificate is surrendered and the term of registration is 3 years, an amount equal to the registration certificate renewal fee for 1 year that was payable by a person when the fees payable for the term were paid must be refunded for each whole year the registration is unexpired. ‘5E Fees that are not refundable ‘To remove any doubt, it is declared that— (a) no refund is payable for an application fee for— (i) a licence or registration; or (ii) renewal of a licence or renewal of a registration certificate; or (iii) restoration of a licence or restoration of registration; and (b) no refund is payable for— (i) a fee to restore a licence; or (ii) the unexpired term of a deactivated licence; or

s5 5 s5 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 (iii) the unexpired term of a suspended or cancelled licence.’. 5 Replacement of s 21 (Particular vehicles without statutory warranty to be identified when offered for sale) Section 21— omit, insert— ‘21 Unwarranted and restorable vehicles to be identified when offered for sale—auctioneers ‘(1) For section 238(1) 1 of the Act, an auctioneer must have a sign displayed in a prominent position on each unwarranted vehicle stating in lettering at least 5cm in height ‘no statutory warranty’. ‘(2) However, if an auctioneer sells only unwarranted vehicles from particular premises, it is enough to display a sign in a prominent position at the main entrance to the premises stating in lettering at least 10cm in height that vehicles sold from the premises do not have a statutory warranty. ‘(3) In an advertisement for the sale of an unwarranted vehicle, an auctioneer must state that the vehicle does not have a statutory warranty. ‘(4) For section 238(2) of the Act, an auctioneer must have a sign displayed in a prominent position on each restorable vehicle stating in lettering at least 5cm in height ‘if this vehicle is sold as a restorable vehicle, the statutory warranty will not apply’. ‘(5) The sign required under subsection (1) or (4) must be displayed— (a) in close proximity to the price or description of the vehicle; or (b) if the vehicle does not have a price or description displayed, on its front windscreen. 1 Section 238 (Unwarranted and restorable vehicles to be identified when offered for sale) of the Act

s6 6 s6 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 ‘21A Unwarranted and restorable vehicles to be identified when offered for sale—motor dealers ‘(1) For section 316(1) 2 of the Act, a motor dealer must have a sign displayed in a prominent position on each unwarranted vehicle stating in lettering at least 5cm in height ‘no statutory warranty’. ‘(2) However, if a motor dealer sells only unwarranted vehicles from particular premises, it is enough to display a sign in a prominent position at the main entrance to the premises stating in lettering at least 10cm in height that vehicles sold from the premises do not have a statutory warranty. ‘(3) For section 316(2) of the Act, a motor dealer must have a sign displayed in a prominent position on each restorable vehicle stating in lettering at least 5cm in height ‘no statutory warranty will apply to this restorable vehicle if the buyer waives the statutory warranty’. ‘(4) The sign required under subsection (1) or (3) must be displayed— (a) in close proximity to the price or description of the vehicle; or (b) if the vehicle does not have a price or description displayed, on its front windscreen.’. 6 Amendment of s 22 (Defects not covered by statutory warranty) Section 22— insert— ‘(d) a defect in any of the following— (i) a tyre or tyre tube; (ii) a battery; (iii) a light other than a warning light or a turn indicator light used as a hazard light; 2 Section 316 (Unwarranted and restorable vehicles to be identified when offered for sale) of the Act

s7 7 s9 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 (iv) a radiator hose; (v) a radio aerial or other aerial; (vi) spark plugs; (vii) distributor points; (viii) wiper rubbers; (ix) oil or an oil filter; (x) a fuel filter or air filter; (xi) a hose for a heater unit.’. 7 Amendment of s 25 (Auctioneer or motor dealer to give statement to buyer of vehicle) Section 25(a)— insert— ‘ Examples — • if the vehicle was owned by a motor dealer immediately before the sale, the statement must contain the name of the motor dealer • if the vehicle is being sold on consignment by a motor dealer, the statement must contain the name of the owner of the vehicle for whom the vehicle is being sold as agent’. 8 Amendment of s 40 (Register) Section 40— insert— ‘(2) A register of trust account receipt forms must be updated within 2 business days of a trust account receipt form being brought into use for the operation of a trust account.’. 9 Amendment of s 41 (Trust account receipt forms) (1) Section 41— insert—

s 10 8 s 11 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 ‘(1A) Each trust account receipt form must be consecutively and uniquely numbered for each licence.’. (2) Section 41(2)(d) and (e)— omit, insert— ‘(d) details of the transaction, including a way by which the name of the person on whose behalf the payment is received can be found out; Example of a way by which the name of a person can be found out — using a code to identify the person, for example, S4 stands for N. Smith (e) a brief description of the matter for which the trust money was received, including for trust money received that is rent— (i) the address of the rented premises; and (ii) the day up to which the rent is paid;’. 10 Amendment of s 42 (Dealing with trust account receipt forms) Section 42(1)(a) and (b), after ‘by way of’— insert— ‘direct deposit or’. 11 Amendment of s 43 (Trust account deposit forms) (1) Section 43, from ‘A trust account’ to ‘contain’— omit, insert— ‘A principal licensee must ensure that a trust account deposit form contains’. (2) Section 43— insert— ‘Maximum penalty—10 penalty units.’.

s 12 9 s 13 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 12 Amendment of s 49 (Trust account ledger—form) (1) Section 49(1), from ‘Each’ to ‘contain’— omit, insert— ‘A principal licensee must ensure that each trust ledger account contains’. (2) Section 49(1)— insert— ‘Maximum penalty—10 penalty units.’. (3) Section 49(2), from ‘Also’ to ‘contain’— omit, insert— ‘Also, a principal licensee must ensure that each trust ledger account contains’. (4) Section 49(2)— insert— ‘Maximum penalty—10 penalty units.’. 13 Amendment of s 54 (Transfer of trust accounts) (1) Section 54(3), ‘may’— omit, insert— ‘must’. (2) Section 54(3)— insert— ‘(c) subsection (4) is satisfied.’. (3) Section 54— insert— ‘(4) This subsection is satisfied if— (a) the transferee is the public trustee and the public trustee has agreed to accept the transfer; and (b) the former licensee or partnership has taken reasonable steps to contact the person entitled to the money; and

s 14 10 s 15 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 (c) the former licensee or partnership has given a notice under the Trust Act 1973 , section 67 3 for the money; and (d) it is after the date fixed in the notice; and (e) the former licensee or partnership has no notice of any claim to the money.’. 14 Amendment of sch 1 (Fees and commission) Schedule 1, section 32(2)— omit, insert— ‘(2) A licensee is not entitled to commission payable on the letting of a residential property under a tenancy for holiday purposes.’. 15 Amendment of sch 2 (Qualifications for particular licences and registration certificates) (1) Schedule 2, section 4(1), from ‘organisation of the following’— omit, insert— ‘organisation of— (a) the following units of competency from the Automotive Industry Retail, Service and Repair Training Package AUR99 approved under the repealed Australian National Training Authority Act 1992 (Cwlth)— • AUR38216A (Determine used motor vehicle stock requirements); • AUR41303A (Apply sales procedures); • AUR41769A (Sell product); • AUR41803A (Apply legal requirements relating to product sales); • AUR41903A (Apply relevant finance, leasing and insurance contracts/policies); 3 Trust Act 1973 , section 67 (Protection of trustees by means of advertisements)

s 15 11 s 15 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 • AUR44230A (Inspect and appraise used motor vehicles in preparation for purchase); • AUR44355A (Purchase used motor vehicles to supplement stock for sale); • AUR63238A (Manage complex customer issues); • AUR70125A (Follow workplace occupational health and safety procedures); • AUR70314A (Contribute to workplace communication); • AUR70421A (Establish relations with customer); or (b) the following units of competency from the Automotive Industry Retail, Service and Repair Training Package AUR05 approved under that repealed Act— • AURS338216A (Determine used motor vehicle stock requirements); • AURS241303A (Apply sales procedures); • AURS241769A (Sell product(s)); • AURS241803A (Apply legal requirements relating to product sales); • AURC341903A (Apply relevant finance, leasing and insurance contracts/policies); • AURS344330A (Inspect, appraise and purchase used motor vehicles to supplement stock for sale); • AURC463238A (Manage complex customer issues); • AURC270103A (Apply safe working practices); • AURC270789A (Communicate effectively in the workplace); • AURC270421A (Establish relations with customers).’. (2) Schedule 2, section 4(2)(a)— omit, insert—

s 15 12 s 15 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 ‘(a) the successful completion at, or the assessment of competency by, a registered training organisation of— (i) the following units of competency from the Automotive Industry Retail, Service and Repair Training Package AUR99 approved under the repealed Australian National Training Authority Act 1992 (Cwlth)— • AUR37927A (Identify automotive parts/components/accessories); • AUR41303A (Apply sales procedures); • AUR42403A (Apply legal requirements relating to automotive sales); • AUR44355A (Purchase used motor vehicles to supplement stock for sale); • AUR63238A (Manage complex customer issues); • AUR70125A (Follow workplace occupational health and safety procedures); • AUR70314A (Contribute to workplace communication); • AUR70421A (Establish relations with customer); or (ii) the following units of competency from the Automotive Industry Retail, Service and Repair Training Package AUR05 approved under that repealed Act— • AURS238127A (Identify and select automotive parts and products); • AURS241303A (Apply sales procedures); • AURV228603A (Apply legal requirements for vehicle dismantlers); • AURS344330A (Inspect, appraise and purchase used motor vehicles to supplement stock for sale);

s 15 13 s 15 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 • AURC463238A (Manage complex customer issues); • AURC270103A (Apply safe working practices); • AURC270789A (Communicate effectively in the workplace); • AURC270421A (Establish relations with customers); or’. (3) Schedule 2, section 4(2)(b) and (c), before ‘3 years’— insert— ‘until the end of 30 June 2007,’. (4) Schedule 2, section 4— insert— ‘(4A) Subsections (4) and (5) and this subsection expire on 30 June 2007.’. (5) Schedule 2, section 8(1), from ‘organisation of the following’— omit, insert— ‘organisation of— (a) the following units of competency from the Automotive Industry Retail, Service and Repair Training Package AUR99 approved under the repealed Australian National Training Authority Act 1992 (Cwlth)— • AUR41303A (Apply sales procedures); • AUR41803A (Apply legal requirements relating to product sales); • AUR41903A (Apply relevant finance, leasing and insurance contracts/policies); • AUR70125A (Follow workplace occupational health and safety procedures); • AUR70314A (Contribute to workplace communication);

s 15 14 s 15 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 • AUR70421A (Establish relations with customer); or (b) the following units of competency from the Automotive Industry Retail, Service and Repair Training Package AUR05 approved under that repealed Act— • AURS241303A (Apply sales procedures); • AURS241803A (Apply legal requirements relating to product sales); • AURC341903A (Apply relevant finance, leasing and insurance contracts/policies); • AURC270103A (Apply safe working practices); • AURC270789A (Communicate effectively in the workplace); • AURC270421A (Establish relations with customers).’. (6) Schedule 2, section 8(2), from ‘organisation of the following’— omit, insert— ‘organisation of— (a) the following units of competency from the Automotive Industry Retail, Service and Repair Training Package AUR99 approved under that repealed Act— • AUR37927A (Identify parts/components/accessories); automotive • AUR41303A (Apply sales procedures); • AUR42403A (Apply legal requirements relating to automotive sales); • AUR70125A (Follow workplace occupational health and safety procedures); • AUR70314A (Contribute to workplace communication); • AUR70421A (Establish relations with customer); or

s 15 15 s 15 Property Agents and Motor Dealers Amendment No. 219, 2006 Regulation (No. 1) 2006 (b) the following units of competency from the Automotive Industry Retail, Service and Repair Training Package AUR05 approved under that repealed Act— • AURS238127A (Identify and select automotive parts and products); • AURS241303A (Apply sales procedures); • AURV228603A (Apply legal requirements for vehicle dismantlers); • AURC270103A (Apply safe working practices); • AURC270789A (Communicate effectively in the workplace); • AURC270421A (Establish relations with customers).’. ENDNOTES 1 Made by the Governor in Council on 14 August 2006. 2 Notified in the gazette on 18 August 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Office of Fair Trading. © State of Queensland 2006 Authorised by the Parliamentary Counsel and printed by the Government Printer