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Motor dealers, salespersons and chattel auctioneers

Disciplinary proceedings

QCAT conducts disciplinary proceedings against:

  • motor dealers
  • motor salespersons
  • chattel auctioneers.

Only the chief executive of the Department of Justice and Attorney-General can apply to commence disciplinary proceedings against a motor dealer, motor salesperson and chattel auctioneer in QCAT.

If QCAT finds that grounds for discipline are established, QCAT may make an order:

  • reprimanding the person 
  • requiring the person to pay a fine 
  • requiring the person to pay compensation to someone who has suffered loss
  • disqualifying the person from holding a licence or registration certificate
  • suspending, cancelling or imposing conditions on the person’s licence or registration certificate.

Review of the chief executive’s decisions

QCAT is able to review certain decisions made by the chief executive regarding licensing, registration, the operation of agent’s trust accounts and claims against the Claim Fund including decisions:

  • regarding the suitability of a person  to hold a licence or registration certificate 
  • issuing or refusing to issue a licence or registration certificate 
  • issuing a licence or registration certificate on conditions
  • renewing or refusing to renew a licence or registration certificate
  • restoring or refusing to restore a licence or registration certificate
  • appointing or refusing to appoint a substitute licensee 
  • amending conditions on a licence or registration certificate 
  • immediately suspending a licence or registration certificate
  • cancelling a licence or registration certificate
  • directing the operation of the licensee’s accounts
  • not to deal with a claim against the Claim Fund
  • allowing or rejecting a claim against the Claim Fund.

For more information see Apply for a review of the chief executive’s decision.

Lodging a financial claim

If you have suffered a financial loss because of the actions of a motor dealer, motor salespersons or a chattel auctioneer you may make a claim against the Claim Fund. If you would like to make a financial claim against the Claim Fund contact the Office of Fair Trading who will investigate your case. Only Fair Trading deals with financial claims. 

Legislation

Queensland legislation related to motor dealers includes the:

  • Agents Financial Administration Act 2014
  • Motor Dealers and Chattel Auctioneers Act 2014
  • Queensland Civil and Administrative Tribunal Act 2009.

The Acts are available from the Office of the Queensland Parliamentary Counsel

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Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.

If you are seeking a review of an authority's decision, generally you must apply within 28 days of the decision being made. There are exceptions to this rule - check your information notice about the specific time limit in your case.

External links

Last reviewed
9 November 2011
Last updated
7 January 2015

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