Australia: Property Occupations Act 2014 (Qld) to replace PAMDA

The development and real estate industries have welcomed the passing of the Property Occupations Act 2014 (the Act) by Parliament with amendment on 7 May 2014.

The Act will regulate property occupations and transactions, and is one of four Acts that will provide for the repeal and split of the Property Agents and Motor Dealers Act 2000 (Qld) (PAMDA).


The commencement of the Act is to be fixed by proclamation.

It is understood that the Act will commence after consultation with industry, to allow time to prepare for the legislated changes.

This article discusses some of the more significant changes that will be introduced upon the commencement of the Act.


The meaning of residential property has been replaced with the following definition:

      Real property that is used or intended to be used, for residential
      purposes but does not include real property
      that is used primarily for the purpose of industry,
      commerce or primary production.

Contracting parties will now have greater certainty on whether the Act will apply to a transaction.


The Act removes the requirement to attach a PAMDA Form 30c Warning Statement and a Body Corporate and Community Management Act 1997 (Qld) (BCCMA) Form 14 Information Sheet to a relevant contract.

A prescribed statement will however need to be included, immediately above and on the same page where the buyer signs, using the following conspicuously written words or words to the like effect:

    The contract may be subject to a 5 business day
    statutory cooling-off period. A termination penalty of
    0.25% of the purchase price applies if the buyer
    terminates the contract during the statutory cooling-off
    period. It is recommended the buyer obtain an
    independent property valuation and independent legal
    advice about the contract and his or her cooling-off
    rights, before signing.

Non-compliance with these provisions will result in a penalty of up to $22,000 and not a termination right, as is currently prescribed under PAMDA.

The requirements for a seller to provide a disclosure statement under BCCMA and the ability of the buyer to terminate for the failure to provide a disclosure statement will remain.


The existing five day cooling-off period and the non-application of the period to sales by auction will continue.

No cooling-off period will apply to contracts entered into two business days after an auction, provided the buyer was a registered bidder at the auction.

The PAMDA Form 32a Lawyer's Certifications will no longer be required to waive a cooling-off period. Instead, a buyer will be able to waive or shorten the cooling-off period by written notice to the seller.

A termination notice under the cooling-off period will not need to specify the section of the legislation under which the buyer is terminating, nor be dated.


Commission will no longer need to be capped and agents will not need to disclose the commission that they are receiving from the seller to the buyer.

Once the legislation commences, agents will be allowed to receive commission when they have a beneficial interest in the property, provided they disclose that interest to the seller, and the seller consents to the agent obtaining that interest.


The Act maintains the requirements and prohibitions on agents in relation to representations about price.

Agents will be allowed to disclose that a reserve price has been set for residential property proposed for auction but not the reserve price.

Price guides will also be banned at auctions.


The Act reduces the licence categories to three for real estate agents, auctioneers and resident letting agents.

There will only be one category of registered employee.

Property developers and their employees will no longer need to be licensed.


The Act removes the following requirements on real estate agents:

  1. for principal licensees to display their licence at their registered offices;
  2. to provide photographs and auditor's details with licence applications;
  3. to provide evidence of active trading on renewal of a licence;
  4. for an employment register to be maintained;
  5. to provide a prospective buyer of non-residential vacant land with a written statement that the land cannot be used for residential purposes; and
  6. to give notice about the sale of a resident letting agent's business to prospective buyers of the business.

In relation to the appointment of agents, the Act:

  1. provides for one approved form that can be used by any agent for any type of appointment as long as it contains the required information;
  2. removes the requirement to state how services are to be performed;
  3. removes the requirement to include the end date in continuing appointment;
  4. requires a written sole or exclusive agency appointment stating the end date, which has been extended to a maximum of 90 days. This information is not required to be in an approved form.
  5. removes the requirement for sole or exclusive agents to bring client's attention to particular information in the approved form;
  6. allows appointments, other than sole or exclusive agency appointments for over 60 days, to be terminated by providing a minimum of 30 days notice;
  7. allows for any appointment to be terminated sooner if both parties agree, in writing, to an earlier termination date; and
  8. removes the requirement for a client to be informed at least 14 days prior to the assignment of an appointment. Alternatively, the agent being appointed must provide written notice to the client within 14 days of the assignment containing the required information.


The changes for resident letting agents include:

  1. allowing agents to manage more than one building complex;
  2. removing the requirement for agents to reside on-site;
  3. removing the requirement to give evidence of body corporate approval with a licence application; and
  4. allowing agents of a 'mixed use development' to obtain a resident letting agent licence.


The Act extends the PAMDA exemption for administrators, liquidators, controllers and receivers from licensing requirements when they are appointed to corporations or natural persons, who were formerly licensed.

Agents acting on behalf of an entity that owns non-residential or non-rural property over the size or financial threshold, yet to be prescribed by regulation, will be exempt from the legislation.

Residential property sales provisions under the Act, which require a cooling-off period and prescribed statement will not apply to the following contracts:

  1. a contract if the buyer is a publicly listed corporation or a subsidiary of a publicly listed corporation;
  2. a contract if the buyer is the State or a statutory body; and
  3. a contract if the buyer is purchasing at least three lots at the same time, whether or not in the one contract.


PAMDA will continue to apply to a relevant residential contract, as it currently does, if it is entered into before the commencement of the Act.

It is important that professionals involved in property transactions understand the new requirements and prepare for the commencement of the Act.

We will provide you with an update once the commencement date is announced.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Joanna Czajkowski
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.