The Property Occupations Act 2014 (Qld) (the
Act), which came into effect in December 2014, has
significantly reduced licensing requirements for Queensland agents
which may come as a relief to the commercial property industry.
Ordinarily, an agent undertaking the buying, selling, leasing or
management of a property in Queensland would be required to obtain
either a Queensland real estate agent licence or a resident letting
agent licence (licence) (depending on the work undertaken). This
would include centre management who undertake the role of letting
lots and collecting rent on behalf of a shopping centre owner. The
Act, however, provides an exemption for agents acting as centre
management in certain circumstances.
When does the exemption apply?
The first exemption applies where a shopping centre engages a
'related entity' to undertake the centre management role
(including the letting of premises and collection of rent). If
centre management is acting on behalf of a related entity and the
agent is carrying on that business only in relation to the assets
of the related entity, then the related entity is not required to
A related entity is:
an entity which owns a majority of the shopping centre, either
directly or indirectly (a parent company); or
an entity which is majority owned by the shopping centre,
either directly or indirectly (a subsidiary company); or
an entity that is majority owned by the same person who owns
the majority of the shopping centre, either directly or
It is important to note that while the agent is not required to
be licensed, it is still required to disclose in writing its
relationship to the shopping centre in any advertising or contract
relating to the assets of the shopping centre.
The second exemption applies where the non-residential property
(the shopping centre) has:
A total gross floor area of at least 10,000mSUP>2; or
A total estimated value of at least $10,000,000.
When a shopping centre meets the above requirements, the centre
management of the shopping centre is not required to be
The changes are expected to significantly reduce the red tape in
the industry and the costs of annually renewing
qualifications/licenses, continuing professional development and
operating trust accounts which are associated with holding a real
estate agent license or resident letting agent license under the
Act. Notably, centre management who are not required to be licensed
are not required to operate a trust account, eliminating the costs
of establishing and continuously auditing trust accounts.
It is strongly recommended that you seek legal advice before
operating as a centre management of a shopping centre without a
licence, as strict penalties may apply if you are in breach of the
The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
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