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Overview of PAMDA split and simplification

The Queensland Government is reducing red tape for business. We are simplifying the requirements for:

  • property agents
  • motor dealers
  • auctioneers
  • debt collectors and process servers (commercial agents).

Watch our PAMDA Split information sessions on Youtube.   

Creating separate laws

On 1 December 2014, industry-specific laws will replace the Property Agents and Motor Dealers Act 2000 (PAMDA).

These laws are the:

Simplifying your requirements

We have consulted widely with industry to create a simpler system. The new laws will help business while maintaining appropriate protections for consumers.

Find a full list of changes below.

Property agents

Licence types

  • Property developers will not need a licence.
  • Auctioneers will need an auctioneer licence under the Property Occupations Act 2014 to hold real property auctions.
  • Trainee auctioneer will no longer be a category of registration. Auctioneers will not be able to conduct an auction without a full licence.
  • Pastoral house directors and managers will become real estate agents.
  • Pastoral house salespeople will become real estate salespeople.
  • Pastoral house auctioneers will become both
    • auctioneers under the Property Occupations Act
    • chattel auctioneers under the Motor Dealers and Chattel Auctioneers Act.

Licensing regulations

You will no longer need to display:

  • your licence in your place of business
  • a sign with your name and status as a licensee.

You will still have to:

  • display it at the site of an auction
  • show it to any client who requests to see it.

You won’t need a licence if you only work or act for:

  • the owner of a large scale non-residential property (like a large-scale shopping centre)
  • an organisation that only manages the property it owns (or that a parent company or subsidiary owns).

Other licensing regulations:

  • Either a licensee or registered salesperson will be able to be in charge of a place of business (except for the registered office of the principal licensee).
  • You won’t need to keep an employment register.
  • Auctioneers will no longer need to work as a trainee before applying for a licence.

Appointments

There will be 1 simplified form for clients to appoint a property agent. This will replace the 7 forms that currently exist.

Agents will no longer need to:

  • state how they will perform their services
  • indicate the section of the appointment form that explains the different types of appointment.

The maximum term of appointment for sole or exclusive agency will change from 60 days to 90 days. However appointments that are for 90 days may be terminated after 60 days. The law will be clarified so that either party may end an open listing at any time by giving written notice.

You will not need to state an end date in a continuing appointment.

A resident letting agent will:

  • be able to manage more than 1 building complex
  • no longer need to live on-site
  • need to have a licensed person in charge of each place of business.

Commission

We are deregulating the limits on sale commission. Agents will be able to negotiate any commission with their clients.

More about deregulated real estate commissions

Agents will no longer need to disclose to the buyer how much commission they receive from the seller.

Warning statement

Sellers or agents will not need to attach a separate warning statement to a residential property contract.

Instead, they must include a prescribed statement in the contract itself. It must be:

  • clear, obvious and legible
  • directly above the space for the buyer’s signature.

Beneficial interest sales

Agents will also be able to charge a commission if they have a beneficial interest in the sale. However, they must:

  • act fairly and honestly in relation to the sale
  • make sure the seller knows about their beneficial interest
  • get the seller to sign a form to confirm that they understand and agree to the sale.

Cooling-off period

Buyers will no longer need a lawyer’s certificate to waive or reduce their cooling-off period.

Auctions

Agents will be able to say that a reserve price exists for an auction of residential property. They still must not disclose the reserve price itself.

We are clarifying some of the existing requirements. For instance, agents must not release a price guide for an auction of residential property.

Motor dealers and chattel auctioneers

Licence types

Auctioneers will need a chattel auctioneer licence under the proposed Motor Dealers and Chattel Auctioneers Act to auction vehicles or other goods, including livestock.

Trainee auctioneer will no longer be a category of registration. Auctioneers will not be able to conduct an auction without a full licence.

Pastoral house auctioneers will become both auctioneers under the proposed Property Occupations Act and chattel auctioneers under the proposed Motor Dealers and Chattel Auctioneers Act.

Licensing regulations

You will no longer need to display:

  • your licence in your place of business
  • a sign with your name and status as a licensee.

You must still:

  • display it at the site of an auction
  • show it to any client who requests to see it.

Other licensing regulations:

  • You won’t need to keep an employment register.
  • Auctioneers will no longer need to work as a trainee before applying for a licence.

Operating requirements

We will reduce the number of forms for motor vehicle transactions.

The statutory warranty will apply:

  • to vehicles with an odometer reading of less than 160,000 kilometres and that were manufactured less than 10 years before the sale date
  • for 3 months or 5000 kilometres after the sale (whichever comes first).

You will no longer need to give an approved form for unwarranted vehicles.

Chattel auctioneers who run livestock auctions will no longer need to get a referee from their client before paying out the proceeds of the auction.

Appointments

You will not need to state an end date in a continuing appointment.

Debt collectors (commercial agents)

Licence types

Commercial agents will only need a licence to collect debts, repossess and process serve face-to-face. They will be licensed as field agents. They will need a full licence to:

  • run their own business
  • be in charge of a place of business
  • be a contractor.

Employees of licensed field agents may register as field subagents. This will allow them to collect debts face-to-face.

Commercial agents who collect debts by phone or in writing will be collection agents. They will not need a licence, but must still obey the rest of the laws.

Licensing and registration regulations

You will no longer need to display:

  • your licence in your place of business
  • a sign with your name and status as a licensee.

You must still show your licence it to any client who requests to see it.

Other licensing regulations:

  • You won’t need to keep an employment register.

Appointments

We are making it easier to appoint a field agent as a process server. They will only need to be appointed in writing.

Financial administration (all agents)

The proposed new laws will make the claim fund more effective to use. They will:

  • reduce the time it takes to assess, decide and pay claims
  • allow us to deal with claims or refer them to QCAT, depending on the facts and complexity of the claim
  • allow us to make a special payment from the claim fund if there are emergency or urgent circumstances
  • stop financiers from being able to access the claim fund (except if they are claiming as private citizens).

Community consultation

2012–2013 consultation

In February 2013, we released the proposed Bills for public comment.

Submissions closed on 11 March 2013.

2010 consultation

As part of the first stage of this project (simply splitting the Property Agents and Motor Dealers Act 2000), we held a community consultation in mid-2010.

As part of this process, we released early drafts of the Bills.

We also released a consultation guide (PDF, 195.6 KB).

Submissions closed on 16 September 2010.

Email updates

Subscribe here to get details any updates or changes to the Act.

New Regulations

Along with the new, industry-specific Acts, the following Regulations will apply from 1 December 2014:

These will replace the PAMDA Regulations, including all codes of conduct.

New forms

From 1 December 2014, you will need to use the new forms for your industry. The old forms (under PAMDA) will no longer be appropriate to use. 

You must still use your PAMDA forms up to (and including) 30 November 2014.

Find the new forms

Last updated
1 July 2014

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