FAIR TRADING (FEES) AMENDMENT REGULATION (No. 1) 2002

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1 Queensland Subordinate Legislation No. 311 Motor Vehicles Securities Act 1986 Pawnbrokers Act 1984 Property Agents and Motor Dealers Act 2000 Second hand Dealers and Collectors Act 1984 Security Providers Act 1993 Travel Agents Act 1988 FAIR TRADING (FEES) AMENDMENT REGULATION (No. 1) TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 Short title Commencement PART 2 AMENDMENT OF MOTOR VEHICLES SECURITIES REGULATION Regulation amended in pt Amendment of s 4 (Meaning of motor vehicle Act, s 5(1)) Amendment of s 6 (Prescribed particulars to be entered in register) Replacement of s 11 (Inspection of applications, list of interests and limits on access to them) Supply of list of registered security interests Replacement of schedule (Fees) SCHEDULE FEES PART 3 AMENDMENT OF PAWNBROKERS REGULATION Regulation amended in pt

2 2 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, 9 Amendment of schedule (Fees) PART 4 AMENDMENT OF PROPERTY AGENTS AND MOTOR DEALERS REGULATION Regulation amended in pt Replacement of sch 1 (Fees and commission) SCHEDULE 1 FEES AND COMMISSION PART 5 AMENDMENT OF PROPERTY AGENTS AND MOTOR DEALERS (AUCTIONEERING PRACTICE CODE OF CONDUCT) REGULATION Regulation amended in pt Amendment of schedule (Auctioneering practice code of conduct) PART 6 AMENDMENT OF SECOND HAND DEALERS AND COLLECTORS REGULATION Regulation amended in pt Amendment of sch 1 (Fees) PART 7 AMENDMENT OF SECURITY PROVIDERS REGULATION Regulation amended in pt Amendment of schedule (Fees) PART 8 AMENDMENT OF TRAVEL AGENTS REGULATION Regulation amended in pt Amendment of sch 4 (Fees)

3 s 1 3 s 5 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, PART 1 PRELIMINARY 1 Short title This regulation may be cited as the Fair Trading (Fees) Amendment Regulation (No. 1). 2 Commencement This regulation commences on 1 January PART 2 AMENDMENT OF MOTOR VEHICLES SECURITIES REGULATION Regulation amended in pt 2 This part amends the Motor Vehicles Securities Regulation Amendment of s 4 (Meaning of motor vehicle Act, s 5(1)) Section 4, heading Meaning of motor vehicle Act, s 5. 5 Amendment of s 6 (Prescribed particulars to be entered in register) Section 6(f)(vi), Transport Infrastructure (Roads) Act 1991 Transport Operations (Road Use Management) Act 1995.

4 s 6 4 s 7 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, 6 Replacement of s 11 (Inspection of applications, list of interests and limits on access to them) Section Supply of list of registered security interests The chief executive may supply a list of the registered security interests held by a person to the person, but not to anyone else.. 7 Replacement of schedule (Fees) (1) Schedule SCHEDULE FEES section 5 1. Security interest certificate for a vehicle (a) approved account holder (i) on-line (ii) supplied by other means (b) other person (c) if also faxed, additional fee for each page Statement of information under section 10 (a) for each 1 / 2 hour, or part, of computer time (b) maximum fee Additional fee if a document (other than a security interest certificate) is faxed for each page Application to register a security interest for each interest (a) on paper

5 s 7 5 s 7 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, (b) by on-line batch Application to renew registration of a security interest for each interest (a) on paper (b) by on-line batch Application to register an assignment of a registered security interest plus 3.00 for each interest 7. Application to change particulars of a registered security interest entered in the register for each interest (a) on paper (b) by on-line batch Application for correction under section 9 for each interest (a) on paper (b) by on-line batch Application for approval of an arrangement for the payment of fees under the Act Copy of details in the register for each page Each extract from the register for each page Inspection of the register Inspection of an application, other than an application under item List of security interests held by the person asking for the list, on paper plus 0.30 for each page 15. List of security interests held by the person asking for the list, other than on paper plus 0.01 for each interest 16. Search to identify which interest corresponds to a given reference number for each interest

6 s 8 6 s 10 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, (a) by telephone (b) on-line interactive (c) on-line batch PART 3 AMENDMENT OF PAWNBROKERS REGULATION Regulation amended in pt 3 This part amends the Pawnbrokers Regulation Amendment of schedule (Fees) Schedule, item 1 1. Application for a licence PART 4 AMENDMENT OF PROPERTY AGENTS AND MOTOR DEALERS REGULATION Regulation amended in pt 4 This part amends the Property Agents and Motor Dealers Regulation 2001.

7 s 11 7 s 11 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, 11 Replacement of sch 1 (Fees and commission) Schedule 1 SCHEDULE 1 FEES AND COMMISSION sections 5 and 6 PART 1 FEES Division 1 Licence application fees 1. Application fee for licence Application fee for renewal of licence Application fee for restoration of licence Application fee for substitute licence Application fee for amendment of condition of licence Application fee for replacement licence

8 s 11 8 s 11 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, Division 2 Licence issue fees and renewal fees 7. Licence issue fee (a) corporation for 1 year for 3 years (b) individual (i) restricted letting agent for 1 year for 3 years (ii) real estate agent for 1 year for 3 years (iii) pastoral house director for 1 year for 3 years (iv) pastoral house manager for 1 year for 3 years (v) pastoral house auctioneer for 1 year for 3 years (vi) auctioneer for 1 year for 3 years (vii) motor dealer for 1 year for 3 years (viii)commercial agent for 1 year for 3 years

9 s 11 9 s 11 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, (ix) property developer for 1 year for 3 years (x) property developer director for 1 year for 3 years Licence renewal fee (a) corporation for 1 year for 3 years (b) individual (i) restricted letting agent for 1 year for 3 years (ii) real estate agent for 1 year for 3 years (iii) pastoral house director for 1 year for 3 years (iv) pastoral house manager for 1 year for 3 years (v) pastoral house auctioneer for 1 year for 3 years (vi) auctioneer for 1 year for 3 years (vii) motor dealer for 1 year for 3 years

10 s s 11 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, (viii)commercial agent for 1 year for 3 years (ix) property developer for 1 year for 3 years (x) property developer director for 1 year for 3 years Division 3 Deactivated licence fees 9. Fee to deactivate a licence Fee to reactivate a licence Fee to renew a deactivated licence for 1 year (a) corporation (b) individual (i) restricted letting agent (ii) real estate agent (iii) pastoral house director (iv) pastoral house manager (v) pastoral house auctioneer (vi) auctioneer (vii) motor dealer (viii)commercial agent (ix) property developer (x) property developer director Fee to renew a deactivated licence for 3 years (a) corporation (b) individual (i) restricted letting agent

11 s s 11 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, (ii) real estate agent (iii) pastoral house director (iv) pastoral house manager (v) pastoral house auctioneer (vi) auctioneer (vii) motor dealer (viii)commercial agent (ix) property developer (x) property developer director Division 4 Licence restoration fees 13. Fee to restore a licence (other than for a deactivated licence) Fee to restore deactivated licence for 1 year (a) corporation (b) individual (i) restricted letting agent (ii) real estate agent (iii) pastoral house director (iv) pastoral house manager (v) pastoral house auctioneer (vi) auctioneer (vii) motor dealer (viii)commercial agent (ix) property developer (x) property developer director Fee to restore deactivated licence for 3 years (a) corporation (b) individual (i) restricted letting agent

12 s s 11 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, (ii) real estate agent (iii) pastoral house director (iv) pastoral house manager (v) pastoral house auctioneer (vi) auctioneer (vii) motor dealer (viii)commercial agent (ix) property developer (x) property developer director Division 5 Licence register fees 16. Licence register (a) inspection fee (b) fee for a copy of an entry Division 6 Registration certificate fees 17. Application fee for registration Application fee for renewal of registration Registration issue fee for 1 year for 3 years Registration renewal fee for 1 year for 3 years Application fee for restoration Registration restoration fee Application fee for amendment of condition

13 s s 11 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, 24. Application fee for replacement registered certificate Registered certificate register (a) inspection fee (b) fee for a copy of an entry Division 7 Tribunal fees 26. Tribunal register (a) fee for search or inspection of a file (i) for each hour or part of an hour (ii) for each day (b) certification fee Application for review of chief executive s decision under section 483 of the Act Application for review fee under section 502 of the Act Application fee for extension of time Division 8 Other fees 30. Undertakings register (a) inspection fee (b) fee for a copy of an entry

14 s s 11 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, PART 2 COMMISSION Division 1 Residential property 31 Maximum commission on purchase or sale of residential property The maximum commission payable on the purchase or sale of residential property is (a) if the purchase or sale price is not more than % of the price; or (b) if the purchase or sale price is more than (i) 900; and (ii) 2.5% of the part of the price that is more than Maximum commission on letting of residential property (1) The maximum commission payable on the letting of residential property is (a) under a tenancy for more than 1 year (i) if more than 5 years 7.5% of the average annual rental; or (ii) if not more than 5 years 5% of the first year s rental; or (b) under a tenancy for not more than 1 year (i) if more than 3 weeks 1 week s rental; or (ii) if more than 2 weeks and not more than 3 weeks 75% of 1 week s rental; or (iii) if not more than 2 weeks 50% of 1 week s rental. (2) Subsection (1)(b) does not apply if the licensee is entitled to commission under section 33(1). 33 Maximum commission on collection of rents of residential property (1) The maximum commission payable on the collection of rents from residential property is

15 s s 11 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, (a) for a tenancy for holiday purposes (i) if the tenancy is not more than 3 months 12% of the rent collected; or (ii) if the tenancy is more than 3 months 9% of the rent collected; or (b) for a tenancy for residential purposes (i) if commission has not been paid on the letting of the property under section % of the rental collected; or (ii) if commission has been paid on the letting of the property under section 32 5% of the rent collected for the first year and 7.5% from then on. (2) In addition to the amount mentioned in subsection (1), if the licensee is required to arrange and supervise repairs and replacements for the property, the licensee is also entitled to the further amounts as agreed in writing between the parties. 34 Maximum commission on building for removal The maximum commission payable on the sale of a building for removal is 10% of the purchase price. Division 2 Rural land 35 Maximum commission on sale of freehold rural land The maximum commission payable on the sale of freehold rural land (a) if the sale price is not more than % of the price; or (b) if the sale price is more than (i) 900; and (ii) 2.5% of the part of the price that is more than Maximum commission on sale of leasehold rural land The maximum commission payable on the sale of leasehold rural land is

16 s s 11 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, (a) if the sale price is not more than % of the price; or (b) if the sale price is more than (i) 100; and (ii) 5% of the part of the price that is more than and not more than 5 000; and (iii) 2.5% of the part of the price that is more than Maximum commission on sale of livestock The maximum commission payable on the sale of livestock is (a) (b) (c) (d) for sales of stud cattle, stud rams or stud swine (i) if 1 selling agent 5% of the gross proceeds of sale; or (ii) if 2 selling agents in conjunction 6% of the gross proceeds of sale; or (iii) if more than 2 selling agents in conjunction (A) 6% of the gross proceeds of sale; and (B) 2% of the gross proceeds of sale for each selling agent additional to the first 2 selling agents; or for sales of bloodstock 6% of the gross proceeds of sale; or for private sales of cattle or sheep in the paddock, if paragraph (a) does not apply 5% of the gross proceeds of sale; or for auction sales or clearing sales of cattle, horses, sheep or swine, if paragraphs (a) and (b) do not apply 5% of the gross proceeds of sale. 38 Maximum commission on letting of rural land The maximum commission payable on the letting of rural land is (a) if the rental is not more than % of the first year s rental; or (b) if the rental is more than 200

17 s s 11 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, (i) 20; and (ii) 5% of the part of the rental that is more than Maximum commission on share farming The maximum commission payable for negotiating a share farming agreement is 1.5% of the amount an owner or lessor advises the licensee the share tenant would be likely to receive as the share tenant s share of the profits for 1 year from the commencement of the agreement based, if possible, on the profits received in a fair average season. Division 3 Exchange of properties 40 Maximum commission on exchange of properties (1) This section applies to residential or rural property. (2) The maximum commission payable on an exchange of properties is the amount calculated using the rate prescribed for each property as if each property had been sold separately for the amount adopted by the commissioner of stamp duties as the value of each property respectively for the purposes of the Stamp Act Division 4 Motor vehicles 41 Maximum commission on motor vehicles for sale on consignment The maximum commission payable on the sale of a motor vehicle on consignment that is not sold by auction is 10% of the vehicle s sale price. Division 5 Sale of chattels by auction 42 Maximum commission on chattels for sale by auction The maximum commission payable by the seller on the sale of chattels by auction is 12% of the chattel s sale price..

18 s s 15 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, PART 5 AMENDMENT OF PROPERTY AGENTS AND MOTOR DEALERS (AUCTIONEERING PRACTICE CODE OF CONDUCT) REGULATION Regulation amended in pt 5 This part amends the Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation Amendment of schedule (Auctioneering practice code of conduct) (1) Schedule, section 43(1), section 41 section 42. (2) Schedule, section 44(1), section 41 section 42. PART 6 AMENDMENT OF SECOND HAND DEALERS AND COLLECTORS REGULATION Regulation amended in pt 6 This part amends the Second hand Dealers and Collectors Regulation Amendment of sch 1 (Fees) Schedule 1, item 1(a) (a) a dealer s licence

19 s s 17 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, PART 7 AMENDMENT OF SECURITY PROVIDERS REGULATION Regulation amended in pt 7 This part amends the Security Providers Regulation Amendment of schedule (Fees) (1) Schedule, item 1 1. Application for crowd controller s licence (2) Schedule, item 4 4. Application for private investigator s licence (3) Schedule, item 7 7. Application for security officer s licence (4) Schedule, item Application for security firm s licence (5) Schedule, item Application for dual licence

20 s s 19 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, PART 8 AMENDMENT OF TRAVEL AGENTS REGULATION Regulation amended in pt 8 This part amends the Travel Agents Regulation Amendment of sch 4 (Fees) Schedule 4 SCHEDULE 4 FEES section Application for licence Annual licence fee for first year of licence (a) if the licensee carries on business as a travel agent at 1 place of business (i) for an individual (ii) for a corporation (b) for each additional place of business at which the licensee carries on business as a travel agent Annual licence fee for second and subsequent years of licence (a) if the licensee carries on business as a travel agent at 1 place of business (i) for an individual (ii) for a corporation (b) for each additional place of business at which the licensee carries on business as a travel agent 76.00

21 s s 19 Fair Trading (Fees) Amendment Regulation (No. 1) No. 311, 4. Duplicate licence Certificate under section 23(4) of the Act ENDNOTES 1. Made by the Governor in Council on 21 November. 2. Notified in the gazette on 22 November. 3. Laid before the Legislative Assembly on The administering agency is the Department of Tourism, Racing and Fair Trading. State of Queensland Authorised by the Parliamentary Counsel and printed by the Government Printer

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