Property auctioneer licence - Queensland

Service summary

An auctioneer licence allows you to sell a real property by auction.  This includes attempting or offering to sell the property.

Real property includes:

  • dwellings
  • community title lots
  • businesses
  • vacant land.

It will also allow you to sell:

  • other types of property by auction, but only if the property is connected to a real property acution (such as livestock as part of an auction for a farm house and rural land)
  • the property by any means during the auction period.

You can work alone, with others, or as an employee of:

  • an auctioneer
  • a real estate agent.

Other than the situations set out above, you may not auction any vehicles or other goods (including livestock) without a chattel auctioneer licence.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Exemptions

You don't need a licence to run a charity auction if you don't receive reward (payment) for it.

Definition of terms

Auction period

for an auctioneer for the sale of real property, means a period for which the auctioneer is appointed under section 102 or otherwise authorised or permitted under this or another Act to sell the property.

Eligible for a licence
  1. An individual is eligible to obtain a licence only if the individual is at least 18 years old
  2. A corporation is eligible to obtain a licence only if a person in charge of the corporation's regulated business is a field agent
  3. The corporation sole called the The Public Trustee of Queenslnd is taken to be eligible to obtain a licence
  4. The chief executive of a department is taken to be eligible to obtain a licence.
Exemptions
  1. a sale made under a rule, order, or judgment of the Supreme Court or District Court; or
  2. a sale made by a person obeying an order of, or a process issued by, a court, judge or justice, or the registrar of the State Penalties Enforcement Registry for the recovery of a fine, penalty, or award; or
  3. a sale of an animal lawfully siezed and sold under the Animal Care and Protection Act 2001 or another law about siezing or impounding an animal; or
  4. a sale conducted for a charity, a religious denomination or an organisation formed for a community purpose, within th emeaning of the Collections Act 1996 (relevant entity) if -
    1. the person conducting the sale does not receive from the relevant entity a reward for the person's services; and
    2. amounts received from the sale are paid directly to an officer or employee of the relevant entity who is authorised by the relevant entity to receive and deal with the amounts

In this section - sale means a sale, attempted sale or an offering for sale or resale, by way of auction.

Registered office

An auctioneer's registered office is:

  1. for an auctioneer who is a principal licensee
    1. the place the auctioneer specifies in the auctioneer's application for an auctioneer's licence as the auctioneer's principal place of business; or
    2. another place notified to the chief executive by the auctioneer in the approved form as the auctioneer's principal place of business; and
  2. for an auctioneer who is an employed licensee
    1. the place the auctioneer specifies in the auctioneer's application for an auctioneer's licence as the auctioneer's business address; or
    2. another place notified to the chief executive by the auctioneer in the approved form as the auctioneer's business address.
Suitable person (corporation)
  1. A corporation is not a suitable person to hold a licence if an executive officer of the corporation:
    1. is an insolvent under administration; or
    2. has been convicted in Queensland or elsewhere, within the preceding 5 years, of a serious offence; or
    3. is currently disqualified from holding a licence or registration certificate; or
    4. is a person the chief executive decides under Section 36 is not a suitable person to hold a licence.
  2. A corporation that is not a suitable person cannot hold a licence.
Suitable person (individual)

an individual is not a suitable person to hold a licence if the person is: a) affected by bankruptcy action; or b) a person who has been convicted in Queensland or elsewhere, within the preceding five years, of a serious offence; or c) currently disqualified from holding a licence or registration certificate; or d) a person the chief executive decides under Section 28 is not a suitable person to hold a licence.

Eligibility requirements

You must:
  • be at least 18 years of age
  • be a suitable person
  • be an eligible person
  • have a registered office in Queensland.

Note: If you are notifying under the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003, you must be authorised to practise an occupation equivalent to the Queensland occupation covered by this licence in a participating state or territory or in New Zealand. For more information see Mutual recognition of occupational licence or certificate of registration.

Transferability

You cannot transfer this licence to another entity.

Duration

This licence will remain in effect for 12 months or 3 years. You will be issued with a renewal notice annually or every 3 years approximately 6 weeks before the expiry date.

Fees

TypeAmountDescription
Application$38.80

Criminal history check

Application$1,377.30

Application and licence fee (individual): 1 year

Application$783.80

Application and licence fee (corporation): 1 year

Application$2,582.30

Application and licence fee (individual): 3 years

Application$1,413.30

Application and licence fee (corporation): 3 years

Application$160.30

Additional licence fee for each additional class.

Application

Submit either:

  • Form1-1: Application for individual's licence (if you are applying as an individual); or
  • Form 1-2:  Application for corporation's licence (if you are applying as a corporation).

Your application must be accompanied by:

  • an application fee
  • a licence issue fee
  • a criminal history check fee for each person whose date and place of birth appear on the application
  • a certified copy of either your birth certificate, birth certificate extract, passport, Certificate of Australian citizenship or drivers licence. Proof of identity can be certified by a Justice of the Peace, Commissioner for Declarations, barrister/solicitor or notary public. (Note: None of the above required to be provided upon renewal on the proviso that the name the licence was issued in has not changed or unless otherwise requested)
  • a certificate of completion of modules
  • evidence of the conducting of 5 auctions when employed as a trainee auctioneer under the supervision of an auctioneer.

Note: The licence application fee and licence renewal application fee are not refundable.

For each location a company has for each PAMDA licence, there must always be an individual full licence holder based on the premises.

If you are notifying under the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 submit a Form 1: Application for Mutual Recognition of occupational licence with a copy of your current interstate licence.


Additional information

Applicants must undergo a criminal history check to confirm their suitability. The criminal history check applies to each person for whom a date and place of birth are requested on the application form. The fee applies to all applications and renewal notices.

All active partners are required to be licensed. All non active partners are required to be suitable.

Administering agency

Department of Justice and Attorney-General
Office of Fair Trading
Industry Licensing Unit

Act(s) name

Property Occupations Act 2014 (Queensland)

Regulation(s) name

Property Occupations Regulation 2014 (Queensland)

Contact details

Queensland Government Service Centre
Department of Justice and Attorney-General
Office of Fair Trading
Industry Licensing Unit


Operating address:
Upper Plaza Terrace
33 Charlotte Street
Brisbane, Queensland 4000
Mailing address:
GPO Box 3111
Brisbane, Queensland 4001

Phone:

07 3405 0985

Phone:

13 QGOV (13 74 68)

Fax:

07 3008 5933
IndustryLicensing@justice.qld.gov.au

Website:

Office of Fair Trading Opens in a new browser window

Supporting information

Disclaimer

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