Motor dealer (broker) licence - Queensland

Service summary

A motor dealer (broker) licence allows you to represent a client who is buying or selling a used vehicle.

You may not:

  • buy or sell used motor vehicles unless you are also a licensed motor dealer
  • auction vehicles or other goods unless you hold a chattel auctioneer licence

Your motor dealer (broking) company must have a corporate licence.

Authorised activities, the motor dealer (broker) licence allows your company to represent a client who is buying or selling a used vehicle through a motor dealer.

You may not:

  • buy or sell used motor vehicles unless you are also a licensed motor dealer
  • auction any property, vehicles or other goods unless you hold a chattel auctioneer licence.

Service type

Licence

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

Definition of terms

Consultancy arrangement

for the purchase or sale of a used motor vehicle, means an arrangement under which a person advises someone else: where or from whom the other person can buy a used motor vehicle, or where or to whom the other person can sell a used motor vehicle.

Eligible person
  1. An individual is eligible to obtain a motor dealer licence only if the individual:
    1. is at least 18 years; and
    2. has the educational or other qualifications approved by the chief executive for a motor dealer licence (the qualifications are stated on the department's website).
  2. An individual is to be taken to satisfy the requirement mentioned in subsection (1)(b) if the chief executive is satisfied the individual -
    1. has comparable qualifications to the qualifications mentioned in subsection 1(b); or
    2. within two years before the day the individual's application for a motor dealer's licence is received by the chief executive - has been licensed as a motor dealer; or has been the holder of a motor dealer's licence granted under PAMDA
    3. A corporation is eligible to obtain a motor dealer's licence only if the person in charge of the corporation's business is a motor dealer.
Motor vehicle

means a vehicle that moves on wheels and is propelled by a motor that forms part of the vehicle, whether or not the vehicle is capable of being operated or used in a normal way, and includes a caravan.

Motor vehicle does not include

  1. a hovercraft; or
  2. a motorised golf buggy; or
  3. a motorised scooter; or
  4. a motorised wheelchair; or
  5. a trailer, other than a caravan; or
  6. a tractor or farm machiner; or
  7. a vehicle designed for use exclusively in the mining industry; or
  8. a vehicle designed for use exclusively on a railway or tramway.
Registered office

a licensee's registered office is:

  1. for a principal licensee -
    1. the place the licensee states in the licensee's application for a licence as the licensee's principal place of business; or
    2. another place notified to the chief executive as the licensee's principal place of business; and
  2. for an employed licensee -
    1. the place the licensee states in the application for a licence as the licensee's business address; or
    2. another place notified to the chief executive by the licensee'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)
  1. An individual is not a suitable person to hold a licence if the person is:
    1. an insolvent under administration; or
    2. a person who has been convicted in Queensland or elsewhere, within the preceeding 5 years, of a serious offence; or
    3. currently disqualified from holding a licence or registration certificate; or
    4. a person the chief executive decides under Section 36 is not a suitable person to hold a licence.
  2. An individual who is not a suitable person to hold a licence cannot hold a licence.
Used motor vehicle

generally, means

  1. a motor vehicle that has, at any time, been licensed or registered whether under the law of this State or of any other State; or
  2. a motor vehicle that, had it not been registered as mentioned above for use for demonstration or sales promotion would have been a new motor vehicle; or
  3. a used imported vehicle.

Eligibility requirements


You must:

  • have attained at least 18 years of age;
  • be a suitable person;
  • be an eligible person;
  • have a registered office.

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.

There are no educational requirements for applicants for Motor dealer (broker) licence.

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$2,582.30

Application and licence fee (individual): 3 years

Application$38.80

Criminal history check

Application$1,413.30

Application and licence fee (corporation): 3 years

Application$783.80

Application and licence fee (corporation): 1 year

Application$1,377.30

Application and licence fee (individual): 1 year

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)
  • evidence of eligibility to hold the licence.

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

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


Transfer details

You cannot transfer this licence to another entity.


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.

Administering agency

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

Act(s) name

Motor Dealers and Chattel Auctioneers Act 2014 (Queensland)

Regulation(s) name

Motor Dealers and Chattel Auctioneers 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

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.