by clicking the arrows at the side of the page, or by using the toolbar.
by clicking anywhere on the page.
by dragging the page around when zoomed in.
by clicking anywhere on the page when zoomed in.
web sites or send emails by clicking on hyperlinks.
Email this page to a friend
Search this issue
Index - jump to page or section
Archive - view past issues
REIQ Journal : July 2008
32 LEGAL ISSUES Paul Hopkins, Senior Partner, Carter Newell Lawyers the public if it allowed the respondent to remain a registered salesperson without some conditions imposed upon her future work. interest in disciplining her beyond the criminal sanctions that had already been imposed by the sentencing court. The Tribunal commented that the nature of the proceeding was disciplinary rather than punitive. The Tribunal added that its role is to protect the public by issuing appropriate orders to deter the respondent from repeating the conduct (that is, being convicted of an indictable offence), indicating to other salespersons that the conduct is unacceptable and maintaining public confidence in the regulatory regime established by the Act. The Tribunal accepted the respondent’s submissions that this case did not involve personal dishonesty or conduct for personal gain and was unrelated to (and indeed preceded) the respondent’s work as a salesperson. However, the Tribunal stated that it would be failing to appropriately protect The Tribunal acknowledged that the question of general deterrence appropriate to protect the public and maintain proper professional standards was complex. They ordered that the respondent be disqualified from holding a licence under the Property Agents and Motor Dealers Act 2000 for a period of four years. Further, the Tribunal ordered that the following conditions be imposed on the respondent’s salesperson’s certificate or any renewed or new certificate for a four year period: (a) The respondent must inform her employer from time to time of her conviction under the Drugs Misuse Act 1986; and (b) From time to time, the respondent must provide her employer with a copy of the decision of the Tribunal. This case highlights the Tribunal’s role in protecting the public and maintaining proper professional standards. It also sends a clear message to real estate salespersons and those wishing to enter the real estate industry that involvement in a serious drug crime or other crime resulting in a criminal conviction will have an effect on their ability to hold or obtain certificates or licences under the Act. A Carsguide Car of the Year 2007 and Green Car of the Year 2007 REIQ members are entitled to fleet discounts with James Frizelle’s Gold Coast Hyundai Official Sponsor of the Gold Coast Titans James Frizelle’s Gold Coast Hyundai 5583 8810 Cnr Nind & High Sts, Southport. (A/H Daniel 0405 974 439) James Frizelle’s Tweed Hyundai 5569 9700 117-123 Minjungbal Dr, Tweed Heads Sth. (A/H Paul 0412 697 707) jamesfrizelles.com.au Carsguide Car of the Year 2007 and Carsguide Green Car of the Year 2007 is i30 CRDI SX manual with optional Protectz pack $1,790.00. A) Recommended Retail Price (RRP) for i30 SX manual model excludes dealer delivery (for Fleet discount) $695 and $570 stamp duty, $272 registration and $269 CTP. Metallic/mica paint $300. ^ADR /81 fuel consumption will vary depending on a combination of driving habits, road conditions and condition of vehicle. The warranty extension to unlimited kilometres is only applicable to vehicles used for private and domestic use and is not applicable for vehicles used for certain high mileage commercial purposes i.e. courier, security and rental cars. McK13566A REIQ Journal July 2008