Substitute licensee

If you will be away from your business for a time, you can appoint a substitute licensee. They will run the business on your behalf.

You will:

• need to make sure that the substitute has the skills to do the job
• be responsible for any breaches they commit while you are away.

We recommend that you appoint someone who holds the same licence type as you. Otherwise, you can appoint a suitable adult.

Suitable adults

The person is not suitable to be appointed as a substitute licensee if they:

• are an insolvent under administration
• are currently disqualified from holding a licence or registration certificate
• have been convicted of a serious offence within the past 5 years.

For motor dealers, a person is not suitable to be appointed is they are subject to a court issued control order because of involvement in serious criminal activity.

We also consider if they:

• have a criminal history
• have been an executive officer of a corporation that was previously licensed, but has gone insolvent
• were the subject of a successful claim fund action
• have been cancelled or suspended from holding a licence or registration certificate
• have been previously disqualified from holding a licence or registration certificate
• are disqualified from being a company director
• have previously been an insolvent under administration
• are incapable of satisfactorily doing the job of a licensee
• are unsuitable because of your character or the character of your business associates
• are allowed to work in Australia.

Serious offences

A serious offence is anything punishable by 3 or more years in prison, including:

• violent offences (including threats to use violence)
• fraud and dishonesty
• drug trafficking
• extortion
• arson
• unlawful stalking, intimidation, harassment or abuse
• an offence of a sexual nature.

For motor dealers, a serious offence also includes:

• new offences under Queensland’s Criminal Code of:
  • Recruiting a person to become participant in criminal organisation
  • Consorting
• an offence that is committed with a serious organised crime circumstance of aggravation applicable to a prescribed list of offences within the meaning of the Penalties and Sentences Act 1992.

If you need insurance as a condition of your licence, your substitute must also have the same level of insurance.

Appointment length

30 days or fewer

You do not need to notify us if you’re away for 30 days or fewer. However, the substitute licensee must give written and signed consent to be your substitute.Therefore, you should:

• appoint them in writing
• sign the appointment form
• make sure your substitute signs it too.

You can only appoint a substitute for up to 12 weeks in any 12 month period.

More than 30 days

If you are away for more than 30 days:

• you need to apply for a substitute licensee
• your substitute must give written and signed consent
• we must approve your choice of substitute licensee.

We can only approve substitute licensees for up to 26 weeks in any 12 month period.

Your substitute will need to attach formal identification. These documents must be original or certified copies.

Their identification must be a certified copy of any of the following documents:

• Birth certificate or extract
• Driver's licence
• Passport
• Citizenship certificate

You will need to pay the required fees when you lodge your application.

We will waive the criminal history check if they’ve had a check in the past 6 months.

Processing time

The processing time is 4–6 weeks. This can take longer if your application is not complete. This might be because of:

• missing information
• unpaid fees.

We will contact you if you submitted an incomplete application. You will need to complete the application before we can proceed. Otherwise, we may cancel your application.