A Queensland seller is not required to give the disclosure documents if two things are both true. The sale price under the contract is more than the amount a regulation prescribes, or, if none is prescribed, more than $10 million including GST; and, before the buyer signs the contract, the buyer gives the seller a notice waiving compliance with section 99.
General informationThis page describes section 100(k) of the Property Law Act 2023, in the reprint current as at 28 April 2026, not what applies to any one sale. Whether a particular notice meets the section is a question for a solicitor.
What is being waived
The waiver is a waiver of section 99. Under that section, the seller must hand the buyer two things before the buyer signs a contract for the lot: a disclosure statement for the lot, and each document a regulation prescribes (each a prescribed certificate) that applies to it. Section 100 then lists cases in which the seller of a lot “is not required to comply with section 99”, and paragraph (k) is the one that turns on the price and on the buyer’s notice.
Both sections are about a lot, and the Act defines the word: a lot has the meaning given by the Land Title Act 1994, and does not include a proposed lot. So the duty in section 99, and this way out of it, are about the sale of a lot as the Act defines it, and a proposed lot is not one.
The two limbs
Paragraph (k) opens with the words “both of the following apply”. Neither limb works alone.
The price is above the amount
The sale price under the contract is more than the amount prescribed by regulation for that subparagraph, or, if no amount is prescribed, more than $10 million including GST.
So the figure to test against is $10 million including GST unless a regulation sets another amount. The words are “more than”: a price exactly at the amount does not meet this limb.
The buyer has given a waiver notice in time
The buyer gives the seller a notice waiving compliance with section 99, and does so before signing the contract for the lot. Where there is more than one seller, the notice may go to any of them.
If either limb is missing, paragraph (k) does not apply to the sale, and the seller is left with section 99 unless some other exception in section 100 fits.
A worked illustration
Illustrative onlyFive made-up sales of a lot, tested against paragraph (k) alone. Each assumes the amount is $10 million including GST, the figure the Act gives where no regulation sets another. Prices are the sale price under the contract, including GST.
| Sale | Price | Waiver notice | Limb 1 | Limb 2 | Paragraph (k) |
|---|---|---|---|---|---|
| A | $9.8 million including GST | Given to the seller before the buyer signs | Not met: not more than the amount | Met | Does not apply |
| B | $10 million including GST, exactly | Given to the seller before the buyer signs | Not met: equal to the amount, not more than it | Met | Does not apply |
| C | $10.4 million including GST | Given to the seller before the buyer signs | Met | Met | Applies |
| D | $10.4 million including GST | Given after the buyer signs | Met | Not met: too late | Does not apply |
| E | $10.4 million including GST, two sellers | Given to one of the two sellers before the buyer signs | Met | Met: any of the sellers | Applies |
Sale B turns on two words. The test is a price “more than” the amount, and a price of $10 million including GST is the amount itself.
The Act’s own exception
The division these rules sit in says it “applies despite any agreement to the contrary.” The waiver in paragraph (k) is one of the Act’s own exceptions, and the Act spells out its form: a notice, from the buyer, waiving compliance with section 99, given before the buyer signs.
At an auction
This page does not say how the notice limb works at an auction. Paragraph (k) speaks of the contract being signed by the buyer, and the Act’s auction rule, which treats the contract as signed at the completion of the auction, is stated to apply “for section 99(1)”. How the two meet for a particular auction is a question for a solicitor. The timing rules for disclosure at an auction are in the seller’s disclosure documents before bidding starts.
The amount, as at the reprint
The amount in limb 1 is the one place on this page that can move without the Act being amended, because it yields to whatever a regulation prescribes. As at the reprint of the Act current at 28 April 2026, the words are “the amount prescribed by regulation for this subparagraph” or, failing that, “$10m including GST”. The Act as in force is the place to read them.