Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
COMMERCIAL AND
CONSUMER TRIBUNAL
BILL 2003
Queensland
COMMERCIAL AND CONSUMER
TRIBUNAL BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--THE TRIBUNAL
6 Tribunal established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Tribunal's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Jurisdiction of tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Powers of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Advertising for nominations for appointment as a member . . . . . . . . . . . . . 12
11 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Member's remuneration and appointment conditions . . . . . . . . . . . . . . . . . . 13
13 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Resignation of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Member's roles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Delegation by chairperson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Chairperson and director to work cooperatively . . . . . . . . . . . . . . . . . . . . . . 15
18 Acting members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 3--THE REGISTRY
20 Registry established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2
Commercial and Consumer Tribunal Bill 2003
21 Appointment of director and staff of registry . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Director's functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Delegation by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Keeping and disclosure of records and information . . . . . . . . . . . . . . . . . . . 18
25 Acting director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 4--PRESIDING CASE MANAGER
26 Presiding case manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Acting presiding case manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Presiding case manager's power to deal with particular applications
to tribunal ............................................... 20
29 Independence of presiding case manager . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 5--OPERATION OF TRIBUNAL
Division 1--Starting proceedings
31 How to start proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
32 Unincorporated applicant's prescribed officer. . . . . . . . . . . . . . . . . . . . . . . . 22
33 Defence and counterclaim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34 Amendment of pleadings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2--Business names
35 Proceeding if business name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
36 Proceeding if registered business name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37 Proceeding in business name if unregistered. . . . . . . . . . . . . . . . . . . . . . . . . 25
38 Defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
39 Amendment as to parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3--Transfer of proceedings
40 Transfer of proceedings between tribunal and the courts . . . . . . . . . . . . . . . 26
Division 4--Service
41 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
42 Service in relation to a business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
43 Acceptance of service by solicitor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
44 Informal service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 5--Case management
45 Tribunal to fix time and place for proceedings . . . . . . . . . . . . . . . . . . . . . . . 28
3
Commercial and Consumer Tribunal Bill 2003
46 Hearings generally open to the public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
47 Way tribunal is to conduct proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
48 Hearing on the papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
49 Practice directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Directions and orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
51 Documents to which disclosure does not apply . . . . . . . . . . . . . . . . . . . . . . 31
52 Extension of time and waiver of compliance . . . . . . . . . . . . . . . . . . . . . . . . 31
53 Inclusion of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
54 Consolidation of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
55 Sequence of hearings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
56 Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
57 Variation of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
58 Vexatious proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
59 Non-appearance of respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
60 Conduct of proceeding causing disadvantage . . . . . . . . . . . . . . . . . . . . . . . . 33
61 Withdrawal by applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
62 Withdrawal by respondent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
63 Further application after withdrawal restricted . . . . . . . . . . . . . . . . . . . . . . . 34
64 Costs order on applicant's withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
65 Notice of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
66 Tribunal may hear proceeding regardless of related criminal or
disciplinary action ........................................ 35
Division 6--Security for costs
67 Security for costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
68 Way security given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
69 Finalising security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 7--Costs generally
70 Purposes of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
71 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
72 Stay pending payment of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 8--Representation
73 Purposes of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
74 Who represents party at mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4
Commercial and Consumer Tribunal Bill 2003
75 Who represents party at pre-hearing conference . . . . . . . . . . . . . . . . . . . . . . 39
76 Who represents party at other proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 9--Other provisions about proceedings
77 Tribunal may require witness to attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
78 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
79 Warrant may be issued if witness does not attend. . . . . . . . . . . . . . . . . . . . . 42
80 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
81 Powers of tribunal relating to taking of evidence . . . . . . . . . . . . . . . . . . . . . 43
82 Referral of matters for expert report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
83 Entry and inspection of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
84 Procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
85 Inspection of documents or things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
86 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
87 Punishment of contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
88 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
89 Protection of persons at tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
90 Suppression of sensitive information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 10--Tribunal decisions and enforcement
91 Form of decisions of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
92 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
93 Registration and enforcement of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 11--Further action in relation to a proceeding
94 Correcting mistakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
95 Reopening an order if party does not appear. . . . . . . . . . . . . . . . . . . . . . . . . 51
96 Reopening an order if problems with interpretation or implementation . . . . 51
97 Application to reopen order must not be made if appeal filed . . . . . . . . . . . 52
98 Questions of law to be decided by presiding member. . . . . . . . . . . . . . . . . . 52
99 Cases stated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
100 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
PART 6--PROCEEDINGS BEFORE TRIBUNAL
Division 1--Review proceedings
101 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
5
Commercial and Consumer Tribunal Bill 2003
102 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
103 Stay of operation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
104 Orders tribunal may make on review hearing . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2--Disciplinary proceedings
105 Tribunal may conduct disciplinary proceeding . . . . . . . . . . . . . . . . . . . . . . . 55
106 How to start disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
107 Orders for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
108 Stop orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
109 Suspension orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 3--Public Examinations
110 Tribunal may conduct public examination . . . . . . . . . . . . . . . . . . . . . . . . . . 58
111 Procedure before public examination starts . . . . . . . . . . . . . . . . . . . . . . . . . 58
112 Person must answer certain questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 4--Other matters
113 Other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 7--WAYS TRIBUNAL MAY RESOLVE PROCEEDINGS
Division 1--Hearing of proceedings
114 Hearing of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 2--Decision by default
115 Decision by default for debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
116 Setting aside decision by default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 3--Mediation
117 Tribunal may appoint mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
118 Method of mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
119 Matters about mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
120 Mediators to maintain secrecy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
121 Mediator precluded from tribunal hearing . . . . . . . . . . . . . . . . . . . . . . . . . . 64
122 Time limit for mediation before expedited hearing. . . . . . . . . . . . . . . . . . . . 64
Division 4--Expedited hearings
123 Matters for which an expedited hearing may be held . . . . . . . . . . . . . . . . . . 64
124 Procedure for expedited hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
6
Commercial and Consumer Tribunal Bill 2003
Division 5--Summary decision
125 Summary decision for applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
126 Summary decision for respondent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
127 Claims not disposed of by summary decision . . . . . . . . . . . . . . . . . . . . . . . . 66
128 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
129 Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
130 Examination of parties and witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
131 Stay of enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
132 Setting aside summary decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 6--Pre-hearing conferences
133 Pre-hearing conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
134 Who is required to attend pre-hearing conferences. . . . . . . . . . . . . . . . . . . . 69
135 Evidence from pre-hearing conferences inadmissible. . . . . . . . . . . . . . . . . . 69
136 When member may hear proceeding after presiding at a pre-
hearing conference ....................................... 69
137 Failure of a party to attend a pre-hearing conference . . . . . . . . . . . . . . . . . . 70
Division 7--Settlement Offers
138 Making settlement offers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
139 Effect of offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
140 Accepting settlement offers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
141 Consequences if accepted offer is not complied with . . . . . . . . . . . . . . . . . . 71
142 Tribunal must order party to pay costs if certain offers to settle rejected . . . 71
PART 8--MISCELLANEOUS
143 Finance and staffing of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
144 Trust account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
145 Annual report on operation of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
146 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
147 Limitation on time for starting summary proceeding . . . . . . . . . . . . . . . . . . 73
148 Penalties to be paid to State agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
149 Contracting out prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
150 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 74
151 Proof of signature unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
152 Evidentiary aids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
7
Commercial and Consumer Tribunal Bill 2003
153 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
154 Forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
155 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
PART 9--TRANSITIONAL PROVISIONS
156 Definitions for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
157 Abolition of former tribunals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
158 Proceedings and mediations started before commencement. . . . . . . . . . . . . 76
159 Proceedings about matters arising before commencement to be dealt
with under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
160 Orders and directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
161 Records of old tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
162 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
163 Presiding case manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
164 Full-time members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
165 Former members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
166 Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
167 Staff of registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
PART 10--REPEAL AND CONSEQUENTIAL AMENDMENTS
168 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
169 Consequential amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 80
CONSEQUENTIAL AMENDMENTS
ARCHITECTS ACT 2002. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
DOMESTIC BUILDING CONTRACTS ACT 2000 . . . . . . . . . . . . . . . . . . 81
JUDICIAL REVIEW ACT 1991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
LIQUOR ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PEST MANAGEMENT ACT 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
PLUMBING AND DRAINAGE ACT 2002 . . . . . . . . . . . . . . . . . . . . . . . . . 85
PROFESSIONAL ENGINEERS ACT 2002 . . . . . . . . . . . . . . . . . . . . . . . . . 89
PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 . . . . . . . . . . . 90
QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991. . . . . . 94
RACING ACT 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
RESIDENTIAL SERVICES (ACCREDITATION) ACT 2002. . . . . . . . . . . 115
8
Commercial and Consumer Tribunal Bill 2003
RETIREMENT VILLAGES ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 121
DICTIONARY
2003
A BILL
FOR
An Act to establish the Commercial and Consumer Tribunal, and for
other matters
s1 10 s4
Commercial and Consumer Tribunal Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Commercial and Consumer Tribunal 4
Act 2003. 5
2 Commencement 6
This Act commences on 1 July 2003. 7
3 Act binds all persons 8
This Act binds all persons, including the State and, as far as the 9
legislative power of the Parliament permits, the Commonwealth and the 10
other States. 11
4 Objects of Act 12
(1) The objects of this Act are-- 13
(a) to establish a tribunal to deal with the matters it is empowered to 14
deal with under an empowering Act; and 15
(b) to have the tribunal deal with matters in a way that is just, fair, 16
informal, cost efficient and speedy. 17
(2) The objects of this Act are to be achieved by establishing a system of 18
dispute resolution that-- 19
(a) is just in the results it delivers; and 20
(b) is fair by-- 21
(i) ensuring litigants have an equal opportunity, regardless of 22
their resources, to assert or defend their legal rights; and 23
(ii) giving parties to proceedings an opportunity to state their 24
case and to answer their opponent's case; and 25
s5 11 s6
Commercial and Consumer Tribunal Bill 2003
(iii) treating like cases alike; and 1
(c) has a range of procedures available and minimises costs to the 2
extent practicable; and 3
(d) deals with applications with reasonable speed and encourages the 4
early resolution of disputes; and 5
(e) is understandable to users of the system; and 6
(f) is responsive to the needs of users of the system; and 7
(g) allows parties to represent themselves and save legal costs 8
wherever appropriate. 9
5 Definitions 10
The dictionary in schedule 2 defines particular words used in this Act. 11
PART 2--THE TRIBUNAL 12
6 Tribunal established 13
(1) The Commercial and Consumer Tribunal is established. 14
(2) The tribunal consists of 1, 2 or 3 members chosen by the chairperson. 15
(3) When choosing how many, and which, members are to constitute the 16
tribunal, the chairperson must consider at least the following-- 17
(a) the complexity of the matter to be dealt with by the tribunal; 18
(b) the interests of the business or industry to be affected by the 19
decision; 20
(c) the public interest; 21
(d) the speed the matter can be dealt with. 22
(4) The chairperson may allocate the work of the tribunal according to 23
lists maintained by the chairperson. 24
(5) More than 1 tribunal may sit at any time. 25
s7 12 s 11
Commercial and Consumer Tribunal Bill 2003
7 Tribunal's seal 1
(1) The tribunal must have a seal. 2
(2) The director is to have custody of the seal. 3
(3) The seal must be judicially noticed. 4
8 Jurisdiction of tribunal 5
(1) The tribunal has jurisdiction to deal with the matters it is empowered 6
to deal with under this Act or an empowering Act. 7
(2) In exercising its jurisdiction, the tribunal is not subject to direction or 8
control, other than as provided under this Act. 9
9 Powers of tribunal 10
(1) The tribunal may do all things necessary or convenient to be done for 11
exercising its jurisdiction. 12
(2) Without limiting subsection (1), the tribunal has the powers 13
conferred on it by this Act or an empowering Act. 14
10 Advertising for nominations for appointment as a member 15
Before recommending a person to the Governor in Council for 16
appointment as a member of the tribunal, the Minister must advertise in a 17
newspaper circulating throughout the State for applications or expressions 18
of interest from suitably qualified persons to be considered for selection as 19
a member of the tribunal. 20
11 Appointment of members 21
(1) The chairperson of the tribunal is to be appointed by the Governor in 22
Council on a full-time basis. 23
(2) The other members of the tribunal are to be appointed by the 24
Governor in Council and may be appointed on a full-time or part-time 25
basis. 26
(3) A person is eligible for appointment as the chairperson of the tribunal 27
only if the person is a lawyer of at least 5 years standing. 28
s 12 13 s 13
Commercial and Consumer Tribunal Bill 2003
(4) A person is eligible for appointment as another member only if the 1
person-- 2
(a) is a lawyer of at least 5 years standing; or 3
(b) has high level experience and knowledge of the business or 4
industry to which an empowering Act relates. 5
(5) A member holds office for a term of not longer than 5 years stated in 6
the instrument of appointment. 7
(6) Members are to be appointed under this Act, and not under the Public 8
Service Act 1996. 9
(7) The chairperson may hold, or act in, and perform the functions of, 10
another public office in addition to the office of chairperson if the 11
chairperson is appointed to, or appointed to act in, the other office by the 12
Governor in Council. 13
12 Member's remuneration and appointment conditions 14
(1) A member of the tribunal is entitled to be paid the remuneration and 15
allowances decided by the Governor in Council. 16
(2) It is a condition of a member's appointment that if the member's 17
appointment is terminated under section 13, the member is not entitled to 18
any remuneration or allowances from the date of the termination. 19
(3) To the extent that the conditions are not provided for by this Act, a 20
member holds office on the conditions decided by the Governor in Council. 21
13 Termination of appointment 22
(1) The Governor in Council may terminate the appointment of a 23
member of the tribunal if the Governor in Council is satisfied the 24
member-- 25
(a) is mentally or physically incapable of satisfactorily performing 26
the member's duties; or 27
(b) performed the member's duties carelessly, incompetently or 28
inefficiently; or 29
(c) has engaged in conduct that could warrant dismissal from the 30
public service if the member were a public service officer; or 31
(d) is affected by bankruptcy action. 32
s 14 14 s 15
Commercial and Consumer Tribunal Bill 2003
(2) The Governor in Council must terminate the appointment of a 1
member if the member-- 2
(a) ceases to be eligible for appointment as a member; or 3
(b) is convicted of an indictable offence, whether dealt with on 4
indictment or summarily. 5
(3) This section applies to a member whether appointed before or after 6
the commencement of this section. 7
(4) In this section-- 8
"affected by bankruptcy action", in relation to an individual, means the 9
individual, in any jurisdiction-- 10
(a) is bankrupt; or 11
(b) has compounded with creditors; or 12
(c) has otherwise taken, or applied to take, advantage of any law 13
about bankruptcy. 14
14 Resignation of members 15
A member may resign by giving a signed notice of resignation to the 16
Minister. 17
15 Member's roles 18
(1) The chairperson's role includes the following-- 19
(a) directing the tribunal's adjudicative operations to ensure they are 20
as just, fair, informal, cost efficient and speedy as practical; 21
(b) developing, with the participation of other members, guiding 22
principles that promote high quality and consistent decisions by 23
the tribunal; 24
(c) developing and implementing procedures and policies for the 25
tribunal's adjudicative operations; 26
(d) issuing practice directions of general application to proceedings; 27
(e) managing the overall performance of members; 28
(f) being responsible for the professional development and training 29
of members of the tribunal in relation to the discharge of their 30
functions. 31
s 16 15 s 18
Commercial and Consumer Tribunal Bill 2003
(2) The chairperson may do all things necessary or convenient to be 1
done for the performance of the chairperson's role. 2
(3) A member's role includes professionally and efficiently performing 3
the functions of the tribunal assigned or given to the member under this or 4
another Act. 5
(4) A member must comply with the procedures and policies 6
implemented by the chairperson for the tribunal's adjudicative operations. 7
16 Delegation by chairperson 8
(1) The chairperson may delegate the chairperson's powers under this or 9
another Act to another member. 10
(2) The chairperson may delegate the chairperson's powers under 11
section 6(2)1 to the director. 12
(3) The director may subdelegate the delegated power to another 13
appropriately qualified officer of the staff of the registry. 14
(4) In this section-- 15
"appropriately qualified" includes having the qualifications, experience 16
or standing appropriate to exercise the power. 17
17 Chairperson and director to work cooperatively 18
The chairperson and the director must work cooperatively to promote the 19
effective and efficient operation of the tribunal. 20
18 Acting members 21
(1) The Governor in Council may appoint a person who is eligible for 22
appointment as the chairperson of the tribunal to act as chairperson-- 23
(a) for any period the office is vacant; or 24
(b) for any period, or all periods, when the chairperson is absent 25
from duty or the State or can not, for another reason, perform the 26
duties of the office. 27
1 Section 6 (Tribunal established)
s 19 16 s 20
Commercial and Consumer Tribunal Bill 2003
(2) The Governor in Council may appoint a person who is eligible for 1
appointment as a member to act as the member-- 2
(a) for any period the office is vacant; or 3
(b) for any period, or all periods, when the member is absent from 4
duty or the State or can not, for another reason, perform the 5
duties of the office. 6
19 Disclosure of interests 7
(1) If a member becomes aware that the member has a conflict of interest 8
about a proceeding before the tribunal, the member must disclose the issue 9
giving rise to the conflict-- 10
(a) if the member is the chairperson--to the parties to the 11
proceeding; or 12
(b) otherwise--to the chairperson and the parties to the proceeding. 13
(2) After making the disclosure, the member may disqualify himself or 14
herself. 15
(3) However, the member may take part in the proceeding, or exercise a 16
power for the proceeding-- 17
(a) if the member is the chairperson--if the parties agree; or 18
(b) otherwise--if the chairperson and the parties agree. 19
(4) A member has a conflict of interest about a proceeding if the member 20
has an interest, financial or otherwise, that could conflict with the proper 21
performance of the member's functions for the proceeding. 22
PART 3--THE REGISTRY 23
20 Registry established 24
(1) The Commercial and Consumer Tribunal Registry (the "registry") is 25
established. 26
(2) The registry consists of the director and the staff of the registry. 27
(3) The registry is the registry for the tribunal, and any other tribunal 28
prescribed under a regulation. 29
s 21 17 s 22
Commercial and Consumer Tribunal Bill 2003
21 Appointment of director and staff of registry 1
(1) A person is eligible for appointment as the director only if the person 2
has particular knowledge and experience of-- 3
(a) public administration; and 4
(b) something else of substantial relevance to the functions of the 5
director. 6
(2) The director and other staff of the registry are to be appointed under 7
the Public Service Act 1996. 8
(3) The director may hold, or act in, and perform the functions of, 9
another public office in addition to the office of director of the registry. 10
22 Director's functions and powers 11
(1) Subject to the direction of the chief executive, the director is 12
responsible for managing the registry and the administrative affairs of the 13
tribunal. 14
(2) The director has the following functions-- 15
(a) to keep a register containing details of all applications made to 16
the tribunal, which may be kept in any form allowing it to be 17
inspected as mentioned in paragraph (b); 18
(b) to ensure the register is available for inspection by an entity 19
paying any fee that may be prescribed under a regulation made 20
under this Act or an empowering Act for the inspection; 21
(c) to supply a certificate as to the correctness of a matter in the 22
register to an entity paying any fee that may be prescribed under 23
a regulation made under this Act or an empowering Act for the 24
certificate; 25
(d) to sign and issue attendance notices, however described, for the 26
tribunal; 27
(e) to keep the tribunal's records and decisions; 28
(f) to notify the parties to a proceeding of the tribunal's final 29
decision in the proceeding and any reasons given for the 30
decision; 31
(g) to publish decisions of the tribunal approved for publication by 32
the chairperson under arrangements, and in the way, approved by 33
the chairperson; 34
s 23 18 s 24
Commercial and Consumer Tribunal Bill 2003
(h) to keep account of fees paid and payable to the tribunal; 1
(i) to collect statistical data and other information relevant to the 2
administration of the registry for inclusion in the tribunal's 3
annual report; 4
(j) any other functions given under this or another Act. 5
(3) The director has the powers reasonably necessary to exercise the 6
director's functions. 7
23 Delegation by director 8
(1) The director may delegate the director's powers under this Act or 9
another Act to an appropriately qualified member of the staff of the registry. 10
(2) In this section-- 11
"appropriately qualified" includes having the qualifications, experience 12
or standing appropriate to exercise the power. 13
14
Example of standing--
15
A person's seniority level as a member of the staff of the registry.
24 Keeping and disclosure of records and information 16
(1) The director may-- 17
(a) keep the records of, and information for, the tribunal that the 18
director considers appropriate in the way the director considers 19
appropriate; and 20
(b) make the records and information available to the public on 21
payment of the fee prescribed under a regulation. 22
(2) Without limiting section 222 or subsection (1), the director must-- 23
(a) keep the records of and information about proceedings before the 24
tribunal that the director considers appropriate; and 25
(b) make the records and information available to the public. 26
(3) Despite subsections (1) and (2), the director must not make a record 27
or information available to the public if the tribunal orders that the record 28
or information must not be made available to the public. 29
2 Section 22 (Director's functions and powers)
s 25 19 s 27
Commercial and Consumer Tribunal Bill 2003
25 Acting director 1
(1) The chief executive may appoint an appropriately qualified person to 2
act as director. 3
(2) The appointee is to act as director if-- 4
(a) the director is not available to carry out the director's duties; or 5
(b) there is a vacancy in the office of director. 6
(3) In this section-- 7
"appropriately qualified" includes having particular knowledge and 8
experience of-- 9
(a) public administration; and 10
(b) something else of substantial relevance to the functions of the 11
director. 12
PART 4--PRESIDING CASE MANAGER 13
26 Presiding case manager 14
(1) The Governor in Council may appoint 1 or more presiding case 15
managers. 16
(2) A person is eligible for appointment as a presiding case manager only 17
if the person is a lawyer of at least 5 years standing. 18
(3) A presiding case manager may be appointed on a full-time or 19
part-time basis. 20
(4) A presiding case manager may hold, or act in, and perform the 21
functions of, another public office in addition to the office of presiding case 22
manager. 23
27 Acting presiding case manager 24
(1) The chief executive may appoint a person who is eligible to be 25
appointed as a presiding case manager to act as a presiding case manager. 26
(2) The appointee is to act as a presiding case manager if-- 27
s 28 20 s 28
Commercial and Consumer Tribunal Bill 2003
(a) a presiding case manager is not available to carry out the 1
presiding case manager's duties; or 2
(b) there is a vacancy in the office of presiding case manager. 3
28 Presiding case manager's power to deal with particular 4
applications to tribunal 5
(1) A presiding case manager may deal with a case manager's matter 6
before the tribunal if selected by the chairperson to constitute the tribunal 7
for the matter. 8
(2) For the case manager's matter, the presiding case manager 9
constitutes, and may exercise all the jurisdiction and powers of, the 10
tribunal. 11
(3) The presiding case manager may exercise the other powers in relation 12
to a direction given or a decision made by the presiding case manager that 13
are incidental to the direction or decision and prescribed under a regulation. 14
15
Example--
16
A regulation may provide that a presiding case manager may correct a clerical error or
17
accidental slip or omission in a direction given by the presiding case manager.
(4) The exercise of power by the presiding case manager under 18
subsection (3) is taken to be an exercise of power by the tribunal. 19
(5) If the chairperson decides that a presiding case manager should not 20
constitute the tribunal, the chairperson must-- 21
(a) deal with the case manager's matter; or 22
(b) select a legally qualified member of the tribunal to constitute the 23
tribunal to deal with it. 24
(6) The presiding case manager may refer a case manager's matter to a 25
member of the tribunal if the presiding case manager decides that the 26
matter should be dealt with by a member of the tribunal. 27
(7) In this section-- 28
"legally qualified member" of the tribunal means a member of the 29
tribunal who is a lawyer of at least 5 years standing. 30
s 29 21 s 31
Commercial and Consumer Tribunal Bill 2003
29 Independence of presiding case manager 1
(1) A presiding case manager when constituting the tribunal is not 2
subject to direction or control, other than as provided under this Act. 3
(2) However, the presiding case manager must comply with any 4
procedural directions given by the chairperson. 5
30 Disclosure of interests 6
(1) If a presiding case manager becomes aware that he or she has a 7
conflict of interest about a case manager's matter before the presiding case 8
manager, the presiding case manager must disclose the conflict to the 9
chairperson and the parties to the matter. 10
(2) After disclosing the conflict, the presiding case manager may 11
disqualify himself or herself. 12
(3) However, the presiding case manager may deal with the matter, or 13
exercise a power for the matter, if the chairperson and the parties agree. 14
(4) The presiding case manager has a conflict of interest about a case 15
manager's matter if he or she has an interest, financial or otherwise, that 16
could conflict with the proper performance of the presiding case manager's 17
functions for the matter. 18
PART 5--OPERATION OF TRIBUNAL 19
Division 1--Starting proceedings 20
31 How to start proceedings 21
(1) An entity (the "applicant") may start a proceeding for a matter for 22
which the tribunal has jurisdiction by-- 23
(a) filing an application in the approved form in the tribunal; and 24
(b) paying the fee prescribed under a regulation, in the way 25
prescribed under the regulation. 26
(2) The application must state-- 27
(a) the facts or grounds on which the application is based; and 28
s 32 22 s 32
Commercial and Consumer Tribunal Bill 2003
(b) the claims made and outcome or order sought by the applicant. 1
(3) The applicant must serve a copy of the application on each entity 2
against whom a claim is made or in relation to whom an outcome or order 3
is sought (the "respondent"). 4
(4) Also, if the tribunal considers another entity is affected by the 5
application, it may direct the applicant to serve a copy of the application on 6
the entity. 7
(5) The applicant must comply with a direction under subsection (4). 8
(6) For a public examination, the person required to be served under 9
subsection (4) is the person proposed to be the subject of the public 10
examination. 11
32 Unincorporated applicant's prescribed officer 12
(1) This section applies if-- 13
(a) an empowering Act allows an unincorporated body to make an 14
application; and 15
(b) an unincorporated body makes an application. 16
(2) The application must state the name and address for service of the 17
individual who holds the prescribed office of the unincorporated body (the 18
"prescribed officer"). 19
(3) If, during the proceeding, the prescribed officer ceases to hold the 20
prescribed office, the unincorporated body must give the director a written 21
notice stating the name and address for service of the individual who has 22
become the holder of the office. 23
(4) The tribunal may, at any time, require the unincorporated body to 24
provide evidence that the prescribed officer continues to hold the 25
prescribed office. 26
(5) For the proceeding, the prescribed officer is taken to be the applicant, 27
with all the rights and obligations of the applicant. 28
(6) In this section-- 29
"prescribed office" means an office prescribed under a regulation made 30
under the empowering Act. 31
s 33 23 s 33
Commercial and Consumer Tribunal Bill 2003
33 Defence and counterclaim 1
(1) This section applies to an application starting a proceeding for-- 2
(a) a building dispute under the Queensland Building Services 3
Authority Act 1991; or 4
(b) the recovery of a debt under the Queensland Building Services 5
Authority Act 1991, section 71;3 or 6
(c) a matter under the Domestic Building Contracts Act 2000, 7
section 18, 55, 60 or 84.4 8
(2) The respondent must file a defence to the application and any 9
counterclaim that states-- 10
(a) the facts relied on by the respondent in defence of the claims by 11
the applicant; and 12
(b) the nature of the defence to each outcome or order sought by the 13
applicant; and 14
(c) the facts on which any counterclaim is based and the outcome or 15
order sought by the respondent relating to the counterclaim. 16
(3) The respondent must act under subsection (2) within 14 days of 17
being served with the application or the extended time allowed by the 18
tribunal. 19
(4) A defence and any counterclaim must be in the approved form. 20
(5) The respondent must serve a copy of the defence and any 21
counterclaim on the applicant. 22
(6) Also, if the tribunal considers another entity is affected by the 23
defence or counterclaim, it may direct the respondent to serve a copy of the 24
defence or counterclaim on the entity. 25
(7) The respondent must comply with a direction under subsection (6). 26
(8) If the respondent does not file a defence within the period or 27
extended period allowed, the tribunal may deal with the matter in the 28
absence of the respondent. 29
3 Queensland Building Services Authority Act 1991, section 71 (Recovery from
building contractor etc.)
4 Domestic Building Contracts Act 2000, section 18 (Effective completion date or
period), 55 (Cost plus contracts), 60 (Effect of improper statements) or 84 (Right of
building contractor to recover amount for variation)
s 34 24 s 36
Commercial and Consumer Tribunal Bill 2003
34 Amendment of pleadings 1
(1) The tribunal may at any stage of a proceeding amend the particulars 2
of any pleadings in the way it considers appropriate-- 3
(a) on application, if the tribunal is satisfied that no party is unfairly 4
prejudiced by the amendment; or 5
(b) on its own initiative, if all the parties agree. 6
(2) The amended pleadings are taken to be the pleadings. 7
(3) In this section-- 8
"pleadings" means-- 9
(a) an application; or 10
(b) a defence and any counterclaim. 11
Division 2--Business names 12
35 Proceeding if business name 13
A proceeding may be brought against a person under a name or style, 14
other than the person's own name and under which a person carries on 15
business, regardless of whether the name or style is registered under the 16
Business Names Act 1962. 17
36 Proceeding if registered business name 18
(1) This section applies if a proceeding is brought against a person in 19
relation to a business carried on by the entity under a name or style other 20
than the person's own name and the name is registered under the Business 21
Names Act 1962. 22
(2) The proceeding may be started against the person in the name or 23
style registered under the Business Names Act 1962. 24
(3) The name or style registered under the Business Names Act 1962 is 25
sufficient designation of the person in a document filed in the proceeding. 26
(4) An order in the proceeding may be enforced against the person. 27
s 37 25 s 39
Commercial and Consumer Tribunal Bill 2003
37 Proceeding in business name if unregistered 1
(1) This section applies if a proceeding is brought against a person in 2
relation to a business carried on by the person under a name or style other 3
than the person's own name and the name is not registered under the 4
Business Names Act 1962. 5
(2) The proceeding may be started against the person in the name or 6
style under which the person carries on business. 7
(3) The name or style under which the business is carried on is sufficient 8
designation of the person in a document filed in the proceeding. 9
(4) An order in the proceeding may be enforced against the person. 10
38 Defence 11
(1) This section applies if a proceeding is brought against a person in 12
relation to a business carried on by the person under a name or style other 13
than the person's own name, regardless of whether the name or style is 14
registered under the Business Names Act 1962. 15
(2) A defence must be in the name of the person and not in the business 16
name. 17
(3) If the person files a defence, the person must file and serve with the 18
defence a statement of the names and places of residence of all entity who 19
were carrying on business under the name or style as at the day the 20
proceeding was started. 21
(4) The tribunal may set aside the defence if the person does not comply 22
with subsection (3). 23
39 Amendment as to parties 24
(1) This section applies if a proceeding is brought against a person in 25
relation to a business carried on by the person under a name or style other 26
than the person's own name, regardless of whether the name or style is 27
registered under the Business Names Act 1962. 28
(2) The applicant must, as soon as practicable, take all reasonable steps 29
to find out the name of the person carrying on the business under the name 30
or style in question. 31
(3) The applicant must continue the proceeding in the person's name and 32
not in the name or style under which the business was carried on. 33
s 40 26 s 41
Commercial and Consumer Tribunal Bill 2003
(4) However with the tribunal's leave, the applicant may take a further 1
step in the proceeding in the name or style under which the business was 2
carried on. 3
(5) Before allowing a proceeding to continue against a named entity, the 4
tribunal must be satisfied that the named entity is aware the proceeding is 5
being continued against the named entity. 6
Division 3--Transfer of proceedings 7
40 Transfer of proceedings between tribunal and the courts 8
(1) If a proceeding is started in a court and the proceeding could be heard 9
by the tribunal under this Act, the court must order the entity who started 10
the proceeding to start the proceeding again before the tribunal under 11
section 31.5 12
(2) If the tribunal considers it does not have jurisdiction to hear all 13
matters in a proceeding before the tribunal, the tribunal may order the 14
entity who started the proceeding to start the proceeding again before the 15
court. 16
(3) The tribunal may make an order under subsection (2) even though 17
the proceeding has previously been transferred from a court to the tribunal 18
under subsection (1). 19
(4) However, if the tribunal makes an order under subsection (2), a court 20
must not make an order under subsection (1) relating to the proceeding. 21
(5) For the time limit fixed for the start of a proceeding, the time between 22
when the proceeding is started and when an order is made under 23
subsection (1) or (2) does not count. 24
Division 4--Service 25
41 Service of documents 26
(1) A document may be served under this Act-- 27
5 Section 31 (How to start proceedings)
s 42 27 s 43
Commercial and Consumer Tribunal Bill 2003
(a) for a document to be served on a licensee--by leaving it at, or 1
sending it to, the licensee's address in the register of licences 2
under the relevant empowering Act; or 3
(b) otherwise-- 4
(i) in a way directed by the tribunal; or 5
(ii) as stated in this Act. 6
(2) Subsection (1) does not limit the Acts Interpretation Act 1954, 7
section 39.6 8
42 Service in relation to a business 9
(1) This section applies if-- 10
(a) a proceeding is brought against a person in relation to a business 11
carried on by the person under a name or style other than the 12
person's own name, regardless of whether the name or style is 13
registered under the Business Names Act 1962; and 14
(b) the proceeding is brought in the name or style under which the 15
person carries on the business. 16
(2) The application may be served by leaving a copy at the person's 17
place of business with a person who appears to have control or 18
management of the business at the place. 19
43 Acceptance of service by solicitor 20
(1) A solicitor may accept service of a document for a party. 21
(2) The document is taken to have been served on the party, unless the 22
party proves the solicitor did not have authority to accept service for the 23
party. 24
(3) This section applies whether or not personal service of the document 25
is required under this Act. 26
(4) The solicitor must make a note on a copy of the document to the 27
effect that the solicitor accepts service for the party. 28
6 Acts Interpretation Act 1954, section 39 (Service of documents)
s 44 28 s 46
Commercial and Consumer Tribunal Bill 2003
44 Informal service 1
(1) This section applies if-- 2
(a) for any reason, a document is not served as required by this 3
division but the document or a copy of it came into the 4
possession of the party to be served; and 5
(b) the tribunal is satisfied on evidence before it that the document 6
came into the party's possession on or before a particular day. 7
(2) The tribunal may, by order, decide that the possession of the 8
document is service for this Act on the day it came into the party's 9
possession or a later day stated in the order. 10
Division 5--Case management 11
45 Tribunal to fix time and place for proceedings 12
(1) This section applies if an application has been filed and served. 13
(2) The tribunal must fix a time and place for the proceeding that the 14
tribunal considers necessary for resolution of the matters to which the 15
application and any defence and counterclaim relate. 16
(3) However, the tribunal must not fix a time and place for an application 17
for a matter mentioned in section 33(1)7 until either-- 18
(a) a defence and any counterclaim have been filed and served; or 19
(b) the time or extended time (if the tribunal has extended the time 20
for filing a defence and any counterclaim) for filing a defence 21
and counterclaim has ended without a defence being filed. 22
46 Hearings generally open to the public 23
(1) A hearing is open to the public unless the tribunal orders that the 24
hearing, or part of the hearing, is to be closed to the public. 25
(2) The tribunal must make the order if-- 26
7 Section 33 (Defence and counterclaim)
s 47 29 s 48
Commercial and Consumer Tribunal Bill 2003
(a) a provision of an empowering Act specifically states that a 1
particular type of, or part of a, hearing is not open to the public; 2
or 3
(b) the tribunal decides that it is in the public interest for the hearing, 4
or part of the hearing, to be closed to the public. 5
(3) The tribunal may come to the decision mentioned in 6
subsection (2)(b) on-- 7
(a) its own initiative; or 8
(b) an application from a party to a proceeding. 9
(4) The tribunal may, by order, give directions about the persons who 10
may be present at a hearing, or part of a hearing, to be closed to the public. 11
47 Way tribunal is to conduct proceedings 12
(1) This section applies to a proceeding. 13
(2) The procedure is at the discretion of the tribunal, subject to this Act 14
and the rules of natural justice. 15
(3) The proceeding is to be conducted with as little formality and 16
technicality and with as much speed as the requirements of this Act and a 17
proper consideration of the matters before the tribunal permit. 18
(4) The tribunal is not bound by the rules of evidence but may inform 19
itself in any way it considers appropriate. 20
(5) The tribunal may, if appropriate, conduct the proceeding by remote 21
conferencing. 22
(6) In this section-- 23
"remote conferencing" means-- 24
(a) telephone conferencing; or 25
(b) video conferencing; or 26
(c) another form of communication that allows persons taking part in 27
the mediation to hear and take part in discussions as they happen. 28
48 Hearing on the papers 29
The tribunal may decide all or part of a proceeding from a consideration 30
of the documents filed, without the parties or witnesses appearing if-- 31
s 49 30 s 50
Commercial and Consumer Tribunal Bill 2003
(a) the parties to the proceeding agree; or 1
(b) the tribunal considers it appropriate in all the circumstances. 2
49 Practice directions 3
(1) To the extent that a matter about the procedures of the tribunal is not 4
provided for by this Act, the chairperson may issue practice directions 5
about the tribunal's general procedures. 6
(2) The members of the tribunal and parties before the tribunal must 7
comply with the practice directions. 8
50 Directions and orders 9
(1) The tribunal may make orders, give directions and do whatever is 10
necessary for the just, fair, informal, cost efficient and speedy resolution of 11
a proceeding. 12
(2) The power to give directions under subsection (1) is subject to 13
practice directions under section 49.8 14
(3) Without limiting subsection (1), the tribunal may at any time-- 15
(a) set time limits for the completion of anything to be done in 16
relation to the proceeding; and 17
(b) require a party to the proceeding to give the tribunal either or 18
both of the following if the tribunal considers it may be relevant 19
to the proceeding-- 20
(i) a document in the party's possession or control; 21
(ii) any other information or evidence. 22
(4) A party must comply with an order or direction within the time stated 23
in the order or direction unless the party applies to the tribunal for and is 24
granted an extension of time to comply with the order or direction. 25
(5) The tribunal, on application of a party or on its own initiative, may at 26
any time vary or revoke an order or direction given by it. 27
(6) The tribunal may not vary or revoke an order or direction given by it 28
if to do so would cause any prejudice or detriment to a party or potential 29
8 Section 49 (Practice directions)
s 51 31 s 52
Commercial and Consumer Tribunal Bill 2003
party that can not be remedied by an appropriate order for costs or 1
damages. 2
(7) In this section-- 3
"order" includes an interim order. 4
51 Documents to which disclosure does not apply 5
(1) The duty of disclosure does not apply to the following documents-- 6
(a) a document in relation to which there is a valid claim to privilege 7
from disclosure; 8
(b) a document relevant only to credit; 9
(c) an additional copy of a document already disclosed, if it is 10
reasonable to suppose the additional copy contains no change, 11
obliteration or other mark or feature likely to affect the outcome 12
of the proceeding. 13
(2) A document consisting of a statement or report of an expert is not 14
privileged from disclosure. 15
(3) In this section-- 16
"duty of disclosure" means a requirement under section 50(4)9 relating to 17
a document mentioned in section 50(3)(b)(i). 18
52 Extension of time and waiver of compliance 19
(1) The tribunal, on the application of any entity or on its own initiative, 20
may extend a time limit fixed by or under this or another Act for the start of 21
a proceeding. 22
(2) The tribunal, on the application of a party or on its own initiative, 23
may for a proceeding-- 24
(a) extend a time limit fixed by or under this Act or an empowering 25
Act for the doing of anything; or 26
(b) waive compliance with any procedural requirement under this 27
Act. 28
9 Section 50 (Directions and orders)
s 53 32 s 56
Commercial and Consumer Tribunal Bill 2003
(3) The tribunal may extend time or waive compliance even if the time 1
or period for compliance has expired. 2
(4) The tribunal may not extend time or waive compliance if to do so 3
would cause any prejudice or detriment to a party or potential party that 4
can not be remedied by an appropriate order for costs or damages. 5
53 Inclusion of parties 6
(1) For a proceeding, the tribunal may order that a person be included as 7
a party to the proceeding if the tribunal considers that-- 8
(a) the person ought to be bound by, or have the benefit of, an order 9
of the tribunal in the proceeding; or 10
(b) the person's interests are affected by the proceeding; or 11
(c) for another reason it is desirable the person be included as a 12
party. 13
(2) The tribunal may make an order under subsection (1) on application 14
of a party or on its own initiative. 15
54 Consolidation of proceedings 16
The tribunal may on the application of a party or on its own initiative 17
order that 2 or more proceedings be consolidated if-- 18
(a) the same or substantially the same question is involved in all the 19
proceedings; or 20
(b) the decision in 1 proceeding will decide or affect the other 21
proceeding or proceedings. 22
55 Sequence of hearings 23
The tribunal may on the application of any entity or on its own initiative 24
order that 2 or more proceedings be heard together or in a particular 25
sequence. 26
56 Directions 27
If the tribunal orders that proceedings be consolidated or heard together 28
or in a specified sequence, the tribunal may give a direction it considers 29
appropriate for the conduct of the proceeding or proceedings. 30
s 57 33 s 60
Commercial and Consumer Tribunal Bill 2003
57 Variation of order 1
Before or during the hearing of a consolidated proceeding or of 2
proceedings ordered to be heard together or in a particular sequence, the 3
tribunal may order the proceedings be separated or heard in another 4
sequence. 5
58 Vexatious proceedings 6
If, in the tribunal's opinion, a proceeding has been brought vexatiously 7
or oppressively, the tribunal may-- 8
(a) summarily dismiss the proceeding; and 9
(b) order costs against the party by whom the proceeding was 10
brought to compensate the party against whom it was brought for 11
loss, inconvenience and embarrassment resulting from the 12
proceeding. 13
59 Non-appearance of respondent 14
(1) This section applies if the tribunal is satisfied that the respondent-- 15
(a) has been given notice of the hearing and does not appear at the 16
hearing; or 17
(b) can not be located after the making of reasonable inquiries into 18
the respondent's whereabouts. 19
(2) The tribunal may hear and decide the matter in the respondent's 20
absence. 21
60 Conduct of proceeding causing disadvantage 22
(1) This section applies if the tribunal considers a party to a proceeding 23
is acting in a way that unreasonably disadvantages another party to the 24
proceeding including by-- 25
(a) not complying with a direction or order of the tribunal without 26
reasonable excuse; or 27
(b) asking for an adjournment as a result of not complying with a 28
direction or order of the tribunal; or 29
(c) vexatiously conducting the proceeding; or 30
(d) causing an adjournment. 31
s 61 34 s 64
Commercial and Consumer Tribunal Bill 2003
(2) The tribunal may-- 1
(a) order that the party causing the disadvantage compensate the 2
other party for any costs incurred unnecessarily; or 3
(b) if the party causing the disadvantage is the applicant, dismiss the 4
applicant's claim; or 5
(c) if the party causing the disadvantage has filed a counterclaim, 6
dismiss the counterclaim. 7
(3) The tribunal may refuse to continue with the proceeding until an 8
order under subsection (2)(a) is complied with. 9
61 Withdrawal by applicant 10
(1) An applicant may withdraw all or part of an application, without the 11
tribunal's leave, if the applicant has not been served with a defence or 12
counterclaim relating to the application. 13
(2) After being served with a defence or counterclaim, an applicant may 14
withdraw all or part of an application only with the tribunal's leave. 15
(3) Also, if there is more than 1 applicant, an applicant may withdraw all 16
or part of an application only with the tribunal's leave. 17
(4) An applicant may withdraw against 1 or more respondents without 18
withdrawing against the other respondents only with the tribunal's leave. 19
62 Withdrawal by respondent 20
A respondent may withdraw all or part of a defence or counterclaim only 21
with the tribunal's leave. 22
63 Further application after withdrawal restricted 23
If an applicant withdraws all or part of an application, the applicant may 24
make a further application relating to the same facts and circumstances 25
only with the tribunal's leave. 26
64 Costs order on applicant's withdrawal 27
If an applicant withdraws all or part of an application, the tribunal may 28
make an order that the applicant pay all, or part of, the costs of the other 29
parties to the proceeding. 30
s 65 35 s 67
Commercial and Consumer Tribunal Bill 2003
65 Notice of withdrawal 1
(1) A withdrawal for which the tribunal's leave is not required may be 2
effected by filing a notice of withdrawal, in the approved form, and serving 3
it as soon as practicable on the other parties. 4
(2) A withdrawal for which the tribunal's leave is required is effected by 5
the order giving leave and a notice of withdrawal is not required. 6
66 Tribunal may hear proceeding regardless of related criminal or 7
disciplinary action 8
(1) This section applies if matters arising in a proceeding involve the 9
contravention, or the alleged contravention, by a person of an Act. 10
(2) Unless an empowering Act provides otherwise, the tribunal may 11
make an order to resolve the proceeding whether or not the person-- 12
(a) has been charged with, convicted of or sentenced for an offence 13
arising out of the contravention; or 14
(b) is the subject of a pending disciplinary proceeding relating to the 15
contravention; or 16
(c) may be, or has been, subject to disciplinary action under 17
section 10710 relating to the contravention. 18
Division 6--Security for costs 19
67 Security for costs 20
(1) On the application of a party against whom a claim is made or an 21
outcome or order sought in a proceeding, the tribunal may order-- 22
(a) that another party give security for the costs of the party applying 23
for security within the time stated in the order; and 24
(b) that the proceeding as against the party applying for security be 25
stayed until the security is given. 26
(2) An application under subsection (1) may be made at any time before 27
the proceeding ends. 28
10 Section 107 (Orders for disciplinary action)
s 68 36 s 68
Commercial and Consumer Tribunal Bill 2003
(3) If security for costs is not given within the time stated in the order, 1
the tribunal may make an order dismissing the proceeding as against the 2
party applying for security. 3
(4) In deciding whether to make an order, the tribunal may have regard to 4
any of the following matters-- 5
(a) the means of the parties to the proceeding; 6
(b) the prospects of success or merits of the proceeding; 7
(c) the genuineness of the proceeding; 8
(d) if the party against whom an order for costs is sought suffers 9
from a lack of means, whether this is attributable to the conduct 10
of the applicant for the order; 11
(e) whether an order for security for costs would be oppressive; 12
(f) whether an order for security for costs would stifle the 13
proceeding; 14
(g) whether delay by a party in starting the proceeding has 15
prejudiced another party; 16
(h) the costs of the proceeding; 17
(i) anything else the tribunal considers relevant. 18
68 Way security given 19
(1) If the tribunal orders a party to give security for costs, the security 20
must be given in the form, at the time, and on the conditions, if any, the 21
tribunal directs. 22
(2) If the tribunal does not state the form of the security-- 23
(a) it must be given in a form approved by the director; and 24
(b) the form of security approved by the director must be written on 25
the order before it is issued. 26
(3) A party who gives security for costs must as soon as practicable after 27
giving security serve on the applicant for security written notice of when, 28
and the way in which, the security was given. 29
s 69 37 s 71
Commercial and Consumer Tribunal Bill 2003
69 Finalising security 1
(1) This section applies if, in a proceeding, security for costs has been 2
given by a party under an order made about security for costs under 3
section 67.11 4
(2) If the tribunal decides the party must pay all or part of the costs of the 5
proceeding, the security may be applied in satisfaction of the costs. 6
(3) However, the security must be discharged-- 7
(a) if the tribunal's decision relating to the proceeding does not 8
require the party to pay all or part of the costs of the proceeding; 9
or 10
(b) if the tribunal orders the discharge of the security; or 11
(c) if the party entitled to the benefit of the security consents to its 12
discharge; or 13
(d) in relation to the balance after costs have been satisfied under 14
subsection (2). 15
Division 7--Costs generally 16
70 Purposes of div 7 17
The main purpose of this division is to have parties pay their own costs 18
unless the interests of justice require otherwise. 19
71 Costs 20
(1) In a proceeding, the tribunal may award the costs it considers 21
appropriate on-- 22
(a) the application of a party to the proceeding; or 23
(b) its own initiative. 24
(2) The costs the tribunal may award may be awarded at any stage of the 25
proceeding or after the proceeding has ended. 26
(3) If the tribunal awards costs during a proceeding, the tribunal may 27
order that the costs not be assessed until the proceeding ends. 28
11 Section 67 (Security for costs)
s 72 38 s 72
Commercial and Consumer Tribunal Bill 2003
(4) In deciding whether to award costs, and the amount of the costs, the 1
tribunal may have regard to the following-- 2
(a) the outcome of the proceeding; 3
(b) the conduct of the parties to the proceeding before and during the 4
proceeding; 5
(c) the nature and complexity of the proceeding; 6
(d) the relative strengths of the claims made by each of the parties to 7
the proceeding; 8
(e) any contravention of an Act by a party to the proceeding; 9
(f) for a proceeding to which a State agency is a party, whether the 10
other party to the proceeding was afforded natural justice by the 11
State agency; 12
(g) anything else the tribunal considers relevant. 13
14
Examples of paragraph (g)--
15
The tribunal may consider whether a party to a proceeding is acting in a
16
way that unreasonably disadvantages another party to the proceeding.
17
The tribunal may consider whether the proceeding, or a part of the
18
proceeding, has been frivolous or vexatious.
(5) A party to a proceeding is not entitled to costs merely because-- 19
(a) the party was the beneficiary of an order of the tribunal; or 20
(b) the party was legally represented at the proceeding. 21
(6) The power of the tribunal to award costs under this section is in 22
addition to the tribunal's power to award costs under another provision of 23
this or another Act. 24
(7) The tribunal may direct that costs be assessed-- 25
(a) in the way decided by a presiding case manager; or 26
(b) by a person appointed by the tribunal. 27
72 Stay pending payment of costs 28
(1) This section applies if a party has been ordered to pay the costs of 29
another party whether under section 7112 or otherwise, and the party, before 30
12 Section 71 (Costs)
s 73 39 s 76
Commercial and Consumer Tribunal Bill 2003
paying the costs, starts another proceeding before the tribunal against the 1
other party. 2
(2) The tribunal may order a stay of the other proceeding until the costs 3
are paid. 4
Division 8--Representation 5
73 Purposes of div 7 6
The main purpose of this division is to have parties represent themselves 7
and save legal costs unless the interests of justice require otherwise. 8
74 Who represents party at mediation 9
Unless the mediator considers it appropriate in the interests of justice to 10
allow a party to be represented by a lawyer or other person, a party must 11
represent himself or herself at mediation. 12
75 Who represents party at pre-hearing conference 13
Unless the tribunal considers it appropriate in the interests of justice to 14
allow a party to be represented by a lawyer or other person, a party must 15
represent himself or herself at a pre-hearing conference. 16
76 Who represents party at other proceedings 17
(1) Subject to the provisions of an empowering Act or subsection (2) or 18
(3), in a proceeding-- 19
(a) a party, other than an individual, appearing before the tribunal 20
may be represented only by a person who is not a lawyer; and 21
(b) an individual appearing before the tribunal must represent 22
himself or herself. 23
(2) A party may be represented by a lawyer if-- 24
s 77 40 s 77
Commercial and Consumer Tribunal Bill 2003
(a) the proceeding relates to an application under the Queensland 1
Building Services Act 1991, section 93;13 or 2
(b) the proceeding is a disciplinary proceeding; or 3
(c) the proceeding is a public examination; or 4
(d) all parties to the proceeding agree; or 5
(e) the tribunal directs that representation by the lawyer is 6
appropriate having regard to all the circumstances including, for 7
example-- 8
(i) the cost of representation and whether each party can afford 9
to be represented; and 10
(ii) the complexity of the legal and factual issues involved; and 11
(iii) the potential for lengthening the proceeding if a party is not 12
represented; and 13
(iv) the ability of the lawyer or other person to help the tribunal 14
and the party represented; and 15
(v) the ability of the party to represent himself or herself. 16
(3) An individual appearing before the tribunal may be represented by a 17
person who is not a lawyer if the tribunal directs that representation by the 18
person is appropriate having regard to all the circumstances. 19
Division 9--Other provisions about proceedings 20
77 Tribunal may require witness to attend 21
(1) The tribunal may, on the application of a party to a proceeding or on 22
its own initiative, issue an attendance notice requiring a person to attend 23
before it at the time and place notified in the attendance notice to do either 24
or both of the following-- 25
(a) appear as a witness and be examined on oath about the matters 26
the subject of the proceeding; 27
(b) to produce the documents or things stated in the attendance 28
notice or that belong to a class stated in the attendance notice. 29
13 Queensland Building Services Act 1991, section 93 (Decisions about debts arising
from statutory insurance scheme)
s 78 41 s 78
Commercial and Consumer Tribunal Bill 2003
(2) A person required to appear as a witness is entitled to-- 1
(a) the witness fees prescribed under a regulation; or 2
(b) if no witness fees are prescribed--the reasonable witness fees 3
decided by the tribunal. 4
(3) The tribunal may decide whether the witness fees must be paid 5
wholly or partly by the party who applied for the summons or by the 6
tribunal. 7
78 Offences by witnesses 8
(1) A person required, under an attendance notice, to attend before the 9
tribunal must not fail, without reasonable excuse to-- 10
(a) attend as required by the attendance notice; or 11
(b) continue to attend as required by the tribunal until excused from 12
further attendance. 13
Maximum penalty--80 penalty units. 14
(2) A person appearing as a witness before the tribunal must take an oath 15
when required by the tribunal. 16
Maximum penalty--80 penalty units. 17
(3) Also, a person appearing as a witness before the tribunal must not 18
fail, without reasonable excuse-- 19
(a) to answer a question the person is required to answer by the 20
tribunal; or 21
(b) to produce a document or thing the person is required to produce 22
under an attendance notice. 23
Maximum penalty--80 penalty units. 24
(4) It is a reasonable excuse to refuse to answer a question or produce a 25
document or thing on the ground that the answer or production of the 26
document or thing might tend to incriminate the person. 27
(5) Despite subsection (1), the tribunal may at any time excuse a person 28
for failing to attend at the time and place notified. 29
s 79 42 s 80
Commercial and Consumer Tribunal Bill 2003
79 Warrant may be issued if witness does not attend 1
(1) If the tribunal gives an attendance notice to a person and the person 2
does not attend as required by the notice, the tribunal may-- 3
(a) issue a warrant directed to a police officer to bring the person at 4
the time, and to the place, stated in the warrant to give evidence 5
at a proceeding before the tribunal; and14 6
(b) adjourn the hearing to the time and place mentioned in 7
paragraph (a) on terms as to costs the tribunal considers 8
appropriate. 9
(2) A warrant issued under subsection (1) is sufficient authority for a 10
police officer to execute it according to its terms. 11
80 False or misleading information 12
(1) A person appearing before the tribunal must not state anything the 13
person knows is false or misleading in a material particular. 14
Maximum penalty--100 penalty units. 15
(2) A person appearing before the tribunal must not produce a document 16
containing information the person knows is false or misleading in a 17
material particular. 18
Maximum penalty--100 penalty units. 19
(3) Subsection (2) does not apply to a person if the person, when giving 20
the document-- 21
(a) tells the tribunal, to the best of the person's ability, how it is false 22
or misleading; and 23
(b) if the person has, or can reasonably obtain, the correct 24
information--gives the correct information. 25
(4) It is enough for a complaint against a person for an offence against 26
subsection (1) or (2) to state that the statement or document was `false or 27
misleading', without specifying whether it was false or whether it was 28
misleading. 29
14 For particular police powers under a warrant, see the Police Powers and
Responsibilities Act 2000, section 19 (General power to enter to arrest or detain
someone or enforce warrant) and section 376 (Power to use force against
individuals).
s 81 43 s 83
Commercial and Consumer Tribunal Bill 2003
81 Powers of tribunal relating to taking of evidence 1
(1) For a proceeding, the tribunal may-- 2
(a) take evidence on oath; or 3
(b) require a person who is to give evidence before the tribunal to 4
take an oath; or 5
(c) administer an oath to a person who is to give evidence before the 6
tribunal. 7
(2) The oath to be taken or made by a person is an oath that the evidence 8
the person will give will be true. 9
82 Referral of matters for expert report 10
(1) The tribunal may refer a matter of a technical nature arising in the 11
course of a proceeding for investigation by an appropriate expert. 12
(2) The expert must report the results of the investigation in writing to 13
the tribunal and provide the parties with copies of the report. 14
(3) The report must be given within the reasonable time stated by the 15
tribunal in the request. 16
(4) The tribunal may adopt all, some or none of the expert's findings. 17
(5) The parties to the proceeding are responsible for any costs of an 18
expert, and must pay those costs in the proportions decided by the tribunal. 19
(6) A State agency may be an expert for this section. 20
21
Example--
22
The tribunal might ask the authority under the Queensland Building Services Authority
23
Act 1991 to give the tribunal a report about a building dispute that includes--
24
(a) details of building work the authority considers is defective or incomplete; and
25
(b) an assessment of the time within which the rectification or completion work
26
should be finished.
83 Entry and inspection of property 27
(1) A member may, if it is necessary to do so for the purposes of a 28
proceeding before the tribunal-- 29
(a) for a view, enter and inspect a building or land relevant to the 30
proceeding accompanied by the parties to the proceeding; or 31
s 84 44 s 84
Commercial and Consumer Tribunal Bill 2003
(b) authorise a person in writing to take the following action and 1
report to the tribunal on the action taken-- 2
(i) enter and inspect a building or land relevant to the 3
proceeding; 4
(ii) take photographs, video film or an image of the building or 5
land or anything relevant to the proceeding; 6
(iii) carry out tests approved by the tribunal. 7
8
Examples of `building or land relevant to the proceeding'--
9
· A display home mentioned in a contract as the model to be followed by a building
10
contractor if the display home is occupied by a third party.
11
· Land adjoining other land on which is situated building work the subject of a
12
proceeding to better inspect the building work from the adjoining land.
(2) A person who obstructs a member, or a person authorised under 13
subsection (1)(b), in the exercise of a power mentioned in subsection (1) 14
commits an offence. 15
Maximum penalty--200 penalty units. 16
84 Procedure before entry 17
(1) This section applies to entry under section 83. 18
(2) Before entering a building or land the member or a person authorised 19
to enter must do or make a reasonable attempt to do the following-- 20
(a) give an occupier or, if there is no occupier, the owner, reasonable 21
notice of the entry; 22
(b) on arriving at the building or land, identify himself or herself to a 23
person present who is an occupier of the building or land by 24
producing-- 25
(i) for the member--a copy of a document that evidences the 26
member's appointment; or 27
(ii) for a person authorised to enter--a copy of the authorisation 28
and evidence that the person is the person authorised; 29
(c) give the person present a copy of the things produced under 30
subsection (2)(b); 31
(d) tell the person present the member or authorised person is 32
permitted to enter the building or land. 33
s 85 45 s 86
Commercial and Consumer Tribunal Bill 2003
85 Inspection of documents or things 1
(1) If a document or thing is produced to the tribunal, the tribunal may-- 2
(a) inspect the document or thing; and 3
(b) copy or photograph the document or thing if it is relevant to the 4
proceeding before the tribunal. 5
(2) The tribunal may also take possession of the document or thing, and 6
keep it while it is necessary for the proceeding. 7
(3) While it keeps a document or thing, the tribunal must permit a person 8
otherwise entitled to possession of it to inspect, copy or photograph the 9
document or thing at a reasonable place and time the tribunal decides. 10
86 Contempt of tribunal 11
(1) A person is in contempt of the tribunal if the person-- 12
(a) insults a member or a member of the staff of the registry at a 13
proceeding, or in going to or returning from the proceeding; or 14
(b) deliberately interrupts a proceeding, or otherwise misbehaves at 15
a proceeding; or 16
(c) creates or continues, or joins in creating or continuing, a 17
disturbance in or near a place where a proceeding is being 18
conducted; or 19
(d) obstructs or assaults a person attending a proceeding; or 20
(e) without lawful excuse, disobeys a lawful order or direction of the 21
tribunal made or given at a proceeding; or 22
(f) obstructs a member, or a person authorised under section 83(1),15 23
in the exercise of a power under section 83(1); or 24
(g) does anything at a proceeding or otherwise that would be 25
contempt of court if the tribunal were a court of record. 26
(2) The tribunal may order that a person who is in contempt under 27
subsection (1) at a proceeding be excluded from the place where the 28
proceeding is being conducted. 29
15 Section 83 (Entry and inspection of property)
s 87 46 s 87
Commercial and Consumer Tribunal Bill 2003
(3) A member of the staff of the registry, acting under the tribunal's 1
order, may, using necessary and reasonable help and force, exclude the 2
person from the place. 3
(4) In this section-- 4
"member" includes presiding case manager. 5
87 Punishment of contempt 6
(1) Without limiting the tribunal's power to punish for contempt under 7
section 86,16 a person's contempt of the tribunal may be punished under 8
this section. 9
(2) The chairperson may certify the contempt in writing to the Supreme 10
Court (the "court"). 11
(3) For subsection (2), it is enough for the chairperson to be satisfied 12
there is evidence of contempt. 13
(4) The chairperson may issue a warrant directed to all police officers for 14
the arrest of the person to be brought before the court to be dealt with 15
according to law. 16
(5) The Bail Act 1980 applies to the proceeding for the contempt started 17
by the certification in the same way it applies to a charge of an offence. 18
(6) The court must inquire into the alleged contempt. 19
(7) The court must hear-- 20
(a) witnesses and evidence that may be produced against or for the 21
person whose contempt was certified; and 22
(b) any statement given by the person in defence. 23
(8) If the court is satisfied the person has committed the contempt, the 24
court may punish the person as if the person had committed the contempt 25
in relation to a proceeding in the court. 26
(9) The Uniform Civil Procedure Rules 1999 apply to the court's 27
investigation, hearing and power to punish with necessary changes. 28
(10) The chairperson's certificate of contempt is evidence of the matters 29
contained in the certificate. 30
16 Section 86 (Contempt of tribunal)
s 88 47 s 90
Commercial and Consumer Tribunal Bill 2003
88 Conduct that is contempt and offence 1
If conduct of a person is both contempt of the tribunal and an offence, 2
the person may be proceeded against for the contempt or for the offence, 3
but the person is not liable to be punished twice for the same conduct. 4
89 Protection of persons at tribunal 5
(1) A member has, in the performance of the member's duties as a 6
member, the same protection and immunity as a District Court judge has in 7
the performance of the judge's duties. 8
(2) A presiding case manager has, in the performance of the presiding 9
case manager's duties when constituting a tribunal or exercising a power 10
under section 28(3),17 the same protection and immunity as a District Court 11
judge has in the performance of the judge's duties. 12
(3) A mediator has, in the performance of the mediator's duties as a 13
mediator, the same protection and immunity as a District Court judge has 14
in the performance of the judge's duties. 15
(4) An expert, in doing something for section 82(2),18 has the same 16
protection and immunity as a District Court judge has in the performance 17
of the judge's duties. 18
(5) A person representing an entity before the tribunal has the same 19
protection and immunity as a barrister appearing for a party in a proceeding 20
before the District Court. 21
(6) A person appearing before the tribunal as a witness has the same 22
protection as a witness in a proceeding before the District Court. 23
(7) A document produced at, or used for, a hearing has the same 24
protection it would have if produced before the District Court. 25
90 Suppression of sensitive information 26
(1) This section does not apply to a disciplinary proceeding. 27
(2) On the application of a party to a proceeding made during the 28
proceeding, or on the tribunal's own initiative, the tribunal may order that 29
17 Section 28 (Presiding case manager's power to deal with particular applications to
tribunal)
18 Section 82 (Referral of matters for expert report)
s 91 48 s 91
Commercial and Consumer Tribunal Bill 2003
sensitive information about the party is not to form part of the record 1
available for inspection by members of the public. 2
3
Example of sensitive information--
4
· information about a person's reputation
5
· information about a person's history of behaviour or attitude in relation to the
6
management and discharge of the person's financial obligations.
(3) On the application of an entity who was a party to a proceeding made 7
after the proceeding, or on the tribunal's own initiative, the tribunal may 8
order that sensitive information about the entity is not to form part of the 9
record available for inspection by members of the public from a day stated 10
in the order. 11
(4) However, the tribunal must-- 12
(a) before making an order under subsection (3), ask the director to 13
provide information about-- 14
(i) the extent of any existing publication of the sensitive 15
information; and 16
(ii) the period reasonably needed for the removal of the 17
sensitive information from the record available for 18
inspection by members of the public; and 19
(b) in making the order, have regard to the extent of any publication 20
of the information and the period for removal stated by the 21
director. 22
(5) The tribunal, in deciding whether to suppress information, is not 23
limited by subsection (4) or to a consideration of whether or not the 24
information is in fact sensitive. 25
Division 10--Tribunal decisions and enforcement 26
91 Form of decisions of tribunal 27
(1) A decision of the tribunal that finally decides matters the subject of 28
the proceeding must-- 29
(a) be in writing; and 30
(b) state the decision, and the reasons for the decision; and 31
(c) be published, unless the tribunal decides otherwise in relation to 32
a particular decision, or part of a particular decision. 33
s 92 49 s 93
Commercial and Consumer Tribunal Bill 2003
(2) Subsection (1) does not apply to a pre-hearing conference or a 1
mediation. 2
(3) Subsection (1)(c) applies to a disciplinary proceeding subject to 3
section 107(5).19 4
92 When decision takes effect 5
A decision of the tribunal takes effect-- 6
(a) if all parties to a proceeding before the tribunal are present when 7
the decision is given or order is made--when the decision is 8
given or the order is made; or 9
(b) if 1 party only is not present when the decision is given or order 10
is made--when the party is served with the decision; or 11
(c) if 2 or more parties are not present when the decision is given or 12
order is made--when the decision is served on all of those 13
parties. 14
93 Registration and enforcement of decisions 15
(1) A party may register a decision by the tribunal by filing the following 16
in the registry of a court of competent jurisdiction-- 17
(a) a copy of the decision certified as correct by the director; 18
(b) the party's affidavit of-- 19
(i) service of a certified copy of the decision on the party 20
against whom the decision was given; and 21
(ii) noncompliance, or the extent of noncompliance, with the 22
decision by that party. 23
(2) On registration of the decision in the court-- 24
(a) the decision has, for the purposes of enforcement, the same force 25
and effect; and 26
(b) a proceeding may be taken on the decision; and 27
(c) the amount, if any, for which the decision is registered carries 28
interest; and 29
19 Section 107 (Orders for disciplinary action)
s 94 50 s 94
Commercial and Consumer Tribunal Bill 2003
(d) the court has the same control over the enforcement of the 1
decision; 2
as if the decision had been originally given as a judgment of the court and 3
entered on the day of registration. 4
(3) No court fee is payable for filing the decision and affidavit in the 5
court's registry. 6
(4) For subsection (2), the court is taken to have had jurisdiction to make 7
the decision. 8
Division 11--Further action in relation to a proceeding 9
94 Correcting mistakes 10
(1) The tribunal may correct a decision made by it if the decision 11
contains-- 12
(a) a clerical mistake; or 13
(b) an error arising from an accidental slip or omission; or 14
(c) a material miscalculation of figures or a material mistake in the 15
description of any entity, thing or matter referred to in the 16
decision; or 17
(d) a defect of form. 18
(2) The correction may be made-- 19
(a) on the tribunal's own initiative; or 20
(b) on the written application of a party to the proceeding to which 21
the decision relates. 22
(3) An application under this section-- 23
(a) must be made within 14 days after the making of the decision; 24
and 25
(b) must be based on something mentioned in subsection (1)(a) to 26
(d) that is of sufficient significance to have influenced the 27
outcome of the proceeding. 28
(4) The tribunal need not conduct a hearing for the application. 29
(5) The correction-- 30
s 95 51 s 96
Commercial and Consumer Tribunal Bill 2003
(a) may be made by the member who made the decision, another 1
member, the chairperson or a presiding case manager; and 2
(b) must be made only on the evidence placed before the tribunal at 3
the hearing of the proceeding in which the decision was made. 4
(6) The making of the application under this section does not, of itself, 5
stop the order or decision from taking effect according to its terms. 6
95 Reopening an order if party does not appear 7
(1) An entity in relation to whom an order is made may apply to the 8
tribunal for a review of the order if the entity did not appear and was not 9
represented at the hearing at which the order was made. 10
(2) An application under this section must be made within 14 days after 11
the order is served on the entity. 12
(3) An entity may apply only once in relation to the same order. 13
(4) The tribunal may grant the application if satisfied that the applicant 14
had a reasonable excuse for not attending or for not being represented at 15
the hearing. 16
(5) On a review under this section, the tribunal may confirm, vary or 17
revoke the order. 18
(6) The tribunal may decide the application from a consideration of the 19
documents filed without the applicant appearing, if the tribunal considers it 20
appropriate in all the circumstances. 21
96 Reopening an order if problems with interpretation or 22
implementation 23
(1) A party to a proceeding may apply to the tribunal to vary an order if 24
the party considers there are problems with interpreting or implementing 25
the order. 26
(2) The tribunal may grant the application if satisfied there are problems 27
with interpreting or implementing the order. 28
(3) The tribunal may grant an application under subsection (2) only if it 29
has given all parties to the proceeding an opportunity to be heard on the 30
application. 31
s 97 52 s 100
Commercial and Consumer Tribunal Bill 2003
(4) However, the tribunal may decide the application from a 1
consideration of the documents filed without the parties appearing, if the 2
tribunal considers it appropriate in all the circumstances. 3
97 Application to reopen order must not be made if appeal filed 4
An application under section 93, 95 or 9620 must not be made for a 5
proceeding in relation to which an appeal has been filed under 6
section 100.21 7
98 Questions of law to be decided by presiding member 8
A question of law arising in a proceeding in the tribunal is to be decided 9
according to the presiding member's opinion. 10
99 Cases stated 11
(1) The tribunal may, on the application of a party to a proceeding or on 12
its own initiative, state a case on a question of law arising in the proceeding 13
for the opinion of the District Court. 14
(2) The District Court may decide a question of law stated under this 15
section as it considers just and make consequential or ancillary orders and 16
directions. 17
(3) If a question has been stated for the opinion of the District Court, the 18
tribunal must not, in the proceeding-- 19
(a) make a decision to which the question is relevant while the 20
reference is pending; or 21
(b) proceed in a way, or make a decision, that is inconsistent with the 22
District Court's opinion on the question. 23
100 Appeals 24
(1) A party to a proceeding before the tribunal may appeal to the District 25
Court against a decision of the tribunal, with the court's leave, only on the 26
ground of-- 27
20 Section 93 (Correcting mistakes), 95 (Reopening an order if party does not appear)
or 96 (Reopening an order if problems with interpretation or implementation)
21 Section 100 (Appeals)
s 101 53 s 101
Commercial and Consumer Tribunal Bill 2003
(a) error of law; or 1
(b) excess, or want, of jurisdiction. 2
(2) An appeal must be filed within 28 days after the decision takes effect. 3
(3) An appeal must-- 4
(a) be accompanied by the tribunal's decision and reasons for 5
decision, if any; and 6
(b) refer to the tribunal's decision and reasons for decision, if any, 7
and any other relevant material and state the grounds for the 8
application. 9
(4) The tribunal is not a party to the appeal but the party appealing must 10
serve a copy of the appeal and supporting documents on the tribunal within 11
7 days of filing the appeal in the District Court. 12
(5) On an appeal, the District Court may do any of the following-- 13
(a) confirm, annul, vary or reverse the tribunal's decision; or 14
(b) remit the case to the tribunal for further hearing or rehearing; or 15
(c) make consequential or ancillary orders or directions. 16
(6) The registrar of the District Court must give the tribunal a copy of the 17
court's judgment and reasons. 18
(7) The appellant must pay the costs of the appeal, including the costs of 19
any transcript. 20
PART 6--PROCEEDINGS BEFORE TRIBUNAL 21
Division 1--Review proceedings 22
101 Reviewable decisions 23
The tribunal may review a decision (a "reviewable decision") for which 24
the tribunal is given jurisdiction to review under an empowering Act. 25
s 102 54 s 104
Commercial and Consumer Tribunal Bill 2003
102 Application for review 1
(1) The entity affected by the reviewable decision may apply to the 2
tribunal for a review of the decision. 3
(2) The entity must apply within 28 days after receiving written notice of 4
the decision. 5
(3) The entity must serve a copy of the application on the State agency 6
that made the decision within 7 days after applying for the review. 7
103 Stay of operation of decision 8
(1) Subject to the provisions of an empowering Act, the tribunal may 9
make an order staying the operation of a decision in relation to which an 10
application for review has been made to the tribunal. 11
(2) The tribunal may make the order on the application of a party to the 12
review proceeding or on its own initiative. 13
(3) In making the order, the tribunal-- 14
(a) may require any undertaking, including an undertaking as to 15
costs or damages, it considers appropriate; and 16
(b) may make provision for the lifting of the order if stated 17
conditions are met. 18
104 Orders tribunal may make on review hearing 19
(1) In deciding an application for review of a decision, the tribunal 20
may-- 21
(a) confirm the decision being reviewed; or 22
(b) set aside the decision and substitute another decision; or 23
(c) set aside the decision and return the matter to the State agency 24
that made the decision with directions that the tribunal considers 25
appropriate. 26
(2) In substituting another decision, the tribunal has the same powers as 27
the State agency that originally made the decision. 28
29
Example--
30
The tribunal may decide that an unsuccessful applicant for a licence be granted the
31
licence either unconditionally or on particular conditions.
s 105 55 s 106
Commercial and Consumer Tribunal Bill 2003
(3) If the tribunal substitutes another decision, the substituted decision is 1
taken to be the decision of the State agency who originally made the 2
decision. 3
Division 2--Disciplinary proceedings 4
105 Tribunal may conduct disciplinary proceeding 5
The tribunal may conduct a proceeding, for which the tribunal is given 6
jurisdiction under an empowering Act, to decide whether appropriate 7
grounds exist under the empowering Act for taking disciplinary action 8
against a person under this division. 9
106 How to start disciplinary proceedings 10
(1) A disciplinary proceeding against a person is started by the State 11
agency filing with the tribunal an application, in the approved form, 12
stating-- 13
(a) the grounds on which the disciplinary proceeding is to be 14
brought against the person; and 15
(b) the nature of the matter being referred to the tribunal for 16
decision. 17
(2) The tribunal must fix a day and place for the hearing of the 18
application and issue a notice, in the approved form ("attendance 19
notice"), requiring the person to attend before the tribunal at that day and 20
place. 21
(3) The State agency must serve a copy of the application and attendance 22
notice on the person at least 14 days before the day fixed for the hearing. 23
(4) The application and attendance notice may be combined in 1 notice. 24
(5) The State agency must notify the tribunal of service of the 25
application and attendance notice within 7 days after the application and 26
attendance notice have been served on the person. 27
(6) A disciplinary proceeding is taken to have started on the day the 28
person is given an application and attendance notice. 29
s 107 56 s 108
Commercial and Consumer Tribunal Bill 2003
107 Orders for disciplinary action 1
(1) If the tribunal decides that appropriate grounds exist for taking 2
disciplinary action against a person, the tribunal may make-- 3
(a) an order under an empowering Act; or 4
(b) 1 or more of the orders mentioned in subsections (2) to (4). 5
(2) The tribunal may make an order imposing a penalty on the person of 6
not more than-- 7
(a) for an individual--an amount equivalent to 200 penalty units; or 8
(b) for a corporation--an amount equivalent to 1 000 penalty units. 9
(3) The tribunal may make an order directing the person to pay 10
compensation to someone else who has suffered loss or damage because of 11
the act or omission that resulted in the disciplinary action. 12
(4) If the person is a licensee, the tribunal may make an order-- 13
(a) reprimanding the licensee; or 14
(b) suspending the licence; or 15
(c) imposing conditions on the licence; or 16
(d) cancelling the licence. 17
(5) An order of the tribunal under subsection (2) to (4) must be 18
published. 19
(6) The State agency that brought the application may recover an amount 20
ordered by the tribunal to be imposed as a penalty as a debt due to it in a 21
court with jurisdiction up to the amount of the debt. 22
108 Stop orders 23
(1) This section applies if the tribunal is satisfied, on application by a 24
State agency, that something is, or is about to be done, in contravention of 25
an empowering Act. 26
(2) The tribunal may, by order, prohibit the person who is doing, or 27
about to do, the thing (the "prohibited person") from starting or 28
continuing the thing. 29
(3) The tribunal may make an order under this section on application by 30
a State agency made without notice to the prohibited person but, in that 31
s 109 57 s 109
Commercial and Consumer Tribunal Bill 2003
case, the tribunal must allow the prohibited person a reasonable 1
opportunity to show cause why the order should not be confirmed. 2
(4) If the tribunal, after considering the prohibited person's evidence and 3
submissions, if any, and any further evidence or submissions of the State 4
agency, is not satisfied the order should continue in force, the tribunal must 5
rescind the order. 6
(5) A person must not contravene an order under this section. 7
Maximum penalty--500 penalty units. 8
(6) The operation of this section to a provision of an empowering Act, 9
may be excluded under the empowering Act. 10
109 Suspension orders 11
(1) If the tribunal is satisfied, on application by a State agency, that a 12
licence should be suspended, the tribunal may, by order, suspend the 13
licence-- 14
(a) for the period the tribunal considers just; or 15
(b) until the holder of the licence (the "suspended person") 16
complies with a condition imposed on the licence by the tribunal. 17
(2) The order may direct the suspended person to deliver the licence to a 18
State agency and include any other directions the tribunal considers 19
necessary or convenient to give effect to the order. 20
(3) The tribunal may make an order under this section on application 21
made without notice to the suspended person, but, in that case, the tribunal 22
must allow the suspended person a reasonable opportunity to show cause 23
why the order should be rescinded. 24
(4) If the tribunal after considering the suspended person's evidence and 25
submissions, if any, and any further evidence or submissions of the State 26
agency, is not satisfied the order should continue in force, the tribunal must 27
rescind the order. 28
(5) The holder of a licence who contravenes a direction under 29
subsection (2) commits an offence. 30
Maximum penalty--80 penalty units. 31
(6) The operation of this section to a provision of an empowering Act, 32
may be excluded under the empowering Act. 33
s 110 58 s 112
Commercial and Consumer Tribunal Bill 2003
Division 3--Public Examinations 1
110 Tribunal may conduct public examination 2
The tribunal may conduct a public examination if power to do so is given 3
under an empowering Act. 4
111 Procedure before public examination starts 5
(1) Before the start of a public examination, the tribunal must be satisfied 6
each person to be examined has received written grounds for the public 7
examination. 8
(2) On being satisfied under subsection (1), the tribunal must-- 9
(a) decide a time and place for the public examination; and 10
(b) issue an attendance notice to each person to be examined. 11
(3) If a person to be examined is a corporation, for the purposes of the 12
public examination, the tribunal must issue the attendance notice requiring 13
the executive officer of the corporation to attend the tribunal for 14
examination. 15
(4) The attendance notice must state-- 16
(a) the time and place for the public examination decided by the 17
tribunal; and 18
(b) the person may make oral and written submissions at the public 19
examination. 20
(5) The State agency must serve the attendance notice on the person to 21
whom it was issued. 22
112 Person must answer certain questions 23
(1) This section applies if a person, at a public examination, refuses to 24
answer a question about the person's financial affairs. 25
(2) If the tribunal requires the person to answer the question, the tribunal 26
must advise the person of the following-- 27
(a) that if the answer might incriminate the person, the person may 28
claim, before giving the answer, that giving the answer might 29
incriminate the person; 30
s 113 59 s 114
Commercial and Consumer Tribunal Bill 2003
(b) the effect that making the claim will have on the admissibility of 1
the answer in any proceeding against the person. 2
(3) The person must answer the question, unless the person has a 3
reasonable excuse. 4
Maximum penalty--500 penalty units. 5
(4) It is not a reasonable excuse to fail to answer the question that 6
answering might tend to incriminate the person. 7
(5) The answer is not admissible in any criminal or civil proceeding 8
against the person, other than-- 9
(a) the public examination of a person; or 10
(b) a proceeding to review a reviewable decision; or 11
(c) a perjury proceeding. 12
(6) In this section-- 13
"perjury proceeding" means a proceeding in which the falsity or 14
misleading nature of the answer is relevant. 15
Division 4--Other matters 16
113 Other matters 17
Without limiting divisions 1 to 3, the tribunal may hear and decide 18
matters that it may hear and decide under an empowering Act. 19
PART 7--WAYS TRIBUNAL MAY RESOLVE 20
PROCEEDINGS 21
Division 1--Hearing of proceedings 22
114 Hearing of proceedings 23
(1) The tribunal may conduct a hearing to decide a matter within its 24
jurisdiction. 25
s 115 60 s 115
Commercial and Consumer Tribunal Bill 2003
(2) If the tribunal conducts a hearing, it must allow the parties a 1
reasonable opportunity-- 2
(a) to call or give evidence; and 3
(b) to examine or cross-examine witnesses; and 4
(c) to make submissions to the tribunal. 5
(3) However, the tribunal may-- 6
(a) refuse to allow a party to call evidence or cross-examine about a 7
matter if the tribunal considers there is already sufficient 8
evidence about the matter before the tribunal; and 9
(b) decide whether evidence is to be given orally or in writing and 10
whether it is to be given on oath or by affidavit; and 11
(c) limit the time for a proceeding and may allocate the time equally 12
between the parties. 13
(4) If a party fails to appear at a time and place notified by the tribunal, 14
the tribunal may proceed in the party's absence. 15
(5) This section is subject to section 124.22 16
Division 2--Decision by default 17
115 Decision by default for debt 18
(1) This section applies if an applicant has filed an application to recover 19
a liquidated amount from a respondent and the respondent has not filed a 20
defence to the application within the period required. 21
(2) The applicant may file a request for an order in favour of the 22
applicant (a "decision by default") in the approved form for an amount 23
limited to-- 24
(a) the amount claimed in the application starting the proceeding; 25
and 26
(b) the fee paid for the application; and 27
(c) legal costs based on a scale prescribed under a regulation; and 28
22 Section 124 (Procedure for expedited hearing)
s 116 61 s 117
Commercial and Consumer Tribunal Bill 2003
(d) interest on the amount claimed at the rate and calculated in the 1
way prescribed under a regulation. 2
(3) If the applicant files a request for a decision by default under this 3
section the director or a presiding case manager may give the decision. 4
(4) A decision by default given under subsection (3) is taken to be a 5
decision of the tribunal. 6
(5) The applicant must prove service of the application on the 7
respondent before a decision by default may be given under this section. 8
116 Setting aside decision by default 9
The tribunal, on application by the respondent, may set aside or amend a 10
decision by default under section 11523 on terms, including terms about 11
costs and the giving of security, the tribunal considers appropriate. 12
Division 3--Mediation 13
117 Tribunal may appoint mediator 14
(1) If the tribunal considers a proceeding is suitable for mediation, the 15
tribunal may appoint a mediator or mediators to try to achieve a negotiated 16
settlement of the proceeding. 17
(2) In deciding whether a proceeding is suitable for mediation, the 18
tribunal may consider whether some form of mediation, whether under this 19
Act, an empowering Act, or otherwise, has previously been attempted but 20
failed. 21
(3) At the request of all the parties to a proceeding, the tribunal may 22
appoint a particular mediator chosen by the parties. 23
(4) The powers of the tribunal under subsection (1) or (3) may be 24
exercised by the director or a presiding case manager. 25
(5) If the director or presiding case manager exercises the tribunal's 26
power under subsection (4) the power is taken to be exercised by the 27
tribunal. 28
23 Section 115 (Decision by default for debt)
s 118 62 s 119
Commercial and Consumer Tribunal Bill 2003
(6) If there is an additional cost in appointing a mediator under 1
subsection (3) when compared with the cost of a mediator not requested by 2
the parties, the additional cost must be paid by the parties in the proportions 3
decided by the tribunal. 4
(7) The mediator may be a member of the tribunal or another person. 5
(8) The tribunal may appoint a person as mediator only if the tribunal 6
considers the person has suitable qualifications and experience to be a 7
mediator. 8
9
Example of `suitable qualifications and experience'--
10
Successful completion of a recognised training course in mediation and experience in a
11
business or profession relevant to the proceeding the subject of the mediation.
118 Method of mediation 12
(1) The tribunal may, in appropriate cases, allow a mediator to conduct a 13
mediation by remote conferencing. 14
(2) Otherwise, a mediator may conduct a mediation in the way decided 15
by the mediator. 16
(3) In this section-- 17
"remote conferencing" means-- 18
(a) telephone conferencing; or 19
(b) video conferencing; or 20
(c) another form of communication that allows persons taking part in 21
the mediation to hear and take part in discussions as they happen. 22
119 Matters about mediation 23
(1) Evidence of anything done or said, or an admission made, at a 24
mediation is admissible in a proceeding before the tribunal or elsewhere 25
only if all parties to the mediation agree. 26
(2) Despite subsection (1), if a dispute is not settled at mediation, the 27
mediator must obtain the following from each party at the end of the 28
mediation and report them to the tribunal-- 29
(a) the issues each party considers are the issues in dispute; and 30
(b) the orders each party seeks from the tribunal. 31
s 120 63 s 120
Commercial and Consumer Tribunal Bill 2003
(3) In a hearing before the tribunal, the tribunal is not limited to 1
considering the issues reported under subsection (2). 2
(4) If a dispute is, or some of the issues in the dispute are, settled, the 3
mediator must report the terms of the settlement to the tribunal. 4
(5) The tribunal may make a decision in terms of the settlement, and may 5
make consequential orders or give consequential directions. 6
(6) The terms of the settlement must not be included in a register or other 7
record available for inspection under this Act, unless the tribunal, at the 8
request of the parties or on its own initiative, orders otherwise. 9
(7) In this section-- 10
"proceeding" does not include a proceeding founded on fraud, or about an 11
offence, alleged to be connected with, or to have happened during, the 12
mediation. 13
120 Mediators to maintain secrecy 14
(1) A mediator must not, without reasonable excuse, disclose 15
information coming to the mediator's knowledge during a mediation. 16
Maximum penalty--40 penalty units. 17
(2) It is a reasonable excuse to disclose information if the disclosure is 18
made-- 19
(a) with the agreement of all parties to the mediation; or 20
(b) for this Act; or 21
(c) for statistical purposes without revealing, or being likely to 22
reveal, the identity of a person about whom the information 23
relates; or 24
(d) for an inquiry or proceeding about an offence happening during 25
the mediation; or 26
(e) for a proceeding founded on fraud alleged to be connected with, 27
or to have happened during, the mediation; or 28
(f) under a requirement imposed under an Act. 29
s 121 64 s 124
Commercial and Consumer Tribunal Bill 2003
121 Mediator precluded from tribunal hearing 1
(1) If a mediator is a member of the tribunal, the member must not hear a 2
proceeding before the tribunal that was the subject of the mediation. 3
(2) Subsection (1) does not apply to a pre-hearing conference. 4
122 Time limit for mediation before expedited hearing 5
If the director or a presiding case manager has set a proceeding down for 6
mediation to be followed on the same day by an expedited hearing, the 7
director or presiding case manager must set a time limit of not more than 8
2.5 hours for the mediation. 9
Division 4--Expedited hearings 10
123 Matters for which an expedited hearing may be held 11
The tribunal may conduct an expedited hearing for a matter only if the 12
matter is prescribed under an empowering Act to be a matter for which an 13
expedited hearing may be heard. 14
124 Procedure for expedited hearing 15
(1) Before an expedited hearing each party to the hearing must, if 16
directed by the tribunal-- 17
(a) file statements of witnesses, expert reports and other documents 18
the party intends to rely on; and 19
(b) exchange these with the other parties within the time limit set by 20
the tribunal. 21
(2) At the expedited hearing-- 22
(a) cross-examination is at the discretion of the tribunal; and 23
(b) the parties must, as directed by the tribunal, arrange for the 24
attendance of witnesses, including expert witnesses to clarify or 25
expand on evidence in the documents filed; and 26
(c) the tribunal may limit the time for the hearing and allocate the 27
time equally between the parties. 28
s 125 65 s 125
Commercial and Consumer Tribunal Bill 2003
Division 5--Summary decision 1
125 Summary decision for applicant 2
(1) An applicant who starts a proceeding in the tribunal for a matter 3
mentioned in section 33(1)24 may, at any time after the end of the 14 day 4
period allowed for the filing of a defence, apply to the tribunal under this 5
division for a decision in favour of the applicant (a "summary decision"). 6
(2) The tribunal may give the summary decision for the applicant for all 7
or part of the relief claimed in the application if-- 8
(a) the matter is a matter that is prescribed under a regulation made 9
under this or an empowering Act as a matter for which a 10
summary decision may be made; and 11
(b) the tribunal is satisfied-- 12
(i) the applicant has complied with this division and is entitled 13
to all or part of the relief sought in the application; and 14
(ii) the respondent has no defence other than in relation to the 15
amount of the claim; and 16
(iii) there is no need for a hearing by the tribunal of the 17
proceeding or of that part of the proceeding for which the 18
summary decision is sought. 19
(3) However, if the amount of the claim can not be calculated, because, 20
for example, there is insufficient evidence available to satisfy the tribunal 21
of the amount of the claim, the tribunal may instead-- 22
(a) order the amount of the claim to be decided in the way the 23
tribunal directs; and 24
(b) give leave for the summary decision to be given for the amount 25
decided and costs. 26
(4) A second or later application under this division may be made with 27
the tribunal's leave. 28
24 Section 33 (Defence and counterclaim)
s 126 66 s 128
Commercial and Consumer Tribunal Bill 2003
126 Summary decision for respondent 1
(1) The respondent against whom a proceeding is started by application 2
in the tribunal may at any time apply to the tribunal under this division for 3
a decision in favour of the respondent (also a "summary decision"). 4
(2) The tribunal may give the summary decision or make any other 5
decision the tribunal considers appropriate if satisfied-- 6
(a) no reasonable cause of action is disclosed against the respondent; 7
or 8
(b) the proceeding is frivolous, vexatious or an abuse of the process 9
of the tribunal; or 10
(c) the respondent has a defence to the proceeding. 11
127 Claims not disposed of by summary decision 12
The giving of a summary decision under this division that does not 13
dispose of all claims in issue in a proceeding (including a counterclaim) 14
does not prevent the continuation of any part of the proceeding not 15
disposed of by the summary decision. 16
128 Evidence 17
(1) In a proceeding under this division, evidence must be given by 18
affidavit made by the party giving the evidence. 19
(2) Despite subsection (1), on the hearing of an application under this 20
division, the tribunal may, on terms the tribunal considers appropriate, 21
permit further evidence to be given by affidavit or otherwise by or for a 22
party. 23
(3) The affidavit may contain statements of information and belief if the 24
person making it states the sources of the information and the reasons for 25
the belief. 26
(4) A party applying for a summary decision under this division must 27
swear in support of the application that in the party's belief the party 28
against whom the summary decision is sought has no defence to the relief 29
sought in the application. 30
(5) If a party to an application under this division intends to rely on a 31
document, the document must be identified in the affidavit. 32
s 129 67 s 131
Commercial and Consumer Tribunal Bill 2003
(6) A person who makes an affidavit to be read in an application under 1
this division may not be cross-examined without the leave of the tribunal. 2
(7) An affidavit giving evidence in defence of a party's claim must 3
identify the parts of the claim for which the evidence is claimed to be a 4
defence. 5
129 Service 6
Subject to section 128(2),25 a party applying for a summary decision 7
against another party must serve the other party with the application and a 8
copy of each affidavit and any exhibits mentioned in the affidavit at least 9
4 business days before the date for the hearing. 10
130 Examination of parties and witnesses 11
The tribunal may order any of the following to attend the tribunal to be 12
examined on oath or to produce to the tribunal all relevant documents and 13
records-- 14
(a) a party applying for a summary decision; 15
(b) a party defending the application for a summary decision; 16
(c) a person who made an affidavit for a party; 17
(d) a witness for a party; 18
(e) for an incorporated party, an officer of the corporation. 19
131 Stay of enforcement 20
(1) The tribunal may order a stay of the enforcement of a summary 21
decision given under this division for the time and on the terms the tribunal 22
considers appropriate. 23
(2) If a summary decision has been registered in a court under 24
section 93,26 a stay of that decision has no effect until it is filed in the court. 25
25 Section 128 (Evidence)
26 Section 93 (Registration and enforcement of decisions)
s 132 68 s 133
Commercial and Consumer Tribunal Bill 2003
132 Setting aside summary decision 1
The tribunal may set aside or vary a summary decision given against a 2
party who did not appear on the hearing of the application for the decision. 3
Division 6--Pre-hearing conferences 4
133 Pre-hearing conferences 5
(1) The tribunal may require the parties to a proceeding to attend 1 or 6
more pre-hearing conferences before the tribunal before the proceeding is 7
heard by the tribunal. 8
(2) At a pre-hearing conference the tribunal may do any of the 9
following-- 10
(a) identify and clarify the issues in dispute in the proceeding; 11
(b) promote a settlement of the proceeding; 12
(c) identify the questions of fact and law to be decided by the 13
tribunal; 14
(d) if the proceeding is not settled, give directions about the conduct 15
of the proceeding; 16
(e) make the orders and give the directions the tribunal considers 17
appropriate to manage the proceeding or resolve the dispute the 18
subject of the proceeding. 19
20
Examples for subsection (2)(e)--
21
The tribunal may order a party to pay an amount into the tribunal's trust
22
account pending settlement of, or a decision in relation to, the dispute.
(3) Written notice of a pre-hearing conference must be given to each 23
party by the director. 24
(4) Unless the tribunal otherwise directs, a pre-hearing conference must 25
be held in private. 26
(5) The procedure for a pre-hearing conference is at the discretion of the 27
tribunal. 28
s 134 69 s 136
Commercial and Consumer Tribunal Bill 2003
134 Who is required to attend pre-hearing conferences 1
The tribunal may require a party to attend a pre-hearing conference 2
personally or by a representative who has authority to settle the proceeding 3
on behalf of the party. 4
135 Evidence from pre-hearing conferences inadmissible 5
Evidence of anything said or done in the course of a pre-hearing 6
conference is inadmissible in any hearing before the tribunal in the 7
proceeding, except-- 8
(a) if all parties agree to the admission of the evidence; or 9
(b) evidence of directions given at a pre-hearing conference or the 10
reasons for the directions; or 11
(c) evidence of anything said or done relevant to-- 12
(i) a proceeding for an offence in relation to the giving of false 13
or misleading information; or 14
(ii) a proceeding under section 86;27 or 15
(iii) a proceeding relating to an order made under 16
section 137(b)(i).28 17
136 When member may hear proceeding after presiding at a 18
pre-hearing conference 19
(1) A member who presides at a pre-hearing conference for a proceeding 20
that attempts to promote a settlement of the proceeding-- 21
(a) may disqualify himself or herself from constituting the tribunal 22
that hears the proceeding; and 23
(b) must not constitute the tribunal that hears the proceeding if a 24
party to the proceeding objects to the member hearing the 25
proceeding. 26
(2) At the end of a pre-hearing conference that attempts to promote a 27
settlement of the proceeding the presiding member must advise the parties 28
of their rights under subsection (1)(b). 29
27 Section 86 (Contempt of tribunal)
28 Section 137 (Failure of a party to attend a pre-hearing conference)
s 137 70 s 139
Commercial and Consumer Tribunal Bill 2003
(3) An objection under subsection (1)(b) must be made within 2 business 1
days of receiving the advice mentioned in subsection (2) or before the start 2
of the hearing of the proceeding, whichever is the shorter period. 3
137 Failure of a party to attend a pre-hearing conference 4
If a party does not attend a pre-hearing conference-- 5
(a) the conference may proceed at the appointed time in the party's 6
absence; and 7
(b) if all the parties present agree, the tribunal may-- 8
(i) decide the proceeding adversely to the absent party and 9
make appropriate orders; or 10
(ii) direct that the absent party be struck out of the proceeding. 11
Division 7--Settlement Offers 12
138 Making settlement offers 13
(1) A party to a proceeding may offer to settle the proceeding in so far as 14
it relates to another party. 15
(2) The offer must be made by signed writing served on the party to 16
whom the offer relates. 17
(3) A party may make more than one offer. 18
(4) If an offer provides for the payment of an amount by a party to 19
another entity, the offer must state when the amount is to be paid and to 20
whom. 21
(5) Payment under subsection (4) may be into the tribunal's trust 22
account29 to be disbursed in accordance with the terms of the settlement. 23
139 Effect of offer 24
(1) An offer to settle under this division is taken to be an offer made 25
without prejudice. 26
29 See section 144 (Trust account).
s 140 71 s 142
Commercial and Consumer Tribunal Bill 2003
(2) The tribunal must not be told of the offer until after it has made its 1
decision on the matters in dispute. 2
140 Accepting settlement offers 3
(1) An offer to settle must remain open until immediately before the 4
tribunal delivers its decision, or until the expiry of a period stated in the 5
offer, whichever is the shorter period. 6
(2) If a period is stated, that period must be at least 14 days from the date 7
of service of the offer. 8
(3) A party can only accept an offer by serving the party who made the 9
offer with a signed notice of acceptance of the offer. 10
(4) A party may accept an offer even though it has made a counter offer. 11
141 Consequences if accepted offer is not complied with 12
(1) This section applies if an offer is accepted, but the party who made 13
the offer does not comply with its terms. 14
(2) The tribunal, at the request of a party who accepted the offer, may-- 15
(a) make an order giving effect to the terms of the offer; or 16
(b) if the party making the offer was the applicant-- 17
(i) dismiss the proceeding; or 18
(ii) if a party who accepted the offer made a counterclaim 19
before the offer was made, make an order awarding the 20
party any or all of the things asked for in the counterclaim; 21
or 22
(c) if a party who accepted the offer is the applicant, make an order 23
awarding the applicant any or all of the things asked for in the 24
application. 25
142 Tribunal must order party to pay costs if certain offers to settle 26
rejected 27
(1) This section applies if-- 28
(a) a party to a proceeding serves another party to the proceeding 29
with a written offer to settle the matters in dispute between the 30
parties; and 31
s 143 72 s 144
Commercial and Consumer Tribunal Bill 2003
(b) the other party does not accept the offer within the time the offer 1
is open; and 2
(c) the offer complies with this division; and 3
(d) in the opinion of the tribunal, the decision of the tribunal on the 4
matters in dispute is not more favourable to the other party than 5
the offer. 6
(2) The tribunal must award the party who made the offer all reasonable 7
costs incurred by that party in conducting the proceeding after the offer 8
was made. 9
(3) If a proceeding involves more than 2 parties, this section applies only 10
if the acceptance of the offer would have resulted in the settlement of the 11
matters in dispute between all the parties. 12
(4) In deciding whether a decision is or is not more favourable to a party 13
than an offer, the tribunal must-- 14
(a) take into account any costs it would have awarded on the date the 15
offer was served; and 16
(b) disregard any interest or costs it awarded relating to any period 17
after the date the offer was served. 18
PART 8--MISCELLANEOUS 19
143 Finance and staffing of tribunal 20
(1) The tribunal is part of the department for the purposes of the 21
Financial Administration and Audit Act 1977. 22
(2) The chief executive may enter into an agreement with a State agency 23
to recover from the agency the costs of a proceeding referred to the tribunal 24
under the empowering Act. 25
144 Trust account 26
(1) The tribunal must maintain a trust account to receive and hold 27
amounts ordered by the tribunal to paid to the trust account for a 28
proceeding. 29
s 145 73 s 148
Commercial and Consumer Tribunal Bill 2003
(2) The tribunal must pay amounts from the trust account as ordered by 1
the tribunal. 2
(3) Interest on the trust account is to be applied to the cost of keeping the 3
account. 4
145 Annual report on operation of tribunal 5
(1) As soon as practicable after each financial year, but not later than 6
30 September, the chairperson must give the Minister a report containing-- 7
(a) a review of the operation of the tribunal during the preceding 8
financial year; and 9
(b) proposals for improving the operation of, and forecasts of the 10
workload of, the tribunal in the present financial year. 11
(2) The Minister must table a copy of the report in the Legislative 12
Assembly within 14 sitting days after receiving the report. 13
(3) The department's annual report for a financial year must include a 14
report on the operation of the tribunal and registry during the financial year. 15
146 Proceedings for offences 16
A prosecution for an offence against this Act is by way of a summary 17
proceeding under the Justices Act 1886. 18
147 Limitation on time for starting summary proceeding 19
A proceeding for an offence against this Act must start-- 20
(a) within 1 year after the commission of the offence; or 21
(b) within 6 months after the offence comes to the complainant's 22
knowledge, but within 3 years after the commission of the 23
offence. 24
148 Penalties to be paid to State agency 25
All penalties recovered as a result of proceedings for offences against 26
this Act brought by a State agency must be ordered to be paid to the State 27
agency. 28
s 149 74 s 150
Commercial and Consumer Tribunal Bill 2003
149 Contracting out prohibited 1
(1) A contract or agreement is void to the extent to which it-- 2
(a) is contrary to this Act; or 3
(b) purports to annul, exclude, restrict or otherwise change the effect 4
of a provision of this Act. 5
(2) Subsection (1) does not apply to an agreement that a dispute be 6
referred to arbitration if the agreement is entered into after the dispute 7
arises. 8
(3) Nothing in this section prevents the parties to a contract or agreement 9
from including provisions in the contract or agreement that impose greater 10
or more onerous obligations on an entity than are imposed under this Act. 11
(4) This section applies to contracts or agreements entered into before or 12
after the commencement of this Act. 13
150 Executive officers must ensure corporation complies with Act 14
(1) The executive officers of a corporation must ensure the corporation 15
complies with this Act. 16
(2) If a corporation commits an offence against a provision of this Act, 17
each of the corporation's executive officers also commits an offence, 18
namely, the offence of failing to ensure that the corporation complies with 19
the provision. 20
Maximum penalty--the penalty for the contravention of the provision by 21
an individual. 22
(3) Evidence that the corporation has been convicted of an offence 23
against a provision of this Act is evidence that each of the executive 24
officers committed the offence of failing to ensure that the corporation 25
complies with the provision. 26
(4) However, it is a defence for an executive officer to prove-- 27
(a) if the officer was in a position to influence the conduct of the 28
corporation in relation to the offence--the officer exercised 29
reasonable diligence to ensure the corporation complied with the 30
provision; or 31
(b) the officer was not in a position to influence the conduct of the 32
corporation in relation to the offence. 33
s 151 75 s 155
Commercial and Consumer Tribunal Bill 2003
151 Proof of signature unnecessary 1
A signature purporting to be the signature of the director, a presiding 2
case manager or a member of the tribunal is evidence of the signature it 3
purports to be. 4
152 Evidentiary aids 5
(1) A certificate signed by the director certifying anything about the 6
contents of the register is evidence of the thing stated. 7
(2) A certificate signed by the director stating that a stated document is a 8
record or document, a copy of a record or document, or an extract from a 9
record or document, kept under this Act is evidence of the matter. 10
153 Protection from liability 11
(1) An official does not incur civil liability for an act done, or omission 12
made, honestly and without negligence under this Act. 13
(2) If subsection (1) prevents a civil liability attaching to an official, the 14
liability attaches instead to the State. 15
(3) In this section-- 16
"official" means-- 17
(a) a member of the staff of the registry; or 18
(b) a person authorised under section 8330 by the tribunal. 19
154 Forms 20
The chairperson may approve forms for use under this Act. 21
155 Regulation-making power 22
(1) The Governor in Council may make regulations under this Act. 23
(2) Without limiting subsection (1), a regulation may-- 24
(a) set fees payable under this Act; and 25
30 Section 83 (Entry and inspection of property)
s 156 76 s 158
Commercial and Consumer Tribunal Bill 2003
(b) impose a penalty of not more than 40 penalty units for a 1
contravention of a provision of a regulation; and 2
(c) provide for the appraisal of the performance of members of the 3
tribunal; and 4
(d) prescribe an application or matter to be a case manager's matter. 5
PART 9--TRANSITIONAL PROVISIONS 6
156 Definitions for pt 9 7
In this part-- 8
"former member" means a member of a former tribunal. 9
"former tribunal" see section 157. 31
10
"old Act" means the Queensland Building Tribunal Act 2000 as in force 11
from time to time before the commencement of this section. 12
157 Abolition of former tribunals 13
Each of the following ("former tribunal") is abolished-- 14
(a) the Queensland Building Tribunal under the old Act; 15
(b) the Property Agents and Motor Dealers Tribunal under the 16
Property Agents and Motor Dealers Act 2000; 17
(c) the Retirement Villages Tribunal under the Retirement Villages 18
Act 1999; 19
(d) the Liquor Appeals Tribunal under the Liquor Act 1992. 20
158 Proceedings and mediations started before commencement 21
(1) A proceeding that was started in a former tribunal, but not finished 22
before the commencement of this section, must continue under this Act. 23
31 Section 157 (Abolition of former tribunals)
s 159 77 s 161
Commercial and Consumer Tribunal Bill 2003
(2) A former member who was hearing the proceeding may finish 1
hearing the proceeding, and for only that purpose constitutes the tribunal. 2
(3) While the former member finishes hearing the proceeding, the 3
former member is entitled to the remuneration decided by the Governor in 4
Council. 5
(4) A mediation that was started under the old Act or an empowering 6
Act, but not finished before the commencement of this section, must 7
continue under this Act. 8
(5) A mediator who was conducting the mediation may finish 9
conducting the mediation. 10
(6) While the mediator finishes conducting the mediation, the mediator 11
is entitled to the remuneration to which the mediator was entitled under the 12
empowering Act. 13
(7) In this section-- 14
"proceeding" does not include a mediation or pre-hearing conference. 15
159 Proceedings about matters arising before commencement to be 16
dealt with under this Act 17
(1) A proceeding for a matter that arose before the commencement of 18
this section for which the tribunal has jurisdiction after the commencement 19
may be started in the tribunal after the commencement. 20
(2) Subsection (1) applies whether or not a former tribunal had 21
jurisdiction before the commencement. 22
160 Orders and directions 23
(1) An order, direction or other decision of a former tribunal is a decision 24
of the tribunal under this Act. 25
(2) In this section-- 26
"decision of a former tribunal" includes a decision of a former member. 27
161 Records of old tribunal 28
All records of a former tribunal are records of the tribunal under this Act. 29
s 162 78 s 165
Commercial and Consumer Tribunal Bill 2003
162 Chairperson 1
The person who, immediately before the commencement of this section, 2
held an appointment as the chairperson under the old Act continues to hold 3
the appointment, subject to this Act, until 30 June 2005. 4
163 Presiding case manager 5
The person who, immediately before the commencement of this section, 6
held an appointment as the presiding case manager under the old Act 7
continues to hold the appointment, subject to this Act. 8
164 Full-time members 9
(1) A person who, immediately before the commencement of this 10
section, held an appointment as a full-time member of the tribunal under 11
the old Act continues to hold the appointment, subject to this Act and on 12
the conditions decided by the Governor in Council, until 30 June 2005. 13
(2) A person is not entitled to compensation if, because of subsection (1), 14
the person's term of appointment under the old Act is shortened. 15
165 Former members 16
(1) A person who, immediately before the commencement of this 17
section, held an appointment as deputy chairperson under the old Act goes 18
out of office on the commencement. 19
(2) The person who, immediately before the commencement of this 20
section, held an appointment as the chairperson of the Liquor Appeals 21
Tribunal under the Liquor Act 1992 goes out of office on the 22
commencement. 23
(3) The person who, immediately before the commencement of this 24
section, held an appointment as the deputy chairperson of the Liquor 25
Appeals Tribunal under the Liquor Act 1992 goes out of office on the 26
commencement. 27
(4) The person who, immediately before the commencement of this 28
section, held an appointment as the chairperson of the Property Agents and 29
Motor Dealers Tribunal under the Property Agents and Motor Dealers 30
Act 2000 no longer holds the appointment. 31
s 166 79 s 169
Commercial and Consumer Tribunal Bill 2003
(5) The person who, immediately before the commencement of this 1
section, held an appointment as the chairperson of the Retirement Villages 2
Tribunal under the Retirement Villages Act 1999 no longer holds the 3
appointment. 4
(6) Compensation is not recoverable by a former member whose 5
appointment ends because of the dissolution of a former tribunal. 6
166 Director 7
The person who, immediately before the commencement of this section, 8
held an appointment as the director under the old Act continues to hold the 9
appointment, subject to this Act. 10
167 Staff of registry 11
A person who, immediately before the commencement of this section, 12
held an appointment as a member of the staff of the central tribunals 13
registry under the old Act continues as a member of the staff of the registry, 14
subject to this Act. 15
PART 10--REPEAL AND CONSEQUENTIAL 16
AMENDMENTS 17
168 Repeal 18
The Queensland Building Tribunal Act 2000 (2000 Act No. 10) is 19
repealed. 20
169 Consequential amendments 21
Schedule 1 amends the Acts it mentions. 22
80
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 1
CONSEQUENTIAL AMENDMENTS 2
section 169 3
ARCHITECTS ACT 2002 4
1 Section 120-- 5
omit. 6
2 Section 121(3)-- 7
omit. 8
3 Section 122-- 9
omit. 10
4 Section 123(2) and (3)-- 11
omit. 12
5 Section 124-- 13
omit. 14
6 Section 127-- 15
omit. 16
7 Schedule 2, definition "tribunal", `Queensland Building 17
Tribunal'-- 18
81
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
omit, insert-- 1
`Commercial and Consumer Tribunal'. 2
8 Schedule 2, definition "Tribunal Act", `Queensland Building 3
Tribunal Act 2000'-- 4
omit, insert-- 5
`Commercial and Consumer Tribunal Act 2003.'. 6
DOMESTIC BUILDING CONTRACTS ACT 2000 7
1 Schedule 2, definition "tribunal"-- 8
omit, insert-- 9
` "tribunal" means the tribunal under the Commercial and Consumer 10
Tribunal Act 2003.'. 11
JUDICIAL REVIEW ACT 1991 12
1 Schedule 1, part 1, item 6-- 13
omit, insert-- 14
`6. Queensland Building Services Authority Act 1991, section 9732'. 15
LIQUOR ACT 1992 16
1 Section 3(b), `a Liquor Appeals Tribunal with jurisdiction'-- 17
omit, insert-- 18
`the jurisdiction of the tribunal'. 19
32 Queensland Building Services Authority Act 1991, section 97 (Judicial Review
excluded for minor domestic building disputes)
82
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
2 Section 4, definitions "deputy chairperson", "registrar" and 1
"Tribunal"-- 2
omit. 3
3 Section 4-- 4
insert-- 5
` "registrar" of the tribunal means the director of the tribunal. 6
"tribunal" means the Commercial and Consumer Tribunal under the 7
tribunal Act. 8
"tribunal Act" means the Commercial and Consumer Tribunal Act 2003.'. 9
4 Part 2, heading-- 10
omit, insert-- 11
`PART 2--JURISDICTION OF TRIBUNAL'. 12
5 Part 2, division 1 and 1A-- 13
omit. 14
6 Part 2, division 2, heading-- 15
omit, insert-- 16
`Division 1--Jurisdiction of the tribunal'. 17
7 Section 21(1), from `Tribunal has jurisdiction' to `to it against'-- 18
omit, insert-- 19
`tribunal may review the'. 20
8 Section 21(1), from `and to hear and' to `hear and determine.'-- 21
omit. 22
83
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
9 Sections 22 to 29-- 1
omit. 2
10 Part 2, division 3-- 3
renumber as division 2. 4
11 Section 31(1)-- 5
omit, insert-- 6
`(1) A person entitled to appeal against a decision of the chief executive 7
under section 30 may appeal to the tribunal.'. 8
12 Section 31(2) to (4)-- 9
omit. 10
13 Section 34(4)(c), after `lawyer'-- 11
insert-- 12
`or other person'. 13
14 Section 34(4) to (6)-- 14
omit. 15
15 Section 35 to 37-- 16
omit, insert-- 17
`37 Compliance with orders 18
`Every order made by the Tribunal, in exercise of its jurisdiction or of a 19
power had by the Tribunal for the purpose of exercising its jurisdiction 20
must be complied with by the appellant, the chief executive and all other 21
persons affected by the order. 22
Maximum penalty--350 penalty units.'. 23
84
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
16 Section 38 to 41A-- 1
omit, insert-- 2
`38 Application of the tribunal Act 3
`To the extent that this part does not provide for an appeal to the tribunal, 4
the Commercial and Consumer Tribunal Act 2003 applies.'. 5
17 Section 43(5)-- 6
omit, insert-- 7
`(5) In this section-- 8
"sensitive information" about a person means information about-- 9
(a) the person's reputation; or 10
(b) the person's history of behaviour or attitude in relation to the 11
management and discharge of the person's financial obligations.'. 12
18 Section 117(3)(a), `and'-- 13
omit, insert-- 14
`or'. 15
19 Section 117(3)(b), after `application'-- 16
insert-- 17
`, or within a longer time stated by the chief executive in the advice'. 18
PEST MANAGEMENT ACT 2001 19
1 Section 14(1)(d)(ii)-- 20
omit, insert-- 21
85
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
`(ii) the repealed Queensland Building Tribunal Act 2000, part 5, 1
division 3;33or 2
(iii) the Commercial and Consumer Tribunal Act 2003, part 6, 3
division 2;34'. 4
PLUMBING AND DRAINAGE ACT 2002 5
1 Section 55(2)(b), `Queensland Building Tribunal'-- 6
omit, insert-- 7
`Commercial and Consumer Tribunal'. 8
2 Sections 129(2) and 130, `Queensland Building Tribunal 9
Act 2000'-- 10
omit, insert-- 11
`Commercial and Consumer Tribunal Act 2003.'. 12
3 Section 131(1) and heading, `Queensland Building Tribunal'-- 13
omit, insert-- 14
`Commercial and Consumer Tribunal'. 15
4 Section 161(2), definition "building tribunal"-- 16
omit. 17
5 Section 161(2), definition "former building certifier", 18
paragraph (b)(ii), `building'-- 19
omit. 20
33 Repealed Queensland Building Tribunal Act 2000, part 5 (Particular jurisdiction of
the tribunal), division 3 (Disciplinary proceedings)
34 Commercial and Consumer Tribunal Act 2003, part 6 (Proceedings before tribunal),
division 2 (Disciplinary proceedings)
86
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
6 Section 161(2), definition "professional misconduct", 1
paragraph (c), `building'-- 2
omit. 3
7 Section 161(2)-- 4
insert-- 5
` "tribunal" means the Commercial and Consumer Tribunal under the 6
Tribunal Act.'. 7
8 Section 161(2), definition "Tribunal Act", `Queensland Building 8
Tribunal Act 2000'-- 9
omit, insert-- 10
`Commercial and Consumer Tribunal Act 2003'. 11
9 Section 173, inserted section 30B(2)(d), `building'-- 12
omit. 13
10 Section 187, inserted section 40(6) and (7)(b), `building 14
tribunal'-- 15
omit, insert-- 16
`tribunal'. 17
11 Section 187, inserted section 41(2), `building tribunal'-- 18
omit, insert-- 19
`tribunal'. 20
12 Section 188, inserted section 41A(1), `building tribunal'-- 21
omit, insert-- 22
`tribunal'. 23
87
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
13 Section 188, inserted section 41B(2)(b), `building tribunal'-- 1
omit, insert-- 2
`tribunal'. 3
14 Section 188, inserted section 42, heading, `Building tribunal'-- 4
omit, insert-- 5
`Tribunal'. 6
15 Section 188, inserted section 42(1), `building tribunal'-- 7
omit, insert-- 8
`tribunal'. 9
16 Section 188, inserted section 43, `section 108'-- 10
omit, insert-- 11
`section 10535'. 12
17 Section 188, inserted section 44(3), `building'-- 13
omit. 14
18 Section 188, inserted section 45(1) to (9), `building tribunal'-- 15
omit, insert-- 16
`tribunal'. 17
19 Section 188, inserted section 45(9), `section 45 of the Tribunal 18
Act'-- 19
35 Tribunal Act, section 105 (Tribunal may conduct disciplinary proceeding)
88
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
omit, insert-- 1
`section 5336 of the Tribunal Act'. 2
20 Section 188, inserted section 45A(10), `section 45 of the Tribunal 3
Act'-- 4
omit, insert-- 5
`section 5337 of the Tribunal Act'. 6
21 Section 188, inserted section 45A(1), (3) to (10), `building 7
tribunal'-- 8
omit, insert-- 9
`tribunal'. 10
22 Section 188, inserted section 45B, heading, `building'-- 11
omit. 12
23 Section 188, inserted section 45B, `building tribunal'-- 13
omit, insert-- 14
`tribunal'. 15
24 Section 188, inserted section 45C(b), `building'-- 16
omit. 17
25 Section 191, inserted section 62(1) and (2), `building tribunal'-- 18
omit, insert-- 19
`tribunal'. 20
36 Tribunal Act, section 53 (Inclusion of parties)
37 Tribunal Act, section 53 (Inclusion of parties)
89
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
26 Section 191, inserted section 63(2), `building'-- 1
omit. 2
27 Section 191, inserted section 65(1) to (3), `building tribunal'-- 3
omit, insert-- 4
`tribunal'. 5
28 Schedule, definition "review period", `Queensland Building 6
Tribunal'-- 7
omit, insert-- 8
`Commercial and Consumer Tribunal'. 9
PROFESSIONAL ENGINEERS ACT 2002 10
1 Section 121-- 11
omit. 12
2 Section 122(3)-- 13
omit. 14
3 Section 123-- 15
omit. 16
4 Section 124(2) and (3)-- 17
omit. 18
5 Section 125-- 19
omit. 20
90
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
6 Schedule 2, definition "tribunal", `Queensland Building 1
Tribunal'-- 2
omit, insert-- 3
`Commercial and Consumer Tribunal'. 4
7 Schedule 2, definition "Tribunal Act", `Queensland Building 5
Tribunal Act 2000'-- 6
omit, insert-- 7
`Commercial and Consumer Tribunal Act 2003.'. 8
PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 9
1 Chapter 13, heading-- 10
omit, insert-- 11
`CHAPTER 13--JURISDICTION OF TRIBUNAL'. 12
2 Chapter 13, part 1, heading-- 13
omit. 14
3 Chapter 13, part 2, heading-- 15
omit. 16
4 Chapter 13, part 2, division 1-- 17
omit. 18
5 Chapter 13, part 2, division 2, heading-- 19
omit. 20
91
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
6 Section 450, `The'-- 1
omit, insert-- 2
`For this Act, the'. 3
7 Section 451-- 4
omit. 5
8 Chapter 13, parts 3 to 5-- 6
omit. 7
9 Section 472(5)-- 8
omit. 9
10 Section 477, note-- 10
omit. 11
11 Section 483(2) and (3)-- 12
omit. 13
12 Section 484, `483(1)'-- 14
omit, insert-- 15
`483'. 16
13 Sections 486 and 487-- 17
omit. 18
14 Sections 497 to 500-- 19
omit, insert-- 20
92
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
`497 Starting disciplinary proceedings 1
`The chief executive may apply to the tribunal to conduct a proceeding to 2
decide whether grounds exist under section 496 for taking disciplinary 3
action against a licensee or registered employee.'. 4
15 Section 500B(1), from `A marketeer' to `chief executive'-- 5
omit, insert-- 6
`The chief executive may apply to the tribunal to conduct a marketeer 7
proceeding by'. 8
16 Section 500E-- 9
omit. 10
17 Sections 502 to 504-- 11
omit. 12
18 Chapter 14, part 5, divisions 1 to 5-- 13
omit, insert-- 14
`Division 1--Extending time 15
`511 Tribunal may extend time 16
`(1) The tribunal may extend the time within which to file the claim or 17
seek review of a decision of the chief executive if the tribunal is satisfied-- 18
(a) the application is made-- 19
(i) for a claim--within the time mentioned in the notice given 20
under section 473(5)(b);38 or 21
38 Section 473 (General provision for how to make a claim)
93
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(ii) for a review of a decision of the chief executive--within 1
42 days after the person receives notice of the decision to be 2
reviewed; and 3
(b) it is appropriate to extend time having regard to-- 4
(i) the reasons for not making the claim or seeking the review 5
within the time allowed; and 6
(ii) the application generally; and 7
(iii) for a claim, the relative hardship that an extension of time or 8
a refusal to extend time would place on the claimant or 9
respondent; and 10
(iv) the justice of the matter generally. 11
`(2) No appeal lies against the tribunal's decision under this section.'. 12
19 Section 528B and 528BA-- 13
omit. 14
20 Section 531-- 15
omit. 16
21 Sections 533 to 535-- 17
omit. 18
22 Chapter 14, part 5, divisions 11 to 13-- 19
omit. 20
23 Schedule 2, definition "presiding case manager", `Queensland 21
Building Tribunal Act 2000'-- 22
omit, insert-- 23
`Commercial and Consumer Tribunal Act 2003'. 24
94
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
24 Schedule 2, definition "Property Agents and Motor Dealers 1
Tribunal"-- 2
omit. 3
25 Schedule 2, definition "registrar", after `director'-- 4
omit, insert-- 5
`under the Commercial and Consumer Tribunal Act 2003.'. 6
26 Schedule 2, definition "tribunal"-- 7
omit, insert-- 8
` "tribunal" means the tribunal under the Commercial and Consumer 9
Tribunal Act 2003.'. 10
QUEENSLAND BUILDING SERVICES AUTHORITY 11
ACT 1991 12
1 Section 39(3)(b), `section 111 of the Tribunal Act'-- 13
omit, insert-- 14
`section 10739 of the Tribunal Act'. 15
2 Section 39(3)(c), `section 101 of the Tribunal Act'-- 16
omit, insert-- 17
`section 8440'. 18
3 After section 49A-- 19
insert-- 20
39 Tribunal Act, section 107 (Orders for disciplinary action)
40 Section 84 (Tribunal to decide about rectification or completion work)
95
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
`49B `Suspension or cancellation for failure to comply with tribunal's 1
orders and directions (s 86 QBTA) 2
`(1) The tribunal may, in a proceeding to which a licensee is a party, 3
order that the licensee's licence be suspended or cancelled if the licensee 4
fails to comply with an order or direction of the tribunal within the time 5
allowed by the tribunal. 6
`(2) Before ordering that a licence be suspended or cancelled, the 7
tribunal must give the licensee a reasonable opportunity to show cause why 8
it should not be cancelled or suspended. 9
`(3) Subsection (2) does not apply to an order or direction made in a 10
disciplinary proceeding under part 7, division 4.41 11
`(4) An order under this section operates, of its own force, to suspend or 12
cancel the licence if the licensee fails to comply with the tribunal's order or 13
direction within the time allowed by the tribunal.'. 14
4 Section 56AD(6), `the Tribunal Act, section 104(1)(j)'-- 15
omit, insert-- 16
`section 86(1)(j)42'. 17
5 Section 61(a), `the Tribunal Act, section 104(1)(j)'-- 18
omit, insert-- 19
`section 86(1)(j)43'. 20
6 Section 61(b), `the Tribunal Act, section 104(1)(k)'-- 21
omit, insert-- 22
`section 86(1)(k)44'. 23
41 Part 7 (Jurisdiction of the tribunal), division 4 (Disciplinary proceedings)
42 Section 86 (Reviewable decisions)
43 Section 86 (Reviewable decisions)
44 Section 86 (Reviewable decisions)
96
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
7 Section 67AP, heading-- 1
omit, insert-- 2
`Relationship of this part with pt 7, div 4'. 3
8 Section 67AP(1)-- 4
omit, insert-- 5
`(1) Subsection (2) applies if the authority has applied under section 88 45
6
for disciplinary action relating to defective building work on a ground 7
mentioned in section 89(i) or 90(d)46 and the tribunal has decided the 8
proceeding.'. 9
9 Section 67AP(5), `the Tribunal Act, section 108'-- 10
omit, insert-- 11
`section 8847'. 12
10 Section 67AP(6)(a), `the Tribunal Act, section 104(1)(n)'-- 13
omit, insert-- 14
`section 86(1)(n)48'. 15
11 Section 67AP(8)-- 16
omit, insert-- 17
`(8) For subsection (7), the authority is taken to have applied under 18
section 88 and the tribunal must consider whether proper grounds exist 19
under 89(i) or 90(d).49'. 20
45 Section 88 (Tribunal has jurisdiction to conduct disciplinary proceeding)
46 Section 89 (Proper grounds for disciplinary action against a licensee) or 90 (Proper
grounds for disciplinary action against person not a licensee)
47 Section 88 (Tribunal has jurisdiction to conduct disciplinary proceeding
48 Section 86 (Reviewable decisions)
49 Section 89 (Proper grounds for disciplinary action against a licensee) or 90 (Proper
grounds for disciplinary action against person not a licensee)
97
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
12 After part 6-- 1
insert-- 2
`PART 7--JURISDICTION OF TRIBUNAL 3
`Division 1--Meaning of central terms 4
`75 "Tribunal work" defined (ss 7 & 8 QBTA) 5
`(1) The following is "tribunal work"-- 6
(a) the erection or construction of a building; 7
(b) the renovation, alteration, extension, improvement or repair of a 8
building; 9
(c) the provision of electrical work, water supply, sewerage or 10
drainage or other like services for a building; 11
(d) the demolition, removal or relocation of a building; 12
(e) any site work (including the construction of retaining structures, 13
driveways, landscaping and the construction of a swimming 14
pool) related to tribunal work of a kind mentioned in 15
paragraphs (a) to (d); 16
(f) the preparation of plans, specifications or bills of quantity for the 17
carrying out of tribunal work; 18
(g) the inspection of a completed building; 19
(h) subject to subsection (3), work prescribed under a regulation. 20
`(2) To remove doubt, it is declared that reviewable domestic work is 21
tribunal work. 22
`(3) A person carries out tribunal work whether the person carries it out 23
personally, or directly or indirectly causes it to be carried out. 24
`(4) A person is taken to carry out tribunal work if the person provides 25
advisory services, administration services, management services or 26
supervisory services relating to the tribunal work. 27
98
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
`(5) A person undertakes to carry out tribunal work if the person enters 1
into a contract to carry it out or submits a tender or makes an offer to carry 2
it out. 3
`76 What is not "tribunal work" (s 7 QBTA) 4
`(1) The following is not "tribunal work"-- 5
(a) the construction, extension, repair or replacement of a water 6
reticulation system, sewerage system or storm water drain, 7
outside the boundaries of private property; 8
(b) the building or maintenance of a road as defined under the Land 9
Act 1994; 10
(c) the construction, maintenance or repair of a bridge, other than a 11
bridge on private property; 12
(d) the construction, maintenance or repair of railway tracks, signals 13
or associated structures, unless the structures are buildings for 14
residential purposes, or are storage or service facilities; 15
(e) the construction, maintenance or repair of airport runways, 16
taxiways and aprons; 17
(f) the construction, maintenance or repair of ports or ports 18
infrastructure, unless the structures are buildings for residential 19
purposes, or are storage or service facilities; 20
(g) the construction, maintenance or repair of a dam; 21
(h) the construction, maintenance or repair of communications 22
installations performed for a public company or public body 23
engaged in radio or television broadcasting or in some other form 24
of communications business or undertaking; 25
(i) the installation of manufacturing equipment or equipment for 26
hoisting, conveying or transporting materials or products 27
(including primary produce), other than the installation of fixed 28
structures providing shelter for the equipment; 29
(j) construction work in mining; 30
(k) work consisting of monumental masonry, sculpture, or the 31
erection or construction of statues, fountains or other works of 32
99
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
art, other than work affecting the way in which a building is 1
constructed; 2
(l) tribunal work carried out by the State for the State or for an entity 3
representing the State; 4
(m) tribunal work carried out by a local government for a local 5
government, the State or an entity representing a local 6
government or the State; 7
(n) tribunal work carried out outside Queensland. 8
`(2) For subsection (1)(l), tribunal work is not carried out by the State if 9
the work is carried out for the State by an independent contractor. 10
`(3) For subsection (1)(m), tribunal work is not carried out by a local 11
government if the work is carried out for the local government by an 12
independent contractor. 13
`Division 2--Building disputes 14
`77 Tribunal may decide building dispute (s 93 QBTA) 15
`(1) A person involved in a building dispute may apply to the tribunal to 16
have the tribunal decide the dispute. 17
`(2) Without limiting the tribunal's powers to resolve the dispute, the 18
tribunal may exercise 1 or more of the following powers-- 19
(a) order the payment of an amount found to be owing by 1 party to 20
another; 21
(b) order relief from payment of an amount claimed by 1 party from 22
another; 23
(c) award damages, and interest on the damages at the rate, and 24
calculated in the way, prescribed under a regulation; 25
(d) order restitution; 26
(e) declare any misleading, deceptive or otherwise unjust contractual 27
term to be of no effect, or otherwise vary a contract to avoid 28
injustice; 29
(f) avoid a policy of insurance under the statutory insurance scheme; 30
100
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(g) order rectification or completion of defective or incomplete 1
tribunal work; 2
(h) award costs. 3
`78 When major commercial building dispute may be heard by 4
tribunal (s 94 QBTA) 5
`A major commercial building dispute may be decided by the tribunal 6
only if the tribunal is satisfied all parties to the dispute consent to it doing 7
so. 8
`79 Procedure to decide whether all parties consent (s 95 QBTA) 9
`(1) An application to start a proceeding for a major commercial 10
building dispute must be accompanied by the written consent of all parties 11
to the dispute. 12
`(2) The written consent must include an acknowledgment by the 13
consenting party that the consent can not be withdrawn. 14
`(3) The tribunal may, before another step is taken in the proceeding, 15
conduct a pre-hearing conference to decide whether there is another person 16
who should be joined as a party to the dispute. 17
`(4) If the tribunal decides that there is another person who should be 18
joined as a party to the dispute, the tribunal-- 19
(a) must give the consenting parties an opportunity to obtain the 20
written consent of the other person; and 21
(b) may hear the dispute only if the other person consents. 22
`(5) If the consenting parties obtain the consent of the other person, the 23
tribunal must join the other person as a party to the dispute. 24
`(6) The consent of all parties to the dispute must be obtained before 25
another step is taken in the proceeding. 26
`80 Procedure if another party discovered (s 96 QBTA) 27
`(1) This section applies if the tribunal becomes aware that there is 28
another person who should be joined as a party to a major commercial 29
building dispute (other than at a pre-hearing conference under section 79). 30
101
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
`(2) The tribunal does not have jurisdiction to decide the dispute. 1
`(3) The tribunal must order that the proceeding be removed to a court 2
under section 94(3).50 3
`81 Consent may not be withdrawn (s 97 QBTA) 4
`A party that gives written consent to have a major commercial building 5
dispute heard and decided by the tribunal can not withdraw the consent. 6
`82 Tribunal may make interim order (s 98 QBTA) 7
`(1) Before finally deciding a building dispute, the tribunal may make 8
1 or more of the interim orders mentioned in subsections (2) to (4). 9
`(2) The tribunal may make an order requiring a building contractor to 10
rectify or complete defined tribunal work, or tribunal work to be defined by 11
a process identified in the order, that is the subject of the dispute. 12
`(3) The tribunal may make an order requiring a building owner, in 13
relation to the amount claimed to be owing from the building owner to a 14
building contractor, to do 1 or more of the following-- 15
(a) pay an amount decided by the tribunal into the tribunal's trust 16
account to be held until the tribunal is satisfied that the building 17
contractor has completed the tribunal work; 18
(b) provide security of a type and for an amount decided by the 19
tribunal until the tribunal is satisfied that the building contractor 20
has completed the tribunal work; 21
(c) pay an amount decided by the tribunal to the building contractor. 22
`(4) The tribunal may make an order requiring a person, in relation to the 23
amount claimed to be owing from the person to a subcontractor, to do 1 or 24
more of the following-- 25
(a) pay an amount decided by the tribunal into the tribunal's trust 26
account to be held until the tribunal is satisfied that the 27
subcontractor has completed the tribunal work; 28
50 Section 94 (Transfer of proceedings between tribunal and the courts)
102
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(b) provide security of a type and for an amount decided by the 1
tribunal until the tribunal is satisfied that the subcontractor has 2
completed the tribunal work; 3
(c) pay an amount decided by the tribunal to the subcontractor. 4
`(5) On being satisfied the tribunal work has been completed the tribunal 5
must order-- 6
(a) the amount paid into the tribunal's trust account under 7
subsection (3)(a) or (4)(a) be paid to the building contractor or 8
subcontractor; or 9
(b) the application of the security in satisfaction of the amount 10
decided by the tribunal under subsection (3)(b) or (4)(b) in 11
favour of the building contractor or subcontractor. 12
`(6) However for subsection (5)(b), the tribunal may order that the 13
security be discharged if an amount equal to the amount of the security is 14
paid to the building contractor or subcontractor. 15
`83 Proceeding in tribunal stops action by authority (s 99 QBTA) 16
`(1) If a proceeding about a building dispute is started in or removed 17
from a court to the tribunal-- 18
(a) the tribunal is to have the management of the dispute; and 19
(b) the authority must not act in relation to the dispute except as 20
allowed or required by section 84. 21
`(2) To remove doubt, it is declared that nothing in this section affects a 22
direction that tribunal work be rectified or completed issued by the 23
authority before the proceeding is started or removed. 24
`84 Tribunal to decide about rectification or completion work 25
(s 101 QBTA) 26
`(1) This section applies if-- 27
(a) a proceeding about a building dispute is started in, or removed 28
from a court to, the tribunal; and 29
103
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(b) before the proceeding is started or removed, the authority has 1
acted in relation to the building dispute but has not issued a 2
direction that tribunal work be rectified or completed. 3
`(2) The authority may apply to the tribunal for an order that tribunal 4
work be rectified or completed if the authority considers the tribunal work 5
needs to be urgently rectified or completed. 6
`(3) The application must be heard by the tribunal as an expedited 7
hearing. 8
`(4) Whether or not the authority applies under subsection (2), the 9
authority may also apply to the tribunal for a decision about whether it 10
would have been appropriate for the authority to have issued a direction to 11
rectify or complete tribunal work if section 83 had not stopped the 12
authority from acting further in relation to the dispute. 13
`(5) The tribunal must make a decision under subsection (4) if it hears 14
the proceeding mentioned in subsection (1). 15
`85 Tribunal may hear dispute while contract still in operation 16
(s 102 QBTA) 17
`The tribunal may make an order to resolve a building dispute even 18
though the contract under which the dispute arose has not been terminated 19
or finalised. 20
`Division 3--Proceedings for review 21
`86 Reviewable decisions (s 104 QBTA) 22
`(1) The tribunal may review the following decisions of the authority-- 23
(a) a decision to refuse an application for a licence or a permit; 24
(b) a decision to impose or vary a condition of a licence; 25
(c) a decision to suspend or cancel a licence; 26
(d) a decision that there are reasonable grounds for concern that a 27
licensee does not satisfy the relevant financial requirements for a 28
licence; 29
104
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(e) a decision to direct or not to direct rectification or completion of 1
tribunal work; 2
(f) a decision that tribunal work undertaken at the direction of the 3
authority is or is not of a satisfactory standard; 4
(g) a decision about the scope of works to be undertaken under the 5
statutory insurance scheme to rectify or complete tribunal work; 6
(h) a decision to disallow a claim under the statutory insurance 7
scheme wholly or in part; 8
(i) a decision that a domestic building contract has been validly 9
terminated having the consequence of allowing a claim for 10
non-completion under the statutory insurance scheme; 11
(j) a decision not to categorise an individual as a permitted 12
individual for a relevant event; 13
(k) a decision under section 56AF or 56AG51 that-- 14
(i) a person is an excluded individual or excluded company; or 15
(ii) an individual is still a director or secretary of, or an 16
influential person for, a company; 17
(l) a decision under section 66 or 67 that a person is a convicted 18
company officer; 19
(m) a decision under section 67AA that a company that is a licensee 20
has an individual who is a convicted company officer as a 21
director or secretary of, or an influential person or nominee for, 22
the company; 23
(n) a decision under section 67AH, 67AI, 67AL or 67AM that an 24
individual is a banned individual for a stated term; 25
(o) a decision under section 67AN that a company that is a licensee 26
has an individual who is a banned individual as a director or 27
secretary of, or an influential person or nominee for, the 28
company; 29
(p) a decision under section 67AZF, 67AZG, 67AZJ or 67AZK that 30
an individual is a disqualified individual for a stated term; 31
51 Section 56AF (Procedure if licensee is excluded individual) or 56AG (Procedure if
licensee is excluded company)
105
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(q) a decision under section 67AZL that a company that is a licensee 1
has an individual who is a disqualified individual as a director or 2
secretary of, or an influential person or nominee for, the 3
company. 4
`(2) However, the tribunal may not review the following decisions of the 5
authority-- 6
(a) a decision to recover an amount under section 71; 7
(b) a decision to direct rectification or completion of tribunal work 8
by a building contractor and any finding by the authority in 9
arriving at the decision if-- 10
(i) 28 days have elapsed from the date the direction to rectify or 11
complete was served on the building contractor and the 12
contractor has not, within that time, applied to the tribunal 13
for a review of the decision; and 14
(ii) the authority has-- 15
(A) started a disciplinary proceeding against the building 16
contractor by an application under division 4;52 or 17
(B) served a notice on the building contractor advising a 18
claim under the statutory insurance scheme has been 19
approved in relation to tribunal work stated in the 20
direction; 21
(c) a decision about the scope of works to be undertaken under the 22
statutory insurance scheme to rectify or complete tribunal work if 23
28 days have elapsed since the decision was served on the 24
building contractor and the contractor has not, within that time, 25
applied to the tribunal for a review of the decision. 26
`(3) For subsection (1)(n), if the tribunal, after reviewing the matters 27
mentioned in section 67AH(1)(a) and (b), 67AI(1)(a) and (b), 67AL(1)(a) 28
and (b) or 67AM(1)(a) and (b), is satisfied that an individual is a banned 29
individual, it may not vary the term of ban applying to the individual if it 30
has been correctly calculated under section 67AO. 31
`(4) For subsection (1)(p), if the tribunal, after reviewing the matters 32
mentioned in section 67AZF(1), 67AZG(1), 67AZJ(1)(a) and (b) or 33
52 Division 4 (Disciplinary proceedings)
106
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
67AZK(1)(a) and (b), is satisfied that an individual is a disqualified 1
individual, it may not vary the term of disqualification applying to the 2
individual if it has been correctly calculated under section 67AZM. 3
`87 Application for review (s 105 QBTA) 4
`A person affected by a reviewable decision of the authority may apply 5
to the tribunal for a review of the decision. 6
`Division 4--Disciplinary proceedings 7
`88 Tribunal has jurisdiction to conduct disciplinary proceeding 8
(s 108 QBTA) 9
`The authority may apply to the tribunal to conduct a proceeding to 10
decide whether proper grounds exist for taking disciplinary action against a 11
person under this division. 12
`89 Proper grounds for disciplinary action against a licensee 13
(s 109 QBTA) 14
`For section 88,53 proper grounds exist for taking disciplinary action 15
against a licensee if-- 16
(a) the licensee contravenes a requirement imposed under this Act or 17
the Domestic Building Contracts Act 2000; or 18
(b) the licensee is convicted of an indictable offence; or 19
(c) if a licensee is a corporation--a director or other person who is in 20
a position to control or substantially influence the conduct of the 21
corporation's affairs is not a fit and proper person to exercise that 22
control or influence; or 23
(d) the licensee is carrying on business under the licence in 24
partnership with a person who is not a fit and proper person to 25
have an interest in the business; or 26
(e) the licensee is bankrupt or insolvent; or 27
53 Section 88 (Tribunal has jurisdiction to conduct disciplinary proceeding)
107
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(f) the licensee has committed an offence involving fraud or 1
dishonesty relating to the business carried on under the licence; 2
or 3
(g) the licensee knowingly helps a person to perform tribunal work 4
in contravention of this Act or the Domestic Building Contracts 5
Act 2000; or 6
(h) the licensee contravenes or is taken to have contravened the Fair 7
Trading Act 1989 in relation to tribunal work carried out under 8
the licence; or 9
(i) the licensee is negligent or incompetent in carrying out tribunal 10
work under the licence; or 11
(j) the licensee fails to comply with a direction of the authority to 12
rectify or complete tribunal work; or 13
(k) the licensee contravenes a condition of the licence; or 14
(l) the licensee owes an amount to the authority and fails to comply 15
with a demand by the authority to pay the amount; or 16
(m) the licensee fails to comply with an order of the tribunal. 17
`90 Proper grounds for disciplinary action against person not a 18
licensee (s 110 QBTA) 19
`(1) For section 88,54 proper grounds exist for taking disciplinary action 20
against a person who is not a licensee if the person-- 21
(a) carries out, or undertakes to carry out, tribunal work for which a 22
licence is required without holding a licence of the appropriate 23
class; or 24
(b) has committed an offence involving fraud or dishonesty relating 25
to the performance of tribunal work; or 26
(c) contravenes or is taken to have contravened the Fair Trading 27
Act 1989 in relation to the performance of tribunal work; or 28
(d) is negligent or incompetent in carrying out tribunal work for 29
which a licence is required; or 30
54 Section 88 (Tribunal has jurisdiction to conduct disciplinary proceeding)
108
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(e) fails to comply with a direction of the authority to rectify or 1
complete tribunal work. 2
`(2) In this section-- 3
"undertakes to carry out" tribunal work means enters into a contract to 4
carry out tribunal work or submits a tender or makes an offer to carry 5
out tribunal work, unless the contract, submission or offer is 6
conditional on the person obtaining a licence of the appropriate class. 7
`91 Orders for disciplinary action (s 111 QBTA) 8
`If the tribunal decides that proper grounds exist for taking disciplinary 9
action against a person, the tribunal may, in relation to defective or 10
incomplete tribunal work carried out by the person for a building owner-- 11
(a) make an order that the person rectify or complete the work; or 12
(b) if the person is not appropriately licensed to rectify or complete 13
the work--make an order that the person have the work rectified 14
or completed by another person who is appropriately licensed; or 15
(c) make an order that the person pay the building owner an amount 16
sufficient to rectify or complete the work. 17
`Division 5--Public Examinations 18
`92 Tribunal may conduct public examination (s 112 QBTA) 19
`The tribunal may, on application by the authority, conduct a public 20
examination-- 21
(a) that investigates the conduct or competence of a person who has 22
carried out tribunal work or undertaken to carry out tribunal 23
work; or 24
(b) that investigates whether a person-- 25
(i) meets the financial requirements imposed for the licence 26
held by the person; or 27
(ii) has the qualifications and experience required for the 28
licence held by the person; or 29
109
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(iii) if the person is the nominated supervisor for a corporation 1
that holds a licence has the qualifications and experience 2
required for the licence held by the corporation; or 3
(iv) is a fit and proper person to hold a licence; or 4
(v) if the person exercises control over a corporation that holds 5
a licence--is a fit and proper person to exercise control over 6
the corporation; or 7
(vi) has breached a condition imposed on the person's licence. 8
`Division 6--Decisions about debts arising from statutory insurance 9
scheme 10
`93 Decisions about debts arising from statutory insurance scheme 11
(s 116 QBTA) 12
`(1) The authority may recover a debt under section 71 by application to 13
the tribunal under this section. 14
`(2) The tribunal may exercise 1 or more of the following powers-- 15
(a) order the payment of an amount the tribunal has found to be 16
owing to the authority; 17
(b) order the payment of interest on the amount mentioned in 18
paragraph (a); 19
(c) order the payment of costs; 20
(d) order that amounts mentioned in paragraphs (a), (b) and (c) be 21
paid by instalments or another way directed by the tribunal. 22
`Division 7--Transfer of proceedings 23
`94 Transfer of proceedings between tribunal and the courts 24
(s 117 QBTA) 25
`If proceedings relating to a major commercial building dispute are 26
brought in a court, the court may order that the proceeding be transferred to 27
the tribunal only if all parties to the dispute apply for the order. 28
110
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
`Division 8--Expedited hearings 1
`95 Expedited hearing of domestic building disputes (s 128 QBTA) 2
`(1) The tribunal must decide a minor domestic building dispute at an 3
expedited hearing if the dispute has been to mediation but has not been 4
settled, unless the tribunal considers the dispute is too complex to be 5
properly dealt with at an expedited hearing. 6
7
Example of `too complex to be properly dealt with'--
8
The dispute involves complex legal and contractual issues for which the tribunal is
9
unaware of any authoritative precedent.
`(2) The tribunal may decide a domestic building dispute that is not a 10
minor domestic building dispute at an expedited hearing only if-- 11
(a) all parties to the proceeding apply to the tribunal for the matter to 12
be dealt with at an expedited hearing; and 13
(b) the tribunal considers it appropriate for the dispute to be decided 14
at an expedited hearing. 15
`96 Certain minor commercial building disputes may be expedited 16
(s 129 QBTA) 17
`(1) The tribunal may conduct an expedited hearing for a minor 18
commercial building dispute between a subcontractor and another person 19
if-- 20
(a) neither the claim nor any counterclaim exceeds $10 000; and 21
(b) the dispute relates only to a claim for moneys owing by a person 22
to the subcontractor for tribunal work completed by the 23
subcontractor under a written contract; and 24
(c) the subcontractor files an application for an expedited hearing, a 25
copy of the contract and an affidavit by the subcontractor stating 26
that-- 27
(i) the tribunal work under the contract has been completed by 28
the subcontractor to the standard required under the 29
contract; and 30
111
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(ii) a claim for payment payable under the contract has been 1
given to the other person by the subcontractor; and 2
(iii) the amount claimed by the subcontractor has not been paid 3
by the other person; and 4
(iv) no complaint about the tribunal work under the contract has 5
been made to the subcontractor by the other person. 6
`(2) A hearing under this section may proceed only if the subcontractor 7
has given the other person a copy of the application and all documents filed 8
by the subcontractor at least 5 days before the hearing. 9
`97 Judicial Review excluded for minor domestic building disputes 10
(s 170 QBTA) 11
`(1) The exercise by the tribunal of its powers in relation to a proceeding 12
for a minor domestic building dispute is not subject to the Judicial Review 13
Act 1991. 14
`(2) Subsection (1) does not apply if-- 15
(a) the tribunal had or has no jurisdiction under the Act to hear and 16
decide the proceeding; or 17
(b) a breach of the rules of natural justice happened in relation to a 18
party to the proceeding.'. 19
13 Section 111A(1)(b), `part 5, division 3 of the Tribunal Act'-- 20
omit, insert-- 21
`part 7, division 455'. 22
14 Section 111C(2)(a), `section 111 of the Tribunal Act'-- 23
omit, insert-- 24
`section 9156'. 25
55 Part 7 (Jurisdiction of tribunal), division 4 (Disciplinary proceedings)
56 Section 91 (Orders for disciplinary action)
112
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
15 Schedule 2, definitions "tribunal" and "Tribunal Act"-- 1
omit. 2
16 Schedule 2-- 3
insert-- 4
` "building dispute" means-- 5
(a) a domestic building dispute; or 6
(b) a minor commercial building dispute; or 7
(c) a major commercial building dispute if the parties to the dispute 8
consent to the dispute being heard by the tribunal under 9
section 79.57 10
"building owner" means a person for whom tribunal work is to be, is 11
being or has been carried out, but does not include a building 12
contractor for whom tribunal work is carried out by a subcontractor. 13
"commercial building dispute" means-- 14
(a) a claim or dispute arising between a building owner and a 15
building contractor relating to the performance of reviewable 16
commercial work or a contract for the performance of reviewable 17
commercial work; or 18
(b) a claim or dispute arising between 2 or more building contractors 19
relating to the performance of reviewable commercial work or a 20
contract for the performance of reviewable commercial work; or 21
(c) a claim or dispute in negligence, nuisance or trespass related to 22
the performance of reviewable commercial work other than a 23
claim for personal injuries; or 24
(d) a claim or dispute arising between a building owner or a building 25
contractor and any 1 or more of the following relating to the 26
performance of reviewable commercial work or a contract for the 27
performance of reviewable commercial work-- 28
(i) an architect; 29
57 Section 79 (Procedure to decide whether all parties consent)
113
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(ii) an engineer; 1
(iii) a surveyor; 2
(iv) a quantity surveyor; 3
(v) an electrician or an electrical contractor; 4
(vi) a supplier or manufacturer of materials used in the tribunal 5
work. 6
"contract" means a contract for carrying out tribunal work. 7
"decision" includes an order or direction. 8
"disciplinary proceeding" means a proceeding under section 88.58 9
"domestic building dispute" means-- 10
(a) a claim or dispute arising between a building owner and a 11
building contractor relating to the performance of reviewable 12
domestic work or a contract for the performance of reviewable 13
domestic work; or 14
(b) a claim or dispute arising between 2 or more building contractors 15
relating to the performance of reviewable domestic work or a 16
contract for the performance of reviewable domestic work; or 17
(c) a claim or dispute in negligence, nuisance or trespass related to 18
the performance of reviewable domestic work other than a claim 19
for personal injuries; or 20
(d) a claim or dispute arising between a building owner or a building 21
contractor and any 1 or more of the following relating to the 22
performance of reviewable domestic work or a contract for the 23
performance of reviewable domestic work-- 24
(i) an architect; 25
(ii) an engineer; 26
(iii) a surveyor; 27
(iv) a quantity surveyor; 28
(v) an electrician or an electrical contractor; 29
58 Section 88 (Tribunal has jurisdiction to conduct disciplinary proceeding)
114
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
(vi) a supplier or manufacturer of materials used in the tribunal 1
work. 2
"major commercial building dispute" means a commercial building 3
dispute where either the claim or the counterclaim exceeds $50 000. 4
"minor commercial building dispute" means a commercial building 5
dispute where neither the claim nor the counterclaim exceeds $50 000. 6
"minor domestic building dispute" means a domestic building dispute 7
where neither the claim nor the counterclaim exceeds $10 000. 8
"reviewable commercial work" means tribunal work other than 9
reviewable domestic work. 10
"reviewable domestic work" means domestic building work under the 11
Domestic Building Contracts Act 2000, except that for applying 12
section 8(8) of that Act, the definition "excluded building work" in 13
that Act is taken not to mean anything mentioned in paragraph (b), (c) 14
or (d) of the definition. 15
"subcontractor" means-- 16
(a) a building contractor that carries out tribunal work for another 17
building contractor; or 18
(b) a building contractor that carries out tribunal work for another 19
person under a construction management trade contract under 20
section 67B. 21
"tribunal" means the tribunal under the Commercial and Consumer 22
Tribunal Act 2003. 23
"Tribunal Act" means the Commercial and Consumer Tribunal Act 2003.'. 24
RACING ACT 2002 25
1 Sections 165(2) and 355(2), `Queensland Building Tribunal 26
Act 2000, section 26C'-- 27
115
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
omit, insert-- 1
`Commercial and Consumer Tribunal Act 2003, section 2859'. 2
2 Schedule 3, definition "presiding case manager", `Queensland 3
Building Tribunal Act 2000'-- 4
omit, insert-- 5
`Commercial and Consumer Tribunal Act 2003'. 6
3 Schedule 3, definition "secretary"-- 7
omit, insert-- 8
` "secretary" means the director under the Commercial and Consumer 9
Tribunal Act 2003.'. 10
RESIDENTIAL SERVICES (ACCREDITATION) 11
ACT 2002 12
1 Sections 84, 85(1), 86(1), 87(1), 88, 90(2), 129(5)(a), 155(1)(d), 13
158(4)(c), 160(1), 161(1), 162(1) and 163, `Queensland Building 14
Tribunal'-- 15
omit, insert-- 16
`Commercial and Consumer Tribunal'. 17
2 Section 101(1)(b), `Queensland Building Tribunal Act 2000'-- 18
omit, insert-- 19
`Commercial and Consumer Tribunal Act 2003'. 20
59 Commercial and Consumer Tribunal Act 2003, section 28 (Presiding case manager's
power to deal with particular applications to tribunal)
116
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
3 Section 157-- 1
omit. 2
4 Section 159(1), from `Queensland'-- 3
omit, insert-- 4
`Commercial and Consumer Tribunal.60'. 5
5 Sections 161 to 163-- 6
omit. 7
6 Schedule 2, definition "Queensland Building Tribunal"-- 8
omit, insert-- 9
` "Commercial and Consumer Tribunal" means the tribunal under the 10
Commercial and Consumer Tribunal Act 2003.'. 11
RETIREMENT VILLAGES ACT 1999 12
1 Section 22(b), `a tribunal'-- 13
omit, insert-- 14
`an'. 15
2 Section 59(1)(b) and (2)(b), `a tribunal'-- 16
omit, insert-- 17
`the tribunal'. 18
60 See the Commercial and Consumer Tribunal Act 2003, section 31 (How to start
proceedings).
117
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
3 Section 104(1)(c), `a tribunal'-- 1
omit, insert-- 2
`the tribunal'. 3
4 Section 158(1)(b)(ii), `mediation conference'-- 4
omit, insert-- 5
`conference ("mediation conference")'. 6
5 Section 166(c)-- 7
omit. 8
6 Section 167, `the registrar to refer the dispute to a'-- 9
omit, insert-- 10
`the'. 11
7 Section 167(a), `mediated'-- 12
omit, insert-- 13
`mediation'. 14
8 Section 168-- 15
omit. 16
9 Sections 169(2), 170(2) and 171(2), `registrar for an order by a 17
tribunal'-- 18
omit, insert-- 19
`tribunal for an order'. 20
118
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
10 Section 172-- 1
omit. 2
11 Part 11, division 1-- 3
omit. 4
12 Section 191(2), `Without limiting subsection (1) or sections 192 to 5
194'-- 6
omit, insert-- 7
`For example'. 8
13 Section 191(4)-- 9
omit. 10
14 Sections 195 and 196-- 11
omit. 12
15 Section 198-- 13
omit. 14
16 Part 11, division 3-- 15
omit. 16
17 Part 12, divisions 1 and 1A-- 17
omit. 18
18 Part 12, division 2, heading-- 19
omit. 20
119
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
19 Sections 207 and 208-- 1
omit. 2
20 Section 209, `A'-- 3
omit, insert-- 4
`The'. 5
21 Section 209(a), `a'-- 6
omit, insert-- 7
`the'. 8
22 Section 210(1), `A'-- 9
omit, insert-- 10
`The'. 11
23 Sections 211 and 212-- 12
omit. 13
24 Part 13, division 1-- 14
omit. 15
25 Section 215(2)(b), `a tribunal'-- 16
omit, insert-- 17
`the tribunal'. 18
26 Sections 216 and 218-- 19
omit. 20
120
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 1 (continued)
27 Schedule, definitions "chairperson", "presiding case manager", 1
"registrar", "tribunal" and "tribunal panel"-- 2
omit. 3
28 Schedule-- 4
insert-- 5
` "chairperson" means the chairperson of the tribunal. 6
"mediation conference" see section 158. 7
"presiding case manager" means a presiding case manager under the 8
Commercial and Consumer Tribunal Act 2003. 9
"registrar" means the director under the Commercial and Consumer 10
Tribunal Act 2003. 11
"tribunal" means the tribunal under the Commercial and Consumer 12
Tribunal Act 2003.'. 13
121
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 2 1
DICTIONARY 2
section 5 3
"applicant" see section 31.61 4
"approved form" see section 154.62 5
"attendance notice" means a notice issued by the tribunal that requires a 6
person to attend before the tribunal at a stated time and place. 7
"building" includes any fixed structure. 8
"case manager's matter" means an application or matter prescribed under 9
a regulation under section 15563 to be a case manager's matter. 10
"chairperson" means the chairperson of the tribunal. 11
"decision" includes order and direction. 12
"decision by default", for part 7, division 2, see section 115.64 13
"director" means the director of the registry. 14
"disciplinary proceeding" means a proceeding under section 105.65 15
"empowering Act" means 1 of the following Acts-- 16
· Architects Act 2002 17
· Building Act 1975 18
· Domestic Building Contracts Act 2000 19
· Liquor Act 1992 20
· Pest Management Act 2001 21
· Plumbing and Drainage Act 2002 22
· Professional Engineers Act 2002 23
· Property Agents and Motor Dealers Act 2000 24
61 Section 31 (How to start proceedings)
62 Section 154 (Forms)
63 Section 155 (Regulation-making power)
64 Section 115 (Decision by default for debt)
65 Section 105 (Tribunal may conduct disciplinary proceeding)
122
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 2 (continued)
· Queensland Building Services Authority Act 1991 1
· Residential Services (Accreditation) Act 2002 2
· Retirement Villages Act 1999 3
· Tourism Services Act 2003 4
· Wine Industry Act 1994. 5
"executive officer" of a corporation means a person who is concerned 6
with, or takes part in, the corporation's management, whether or not 7
the person is a director or the person's position is given the name of 8
executive officer. 9
"expedited hearing" means an expedited hearing conducted under part 7, 10
division 4. 11
"file" means file in the tribunal. 12
"licence" means a licence or registration certificate under an empowering 13
Act. 14
"mediator" means a person who holds an appointment under 15
section 117.66 16
"member" means the chairperson or another member of the tribunal. 17
"obstruct" includes attempt to obstruct. 18
"party" means a party to a proceeding before the tribunal, including-- 19
(a) the applicant; and 20
(b) the respondent; and 21
(c) a person included as a party under section 53. 67
22
"presiding case manager" means a person who holds an appointment 23
under section 26.68 24
"presiding member" of the tribunal means-- 25
(a) if the tribunal is constituted by 1 member--that person; or 26
(b) if the tribunal is constituted by more than 1 member-- 27
66 Section 117 (Tribunal may appoint mediator)
67 Section 53 (Inclusion of parties)
68 Section 26 (Presiding case manager)
123
Commercial and Consumer Tribunal Bill 2003
SCHEDULE 2 (continued)
(i) if the chairperson is a constituting member--the 1
chairperson; or 2
(ii) otherwise--the member designated as the presiding 3
member by the chairperson when the tribunal is constituted. 4
"proceeding" means a proceeding-- 5
(a) started by application to the tribunal; or 6
(b) removed to the tribunal by order of a court under section 40.69 7
"public examination" means a public examination by the tribunal under 8
part 6, division 4. 9
"registry" means the Commercial and Consumer Tribunal Registry 10
established under section 20.70 11
"respondent" see section 31.71 12
"reviewable decision" means a decision that is reviewable by the tribunal 13
under section 101.72 14
"State agency" means-- 15
(a) for a proceeding for the review of a decision made under an 16
empowering Act--the entity that made the decision; or 17
(b) for a disciplinary proceeding--the entity that, under an 18
empowering Act, may apply to the tribunal to conduct the 19
disciplinary proceeding. 20
"summary decision", for part 7, division 5, see section 125(1).73 21
"tribunal" means the Commercial and Consumer Tribunal established 22
under section 6.74 23
24
69 Section 40 (Transfer of proceedings between tribunal and the courts)
70 Section 20 (Registry established)
71 Section 31 (How to start proceedings)
72 Section 101 (Tribunal may review certain decisions)
73 Section 125 (Summary decision for applicant)
74 Section 6 (Tribunal established)
© State of Queensland 2003
AMENDMENTS TO BILL
1
Commercial and Consumer Tribunal Bill 2003
COMMERCIAL AND CONSUMER
TRIBUNAL BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 100--
At page 53, after line 2--
insert--
`(1A) The chief executive of the department in which the Property
Agents and Motor Dealers Act 2000 is administered may appeal to the
District Court against a decision of the tribunal relating to that Act only on
the ground of error of law.'.
2 After clause 104--
At page 55, line 4--
omit, insert--
`Division 2--Disciplinary proceedings, stop orders and suspension
orders'.
3 Schedule 2--
At page 123, after line 20--
insert--
`(c) for an order under section 1081 in relation to a contravention or
proposed contravention of an empowering Act--the entity that,
under the empowering Act, may apply to the tribunal to conduct
a disciplinary proceeding, whether or not the contravention or
proposed contravention is a ground for a disciplinary proceeding;
or
(d) for an order under section 1092--the entity that granted the
licence sought to be suspended; or
1 Section 108 (Stop orders)
2 Section 109 (Suspension orders)
2
Commercial and Consumer Tribunal Bill 2003
(e) for a public examination--the entity that, under an empowering
Act, may apply to the tribunal to conduct the public
examination.'.
[Index] [Search] [Download] [Related Items] [Help]