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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Consumer Credit and Trade
Measurement Amendment Bill
2006
Queensland
Consumer Credit and Trade Measurement
Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Consumer Credit Code
3 Code amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 17 (Alteration of contract document) . . . . . . . . . 4
5 Amendment of s 146D (Expiry of part). . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 162 (Legibility and language) . . . . . . . . . . . . . . 5
7 Amendment of s 163 (Copies of contracts and other documents) 6
8 Insertion of new s 164A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
164A Electronic transactions and documents . . . . . . . . . . . 6
9 Amendment of s 171 (Giving notice or other document) . . . . . . . 7
10 Amendment of s 172 (Manner of giving notice or other
document) .................................... 7
11 Amendment of s 173 (Date of notice or other document) . . . . . . 10
12 Insertion of new s 173A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
173A Attribution of electronic communications . . . . . . . . . . 11
13 Amendment of sch 2 (Miscellaneous provisions relating to
interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 3 Amendment of Trade Measurement Act 1990
14 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Amendment of s 7 (Measuring instruments used for trade must
be marked) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Amendment of s 7A (Use of class 4 measuring instruments) . . . 13
18 Amendment of s 7B (Use of measuring instruments for
pre-packed articles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Consumer Credit and Trade Measurement Amendment
Bill 2006
19 Amendment of s 8 (Unjust measurement) . . . . . . . . . . . . . . . . . . 14
20 Amendment of s 9 (Supplying incorrect etc. measuring
instrument) ..................................... 14
21 Replacement of s 23 (Incorrect measurement or price
calculation) .................................... 14
23 Incorrect measurement or price calculation . . . . . . . . 15
22 Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25A Special provision for sale of firewood by volume . . . . 15
23 Amendment of s 44 (Application for licence) . . . . . . . . . . . . . . . . 16
24 Amendment of s 45 (Grounds for refusal) . . . . . . . . . . . . . . . . . . 16
25 Amendment of s 50 (Conditions on all public weighbridge
licences) ....................................... 16
26 Insertion of new ss 52A and 52B . . . . . . . . . . . . . . . . . . . . . . . . . 17
52A Continuation of weighbridge suitability statement in
particular circumstances . . . . . . . . . . . . . . . . . . . . . . 17
52B If weighbridge no longer suitable for use as public
weighbridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Amendment of s 54 (Surrender etc. of licence) . . . . . . . . . . . . . . 19
28 Insertion of new ss 54A54D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
54A Effect of relocation of licensed weighbridge . . . . . . . . 19
54B Application to change licence holders due to change
of partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
54C Effect on licence of application under s 54B. . . . . . . . 21
54D Application to amend condition of licence . . . . . . . . . 21
29 Amendment of s 56 (Grounds for disciplinary action) . . . . . . . . . 21
30 Amendment of s 59 (Rights of appeal). . . . . . . . . . . . . . . . . . . . . 22
31 Amendment of s 80 (Regulation-making power) . . . . . . . . . . . . . 22
32 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 9 Transitional provisions for Consumer Credit
and Trade Measurement Amendment Act
2006
82 Certificates of suitability . . . . . . . . . . . . . . . . . . . . . . . 23
83 Existing licensed public weighbridges . . . . . . . . . . . . 23
Part 4 Amendment of Trade Measurement Administration Act 1990
33 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Amendment of s 10 (Fees and charges may be prescribed) . . . . 24
2006
A Bill
for
An Act to amend the Consumer Credit (Queensland) Act 1994
to make changes to the Consumer Credit Code, and to amend
the Trade Measurement Act 1990 and the Trade Measurement
Administration Act 1990
s1 4 s4
Consumer Credit and Trade Measurement Amendment
Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Consumer Credit and Trade 4
Measurement Amendment Act 2006. 5
Clause 2 Commencement 6
This Act, other than section 5, commences on a day to be 7
fixed by proclamation. 8
Part 2 Amendment of Consumer 9
Credit Code 10
Clause 3 Code amended in pt 2 11
This Act amends the Consumer Credit Code set out in the 12
appendix to the Consumer Credit (Queensland) Act 1994. 13
Clause 4 Amendment of s 17 (Alteration of contract document) 14
Section17(1)-- 15
omit, insert-- 16
`(1) An alteration of (including an addition to) a contract 17
document by the credit provider after it is signed by the debtor 18
is ineffective unless the debtor has agreed in writing to the 19
alteration.'. 20
s5 5 s6
Consumer Credit and Trade Measurement Amendment
Bill 2006
Clause 5 Amendment of s 146D (Expiry of part) 1
Section 146D, `third anniversary of its commencement'-- 2
omit, insert-- 3
`fourth anniversary of its commencement, or on an earlier day 4
fixed by a regulation'. 5
Clause 6 Amendment of s 162 (Legibility and language) 6
(1) Section 162(1), after `contract,'-- 7
insert-- 8
`mortgage or'. 9
(2) Section 162(1), after `Code'-- 10
insert-- 11
`, other than a document transmitted by electronic 12
communication'. 13
(3) Section 162-- 14
insert-- 15
`(1A) A credit contract, mortgage or guarantee or a notice given by a 16
credit provider under this Code, if transmitted by electronic 17
communication-- 18
(a) must be easily legible; and 19
(b) must conform with the provisions of the regulations, if 20
any, as to content, legibility and accompanying 21
information; and 22
(c) must be clearly expressed.'. 23
(4) Section 162(2), `a guarantee'-- 24
omit, insert-- 25
`mortgage or guarantee'. 26
(5) Section 162(2), after `credit contracts,'-- 27
insert-- 28
`mortgages or'. 29
s7 6 s8
Consumer Credit and Trade Measurement Amendment
Bill 2006
Clause 7 Amendment of s 163 (Copies of contracts and other 1
documents) 2
Section 163(3)-- 3
omit. 4
Clause 8 Insertion of new s 164A 5
Part 11, division 2-- 6
insert-- 7
`164A Electronic transactions and documents 8
`(1) Without limiting the provisions of this Code, it is declared that 9
any contract, mortgage or guarantee referred to in this Code 10
may be made in accordance with the laws of this jurisdiction 11
in relation to electronic transactions. 12
`(2) Without limiting the provisions of this Code, it is declared that 13
any requirement or permission by or under this Code, however 14
expressed-- 15
(a) to give information in writing; or 16
(b) to provide a signature; or 17
(c) to produce a document; or 18
(d) to record information in writing; or 19
(e) to retain a document; 20
may be met in accordance with the laws of this jurisdiction in 21
relation to electronic transactions. 22
23
Example--
24
Giving information would include the requirement under section 34(1)
25
to provide a statement of amount owing.
26
Note--
27
The laws of this jurisdiction relating to electronic transactions include a
28
definition relating to the giving of information. That definition provides,
29
generally, that giving information includes, but is not limited to--
30
(a) making an application;
31
(b) making or lodging a claim;
32
(c) giving, sending or serving a notification;
s9 7 s 10
Consumer Credit and Trade Measurement Amendment
Bill 2006
1
(d) lodging a return;
2
(e) making a request;
3
(f) making a declaration;
4
(g) lodging or issuing a certificate;
5
(h) making, varying or cancelling an election;
6
(i) lodging an objection;
7
(j) giving a statement of reasons.
`(3) The regulations may provide that-- 8
(a) a specified transaction, or a specified class of 9
transactions; or 10
(b) a specified document, or a specified class of documents; 11
or 12
(c) specified information, or a specified class of 13
information; 14
referred to by or under this Code must not be made, given or 15
provided by electronic communication.'. 16
Clause 9 Amendment of s 171 (Giving notice or other document) 17
Section 171(2)(a), `similar facility'-- 18
omit, insert-- 19
`electronic communication'. 20
Clause 10 Amendment of s 172 (Manner of giving notice or other 21
document) 22
(1) Section 172(1)(a)(ii), `post, telex, facsimile or similar 23
facility'-- 24
omit, insert-- 25
`post, telex or facsimile or, with the written consent of the 26
person in accordance with subsection (1A), by electronic 27
communication'. 28
(2) Section 172(1)(b)(ii), `post, telex, facsimile or similar 29
electronic facility'-- 30
s 10 8 s 10
Consumer Credit and Trade Measurement Amendment
Bill 2006
omit, insert-- 1
`post, telex or facsimile or, with the written consent of the 2
body corporate in accordance with subsection (1A), by 3
electronic communication'. 4
(3) Section 172-- 5
insert-- 6
`(1A) A debtor, mortgagor or guarantor may consent to the giving of 7
documents by electronic communication by, and only by, a 8
specific positive election in writing, after being informed that 9
if consent is given-- 10
(a) paper documents may no longer be given; and 11
(b) electronic communications should be regularly checked 12
for notices; and 13
(c) consent to the giving of documents by electronic 14
communication may be withdrawn at any time.'. 15
(4) Section 172(2), `mortgagor, guarantor or consumer lessee'-- 16
omit, insert-- 17
`mortgagor or guarantor'. 18
(5) Section 172(2)-- 19
insert-- 20
21
`Note--
22
A nominated address may be an electronic address.'.
(6) Section 172(3)-- 23
insert-- 24
25
`Note--
26
A nominated address may be an electronic address.'.
(7) Section 172-- 27
insert-- 28
`(3A) If a person nominates an address under subsection (2)(a) or 29
(3)(a), the person may, by notice in writing to the person 30
giving the notice or other document referred to in subsection 31
(1), change the nominated address or cancel the nomination. 32
s 10 9 s 10
Consumer Credit and Trade Measurement Amendment
Bill 2006
`(3B) If this Code requires or permits a notice or other document to 1
be given to a debtor, mortgagor or guarantor by a credit 2
provider (whether the expression "deliver", "serve", "notify", 3
"send" or "give" or another expression is used), the notice or 4
other document may, with the written consent in accordance 5
with subsection (3C) of the debtor, mortgagor or guarantor, as 6
the case may be, to service of documents by this process, be 7
given by-- 8
(a) making it available for a reasonable period of time on 9
the credit provider's information system for retrieval by 10
electronic communication by the debtor, mortgagor or 11
guarantor; and 12
(b) promptly notifying the debtor, mortgagor or guarantor 13
by electronic communication that the information is 14
available for retrieval on that information system and the 15
nature of the information; and 16
(c) providing the debtor, mortgagor or guarantor with the 17
ability to readily retrieve the information by electronic 18
communication. 19
`(3C) A person may consent to the giving of documents by the 20
process in subsection (3B) by, and only by, a specific positive 21
election in writing, after being informed that if consent is 22
given-- 23
(a) there is no longer a requirement that paper documents 24
be given; and 25
(b) electronic communications should be regularly checked 26
for notices; and 27
(c) consent to the giving of documents by that process may 28
be withdrawn at any time. 29
`(3D) In addition to the requirements of the laws of this jurisdiction 30
in relation to electronic transactions, if a notice or other 31
document is given by sending it to a nominated electronic 32
address or by the process in subsection (3B)-- 33
(a) the notice or other document must be in a format that 34
enables the notice or other document to be printed and 35
saved to an electronic file; and 36
s 11 10 s 11
Consumer Credit and Trade Measurement Amendment
Bill 2006
(b) at the time the notice or other document was sent or was 1
made available on the credit provider's information 2
system, it was reasonable to expect that the intended 3
recipient would be readily able to print the notice or 4
other document and to save it to an electronic file. 5
`(3E) A nomination or consent under this section ceases to have 6
effect if it is cancelled or withdrawn by the person who made 7
or gave it. 8
`(3F) The regulations may provide for or with respect to-- 9
(a) the electronic retention of documents under this Code 10
that have been given by electronic communication or by 11
the process in subsection (3B); and 12
(b) electronic access to those documents by the relevant 13
debtor, mortgagor or guarantor.'. 14
Clause 11 Amendment of s 173 (Date of notice or other document) 15
(1) Section 173(1)(c)-- 16
omit, insert-- 17
`(c) in the case of a notice or other document sent by 18
facsimile transmission--on the date it bears or the date 19
on which the machine from which the transmission was 20
sent produces a report indicating that the notice or other 21
document was sent to the facsimile or other number of 22
the addressee, whichever is the later; or 23
(d) in the case of a notice or other document given in 24
accordance with section 172(3B)--at the time when the 25
electronic communication referred to in section 26
172(3B)(b) enters the information system of the 27
addressee; or 28
(e) in the case of a notice or other document given by 29
electronic communication--at the time when the 30
electronic communication enters the information system 31
of the addressee.'. 32
(2) Section 173-- 33
insert-- 34
s 12 11 s 13
Consumer Credit and Trade Measurement Amendment
Bill 2006
`(3) This section has effect despite anything to the contrary in the 1
laws of this jurisdiction in relation to electronic transactions.'. 2
Clause 12 Insertion of new s 173A 3
After section 173-- 4
insert-- 5
`173A Attribution of electronic communications 6
`(1) For the purposes of this Code, the purported originator of an 7
electronic communication is bound by that communication 8
only if-- 9
(a) the purported originator and the addressee of an 10
electronic communication have agreed that the 11
Electronic Funds Transfer Code of Conduct as 12
published from time to time on the Internet site of the 13
Australian Securities and Investments Commission 14
applies to the electronic communication and under that 15
Code of Conduct the purported originator is bound by 16
the communication; or 17
(b) in any other case, the communication was sent by the 18
purported originator or with the authority of the 19
purported originator. 20
`(2) Subsection (1) does not affect the operation of section 176. 21
`(3) This section has effect despite anything to the contrary in the 22
laws of this jurisdiction in relation to electronic transactions.'. 23
Clause 13 Amendment of sch 2 (Miscellaneous provisions relating 24
to interpretation) 25
(1) Schedule 2, clause 12(1)-- 26
insert-- 27
`electronic communication means-- 28
(a) a communication of information in the form of data, text 29
or images by means of guided or unguided 30
electromagnetic energy, or both; or 31
s 14 12 s 15
Consumer Credit and Trade Measurement Amendment
Bill 2006
(b) a communication of information in the form of sound by 1
means of guided or unguided electromagnetic energy, or 2
both, where the sound is processed at its destination by 3
an automated voice recognition system. 4
information system means a system for generating, sending, 5
receiving, storing or otherwise processing electronic 6
communications.'. 7
(2) Schedule 2, clause 12(1), definitions document, sign and 8
writing-- 9
insert-- 10
11
`Note--
12
See section 164A.'.
Part 3 Amendment of Trade 13
Measurement Act 1990 14
Clause 14 Act amended in pt 3 15
This part amends the Trade Measurement Act 1990. 16
Clause 15 Amendment of s 3 (Definitions) 17
(1) Section 3-- 18
insert-- 19
`firewood means any wood, including dockings, edgings, mill 20
ends, offcuts and timber products, that-- 21
(a) is intended for use as firewood; and 22
(b) is in billets or lengths of not more than 2.4m. 23
pack, for the purpose of deciding who packs or has packed an 24
article as a prepacked article, includes authorise, direct, cause 25
or permit a person to pack an article as a prepacked article. 26
use, in relation to the use of a measuring instrument for trade, 27
includes-- 28
s 16 13 s 17
Consumer Credit and Trade Measurement Amendment
Bill 2006
(a) have the measuring instrument in possession for use; 1
and 2
(b) make the measuring instrument available for use; and 3
(c) authorise, direct, cause or permit a person to do an act 4
mentioned in paragraph (a) or (b) or anything else that is 5
the use of a measuring instrument for trade. 6
weighbridge suitability statement, for a public weighbridge 7
licence, means a statement, signed by the administering 8
authority, that the weighbridge mentioned in the licence is 9
suitable for use as a public weighbridge.'. 10
(2) Section 3, definition class 4 measuring instrument, `pattern 11
that'-- 12
omit, insert-- 13
`pattern that, in accordance with the approved pattern'. 14
(3) Section 3, definition class 4 measuring instrument, paragraph 15
(b), `is marked with a symbol'-- 16
omit, insert-- 17
`has a symbol on it'. 18
(4) Section 3, definition sell, paragraph (e), `paragraph (a), (b), 19
(c) or (d)'-- 20
omit, insert-- 21
`paragraphs (a) to (d) or anything else that is a sale'. 22
Clause 16 Amendment of s 7 (Measuring instruments used for trade 23
must be marked) 24
Section 7(4), `is taken not to have committed'-- 25
omit, insert-- 26
`may not be prosecuted for'. 27
Clause 17 Amendment of s 7A (Use of class 4 measuring 28
instruments) 29
Section 7A(b)-- 30
s 18 14 s 21
Consumer Credit and Trade Measurement Amendment
Bill 2006
omit, insert-- 1
`(b) for weighing a thing to decide freight or haulage charges 2
for the thing; or'. 3
Clause 18 Amendment of s 7B (Use of measuring instruments for 4
pre-packed articles) 5
Section 7B, `is approved for trade use under the National 6
Measurement Act'-- 7
omit, insert-- 8
`is of an approved pattern'. 9
Clause 19 Amendment of s 8 (Unjust measurement) 10
Section 8(5), `is taken not to have committed'-- 11
omit, insert-- 12
`may not be prosecuted for'. 13
Clause 20 Amendment of s 9 (Supplying incorrect etc. measuring 14
instrument) 15
(1) Section 9(2), `for trade', third mention-- 16
omit. 17
(2) Section 9-- 18
insert-- 19
`(2A) Subject to subsection (3)(b), it does not matter whether the 20
person who used the measuring instrument purchased it or 21
took it on lease, hire or loan for trade.'. 22
Clause 21 Replacement of s 23 (Incorrect measurement or price 23
calculation) 24
Section 23-- 25
omit, insert-- 26
s 22 15 s 22
Consumer Credit and Trade Measurement Amendment
Bill 2006
`23 Incorrect measurement or price calculation 1
`(1) This section applies to a person who, for the purpose of the 2
sale of an article at a price determined by reference to the 3
measurement of the article, operates a measuring instrument 4
to measure the article or decides the measurement of the 5
article. 6
`(2) For this section-- 7
(a) a reference to the person's measurement of the article is 8
a reference to the person's operation of the measuring 9
instrument or measurement of the article as mentioned 10
in subsection (1); and 11
(b) it does not matter whether the person's measurement of 12
the article is for the article's sale by the person or by 13
anyone else at any time. 14
`(3) For any sale of the article at any time, the person commits an 15
offence if, because of the person's measurement of the 16
article-- 17
(a) the person directly or indirectly misleads any party to 18
the sale as to the measurement of the article or the 19
calculation of the price, to the party's detriment; or 20
(b) the price paid or required to be paid is not the price 21
correctly determined by reference to the correct 22
measurement of the article and as a result any party to 23
the sale suffers or would suffer detriment. 24
Maximum penalty--$20000.'. 25
Clause 22 Insertion of new s 25A 26
After section 25-- 27
insert-- 28
`25A Special provision for sale of firewood by volume 29
`To apply section 23 to a sale of firewood by volume, the 30
volume stated for the sale of the firewood (the stated volume) 31
is taken to comply with that section if, when the firewood is 32
stacked with as few gaps as practicable, the volume worked 33
out using the stack's dimensions is at least the stated volume.'. 34
s 23 16 s 25
Consumer Credit and Trade Measurement Amendment
Bill 2006
Clause 23 Amendment of s 44 (Application for licence) 1
(1) Section 44(1)(b), after `licence'-- 2
insert-- 3
`for a single weighbridge'. 4
(2) Section 44-- 5
insert-- 6
`(2A) If the licensing authority grants a licence to a partnership, the 7
licence must state-- 8
(a) the names of all the partners; and 9
(b) if the partnership has a registered business name, the 10
registered business name. 11
`(2B) Each partner stated in the licence, including the licence as 12
amended under section 54B, is taken to be a holder of the 13
licence.'. 14
(3) Section 44(3), `The application'-- 15
omit, insert-- 16
`An application under this section'. 17
Clause 24 Amendment of s 45 (Grounds for refusal) 18
Section 45-- 19
insert-- 20
`(1A) If the applicant is a partnership, subsection (1) applies to each 21
member of the partnership. 22
`(1B) Also, for a public weighbridge licence application for a 23
weighbridge, the licensing authority must refuse the 24
application if the administering authority considers the 25
weighbridge is not suitable for use as a public weighbridge.'. 26
Clause 25 Amendment of s 50 (Conditions on all public weighbridge 27
licences) 28
(1) Section 50(1)(a)-- 29
omit, insert-- 30
s 26 17 s 26
Consumer Credit and Trade Measurement Amendment
Bill 2006
`(a) a condition that the licensee must not operate the 1
weighbridge mentioned in the licence unless the licence 2
or a copy of the licence has a weighbridge suitability 3
statement written on it that is in force; 4
(aa) a condition that the weighbridge suitability statement is 5
in force only until the end of-- 6
(i) the period for which the fee payable in relation to 7
the statement has been paid; or 8
(ii) the period as extended under section 52A; 9
(ab) a condition that the weighbridge mentioned in the 10
licence is to be located at the place stated in the 11
licence;'. 12
(2) Section 50(1)(b), `a weighbridge operated pursuant to the 13
licence' 14
omit, insert-- 15
`the weighbridge mentioned in the licence'. 16
Clause 26 Insertion of new ss 52A and 52B 17
After section 52-- 18
insert-- 19
`52A Continuation of weighbridge suitability statement in 20
particular circumstances 21
`(1) This section applies if-- 22
(a) before the end of the period for which a weighbridge 23
suitability statement is in force for a particular 24
weighbridge, a licensee pays the fee for a new 25
weighbridge suitability statement; and 26
(b) the administering authority has not caused the 27
weighbridge to be examined for the purpose of 28
providing a new weighbridge suitability statement. 29
`(2) The licensee may continue to operate the weighbridge under 30
the licence until the administering authority-- 31
(a) issues to the licensee a copy of the public weighbridge 32
licence for the weighbridge with a weighbridge 33
s 26 18 s 26
Consumer Credit and Trade Measurement Amendment
Bill 2006
suitability statement on it in force for the period for 1
which the fee payable in relation to the statement has 2
been paid; or 3
(b) decides the weighbridge is no longer suitable for use as 4
a public weighbridge and gives written notice of the 5
decision to the licensee under section 52B(2). 6
`52B If weighbridge no longer suitable for use as public 7
weighbridge 8
`(1) This section applies if the administering authority decides a 9
public weighbridge is no longer suitable for use as a public 10
weighbridge. 11
`(2) The administering authority may give the licensee a notice 12
stating-- 13
(a) why the administering authority considers the public 14
weighbridge is no longer suitable for use as a public 15
weighbridge; and 16
(b) that the licensee may make written representations to the 17
administering authority within 28 days stating why the 18
licensee considers the public weighbridge licence for 19
the public weighbridge should not be cancelled. 20
`(3) After considering any representations made to the 21
administering authority, the administering authority may-- 22
(a) decide to take no further action against the licensee; or 23
(b) recommend to the licensing authority that the public 24
weighbridge licence for the public weighbridge be 25
cancelled. 26
`(4) The licensing authority may cancel the licence on the 27
recommendation of the administering authority under 28
subsection (3)(b). 29
`(5) The administering authority must give the licensee a written 30
notice stating-- 31
(a) the decision and the reason for the decision; and 32
s 27 19 s 28
Consumer Credit and Trade Measurement Amendment
Bill 2006
(b) that if the licensing authority cancels the licensee's 1
licence, the licensee may appeal against the decision to 2
the appeals tribunal under the Administration Act. 3
`(6) This section does not limit section 7.'. 4
Clause 27 Amendment of s 54 (Surrender etc. of licence) 5
Section 54(2), `A licence'-- 6
omit, insert-- 7
`Subject to section 54B, a licence'. 8
Clause 28 Insertion of new ss 54A54D 9
After section 54-- 10
insert-- 11
`54A Effect of relocation of licensed weighbridge 12
`(1) This section applies if a licensee moves a weighbridge from 13
the location at which it was inspected before the issue of the 14
weighbridge suitability statement for the weighbridge to 15
another location at the place stated in the licence. 16
`(2) The public weighbridge licence for the weighbridge is taken 17
to have been surrendered under section 54. 18
`54B Application to change licence holders due to change 19
of partnership 20
`(1) This section applies if-- 21
(a) a partnership is the holder of a licence; and 22
(b) there is or is proposed to be a change to the membership 23
of the partnership (the change) with at least 1 partner 24
before the change continuing as a partner after the 25
change. 26
`(2) The partnership may apply to the licensing authority to amend 27
the licence to state the partners who are or will be the partners 28
after the change. 29
s 28 20 s 28
Consumer Credit and Trade Measurement Amendment
Bill 2006
`(3) To the extent the change consists of a person ceasing to be a 1
partner, the licensing authority must grant the application and 2
amend the licence to remove the name of the partner from the 3
licence. 4
`(4) To the extent the change involves a new partner being 5
admitted to the partnership-- 6
(a) the application must include the information about the 7
new partner that the new partner would have to give to 8
the licensing authority when applying for a licence of 9
that kind; and 10
(b) after considering the application, the licensing authority 11
must-- 12
(i) grant the application and amend the licence to 13
include the name of the new partner; or 14
(ii) refuse the application under subsection (5). 15
`(5) The licensing authority must refuse an application to which 16
subsection (4) applies if it would be refused under section 45 17
were it an application by the new partner for the licence. 18
`(6) If the licensing authority refuses the application, the licensing 19
authority must notify the partnership of the grounds for the 20
refusal and the right of appeal against the refusal under 21
section 59.1 22
`(7) If an application is granted relating to a change that is to 23
happen at a later time, the licensing authority must amend the 24
licence in accordance with the application from the later time. 25
`(8) To amend a licence under this section, the licensing authority 26
may endorse the amendment on the licence held by the 27
partnership, or replace the licence with a licence stating the 28
membership of the partnership after the change. 29
`(9) An application must be accompanied by the application fee 30
prescribed under the Administration Act. 31
1 Section 59 (Rights of appeal)
s 29 21 s 29
Consumer Credit and Trade Measurement Amendment
Bill 2006
`54C Effect on licence of application under s 54B 1
`(1) This section applies if a change within the meaning of section 2
54B happens-- 3
(a) not more than 28 days before an application under the 4
section is made; or 5
(b) after the application is made but before it is decided. 6
`(2) From the day of the change, the relevant licence is taken to be 7
held by the partnership as it exists after the change, and each 8
partner is taken to be a holder of the licence, until-- 9
(a) the application is granted; or 10
(b) if the application is refused--the end of the period 11
allowed under section 59(2) for appeal against the 12
refusal, and, if the partnership appeals, the end of the 13
appeal. 14
`54D Application to amend condition of licence 15
`(1) A licensee under a servicing licence may apply to the 16
licensing authority for an amendment to a condition of the 17
licence of a kind mentioned in section 48(2). 18
`(2) The licensing authority may amend or refuse to amend the 19
licence. 20
`(3) An application must be accompanied by the application fee 21
prescribed under the Administration Act.'. 22
Clause 29 Amendment of s 56 (Grounds for disciplinary action) 23
Section 56-- 24
insert-- 25
`(2) A ground for disciplinary action under subsection (1) exists in 26
relation to a licensee who is a partnership if the ground exists 27
in relation to any 1 or more of the members of the 28
partnership.'. 29
s 30 22 s 32
Consumer Credit and Trade Measurement Amendment
Bill 2006
Clause 30 Amendment of s 59 (Rights of appeal) 1
(1) Section 59(1)(a), after `licence'-- 2
insert-- 3
`or an amendment of a licence'. 4
(2) Section 59(1)-- 5
insert-- 6
`(ea) to cancel a public weighbridge licence because the 7
public weighbridge mentioned in the licence is no 8
longer suitable for use as a public weighbridge; or'. 9
Clause 31 Amendment of s 80 (Regulation-making power) 10
(1) Section 80(2)(n)-- 11
omit, insert-- 12
`(n) weighbridge suitability statements;'. 13
(2) Section 80(2)-- 14
insert-- 15
`(v) the approval of forms for use under this Act.'. 16
Clause 32 Insertion of new pt 9 17
After section 81-- 18
insert-- 19
s 32 23 s 32
Consumer Credit and Trade Measurement Amendment
Bill 2006
`Part 9 Transitional provisions for 1
Consumer Credit and Trade 2
Measurement Amendment Act 3
2006 4
`82 Certificates of suitability 5
`A certificate of suitability for a public weighbridge that is in 6
force immediately before the commencement of the 7
Consumer Credit and Trade Measurement Amendment Act 8
2006, section 252 is taken to be a weighbridge suitability 9
statement for the weighbridge's public weighbridge licence 10
expiring when the certificate of suitability would otherwise 11
have expired. 12
`83 Existing licensed public weighbridges 13
`(1) This section applies if, immediately before the 14
commencement of the Consumer Credit and Trade 15
Measurement Amendment Act 2006, section 25, a licensee 16
operates more than 1 public weighbridge under a public 17
weighbridge licence. 18
`(2) On the commencement-- 19
(a) each public weighbridge is taken to be licensed under a 20
separate public weighbridge licence; and 21
(b) a separate periodic licence fee is not payable because of 22
paragraph (a) until the day the periodic licence fee is 23
payable under section 52 after the commencement. 24
`(3) Also, if, after the commencement-- 25
(a) a licensee for a public weighbridge that is taken under 26
subsection (2)(a) to be licensed under a separate public 27
weighbridge licence pays a separate periodic licence fee 28
for the public weighbridge; and 29
2 Consumer Credit and Trade Measurement Amendment Act 2006, section 25
(Amendment of s 50 (Conditions on all public weighbridge licences))
s 33 24 s 34
Consumer Credit and Trade Measurement Amendment
Bill 2006
(b) the administering authority decides the weighbridge is 1
still suitable for use as a public weighbridge; 2
the licensing authority must issue to the licensee a separate 3
public weighbridge licence for the weighbridge with a 4
weighbridge suitability statement on it in force for the period 5
for which the fee payable in relation to the statement has been 6
paid.'. 7
Part 4 Amendment of Trade 8
Measurement Administration 9
Act 1990 10
Clause 33 Act amended in pt 4 11
This part amends the Trade Measurement Administration Act 12
1990. 13
Clause 34 Amendment of s 10 (Fees and charges may be 14
prescribed) 15
(1) Section 10(1)-- 16
insert-- 17
`(ca) fees payable for providing weighbridge suitability 18
statements or duplicates of weighbridge suitability 19
statements; and'. 20
(2) Section 10-- 21
insert-- 22
`(4) For this section, it does not matter whether the fee prescribed 23
for a public weighbridge licence and a weighbridge suitability 24
statement is a combined fee for the same period.'. 25
© State of Queensland 2006
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