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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
FAIR TRADING AND
ANOTHER ACT AMENDMENT
BILL 2002
Queensland
FAIR TRADING AND ANOTHER ACT
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF BUSINESS NAMES ACT 1962
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 5 (Certain business names to be registered). . . . . . . . . . . . 4
5 Amendment of s 7 (Registration of business names) . . . . . . . . . . . . . . . . . . 4
6 Replacement of s 7A (Application not made until prescribed fee paid) . . . . 5
7A Application not made until prescribed fee paid and proof of
identity provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 12 (Notification of changes in particulars relating
to registered business names, cessation of business etc.) . . . . . . . . . . . . . . . 5
PART 3--AMENDMENT OF FAIR TRADING ACT 1989
8 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Replacement of s 58A (Contracts to which this division does not apply). . . 6
58A Division does not apply to particular emergency repair contracts. . . 6
10 Amendment of s 60 (Meaning of "prescribed contract") . . . . . . . . . . . . . . . 6
2002
A BILL
FOR
An Act to amend the Business Names Act 1962 and Fair Trading Act
1989
s1 4 s5
Fair Trading and Another Act Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Fair Trading and Another Act Amendment 4
Act 2002. 5
2 Commencement
Clause 6
This Act, other than section 4, commences on a day to be fixed by 7
proclamation. 8
PART 2--AMENDMENT OF BUSINESS NAMES ACT 9
1962 10
3 Act amended in pt 2
Clause 11
This part amends the Business Names Act 1962. 12
4 Amendment of s 5 (Certain business names to be registered)
Clause 13
Section 5(1), `4 penalty units'-- 14
omit, insert-- 15
`40 penalty units'. 16
5 Amendment of s 7 (Registration of business names)
Clause 17
Section 7-- 18
insert-- 19
s6 5 s8
Fair Trading and Another Act Amendment Bill 2002
`(2) For an applicant who is an individual, the application must be 1
accompanied by proof of the applicant's identity prescribed under a 2
regulation.'. 3
6 Replacement of s 7A (Application not made until prescribed fee
Clause 4
paid) 5
Section 7A-- 6
omit, insert-- 7
`7A Application not made until prescribed fee paid and proof of 8
identity provided 9
`An application for registration of a business name is taken not to have 10
been made unless-- 11
(a) the prescribed fee for the application is paid to the registrar; and 12
(b) if the applicant is an individual, the application is accompanied 13
by proof of the applicant's identity prescribed under a 14
regulation.'. 15
7 Amendment of s 12 (Notification of changes in particulars relating
Clause 16
to registered business names, cessation of business etc.) 17
Section 12-- 18
insert-- 19
`(4A) If the person commencing to carry on business under a name 20
already registered under this Act is an individual, the statement lodged 21
under subsection (4) must be accompanied by proof of the person's identity 22
prescribed under a regulation.'. 23
PART 3--AMENDMENT OF FAIR TRADING ACT 1989 24
8 Act amended in pt 3
Clause 25
This part amends the Fair Trading Act 1989. 26
s9 6 s 10
Fair Trading and Another Act Amendment Bill 2002
9 Replacement of s 58A (Contracts to which this division does not
Clause 1
apply) 2
Section 58A-- 3
omit, insert-- 4
`58A Division does not apply to particular emergency repair contracts 5
`(1) If an emergency repair contract is also a regulated contract, this 6
division does not apply to the contract. 7
`(2) If an emergency repair contract is not a regulated contract, the 8
following provisions of this division do not apply to the contract-- 9
(a) section 61(1)(f); 10
(b) section 61(1)(i), but only to the extent that it relates to a 11
statement referred to in section 61(1)(f); 12
(c) sections 62 and 63; 13
(d) section 66(1)(b), but only to the extent that it relates to a supplier 14
or a dealer committing an offence against section 63; 15
(e) section 66(2)(a) and (c); 16
(f) section 66(2)(b), but only to the extent that it relates to a failure 17
to comply with a requirement of section 61 that does not apply to 18
the contract because of paragraph (a) or (b). 19
`(3) In this section-- 20
"emergency repair contract" means a contract to supply goods or 21
services for emergency repairs to a person's property damaged by an 22
earthquake, fire, flood, storm or similar event. 23
"regulated contract" see the Domestic Building Contracts Act 2000, 24
section 9.'. 25
10 Amendment of s 60 (Meaning of "prescribed contract")
Clause 26
Section 60(4), `$50'-- 27
omit, insert-- 28
`$75'. 29
7
Fair Trading and Another Act Amendment Bill 2002
1
© State of Queensland 2002
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