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Queensland
Justice Legislation
Amendment Bill 2008
Queensland
Justice Legislation Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Classification of Computer Games and
Images Act 1995
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Replacement of s 8 (Appeal to appeal body against
classification of computer game) . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Review by CCT of classification decision . . . . . . . . . . 7
5 Amendment of s 8B (Obtaining copies for review) . . . . . . . . . . . . 7
6 Amendment of s 12 (Advertisement to contain determined
markings and consumer advice) . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 13A (Prohibition against advertising certain
computer games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 16 (Classified computer games containing
advertisements for other computer games) . . . . . . . . . . . . . . . . . 8
9 Replacement of pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 3 Review by CCT of decision about approval of
entity and exemption
60 Review by CCT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Omission of s 61 (Appeal procedure). . . . . . . . . . . . . . . . . . . . . . 9
11 Amendment of s 67 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Replacement of pt 9, hdg (Transitional provision for
Tourism, Fair Trading and Wine Industry Development
Legislation Amendment Act 2005) . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Insertion of new pt 9, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2 Justice Legislation Amendment Act 2008
71 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
72 Existing appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
73 Existing entitlements to appeal. . . . . . . . . . . . . . . . . . 10
Justice Legislation Amendment Bill 2008
Contents
74 Existing proceedings for offences relating to
advertisements for computer games . . . . . . . . . . . . . 11
14 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 3 Amendment of Classification of Films Act 1991
15 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Insertion of new s 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3B Treatment of single device consisting only of
classified films . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Amendment of s 21 (Prohibition against exhibition of certain
films in public places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Amendment of s 21A (Classified films--exhibiting
advertisements for other films) . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Amendment of s 25CC (Obtaining copies for review). . . . . . . . . . 14
21 Amendment of s 26 (Prohibition against publishing certain
advertisements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Amendment of s 27 (Advertisement to contain determined
markings and consumer advice) . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Amendment of s 28 (False advertising of films prohibited). . . . . . 15
24 Amendment of s 31 (Classified films containing advertisements
for other films). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
36A Prohibition against sale of certain films . . . . . . . . . . . 16
26 Amendment of s 52 (Additional power of inspector to seize films) 17
27 Replacement of s 59 (Appeal to appeal body) . . . . . . . . . . . . . . . 17
59 Review by CCT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28 Amendment of s 60 (Evidentiary provisions) . . . . . . . . . . . . . . . . 18
29 Amendment of s 65 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 18
30 Amendment of pt 9, div 1, hdg (Savings and transitional
provisions for Classification of Films Amendment Act 1993 No.
15) .......................................... 19
31 Amendment of pt 9, divs 2 and 3, hdgs . . . . . . . . . . . . . . . . . . . . 19
32 Insertion of new pt 9, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 4 Justice Legislation Amendment Act 2008
71 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
72 Existing exemptions for advertisements given under
the Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . 19
73 Existing appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
74 Existing entitlements to appeal. . . . . . . . . . . . . . . . . . 20
Page 2
Justice Legislation Amendment Bill 2008
Contents
75 Existing proceedings for offences relating to
advertisements for films . . . . . . . . . . . . . . . . . . . . . . . 20
Part 4 Amendment of Classification of Publications Act 1991
33 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
34 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 21
35 Replacement of s 11 (Appeal against classification by
publications classification officer) . . . . . . . . . . . . . . . . . . . . . . . . . 22
11 Review by CCT of classification decision by
publications classification officer . . . . . . . . . . . . . . . . 22
36 Amendment of s 11C (Publications for which display order may
be made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37 Amendment of s 11D (Lifting of display order, and appeal rights
and procedure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
38 Amendment of s 37 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . 23
39 Amendment of s 38 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 23
40 Amendment of pt 6 (Savings and transitional) . . . . . . . . . . . . . . . 23
Part 5 Amendment of Commercial and Consumer Tribunal Act
2003
41 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
42 Amendment of s 100 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . 25
43 Amendment of pt 9, hdg (Transitional provisions) . . . . . . . . . . . . 25
44 Replacement of pt 10 (Repeal) . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 2 Declaratory provision for Justice Legislation
Amendment Act 2008
168 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
45 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 6 Amendment of Consumer Credit Code
46 Code amended in pt 6 and schedule . . . . . . . . . . . . . . . . . . . . . . 27
47 Insertion of new ss 10A10C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
10A Deciding application of Code to particular contracts
for the sale of land by instalments . . . . . . . . . . . . . . . 27
10B Deciding application of Code to particular contracts
for the sale of goods by instalments . . . . . . . . . . . . . . 29
10C Deciding application of Code to particular contracts
for the sale of goods by instalments under related
contracts ................................ 29
48 Amendment of s 15 (Matters that must be in contract document) 30
49 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 3 Transitional provision for Justice Legislation
Amendment Act 2008
Page 3
Justice Legislation Amendment Bill 2008
Contents
187 Provision of credit for the sale of land or goods by
instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
50 Amendment of sch 1 (Principal definitions) . . . . . . . . . . . . . . . . . 31
Part 7 Amendment of Crime and Misconduct Act 2001
51 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
52 Amendment of s 20 (Meaning of unit of public administration). . . 32
53 Amendment of ch 8 (Repeals, transitional and savings
provisions) .................................... 32
54 Insertion of new ch 8, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 5 Justice Legislation Amendment Act 2008
384 Declaration about local governments and joint local
governments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
55 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
56 Amendment of s 408 (Claim fund) . . . . . . . . . . . . . . . . . . . . . . . . 34
57 Amendment of s 409 (How fund may be applied) . . . . . . . . . . . . 34
58 Amendment of s 433 (Money not dealt with by receiver) . . . . . . . 34
59 Amendment of s 434 (Recovery of remuneration and costs) . . . . 35
60 Amendment of s 445 (Recovery of remuneration, costs or
liabilities) ....................................... 35
Schedule Minor amendments of Consumer Credit Code . . . . . . . . . . . . 36
Page 4
2008
A Bill
for
An Act to amend the Classification of Computer Games and
Images Act 1995, the Classification of Films Act 1991, the
Classification of Publications Act 1991, the Commercial and
Consumer Tribunal Act 2003, the Consumer Credit
(Queensland) Act 1994 to make changes to the Consumer
Credit Code, the Crime and Misconduct Act 2001 and the
Property Agents and Motor Dealers Act 2000 for particular
purposes
Justice Legislation Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Justice Legislation Amendment 4
Act 2008. 5
Clause 2 Commencement 6
The following provisions commence on a day to be fixed by 7
proclamation-- 8
· part 2, sections 7, 8 and 14(3) and (4) 9
· part 3, sections 19, 21, 23, 24 and 32 (to the extent it 10
inserts new section 72) 11
· part 6 12
· schedule. 13
Part 2 Amendment of Classification of 14
Computer Games and Images 15
Act 1995 16
Clause 3 Act amended in pt 2 17
This part amends the Classification of Computer Games and 18
Images Act 1995. 19
Page 6
Justice Legislation Amendment Bill 2008
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 4]
Clause 4 Replacement of s 8 (Appeal to appeal body against 1
classification of computer game) 2
Section 8-- 3
omit, insert-- 4
`8 Review by CCT of classification decision 5
`If the computer games classification officer classifies a 6
computer game under section 5, a person whose interests are 7
adversely affected by the decision may apply, under the CCT 8
Act, to the CCT for a review of the decision.'. 9
Clause 5 Amendment of s 8B (Obtaining copies for review) 10
Section 8B(2), `director'-- 11
omit, insert-- 12
`convenor'. 13
Clause 6 Amendment of s 12 (Advertisement to contain 14
determined markings and consumer advice) 15
Section 12(1)(b)(i), `the director decides'-- 16
omit, insert-- 17
`determined'. 18
Clause 7 Amendment of s 13A (Prohibition against advertising 19
certain computer games) 20
Section 13A(1), from `game'-- 21
omit, insert-- 22
`game, unless the advertisement is allowed under the 23
Commonwealth Act. 24
Maximum penalty--60 penalty units. 25
Page 7
Justice Legislation Amendment Bill 2008
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 8]
Note-- 1
The Commonwealth Act, section 31 provides for the Commonwealth 2
Minister, by legislative instrument, to determine a scheme for the 3
advertising of unclassified computer games.'. 4
Clause 8 Amendment of s 16 (Classified computer games 5
containing advertisements for other computer games) 6
Section 16(d) and penalty-- 7
omit, insert-- 8
`(d) if the computer game is classified as an MA 15+ 9
computer game--an objectionable computer game; or 10
(e) an unclassified computer game, unless the 11
advertisement is allowed under the Commonwealth Act. 12
Maximum penalty--10 penalty units. 13
Note for paragraph (e)-- 14
The Commonwealth Act, section 31 provides for the Commonwealth 15
Minister, by legislative instrument, to determine a scheme for the 16
advertising of unclassified computer games.'. 17
Clause 9 Replacement of pt 7, div 3 18
Part 7, division 3-- 19
omit, insert-- 20
`Division 3 Review by CCT of decision about 21
approval of entity and exemption 22
`60 Review by CCT 23
`(1) If the computer games classification officer makes a 24
decision-- 25
(a) refusing to approve an entity under section 56; or 26
(b) revoking the approval of an entity under section 56; or 27
(c) refusing to give an exemption under section 58 or 59; 28
Page 8
Justice Legislation Amendment Bill 2008
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 10]
the computer games classification officer must notify the 1
entity in writing of the decision and the reasons for the 2
decision. 3
`(2) The entity may apply, under the CCT Act, to the CCT for a 4
review of the decision.'. 5
Clause 10 Omission of s 61 (Appeal procedure) 6
Section 61-- 7
omit. 8
Clause 11 Amendment of s 67 (Regulations) 9
(1) Section 67, heading, `Regulations'-- 10
omit, insert-- 11
`Regulation-making power'. 12
(2) Section 67(3)-- 13
omit. 14
Clause 12 Replacement of pt 9, hdg (Transitional provision for 15
Tourism, Fair Trading and Wine Industry Development 16
Legislation Amendment Act 2005) 17
Part 9, heading-- 18
omit, insert-- 19
`Part 9 Transitional provisions 20
`Division 1 Tourism, Fair Trading and Wine 21
Industry Development Legislation 22
Amendment Act 2005'. 23
Clause 13 Insertion of new pt 9, div 2 24
Part 9-- 25
Page 9
Justice Legislation Amendment Bill 2008
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 13]
insert-- 1
`Division 2 Justice Legislation Amendment Act 2
2008 3
`71 Definitions for div 2 4
`In this division-- 5
amending Act means the Justice Legislation Amendment Act 6
2008, part 2. 7
commencement means the commencement of this section. 8
`72 Existing appeals 9
`(1) This section applies to an appeal started under previous 10
section 8 or previous section 60(2) but not ended before the 11
commencement of this section. 12
`(2) The appeal may continue and be decided as if the amending 13
Act had not been enacted. 14
`(3) In this section-- 15
previous, followed by a provision number, means the 16
provision as in force immediately before the commencement. 17
`73 Existing entitlements to appeal 18
`(1) This section applies if, immediately before the 19
commencement-- 20
(a) a person was entitled to appeal against a decision 21
mentioned in section 8 or 60(2) (the relevant provision) 22
and had not started the appeal; and 23
(b) the period mentioned in the relevant provision for 24
starting the appeal had not ended. 25
`(2) This Act as amended by the amending Act applies to the 26
appeal. 27
Page 10
Justice Legislation Amendment Bill 2008
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 14]
`74 Existing proceedings for offences relating to 1
advertisements for computer games 2
`(1) This section applies if a proceeding for an offence against a 3
provision of part 4 was started, but had not ended, before the 4
commencement of the amending Act, section 14(3). 5
`(2) Despite the Criminal Code, section 11, the proceeding may 6
continue, and the provision may be enforced, as if the 7
amending Act, section 14(3) had not been enacted.'. 8
Clause 14 Amendment of sch 2 (Dictionary) 9
(1) Schedule 2, definition appeal body-- 10
omit. 11
(2) Schedule 2-- 12
insert-- 13
`CCT means the Commercial and Consumer Tribunal 14
established under the CCT Act. 15
CCT Act means the Commercial and Consumer Tribunal Act 16
2003. 17
convenor means the convenor of the review board.'. 18
(3) Schedule 2, definition advertisement, paragraph (c)-- 19
omit, insert-- 20
`(c) advertising on the internet;'. 21
(4) Schedule 2, definition advertisement-- 22
insert-- 23
`(g) advertising by way of a product that-- 24
(i) refers to, or is derived from, the computer game; 25
and 26
(ii) is primarily intended to be sold or distributed to the 27
general public or to a section of the general public; 28
and 29
Page 11
Justice Legislation Amendment Bill 2008
Part 3 Amendment of Classification of Films Act 1991
[s 15]
(iii) a reasonable person would not consider to be a 1
primary source of classification information for 2
consumers about the computer game.'. 3
Part 3 Amendment of Classification of 4
Films Act 1991 5
Clause 15 Act amended in pt 3 6
This part amends the Classification of Films Act 1991. 7
Clause 16 Amendment of s 3 (Definitions) 8
(1) Section 3-- 9
insert-- 10
`convenor means the convenor of the review board.'. 11
(2) Section 3, definition advertisement, paragraph (c)-- 12
omit, insert-- 13
`(c) advertising on the internet;'. 14
(3) Section 3, definition advertisement-- 15
insert-- 16
`(g) advertising by way of a product that-- 17
(i) refers to, or is derived from, the film; and 18
(ii) is primarily intended to be sold or distributed to the 19
general public or to a section of the general public; 20
and 21
(iii) a reasonable person would not consider to be a 22
primary source of classification information for 23
consumers about the film.'. 24
Page 12
Justice Legislation Amendment Bill 2008
Part 3 Amendment of Classification of Films Act 1991
[s 17]
Clause 17 Insertion of new s 3B 1
After section 3A-- 2
insert-- 3
`3B Treatment of single device consisting only of 4
classified films 5
`(1) For this Act, a film-- 6
(a) contained on a single device; and 7
(b) consisting only of 2 or more classified films; 8
is to be treated as if each of the classified films were on a 9
separate device. 10
`(2) Subsection (1) applies despite any other provision of this 11
Act.'. 12
Clause 18 Amendment of s 21 (Prohibition against exhibition of 13
certain films in public places) 14
(1) Section 21-- 15
insert-- 16
`(2A) Subsection (2) does not apply to a film contained on a single 17
device consisting only of 2 or more classified films.'. 18
(2) Section 21-- 19
insert-- 20
`(4) Subsection (3) does not apply in relation to an alteration or 21
addition that consists of the removal or addition of-- 22
(a) navigation functions; or 23
Example-- 24
an interactive menu 25
(b) material that-- 26
(i) provides a description or translation of the audio or 27
visual content of the film; and 28
(ii) would not be likely to cause the film to be given a 29
higher classification. 30
Page 13
Justice Legislation Amendment Bill 2008
Part 3 Amendment of Classification of Films Act 1991
[s 19]
Example of material for paragraph (b)-- 1
captions for persons with a hearing disability'. 2
Clause 19 Amendment of s 21A (Classified films--exhibiting 3
advertisements for other films) 4
Section 21A(e) and penalty-- 5
omit, insert-- 6
`(e) if the film is classified as an R 18+ film--a film 7
classified as an X 18+ or RC film or an unclassified 8
film; or 9
(f) an unclassified film, unless the advertisement is allowed 10
under the Commonwealth Act. 11
Maximum penalty--10 penalty units. 12
Note for paragraph (f)-- 13
The Commonwealth Act, section 31 provides for the Commonwealth 14
Minister, by legislative instrument, to determine a scheme for the 15
advertising of unclassified films.'. 16
Clause 20 Amendment of s 25CC (Obtaining copies for review) 17
Section 25CC(2), `director'-- 18
omit, insert-- 19
`convenor'. 20
Clause 21 Amendment of s 26 (Prohibition against publishing 21
certain advertisements) 22
(1) Section 26(1), from `film', first mention-- 23
omit, insert-- 24
`film, unless the advertisement is allowed under the 25
Commonwealth Act. 26
Maximum penalty-- 27
(a) for an objectionable film--60 penalty units; or 28
Page 14
Justice Legislation Amendment Bill 2008
Part 3 Amendment of Classification of Films Act 1991
[s 22]
(b) for another film--10 penalty units. 1
Note-- 2
The Commonwealth Act, section 31 provides for the Minister, by 3
legislative instrument, to determine a scheme for the advertising of 4
unclassified films.'. 5
(2) Section 26(2)-- 6
omit. 7
(3) Section 26(3) to (5)-- 8
renumber as section 26(2) to (4). 9
Clause 22 Amendment of s 27 (Advertisement to contain 10
determined markings and consumer advice) 11
Section 27(1)(b)(i), `the director determines'-- 12
omit, insert-- 13
`determined'. 14
Clause 23 Amendment of s 28 (False advertising of films prohibited) 15
Section 28(2), from `film', first mention-- 16
omit, insert-- 17
`film, unless the advertisement is allowed under the 18
Commonwealth Act. 19
Maximum penalty-- 20
(a) in the case of an objectionable film--60 penalty units; 21
or 22
(b) in any other case--10 penalty units. 23
Note-- 24
The Commonwealth Act, section 31 provides for the Commonwealth 25
Minister, by legislative instrument, to determine a scheme for the 26
advertising of unclassified films.'. 27
Page 15
Justice Legislation Amendment Bill 2008
Part 3 Amendment of Classification of Films Act 1991
[s 24]
Clause 24 Amendment of s 31 (Classified films containing 1
advertisements for other films) 2
(1) Section 31(a) to (d), `or an unclassified film'-- 3
omit. 4
(2) Section 31(e) and penalty-- 5
omit, insert-- 6
`(e) if a film is classified as an R 18+ film--a film classified 7
as an X 18+ or RC film; or 8
(f) an unclassified film, unless the advertisement is allowed 9
under the Commonwealth Act. 10
Maximum penalty--10 penalty units. 11
Note for paragraph (f)-- 12
The Commonwealth Act, section 31 provides for the Commonwealth 13
Minister, by legislative instrument, to determine a scheme for the 14
advertising of unclassified films.'. 15
Clause 25 Insertion of new s 36A 16
Part 4-- 17
insert-- 18
`36A Prohibition against sale of certain films 19
`(1) A person must not display for sale or sell, or attempt to 20
display for sale or sell, a film unless the film is displayed for 21
sale or sold with the same title as the title under which it is 22
classified. 23
Maximum penalty--50 penalty units. 24
`(2) Subsection (1) does not apply to a film contained on a single 25
device consisting only of 2 or more classified films. 26
`(3) A person must not display for sale or sell, or attempt to 27
display for sale or sell, an unclassified film other than in the 28
form, without alteration or addition, in which it is classified. 29
Maximum penalty--50 penalty units. 30
Page 16
Justice Legislation Amendment Bill 2008
Part 3 Amendment of Classification of Films Act 1991
[s 26]
`(4) Subsection (3) does not apply in relation to an alteration or 1
addition that consists of the removal or addition of-- 2
(a) navigation functions; or 3
Example-- 4
an interactive menu 5
(b) material that-- 6
(i) provides a description or translation of the audio or 7
visual content of the film; and 8
(ii) would not be likely to cause the film to be given a 9
higher classification. 10
Example of material for paragraph (b)-- 11
captions for persons with a hearing disability'. 12
Clause 26 Amendment of s 52 (Additional power of inspector to 13
seize films) 14
Section 52(3), `censor'-- 15
omit, insert-- 16
`films classification officer'. 17
Clause 27 Replacement of s 59 (Appeal to appeal body) 18
Section 59-- 19
omit, insert-- 20
`59 Review by CCT 21
`(1) If the films classification officer makes a decision-- 22
(a) refusing to approve an organisation under section 56; or 23
(b) revoking the approval of an organisation under section 24
56; or 25
(c) refusing to give an exemption under section 58; 26
the films classification officer must notify the organisation in 27
writing of the decision and the reasons for the decision. 28
Page 17
Justice Legislation Amendment Bill 2008
Part 3 Amendment of Classification of Films Act 1991
[s 28]
`(2) The organisation may apply, under the CCT Act, to the CCT 1
for a review of the decision. 2
`(3) In this section-- 3
CCT means the Commercial and Consumer Tribunal 4
established under the CCT Act. 5
CCT Act means the Commercial and Consumer Tribunal Act 6
2003.'. 7
Clause 28 Amendment of s 60 (Evidentiary provisions) 8
(1) Section 60(1), `director'-- 9
omit, insert-- 10
`relevant entity'. 11
(2) Section 60-- 12
insert-- 13
`(4) In this section-- 14
relevant entity means-- 15
(a) for a classification by the board--the director; or 16
(b) for a classification by the review board--the 17
convenor.'.r 18
Clause 29 Amendment of s 65 (Regulations) 19
(1) Section 65, heading, `Regulations'-- 20
omit, insert-- 21
`Regulation-making power'. 22
(2) Section 65(5)-- 23
omit. 24
Page 18
Justice Legislation Amendment Bill 2008
Part 3 Amendment of Classification of Films Act 1991
[s 30]
Clause 30 Amendment of pt 9, div 1, hdg (Savings and transitional 1
provisions for Classification of Films Amendment Act 2
1993 No. 15) 3
Part 9, division 1, heading, `Savings and transitional 4
provisions for'-- 5
omit. 6
Clause 31 Amendment of pt 9, divs 2 and 3, hdgs 7
Part 9, divisions 2 and 3, headings, `Transitional provision 8
for'-- 9
omit. 10
Clause 32 Insertion of new pt 9, div 4 11
Part 9-- 12
insert-- 13
`Division 4 Justice Legislation Amendment Act 14
2008 15
`71 Definitions for div 4 16
`In this division-- 17
amending Act means the Justice Legislation Amendment Act 18
2008, part 3. 19
commencement means the commencement of this section. 20
previous, followed by a provision number, means the 21
provision as in force immediately before the commencement. 22
`72 Existing exemptions for advertisements given under 23
the Commonwealth Act 24
`(1) This section applies to an advertisement for a film in relation 25
to which a certificate of exemption given under the 26
Page 19
Justice Legislation Amendment Bill 2008
Part 3 Amendment of Classification of Films Act 1991
[s 32]
Commonwealth Act as mentioned in previous section 26(2) is 1
in force immediately before the commencement. 2
`(2) On the commencement, the certificate of exemption continues 3
to have effect for this Act. 4
`73 Existing appeals 5
`(1) This section applies to an appeal started under previous 6
section 59(2) but not ended before the commencement. 7
`(2) The appeal may continue and be decided as if the amending 8
Act had not been enacted. 9
`74 Existing entitlements to appeal 10
`(1) This section applies if, immediately before the 11
commencement-- 12
(a) a person was entitled to appeal against a decision 13
mentioned in section 59(1) and had not started the 14
appeal; and 15
(b) the period mentioned in the section for starting the 16
appeal had not ended. 17
`(2) This Act as amended by the amending Act applies to the 18
appeal. 19
`75 Existing proceedings for offences relating to 20
advertisements for films 21
`(1) This section applies if a proceeding for an offence against a 22
provision of part 4 was started, but had not ended, before the 23
commencement of the amending Act, section 16(2). 24
`(2) Despite the Criminal Code, section 11, the proceeding may 25
continue, and the provision may be enforced, as if the 26
amending Act, section 16(2) had not been enacted.'. 27
Page 20
Justice Legislation Amendment Bill 2008
Part 4 Amendment of Classification of Publications Act 1991
[s 33]
Part 4 Amendment of Classification of 1
Publications Act 1991 2
Clause 33 Act amended in pt 4 3
This part amends the Classification of Publications Act 1991. 4
Clause 34 Amendment of s 3 (Definitions) 5
Section 3-- 6
insert-- 7
`advertisement, for a publication, means any form of 8
advertising for the publication and includes-- 9
(a) advertising, whether visual or audible, whether in the 10
form of written or spoken words or other sounds and 11
whether in a book, paper, magazine, poster, photograph, 12
sketch, program, film or slide or in any other form; and 13
(b) advertising on a container or wrapping enclosing the 14
publication; and 15
(c) advertising on the internet; 16
but does not include-- 17
(d) advertising for an exempt publication; or 18
(e) advertising, in an imported publication, for a publication 19
that has not been published in Australia; or 20
(f) advertising by way of a product that-- 21
(i) refers to, or is derived from, the publication; and 22
(ii) is primarily intended to be sold or distributed to the 23
general public or to a section of the general public; 24
and 25
(iii) a reasonable person would not consider to be a 26
primary source of classification information for 27
consumers about the publication. 28
Page 21
Justice Legislation Amendment Bill 2008
Part 4 Amendment of Classification of Publications Act 1991
[s 35]
CCT means the Commercial and Consumer Tribunal 1
established under the CCT Act. 2
CCT Act means the Commercial and Consumer Tribunal Act 3
2003.'. 4
Clause 35 Replacement of s 11 (Appeal against classification by 5
publications classification officer) 6
Section 11-- 7
omit, insert-- 8
`11 Review by CCT of classification decision by 9
publications classification officer 10
`If the publications classification officer makes a decision 11
classifying a publication, a person whose interests are 12
adversely affected by the decision may apply, under the CCT 13
Act, to the CCT for a review of the decision.'. 14
Clause 36 Amendment of s 11C (Publications for which display 15
order may be made) 16
Section 11C(4)(e), from `may appeal'-- 17
omit, insert-- 18
`may-- 19
(i) apply, under the CCT Act, to the CCT for a review 20
of the decision to make the order; or 21
(ii) apply, under section 11D, to have the order lifted.'. 22
Clause 37 Amendment of s 11D (Lifting of display order, and appeal 23
rights and procedure) 24
(1) Section 11D, heading, `appeal'-- 25
omit, insert-- 26
`review'. 27
(2) Section 11D(6), `appeal'-- 28
Page 22
Justice Legislation Amendment Bill 2008
Part 4 Amendment of Classification of Publications Act 1991
[s 38]
omit, insert-- 1
`review'. 2
Clause 38 Amendment of s 37 (Exemptions) 3
(1) Section 37(5)(b)-- 4
omit, insert-- 5
`(b) the person or body may apply, under the CCT Act, to the 6
CCT for a review of the decision.'. 7
(2) Section 37(6) to (10)-- 8
omit. 9
Clause 39 Amendment of s 38 (Regulations) 10
(1) Section 38, heading, `Regulations'-- 11
omit, insert-- 12
`Regulation-making power'. 13
(2) Section 38(3)-- 14
omit. 15
Clause 40 Amendment of pt 6 (Savings and transitional) 16
(1) Part 6, heading-- 17
omit, insert-- 18
`Part 6 Savings and transitional 19
provisions 20
`Division 1 Act No. 78 of 1991'. 21
(2) After section 40-- 22
insert-- 23
Page 23
Justice Legislation Amendment Bill 2008
Part 4 Amendment of Classification of Publications Act 1991
[s 40]
`Division 2 Consumer Law and Other Justice 1
Legislation (Miscellaneous 2
Provisions) Act 1996'. 3
(3) After section 41-- 4
insert-- 5
`Division 3 Justice Legislation Amendment Act 6
2008 7
`42 Definitions for div 3 8
`In this division-- 9
amending Act means the Justice Legislation Amendment Act 10
2008, part 4. 11
commencement means the commencement of this section. 12
`43 Existing appeals 13
`(1) This section applies to an appeal started under previous 14
section 11(1) or previous section 37(5)(b) but not ended 15
before the commencement of this section. 16
`(2) The appeal may continue and be decided as if the amending 17
Act had not been enacted. 18
`(3) In this section-- 19
previous, followed by a provision number, means the 20
provision as in force immediately before the commencement. 21
`44 Existing entitlements to appeal 22
`(1) This section applies if, immediately before the 23
commencement-- 24
(a) a person was entitled to appeal against a decision 25
mentioned in section 11(1) or 37(5)(b) (the relevant 26
provision) and had not started the appeal; and 27
Page 24
Justice Legislation Amendment Bill 2008
Part 5 Amendment of Commercial and Consumer Tribunal Act 2003
[s 41]
(b) the period mentioned in the relevant provision for 1
starting the appeal had not ended. 2
`(2) This Act as amended by the amending Act applies to the 3
appeal.'. 4
Part 5 Amendment of Commercial and 5
Consumer Tribunal Act 2003 6
Clause 41 Act amended in pt 5 7
This part amends the Commercial and Consumer Tribunal Act 8
2003. 9
Clause 42 Amendment of s 100 (Appeals) 10
Section 100(6)(a) and (b), `; or'-- 11
omit, insert-- 12
`;'. 13
Clause 43 Amendment of pt 9, hdg (Transitional provisions) 14
Part 9, heading-- 15
omit, insert-- 16
`Part 9 Transitional and declaratory 17
provisions 18
`Division 1 Transitional provisions for Act No. 19
30 of 2003'. 20
Clause 44 Replacement of pt 10 (Repeal) 21
Part 10-- 22
Page 25
Justice Legislation Amendment Bill 2008
Part 5 Amendment of Commercial and Consumer Tribunal Act 2003
[s 45]
omit, insert-- 1
`Division 2 Declaratory provision for Justice 2
Legislation Amendment Act 2008 3
`168 Declaration 4
`To remove any doubt, it is declared that an Act, other than 5
this Act, that before the commencement of this section, 6
whether expressly or by implication, authorised any of the 7
following is, and always was, an empowering Act for this 8
Act-- 9
(a) a proceeding to be started in the tribunal; 10
(b) a decision to be reviewed by the tribunal; 11
(c) any other matter or thing to be dealt with by the 12
tribunal.'. 13
Clause 45 Amendment of sch 2 (Dictionary) 14
(1) Schedule 2, definition empowering Act-- 15
omit, insert-- 16
`empowering Act means an Act, other than this Act, that, 17
whether expressly or by implication, authorises a proceeding 18
to be started in, or a matter or thing to be dealt with by, the 19
tribunal.'. 20
(2) Schedule 2, definition public examination, `4'-- 21
omit, insert-- 22
`3'. 23
Page 26
Justice Legislation Amendment Bill 2008
Part 6 Amendment of Consumer Credit Code
[s 46]
Part 6 Amendment of Consumer 1
Credit Code 2
Clause 46 Code amended in pt 6 and schedule 3
This part and the schedule amend the Consumer Credit Code 4
set out in the appendix to the Consumer Credit (Queensland) 5
Act 1994. 6
Clause 47 Insertion of new ss 10A10C 7
After section 10-- 8
insert-- 9
`10A Deciding application of Code to particular contracts 10
for the sale of land by instalments 11
`(1) This section applies to an executory contract for the sale of 12
land if-- 13
(a) under the contract, the purchaser-- 14
(i) is entitled to enter into possession of the land 15
before becoming entitled to receive a conveyance 16
or transfer of the land; and 17
(ii) is bound to make a payment or payments (other 18
than a deposit or rent payment) to, or in accordance 19
with the instructions of, the vendor without 20
becoming entitled to receive a conveyance or 21
transfer of the land in exchange for the payment or 22
payments; and 23
(b) the amount payable to purchase the land under the 24
contract exceeds the cash price of the land. 25
Note-- 26
Cash price is defined in schedule 1 in terms of goods or services. 27
Services is defined in schedule 1 to include rights in relation to, 28
and interests in, real property. 29
Page 27
Justice Legislation Amendment Bill 2008
Part 6 Amendment of Consumer Credit Code
[s 47]
`(2) For the purpose of deciding whether the contract is a credit 1
contract and, if it is a credit contract, of applying this Code 2
(including part 6) to it-- 3
(a) a debt is to be regarded as having been incurred, and 4
credit provided, in the circumstances mentioned in 5
subsection (1); and 6
(b) the debtor is the purchaser under the contract; and 7
(c) the credit provider is the vendor under the contract; and 8
(d) the charge for providing the credit is the amount by 9
which the amount payable to purchase the land, together 10
with any other amount payable under the contract other 11
than outgoings for the land, exceeds the cash price of the 12
land. 13
`(3) This section does not affect the application of this Code to a 14
contract that is, apart from this section, a credit contract. 15
`(4) In this section-- 16
deposit, in relation to a contract, means an amount-- 17
(a) not exceeding 10% of the amount payable to purchase 18
the land under the contract; and 19
(b) paid or payable in 1 or more amounts; and 20
(c) liable to be forfeited and retained by the vendor in the 21
event of a breach of contract by the purchaser. 22
outgoings includes rates, water charges and house and 23
contents insurance. 24
rent payment, under a contract, means a payment-- 25
(a) made by the purchaser to the vendor in exchange for 26
possession of the land before becoming entitled to 27
receive a conveyance or transfer of the land; and 28
(b) that is not deductible from the amount payable to 29
purchase the land. 30
Page 28
Justice Legislation Amendment Bill 2008
Part 6 Amendment of Consumer Credit Code
[s 47]
`10B Deciding application of Code to particular contracts 1
for the sale of goods by instalments 2
`(1) This section applies to a contract for the sale of goods if the 3
amount payable to purchase the goods under the contract-- 4
(a) is payable by instalments; and 5
(b) exceeds the cash price of the goods. 6
`(2) This section does not apply to a contract for the hire of goods 7
even if the hirer has a right or obligation to purchase the 8
goods. 9
`(3) For the purpose of deciding whether the contract is a credit 10
contract and, if it is a credit contract, of applying this Code 11
(including part 6) to it-- 12
(a) a debt is to be regarded as having been incurred, and 13
credit provided, in the circumstances mentioned in 14
subsection (1); and 15
(b) the debtor is the person who is to make the payments; 16
and 17
(c) the credit provider is the person who is to receive the 18
payments; and 19
(d) the charge for providing the credit is the amount by 20
which the amount payable to purchase the goods, 21
together with any other amount payable under the 22
contract, exceeds the cash price of the goods. 23
`(4) This section does not affect the application of this Code to a 24
contract that is, apart from this section, a credit contract. 25
`10C Deciding application of Code to particular contracts 26
for the sale of goods by instalments under related 27
contracts 28
`(1) For the purpose of this section, a contract is a related contract 29
to a contract for the sale of goods (the goods contract) if-- 30
(a) the sale of the goods is financed, wholly or partly, by the 31
provision of credit under the contract; and 32
Page 29
Justice Legislation Amendment Bill 2008
Part 6 Amendment of Consumer Credit Code
[s 48]
(b) the credit provider under the contract is-- 1
(i) the supplier of goods under the goods contract; or 2
(ii) a related body corporate within the meaning of the 3
Corporations Act of the supplier of the goods 4
under the goods contract; and 5
(c) the amount payable under the contract is payable by 6
instalments. 7
`(2) For the purpose of deciding whether a related contract to a 8
goods contract is a credit contract and, if it is a credit contract, 9
of applying this Code (including part 6) to it, the charge for 10
providing the credit is the amount by which the amount 11
payable to purchase the goods, together with any other 12
amount payable under the related contract, exceeds the cash 13
price of the goods. 14
`(3) This section does not affect the application of this Code to a 15
contract that is, apart from this section, a credit contract.'. 16
Clause 48 Amendment of s 15 (Matters that must be in 17
contract document) 18
(1) Section 15(B)(c), `its price'-- 19
omit, insert-- 20
`its cash price'. 21
(2) Section 15(B), after paragraph (c)-- 22
insert-- 23
`The requirement under paragraph (c) is in addition to, and 24
does not limit, the requirement under paragraph (a) or (b).'. 25
Clause 49 Insertion of new pt 12, div 3 26
Part 12-- 27
insert-- 28
Page 30
Justice Legislation Amendment Bill 2008
Part 6 Amendment of Consumer Credit Code
[s 50]
`Division 3 Transitional provision for Justice 1
Legislation Amendment Act 2008 2
`187 Provision of credit for the sale of land or goods by 3
instalments 4
`(1) This section applies in relation to the provision of credit, 5
before the commencement, for a sale of land or goods by 6
instalments. 7
`(2) The amending Act does not affect the application of this Code 8
in relation to the provision of the credit. 9
`(3) Without limiting subsection (2), the enactment of the 10
amending Act is not to be construed as limiting the 11
application of this Code, as in force before the 12
commencement, to a sale of land or goods by instalments. 13
`(4) This Code, as in force before the commencement, continues to 14
apply, after the commencement, in relation to the provision of 15
credit as if the amending Act had not been enacted. 16
`(5) In this section-- 17
amending Act means the Justice Legislation Amendment Act 18
2008, part 6. 19
commencement means the commencement of this section.'. 20
Clause 50 Amendment of sch 1 (Principal definitions) 21
(1) Schedule 1, clause 1(1), definition cash price-- 22
omit. 23
(2) Schedule 1, clause 1(1)-- 24
insert-- 25
`cash price, of goods or services to which a credit contract 26
relates, means-- 27
(a) the lowest price that a cash purchaser might reasonably 28
be expected to pay for them from the supplier; or 29
Page 31
Justice Legislation Amendment Bill 2008
Part 7 Amendment of Crime and Misconduct Act 2001
[s 51]
(b) if the goods or services are not available for cash from 1
the supplier or are only available for cash at the same, or 2
a reasonably similar, price to the price that would be 3
payable for them if they were sold with credit 4
provided--the market value of the goods or services. 5
lowest price, in relation to the cash price of goods or services 6
to which a credit contract relates, means the lowest price 7
including any goods and services tax but unaffected by any 8
discount between the credit provider and the supplier. 9
market value, of goods or services to which a credit contract 10
relates, means fair market value including any goods and 11
services tax.'. 12
Part 7 Amendment of Crime and 13
Misconduct Act 2001 14
Clause 51 Act amended in pt 7 15
This part amends the Crime and Misconduct Act 2001. 16
Clause 52 Amendment of s 20 (Meaning of unit of public 17
administration) 18
Section 20(1)-- 19
insert-- 20
`(da) a local government;'. 21
Clause 53 Amendment of ch 8 (Repeals, transitional and savings 22
provisions) 23
(1) Chapter 8, heading, `, transitional'-- 24
omit, insert-- 25
`and transitional, declaratory,'. 26
Page 32
Justice Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 54]
(2) Chapter 8, part 2, heading and part 3, heading, `Transitional 1
provisions for'-- 2
omit. 3
(3) Chapter 8, part 4, heading, `Transitional provision for'-- 4
omit. 5
Clause 54 Insertion of new ch 8, pt 5 6
Chapter 8-- 7
insert-- 8
`Part 5 Justice Legislation Amendment 9
Act 2008 10
`384 Declaration about local governments and joint local 11
governments 12
`(1) This section applies for the period of the administration of this 13
Act until the commencement of the Justice Legislation 14
Amendment Act 2008, section 53. 15
`(2) To remove any doubt and to remove the necessity for proof of 16
the funding of local governments and joint local governments, 17
it is declared that every local government and joint local 18
government has always been and, despite the Local 19
Government Act 1993, sections 34(3) and 49(4), continued to 20
be a unit of public administration for this Act.'. 21
Part 8 Amendment of Property Agents 22
and Motor Dealers Act 2000 23
Clause 55 Act amended in pt 8 24
This part amends the Property Agents and Motor Dealers Act 25
2000. 26
Page 33
Justice Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 56]
Clause 56 Amendment of s 408 (Claim fund) 1
Section 408(3), after `fund', second mention-- 2
insert-- 3
`, or the remuneration and costs of a receiver or special 4
investigator payable from the fund,'. 5
Clause 57 Amendment of s 409 (How fund may be applied) 6
(1) Section 409(2)-- 7
renumber as section 409(3). 8
(2) Section 409-- 9
insert-- 10
`(2) The fund may also be used to pay the remuneration and costs 11
of either or both of the following-- 12
(a) a receiver appointed under section 417; 13
(b) a special investigator appointed under section 440. 14
Note-- 15
The remuneration and costs of a receiver are recoverable under section 16
434. The remuneration and costs of a special investigator are 17
recoverable under section 445. Amounts recovered under these sections 18
by the chief executive are paid to the fund under section 494.'. 19
Clause 58 Amendment of s 433 (Money not dealt with by receiver) 20
(1) Section 433(3)(c)-- 21
renumber as section 433(3)(e). 22
(2) Section 433(3)-- 23
insert-- 24
`(c) to pay the remuneration and costs of a receiver 25
appointed under section 417; 26
(d) to pay the remuneration and costs of a special 27
investigator appointed under section 440;'. 28
Page 34
Justice Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 59]
Clause 59 Amendment of s 434 (Recovery of remuneration and 1
costs) 2
Section 434(1), after `amount paid to the receiver'-- 3
insert-- 4
`, including an amount paid from the fund,'. 5
Clause 60 Amendment of s 445 (Recovery of remuneration, costs or 6
liabilities) 7
(1) Section 445, heading-- 8
omit, insert-- 9
`445 Recovery of remuneration and costs'. 10
(2) Section 445(1), after `amount paid to the special 11
investigator'-- 12
insert-- 13
`, including an amount paid from the fund,'. 14
Page 35
Justice Legislation Amendment Bill 2008
Schedule
Schedule Minor amendments of 1
Consumer Credit Code 2
section 46 3
1 Section 7(9), `Corporations Law'-- 4
omit, insert-- 5
`Corporations Act'. 6
2 Section 30(1), `Corporations Law'-- 7
omit, insert-- 8
`Corporations Act'. 9
3 Section 102(3), from `provider (within' to `that Law)'-- 10
omit, insert-- 11
`provider (within the meaning of the Corporations Act), if the 12
credit provider or subsidiary takes deposits or is a corporation that 13
is a borrower (within the meaning of that Act)'. 14
4 Schedule 1, clause 1(1)-- 15
insert-- 16
`Corporations Act means the Corporations Act 2001 17
(Cwlth).'. 18
5 Schedule 1, clause 1(1), definition insolvent, paragraph 19
(a), `Corporations Law'-- 20
omit, insert-- 21
`Corporations Act'. 22
Page 36
Justice Legislation Amendment Bill 2008
Schedule
6 Schedule 1, clause 1(1), definition insolvent, paragraph 1
(b)-- 2
omit, insert-- 3
`(b) in the case of a corporation--a corporation that is an 4
externally-administered body corporate within the 5
meaning of the Corporations Act.'. 6
7 Schedule 1, clause 1(1), definition retained credit fees 7
and charges, paragraph (a), `Corporations Law'-- 8
omit, insert-- 9
`Corporations Act'. 10
8 Schedule 1, clause 1(2)(a), `Corporations Law'-- 11
omit, insert-- 12
`Corporations Act'. 13
© State of Queensland 2008
Page 37
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