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
Justice (Fair Trading)
Legislation Amendment Bill
2008
Queensland
Justice (Fair Trading) Legislation
Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Body Corporate and Community
Management Act 1997
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 229 (Exclusivity of dispute resolution
provisions) .............................. 8
5 Amendment of s 266A (Application of pt 9 to agreement referred
for consent order) ............................... 9
6 Amendment of s 271 (Investigative powers of adjudicator) . . . . . 9
7 Amendment of s 289 (Right to appeal to District Court or CCT) . 9
8 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 3 Amendment of Churches of Christ, Scientist, Incorporation
Act 1964
9 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Insertion of new ss 7A and 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7A Winding-up of the Second Church of Christ,
Scientist, Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7B Provision for the winding-up of other churches . . . . . 11
Part 4 Amendment of Commercial and Consumer Tribunal Act
2003
11 Act amended in pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Replacement of s 41 (Service of documents) . . . . . . . . . . . . . . . 12
41 Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Insertion of new s 43A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
43A Substituted service . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Amendment of s 53 (Inclusion of parties). . . . . . . . . . . . . . . . . . . 13
Justice (Fair Trading) Legislation Amendment Bill 2008
Contents
15 Amendment of s 92 (When decision takes effect) . . . . . . . . . . . . 13
16 Amendment of s 93 (Registration and enforcement of decisions) 13
17 Amendment of s 95 (Reopening an order if party does not
appear) ..................................... 14
18 Amendment of s 100 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Amendment of s 114 (Hearing of proceedings) . . . . . . . . . . . . . . 14
20 Insertion of new pt 9, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3 Transitional provision for Justice (Fair Trading)
Legislation Amendment Act 2008
169 Registration of tribunal decisions . . . . . . . . . . . . . . . . 15
21 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 15
Part 5 Amendment of Fair Trading Act 1989
22 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Amendment of s 91L (Register of undertakings) . . . . . . . . . . . . . 16
Part 6 Amendment of Introduction Agents Act 2001
24 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Amendment of s 19 (Application for licence) . . . . . . . . . . . . . . . . 16
26 Amendment of s 23 (Inquiries about applicant's suitability to
hold licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Insertion of new ss 23A and 23B . . . . . . . . . . . . . . . . . . . . . . . . . 17
23A Costs of criminal history report. . . . . . . . . . . . . . . . . . 17
23B Confidentiality of criminal history . . . . . . . . . . . . . . . . 18
28 Amendment of s 25 (Renewal of licence). . . . . . . . . . . . . . . . . . . 18
29 Amendment of s 26 (Grounds for suspending, cancelling,
refusing to renew or imposing conditions on a licence) . . . . . . . . 19
Part 7 Amendment of Partnership Act 1891
30 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
31 Amendment of s 70 (Definitions for ch 4) . . . . . . . . . . . . . . . . . . . 19
32 Amendment of s 75 (Who may apply for registration) . . . . . . . . . 20
33 Amendment of s 76 (How is an application made) . . . . . . . . . . . . 20
34 Amendment of s 83 (Powers of partnership) . . . . . . . . . . . . . . . . 20
35 Amendment of s 87 (Limited partner not to take part in the
management of the incorporated limited partnership) . . . . . . . . . 20
36 Amendment of s 97 (Winding up on chief executive's certificate) 20
37 Amendment of s 109 (Lodgment of certain documents with the
chief executive). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
38 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Page 2
Justice (Fair Trading) Legislation Amendment Bill 2008
Contents
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
39 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
40 Amendment of s 5 (Exemption--public officials) . . . . . . . . . . . . . 21
41 Amendment of s 21 (Steps involved in obtaining a licence) . . . . . 21
42 Amendment of s 22 (Application for licence) . . . . . . . . . . . . . . . . 22
43 Amendment of s 32 (Investigations about suitability of applicants
and licensees) .................................... 22
44 Insertion of new s 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
32A Costs of criminal history report. . . . . . . . . . . . . . . . . . 23
45 Amendment of s 33 (Criminal history is confidential document) . 24
46 Amendment of s 57 (Application for renewal). . . . . . . . . . . . . . . . 24
47 Amendment of s 60 (Application for restoration) . . . . . . . . . . . . . 24
48 Amendment of s 64 (Appointment of substitute
licensee--principal licensee--individual) . . . . . . . . . . . . . . . . . . . 25
49 Amendment of s 65 (Appointment of substitute
licensee--employed licensee in charge of a licensee's business
at a place) ..................................... 26
50 Amendment of s 66 (Appointment of substitute
licensee--pastoral house manager in charge of a licensee's
business at a place) ............................. 26
51 Amendment of s 67 (Chief executive may appoint or refuse to
appoint substitute licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
52 Amendment of s 74 (Immediate suspension). . . . . . . . . . . . . . . . 27
53 Amendment of s 84 (Application for registration) . . . . . . . . . . . . . 27
54 Amendment of s 87 (Investigations about suitability of
applicants) ................................. 27
55 Insertion of new s 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
87A Costs of criminal history report. . . . . . . . . . . . . . . . . . 28
56 Amendment of s 88 (Criminal history is confidential document) . 28
57 Amendment of s 94 (Application for renewal). . . . . . . . . . . . . . . . 28
58 Amendment of s 97 (Application for restoration) . . . . . . . . . . . . . 29
59 Amendment of s 104 (Immediate suspension). . . . . . . . . . . . . . . 29
60 Amendment of s 410 (Agreements with financial institutions) . . . 30
61 Amendment of s 469 (Definitions for ch 14) . . . . . . . . . . . . . . . . . 30
62 Amendment of s 477 (Inspector may investigate claims and
prepare report) ............................... 30
63 Amendment of s 485 (Registrar to fix hearing date and issue
attendance notices) .......................... 30
Page 3
Justice (Fair Trading) Legislation Amendment Bill 2008
Contents
64 Amendment of s 496 (Grounds for starting disciplinary
proceedings) ............................... 31
65 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 31
Part 9 Residential Services (Accreditation) Act 2002
66 Act amended in pt 9 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 31
67 Amendment of s 10 (Application for registration) . . . . . . . . . . . . . 32
68 Amendment of s 15 (Cancellation of registration by chief
executive) .................................. 32
69 Amendment of s 24 (Obtaining criminal history report) . . . . . . . . 32
70 Insertion of new s 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
24A Costs of criminal history report. . . . . . . . . . . . . . . . . . 33
71 Amendment of s 27 (Destruction of criminal history report) . . . . . 33
72 Amendment of s 61 (Becoming a service provider) . . . . . . . . . . . 34
Part 10 Amendment of Retirement Villages Act 1999
73 Act amended in pt 10 and schedule . . . . . . . . . . . . . . . . . . . . . . . 34
74 Amendment of s 27 (Application for registration of a retirement
village scheme) ............................... 35
75 Amendment of s 88A (Investigations about scheme operators
etc.) .................................... 35
76 Insertion of new s 88AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
88AA Costs of criminal history report. . . . . . . . . . . . . . . . . . 35
77 Amendment of s 88B (Criminal history is confidential document) 36
78 Amendment of s 90C (Responsibility of former resident for
capital improvement) ......................... 36
Part 11 Amendment of Second-hand Dealers and Pawnbrokers Act
2003
79 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
80 Amendment of s 8 (Investigations about suitability of applicants
and licensees) ................................ 37
81 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
8A Costs of criminal history report. . . . . . . . . . . . . . . . . . 37
82 Amendment of s 9 (Criminal history is a confidential document) . 38
83 Amendment of s 10 (Application for licence) . . . . . . . . . . . . . . . . 38
84 Amendment of s 13 (Renewal of licence). . . . . . . . . . . . . . . . . . . 39
85 Amendment of s 14 (Restoration of licence) . . . . . . . . . . . . . . . . 39
86 Amendment of s 19 (Grounds for suspending, cancelling,
refusing to renew or restore, or imposing conditions on a licence) 40
Page 4
Justice (Fair Trading) Legislation Amendment Bill 2008
Contents
Part 12 Amendment of Security Providers Act 1993
87 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
88 Amendment of s 10 (Application) . . . . . . . . . . . . . . . . . . . . . . . . . 40
89 Amendment of s 11 (Entitlement to licences--individuals) . . . . . 40
90 Insertion of new s 12AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
12AA Costs of criminal history report. . . . . . . . . . . . . . . . . . 41
91 Amendment of s 20 (Renewal of licence). . . . . . . . . . . . . . . . . . . 42
92 Amendment of s 21 (Grounds for suspension, cancellation or
refusal to renew) .............................. 42
93 Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Part 6 Declaratory provision
64 Declaratory provision for s 29. . . . . . . . . . . . . . . . . . . 42
94 Amendment of sch 1, pt 1 (Existing provisions) . . . . . . . . . . . . . . 43
95 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 43
Part 13 Amendment of Tourism Services Act 2003
96 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
97 Omission of s 11 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . 44
98 Amendment of s 15 (Inquiries about applicant's suitability to
hold registration). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
99 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
15A Costs of criminal history report. . . . . . . . . . . . . . . . . . 45
100 Amendment of s 20 (Application for registration) . . . . . . . . . . . . . 45
101 Amendment of s 22 (Application for renewal of registration) . . . . 46
102 Amendment of s 82 (Grounds for starting disciplinary
proceedings) ............................. 47
Part 14 Amendment of Travel Agents Act 1988
103 Act amended in pt 14 and schedule . . . . . . . . . . . . . . . . . . . . . . . 47
104 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 47
105 Amendment of s 14 (Application for a licence) . . . . . . . . . . . . . . . 47
106 Insertion of new ss 15A15C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
15A Investigation of applicants . . . . . . . . . . . . . . . . . . . . . 48
15B Costs of criminal history report. . . . . . . . . . . . . . . . . . 49
15C Confidentiality of criminal history . . . . . . . . . . . . . . . . 49
Part 15 Other minor amendments
107 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Body Corporate and Community Management Act 1997. . . . . . . 51
Page 5
Justice (Fair Trading) Legislation Amendment Bill 2008
Contents
Building Units and Group Titles Act 1980. . . . . . . . . . . . . . . . . . . 51
Commercial and Consumer Tribunal Act 2003 . . . . . . . . . . . . . . . 52
Liens on Crops of Sugar Cane Act 1931 . . . . . . . . . . . . . . . . . . . 52
Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . 52
Retail Shop Leases Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Retirement Villages Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Travel Agents Act 1988. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Page 6
2008
A Bill
for
An Act to amend the Body Corporate and Community
Management Act 1997, the Building Units and Group Titles Act
1980, the Churches of Christ, Scientist, Incorporation Act 1964,
the Commercial and Consumer Tribunal Act 2003, the Fair
Trading Act 1989, the Introduction Agents Act 2001, the Liens
on Crops of Sugar Cane Act 1931, the Partnership Act 1891, the
Property Agents and Motor Dealers Act 2000, the Residential
Services (Accreditation) Act 2002, the Retail Shop Leases Act
1994, the Retirement Villages Act 1999, the Second-hand
Dealers and Pawnbrokers Act 2003, the Security Providers Act
1993, the Tourism Services Act 2003 and the Travel Agents Act
1988 for particular purposes
Justice (Fair Trading) 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 (Fair Trading) 4
Legislation Amendment Act 2008. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Body Corporate 8
and Community Management 9
Act 1997 10
Clause 3 Act amended in pt 2 and schedule 11
This part and the schedule amend the Body Corporate and 12
Community Management Act 1997. 13
Clause 4 Amendment of s 229 (Exclusivity of dispute resolution 14
provisions) 15
Section 229(5)-- 16
omit. 17
Page 8
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 2 Amendment of Body Corporate and Community Management Act 1997
[s 5]
Clause 5 Amendment of s 266A (Application of pt 9 to agreement 1
referred for consent order) 2
(1) Section 266A(3)(e)-- 3
omit. 4
(2) Section 266A(3)(d)-- 5
renumber as section 266A(3)(e). 6
(3) Section 266A(3)-- 7
insert-- 8
`(d) a reference in sections 271 and 273 to an affected person 9
were a reference to an affected person for the 10
application that resulted in the agreement; and'. 11
Clause 6 Amendment of s 271 (Investigative powers of adjudicator) 12
(1) Section 271(5), `if asked'-- 13
omit, insert-- 14
`as requested'. 15
(2) Section 271(5)(b), before `give'-- 16
insert-- 17
`in accordance with the request,'. 18
Clause 7 Amendment of s 289 (Right to appeal to District Court or 19
CCT) 20
Section 289(1)(d)(i), `288A'-- 21
omit, insert-- 22
`288A, definition order'. 23
Clause 8 Amendment of sch 6 (Dictionary) 24
Schedule 6, definition complex dispute, paragraph (b), 25
`129,'-- 26
omit. 27
Page 9
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 3 Amendment of Churches of Christ, Scientist, Incorporation Act 1964
[s 9]
Part 3 Amendment of Churches of 1
Christ, Scientist, Incorporation 2
Act 1964 3
Clause 9 Act amended in pt 3 4
This part amends the Churches of Christ, Scientist, 5
Incorporation Act 1964. 6
Clause 10 Insertion of new ss 7A and 7B 7
After section 7-- 8
insert-- 9
`7A Winding-up of the Second Church of Christ, 10
Scientist, Brisbane 11
`(1) The Second Church of Christ, Scientist, Brisbane (the second 12
church) is dissolved. 13
`(2) The dissolution of the second church is taken to be a 14
winding-up of an incorporated association under the 15
Associations Incorporation Act 1981, section 90 and section 16
91(2) and (3) of that Act applies to the dissolution as if the 17
second church were wound-up by the Supreme Court under 18
section 90. 19
`(3) The following are vested in the First Church of Christ, 20
Scientist, Brisbane-- 21
(a) all real and personal property belonging to or held in 22
trust for the second church immediately before the 23
commencement of this section; and 24
(b) all the second church's rights and obligations as in force 25
immediately before the commencement. 26
`(4) All legal proceedings that might have been started or 27
continued by or against the second church immediately before 28
the commencement may be started or continued against the 29
First Church of Christ, Scientist, Brisbane. 30
Page 10
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 3 Amendment of Churches of Christ, Scientist, Incorporation Act 1964
[s 10]
`(5) The chief executive must, to the extent applicable, ask the 1
registrar of titles to record the vesting of any property under 2
subsection (3). 3
`(6) The registrar of titles must, on the chief executive's request, 4
record the vesting in the freehold land register. 5
`(7) No fee is payable for recording the vesting under subsection 6
(6). 7
`7B Provision for the winding-up of other churches 8
`(1) A church is an incorporated association and may be wound-up 9
under part 10. 10
`(2) Despite the Associations Incorporation Act 1981, section 92, 11
if a church is wound-up under part 10, a regulation may 12
provide for the vesting of surplus assets of the church. 13
`(3) In this section-- 14
church means any of the following if in existence at any time 15
after the day after the commencement of this section-- 16
(a) a church mentioned in section 2, other than the Second 17
Church of Christ, Scientist, Brisbane; 18
(b) a church incorporated under section 4. 19
part 10 means the Associations Incorporation Act 1981, part 20
10. 21
surplus assets see the Associations Incorporation Act 1981, 22
section 92.'. 23
Page 11
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 4 Amendment of Commercial and Consumer Tribunal Act 2003
[s 11]
Part 4 Amendment of Commercial and 1
Consumer Tribunal Act 2003 2
Clause 11 Act amended in pt 4 and schedule 3
This part and the schedule amend the Commercial and 4
Consumer Tribunal Act 2003. 5
Clause 12 Replacement of s 41 (Service of documents) 6
Section 41-- 7
omit, insert-- 8
`41 Service of documents 9
`(1) A document may be served under this Act, or under an 10
empowering Act for the purposes of this Act-- 11
(a) for a document to be served on a licensee--by leaving it 12
at, or sending it to, the licensee's address in the register 13
of licences under the relevant empowering Act; or 14
(b) whether or not paragraph (a) applies--as stated in this 15
Act. 16
`(2) If personal service of a document is required under this Act, 17
or under an empowering Act for the purposes of this Act, 18
personal service may be effected in the same way as an 19
originating process that is required to be served personally 20
under the Uniform Civil Procedure Rules 1999 may be served. 21
`(3) Subsection (1) does not limit the Acts Interpretation Act 1954, 22
section 39 or a provision of a relevant empowering Act 23
providing for the service of documents.'. 24
Clause 13 Insertion of new s 43A 25
After section 43-- 26
insert-- 27
Page 12
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 4 Amendment of Commercial and Consumer Tribunal Act 2003
[s 14]
`43A Substituted service 1
`(1) If, for any reason, it is impracticable to serve a document in 2
the way required under section 41, or under an empowering 3
Act for the purposes of this Act, the tribunal may make an 4
order substituting another way of serving the document. 5
`(2) The tribunal may, in the order, state the steps to be taken, 6
instead of service, for bringing the document to the attention 7
of the person to be served. 8
`(3) The tribunal may, in the order, specify that the document is to 9
be taken to have been served on the happening of a stated 10
event or at the end of a stated time. 11
`(4) The tribunal may make an order under this section even 12
though the person to be served is not in Queensland or was not 13
in Queensland when the proceeding started.'. 14
Clause 14 Amendment of s 53 (Inclusion of parties) 15
Section 53(2), after `initiative'-- 16
insert-- 17
`or, for a fund claim, on the application of the chief executive 18
(PAMDA)'. 19
Clause 15 Amendment of s 92 (When decision takes effect) 20
Section 92-- 21
insert-- 22
`(d) if the proceeding involves a fund claim and paragraph 23
(a) does not apply--when the decision is published.'. 24
Clause 16 Amendment of s 93 (Registration and enforcement of 25
decisions) 26
(1) Section 93(1), after `A party'-- 27
insert-- 28
`or, for a fund claim, the chief executive (PAMDA),'. 29
Page 13
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 4 Amendment of Commercial and Consumer Tribunal Act 2003
[s 17]
(2) Section 93(1)(b), after `the party's'-- 1
insert-- 2
`or, for a fund claim, the chief executive (PAMDA)'s'. 3
(3) Section 93-- 4
insert-- 5
`(1A) It is sufficient compliance with subsection (1)(b)(i) if the 6
party's affidavit states that service of the decision was effected 7
on the person against whom the decision was given by 8
substituted service in the way stated by the tribunal in a stated 9
order.'. 10
Clause 17 Amendment of s 95 (Reopening an order if party does not 11
appear) 12
Section 95(2)-- 13
omit, insert-- 14
`(2) An application under this section must be made-- 15
(a) if the order involves a fund claim and is an order that 16
must be published under section 91(1)(c)--within 14 17
days after the order is published; or 18
(b) otherwise--within 14 days after the order is served on 19
the entity.'. 20
Clause 18 Amendment of s 100 (Appeals) 21
Section 100(2), from `chief executive' to `administered'-- 22
omit, insert-- 23
`chief executive (PAMDA)'. 24
Clause 19 Amendment of s 114 (Hearing of proceedings) 25
Section 114-- 26
insert-- 27
Page 14
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 4 Amendment of Commercial and Consumer Tribunal Act 2003
[s 20]
`(3A) If the matter involves a fund claim, the chief executive 1
(PAMDA) may also make submissions to the tribunal, 2
including submissions about liability for the claimant's 3
financial loss. 4
Note-- 5
See Property Agents and Motor Dealers Act 2000, sections 490 and 530 6
about who is liable for a claimant's loss.'. 7
Clause 20 Insertion of new pt 9, div 3 8
Part 9-- 9
insert-- 10
`Division 3 Transitional provision for Justice 11
(Fair Trading) Legislation 12
Amendment Act 2008 13
`169 Registration of tribunal decisions 14
`(1) This section applies to a decision of the tribunal involving a 15
fund claim. 16
`(2) The chief executive (PAMDA) may register the decision as 17
provided under section 93 as in force after the commencement 18
of this section even though the decision was given before the 19
commencement.'. 20
Clause 21 Amendment of sch 2 (Dictionary) 21
Schedule 2-- 22
insert-- 23
`chief executive (PAMDA) means the chief executive of the 24
department in which the Property Agents and Motor Dealers 25
Act 2000 is administered. 26
fund claim means a claim against the claim fund established 27
under the Property Agents and Motor Dealers Act 2000, 28
section 408.'. 29
Page 15
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 5 Amendment of Fair Trading Act 1989
[s 22]
Part 5 Amendment of Fair Trading Act 1
1989 2
Clause 22 Act amended in pt 5 3
This part amends the Fair Trading Act 1989. 4
Clause 23 Amendment of s 91L (Register of undertakings) 5
Section 91L-- 6
insert-- 7
`(4) The commissioner may publish the information contained in 8
the register on the department's web site.'. 9
Part 6 Amendment of Introduction 10
Agents Act 2001 11
Clause 24 Act amended in pt 6 12
This part amends the Introduction Agents Act 2001. 13
Clause 25 Amendment of s 19 (Application for licence) 14
(1) Section 19(2)(c)-- 15
omit, insert-- 16
`(c) be accompanied by-- 17
(i) the application fee prescribed under a regulation; 18
and 19
(ii) if, before or when the application is made, the chief 20
executive requires the payment of costs under 21
section 23A(1)--the amount of the costs required 22
to be paid.'. 23
Page 16
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 6 Amendment of Introduction Agents Act 2001
[s 26]
(2) Section 19-- 1
insert-- 2
`(6) A requirement mentioned in subsection (2)(c)(ii) is 3
sufficiently made of the applicant if it is made generally of 4
applicants in the approved form or notified on the 5
department's web site.'. 6
Clause 26 Amendment of s 23 (Inquiries about applicant's suitability 7
to hold licence) 8
(1) Section 23(2), `written'-- 9
omit. 10
(2) Section 23(4), from `offence'-- 11
omit, insert-- 12
`offence.'. 13
(3) Section 23(4)-- 14
renumber as section 23(5). 15
(4) Section 23-- 16
insert-- 17
`(4) If the criminal history of the applicant or the named associated 18
person includes a conviction recorded against the applicant or 19
the named associated person, the commissioner's report must 20
be written.'. 21
Clause 27 Insertion of new ss 23A and 23B 22
After section 23-- 23
insert-- 24
`23A Costs of criminal history report 25
`(1) The chief executive may require an applicant to pay the 26
reasonable, but no more than actual, costs of obtaining a 27
report under section 23 about the applicant or an associated 28
person of the applicant. 29
Page 17
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 6 Amendment of Introduction Agents Act 2001
[s 28]
`(2) The chief executive must refund to the applicant an amount 1
paid under the requirement if-- 2
(a) the chief executive refuses the application without 3
asking for the report; or 4
(b) the applicant withdraws the application before the chief 5
executive asks for the report. 6
`(3) In this section-- 7
applicant includes proposed applicant. 8
`23B Confidentiality of criminal history 9
`(1) A public service employee performing functions under this 10
Act must not, directly or indirectly, disclose to anyone else a 11
report about a person's criminal history, or information 12
contained in the report, given under section 23. 13
Maximum penalty--100 penalty units. 14
`(2) However, the person does not contravene subsection (1) if-- 15
(a) disclosure of the report or information to someone else 16
is authorised by the chief executive to the extent 17
necessary to perform a function under or in relation to 18
this Act; or 19
(b) the disclosure is otherwise required or permitted by law. 20
`(3) The chief executive must destroy a written report about a 21
person's criminal history as soon as practicable after 22
considering the person's suitability to hold a licence.'. 23
Clause 28 Amendment of s 25 (Renewal of licence) 24
(1) Section 25(2)(c)-- 25
omit, insert-- 26
`(c) be accompanied by-- 27
(i) the application fee prescribed under a regulation; 28
and 29
Page 18
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 7 Amendment of Partnership Act 1891
[s 29]
(ii) if, before or when the application is made, the chief 1
executive requires the payment of costs under 2
section 23A(1)--the amount of the costs required 3
to be paid.'. 4
(2) Section 25-- 5
insert-- 6
`(6) A requirement mentioned in subsection (2)(c)(ii) is 7
sufficiently made of the applicant if it is made generally of 8
applicants in the approved form or notified on the 9
department's web site.'. 10
Clause 29 Amendment of s 26 (Grounds for suspending, cancelling, 11
refusing to renew or imposing conditions on a licence) 12
Section 26(a), from `licence' to `incorrect'-- 13
omit, insert-- 14
`licence, or a renewal of the licence, was obtained because of 15
materially incorrect'. 16
Part 7 Amendment of Partnership Act 17
1891 18
Clause 30 Act amended in pt 7 19
This part amends the Partnership Act 1891. 20
Clause 31 Amendment of s 70 (Definitions for ch 4) 21
Section 70-- 22
insert-- 23
`ESVCLP means an ESVCLP within the meaning of the 24
Venture Capital Act 2002 (Cwlth).'. 25
Page 19
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 7 Amendment of Partnership Act 1891
[s 32]
Clause 32 Amendment of s 75 (Who may apply for registration) 1
Section 75(2)(a)(i) and (ii), after `VCLP'-- 2
insert-- 3
`, ESVCLP'. 4
Clause 33 Amendment of s 76 (How is an application made) 5
Section 76(4)(c) and (d), after `VCLP'-- 6
insert-- 7
`, ESVCLP'. 8
Clause 34 Amendment of s 83 (Powers of partnership) 9
Section 83(3), after `VCLP'-- 10
insert-- 11
`, ESVCLP'. 12
Clause 35 Amendment of s 87 (Limited partner not to take part in 13
the management of the incorporated limited partnership) 14
Section 87(3)(l), after `VCLP'-- 15
insert-- 16
`, ESVCLP'. 17
Clause 36 Amendment of s 97 (Winding up on chief executive's 18
certificate) 19
Section 97(1)(b), after `VCLP'-- 20
insert-- 21
`, ESVCLP'. 22
Page 20
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 37]
Clause 37 Amendment of s 109 (Lodgment of certain documents 1
with the chief executive) 2
Section 109(1) and (3)(a), after `VCLP'-- 3
insert-- 4
`, ESVCLP'. 5
Clause 38 Amendment of sch (Dictionary) 6
Schedule-- 7
insert-- 8
`ESVCLP, for chapter 4, see section 70.'. 9
Part 8 Amendment of Property Agents 10
and Motor Dealers Act 2000 11
Clause 39 Act amended in pt 8 12
This part amends the Property Agents and Motor Dealers Act 13
2000. 14
Clause 40 Amendment of s 5 (Exemption--public officials) 15
Section 5(3), definition bailiff, `District Court Act 1967'-- 16
omit, insert-- 17
`District Court of Queensland Act 1967'. 18
Clause 41 Amendment of s 21 (Steps involved in obtaining a 19
licence) 20
Section 21(2)(b)-- 21
omit, insert-- 22
`(b) paying-- 23
Page 21
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 42]
(i) the fees prescribed under a regulation; and 1
(ii) if, before or when the application is made, a 2
criminal history costs requirement is made of the 3
applicant--the amount of the costs required to be 4
paid; and'. 5
Clause 42 Amendment of s 22 (Application for licence) 6
(1) Section 22(2)(c)-- 7
renumber as section 22(2)(d). 8
(2) Section 22(2)-- 9
insert-- 10
`(c) if, before or when the application is made, a criminal 11
history costs requirement is made of the applicant--the 12
amount of the costs required to be paid; and'. 13
Clause 43 Amendment of s 32 (Investigations about suitability of 14
applicants and licensees) 15
(1) Section 32(1)(b) and (c)-- 16
renumber as section 32(1)(c) and (d). 17
(2) Section 32(1)-- 18
insert-- 19
`(b) if the applicant or licensee intends carrying on, or 20
carries on, business in partnership or in conjunction with 21
others--each member of the partnership or each person 22
with whom the applicant or licensee intends carrying on, 23
or carries on, business in partnership or in conjunction;'. 24
(3) Section 32(2), `written'-- 25
omit. 26
(4) Section 32-- 27
insert-- 28
Page 22
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 44]
`(5) If the criminal history of the person includes a conviction 1
recorded against the person, the commissioner's report must 2
be written. 3
`(6) In this section-- 4
applicant includes a nominated person mentioned in section 5
64(3), 65(4) or 66(4).'. 6
Clause 44 Insertion of new s 32A 7
After section 32-- 8
insert-- 9
`32A Costs of criminal history report 10
`(1) The chief executive may require an applicant or licensee to 11
pay the reasonable, but no more than actual, costs of obtaining 12
a report under section 32 about-- 13
(a) the applicant or licensee; or 14
(b) if the applicant or licensee intends carrying on, or 15
carries on, business in partnership or in conjunction with 16
others--each member of the partnership or each person 17
with whom the applicant or licensee intends carrying on, 18
or carries on, business in partnership or in conjunction; 19
or 20
(c) if the applicant or licensee is a corporation--the 21
corporation's executive officers; or 22
(d) a business associate of the applicant or licensee; or 23
(e) if the applicant has made an application under section 24
64(3), 65(4) or 66(4)--the person nominated by the 25
applicant under section 64(3), 65(4) or 66(4). 26
`(2) The requirement is a criminal history costs requirement. 27
`(3) The requirement is sufficiently made of the applicant or 28
licensee if it is made generally of applicants of that type in the 29
relevant approved form or notified on the department's web 30
site for applicants or licensees of that type. 31
Page 23
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 45]
`(4) The chief executive must refund to an applicant an amount 1
paid under the requirement if-- 2
(a) the chief executive refuses the application without 3
asking for the report; or 4
(b) the applicant withdraws the application before the chief 5
executive asks for the report. 6
`(5) In this section-- 7
applicant includes proposed applicant.'. 8
Clause 45 Amendment of s 33 (Criminal history is confidential 9
document) 10
(1) Section 33, heading-- 11
omit, insert-- 12
`33 Confidentiality of criminal history'. 13
(2) Section 33(3), `the report'-- 14
omit, insert-- 15
`a written report about a person's criminal history'. 16
Clause 46 Amendment of s 57 (Application for renewal) 17
(1) Section 57(2)(d)-- 18
insert-- 19
`(iv) if, before or when the application is made, a 20
criminal history costs requirement is made of the 21
licensee--the amount of the costs required to be 22
paid.'. 23
(2) Section 57(4A) to (6)-- 24
renumber as section 57(5) to (7). 25
Clause 47 Amendment of s 60 (Application for restoration) 26
(1) Section 60(1), `the licensee'-- 27
Page 24
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 48]
omit, insert-- 1
`the person (former licensee)'. 2
(2) Section 60(3), (4A) before `licensee'-- 3
insert-- 4
`former'. 5
(3) Section 60(2)(d) and (6), definition relevant audit period, 6
before `licensee's'-- 7
insert-- 8
`former'. 9
(4) Section 60(2)(e)(iv), from `licensee' to `licensee's'-- 10
omit, insert-- 11
`former licensee was required as a condition of the former 12
licensee's'. 13
(5) Section 60(2)(e)-- 14
insert-- 15
`(v) if, before or when the application is made, a 16
criminal history costs requirement is made of the 17
former licensee--the amount of the costs required 18
to be paid.'. 19
(6) Section 60(5), before `licensee', first and second mentions-- 20
insert-- 21
`former'. 22
Clause 48 Amendment of s 64 (Appointment of substitute 23
licensee--principal licensee--individual) 24
Section 64(5)(c)-- 25
omit, insert-- 26
`(c) the application fee prescribed under a regulation; and 27
Page 25
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 49]
(d) if, before or when the application is made, a criminal 1
history costs requirement is made of the principal 2
licensee--the amount of the costs required to be paid.'. 3
Clause 49 Amendment of s 65 (Appointment of substitute 4
licensee--employed licensee in charge of a licensee's 5
business at a place) 6
Section 65(5)(c)-- 7
omit, insert-- 8
`(c) the application fee prescribed under a regulation; and 9
(d) if, before or when the application is made, a criminal 10
history costs requirement is made of the principal 11
licensee--the amount of the costs required to be paid.'. 12
Clause 50 Amendment of s 66 (Appointment of substitute 13
licensee--pastoral house manager in charge of a 14
licensee's business at a place) 15
Section 66(5)(c)-- 16
omit, insert-- 17
`(c) the application fee prescribed under a regulation; and 18
(d) if, before or when the application is made, a criminal 19
history costs requirement is made of the pastoral 20
house--the amount of the costs required to be paid.'. 21
Clause 51 Amendment of s 67 (Chief executive may appoint or 22
refuse to appoint substitute licensee) 23
Section 67(2)(a), after `is'-- 24
insert-- 25
`, under part 4,'. 26
Page 26
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 52]
Clause 52 Amendment of s 74 (Immediate suspension) 1
Before section 74(1)(a)-- 2
insert-- 3
`(aa) the chief executive considers, on reasonable grounds, 4
that a licensee's licence was obtained, or renewed or 5
restored, because of materially incorrect or misleading 6
information; or'. 7
Clause 53 Amendment of s 84 (Application for registration) 8
(1) Section 84(2)(c)-- 9
renumber as section 84(2)(d). 10
(2) Section 84(2)-- 11
insert-- 12
`(c) if, before or when the application is made, a 13
criminal history costs requirement is made of the 14
applicant--the amount of the costs required to be 15
paid; and'. 16
Clause 54 Amendment of s 87 (Investigations about suitability of 17
applicants) 18
(1) Section 87(2), `written'-- 19
omit. 20
(2) Section 87-- 21
insert-- 22
`(5) If the criminal history of the applicant includes a conviction 23
recorded against the applicant, the commissioner's report 24
must be written.'. 25
Clause 55 Insertion of new s 87A 26
After section 87-- 27
insert-- 28
Page 27
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 56]
`87A Costs of criminal history report 1
`(1) The chief executive may require an applicant to pay the 2
reasonable, but no more than actual, costs of obtaining a 3
report under section 87 about the applicant. 4
`(2) The requirement is a criminal history costs requirement. 5
`(3) The requirement is sufficiently made of the applicant if it is 6
made generally of applicants for, or for the renewal or 7
restoration of, registration in the relevant approved form or 8
notified on the department's web site for applications of that 9
type. 10
`(4) The chief executive must refund to the applicant an amount 11
paid under the requirement if-- 12
(a) the chief executive refuses the application without 13
asking for the report; or 14
(b) the applicant withdraws the application before the chief 15
executive asks for the report. 16
`(5) In this section-- 17
applicant includes proposed applicant.'. 18
Clause 56 Amendment of s 88 (Criminal history is confidential 19
document) 20
(1) Section 88, heading-- 21
omit, insert-- 22
`88 Confidentiality of criminal history'. 23
(2) Section 88(3), `the report'-- 24
omit, insert-- 25
`a written report about a person's criminal history'. 26
Clause 57 Amendment of s 94 (Application for renewal) 27
Section 94(2)(d)-- 28
insert-- 29
Page 28
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 58]
`(iii) if, before or when the application is made, a 1
criminal history costs requirement is made of the 2
registered employee--the amount of the costs 3
required to be paid.'. 4
Clause 58 Amendment of s 97 (Application for restoration) 5
(1) Section 97(1), `the employee'-- 6
omit, insert-- 7
`the person (former employee)'. 8
(2) Section 97(2)(d), `the employee'-- 9
omit, insert-- 10
`former employee'. 11
(3) Section 97(2)(e)-- 12
insert-- 13
`(iv) if, before or when the application is made, a 14
criminal history costs requirement is made of the 15
former employee--the amount of the costs 16
required to be paid.'. 17
(4) Section 97(3), `the applicant'-- 18
omit, insert-- 19
`the former employee'. 20
Clause 59 Amendment of s 104 (Immediate suspension) 21
Before section 104(1)(a)-- 22
insert-- 23
`(aa) a registered employee's registration certificate, or a 24
renewal or restoration of the registration certificate, was 25
obtained because of materially incorrect or misleading 26
information; or'. 27
Page 29
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 8 Amendment of Property Agents and Motor Dealers Act 2000
[s 60]
Clause 60 Amendment of s 410 (Agreements with financial 1
institutions) 2
Section 410(2)-- 3
omit, insert-- 4
`(2) The chief executive may enter into an agreement only with the 5
Minister's approval.'. 6
Clause 61 Amendment of s 469 (Definitions for ch 14) 7
Section 469, definition complaint-- 8
omit, insert-- 9
`complaint, for a marketeer proceeding, see section 500B(1).'. 10
Clause 62 Amendment of s 477 (Inspector may investigate claims 11
and prepare report) 12
(1) Section 477, heading-- 13
omit, insert-- 14
`477 Inspector may investigate claims and report and related 15
documents may be referred to the tribunal'. 16
(2) Section 477-- 17
insert-- 18
`(4) The chief executive may also give documents relating to the 19
claim to the claimant and the respondent (the parties) and, if 20
the claim is to be decided by the tribunal, to the chairperson of 21
the tribunal whether or not a report is given to the parties and 22
the tribunal under subsection (3).'. 23
Clause 63 Amendment of s 485 (Registrar to fix hearing date and 24
issue attendance notices) 25
Section 485(3), after `respondent'-- 26
insert-- 27
`personally'. 28
Page 30
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 9 Residential Services (Accreditation) Act 2002
[s 64]
Clause 64 Amendment of s 496 (Grounds for starting disciplinary 1
proceedings) 2
Section 496(1)(e), after `a licence'-- 3
insert-- 4
`or registration certificate'. 5
Clause 65 Amendment of sch 2 (Dictionary) 6
(1) Schedule 2, definition approved financial institution-- 7
omit. 8
(2) Schedule 2-- 9
insert-- 10
`approved financial institution means a financial institution 11
that has entered into an agreement with the chief executive 12
under section 410. 13
criminal history costs requirement see-- 14
(a) generally for an applicant or licensee--section 32A(2); 15
or 16
(b) for an applicant for, or for the renewal or restoration of, 17
registration--section 87A(2).'. 18
(3) Schedule 2, definition former licensee, paragraph (b), `part 19
3,'-- 20
omit. 21
Part 9 Residential Services 22
(Accreditation) Act 2002 23
Clause 66 Act amended in pt 9 and schedule 24
This part and the schedule amend the Residential Services 25
(Accreditation) Act 2002. 26
Page 31
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 9 Residential Services (Accreditation) Act 2002
[s 67]
Clause 67 Amendment of s 10 (Application for registration) 1
(1) Section 10(2)(e)-- 2
omit, insert-- 3
`(e) be accompanied by-- 4
(i) the application fee prescribed under a regulation; 5
and 6
(ii) if, before or when the application is made, the chief 7
executive requires the payment of costs under 8
section 24A(1)--the amount of the costs required 9
to be paid.'. 10
(2) Section 10-- 11
insert-- 12
`(6) A requirement mentioned in subsection (2)(e)(ii) is 13
sufficiently made of the applicant if it is made generally of 14
applicants in the approved form or notified on the 15
department's web site.'. 16
Clause 68 Amendment of s 15 (Cancellation of registration by chief 17
executive) 18
Before section 15(1)(a)-- 19
insert-- 20
`(aa) the registration of the residential service, or the 21
registration under section 61 of a person as a service 22
provider for the registered service, was obtained because 23
of materially incorrect or misleading information; or'. 24
Clause 69 Amendment of s 24 (Obtaining criminal history report) 25
(1) Section 24(2), from `criminal' to `person'-- 26
omit, insert-- 27
`report about the criminal history of the person'. 28
Page 32
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 9 Residential Services (Accreditation) Act 2002
[s 70]
(2) Section 24-- 1
insert-- 2
`(4) If the criminal history of the person includes a conviction 3
recorded against the person, the report must be written.'. 4
Clause 70 Insertion of new s 24A 5
After section 24-- 6
insert-- 7
`24A Costs of criminal history report 8
`(1) The chief executive may require a service provider or an 9
applicant to pay the reasonable, but no more than actual, costs 10
of obtaining a report under section 24 about-- 11
(a) the service provider or the applicant; or 12
(b) a person the chief executive reasonably considers is an 13
associate of the service provider or the applicant. 14
`(2) The chief executive must refund to an applicant an amount 15
paid under the requirement if-- 16
(a) the chief executive refuses the application without 17
asking for the report; or 18
(b) the applicant withdraws the application before the chief 19
executive asks for the report. 20
`(3) In this section-- 21
applicant includes proposed applicant.'. 22
Clause 71 Amendment of s 27 (Destruction of criminal history 23
report) 24
(1) Section 27, heading, before `criminal'-- 25
insert-- 26
`written'. 27
Page 33
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 10 Amendment of Retirement Villages Act 1999
[s 72]
(2) Section 27(1), before `criminal'-- 1
insert-- 2
`written'. 3
Clause 72 Amendment of s 61 (Becoming a service provider) 4
(1) Section 61(2)(f)-- 5
omit, insert-- 6
`(f) be accompanied by-- 7
(i) the application fee prescribed under a regulation; 8
and 9
(ii) if, before or when the application is made, the chief 10
executive requires the payment of costs under 11
section 24A(1)--the amount of the costs required 12
to be paid.'. 13
(2) Section 61-- 14
insert-- 15
`(8) A requirement mentioned in subsection (2)(f)(ii) is 16
sufficiently made of the applicant if it is made generally of 17
applicants in the approved form or notified on the 18
department's web site.'. 19
Part 10 Amendment of Retirement 20
Villages Act 1999 21
Clause 73 Act amended in pt 10 and schedule 22
This part and the schedule amend the Retirement Villages Act 23
1999. 24
Page 34
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 10 Amendment of Retirement Villages Act 1999
[s 74]
Clause 74 Amendment of s 27 (Application for registration of a 1
retirement village scheme) 2
(1) Section 27(2)(c)-- 3
omit, insert-- 4
`(c) the application fee prescribed under a regulation; and 5
(d) if, before or when the application is made, the chief 6
executive requires the payment of costs under section 7
88AA(1)--the amount of the costs required to be paid.'. 8
(2) Section 27-- 9
insert-- 10
`(3) A requirement mentioned in subsection (2)(d) is sufficiently 11
made of the applicant if it is made generally of applicants in 12
the approved form or notified on the department's web site.'. 13
Clause 75 Amendment of s 88A (Investigations about scheme 14
operators etc.) 15
(1) Section 88A(1), `written'-- 16
omit. 17
(2) Section 88A-- 18
insert-- 19
`(4) If the criminal history of the person includes a conviction 20
recorded against the person, the commissioner's report must 21
be written.'. 22
Clause 76 Insertion of new s 88AA 23
After section 88A-- 24
insert-- 25
`88AA Costs of criminal history report 26
`(1) The chief executive may require an applicant for the 27
registration of a retirement village scheme to pay the 28
Page 35
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 10 Amendment of Retirement Villages Act 1999
[s 77]
reasonable, but no more than actual, costs of obtaining a 1
report under section 88A about the applicant. 2
`(2) The chief executive must refund to the applicant an amount 3
paid under the requirement if-- 4
(a) the chief executive refuses the application without 5
asking for the report; or 6
(b) the applicant withdraws the application before the chief 7
executive asks for the report. 8
`(3) In this section-- 9
applicant includes proposed applicant.'. 10
Clause 77 Amendment of s 88B (Criminal history is confidential 11
document) 12
(1) Section 88B, heading-- 13
omit, insert-- 14
`88B Confidentiality of criminal history'. 15
(2) Section 88B(3), `the report'-- 16
omit, insert-- 17
`a written report about a person's criminal history'. 18
Clause 78 Amendment of s 90C (Responsibility of former resident 19
for capital improvement) 20
Section 90C, `stops being responsible, under section 21
104(3)'-- 22
omit, insert-- 23
`ceases to be liable, under section 104(2)(b)'. 24
Page 36
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 11 Amendment of Second-hand Dealers and Pawnbrokers Act 2003
[s 79]
Part 11 Amendment of Second-hand 1
Dealers and Pawnbrokers Act 2
2003 3
Clause 79 Act amended in pt 11 4
This part amends the Second-hand Dealers and Pawnbrokers 5
Act 2003. 6
Clause 80 Amendment of s 8 (Investigations about suitability of 7
applicants and licensees) 8
(1) Section 8(2), `written'-- 9
omit. 10
(2) Section 8-- 11
insert-- 12
`(5) If the criminal history of the person includes a conviction 13
recorded against the person, the commissioner's report must 14
be written.'. 15
Clause 81 Insertion of new s 8A 16
After section 8-- 17
insert-- 18
`8A Costs of criminal history report 19
`(1) The chief executive may require an applicant or licensee to 20
pay the reasonable, but no more than actual, costs of obtaining 21
a report under section 8 about-- 22
(a) the applicant or licensee; or 23
(b) an associate of the applicant or licensee. 24
`(2) The chief executive must refund to an applicant an amount 25
paid under the requirement if-- 26
(a) the chief executive refuses the application without 27
asking for the report; or 28
Page 37
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 11 Amendment of Second-hand Dealers and Pawnbrokers Act 2003
[s 82]
(b) the applicant withdraws the application before the chief 1
executive asks for the report. 2
`(3) In this section-- 3
applicant includes proposed applicant.'. 4
Clause 82 Amendment of s 9 (Criminal history is a confidential 5
document) 6
(1) Section 9, heading-- 7
omit, insert-- 8
`9 Confidentiality of criminal history'. 9
(2) Section 9(3), `the report'-- 10
omit, insert-- 11
`a written report about a person's criminal history'. 12
Clause 83 Amendment of s 10 (Application for licence) 13
(1) Section 10(2)(c)-- 14
omit, insert-- 15
`(c) be accompanied by-- 16
(i) the application fee prescribed under a regulation; 17
and 18
(ii) if, before or when the application is made, the chief 19
executive requires the payment of costs under 20
section 8A(1)--the amount of the costs required to 21
be paid.'. 22
(2) Section 10-- 23
insert-- 24
`(3) A requirement mentioned in subsection (2)(c)(ii) is 25
sufficiently made of the applicant if it is made generally of 26
applicants in the approved form or notified on the 27
department's web site.'. 28
Page 38
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 11 Amendment of Second-hand Dealers and Pawnbrokers Act 2003
[s 84]
Clause 84 Amendment of s 13 (Renewal of licence) 1
(1) Section 13(2)(d)-- 2
omit, insert-- 3
`(d) be accompanied by-- 4
(i) the application fee prescribed under a regulation; 5
and 6
(ii) if, before or when the application is made, the chief 7
executive requires the payment of costs under 8
section 8A(1)--the amount of the costs required to 9
be paid.'. 10
(2) Section 13-- 11
insert-- 12
`(3) A requirement mentioned in subsection (2)(d)(ii) is 13
sufficiently made of the applicant if it is made generally of 14
applicants in the approved form or notified on the 15
department's web site.'. 16
Clause 85 Amendment of s 14 (Restoration of licence) 17
(1) Section 14(2)(d)-- 18
omit, insert-- 19
`(d) be accompanied by-- 20
(i) the application fee prescribed under a regulation; 21
and 22
(ii) if, before or when the application is made, the chief 23
executive requires the payment of costs under 24
section 8A(1)--the amount of the costs required to 25
be paid.'. 26
(2) Section 14-- 27
insert-- 28
`(3) A requirement mentioned in subsection (2)(d)(ii) is 29
sufficiently made of the applicant if it is made generally of 30
Page 39
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 12 Amendment of Security Providers Act 1993
[s 86]
applicants in the approved form or notified on the 1
department's web site.'. 2
Clause 86 Amendment of s 19 (Grounds for suspending, cancelling, 3
refusing to renew or restore, or imposing conditions on a 4
licence) 5
Section 19(1)(a), from `licence' to `incorrect'-- 6
omit, insert-- 7
`licence, or a renewal or restoration of the licence, was 8
obtained because of materially incorrect'. 9
Part 12 Amendment of Security 10
Providers Act 1993 11
Clause 87 Act amended in pt 12 12
This part amends the Security Providers Act 1993. 13
Clause 88 Amendment of s 10 (Application) 14
(1) Section 10-- 15
insert-- 16
`(2A) If, before or when the application is made, the chief executive 17
requires the payment of costs under section 12AA(1), the 18
application must also be accompanied by the amount of the 19
costs required to be paid. 20
`(7) A requirement mentioned in subsection (2A) is sufficiently 21
made of the applicant if it is made generally of applicants in 22
the approved form or notified on the department's web site.'. 23
Clause 89 Amendment of s 11 (Entitlement to licences--individuals) 24
(1) Section 11(5), from `convicted of'-- 25
Page 40
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 12 Amendment of Security Providers Act 1993
[s 90]
omit, insert-- 1
`a disqualifying offence.'. 2
(2) Section 11(6), definition relevant offence, from `offence,' to 3
`Queensland,'-- 4
omit, insert-- 5
`offence'. 6
(3) Section 11(6), definitions relevant offence and unrecorded 7
finding of guilt-- 8
relocate to schedule 2. 9
Clause 90 Insertion of new s 12AA 10
After section 12-- 11
insert-- 12
`12AA Costs of criminal history report 13
`(1) The chief executive may require an applicant or licensee to 14
pay the reasonable, but no more than actual, costs of obtaining 15
a report under section 12 about-- 16
(a) the applicant or licensee; or 17
(b) if the applicant or licensee is a corporation--an officer 18
of the corporation; or 19
(c) if the applicant or licensee is a partnership--a partner in 20
the partnership. 21
`(2) The chief executive must refund to an applicant an amount 22
paid under the requirement if-- 23
(a) the chief executive refuses the application without 24
asking for the report; or 25
(b) the applicant withdraws the application before the chief 26
executive asks for the report. 27
`(3) In this section-- 28
applicant includes proposed applicant.'. 29
Page 41
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 12 Amendment of Security Providers Act 1993
[s 91]
Clause 91 Amendment of s 20 (Renewal of licence) 1
(1) After section 20(1)-- 2
insert-- 3
`(1A) If, before or when the application is made, the chief executive 4
requires the payment of costs under section 12AA(1), the 5
application must be accompanied by the amount of the costs 6
required to be paid.'. 7
(2) Section 20-- 8
insert-- 9
`(6) A requirement mentioned in subsection (1A) is sufficiently 10
made of the applicant if it is made generally of applicants in 11
the approved form or notified on the department's web site.'. 12
Clause 92 Amendment of s 21 (Grounds for suspension, 13
cancellation or refusal to renew) 14
Section 21(1)(a), from `licence' to `incorrect'-- 15
omit, insert-- 16
`licence, or a renewal of the licence, was obtained because of 17
materially incorrect'. 18
Clause 93 Insertion of new pt 6 19
After part 5-- 20
insert-- 21
`Part 6 Declaratory provision 22
`64 Declaratory provision for s 29 23
`(1) To remove any doubt, it is declared that the amending 24
provision had effect, on the commencement, to omit section 25
29 as in force immediately before the commencement and to 26
insert section 29 as set out in the amending provision. 27
Page 42
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 12 Amendment of Security Providers Act 1993
[s 94]
`(2) In this section-- 1
amending provision means the Security Providers 2
Amendment Act 2007, section 27. 3
commencement means the commencement of the amending 4
provision.'. 5
Clause 94 Amendment of sch 1, pt 1 (Existing provisions) 6
(1) Schedule 1, part 1-- 7
insert-- 8
`9A Chapter 33A (Unlawful stalking)'. 9
(2) Schedule 1, part 1, item 5, `Suicide--Concealment'-- 10
omit, insert-- 11
`suicide--concealment'. 12
(3) Schedule 1, part 1, item 12, `Extortion'-- 13
omit, insert-- 14
`extortion'. 15
(4) Schedule 1, part 1, item 15, after `Receiving'-- 16
insert-- 17
`property'. 18
Clause 95 Amendment of sch 2 (Dictionary) 19
Schedule 2, definition disqualifying offence-- 20
omit, insert-- 21
`disqualifying offence-- 22
(a) means an offence-- 23
(i) under the Weapons Act 1990 that is punishable by 24
imprisonment for 1 year or more, even if a fine 25
may be imposed in addition or as an alternative; or 26
Page 43
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 13 Amendment of Tourism Services Act 2003
[s 96]
(ii) under the Drugs Misuse Act 1986 that is 1
punishable by imprisonment for 1 year or more, 2
even if a fine may be imposed in addition or as an 3
alternative; or 4
(iii) against a provision of the Criminal Code 5
mentioned in schedule 1; or 6
(iv) against the Police Service Administration Act 1990, 7
section 10.19(b), (c), (d), (e) or (f); and 8
(b) includes an act or omission committed outside 9
Queensland that would be a disqualifying offence if 10
committed in Queensland.'. 11
Part 13 Amendment of Tourism 12
Services Act 2003 13
Clause 96 Act amended in pt 13 14
This part amends the Tourism Services Act 2003. 15
Clause 97 Omission of s 11 (Notes in text) 16
Section 11-- 17
omit. 18
Clause 98 Amendment of s 15 (Inquiries about applicant's suitability 19
to hold registration) 20
(1) Section 15(2), `written'-- 21
omit. 22
(2) Section 15(4) and (5)-- 23
renumber as section 15(5) and (6). 24
Page 44
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 13 Amendment of Tourism Services Act 2003
[s 99]
(3) Section 15-- 1
insert-- 2
`(4) If the criminal history of the applicant or the named associated 3
person includes a conviction recorded against the applicant or 4
the named associated person, the commissioner's report must 5
be written.'. 6
Clause 99 Insertion of new s 15A 7
Part 3, division 2-- 8
insert-- 9
`15A Costs of criminal history report 10
`(1) The chief executive may require an applicant to pay the 11
reasonable, but no more than actual, costs of obtaining a 12
report under section 15 about the applicant or an associated 13
person of the applicant. 14
`(2) The chief executive must refund to the applicant an amount 15
paid under the requirement if-- 16
(a) the chief executive refuses the application without 17
asking for the report; or 18
(b) the applicant withdraws the application before the chief 19
executive asks for the report. 20
`(3) In this section-- 21
applicant includes proposed applicant.'. 22
Clause 100 Amendment of s 20 (Application for registration) 23
(1) Section 20(2)(c)-- 24
omit, insert-- 25
`(c) be accompanied by-- 26
(i) the application fee prescribed under a regulation; 27
and 28
Page 45
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 13 Amendment of Tourism Services Act 2003
[s 101]
(ii) the registration issue fee prescribed under a 1
regulation; and 2
(iii) if, before or when the application is made, the chief 3
executive requires the payment of costs under 4
section 15A(1)--the amount of the costs required 5
to be paid.'. 6
(2) Section 20-- 7
insert-- 8
`(7) A requirement mentioned in subsection (2)(c)(iii) is 9
sufficiently made of the applicant if it is made generally of 10
applicants in the approved form or notified on the 11
department's web site.'. 12
Clause 101 Amendment of s 22 (Application for renewal of 13
registration) 14
(1) Section 22(2)(c)-- 15
omit, insert-- 16
`(c) be accompanied by-- 17
(i) the registration renewal fee prescribed under a 18
regulation; and 19
(ii) if, before or when the application is made, the chief 20
executive requires the payment of costs under 21
section 15A(1)--the amount of the costs required 22
to be paid.'. 23
(2) Section 22-- 24
insert-- 25
`(7) A requirement mentioned in subsection (2)(c)(ii) is 26
sufficiently made of the applicant if it is made generally of 27
applicants in the approved form or notified on the 28
department's web site.'. 29
Page 46
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 14 Amendment of Travel Agents Act 1988
[s 102]
Clause 102 Amendment of s 82 (Grounds for starting disciplinary 1
proceedings) 2
Section 82(1)(b), after `registration'-- 3
insert-- 4
`, or a renewal of registration,'. 5
Part 14 Amendment of Travel Agents 6
Act 1988 7
Clause 103 Act amended in pt 14 and schedule 8
This part and the schedule amend the Travel Agents Act 1988. 9
Clause 104 Amendment of s 6 (Definitions) 10
Section 6-- 11
insert-- 12
`criminal history, of a person, means a person's criminal 13
history as defined under the Criminal Law (Rehabilitation of 14
Offenders) Act 1986, other than spent convictions. 15
spent conviction means a conviction-- 16
(a) for which the rehabilitation period under the Criminal 17
Law (Rehabilitation of Offenders) Act 1986 has expired 18
under that Act; and 19
(b) that is not revived as prescribed by section 11 of that 20
Act.'. 21
Clause 105 Amendment of s 14 (Application for a licence) 22
(1) Section 14(1)(c)-- 23
omit, insert-- 24
`(c) be accompanied by-- 25
Page 47
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 14 Amendment of Travel Agents Act 1988
[s 106]
(i) the application fee prescribed under a regulation; 1
and 2
(ii) if, before or when the application is made, the chief 3
executive requires the payment of costs under 4
section 15B(1)--the amount of the costs required 5
to be paid.'. 6
(2) Section 14-- 7
insert-- 8
`(6) A requirement mentioned in subsection (1)(c)(ii) is 9
sufficiently made of the applicant if it is made generally of 10
applicants in the approved form or notified on the 11
department's web site.'. 12
Clause 106 Insertion of new ss 15A15C 13
After section 15-- 14
insert-- 15
`15A Investigation of applicants 16
`(1) The commissioner may make investigations about a person to 17
help the commissioner decide whether the person-- 18
(a) is a fit and proper person for the grant of an application 19
for registration, or renewal of registration; or 20
(b) continues to be a fit and proper person. 21
`(2) Without limiting subsection (1) or section 15, the 22
commissioner may ask the commissioner of the police service 23
for a report about the criminal history of the person. 24
`(3) If the criminal history of the person includes a conviction 25
recorded against the person, the commissioner's report must 26
be written. 27
Page 48
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 14 Amendment of Travel Agents Act 1988
[s 106]
`15B Costs of criminal history report 1
`(1) The commissioner may require a person mentioned in section 2
15A(1) to pay the reasonable, but no more than actual, costs 3
of obtaining a report under section 15A about the person. 4
`(2) The commissioner must refund to a person who is an 5
applicant an amount paid under the requirement if-- 6
(a) the commissioner refuses the application without asking 7
for the report; or 8
(b) the person withdraws the application before the 9
commissioner asks for the report. 10
`15C Confidentiality of criminal history 11
`(1) A public service employee performing functions under this 12
Act must not, directly or indirectly, disclose to anyone else a 13
report about a person's criminal history, or information 14
contained in the report, given under section 15A. 15
Maximum penalty--100 penalty units. 16
`(2) However, the person does not contravene subsection (1) if-- 17
(a) disclosure of the report or information to someone else 18
is authorised by the commissioner to the extent 19
necessary to perform a function under or in relation to 20
this Act; or 21
(b) the disclosure is otherwise required or permitted by law. 22
`(3) The commissioner must destroy a written report about a 23
person's criminal history as soon as practicable after it is no 24
longer needed for the purpose for which it was requested.'. 25
Page 49
Justice (Fair Trading) Legislation Amendment Bill 2008
Part 15 Other minor amendments
[s 107]
Part 15 Other minor amendments 1
Clause 107 Acts amended in schedule 2
(1) The schedule amends the Acts it mentions. 3
(2) However, subsection (1) does not apply in relation to a 4
particular Act if another provision of this Act states that the 5
schedule amends the particular Act. 6
Page 50
Justice (Fair Trading) Legislation Amendment Bill 2008
Schedule
Schedule Minor amendments 1
sections 3, 11, 66, 73, 103 and 107(1) 2
Body Corporate and Community Management Act 3
1997 4
1 Chapter 3, part 2, division 6, heading-- 5
omit. 6
2 Section 293, before `the Uniform Civil Procedure Rules 7
1999'-- 8
insert-- 9
`(a)'. 10
3 Section 294(1)(c), `direction'-- 11
omit, insert-- 12
`directions'. 13
4 Schedule 1A, heading, after `section 101B and'-- 14
insert-- 15
`schedule 6,'. 16
Building Units and Group Titles Act 1980 17
1 Part 7, heading, `provisions'-- 18
omit, insert-- 19
`provision'. 20
Page 51
Justice (Fair Trading) Legislation Amendment Bill 2008
Schedule
Commercial and Consumer Tribunal Act 2003 1
1 Section 156, heading, `pt 9'-- 2
omit, insert-- 3
`div 1'. 4
2 Section 156, `In this part'-- 5
omit, insert-- 6
`In this division'. 7
3 Schedule 2, definition public examination, `division 4'-- 8
omit, insert-- 9
`division 3'. 10
Liens on Crops of Sugar Cane Act 1931 11
1 Section 25, heading, `Regulations'-- 12
omit, insert-- 13
`Regulation-making power'. 14
Residential Services (Accreditation) Act 2002 15
1 Section 4(5)(i), `; or'-- 16
omit, insert-- 17
`;'. 18
Page 52
Justice (Fair Trading) Legislation Amendment Bill 2008
Schedule
Retail Shop Leases Act 1994 1
1 Section 116(4), after `reasonable', first mention-- 2
insert-- 3
`and'. 4
Retirement Villages Act 1999 5
1 Section 53(3), `terminated on the'-- 6
omit, insert-- 7
`terminated'. 8
2 Section 194(2)(a), `; or'-- 9
omit, insert-- 10
`;'. 11
3 Section 210(1)(b), `District Court Act 1967'-- 12
omit, insert-- 13
`District Court of Queensland Act 1967'. 14
4 Schedule, definitions conviction and relevant conviction, 15
after `conviction'-- 16
insert-- 17
`,'. 18
Page 53
Justice (Fair Trading) Legislation Amendment Bill 2008
Schedule
5 Schedule, definition insolvent under administration, `for 1
part 5, division 1'-- 2
omit, insert-- 3
`, for part 5, division 1,'. 4
Travel Agents Act 1988 5
1 Sections 9(2)(a) and (b), 26(3)(a) and 36(1)(a), after `;'-- 6
insert-- 7
`or'. 8
2 Section 56, `In'-- 9
omit, insert-- 10
`Each of the following applies in'. 11
© State of Queensland 2008
Page 54
[Index] [Search] [Download] [Related Items] [Help]