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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Tourism, Fair Trading and
Wine Industry Development
(Miscellaneous Provisions)
Bill 2004
Queensland
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions)
Bill 2004
Contents
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Acts amended in schedule. . . . . . . . . . . . . . . . . 4
Schedule Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Associations Incorporation Act 1981 . . . . . . . . . . . . . . . 5
Bills of Sale and Other Instruments Act 1955 . . . . . . . . . 5
Body Corporate and Community Management Act 1997 5
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Building Units and Group Titles Act 1980 . . . . . . . . . . . . 8
Business Names Act 1962 . . . . . . . . . . . . . . . . . . . . . . . 15
Charitable Funds Act 1958 . . . . . . . . . . . . . . . . . . . . . . . 17
Collections Act 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Commercial and Consumer Tribunal Act 2003 . . . . . . . . 18
Cooperatives Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Fair Trading Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Funeral Benefit Business Act 1982. . . . . . . . . . . . . . . . . 23
Introduction Agents Act 2001 . . . . . . . . . . . . . . . . . . . . . 26
Land Sales Act 1984. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Liquor Act 1992. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Manufactured Homes (Residential Parks) Act 2003 . . . . 29
Motor Vehicles and Boats Securities Act 1986 . . . . . . . . 31
Property Agents and Motor Dealers Act 2000 . . . . . . . . 31
Racing Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
2
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Residential Services (Accreditation) Act 2002 . . . . . . . . 47
Retirement Villages Act 1999 . . . . . . . . . . . . . . . . . . . . . 48
Second-hand Dealers and Pawnbrokers Act 2003 . . . . . 48
Security Providers Act 1993 . . . . . . . . . . . . . . . . . . . . . . 49
Tourism Services Act 2003 . . . . . . . . . . . . . . . . . . . . . . . 49
Wine Industry Act 1994. . . . . . . . . . . . . . . . . . . . . . . . . . 50
2004
A Bill
for
An Act to amend legislation administered by the Minister for
Tourism, Fair Trading and Wine Industry Development, and for
other purposes
s1 4 s2
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Tourism, Fair Trading and Wine 3
Industry Development (Miscellaneous Provisions) Act 2004. 4
Clause 2 Acts amended in schedule 5
The schedule amends the Acts mentioned in it. 6
5
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule Acts amended 1
section 2 2
Associations Incorporation Act 1981 3
1 Section 59(1)(b)(iii), `section 1280(2)(a)(ii) of the 4
Corporations Act'-- 5
omit, insert-- 6
`the Corporations Act, section 1280(2A)(a)1'. 7
Bills of Sale and Other Instruments Act 1955 8
Section 18I(8), `subsection (4)'--
1 9
omit, insert-- 10
`subsection (5)'. 11
Body Corporate and Community Management Act 12
1997 13
1 Section 28, `Land Title Act 1997'-- 14
omit, insert-- 15
`Land Title Act'. 16
2 Section 126(5)(a), `act in'-- 17
omit, insert-- 18
`act'. 19
1 Corporations Act, section 1280 (Registration of auditors)
6
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
3 Section 355(1), `section 243(5)'-- 1
omit, insert-- 2
`the repealed section 194(5)2'. 3
4 Section 355(2), `section'-- 4
omit, insert-- 5
`part'. 6
5 Schedule 6, definition body corporate information 7
certificate, `205(3)'-- 8
omit, insert-- 9
`205(4)'. 10
Building Act 1975 11
1 Section 3(1), definition tribunal (both definitions)-- 12
omit. 13
2 Section 3(1)-- 14
insert-- 15
`building and development tribunal means a building and 16
development tribunal established under the Integrated 17
Planning Act 1997, section 4.2.1. 18
Commercial and Consumer Tribunal means the Commercial 19
and Consumer Tribunal under the Tribunal Act.'. 20
2 Section 194 (Notice of application to be given)
7
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
3 Section 3(1), definitions former building certifier, 1
paragraph (b)(ii) and professional misconduct, 2
paragraph (c), `tribunal'-- 3
omit, insert-- 4
`Commercial and Consumer Tribunal'. 5
4 Sections 8(1), 12I(5)(b), 12J(3)(b), 12K(2), 16D(2)(b), 20(1), 6
24(1) and 47(5), `tribunal'-- 7
omit, insert-- 8
`building and development tribunal'. 9
5 Section 12L(a), `the tribunal'-- 10
omit, insert-- 11
`a building and development tribunal'. 12
6 Sections 30B(2)(d), 40(6) and (7)(b), 41(2), 41A(1), 13
41B(2)(b), 42(1), 44(3), 45A(1), 45C(b), 63(2) and 65(1), 14
`tribunal'-- 15
omit, insert-- 16
`Commercial and Consumer Tribunal'. 17
7 Section 30B(2)(d), before `certifier'-- 18
insert-- 19
`building'. 20
8 Section 42, heading, `Tribunal'-- 21
omit, insert-- 22
`Commercial and Consumer Tribunal'. 23
8
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
9 Sections 45(1), 45B and 62(1), `tribunal', first mention-- 1
omit, insert-- 2
`Commercial and Consumer Tribunal'. 3
10 Section 45B, heading, `tribunal's'-- 4
omit, insert-- 5
`Commercial and Consumer Tribunal's'. 6
Building Units and Group Titles Act 1980 7
1 Section 5(7E), penalty-- 8
omit, insert-- 9
`Maximum penalty--131/3 penalty units.' 10
2 Section 7(1)-- 11
insert-- 12
`qualified auditor means-- 13
(a) a person registered as an auditor under the 14
Corporations Act; or 15
(b) a member of CPA Australia or the Institute of 16
Chartered Accountants in Australia; or 17
(c) a member of the National Institute of Accountants, 18
other than an associate, who has satisfactorily 19
completed an auditing component of a course of 20
study in accountancy of at least 3 years duration at 21
a tertiary level conducted by a prescribed 22
university or other prescribed institution under the 23
Corporations Act, section 1280(2A)(a).3'. 24
3 Corporations Act, section 1280 (Registration of auditors)
9
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
3 Section 29(2)(h)-- 1
omit, insert-- 2
`(h) to decide whether to appoint a person to audit the books 3
and accounts of the body corporate;'. 4
4 Section 29, after subsection (2)-- 5
insert-- 6
`(2AA) For subsection (2)(h), only a qualified auditor may be 7
appointed to audit the books and accounts of the body 8
corporate.'. 9
5 Section 36(2), penalty-- 10
omit, insert-- 11
`Maximum penalty--22/3 penalty units.'. 12
6 Section 44(2) and (5), penalty-- 13
omit, insert-- 14
`Maximum penalty--62/3 penalty units.'. 15
7 Section 71(2), penalty-- 16
omit, insert-- 17
`Maximum penalty--62/3 penalty units.'. 18
8 Section 76(7), penalty-- 19
omit, insert-- 20
`Maximum penalty for subsection (7)--62/3 penalty units.'. 21
10
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
9 Section 94B, from `person' to `1946'-- 1
omit, insert-- 2
`qualified auditor'. 3
10 Section 103(3), penalty, paragraph (a), `$1 000'-- 4
omit, insert-- 5
`131/3 penalty units'. 6
11 Section 103(3), penalty, paragraph (b), `$500'-- 7
omit, insert-- 8
`62/3 penalty units'. 9
12 Section 104(2), penalty, `$500'-- 10
omit, insert-- 11
`62/3 penalty units'. 12
13 Section 105(1), penalty, `$500'-- 13
omit, insert-- 14
`62/3 penalty units'. 15
14 Section 129(3), penalty-- 16
omit, insert-- 17
`Maximum penalty--22/3 penalty units.'. 18
15 Section 133(1), `$500'-- 19
omit, insert-- 20
`62/3 penalty units'. 21
11
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
16 Section 134(2), `$200'-- 1
omit, insert-- 2
`22/3 penalty units'. 3
17 Schedule 2, part 1, section 1, definition business, 4
`section 29(2)'-- 5
omit, insert-- 6
`section 29(2)4 of this Act'. 7
18 Schedule 2, part 1, section 3(1)(a), after `section 29(2)' 8
and `section 29(2A)'-- 9
insert-- 10
`of this Act'. 11
19 Schedule 2, part 1, section 3(1)(b)(i), `section 131'-- 12
omit, insert-- 13
`section 1315 of this Act'. 14
20 Schedule 2, part 1, section 3(2), `the Act'-- 15
omit, insert-- 16
`this Act'. 17
21 Schedule 2, part 1, section 5(1) and (2), after 18
`section 131'-- 19
insert-- 20
`of this Act'. 21
4 Section 29 (First annual general meeting of body corporate)
5 Section 131 (Voting rights of first mortgagees)
12
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
22 Schedule 2, part 1, section 5(3), `section 53(11)'-- 1
omit, insert-- 2
`section 53(11)6 of this Act'. 3
23 Schedule 2, part 1, section 5(7), after `section 53(11) 4
and (12)'-- 5
insert-- 6
`of this Act'. 7
24 Schedule 2, part 2, section 1(5)(a), `section 38D(1)(c)'-- 8
omit, insert-- 9
`section 38D(1)(c)7 of this Act'. 10
25 Schedule 2, part 2, section 1(5)(ba), from `person' to 11
`1946'-- 12
omit, insert-- 13
`qualified auditor'. 14
26 Schedule 2, part 2, section 1(6)(a)(ii), `section 43(4)'-- 15
omit, insert-- 16
`section 43(4)8 of this Act'. 17
6 Section 53 (Notices to be given by proprietors and mortgagees)
7 Section 38D (Duty of body corporate as to keeping records, convening meetings
etc.)
8 Section 43 (Vacation of office of member of committee)
13
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
27 Schedule 2, part 2, section 1(6)(c)(i), `section 131'-- 1
omit, insert-- 2
`section 1319 of this Act'. 3
28 Schedule 2, part 2, section 2(1), after `section 131'-- 4
insert-- 5
`of this Act'. 6
29 Schedule 2, part 2, section 2(3), after `section 53(11)'-- 7
insert-- 8
`of this Act'. 9
30 Schedule 2, part 2, section 2(7), after `section 53(11) 10
and (12)'-- 11
insert-- 12
`of this Act'. 13
31 Schedule 3, section 2, `section 30(7)'-- 14
omit, insert-- 15
`section 30(7)10 of this Act'. 16
32 Schedule 4, section 1, `50'-- 17
omit, insert-- 18
`5011 of this Act'. 19
9 Section 131 (Voting rights of first mortgagees)
10 Section 30 (By-laws)
11 Sections 46 (Committee's decisions to be decisions of body corporate),
48 (Restrictions imposed on committee by body corporate) and 50 (Body corporate
manager)
14
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
33 Schedule 4, section 7, `section 45(3)'-- 1
omit, insert-- 2
`section 45(3)12 of this Act'. 3
34 Schedule 4, section 10(d), `section 40(1)(a) and (b)'-- 4
omit, insert-- 5
`section 40(1)(a) and (b)13 of this Act'. 6
35 Schedule 4, section 10(g), `43(3) of the Act'-- 7
omit, insert-- 8
`43(3)14 of this Act'. 9
36 Schedule 4, section 11(c), after `section 40(1)(c)'-- 10
insert-- 11
`of this Act'. 12
37 Schedule 4, section 11(d), after `section 38D(1)(b)' and 13
`section 38D(1)(c)'-- 14
insert-- 15
`of this Act'. 16
12 Section 45 (Meetings of committees)
13 Section 40 (Supply of information, certificates and copies by body corporate)
14 Sections 5 (Savings and transitional), 29 (First annual general meeting of body
corporate) and 43 (Vacation of office of member of committee)
15
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
Business Names Act 1962 1
1 Section 5(2)(a)(iv), at the end-- 2
insert-- 3
`or'. 4
2 Section 13(2), from `and shall not furnish'-- 5
omit. 6
3 Section 17-- 7
omit, insert-- 8
`17 False or misleading documents 9
`(1) A person must not give a document to the registrar containing 10
information that the person knows is false or misleading in a 11
material particular. 12
Maximum penalty--100 penalty units or 3 months 13
imprisonment. 14
`(2) Subsection (1) does not apply to a person if the person, when 15
giving the document-- 16
(a) tells the registrar, to the best of the person's ability, how 17
the document is false or misleading; and 18
(b) if the person has, or can reasonably obtain, the correct 19
information--gives the correct information to the 20
registrar. 21
`(3) It is enough for a complaint for an offence against 22
subsection (1) to state that the document given was `false or 23
misleading' to the person's knowledge, without specifying 24
which. 25
`(4) Subsection (5) applies if-- 26
(a) a person is convicted of an offence against 27
subsection (1); and 28
16
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
(b) the document was given to the registrar in relation to an 1
application for registration of a business name; and 2
(c) the person is the sole person or 1 of the persons in 3
relation to whom the business name is registered. 4
`(5) The court convicting the person may make an order directing 5
the registrar to cancel the registration of the business name. 6
`(6) If the registrar cancels the registration of the business name 7
under subsection (5), the registrar must give each person in 8
relation to whom the business name was registered, 9
immediately before the cancellation, written notice that the 10
registration has been cancelled under the order.'. 11
4 Sections 19A and 19B-- 12
renumber as sections 19B and 19C. 13
5 Insertion of new s 19A 14
After section 19-- 15
insert-- 16
`19A Cancellation of registration if proof of applicant's identity 17
was not provided 18
`(1) This section applies if a business name was registered in error 19
because section 7(2) was not complied with. 20
`(2) The registrar may give the person in relation to whom the 21
business name is registered written notice-- 22
(a) detailing the same proof of identity that has been 23
prescribed under a regulation for section 7(2); and 24
(b) requiring the person to give the registrar that proof of 25
the person's identity within 21 days after the notice is 26
given; and 27
(c) stating that the registrar must immediately cancel the 28
registration of the business name if the notice is not 29
complied with. 30
17
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
`(3) If the person fails to comply with the notice, the registrar 1
must-- 2
(a) immediately cancel the registration of the business 3
name; and 4
(b) give the person written notice that-- 5
(i) the registration is cancelled because the notice was 6
not complied with; and 7
(ii) the person may apply to the District Court for an 8
order directing the registrar to restore the 9
registration of the business name. 10
`(4) Section 19(3) to (5) applies to the cancellation as if it were a 11
cancellation under section 19.'. 12
Charitable Funds Act 1958 13
1 Section 24(2)(c)(iii), `section 1280(2)(a)(ii) of the 14
Corporations Act'-- 15
omit, insert-- 16
`the Corporations Act, section 1280(2A)(a)15'. 17
Collections Act 1966 18
1 Section 31(1)(f)(iii), `section 1280(2)(a)(ii) of the 19
Corporations Act'-- 20
omit, insert-- 21
`the Corporations Act, section 1280(2A)(a)16'. 22
15 Corporations Act, section 1280 (Registration of auditors)
16 Corporations Act, section 1280 (Registration of auditors)
18
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
Commercial and Consumer Tribunal Act 2003 1
1 Section 47(6), definition remote conferencing, 2
paragraph (c), `mediation'-- 3
omit, insert-- 4
`proceeding'. 5
2 Section 73, heading, `div 7'-- 6
omit, insert-- 7
`div 8'. 8
3 Section 76(2)(a), `Queensland Building Services Act 9
1991'-- 10
omit, insert-- 11
`Queensland Building Services Authority Act 1991'. 12
4 Section 97, `section 93, 95 or 96'-- 13
omit, insert-- 14
`section 94, 95 or 9617'. 15
5 Part 10, heading, `and consequential amendments'-- 16
omit. 17
17 Section 94 (Correcting mistakes), 95 (Reopening an order if party does not appear)
or 96 (Reopening an order if problems with interpretation or implementation)
19
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
Cooperatives Act 1997 1
1 Section 10(3)(c) and (d)-- 2
omit, insert-- 3
`(c) chapter 6CA; 4
(d) chapter 6D; 5
(e) part 7.10.18'. 6
2 Section 192B(1) to (6)-- 7
renumber as section 192B(1) to (7). 8
3 Section 256(1), `chapter 2L, chapter 6D and part 7.10,' and 9
footnote-- 10
omit, insert-- 11
`chapters 2L, 6CA and 6D and part 7.10,19'. 12
4 Section 266(3)-- 13
renumber as section 266(4). 14
5 Section 266(2)-- 15
omit, insert-- 16
`(2) The amount of a rebate payable to a member under 17
subsection (1)(a) may be applied-- 18
18 Corporations Act, part 1.2A (Disclosing entities), chapters 2L (Debentures), 6CA
(Continuous disclosure), 6D (Fundraising) and part 7.10 (Market misconduct and
other prohibited conduct relating to financial products and financial services)
19 Corporations Act, part 1.2A (Disclosing entities), chapters 2L (Debentures), 6CA
(Continuous disclosure), 6D (Fundraising) and part 7.10 (Market misconduct and
other prohibited conduct relating to financial products and financial services)
20
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
(a) in payment for the issue to the member of bonus shares, 1
with the consent of the member; or 2
(b) as a loan to the cooperative-- 3
(i) with the consent of the member; or 4
(ii) if the rules of the cooperative authorise the amount 5
of a rebate payable to a member under 6
subsection (1)(a) to be applied as a loan to the 7
cooperative. 8
`(3) The amount of a dividend payable to a member under 9
subsection (1)(c) may be applied-- 10
(a) in payment for the issue to the member of bonus shares, 11
with the consent of the member; or 12
(b) as a loan to the cooperative-- 13
(i) with the consent of the member; or 14
(ii) if the rules of the cooperative authorise the amount 15
of a dividend payable to a member under 16
subsection (1)(c) to be applied as a loan to the 17
cooperative.'. 18
6 Section 287(8), before `Corporations Law'-- 19
insert-- 20
`repealed'. 21
7 Section 329(1)-- 22
omit, insert-- 23
`(1) The provisions of the repealed Corporations Law, part 5.7A20 24
as in force on 30 June 2001 are adopted by this section and 25
apply to a cooperative in the same way as they applied to a 26
company.'. 27
20 Corporations Law, part 5.7A (Reciprocity with other jurisdictions)
21
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
Fair Trading Act 1989 1
1 Section 5-- 2
insert-- 3
`TPA means the Trade Practices Act 1974 (Cwlth).'. 4
2 Section 5A(a) and (b)-- 5
omit, insert-- 6
`(a) a reference to engaging in conduct is a reference to 7
doing or refusing to do an act, including-- 8
(i) the making of, or the giving effect to a provision 9
of, a contract or arrangement; and 10
(ii) the arriving at, or the giving effect to a provision 11
of, an understanding; and 12
(b) a reference to conduct, when used as a noun other than 13
in a reference to engaging in conduct, is a reference to 14
doing or refusing to do an act, including-- 15
(i) the making of, or the giving effect to a provision 16
of, a contract or arrangement; and 17
(ii) the arriving at, or the giving effect to a provision 18
of, an understanding; and'. 19
3 Section 25(1), after `term of'-- 20
insert-- 21
`up to'. 22
4 Section 26(2), from `or until' to `date'-- 23
omit. 24
22
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
5 Section 55(4), definition obscene material, paragraph (a), 1
`; or'-- 2
omit, insert-- 3
`; and'. 4
6 Sections 55B, 55C and 55D, heading, `--TPA s 61' 5
omit. 6
7 Section 71A(1), `exemption for'-- 7
omit, insert-- 8
`exemption from'. 9
8 Section 98, heading-- 10
omit, insert-- 11
`98 Injunctions--TPA ss 79(4) and 80'. 12
9 Section 103(1), `or the Supreme Court, a District Court or 13
Supreme Court judge'-- 14
omit, insert-- 15
`the Supreme Court, a District Court judge or a Supreme 16
Court judge'. 17
10 Section 108, after `because'-- 18
insert-- 19
`of'. 20
23
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
11 Amendment of s 112 (Evidence) 1
Section 112(1)(b)(ii), `that at any time before the 2
representation was made that the'-- 3
omit, insert-- 4
`that, at any time before the representation was made, the'. 5
12 Schedule 1, heading, `Schedule 1'-- 6
omit, insert-- 7
`Schedule'. 8
Funeral Benefit Business Act 1982 9
1 Section 5, definition authorised accountant, 10
paragraph (a), at the end-- 11
insert-- 12
`or'. 13
2 Section 5, definition registrar-- 14
omit, insert-- 15
`registrar means the registrar of funeral benefit businesses 16
under section 6.'. 17
3 Section 6-- 18
omit, insert-- 19
`6 Registrar 20
`The chief executive is the registrar of funeral benefit 21
businesses.'. 22
24
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
4 Section 14(2)(a) and (b), at the end-- 1
insert-- 2
`and'. 3
5 Section 14(3)(a), at the end-- 4
insert-- 5
`or'. 6
6 Section 15(1), `section 17(e)'-- 7
omit, insert-- 8
`section 17(1)(e)'. 9
7 Section 40(1)(c), at the end-- 10
insert-- 11
`or'. 12
8 Section 41(6A)(i) and (ii)-- 13
renumber as section 41(6A)(a) and (b). 14
9 Section 41(6A)(a), as renumbered, at the end-- 15
insert-- 16
`or'. 17
10 Section 44, after `corporation', second mention-- 18
insert-- 19
`to do either or both of the following'. 20
25
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
11 Section 50(5)(a) to (c), at the end-- 1
insert-- 2
`and'. 3
12 Section 51(3)(a)(i), at the end-- 4
insert-- 5
`or'. 6
13 Section 51(3)(a)(ii) and (b), at the end-- 7
insert-- 8
`and'. 9
14 Section 52(4)(a) and (6)(a), at the end-- 10
insert-- 11
`or'. 12
15 Section 67(1)(a), at the end-- 13
insert-- 14
`and'. 15
16 Section 68(1)(a) to (c), at the end-- 16
insert-- 17
`and'. 18
17 Section 71(a), at the end-- 19
insert-- 20
`or'. 21
26
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
18 Section 81(1), after `An inspector may'-- 1
insert-- 2
`do any of the following'. 3
19 Section 81(1)(a)(i) and (b)(i), at the end-- 4
insert-- 5
`or'. 6
20 Section 85(a) to (d), at the end-- 7
insert-- 8
`and'. 9
Introduction Agents Act 2001 10
1 Part 8, division 1, after section 89-- 11
insert-- 12
`89A Enforcement of undertakings 13
`(1) If the chief executive believes, on reasonable grounds, a 14
person has contravened a term of an undertaking given under 15
section 88, the chief executive may apply to the District Court 16
for an order under this section. 17
`(2) If the court is satisfied that the person has contravened the 18
term, the court may make 1 or more of the following orders-- 19
(a) an order directing the person to comply with the term; 20
(b) an order directing the person to pay to the State an 21
amount not more than the direct or indirect financial 22
benefit obtained by the person from, and reasonably 23
attributable to, the contravention; 24
(c) an order directing the person to pay compensation to 25
someone else who has suffered loss or damage because 26
of the contravention; 27
27
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
(d) an order directing the person to give a security bond to 1
the State for a stated period; 2
(e) another order the court considers appropriate. 3
`(3) The District Court may order the forfeiture to the State of all 4
or part of a security bond given by a person under 5
subsection (2)(d) if-- 6
(a) the chief executive applies to the court for the order; and 7
(b) the court is satisfied that the person contravened the 8
undertaking during the period for which the bond was 9
given. 10
`89B Register of undertakings 11
`(1) The chief executive must keep a register of each undertaking 12
given under section 88. 13
`(2) The register must contain a copy of the undertaking. 14
`(3) The register may be kept in any way that the chief executive 15
considers appropriate. 16
`(4) A person may, on payment of any fee that may be prescribed 17
under a regulation, inspect, or get a copy of details in, the 18
register-- 19
(a) at a place or places decided by the chief executive; or 20
(b) by using a computer. 21
`(5) A person may pay the fee, in advance or in arrears, under an 22
arrangement approved by the chief executive.'. 23
Land Sales Act 1984 24
1 Section 9(6)-- 25
omit, insert-- 26
28
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
`(6) A stake placed by a cadastral surveyor under 1
subsection 3(e)(i) is not a survey mark for the purposes of the 2
Survey and Mapping Infrastructure Act 2003.'. 3
2 Section 21(5)(b), `section 170'-- 4
omit, insert-- 5
`section 21321'. 6
Liquor Act 1992 7
1 Section 4, definitions presiding case manager and 8
registrar-- 9
omit. 10
2 Section 4-- 11
insert-- 12
`director means the director of the Commercial and Consumer 13
Tribunal Registry established under the tribunal Act.'. 14
3 Sections 32(a), 34(3), 210(3)(b) and (4) and 211(1), 15
`registrar'-- 16
omit, insert-- 17
`director'. 18
4 Section 33(2), `registrar', second mention-- 19
omit, insert-- 20
`director'. 21
21 Body Corporate and Community Management Act, 1997, section 213 (Statement to be given
by seller to buyer)
29
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
5 Sections 33, 34(2), 120(2) and 210(3)(a), `registrar of the 1
tribunal'-- 2
omit, insert-- 3
`director'. 4
6 Section 232A-- 5
omit. 6
Manufactured Homes (Residential Parks) Act 2003 7
1 Section 34(5), `(b)', first mention-- 8
omit, insert-- 9
`(a)'. 10
2 Section 49(5), `decides not'-- 11
omit, insert-- 12
`refuses'. 13
3 Section 49(6), `decided not'-- 14
omit, insert-- 15
`refused'. 16
4 Section 50-- 17
omit, insert-- 18
30
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
`50 Application to tribunal for order that park owner consent 1
to assignment 2
`(1) This section applies if the park owner refuses, or is taken to 3
have refused, to consent to the assignment of the seller's 4
interest.22 5
`(2) The seller may apply to the tribunal for an order that the park 6
owner consent to the assignment of the seller's interests. 7
`(3) The tribunal may make the order if it decides that the park 8
owner unreasonably refused to consent to the assignment. 9
`(4) If the tribunal makes the order, the park owner must, within 10
7 days after the order is made, sign both copies of the form of 11
assignment and return them to the seller. 12
Maximum penalty--20 penalty units. 13
`(5) If the park owner fails to comply with subsection (4), the park 14
owner is taken to consent, at the end of the 7 days, to the 15
assignment. 16
`(6) To remove any doubt, it is declared that the tribunal's 17
jurisdiction under this section is not jurisdiction to review, but 18
is jurisdiction with which the Commercial and Consumer 19
Tribunal Act 2003, section 11323 deals.'. 20
5 Section 132(3)(a)-- 21
omit, insert-- 22
`(a) at a place or places decided by the chief executive; or'. 23
6 Part 21, after section 154-- 24
insert-- 25
22 See also section 155 (Unfinalised application for review of refusal to consent to
assignment of seller's interest in site agreement).
23 Commercial and Consumer Tribunal Act 2003, section 113 (Other matters)
31
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
`155 Unfinalised application for review of refusal to consent to 1
assignment of seller's interest in site agreement 2
`(1) This section applies if an application under section 5024 as in 3
force immediately before the commencement of this section 4
(the former application) has not been finalised before the 5
commencement of this section. 6
`(2) The application is taken to be an application for an order 7
under section 5025 (the new application). 8
`(3) The former application and any pending proceeding under it is 9
to be continued as if everything done under the former 10
application had been done, with necessary changes, under the 11
new application. 12
13
Example--
14
Evidence given in the pending proceeding is evidence in the new
15
proceeding.'.
Motor Vehicles and Boats Securities Act 1986 16
1 Section 2, definition security interest, paragraph (a), at 17
the end-- 18
insert-- 19
`and'. 20
Property Agents and Motor Dealers Act 2000 21
1 Section 4(a), after `sheriff'-- 22
insert-- 23
`, or a bailiff of the Supreme Court, the District Court or a 24
Magistrates Court,'. 25
24 Section 50 (Review of refusal to consent)
25 Section 50 (Application to tribunal for order that park owner consent to assignment)
32
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
2 Section 49-- 1
insert-- 2
`(6) Subsection (5) does not apply if-- 3
(a) the applicant is a corporation; and 4
(b) the applicant satisfies the chief executive that, because 5
of a genuine sale-- 6
(i) no person who was a shareholder of, or held a 7
beneficial interest in, the corporation when the 8
refused application was made is a shareholder of, 9
or holds a beneficial interest in, the applicant 10
corporation; and 11
(ii) no person who was in a position to control or 12
influence the affairs of the corporation when the 13
refused application was made is in a position to 14
control or influence the affairs of the applicant 15
corporation. 16
17
Note--
18
Section 13 (Meaning of beneficial interest) does not define beneficial
19
interest for this paragraph (b)(i).'.
3 Section 57(2)(d)(iv)-- 20
omit. 21
4 Section 57-- 22
insert-- 23
`(4A) If requested by the chief executive, the application must, for a 24
licensee who is an individual, also be accompanied by 25
2 recent colour photographs of the licensee that are-- 26
(a) of a size prescribed under a regulation; and 27
(b) certified as photographs of the licensee in the way 28
prescribed under a regulation.'. 29
33
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
5 Section 60(2)(e)(v)-- 1
omit. 2
6 Section 60-- 3
insert-- 4
`(4A) If requested by the chief executive, the application must, for a 5
licensee who is an individual, also be accompanied by 6
2 recent colour photographs of the licensee that are-- 7
(a) of a size prescribed under a regulation; and 8
(b) certified as photographs of the licensee in the way 9
prescribed under a regulation.'. 10
7 Section 80(3)(a)-- 11
omit, insert-- 12
`(a) at a place or places decided by the chief executive; or'. 13
8 Section 94(2)(d)(iii)-- 14
omit. 15
9 Section 94-- 16
insert-- 17
`(3) If requested by the chief executive, the application must be 18
accompanied by 2 recent colour photographs of the applicant 19
that are-- 20
(a) of a size prescribed under a regulation; and 21
(b) certified as photographs of the applicant in the way 22
prescribed under a regulation.'. 23
10 Section 97(2)(e)(iv)-- 24
omit. 25
34
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
11 Section 97-- 1
insert-- 2
`(3) If requested by the chief executive, the application must be 3
accompanied by 2 recent colour photographs of the applicant 4
that are-- 5
(a) of a size prescribed under a regulation; and 6
(b) certified as photographs of the applicant in the way 7
prescribed under a regulation.'. 8
12 Section 117(4), after `section 114'-- 9
insert-- 10
`and actually expended'. 11
13 Section 132(1)(b)-- 12
omit, insert-- 13
`(b) if the real estate agent has more than 1 place of business, 14
ensure that at each other place of business-- 15
(i) that is a restricted letting agency--a real estate 16
agent, or restricted letting agent, who is an 17
individual, is in charge of the real estate agent's 18
business at the place of business; or 19
(ii) that is not a restricted letting agency--a real estate 20
agent who is an individual is in charge of the real 21
estate agent's business at the place of business.'. 22
14 Section 132(2)(b)-- 23
omit, insert-- 24
`(b) if the corporate agent has more than 1 place of business, 25
ensure that at each other place of business-- 26
(i) that is a restricted letting agency--a real estate 27
agent, or restricted letting agent, who is an 28
35
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
individual is in charge of the corporate agent's 1
business at the place of business; or 2
(ii) that is not a restricted letting agency--a real estate 3
agent who is an individual is in charge of the 4
corporate agent's business at the place of 5
business.'. 6
15 Section 132-- 7
insert-- 8
`(4) In this section-- 9
restricted letting agency means a place of business at which 10
the only business carried on as a real estate agent is the 11
business of a restricted letting agent.'. 12
16 Section 133(1)-- 13
omit, insert-- 14
`(1) A real estate agent must not act as a real estate agent for a 15
person (the client) to perform an activity (service) for the 16
person unless the person first appoints the real estate agent in 17
writing under this section. 18
Maximum penalty--200 penalty units.'. 19
17 Section 234-- 20
insert-- 21
`time of taking possession, in relation to a vehicle, means 22
when the buyer of the vehicle takes possession of the vehicle 23
under a contract for its purchase.'. 24
18 Section 236-- 25
omit, insert-- 26
36
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
`236 Meaning of warranty period 1
`(1) Subject to subsection (3), the warranty period of a class A 2
warranted vehicle starts at the time of taking possession and 3
ends when the first of the following happens or is reached-- 4
(a) the vehicle travels 5 000 km since the time of taking 5
possession; 6
(b) 5 p.m. on-- 7
(i) the day 3 months after the time of taking 8
possession if that day-- 9
(A) is not a Sunday or public holiday; and 10
(B) the warrantor's place of business is open for 11
business; or 12
(ii) the first day, after the day 3 months after the time 13
of taking possession, that-- 14
(A) is not a Sunday or public holiday; and 15
(B) the warrantor's place of business is open for 16
business. 17
`(2) Subject to subsection (3), the warranty period of a class B 18
warranted vehicle starts at the time of taking possession and 19
ends when the first of the following happens or is reached-- 20
(a) the vehicle travels 1 000 km since the time of taking 21
possession; 22
(b) 5 p.m. on-- 23
(i) the day 1 month after the time of taking possession 24
if that day-- 25
(A) is not a Sunday or public holiday; and 26
(B) the warrantor's place of business is open for 27
business; or 28
(ii) the first day, after the day 1 month after the time of 29
taking possession, that-- 30
(A) is not a Sunday or public holiday; and 31
37
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
(B) the warrantor's place of business is open for 1
business. 2
`(3) The warranty period under subsection (1) or (2) is extended 3
by 1 day for each day or part of a day the warranted vehicle is 4
not in the possession of the buyer of the vehicle if-- 5
(a) the buyer has complied with section 244(1);26 and 6
(b) a defect in the vehicle is being repaired by, or at the 7
direction of, the warrantor of the vehicle under the 8
statutory warranty.'. 9
19 Section 240(1), `it is sold'-- 10
omit, insert-- 11
`the time of taking possession'. 12
20 Section 240(2)-- 13
omit. 14
21 Section 241-- 15
omit, insert-- 16
`241 Auctioneer to give buyer notice about statutory warranty 17
`(1) An auctioneer who sells a warranted vehicle must, 18
immediately after the contract for its purchase is entered into, 19
give the buyer of the vehicle a notice in the approved form. 20
Maximum penalty--100 penalty units. 21
`(2) An auctioneer who sells an unwarranted vehicle must, 22
immediately after the contract for its purchase is entered into, 23
give the buyer of the vehicle notice in the approved form that 24
the vehicle does not have a statutory warranty. 25
Maximum penalty--100 penalty units. 26
26 Section 244 (Buyer's obligations under statutory warranty)
38
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
`(3) The buyer must acknowledge receipt of a notice given under 1
subsection (1) or (2) by signing a copy of it.'. 2
22 Section 242(1)(a), from `sale'-- 3
omit, insert-- 4
`taking possession and for the warranty period;27 and'. 5
23 Section 243(b), `buyer took delivery'-- 6
omit, insert-- 7
`time of taking possession'. 8
24 Section 243(c),`buyer takes delivery'-- 9
omit, insert-- 10
`time of taking possession'. 11
25 Section 300(3)(c), `, in the way prescribed under a 12
regulation,'-- 13
omit. 14
26 Section 300(3)(g)-- 15
omit. 16
27 Section 312-- 17
insert-- 18
`time of taking possession, in relation to a vehicle, means 19
when the buyer of the vehicle takes possession of the vehicle 20
under a contract for its purchase from the motor dealer.'. 21
27 See also section 636 (Transitional provision about statutory warranty under former
section 242 or 318).
39
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
28 Section 312, definition warrantor-- 1
omit, insert-- 2
`warrantor, of a warranted vehicle,28 means the motor dealer 3
who owns the vehicle immediately before the time of taking 4
possession.'. 5
29 Section 314-- 6
omit, insert-- 7
`314 Meaning of warranty period 8
`(1) Subject to subsection (3), the warranty period of a class A 9
warranted vehicle starts at the time of taking possession and 10
ends when the first of the following happens or is reached-- 11
(a) the vehicle travels 5 000 km since the time of taking 12
possession; 13
(b) 5 p.m. on-- 14
(i) the day 3 months after the time of taking 15
possession if that day-- 16
(A) is not a Sunday or public holiday; and 17
(B) the motor dealer's place of business is open 18
for business; or 19
(ii) the first day, after the day 3 months after the time 20
of taking possession, that-- 21
(A) is not a Sunday or public holiday; and 22
(B) the motor dealer's place of business is open 23
for business. 24
`(2) Subject to subsection (3), the warranty period of a class B 25
warranted vehicle starts at the time of taking possession and 26
ends when the first of the following happens or is reached-- 27
(a) the vehicle travels 1 000 km since the time of taking 28
possession; 29
28 Warranted vehicle and unwarranted vehicle are defined in schedule 2 (Dictionary).
40
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
(b) 5 p.m. on-- 1
(i) the day 1 month after the time of taking possession 2
if that day-- 3
(A) is not a Sunday or public holiday; and 4
(B) the motor dealer's place of business is open 5
for business; or 6
(ii) the first day, after the day 1 month after the time of 7
taking possession, that-- 8
(A) is not a Sunday or public holiday; and 9
(B) the motor dealer's place of business is open 10
for business. 11
`(3) The warranty period under subsection (1) or (2) is extended 12
by 1 day for each day or part of a day the warranted vehicle is 13
not in the possession of the buyer of the vehicle if-- 14
(a) the buyer has complied with section 320(1);29 and 15
(b) a defect in the vehicle is being repaired by, or at the 16
direction of, the warrantor of the vehicle under the 17
statutory warranty.'. 18
30 Section 317-- 19
omit, insert-- 20
`317 Motor dealer to give proposed buyer notice about 21
statutory warranty 22
`(1) A motor dealer must, before a contract for the purchase of a 23
warranted vehicle from the motor dealer is entered into, give 24
the proposed buyer of the vehicle a notice in the approved 25
form. 26
Maximum penalty--100 penalty units. 27
`(2) A motor dealer must, before a contract for the purchase of a 28
unwarranted vehicle from the motor dealer is entered into, 29
29 Section 320 (Buyer's obligations under statutory warranty)
41
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
give the proposed buyer of the vehicle notice in the approved 1
form that the vehicle does not have a statutory warranty. 2
Maximum penalty--100 penalty units. 3
`(3) The proposed buyer must acknowledge receipt of a notice 4
given under subsection (1) or (2) by signing a copy of it.'. 5
31 Section 318(1)(a), from `sale'-- 6
omit, insert-- 7
`taking possession and for the warranty period;30 and'. 8
32 Section 319(b), `buyer took delivery'-- 9
omit, insert-- 10
`time of taking possession'. 11
33 Section 319(c),`buyer takes delivery'-- 12
omit, insert-- 13
`time of taking possession'. 14
34 Section 391, definition qualified auditor, paragraph (c), 15
`section 1280(2)(a)(ii)'-- 16
omit, insert-- 17
`section 1280(2A)(a)31'. 18
35 Section 469, definition marketeering contravention, 19
paragraph (b), `60,'-- 20
omit. 21
30 See also section 636 (Transitional provision about statutory warranty under former
section 242 or 318).
31 Corporations Act, section 1280 (Registration of auditors)
42
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
36 Section 472-- 1
insert-- 2
`(5) In this section-- 3
court includes a small claims tribunal under the Small Claims 4
Tribunals Act 1973.'. 5
37 Section 473, heading-- 6
omit, insert-- 7
`473 Making claims other than particular claims relating to 8
marketeering contraventions and non-investment 9
residential property'. 10
38 Section 476-- 11
omit, insert-- 12
`476 Dealing with claims that have not settled 13
`(1) If the claim has not settled within 28 days after the claim 14
notice is given to the respondent, the claimant may give the 15
chief executive written notice that the claimant wants to 16
proceed with the claim. 17
`(2) If a notice under subsection (1) relates to a minor claim, the 18
chief executive is to decide the minor claim. 19
`(3) If a notice under subsection (1) relates to a claim other than a 20
minor claim, the tribunal is to decide the claim. 21
39 Section 478(2) and (3), `the time, not less than 7 days, 22
stated in the notice'-- 23
omit, insert-- 24
`14 days after giving the notice'. 25
40 Section 490-- 26
insert-- 27
43
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
`(4) Before taking action to recover the amount of the debt, the 1
chief executive must give a letter of demand to the debtor 2
requiring the debtor to pay the amount to the chief executive 3
within 28 days after receiving the letter.'. 4
41 Section 527(2)(c) and 528(1)(c)(v), `section 491'-- 5
omit, insert-- 6
`section 490(4)'. 7
42 Section 572(3)(a)-- 8
omit, insert-- 9
`(a) at a place or places decided by the chief executive; or'. 10
43 Section 632(5), definition information sheet, 11
`section 170(5).'-- 12
omit, insert-- 13
`section 213(5).32'. 14
44 Chapter 19, after section 635-- 15
insert-- 16
32 Body Corporate and Community Management Act 1997, section 213 (Statement to
be given by seller to buyer)
44
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
`Part 5 Transitional provision for 1
Tourism, Fair Trading and Wine 2
Industry Development 3
(Miscellaneous Provisions) Act 4
2004 5
`636 Transitional provision about statutory warranty under 6
former section 242 or 318 7
`(1) Subsection (2) applies if former chapter 7, part 4, other than 8
sections 238, 239 and 241(2),33 applied to a warranted motor 9
vehicle.34 10
`(2) Former chapter 7, part 4, other than sections 238, 239 11
and 241(2), continues to apply in relation to the vehicle as if 12
the amending Act had not been enacted. 13
`(3) Subsection (4) applies if former chapter 9, part 5, other than 14
sections 316 and 317(2),35 applied to a warranted motor 15
vehicle.36 16
`(4) Former chapter 9, part 5, other than sections 316 and 317(2) 17
continues to apply in relation to the vehicle as if the amending 18
Act had not been enacted. 19
`(5) In this section-- 20
amending Act means the Tourism, Fair Trading and Wine 21
Industry Development (Miscellaneous Provisions) Act 2004. 22
33 Chapter 7 (Auctioneers), part 4 (Statutory warranty), sections 238 (Particular
vehicles without statutory warranty to be identified when offered for sale), 239
(Announcements before auction) and 241 (Buyer to be given notice about statutory
warranty)
34 See section 237 (Application of pt 4).
35 Chapter 9 (Motor dealers), part 5 (Statutory warranty), sections 316 (Particular
vehicles without statutory warranty to be identified when offered for sale) and 317
(Buyer to be given notice about statutory warranty)
36 See section 315 (Application of pt 5).
45
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
former chapter 7, part 4 means chapter 7, part 4 as in force 1
immediately before the commencement of this section. 2
former chapter 9, part 5 means chapter 9, part 5 as in force 3
immediately before the commencement of this section.'. 4
45 Schedule 2, definition beneficial interest-- 5
omit. 6
46 Schedule 2-- 7
insert-- 8
`actually expended, in relation to expenses, means the amount 9
actually incurred after deducting-- 10
(a) the amount of any benefit, received or receivable, 11
directly or indirectly, in connection with the expenses by 12
the person seeking to sue for, recover or retain the 13
expenses; or 14
(b) if the benefit has no fixed amount--the market value of 15
the benefit. 16
beneficial interest, other than for section 49(6)(b)(i), see 17
section 13.'. 18
Racing Act 2002 19
1 Section 162-- 20
omit, insert-- 21
`162 Tribunal chairperson and the director to work 22
cooperatively 23
`The tribunal chairperson and the director must work 24
cooperatively to promote the effective and efficient operation 25
of the tribunal.'. 26
46
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
2 Sections 163(2), 168(1)(a), 169(1), 170(1), 171(1), 177(1) 1
and 185(4)(a), `secretary to the tribunal'-- 2
omit, insert-- 3
`director'. 4
3 Sections 168(1)(b) and (3), `secretary'-- 5
omit, insert-- 6
`director'. 7
4 Section 188, heading, `Secretary'-- 8
omit, insert-- 9
`Director'. 10
5 Section 188, `its secretary'-- 11
omit, insert-- 12
`the director'. 13
6 Schedule 3, definition secretary-- 14
omit. 15
7 Schedule 3-- 16
insert-- 17
`director means the director of the Commercial and Consumer 18
Tribunal Registry established under the Commercial and 19
Consumer Tribunal Act 2003.'. 20
47
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
Residential Services (Accreditation) Act 2002 1
1 Section 4(5)(m)-- 2
renumber as section 4(5)(n). 3
2 Section 4(5)(l)-- 4
omit, insert-- 5
`(l) a service conducted by the housing department; 6
(m) a funded service under the Housing Act 2003;'. 7
3 After section 156-- 8
insert-- 9
`157 Stay of operation of original decision 10
`(1) An application under section 156 for review of a decision does 11
not stay the decision. 12
`(2) However, before the decision takes effect, the chief executive 13
may give the interested person a notice staying the operation 14
of the decision for a stated period. 15
`(3) The stay may be granted on conditions the chief executive 16
considers appropriate. 17
`(4) Also, whether or not the applicant has asked the chief 18
executive to stay the operation of the decision, the applicant 19
may apply to the Commercial and Consumer Tribunal for a 20
stay of the decision. 21
`(5) The tribunal may stay the decision to secure the effectiveness 22
of the review and any later appeal to the tribunal. 23
`(6) The stay may be granted on conditions the tribunal considers 24
appropriate and has effect for the period stated by the tribunal. 25
`(7) The period of the stay must not extend past the time when the 26
chief executive makes the review decision and any later period 27
48
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
the tribunal allows to enable the applicant to appeal against 1
the review decision.'. 2
Retirement Villages Act 1999 3
1 Section 35(4)(a)-- 4
omit, insert-- 5
`(a) inspect the register at a place or places decided by the 6
chief executive; or'. 7
2 Section 89(2)(c), `section 168 or 176.'-- 8
omit, insert-- 9
`section 211 or 219.37'. 10
Second-hand Dealers and Pawnbrokers Act 2003 11
1 After section 112-- 12
insert-- 13
`112A Delegation by chief executive 14
`(1) The chief executive may delegate the chief executive's powers 15
under this Act to an appropriately qualified public service 16
employee. 17
`(2) In this section-- 18
appropriately qualified includes having the qualifications, 19
experience or standing appropriate to exercise the power. 20
21
Example of standing--
22
A person's classification level in the public service.'.
37 Body Corporate and Community Management Act 1997, section 211 (Restriction on
powers of attorney in favour of original owner) or 219 (Restriction on powers of
attorney in favour of seller)
49
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
Security Providers Act 1993 1
1 Section 3, definition accountant, paragraph (c), 2
`section 1280(2)(a)(ii) of the Corporations Act'-- 3
omit, insert-- 4
`the Corporations Act, section 1280(2A)(a)38'. 5
Tourism Services Act 2003 6
1 Section 28(4), from `the register--'-- 7
omit, insert-- 8
`the register at a place or places decided by the 9
commissioner.'. 10
2 Section 65-- 11
insert-- 12
`(2) It is enough for a complaint for an offence against 13
subsection (1) to state that the statement made was `false or 14
misleading' to the person's knowledge, without specifying 15
which.'. 16
3 Section 66-- 17
insert-- 18
`(3) It is enough for a complaint for an offence against 19
subsection (1) to state that the document given was `false or 20
misleading' to the person's knowledge, without specifying 21
which.'. 22
38 Corporations Act, section 1280 (Registration of auditors)
50
Tourism, Fair Trading and Wine Industry
Development (Miscellaneous Provisions) Bill 2004
Schedule (continued)
Wine Industry Act 1994 1
1 Section 57-- 2
omit, insert-- 3
`57 Delegation by chief executive 4
`(1) The chief executive may delegate the chief executive's powers 5
under this Act to an appropriately qualified public service 6
employee. 7
`(2) In this section-- 8
appropriately qualified includes having the qualifications 9
experience or standing appropriate to exercise the power. 10
11
Example of standing--
12
A person's classification level in the public service.'.
2 Section 60(1), `an officer or employee of the 13
department'-- 14
omit, insert-- 15
`a public service employee'. 16
© State of Queensland 2004
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