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Queensland
TOURISM, RACING AND FAIR
TRADING (MISCELLANEOUS
PROVISIONS) BILL 2002
Queensland
TOURISM, RACING AND FAIR TRADING
(MISCELLANEOUS PROVISIONS)
BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF ASSOCIATIONS INCORPORATION
ACT 1981
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 3 (Special resolutions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Amendment of s 93 (Cancellation of incorporation). . . . . . . . . . . . . . . . . . . 11
PART 3--AMENDMENT OF BILLS OF SALE AND OTHER
INSTRUMENTS ACT 1955
6 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Amendment of s 6C (Rents and profits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Replacement of s 13 (Inspecting the register) . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Inspecting the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Amendment of s 18J (Application of div 6) . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Insertion of new s 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
45A Arrangements for fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 4--AMENDMENT OF BODY CORPORATE AND
COMMUNITY MANAGEMENT ACT 1997
11 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 Amendment of s 170 (Statement to be given by seller to buyer) . . . . . . . . . 14
13 Insertion of new ch 8, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 2--TRANSITIONAL PROVISION FOR TOURISM, RACING
AND FAIR TRADING (MISCELLANEOUS PROVISIONS) ACT 2002
2
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
294 Transitional provision for information sheets . . . . . . . . . . . . . . . . . . 15
PART 5--AMENDMENT OF BUSINESS NAMES ACT 1962
14 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Insertion of new ss 3C and 3D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3C How prescribed fee may be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3D How documents may be lodged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Amendment of s 7 (Registration of business names) . . . . . . . . . . . . . . . . . . 16
17 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10A Term of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Amendment of s 11 (Renewal of registration) . . . . . . . . . . . . . . . . . . . . . . . 17
19 Amendment of s 19A (Cancellation for nonpayment of prescribed fee) . . . 17
20 Insertion of new s 19B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19B Fees not refundable if registration cancelled . . . . . . . . . . . . . . . . . . . 18
PART 6--AMENDMENT OF CLASSIFICATION OF COMPUTER
GAMES AND IMAGES ACT 1995
21 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Insertion of new ss 8A to 8C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
8A Calling in computer game for reclassification by board . . . . . . . . . . 18
8B Obtaining copies for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8C Calling in unclassified computer game for classification . . . . . . . . . 20
23 Insertion of new s10B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
10B Computer game available for playing on pay and play basis to bear
determined markings and consumer advice . . . . . . . . . . . . . . . . . . 20
24 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 7--AMENDMENT OF CLASSIFICATION OF FILMS
ACT 1991
25 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
26 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
27 Insertion of new ss 25CA to 25CC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25CA Calling in unclassified film for classification. . . . . . . . . . . . . . . . . . . 24
25CB Calling in film for reclassification . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
25CC Obtaining copies for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
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Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
PART 8--AMENDMENT OF CLASSIFICATION OF
PUBLICATIONS ACT 1991
28 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
30 Insertion of new ss 20D and 20E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
20D Sale or delivery of publications contrary to conditions . . . . . . . . . . . 26
20E Consumer advice for unrestricted publications . . . . . . . . . . . . . . . . . 27
PART 9--AMENDMENT OF COLLECTIONS ACT 1966
31 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
32 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
8A Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
33 Amendment of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 10--AMENDMENT OF FAIR TRADING ACT 1989
34 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
35 Amendment of s 39 (Unconscionable conduct--TPA s 52A). . . . . . . . . . . . 28
36 Insertion of new pt 3, div 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2B--Loan fund schemes
55E Definitions for div 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
55F Operating a loan fund scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
55G Implying that a loan fund scheme is operating . . . . . . . . . . . . . . . . . 29
37 Insertion of new s 91IA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
91IA Undertaking about other matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
38 Amendment of s 91J (Variation and withdrawal of undertakings) . . . . . . . . 30
39 Amendment of s 94 (Proceedings for offences) . . . . . . . . . . . . . . . . . . . . . . 30
40 Amendment of s 109 (Limitation of action) . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 11--AMENDMENT OF FUNERAL BENEFIT BUSINESS
ACT 1982
41 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42 Section 5 (Definitions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 12--AMENDMENT OF INVASION OF PRIVACY ACT 1971
43 Act amended in pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
44 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
45 Omission of pt 3 (Credit Reporting Agents) . . . . . . . . . . . . . . . . . . . . . . . . . 32
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Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
46 Amendment of s 51 (Savings of Remedies) . . . . . . . . . . . . . . . . . . . . . . . . . 32
47 Amendment of s 52 (Regulation making power) . . . . . . . . . . . . . . . . . . . . . 32
PART 13--AMENDMENT OF LIENS ON CROPS OF SUGAR
CANE ACT 1931
48 Act amended in pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
49 Replacement of s 7C (Inspecting the register) . . . . . . . . . . . . . . . . . . . . . . . 32
7C Inspecting the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
50 Amendment of s 7P (Application of compensation provision) . . . . . . . . . . . 33
51 Insertion of new s 23E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
23E Arrangements for fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 14--AMENDMENT OF LIQUOR ACT 1992
52 Act amended in pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
53 Amendment of s 12 (Exemptions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
54 Amendment of s 113A (Transfer of licence or permit held for or on
behalf of unincorporated association) ........................... 35
55 Amendment of s 133 (Request to surrender). . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 15--AMENDMENT OF MOTOR VEHICLES SECURITIES
ACT 1986
56 Act amended in pt 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
57 Insertion of new s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
23A Inspecting searchable application . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 16--AMENDMENT OF PARTNERSHIP (LIMITED
LIABILITY) ACT 1988
58 Act amended in pt 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
59 Amendment of s 16 (Incidents of limited partnerships) . . . . . . . . . . . . . . . . 37
PART 17--AMENDMENT OF PROPERTY AGENTS AND MOTOR
DEALERS ACT 2000
60 Act amended in pt 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
61 Amendment of s 5 (Exemption--public officials) . . . . . . . . . . . . . . . . . . . . 38
62 Insertion of new s 31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
31A Defence Housing Authority is a suitable person . . . . . . . . . . . . . . . . 39
63 Insertion of new s 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
48A Defence Housing Authority is eligible to obtain particular licences . 39
64 Amendment of s 50 (Licence--public trustee) . . . . . . . . . . . . . . . . . . . . . . . 39
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Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
65 Amendment of s 51 (Licence--chief executive of department) . . . . . . . . . . 40
66 Amendment of s 52 (Licence--Queensland Housing Commission) . . . . . . 40
67 Insertion of new s 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
52A Licence--Defence Housing Authority. . . . . . . . . . . . . . . . . . . . . . . . 41
68 Amendment of s 74 (Immediate suspension) . . . . . . . . . . . . . . . . . . . . . . . . 41
69 Amendment of s 85 (Suitability of applicants) . . . . . . . . . . . . . . . . . . . . . . . 41
70 Amendment of s 86 (Chief executive must consider suitability
of applicants) ........................................ 41
71 Amendment of s 92 (Registration certificate--conditions). . . . . . . . . . . . . . 42
72 Replacement of s 105 (Immediate cancellation) . . . . . . . . . . . . . . . . . . . . . . 42
105 Immediate cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
73 Amendment of s 133 (Appointment of real estate agent--general) . . . . . . . 42
74 Insertion of new s 134A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
134A Pre-appointment advice about types of appointment. . . . . . . . . . . . . 43
75 Amendment of s 135 (Appointment of real estate agent--sole and
exclusive agencies) ......................................... 44
76 Amendment of s 136 (Restriction on reappointment of real estate agents
for sales of residential property) ............................... 44
77 Insertion of new s 136A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
136A Form of reappointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
78 Replacement of s 137 (Avoidance of appointments). . . . . . . . . . . . . . . . . . . 45
137 When appointments and reappointments are ineffective . . . . . . . . . . 45
79 Amendment of s 138 (Disclosures to prospective buyer) . . . . . . . . . . . . . . . 46
80 Amendment of s 173 (Appointment of pastoral house--general) . . . . . . . . 46
81 Insertion of new s 174A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
174A Pre-appointment advice about types of appointment. . . . . . . . . . . . . 46
82 Amendment of s 175 (Appointment of pastoral house--sole and exclusive
agencies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
83 Amendment of s 176 (Restriction on reappointment of pastoral house for
sales of residential property) ................................. 48
84 Insertion of new s 176A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
176A Form of reappointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
85 Replacement of s 177 (Avoidance of appointments). . . . . . . . . . . . . . . . . . . 49
177 When appointments and reappointments are ineffective . . . . . . . . . . 49
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Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
86 Amendment of s 210 (Appointment of auctioneer--general). . . . . . . . . . . . 49
87 Insertion of new s 211A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
211A Pre-appointment advice about types of appointment. . . . . . . . . . . . . 50
88 Amendment of s 212 (Appointment of auctioneer--sole and exclusive
agencies) ................................................ 51
89 Amendment of s 213 (Restriction on reappointment of auctioneers for
sales of residential property) ................................. 51
90 Insertion of new s 213A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
213A Form of reappointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
91 Replacement of s 214 (Avoidance of appointments). . . . . . . . . . . . . . . . . . . 52
214 When appointments and reappointments are ineffective . . . . . . . . . . 52
92 Amendment of s 237 (Application of pt 4) . . . . . . . . . . . . . . . . . . . . . . . . . . 53
93 Amendment of s 239 (Announcements before auction) . . . . . . . . . . . . . . . . 53
94 Amendment of s 261 (Meaning of "complete a residential property sale") . 53
95 Amendment of s 262 (What a property developer's licence authorises). . . . 54
96 Amendment of s 267 (Licensee or salesperson to be in charge of a property
developer's business at a place). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
97 Replacement of s 268 (Disclosures to prospective buyer) . . . . . . . . . . . . . . 54
268 Disclosures to prospective buyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
98 Replacement of s 365 (When buyer is bound under a relevant contract) . . . 56
365 When parties are bound under a relevant contract . . . . . . . . . . . . . . . 56
99 Amendment of s 366 (Warning statement to be attached to
relevant contract) ....................................... 57
100 Amendment of s 367 (Buyer's rights if warning statement not given) . . . . . 57
101 Amendment of s 376 (Account's name) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
102 Amendment of s 506 (Constitution of tribunal for hearing) . . . . . . . . . . . . . 58
103 Amendment of s 547 (Entry to places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
104 Insertion of new div hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
105 Amendment of s 556 (Power to require documents to be produced) . . . . . . 59
106 Insertion of new s 556A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
556A Power to require documents to be produced--marketeers . . . . . . . . 59
107 Amendment of s 589 (Proceedings for an offence). . . . . . . . . . . . . . . . . . . . 60
108 Insertion of pt hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
109 Amendment of s 603 (Definitions for ch 19) . . . . . . . . . . . . . . . . . . . . . . . . 60
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Tourism, Racing and Fair Trading (Miscellaneous
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110 Amendment of s 614 (Existing appointments to act as licensee) . . . . . . . . . 61
111 Insertion of new ch 19, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
PART 2--TRANSITIONAL PROVISIONS FOR TOURISM, RACING
AND FAIR TRADING (MISCELLANEOUS PROVISIONS) ACT 2002
631 Transitional provision for relevant contracts mentioned
in repealed s 365 .................................... 61
632 Transitional provision for warning statements. . . . . . . . . . . . . . . . . . 62
PART 18--AMENDMENT OF RACING AND BETTING
AMENDMENT ACT 2000
112 Act amended in pt 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
113 Amendment of s 45 (Amendment of sch 3 (Acts amended after assent)). . . 63
PART 19--AMENDMENT OF RETIREMENT VILLAGES
ACT 1999
114 Act amended in pt 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
115 Amendment of s 45 (Content of residence contract). . . . . . . . . . . . . . . . . . . 63
116 Amendment of s 46 (Dealing with ingoing contribution) . . . . . . . . . . . . . . . 63
117 Amendment of s 87 (Definitions for div 1) . . . . . . . . . . . . . . . . . . . . . . . . . . 64
118 Insertion of new ss 88A and 88B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
88A Investigations about scheme operators etc. . . . . . . . . . . . . . . . . . . . . 65
88B Criminal history is confidential document. . . . . . . . . . . . . . . . . . . . . 65
119 Amendment of s 94 (Payments into capital replacement fund) . . . . . . . . . . 66
120 Amendment of s 100 (Payments into maintenance reserve fund) . . . . . . . . . 66
121 Amendment of s 110 (Scheme operator must insure village) . . . . . . . . . . . . 66
122 Amendment of s 112 (Quarterly financial statements) . . . . . . . . . . . . . . . . . 66
PART 20--REPEALS AND MINOR AMENDMENTS
123 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
124 Acts amended--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 68
MINOR AMENDMENTS
BUSINESS NAMES ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
COLLECTIONS ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
COOPERATIVES ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
LAND SALES ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
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MOTOR VEHICLES SECURITIES AND OTHER ACTS AMENDMENT
ACT 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
POLICE POWERS AND RESPONSIBILITES ACT 2000 . . . . . . . . . . . . . 71
PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 . . . . . . . . . . . 71
QUEENSLAND BUILDING TRIBUNAL ACT 2000 . . . . . . . . . . . . . . . . . 74
RETIREMENT VILLAGES ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
SECURITY PROVIDERS ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 75
2002
A BILL
FOR
An Act to amend Acts administered by the Minister for Tourism and
Racing and Minister for Fair Trading, and for other purposes
s1 10 s3
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Tourism, Racing and Fair Trading 4
(Miscellaneous Provisions) Act 2002. 5
2 Commencement
Clause 6
(1) Section 33 is taken to have commenced on 27 June 2000. 7
(2) Part 18 is taken to have commenced on 23 June 2000. 8
(3) The following provisions commence on a day to be fixed by 9
proclamation-- 10
· parts 3, 6 to 8, 10, 12 and 15 11
· sections 16 to 18 and 20 12
· sections 74 to 78, 81 to 85, 87 to 91, 97 and 99 13
· schedule, amendments of the Police Powers and Responsibilities 14
Act 2000, the Security Providers Act 1993 and the Transport 15
Operations (Road Use Management) Act 1995. 16
PART 2--AMENDMENT OF ASSOCIATIONS 17
INCORPORATION ACT 1981 18
3 Act amended in pt 2
Clause 19
This part amends the Associations Incorporation Act 1981. 20
s4 11 s5
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
4 Amendment of s 3 (Special resolutions)
Clause 1
Section 3(1), `personally or by post'-- 2
omit. 3
5 Amendment of s 93 (Cancellation of incorporation)
Clause 4
(1) Section 93(1), `the secretary or other officer of the incorporated 5
association'-- 6
omit, insert-- 7
`a relevant officer of the incorporated association'. 8
(2) Section 93(1)(g), `secretary, or other'-- 9
omit, insert-- 10
`relevant'. 11
(3) Section 93(1)(h), `secretary or other'-- 12
omit, insert-- 13
`relevant'. 14
(4) Section 93(2), from `appearing' to `association,'-- 15
omit, insert--
16
`served with a notice under subsection (1),'.
17
(5) Section 93--
18
insert--
19
`(3) In this section--
20
"relevant officer", of an incorporated association, means--
21
(a) the secretary or another officer of the incorporated association; or
22
(b) if the incorporated association has ceased to exist--a person
23
appearing to the chief executive to have been the last known
24
secretary or other officer of the incorporated association.'.
25
s6 12 s8
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
PART 3--AMENDMENT OF BILLS OF SALE AND 1
OTHER INSTRUMENTS ACT 1955 2
6 Act amended in pt 3
Clause 3
This part amends the Bills of Sale and Other Instruments Act 1955. 4
7 Amendment of s 6C (Rents and profits)
Clause 5
Section 6C(2), `subsection (4)'-- 6
omit, insert-- 7
`subsection (1)'. 8
8 Replacement of s 13 (Inspecting the register)
Clause 9
Section 13-- 10
omit, insert-- 11
`13 Inspecting the register 12
`(1) On payment of the fee that may be prescribed under a regulation, a 13
person may inspect the register or get a copy of the particulars included in 14
the register (a "printed search result")-- 15
(a) at an office of the department prescribed under a regulation when 16
the office is open to the public; or 17
(b) by using a computer under arrangements approved by the chief 18
executive. 19
20
Example--
21
The chief executive may approve arrangements under which a person is
22
given access to particular information held electronically by the department
23
to allow the person to perform a search from a remote location and print the
24
printed search result on the person's printer.
`(2) A printed search result may, on application to the chief executive 25
and payment of the fee that may be prescribed under a regulation, be 26
certified by the chief executive. 27
`(3) A printed search result certified by the chief executive is evidence of 28
the matters stated in it. 29
s9 13 s 10
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`(4) In this section-- 1
"computer" means a mechanical, electronic or other device that processes 2
data.'. 3
9 Amendment of s 18J (Application of div 6)
Clause 4
Section 18J(e)-- 5
omit, insert-- 6
`(e) the person-- 7
(i) searches the register for a security interest or particulars of a 8
security interest and there is an error in the register because 9
of a negligent act or omission by the chief executive (the 10
"incorrect information"); and 11
(ii) relies on the incorrect information contained in a printed 12
search result.'. 13
10 Insertion of new s 45A
Clause 14
After section 45-- 15
insert-- 16
`45A Arrangements for fees 17
`(1) A person may apply to the chief executive for approval of an 18
arrangement for the payment of fees under this Act. 19
20
Example--
21
An arrangement may be for the payment of fees in advance or in arrears.
`(2) The application must be-- 22
(a) in writing stating the particulars of the proposed arrangement; 23
and 24
(b) accompanied by the fee that may be prescribed under a 25
regulation. 26
`(3) If the chief executive approves the proposed arrangement, the 27
person may pay fees under this Act in accordance with the arrangement.'. 28
s 11 14 s 13
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
PART 4--AMENDMENT OF BODY CORPORATE AND 1
COMMUNITY MANAGEMENT ACT 1997 2
11 Act amended in pt 4
Clause 3
This part amends the Body Corporate and Community Management 4
Act 1997. 5
12 Amendment of s 170 (Statement to be given by seller to buyer)
Clause 6
(1) Section 170(5)-- 7
omit, insert-- 8
`(5) The seller must attach an information sheet (the "information 9
sheet") in the approved form to the contract-- 10
(a) as the first or top sheet; or 11
(b) if the proposed lot is residential property under the Property 12
Agents and Motor Dealers Act 2000--immediately beneath the 13
warning statement that must be attached as the first or top sheet 14
of the contract under section 366 of that Act.1'. 15
(2) Section 170-- 16
insert-- 17
`(8) In this section-- 18
"residential property" see the Property Agents and Motor Dealers Act 19
2000, section 17.'. 20
13 Insertion of new ch 8, pt 2
Clause 21
After section 293-- 22
insert-- 23
1 Property Agents and Motor Dealers Act 2000, section 366 (Warning statement to be
attached to relevant contract)
s 14 15 s 15
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`PART 2--TRANSITIONAL PROVISION FOR 1
TOURISM, RACING AND FAIR TRADING 2
(MISCELLANEOUS PROVISIONS) ACT 2002 3
`294 Transitional provision for information sheets 4
`(1) This section applies to a contract mentioned in section 170(1) 5
entered into on or after 1 July 2001 and before the commencement of this 6
section that has not been settled or lawfully terminated. 7
`(2) Despite section 170(6), a buyer can not cancel the contract because 8
of noncompliance with section 170(5) as in force immediately before the 9
commencement of this section only because an information sheet was 10
attached to the contract immediately beneath a warning statement that was 11
attached as the first or top sheet of the contract. 12
`(3) In this section-- 13
"warning statement" means a warning statement under the Property 14
Agents and Motor Dealers Act 2000, section 366.2'. 15
PART 5--AMENDMENT OF BUSINESS NAMES 16
ACT 1962 17
14 Act amended in pt 5
Clause 18
This part amends the Business Names Act 1962. 19
15 Insertion of new ss 3C and 3D
Clause 20
After section 3B-- 21
insert-- 22
`3C How prescribed fee may be paid 23
`(1) This section applies if a provision of this Act requires-- 24
2 Property Agents and Motor Dealers Act 2000, section 366 (Warning statement to be
attached to relevant contract)
s 16 16 s 17
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(a) payment of a prescribed fee; or 1
(b) an application to be accompanied by a prescribed fee; or 2
(c) a document to be lodged together with the prescribed fee. 3
`(2) The fee may be paid in any way approved by the chief executive. 4
5
Example of how prescribed fee may be paid--
6
The chief executive may approve that the prescribed fee can be paid by lodging an
7
authorisation to debit a credit account with the application form.
`3D How documents may be lodged 8
`If a person is required to lodge a document under this Act, the person 9
may lodge the document by post, fax or in any other way approved by the 10
chief executive.'. 11
16 Amendment of s 7 (Registration of business names)
Clause 12
(1) Section 7(1)-- 13
insert-- 14
`(ea) whether the term of the proposed registration of the business 15
name is 1 year or 3 years; and'. 16
(2) Section 7(1)(ca) to (f)-- 17
renumber as section 7(1)(d) to (h). 18
(3) Section 7(3), after `the business name'-- 19
insert-- 20
`for the term stated in the application for registration'. 21
(4) Section 7-- 22
insert-- 23
`(3A) The term of the registration of the business name can not be 24
changed during the current term of the registration.'. 25
17 Insertion of new s 10A
Clause 26
After section 10-- 27
s 18 17 s 19
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
insert-- 1
`10A Term of registration 2
`The registration of a business name remains in force for the term of 3
1 year or 3 years registered by the registrar under section 7(3).'. 4
18 Amendment of s 11 (Renewal of registration)
Clause 5
(1) Section 11(1)-- 6
omit, insert-- 7
`(1) The person or 1 of the persons in relation to whom a business name 8
is registered may, before the expiry of the registration of the business name, 9
apply to the registrar to renew the registration in any way approved by the 10
chief executive. 11
`(1A) The application for renewal must-- 12
(a) state whether the term of the proposed renewal is 1 year or 3 13
years; and 14
(b) be accompanied by the prescribed fee.'. 15
(2) Section 11(2), `period of 12 months'-- 16
omit, insert-- 17
`term of 1 year or 3 years stated in the application for renewal'. 18
(3) Section 11-- 19
insert-- 20
`(2A) The term of the renewal of the registration can not be changed 21
during the term of the renewal.'. 22
19 Amendment of s 19A (Cancellation for nonpayment of prescribed
Clause 23
fee) 24
Section 19A(1)-- 25
omit, insert-- 26
`(1) The registrar may cancel the registration of a business name if-- 27
(a) payment of the prescribed fee for the registration or renewal of 28
registration was made in a way that has not been effective; and 29
s 20 18 s 22
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(b) 21 days have passed since the application for registration or 1
renewal was made. 2
3
Examples--
4
1. A cheque for payment was not honoured on presentation.
5
2. Authorisation for payment made by credit card was rejected by the
6
relevant financial institution.'.
20 Insertion of new s 19B
Clause 7
After section 19A-- 8
insert-- 9
`19B Fees not refundable if registration cancelled 10
`(1) This section applies if the registrar cancels the registration of a 11
business name, other than under section 10. 12
`(2) A person can not obtain any refund of the prescribed fee paid for the 13
registration or renewal of registration of the business name.'. 14
PART 6--AMENDMENT OF CLASSIFICATION OF 15
COMPUTER GAMES AND IMAGES ACT 1995 16
21 Act amended in pt 6
Clause 17
This part amends the Classification of Computer Games and Images 18
Act 1995. 19
22 Insertion of new ss 8A to 8C
Clause 20
Part 2, after section 8-- 21
insert-- 22
`8A Calling in computer game for reclassification by board 23
`(1) This section applies if-- 24
s 22 19 s 22
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(a) the board proposes to reclassify a computer game under the 1
Commonwealth Act, section 393; and 2
(b) the publisher of the computer game resides in Queensland or has 3
an office in Queensland. 4
`(2) The director may, by written notice given to the publisher, require 5
the publisher to submit a copy of the computer game for the purpose of 6
reclassifying it. 7
`(3) The publisher must comply with the notice within 3 business days 8
after receiving it. 9
Maximum penalty--20 penalty units. 10
`(4) It is a defence to a prosecution for an offence against subsection (3) 11
for the defendant to prove that the defendant did not have a copy of the 12
computer game. 13
`8B Obtaining copies for review 14
`(1) This section applies if-- 15
(a) an application is made for a review of a classification decision 16
under the Commonwealth Act by a person who is not the original 17
applicant for classification of the computer game concerned; and 18
(b) the board or review board does not have a copy of the computer 19
game and a copy is not available to it; and 20
(c) the original applicant or the publisher of the computer game 21
resides in Queensland or has an office in Queensland. 22
`(2) The director may, by written notice given to the original applicant or 23
publisher, require the original applicant or publisher to make a copy of the 24
computer game available for the purpose of the review. 25
`(3) A person to whom the notice is given must comply with the notice 26
within 3 business days after receiving it. 27
Maximum penalty--20 penalty units. 28
`(4) It is a defence to a prosecution for an offence against subsection (3) 29
for the defendant to prove that the defendant did not have a copy of the 30
computer game. 31
3 Section 39 (Reclassification etc. after 2 years)
s 23 20 s 23
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`8C Calling in unclassified computer game for classification 1
`(1) This section applies if the director has reasonable grounds to believe 2
that-- 3
(a) an unclassified computer game is not an exempt computer game; 4
and 5
(b) a person ("publisher") is publishing, or will publish, the 6
computer game in Queensland. 7
`(2) The director may, by written notice given to the publisher of the 8
computer game, require the publisher to submit an application for 9
classification of the computer game. 10
`(3) For the requirement under subsection (2) to have effect, the director 11
must cause notice of the requirement to be published in the Commonwealth 12
gazette. 13
`(4) The publisher must comply with the notice within 3 business days 14
after receiving it. 15
Maximum penalty--20 penalty units. 16
`(5) It is a defence to a prosecution for an offence against subsection (4) 17
for the defendant to prove that the defendant did not intend-- 18
(a) to publish the computer game in Queensland; or 19
(b) to cause, authorise, permit or license the computer game to be 20
published in Queensland.'. 21
23 Insertion of new s10B
Clause 22
Part 3, after section 10A-- 23
insert-- 24
`10B Computer game available for playing on pay and play basis to 25
bear determined markings and consumer advice 26
`(1) A person must not make a computer game available for playing on a 27
pay and play basis unless the device used for playing the game bears the 28
determined markings for the game's classification and any consumer 29
advice for the game. 30
Maximum penalty--10 penalty units. 31
32
Example of game available on a pay and play basis--
s 24 21 s 24
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
1
A coin operated arcade game.
`(2) If 2 or more computer games are available for playing on a device 2
mentioned in subsection (1), the determined markings and consumer 3
advice to be displayed on the device are those relevant to the computer 4
game with the higher or highest classification under the Commonwealth 5
Act. 6
`(3) If-- 7
(a) the board reclassifies a computer game under the Commonwealth 8
Act, section 39;4 or 9
(b) the board revokes a classification or consumer advice for a 10
computer game under the Commonwealth Act, section 22B(3);5 11
display of the determined markings and consumer advice for the computer 12
game before the reclassification or revocation is sufficient compliance with 13
this section for the 30 day period after the reclassification or revocation 14
takes effect.'. 15
24 Amendment of sch 2 (Dictionary)
Clause 16
(1) Schedule 2, definition "advertisement"-- 17
omit. 18
(2) Schedule 2-- 19
insert-- 20
` "advertisement", for a computer game, means any form of advertising 21
for the computer game and includes-- 22
(a) advertising, whether visual or audible, whether in the form of 23
written or spoken words or other sounds and whether in a book, 24
paper, magazine, poster, photograph, sketch, program, computer 25
game or slide or in any other form; and 26
(b) advertising on a container or wrapping enclosing the computer 27
game; and 28
4 Section 39 (Reclassification etc. after 2 years)
5 Section 22B (Classification of a publication, film or computer game that may be the
same as or similar to a classified item)
s 25 22 s 26
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(c) advertising on an item of clothing advertising the computer 1
game; 2
but does not include-- 3
(d) advertising for an exempt computer game; or 4
(e) advertising, in an imported publication, for a computer game that 5
has not been published in Australia; or 6
(f) advertising, in an imported film or computer game that is in a 7
form that can not be modified, for a computer game that has not 8
been published in Australia ("advertised game"), whether or not 9
the advertised game is later published in Australia. 10
"exempt computer game" see section 5 of the Commonwealth Act.6 11
"review board" see section 5 of the Commonwealth Act.'. 12
(3) Schedule 2, definition "computer game", paragraph (e)-- 13
omit, insert-- 14
`(e) an exempt computer game; or'. 15
PART 7--AMENDMENT OF CLASSIFICATION OF 16
FILMS ACT 1991 17
25 Act amended in pt 7
Clause 18
This part amends the Classification of Films Act 1991. 19
26 Amendment of s 3 (Definitions)
Clause 20
(1) Section 3, definition "advertisement"-- 21
omit. 22
(2) Section 3-- 23
6 Under section 5 (Definitions) of the Commonwealth Act, ` "exempt computer
game" has the meaning given by section 5B, and includes a game for which a
certificate is in force under Division 6 of Part 2.'.
s 26 23 s 26
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
insert-- 1
` "advertisement", for a film, means any form of advertising for the film 2
and includes-- 3
(a) advertising, whether visual or audible, whether in the form of 4
written or spoken words or other sounds and whether in a book, 5
paper, magazine, poster, photograph, sketch, program, film or 6
slide or in any other form; and 7
(b) advertising on a container or wrapping enclosing the film; and 8
(c) advertising on an item of clothing advertising the film; 9
but does not include-- 10
(d) advertising for an exempt film; or 11
(e) advertising, in an imported publication, for a film that has not 12
been published in Australia; or 13
(f) advertising, in an imported film or computer game that is in a 14
form that can not be modified, for a film that has not been 15
published in Australia ("advertised film"), whether or not the 16
advertised film is later published in Australia. 17
"exempt film" see section 5 of the Commonwealth Act.7 18
"international flight", of an aircraft, means a flight that passes through the 19
air space over the territory of more than 1 country and includes any 20
part of the flight that happens within Australia. 21
"international voyage", of a vessel, means a voyage, whether direct or 22
indirect, between a place in Australia and a place outside Australia and 23
includes any part of the voyage that happens within Australia. 24
"review board" see section 5 of the Commonwealth Act.'. 25
(3) Section 3, definition "film", paragraph (b), after `produced'-- 26
insert-- 27
`together with its sound track'. 28
(4) Section 3, definition "film", paragraph (f)-- 29
7 Under section 5 (Definitions) of the Commonwealth Act, ` "exempt film" has the
meaning given by section 5B, and includes a film for which a certificate is in force
under Division 6 of Part 2.'.
s 27 24 s 27
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
omit, insert-- 1
`(f) an exempt film.'. 2
(5) Section 3, definition "place", after `aircraft'-- 3
insert-- 4
`, other than a vessel on an international voyage or an aircraft on an 5
international flight'. 6
(6) Section 3, definition "premises", paragraph (c), after `aircraft'-- 7
insert-- 8
`, other than a vessel on an international voyage or an aircraft on an 9
international flight'. 10
27 Insertion of new ss 25CA to 25CC
Clause 11
Part 3, after section 25C-- 12
insert-- 13
`25CA Calling in unclassified film for classification 14
`(1) This section applies if the director has reasonable grounds to believe 15
that-- 16
(a) an unclassified film is not an exempt film; and 17
(b) a person ("publisher") is publishing, or will publish, the film in 18
Queensland. 19
`(2) The director may, by written notice given to the publisher of the 20
film, require the publisher to submit an application for its classification. 21
`(3) The publisher must comply with the notice within 3 business days 22
after receiving it. 23
Maximum penalty--20 penalty units. 24
`(4) For the requirement under subsection (2) to have effect, the director 25
must cause notice of the requirement to be published in the Commonwealth 26
gazette. 27
`(5) It is a defence to a prosecution for an offence against subsection (3) 28
for the defendant to prove that the defendant did not intend to publish the 29
film, or cause it to be published, in Queensland. 30
s 27 25 s 27
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`25CB Calling in film for reclassification 1
`(1) This section applies if-- 2
(a) the board proposes to reclassify a film under the Commonwealth 3
Act, section 398; and 4
(b) the publisher of the film resides in Queensland or has an office in 5
Queensland. 6
`(2) The director may, by written notice given to the publisher, require 7
the publisher to submit a copy of the film for the purpose of reclassifying it. 8
`(3) The publisher must comply with the notice within 3 business days 9
after receiving it. 10
Maximum penalty--20 penalty units. 11
`(4) It is a defence to a prosecution for an offence against subsection (3) 12
for the defendant to prove that the defendant did not have a copy of the 13
film. 14
`25CC Obtaining copies for review 15
`(1) This section applies if-- 16
(a) an application is made for a review of a classification decision 17
under the Commonwealth Act by a person who is not the original 18
applicant for classification of the film concerned; and 19
(b) the board or review board does not have a copy of the film and a 20
copy is not available to it; and 21
(c) the original applicant or the publisher of the film resides in 22
Queensland or has an office in Queensland. 23
`(2) The director may, by written notice given to the original applicant or 24
publisher, require the original applicant or publisher to make a copy of the 25
film available for the purpose of the review. 26
`(3) A person to whom the notice is given must comply with the notice 27
within 3 business days after receiving it. 28
Maximum penalty--20 penalty units. 29
8 Section 39 (Reclassification etc. after 2 years)
s 28 26 s 30
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`(4) It is a defence to a prosecution for an offence against subsection (3) 1
for the defendant to prove that the defendant did not have a copy of the 2
film.'. 3
PART 8--AMENDMENT OF CLASSIFICATION OF 4
PUBLICATIONS ACT 1991 5
28 Act amended in pt 8
Clause 6
This part amends the Classification of Publications Act 1991. 7
29 Amendment of s 3 (Definitions)
Clause 8
(1) Section 3, definition, "submittable publication"-- 9
omit. 10
(2) Section 3-- 11
insert-- 12
`"submittable publication" see section 5 of the Commonwealth Act.'. 13
30 Insertion of new ss 20D and 20E
Clause 14
Part 3, after section 20C-- 15
insert-- 16
`20D Sale or delivery of publications contrary to conditions 17
`If a publication is classified unrestricted subject to a condition imposed 18
under section 13A of the Commonwealth Act,9 a person must not sell or 19
deliver the publication except in accordance with the condition. 20
Maximum penalty--25 penalty units. 21
9 Section 13A (Conditions of certain classifications for publications)
s 31 27 s 33
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`20E Consumer advice for unrestricted publications 1
A person must not sell a publication classified unrestricted for which the 2
board has determined consumer advice under section 20(2) of the 3
Commonwealth Act10 unless the consumer advice is displayed on the 4
publication or the packaging of the publication. 5
Maximum penalty--25 penalty units.'. 6
PART 9--AMENDMENT OF COLLECTIONS ACT 1966 7
31 Act amended in pt 9
Clause 8
This part amends the Collections Act 1966. 9
32 Insertion of new s 8A
Clause 10
Part 2, after section 8-- 11
insert-- 12
`8A Delegation by chief executive 13
`(1) The chief executive may delegate the chief executive's powers under 14
this Act to an appropriately qualified public service officer. 15
`(2) In this section-- 16
"appropriately qualified", for a person to whom a power under this Act 17
may be delegated, includes having the qualifications, experience or 18
standing to exercise the power. 19
20
Example of standing--
21
A person's classification level in the public service.'.
33 Amendment of schedule
Clause 22
Schedule, from `Limited'-- 23
10 Section 20 (Board to decide consumer advice for publications, films and computer
games)
s 34 28 s 36
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
omit, insert-- 1
`Foundation'. 2
PART 10--AMENDMENT OF FAIR TRADING ACT 1989 3
34 Act amended in pt 10
Clause 4
This part amends the Fair Trading Act 1989. 5
35 Amendment of s 39 (Unconscionable conduct--TPA s 52A)
Clause 6
Section 39, heading, `s 52A'-- 7
omit, insert-- 8
`s 51AB'. 9
36 Insertion of new pt 3, div 2B
Clause 10
After section 55D-- 11
insert-- 12
`Division 2B--Loan fund schemes 13
`55E Definitions for div 2B 14
`In this division-- 15
"loan fund scheme" means a scheme that, in substance and regardless of 16
its form-- 17
(a) involves the contribution or subscription of an amount, directly 18
or indirectly, by persons to a fund; and 19
(b) confers on each of the persons, or on each of a substantial 20
proportion of them, an entitlement to receive a loan out of the 21
fund at some date, whether ascertainable or not; and 22
s 37 29 s 37
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(c) provides for the amount of the loan to be determined by 1
reference to the amount each person contributes or subscribes, or 2
agrees to contribute or subscribe, to the fund; 3
and includes-- 4
(d) all activities, matters and things associated with a scheme; and 5
(e) any part of a scheme. 6
"operate", a loan fund scheme, includes manage or control the scheme. 7
`55F Operating a loan fund scheme 8
`A person must not-- 9
(a) operate a loan fund scheme; or 10
(b) promote the operation of a loan fund scheme; or 11
(c) invite another person, by an advertisement or another means, to 12
contribute or subscribe to or participate in a loan fund scheme. 13
Maximum penalty--540 units. 14
`55G Implying that a loan fund scheme is operating 15
`A person must not-- 16
(a) if the person is carrying on a business, use words or references in 17
the name or description of the business to represent or imply the 18
person is operating a loan fund scheme; or 19
(b) display information at any place that would represent or imply 20
that the person is operating a loan fund scheme. 21
Maximum penalty--540 units.'. 22
37 Insertion of new s 91IA
Clause 23
After section 91I-- 24
insert-- 25
`91IA Undertaking about other matter 26
`Without limiting section 91H or 91I, the commissioner may accept an 27
undertaking given by a person for this section in relation to any matter in 28
s 38 30 s 40
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
relation to which the office or the commissioner has a function or the 1
commissioner or an inspector has a power.'. 2
38 Amendment of s 91J (Variation and withdrawal of undertakings)
Clause 3
Section 91J(1), `under section 91H or 91I'-- 4
omit, insert-- 5
`under this division'. 6
39 Amendment of s 94 (Proceedings for offences)
Clause 7
(1) Section 94(6)(a)-- 8
omit, insert-- 9
`(a) may be started only by an inspector appointed for this Act or with 10
the commissioner's consent; and'. 11
(2) Section 94(6)(b), `shall be commenced'-- 12
omit, insert-- 13
`must be started'. 14
40 Amendment of s 109 (Limitation of action)
Clause 15
Section 109(1)(b)-- 16
omit, insert-- 17
`(b) on account of any disclosure or publication made in good faith by 18
the Minister, the commissioner or by someone on the 19
commissioner's behalf, concerning any of the following matters 20
if the Minister or the commissioner is satisfied it is in the public 21
interest to make the disclosure or publication-- 22
(i) the supply of goods or services; 23
(ii) the commercial or business reputation of any person 24
associated with the supply of goods or services; 25
(iii) the quality or standard of goods or services supplied by any 26
person; 27
s 41 31 s 44
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(iv) a contravention or alleged contravention of this Act or the 1
operation or enforcement of this Act.'. 2
PART 11--AMENDMENT OF FUNERAL BENEFIT 3
BUSINESS ACT 1982 4
41 Act amended in pt 11
Clause 5
This part amends the Funeral Benefit Business Act 1982. 6
42 Section 5 (Definitions)
Clause 7
Section 5, definition "corporation", after `Act'-- 8
`, but does not include an exempt body within the meaning of that Act'. 9
PART 12--AMENDMENT OF INVASION OF PRIVACY 10
ACT 1971 11
43 Act amended in pt 12
Clause 12
This part amends the Invasion of Privacy Act 1971. 13
44 Amendment of s 4 (Definitions)
Clause 14
Section 4, definitions "consumer", "credit report", "credit reporting 15
agent", "credit reporting agent's licence", "licence", "licensed credit 16
reporting agent", "register" and "registered address"-- 17
omit. 18
s 45 32 s 49
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
45 Omission of pt 3 (Credit Reporting Agents)
Clause 1
Part 3-- 2
omit. 3
46 Amendment of s 51 (Savings of Remedies)
Clause 4
Section 51, `Subject to section 23, no'-- 5
omit, insert-- 6
`No'. 7
47 Amendment of s 52 (Regulation making power)
Clause 8
(1) Section 52(2)-- 9
omit. 10
(2) Section 52(3)-- 11
renumber as section 52(2). 12
PART 13--AMENDMENT OF LIENS ON CROPS OF 13
SUGAR CANE ACT 1931 14
48 Act amended in pt 13
Clause 15
This part amends the Liens on Crops of Sugar Cane Act 1931. 16
49 Replacement of s 7C (Inspecting the register)
Clause 17
Section 7C-- 18
omit, insert-- 19
`7C Inspecting the register 20
`(1) On payment of the fee that may be prescribed under a regulation, a 21
person may inspect the register or get a copy of particulars in the register (a 22
"printed search result")-- 23
s 50 33 s 51
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(a) at an office of the department prescribed under a regulation when 1
the office is open to the public; or 2
(b) by using a computer under arrangements approved by the chief 3
executive. 4
5
Example--
6
The chief executive may approve arrangements under which a person is
7
given access to particular information held electronically by the department
8
to allow the person to perform a search from a remote location and print the
9
printed search result on the person's printer.
`(2) A printed search result may, on application to the chief executive 10
and payment of the fee that may be prescribed under a regulation, be 11
certified by the chief executive. 12
`(3) A printed search result certified by the chief executive is evidence of 13
the matters stated in it. 14
`(4) In this section-- 15
"computer" means a mechanical, electronic or other device that processes 16
data.'. 17
50 Amendment of s 7P (Application of compensation provision)
Clause 18
Section 7P(e)-- 19
omit, insert-- 20
`(e) the person-- 21
(i) searches the register for a lien or particulars of a lien and 22
there is an error in the register because of a negligent act or 23
omission by the chief executive (the "incorrect 24
information"); and 25
(ii) relies on the incorrect information contained in a printed 26
search result.'. 27
51 Insertion of new s 23E
Clause 28
After section 23D-- 29
insert-- 30
s 52 34 s 53
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`23E Arrangements for fees 1
`(1) A person may apply to the chief executive for approval of an 2
arrangement for the payment of fees under this Act. 3
4
Example--
5
An arrangement may be for the payment of fees in advance or in arrears.
`(2) The application must be-- 6
(a) in writing stating the particulars of the proposed arrangement; 7
and 8
(b) accompanied by the fee that may be prescribed under a 9
regulation. 10
`(3) If the chief executive approves the proposed arrangement, the 11
person may pay fees under this Act in accordance with the arrangement.'. 12
PART 14--AMENDMENT OF LIQUOR ACT 1992 13
52 Act amended in pt 14
Clause 14
This part amends the Liquor Act 1992. 15
53 Amendment of s 12 (Exemptions)
Clause 16
(1) Section 12(2)-- 17
insert-- 18
`(i) a sale of liquor to a person by the proprietor of a duty free shop 19
described in a warehouse licence under the Customs Act if-- 20
(i) the sale takes place at the duty free shop; and 21
(ii) the liquor is goods specified in a permission given to the 22
proprietor under section 96A or 96B of that Act11; and 23
11 Customs Act 1901 (Cwlth), section 96A (Outwards duty free shops) or 96B (Inwards
duty fee shops)
s 54 35 s 55
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(iii) the liquor is to be delivered to the person under the 1
permission.'. 2
(2) Section 12(4)-- 3
insert-- 4
` "Customs Act" means the Customs Act 1901 (Cwlth). 5
"duty free shop" means-- 6
(a) an outwards duty free shop under section 96A of the Customs 7
Act; or 8
(b) an inwards duty free shop under section 96B of the Customs 9
Act.'. 10
54 Amendment of s 113A (Transfer of licence or permit held for or
Clause 11
on behalf of unincorporated association) 12
Section 113A(2)-- 13
omit, insert-- 14
`(2) The person and the incorporated association must, within 3 months 15
after the association is incorporated, apply to the chief executive for the 16
licence or permit to be transferred to the incorporated association.'. 17
55 Amendment of s 133 (Request to surrender)
Clause 18
(1) Section 133(1), `A licensee'-- 19
omit, insert-- 20
`An appropriate person'. 21
(2) Section 133(3)(a)-- 22
omit, insert-- 23
`(a) must be made in writing by the appropriate person; and'. 24
(3) Section 133(4), `a licensee'-- 25
omit, insert-- 26
`an appropriate person'. 27
(4) Section 133(4), `the licensee'-- 28
s 56 36 s 57
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
omit, insert-- 1
`the appropriate person'. 2
(5) Section 133-- 3
insert-- 4
`(8) In this section-- 5
"appropriate person", in relation to the surrender of a licence, means-- 6
(a) the licensee, if the licensee is sole owner of the licensed 7
premises; or 8
(b) the owner, lessee or mortgagee of the licensed premises, if any of 9
the following apply-- 10
(i) the licensee has been lawfully evicted from, or has 11
abandoned, the licensed premises; 12
(ii) the lease, sublease, tenancy or right to occupy the licensed 13
premises of the licensee has been lawfully terminated; 14
(iii) the licensee has ceased to conduct business in the licensed 15
premises and has not agreed to the application; or 16
(c) the licensee and the owner of the licensed premises, if paragraph 17
(a) or (b) does not apply.'. 18
PART 15--AMENDMENT OF MOTOR VEHICLES 19
SECURITIES ACT 1986 20
56 Act amended in pt 15
Clause 21
This part amends the Motor Vehicles Securities Act 1986. 22
57 Insertion of new s 23A
Clause 23
After section 23-- 24
insert-- 25
s 58 37 s 59
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`23A Inspecting searchable application 1
`(1) A person may, on payment of the fee prescribed under a regulation, 2
inspect a searchable application. 3
(2) In this section-- 4
"searchable application" means an application under any of the following 5
provisions-- 6
(a) section 7(1); 7
(b) section 8(2); 8
(c) section 14(1); 9
(d) section 42(2).'. 10
PART 16--AMENDMENT OF PARTNERSHIP (LIMITED 11
LIABILITY) ACT 1988 12
58 Act amended in pt 16
Clause 13
This part amends the Partnership (Limited Liability) Act 1988. 14
59 Amendment of s 16 (Incidents of limited partnerships)
Clause 15
(1) Section 16(1A), (2) and (3)-- 16
renumber as section 16(2), (4) and (5) respectively. 17
(2) Section 16-- 18
insert-- 19
`(3) A limited partner must not be regarded as taking part in the 20
management of the business of the limited partnership only because the 21
limited partner-- 22
(a) is an employee or an independent contractor of the partnership or 23
of a general partner; or 24
(b) is an officer of a general partner that is a corporation; or 25
s 60 38 s 61
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(c) gives advice to, or for, the limited partnership or a general 1
partner-- 2
(i) as part of the proper exercise of the functions arising from 3
the engagement of the limited partner in a professional 4
capacity; or 5
(ii) arising from business dealings between the limited partner 6
and the partnership or a general partner; or 7
(d) gives a guarantee or indemnity for a debt or obligation of the 8
partnership or of a general partner; or 9
(e) participates in an action by the limited partners to enforce the 10
rights, or safeguard the interests, of the limited partners; or 11
(f) if authorised by the partnership agreement, participates in a 12
general meeting of all the partners; or 13
(g) exercises a right mentioned in subsection (2).'. 14
PART 17--AMENDMENT OF PROPERTY AGENTS AND 15
MOTOR DEALERS ACT 2000 16
60 Act amended in pt 17
Clause 17
This part amends the Property Agents and Motor Dealers Act 2000. 18
61 Amendment of s 5 (Exemption--public officials)
Clause 19
Section 5(1)-- 20
omit, insert-- 21
`(1) Section 35412 does not apply to-- 22
(a) a bailiff serving a notice, claim, application, summons or other 23
process; or 24
12 Section 354 (Acting as commercial agent)
s 62 39 s 64
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(b) a person, other than a commercial agent, who is an enforcement 1
officer or a member of the staff of the State Penalties 2
Enforcement Registry under the State Penalties Enforcement Act 3
1999-- 4
(i) collecting, or requesting payment of, debts; or 5
(ii) serving a notice, claim, application, summons or other 6
process.'. 7
62 Insertion of new s 31A
Clause 8
After section 31-- 9
insert-- 10
`31A Defence Housing Authority is a suitable person 11
`The Defence Housing Authority is taken to be a suitable person to hold 12
a licence.'. 13
63 Insertion of new s 48A
Clause 14
In chapter 2, part 5, division 8, after section 48-- 15
insert-- 16
`48A Defence Housing Authority is eligible to obtain particular 17
licences 18
`The Defence Housing Authority is taken to be eligible to obtain the 19
following licences-- 20
(a) restricted letting agent's licence; 21
(b) real estate agent's licence; 22
(c) auctioneer's licence; 23
(d) property developer's licence.'. 24
64 Amendment of s 50 (Licence--public trustee)
Clause 25
Section 50-- 26
insert-- 27
s 65 40 s 67
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`(2) A licence issued to the public trustee authorises an officer or 1
employee of the public trustee to perform any activity authorised by the 2
public trustee that the public trustee may perform under the licence. 3
`(3) To remove any doubt, it is declared that an officer or employee 4
performing an activity authorised by the public trustee is not required to be 5
licensed or registered under this Act to perform the activity.'. 6
65 Amendment of s 51 (Licence--chief executive of department)
Clause 7
Section 51-- 8
insert-- 9
`(4) A licence issued to the chief executive authorises an officer or 10
employee of the department of which the chief executive is chief executive 11
to perform any activity authorised by the chief executive that the chief 12
executive may perform under the licence. 13
`(5) To remove any doubt, it is declared that an officer or employee 14
performing an activity authorised by the chief executive is not required to 15
be licensed or registered under this Act to perform the activity.'. 16
66 Amendment of s 52 (Licence--Queensland Housing Commission)
Clause 17
Section 52-- 18
insert-- 19
`(2) A licence issued to the Queensland Housing Commission authorises 20
an officer or employee of the commission to perform any activity 21
authorised by the commission that the commission may perform under the 22
licence. 23
`(3) To remove any doubt, it is declared that an officer or employee 24
performing an activity authorised by the commission is not required to be 25
licensed or registered under this Act to perform the activity.'. 26
67 Insertion of new s 52A
Clause 27
After section 52-- 28
insert-- 29
s 68 41 s 70
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`52A Licence--Defence Housing Authority 1
`(1) The chief executive may issue a licence to the Defence Housing 2
Authority in the name `Defence Housing Authority'. 3
`(2) A licence issued to the Defence Housing Authority authorises an 4
officer or employee of the authority to perform any activity authorised by 5
the authority that the authority may perform under the licence. 6
`(3) To remove any doubt, it is declared that an officer or employee 7
performing an activity authorised by the authority is not required to be 8
licensed or registered under this Act to perform the activity.'. 9
68 Amendment of s 74 (Immediate suspension)
Clause 10
Section 74(2)(b), `suspend'-- 11
omit, insert-- 12
`without limiting paragraph (a), for subsection (1)(a), suspend'. 13
69 Amendment of s 85 (Suitability of applicants)
Clause 14
(1) Section 85(1)(a)-- 15
omit. 16
(2) Section 85(1)(b) to (d)-- 17
renumber as section 85(1)(a) to (c). 18
70 Amendment of s 86 (Chief executive must consider suitability
Clause 19
of applicants) 20
Section 86(1)(g)-- 21
omit, insert-- 22
`(g) if the person is affected by bankruptcy action-- 23
(i) the circumstances giving rise to the person being affected by 24
bankruptcy action; and 25
(ii) whether the person took all reasonable steps to avoid the 26
coming into existence of the circumstances that resulted in 27
the person being affected by bankruptcy action; and 28
s 71 42 s 73
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(iii) whether the person is in a position to influence significantly 1
the management of a licensee's business;'. 2
71 Amendment of s 92 (Registration certificate--conditions)
Clause 3
Section 92(1), from `desirable'-- 4
omit, insert-- 5
`desirable-- 6
(a) for the proper performance of the activities authorised by the 7
certificate; or 8
(b) for another purpose consistent with the achievement of the 9
objects of this Act. 10
11
Example--
12
If the chief executive decides to issue a registration certificate to a person who is or has
13
been affected by bankruptcy action, the chief executive may issue the certificate subject
14
to a condition that the person not receive, bank or otherwise be responsible for dealing
15
with trust account moneys.'.
72 Replacement of s 105 (Immediate cancellation)
Clause 16
Section 105-- 17
omit, insert-- 18
`105 Immediate cancellation 19
`(1) The registration certificate of a registered employee is cancelled if 20
the employee is convicted of a serious offence. 21
`(2) The employee must return the certificate to the chief executive 22
within 14 days after the conviction, unless the employee has a reasonable 23
excuse. 24
Maximum penalty for subsection (2)--100 penalty units.'. 25
73 Amendment of s 133 (Appointment of real estate agent--general)
Clause 26
(1) Section 133(3)(f)-- 27
insert-- 28
s 74 43 s 74
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`Note-- 1
2
For additional requirements for an appointment for a sole or exclusive
3
agency, see section 135.'.
(2) Section 133(4)(b), `the appointment'-- 4
omit, insert-- 5
`that the appointment, other than to the extent it relates to the sale of land 6
or interests in land,'. 7
74 Insertion of new s 134A
Clause 8
After section 134-- 9
insert-- 10
`134A Pre-appointment advice about types of appointment 11
`If the appointment is for the sale of a place of residence or land or an 12
interest in a place of residence or land, before the appointment is signed, 13
the real estate agent must specifically bring to the client's notice the 14
information in the form of appointment about-- 15
(a) the effect of the following-- 16
(i) an open listing;13 17
(ii) an exclusive agency; 14
18
(iii) a sole agency;15 and 19
(b) the difference between sole agency and exclusive agency. 20
Maximum penalty--200 penalty units. 21
22
Note--
23
The commission of an offence against this section also renders the appointment
24
ineffective under section 137(3).'.
13 See section 16 (Meaning of "open listing").
14 See section 19(2) (Difference between "exclusive agency" and "sole agency").
15 See section 19(3) (Difference between "exclusive agency" and "sole agency").
s 75 44 s 76
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
75 Amendment of s 135 (Appointment of real estate agent--sole and
Clause 1
exclusive agencies) 2
(1) Section 135(1)-- 3
omit, insert-- 4
`(1) If the appointment is for a sole or exclusive agency, before the 5
appointment is signed, the real estate agent must discuss with the client 6
whether the appointment is to be for a sole agency or an exclusive agency 7
and specifically bring to the client's notice the information in the form of 8
appointment about-- 9
(a) the proposed term of the appointment; and 10
(b) if the appointment is for the sale of residential property, the 11
client's entitlement to negotiate the term of the appointment up to 12
a maximum term of 60 days; and 13
(c) the difference between sole agency and exclusive agency, unless 14
the information has been brought to the client's notice under 15
section 134A; and 16
(d) the consequences for the client if the property is sold by someone 17
other than the agent during the term of the appointment. 18
Maximum penalty--200 penalty units. 19
20
Note--
21
The commission of an offence against this subsection also renders an appointment for
22
the sale of a place of residence or land or an interest in a place of residence or land
23
ineffective under section 137(3).'.
(2) Section 135(3)-- 24
omit, insert-- 25
`(3) Subsection (1)(b) does not apply if the appointment is for the sale of 26
3 or more residential properties.'. 27
76 Amendment of s 136 (Restriction on reappointment of real estate
Clause 28
agents for sales of residential property) 29
Section 136(2)-- 30
omit, insert-- 31
s 77 45 s 78
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`(2) The limitation on the term of reappointment under subsection (1) 1
does not apply if the reappointment is for the sale of 3 or more residential 2
properties. 3
`(3) A real estate agent appointed for the sale of residential property 4
under a sole or exclusive agency commits an offence if the agent is 5
reappointed for the sale earlier than 14 days before the term of the sole or 6
exclusive agency ends. 7
Maximum penalty for subsection (3)--200 penalty units. 8
9
Note--
10
The commission of an offence against this subsection in relation to the reappointment
11
also renders the reappointment ineffective under section 137.'.
77 Insertion of new s 136A
Clause 12
After section 136-- 13
insert-- 14
`136A Form of reappointment 15
`(1) The reappointment of a real estate agent under section 136 must be 16
made in the approved form. 17
`(2) A reappointment that does not comply with subsection (1) is 18
ineffective from the time it is made.'. 19
78 Replacement of s 137 (Avoidance of appointments)
Clause 20
Section 137-- 21
omit, insert-- 22
`137 When appointments and reappointments are ineffective 23
`(1) The appointment of a real estate agent for the sale of residential 24
property under a sole or exclusive agency is ineffective from the time it is 25
made if the term of the appointment is more than 60 days. 26
`(2) Subsection (1) does not apply if the appointment is for the sale of 27
3 or more residential properties. 28
`(3) The appointment of a real estate agent for the sale of a place of 29
residence or land or an interest in a place of residence or land is ineffective 30
s 79 46 s 81
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
from the time it is made if the real estate agent commits an offence against 1
section 134A or 135(1). 2
`(4) The reappointment of a real estate agent for a further term of sole or 3
exclusive agency for the sale of residential property is ineffective from the 4
time it is made if the real estate agent commits an offence against 5
section 136(3) in relation to the reappointment.'. 6
79 Amendment of s 138 (Disclosures to prospective buyer)
Clause 7
Section 138(1)(b)-- 8
omit, insert-- 9
`(b) whether the agent derives or expects to derive any benefit from a 10
person to whom the agent has referred the buyer and, if so, the 11
amount or value of the benefit;'. 12
80 Amendment of s 173 (Appointment of pastoral house--general)
Clause 13
Section 173(4)(b), `the appointment'-- 14
omit, insert-- 15
`that the appointment, other than to the extent it relates to the sale of land 16
or interests in land,'. 17
81 Insertion of new s 174A
Clause 18
After section 174-- 19
insert-- 20
`174A Pre-appointment advice about types of appointment 21
`If the appointment is for the sale of a place of residence or land or an 22
interest in a place of residence or land, before the appointment is signed, 23
the pastoral house must specifically bring to the client's notice the 24
information in the form of appointment about-- 25
(a) the effect of the following-- 26
(i) an open listing;16 27
16 See section 16 (Meaning of "open listing").
s 82 47 s 82
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(ii) an exclusive agency;17 1
(iii) a sole agency; and
18
2
(b) the difference between sole agency and exclusive agency. 3
Maximum penalty-- 4
(a) for an individual guilty under chapter 2 of the Criminal Code of 5
an offence or for section 59119--200 penalty units; or 6
(b) for a pastoral house--1 000 penalty units. 7
8
Note--
9
The commission of an offence against this section also renders the appointment
10
ineffective under section 177(3).'.
82 Amendment of s 175 (Appointment of pastoral house--sole and
Clause 11
exclusive agencies) 12
(1) Section 175(1)-- 13
omit, insert-- 14
`(1) If the appointment is for a sole or exclusive agency, before the 15
appointment is signed, the pastoral house must discuss with the client 16
whether the appointment is to be for a sole agency or an exclusive agency 17
and specifically bring to the client's notice the information in the form of 18
appointment about-- 19
(a) the proposed term of the appointment; and 20
(b) if the appointment is for the sale of residential property, the 21
client's entitlement to negotiate the term of the appointment up to 22
a maximum term of 60 days; and 23
(c) the difference between sole agency and exclusive agency, unless 24
the information has been brought to the client's notice under 25
section 174A; and 26
(d) the consequences for the client if the property is sold by someone 27
other than the agent during the term of the appointment. 28
17 See section 19(2) (Difference between "exclusive agency" and "sole agency").
18 See section 19(3) (Difference between "exclusive agency" and "sole agency").
19 Section 591 (Executive officers must ensure corporation complies with Act)
s 83 48 s 83
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
Maximum penalty-- 1
(a) for an individual guilty under chapter 2 of the Criminal Code of 2
an offence or for section 59120--200 penalty units; or 3
(b) for a pastoral house--1 000 penalty units. 4
5
Note--
6
The commission of an offence against this subsection also renders an appointment for
7
the sale of a place of residence or land or an interest in a place of residence or land
8
ineffective under section 177(3).'.
(2) Section 175(3)-- 9
omit, insert-- 10
`(3) Subsection (1)(b) does not apply if the appointment is for the sale of 11
3 or more residential properties.'. 12
83 Amendment of s 176 (Restriction on reappointment of pastoral
Clause 13
house for sales of residential property) 14
Section 176(2)-- 15
omit, insert-- 16
`(2) The limitation on the term of reappointment under subsection (1) 17
does not apply if the reappointment is for the sale of 3 or more residential 18
properties. 19
`(3) A pastoral house appointed for the sale of residential property under 20
a sole or exclusive agency commits an offence if the pastoral house is 21
reappointed for the sale earlier than 14 days before the term of the sole or 22
exclusive agency ends. 23
Maximum penalty for subsection (3)-- 24
(a) for an individual guilty under chapter 2 of the Criminal Code of 25
an offence or for section 59121--200 penalty units; or 26
(b) for a pastoral house--1 000 penalty units. 27
28
Note--
20 Section 591 (Executive officers must ensure corporation complies with Act)
21 Section 591 (Executive officers must ensure corporation complies with Act)
s 84 49 s 86
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
1
The commission of an offence against this subsection in relation to the reappointment
2
also renders the reappointment ineffective under section 177.'.
84 Insertion of new s 176A
Clause 3
After section 176-- 4
insert-- 5
`176A Form of reappointment 6
`(1) The reappointment of a pastoral house under section 176 must be 7
made in the approved form. 8
`(2) A reappointment that does not comply with subsection (1) is 9
ineffective from the time it is made.'. 10
85 Replacement of s 177 (Avoidance of appointments)
Clause 11
Section 177-- 12
omit, insert-- 13
`177 When appointments and reappointments are ineffective 14
`(1) The appointment of a pastoral house for a sole or exclusive agency 15
for the sale of residential property is ineffective from the time it is made if 16
the term of the appointment is more than 60 days. 17
`(2) Subsection (1) does not apply if the appointment is for the sale of 18
3 or more residential properties. 19
`(3) The appointment of a pastoral house for the sale of a place of 20
residence or land or an interest in a place of residence or land is ineffective 21
from the time it is made if the pastoral house commits an offence against 22
section 174A or 175(1). 23
`(4) The reappointment of a pastoral house for a further term of sole or 24
exclusive agency for the sale of residential property is ineffective from the 25
time it is made if the pastoral house commits an offence against 26
section 176(3) in relation to the reappointment.'. 27
86 Amendment of s 210 (Appointment of auctioneer--general)
Clause 28
(1) Section 210(4)(b), `the appointment'-- 29
omit, insert-- 30
s 87 50 s 87
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`that the appointment, other than to the extent it relates to the sale of land 1
or interests in land,'. 2
(2) Section 210(7), penalty-- 3
omit, insert-- 4
`Maximum penalty--200 penalty units. 5
`(8) This section does not apply if the service to be performed is the sale 6
of livestock.'. 7
87 Insertion of new s 211A
Clause 8
After section 211-- 9
insert-- 10
`211A Pre-appointment advice about types of appointment 11
`If the appointment is for the sale of a place of residence or land or an 12
interest in a place of residence or land, before the appointment is signed, 13
the auctioneer must specifically bring to the client's notice the information 14
in the form of appointment about-- 15
(a) the effect of the following-- 16
(i) an open listing;22 17
(ii) an exclusive agency; 23
18
(iii) a sole agency;24 and 19
(b) the difference between sole agency and exclusive agency. 20
Maximum penalty--200 penalty units. 21
22
Note--
23
The commission of an offence against this section also renders the appointment
24
ineffective under section 214(3).'.
22 See section 16 (Meaning of "open listing").
23 See section 19(2) (Difference between "exclusive agency" and "sole agency").
24 See section 19(3) (Difference between "exclusive agency" and "sole agency").
s 88 51 s 89
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
88 Amendment of s 212 (Appointment of auctioneer--sole and
Clause 1
exclusive agencies) 2
(1) Section 212(1)-- 3
omit, insert-- 4
`(1) If the appointment is for a sole or exclusive agency, before the 5
appointment is signed, the auctioneer must discuss with the client whether 6
the appointment is to be for a sole agency or an exclusive agency and 7
specifically bring to the client's notice the information in the form of 8
appointment about-- 9
(a) the proposed term of the appointment; and 10
(b) if the appointment is for the sale of residential property, the 11
client's entitlement to negotiate the term of the appointment up to 12
a maximum term of 60 days; and 13
(c) the difference between sole agency and exclusive agency, unless 14
the information has been brought to the client's notice under 15
section 211A; and 16
(d) the consequences for the client if the property is sold by someone 17
other than the auctioneer during the term of the sole or exclusive 18
agency. 19
Maximum penalty--200 penalty units. 20
21
Note--
22
The commission of an offence against this subsection also renders an appointment for
23
the sale of a place of residence or land or an interest in a place of residence or land
24
ineffective under section 214(3).'.
(2) Section 212-- 25
insert-- 26
`(3) Subsection (1)(b) does not apply if the appointment is for the sale of 27
3 or more residential properties.'. 28
89 Amendment of s 213 (Restriction on reappointment of auctioneers
Clause 29
for sales of residential property) 30
Section 213(2)-- 31
omit, insert-- 32
s 90 52 s 91
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`(2) The limitation on the term of reappointment under subsection (1) 1
does not apply if the reappointment is for the sale of 3 or more residential 2
properties. 3
`(3) An auctioneer appointed for the sale of residential property under a 4
sole or exclusive agency commits an offence if the auctioneer is 5
reappointed for the sale earlier than 14 days before the term of the sole or 6
exclusive agency ends. 7
Maximum penalty for subsection (3)--200 penalty units. 8
9
Note--
10
The commission of an offence against this subsection in relation to the reappointment
11
also renders the reappointment ineffective under section 214.'.
90 Insertion of new s 213A
Clause 12
After section 213-- 13
insert-- 14
`213A Form of reappointment 15
`(1) The reappointment of an auctioneer under section 213 must be made 16
in the approved form. 17
`(2) A reappointment that does not comply with subsection (1) is 18
ineffective from the time it is made.'. 19
91 Replacement of s 214 (Avoidance of appointments)
Clause 20
Section 214-- 21
omit, insert-- 22
`214 When appointments and reappointments are ineffective 23
`(1) The appointment of an auctioneer for a sole or exclusive agency for 24
the sale of residential property is ineffective from the time it is made if the 25
term of the appointment is more than 60 days. 26
`(2) Subsection (1) does not apply if the appointment is for the sale of 27
3 or more residential properties. 28
`(3) The appointment of an auctioneer for the sale of a place of residence 29
or land or an interest in a place of residence or land is ineffective from the 30
s 92 53 s 94
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
time it is made if the auctioneer commits an offence against section 211A 1
or 212(1). 2
`(4) The reappointment of an auctioneer for a further term of sole or 3
exclusive agency for the sale of residential property is ineffective from the 4
time it is made if the auctioneer commits an offence against section 213(3) 5
in relation to the reappointment.'. 6
92 Amendment of s 237 (Application of pt 4)
Clause 7
Section 237(2), after `part'-- 8
insert-- 9
`, other than sections 238 and 239,'. 10
93 Amendment of s 239 (Announcements before auction)
Clause 11
Section 239(2)-- 12
omit, insert-- 13
`(2) An auctioneer does not contravene subsection (1) if-- 14
(a) 2 or more vehicles that do not have a statutory warranty are to be 15
auctioned in consecutive lots; and 16
(b) immediately before the first vehicle is to be auctioned, the 17
auctioneer identifies the vehicles and announces that the 18
identified vehicles do not have a statutory warranty. 19
20
Example--
21
Lots 10 to 25 are vehicles that do not have a statutory warranty. The
22
auctioneer does not contravene subsection (1) if, immediately before the
23
auction of lot 10, the auctioneer announces lots 10 to 25 are vehicles that
24
do not have a statutory warranty.'.
94 Amendment of s 261 (Meaning of "complete a residential
Clause 25
property sale") 26
Section 261(2)(a)-- 27
omit, insert-- 28
`(a) the person appointed a real estate agent, pastoral house or 29
auctioneer (the "agent") to sell the interest in the residential 30
s 95 54 s 97
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
property on the person's behalf and the agent is the effective 1
cause of the sale; or'. 2
95 Amendment of s 262 (What a property developer's licence
Clause 3
authorises) 4
Section 262-- 5
insert-- 6
`(4) A property developer who is an individual may be the person in 7
charge of the business of a property developer that is a corporation at the 8
corporation's registered office or at another place where the corporation 9
conducts its business.'. 10
96 Amendment of s 267 (Licensee or salesperson to be in charge of a
Clause 11
property developer's business at a place) 12
(1) Section 267(2)(a), after `corporate developer'-- 13
insert-- 14
`or another property developer'. 15
(2) Section 267(2)(b), `property developer director or'-- 16
omit, insert-- 17
`property developer director, or a property developer who is an 18
individual or a'. 19
97 Replacement of s 268 (Disclosures to prospective buyer)
Clause 20
Section 268-- 21
omit, insert-- 22
`268 Disclosures to prospective buyer 23
`(1) A property developer agent marketing residential property must 24
disclose the following to any prospective buyer of the property-- 25
(a) any relationship, and the nature of the relationship (whether 26
personal or commercial), the property developer agent has with 27
anyone to whom the agent refers the buyer for professional 28
services associated with the sale; 29
s 97 55 s 97
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
1
Examples of relationships for paragraph (a)--
2
1. A family relationship.
3
2. A business relationship, other than a casual business relationship.
4
3. A fiduciary relationship.
5
4. A relationship in which 1 person is accustomed, or obliged, to act in
6
accordance with the directions, instructions, or wishes of the other.
(b) whether the property developer agent derives or expects to derive 7
any benefit from a person to whom the agent has referred the 8
buyer and, if so, the amount, value or nature of the benefit; 9
(c) the amount, value or nature of any benefit any person has 10
received, receives, or expects to receive in connection with the 11
sale, or for promoting the sale, or for providing a service in 12
connection with the sale, of the property. 13
14
Examples for paragraph (c) of persons who may receive a benefit--
15
· seller
16
· finance broker
17
· financial adviser
18
· financier
19
· property valuer
20
· solicitor
21
· residential property developer.
Maximum penalty--200 penalty units. 22
`(2) The disclosure is effective for subsection (1) only if it is-- 23
(a) given to the prospective buyer in the approved form; and 24
(b) acknowledged by the prospective buyer in writing on the 25
approved form; and 26
(c) given and acknowledged before a contract for the sale of the 27
residential property is entered into. 28
`(3) The approved form must include a statement that a residential 29
property developer marketing residential property must hold an interest of 30
at least 15% in the property. 31
`(4) Also, for subsection (1)(c), disclosure in compliance with the 32
approved form is sufficient. 33
s 98 56 s 98
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`(5) In this section-- 1
"benefit" means monetary or other benefit. 2
"property developer agent" means-- 3
(a) a residential property developer; or 4
(b) a property developer salesperson; or 5
(c) a person acting as a property developer salesperson in 6
contravention of section 276.25 7
"residential property developer" means-- 8
(a) a property developer; or 9
(b) a person acting as a property developer in contravention of 10
section 275.26'. 11
98 Replacement of s 365 (When buyer is bound under a relevant
Clause 12
contract) 13
Section 365-- 14
omit, insert-- 15
`365 When parties are bound under a relevant contract 16
`(1) The buyer and the seller under a relevant contract are bound for all 17
purposes by the contract when the buyer or the buyer's agent receives a 18
copy of the contract signed by the buyer and the seller. 19
`(2) For subsection (1) and without limiting how the buyer or the buyer's 20
agent may receive a copy of the signed contract, the buyer or the buyer's 21
agent may receive the copy by fax. 22
`(3) Without limiting how the buyer may withdraw the offer to purchase 23
made in the contract form, the buyer may withdraw the offer at any time 24
before being bound by the contract under subsection (1) by giving written 25
notice of withdrawal, including notice by fax, to the seller or the seller's 26
agent. 27
25 Section 276 (Pretending to be property developer salesperson)
26 Section 275 (Acting and marketing offences)
s 99 57 s 101
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
`(4) For this section, a thing sent by fax is taken to be received by the 1
person to whom it is sent if the sender's fax machine indicates that 2
transmission has been successful. 3
`(5) If a dispute arises about when the buyer and the seller are bound by 4
the contract, the onus is on the seller to prove when the parties were bound 5
by the contract. 6
`(6) In this section-- 7
"buyer's agent" includes a lawyer or licensee acting for the buyer and a 8
person authorised by the buyer or by law to sign the contract on the 9
buyer's behalf.'. 10
99 Amendment of s 366 (Warning statement to be attached to
Clause 11
relevant contract) 12
Section 366(4)(a), `before a witness'-- 13
omit. 14
100 Amendment of s 367 (Buyer's rights if warning statement not
Clause 15
given) 16
(1) Section 367(5) to (7)-- 17
renumber as section 367(6) to (8). 18
(2) Section 367-- 19
insert-- 20
`(5) If the seller, acting under subsection (4), instructs a licensee acting 21
for the seller to refund the deposit paid under the contract to the buyer, the 22
licensee must immediately refund the deposit to the buyer. 23
Maximum penalty--200 penalty units.'. 24
101 Amendment of s 376 (Account's name)
Clause 25
Section 376(1), `general' (second mention)-- 26
omit. 27
s 102 58 s 104
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
102 Amendment of s 506 (Constitution of tribunal for hearing)
Clause 1
Section 506(3)-- 2
omit, insert-- 3
`(3) Also, the tribunal must be constituted by the chairperson sitting 4
alone, or another member who is a lawyer sitting alone, for the following 5
proceedings-- 6
(a) a marketeer proceeding;27 7
(b) a public examination under section 528A. '. 28
8
103 Amendment of s 547 (Entry to places)
Clause 9
(1) Section 547(1)-- 10
insert-- 11
`(d) it is a licensee's place of business and is-- 12
(i) open for carrying on business; or 13
(ii) otherwise open for entry; or 14
(iii) required to be open for inspection under, or as a condition 15
of, the licensee's licence; or 16
(e) it is a marketeer's place of business and is-- 17
(i) open for carrying on business; or 18
(ii) otherwise open for entry.'. 19
(2) Section 547-- 20
insert-- 21
`(3) For subsection (1)(d) and (e), a place of business does not include a 22
part of the place where a person resides.'. 23
104 Insertion of new div hdg
Clause 24
After section 554-- 25
27 See chapter 14 (Claims against the fund and other proceedings), part 3A (Marketeer
proceedings).
28 Section 528A (Tribunal may conduct public examination)
s 105 59 s 106
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
insert-- 1
`Division 4--Other powers'. 2
105 Amendment of s 556 (Power to require documents to be
Clause 3
produced) 4
Section 556, heading, after `produced'-- 5
insert-- 6
`--licensees'. 7
106 Insertion of new s 556A
Clause 8
After section 556-- 9
insert-- 10
`556A Power to require documents to be produced--marketeers 11
`(1) An inspector may require a marketeer, or another person having 12
possession, custody, or control of relevant documents on behalf of the 13
marketeer, to produce any document relating to-- 14
(a) the sale, or promotion of the sale, or provision of a service in 15
connection with the sale, of residential property in which the 16
marketeer has or had an interest; or 17
(b) the employment of a person by the marketeer in the sale, or 18
promotion of the sale, or provision of a service in connection 19
with the sale, of residential property in which the marketeer has 20
or had an interest. 21
`(2) The inspector may require the marketeer or other person to produce 22
a document immediately or at a stated reasonable place at a stated 23
reasonable time. 24
`(3) The marketeer or other person must comply with a requirement 25
under subsection (1) or (2), unless the person has a reasonable excuse. 26
Maximum penalty--200 penalty units. 27
`(4) It is a reasonable excuse for an individual to fail to produce a 28
document if producing the document might tend to incriminate the 29
individual. 30
`(5) The inspector may-- 31
s 107 60 s 109
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(a) inspect a produced document; or 1
(b) audit or copy a produced document; or 2
(c) seize a produced document if the inspector believes, on 3
reasonable grounds-- 4
(i) the document is evidence of an offence against this Act; and 5
(ii) the seizure is necessary to prevent-- 6
(A) the document being hidden, lost or destroyed; or 7
(B) the document being used to commit, continue or repeat 8
an offence against this Act.'. 9
107 Amendment of s 589 (Proceedings for an offence)
Clause 10
Section 589(8), `2 years or more'-- 11
omit, insert-- 12
`more than 2 years'. 13
108 Insertion of pt hdg
Clause 14
Chapter 19, before section 603-- 15
insert-- 16
`PART 1--TRANSITIONAL AND SAVINGS PROVISIONS 17
FOR REPEALED ACT'. 18
109 Amendment of s 603 (Definitions for ch 19)
Clause 19
(1) Section 603, heading, `ch 19'-- 20
omit, insert-- 21
`pt 1'. 22
(2) Section 603, `chapter'-- 23
omit, insert-- 24
`part'. 25
s 110 61 s 111
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
110 Amendment of s 614 (Existing appointments to act as licensee)
Clause 1
Section 614-- 2
insert-- 3
`(3) Also, if the engagement, appointment or agreement is for an 4
exclusive agency (as defined under this Act), the engagement, appointment 5
or agreement ends on the earlier of the following days-- 6
(a) the day it ends according to its terms; 7
(b) a day 60 days after the commencement of this subsection.'. 8
111 Insertion of new ch 19, pt 2
Clause 9
Chapter 19, after section 630-- 10
insert-- 11
`PART 2--TRANSITIONAL PROVISIONS FOR 12
TOURISM, RACING AND FAIR TRADING 13
(MISCELLANEOUS PROVISIONS) ACT 2002 14
`631 Transitional provision for relevant contracts mentioned 15
in repealed s 365 16
`(1) This section applies to a relevant contract for chapter 11 if, on the 17
commencement-- 18
(a) the buyer under the contract has the contract, or a copy of the 19
contract, signed by the buyer and the seller; and 20
(b) the seller has given the buyer a notice in the approved form for 21
the repealed section 365 signed and dated by the seller and 22
declaring the date on which the seller signed the contract; and 23
(c) the buyer has not given the seller or the seller's agent-- 24
(i) a copy of the signed contract; and 25
(ii) the notice mentioned in paragraph (b); and 26
(d) the contract has not been settled or lawfully terminated. 27
`(2) The buyer is taken to be bound under the contract on the earlier of 28
the following days-- 29
s 111 62 s 111
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(a) the day the buyer would be bound under the contract if repealed 1
section 365 were still in force; 2
(b) the end of the seventh day after the commencement of this 3
section. 4
`(3) To remove any doubt, it is declared that the cooling-off period for 5
the contract starts on the day the buyer is taken to be bound under the 6
contract. 7
`(4) In this section-- 8
"commencement" means the commencement of this section. 9
"repealed section 365" means section 365 as in force immediately before 10
the commencement.'. 11
`632 Transitional provision for warning statements 12
`(1) This section applies to a relevant contract for chapter 11 entered into 13
on or after 1 July 2001 and before the commencement of this section. 14
`(2) The seller or a person acting for the seller who prepared the contract 15
does not commit an offence against section 366(2) if the warning statement 16
was attached to the contract immediately beneath an information sheet if 17
the information sheet was attached as the first or top sheet of the contract. 18
`(3) Also, if the contract has not been settled or lawfully terminated, the 19
buyer can not terminate the contract because of noncompliance with 20
section 366(1) only because a warning statement was attached to the 21
contract immediately beneath an information sheet if the information sheet 22
was attached as the first or top sheet of the contract. 23
`(4) Subsection (3) has effect despite section 367(2). 24
`(5) In this section-- 25
"information sheet" means an information sheet under the Body 26
Corporate and Community Management Act 1997, section 170(5).29'. 27
29 Body Corporate and Community Management Act 1997, section 170 (Statement to
be given by seller to buyer)
s 112 63 s 116
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
PART 18--AMENDMENT OF RACING AND BETTING 1
AMENDMENT ACT 2000 2
112 Act amended in pt 18
Clause 3
This part amends the Racing and Betting Amendment Act 2000. 4
113 Amendment of s 45 (Amendment of sch 3 (Acts amended after
Clause 5
assent)) 6
Section 45, `1998'-- 7
omit, insert-- 8
`1980'. 9
PART 19--AMENDMENT OF RETIREMENT VILLAGES 10
ACT 1999 11
114 Act amended in pt 19
Clause 12
This part amends the Retirement Villages Act 1999. 13
115 Amendment of s 45 (Content of residence contract)
Clause 14
(1) Section 45(1)(h) to (m)-- 15
renumber as section 45(1)(i) to (n). 16
(2) Section 45(1)-- 17
insert-- 18
`(h) all conditions precedent to the resident's right to reside in the 19
retirement village;'. 20
116 Amendment of s 46 (Dealing with ingoing contribution)
Clause 21
(1) Section 46(3)-- 22
s 117 64 s 117
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
insert-- 1
`(c) if the ingoing contribution relates to an accommodation unit that 2
has not previously been occupied--the day the resident's 3
accommodation unit is suitable for habitation and the resident is 4
entitled to vacant possession of the unit.'. 5
(2) Section 46-- 6
insert-- 7
`(4A) For subsection (3)(c), without limiting when an accommodation 8
unit is not suitable for habitation, an accommodation unit is not suitable for 9
habitation if-- 10
(a) reticulated water is not connected to the unit; or 11
(b) all sanitary installations are not installed or are not operational in 12
the unit.'. 13
117 Amendment of s 87 (Definitions for div 1)
Clause 14
(1) Section 87-- 15
insert-- 16
` "criminal history", of a person, means criminal history as defined under 17
the Criminal Law (Rehabilitation of Offenders) Act 1986, other than a 18
spent conviction. 19
"spent conviction" means a conviction-- 20
(a) for which the rehabilitation period under the Criminal Law 21
(Rehabilitation of Offenders) Act 1986 has expired under that 22
Act; and 23
(b) that is not revived as prescribed by section 11 of that Act.30'. 24
(2) Section 87, definition "relevant conviction", `conviction for'-- 25
omit, insert-- 26
`conviction, other than a spent conviction, for'. 27
30 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 118 65 s 118
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
118 Insertion of new ss 88A and 88B
Clause 1
Part 5, division 1, after section 88-- 2
insert-- 3
`88A Investigations about scheme operators etc. 4
`(1) The chief executive may ask the commissioner of the police service 5
for a written report about the criminal history of a person who-- 6
(a) applies to the chief executive to register a retirement village 7
scheme; or 8
(b) the chief executive reasonably suspects-- 9
(i) is a scheme operator; or 10
(ii) promotes a retirement village scheme; or 11
(iii) sells rights to reside in a retirement village; or 12
(iv) is concerned, directly or indirectly, in managing a 13
retirement village. 14
`(2) The commissioner must give the report to the chief executive. 15
`(3) However, the report is required to contain only criminal history in 16
the commissioner's possession or to which the commissioner has access. 17
`88B Criminal history is confidential document 18
`(1) An officer, employee or agent of the department ("representative") 19
must not, directly or indirectly, disclose to anyone else a report about a 20
person's criminal history, or information contained in the report, given 21
under section 88A. 22
Maximum penalty--100 penalty units. 23
`(2) However, the representative does not contravene subsection (1) if-- 24
(a) disclosure of the report or information to someone else is 25
authorised by the chief executive to the extent necessary to 26
perform a function under or in relation to this Act; or 27
(b) the disclosure is otherwise required or permitted by law. 28
`(3) The chief executive must destroy the report as soon as practicable 29
after considering it unless the report is to be used for a prosecution.'. 30
s 119 66 s 122
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
119 Amendment of s 94 (Payments into capital replacement fund)
Clause 1
Section 94(1), `The following amounts must be'-- 2
omit, insert-- 3
`The scheme operator must ensure that the following amounts are'. 4
120 Amendment of s 100 (Payments into maintenance reserve fund)
Clause 5
Section 100(1), `The following amounts must be'-- 6
omit, insert-- 7
`The scheme operator must ensure that the following amounts are'. 8
121 Amendment of s 110 (Scheme operator must insure village)
Clause 9
Section 110(2)-- 10
omit, insert-- 11
`(2) The scheme operator must ensure that insurance taken out under this 12
section-- 13
(a) covers, to the greatest practicable extent-- 14
(i) damage; and 15
(ii) costs incidental to the reinstatement or replacement of 16
insured buildings, including the cost of taking away debris 17
and the fees of architects and other professional advisers; 18
and 19
(iii) public liability; and 20
(b) provides for the reinstatement of property to its condition when 21
new. 22
Maximum penalty for subsection (2)--540 penalty units.'. 23
122 Amendment of s 112 (Quarterly financial statements)
Clause 24
(1) Section 112(2), `The'-- 25
omit, insert-- 26
`For subsection (1), the'. 27
s 123 67 s 124
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
(2) Section 112(2), penalty-- 1
omit. 2
PART 20--REPEALS AND MINOR AMENDMENTS 3
123 Repeals
Clause 4
(1) The following Acts are repealed-- 5
· Hawkers Act 1984 No. 46 6
· Loan Fund Companies Act 1982 No. 1. 7
(2) The following regulation is repealed-- 8
· Invasion of Privacy Regulation 1998 SL No. 154. 9
124 Acts amended--schedule
Clause 10
The schedule amends the Acts it mentions. 11
68
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
SCHEDULE 1
MINOR AMENDMENTS 2
section 124 3
BUSINESS NAMES ACT 1962 4
1 Section 3-- 5
insert-- 6
` "prescribed fee" means the fee prescribed under a regulation.'. 7
COLLECTIONS ACT 1966 8
1 Section 5, definition "art union", `Art Unions and Public 9
Amusements Act 1992'-- 10
omit, insert-- 11
`Charitable and Non-Profit Gaming Act 1999'. 12
2 Section 20(3), `of charity'-- 13
omit, insert-- 14
`of a charity'. 15
3 Section 30(1), `Art Unions and Public Amusements Act 1992'-- 16
omit, insert-- 17
`Charitable and Non-Profit Gaming Act 1999'. 18
69
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
SCHEDULE (continued)
COOPERATIVES ACT 1997 1
1 Sections 143(4)(c) and 242(1)(b) and (d)(i), `section 232(1)'-- 2
omit, insert-- 3
`section 232(2)'. 4
LAND SALES ACT 1984 5
1 Sections 22(1) and 25(1)(a) and (c) and (2)(b), after 6
`section 21(4)'-- 7
insert-- 8
`or (6)'. 9
MOTOR VEHICLES SECURITIES AND OTHER ACTS 10
AMENDMENT ACT 2001 11
1 Section 6(2), definitions "existing security interest", "holder", 12
"primary section" and "transferred security interest", `part 6'-- 13
omit, insert-- 14
`part 7'. 15
2 Section 25, new part 5, division 3-- 16
renumber as part 5, division 2. 17
70
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
SCHEDULE (continued)
3 Section 25, new part 5, division 4-- 1
renumber as part 5, division 3. 2
4 Section 27, heading-- 3
omit, insert-- 4
`27 Insertion of new s 40 and pts 7 and 8'. 5
5 Section 27, new part 6-- 6
renumber as part 7. 7
6 Section 27, new section 41, heading-- 8
omit, insert-- 9
`41 Definitions for pt 7'. 10
7 Section 27, new section 42(4), `section 8'-- 11
omit, insert-- 12
`section 8(1)'. 13
8 Section 27, new part 7-- 14
renumber as part 8. 15
9 Section 27, new part 8 as renumbered, after section 46-- 16
insert-- 17
`46A Declaration about commencement of certain provisions 18
`To remove any doubt, it is declared that the Motor Vehicles Securities 19
and Other Acts Amendment Act 2001, section 19(4), part 3, sections 35, 36, 20
38 to 40, 42 and 46(2) are always taken to have commenced on 7 June 21
2001.'. 22
71
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
SCHEDULE (continued)
10 Section 27, new section 47, heading-- 1
omit, insert-- 2
`47 Expiry of pt 8'. 3
11 Schedule 1, entry for Motor Vehicles Securities Act 1986, item 3-- 4
omit, insert-- 5
`3 Sections 7AA, 7AB, 7AC and 7A-- 6
renumber as sections 7A, 7B, 7C and 7D.'. 7
POLICE POWERS AND RESPONSIBILITES ACT 2000 8
1 Schedule 4, definition "identifying particulars offence", 9
paragraph (b), entry for Hawkers Act 1984-- 10
omit. 11
PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 12
1 Section 17(4)-- 13
insert-- 14
` "vacant land" means land on which there are no structural 15
improvements, other than fencing.'. 16
2 Section 20(b), after `estate'-- 17
insert-- 18
`agent'. 19
72
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
SCHEDULE (continued)
3 Section 149(3)(d)(ii), `; and'-- 1
omit, insert-- 2
`;'. 3
4 Section 153(4), penalty-- 4
omit. 5
5 Section 153(5)-- 6
omit, insert-- 7
`(5) The real estate agent must keep a copy of the signed statement at the 8
real estate agent's registered office and make it available for the immediate 9
inspection of an inspector who asks to see it. 10
Maximum penalty for subsection (5)--200 penalty units.'. 11
6 Section 238, `An unwarranted vehicle may be advertised or 12
displayed for sale'-- 13
omit, insert-- 14
`An auctioneer may advertise or display for sale an unwarranted 15
vehicle'. 16
7 Section 316, `An unwarranted vehicle may be advertised or 17
displayed for sale'-- 18
omit, insert-- 19
`A motor dealer may advertise or display for sale an unwarranted 20
vehicle'. 21
8 Section 386(1), after `account'-- 22
insert-- 23
`as required under this section'. 24
73
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
SCHEDULE (continued)
9 Section 386(2) and (3), penalty-- 1
omit. 2
10 Section 532(2)(i) to (vi)-- 3
renumber as section 532(a) to (f). 4
11 Section 556(5)(c), `seize a document'-- 5
omit, insert-- 6
`seize a produced document'. 7
12 Section 591(3), `committed'-- 8
omit, insert-- 9
`been convicted of'. 10
13 Schedule 3, definition "livestock"-- 11
omit, insert-- 12
` "livestock" means horses, cattle, sheep or swine.'. 13
14 Schedule 3, definitions "commencement", "committee" and 14
"former fund", after `chapter 19,'-- 15
insert-- 16
`part 1,'. 17
74
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
SCHEDULE (continued)
QUEENSLAND BUILDING TRIBUNAL ACT 2000 1
1 Section 79(2), `contravenes'-- 2
omit, insert-- 3
`is in contempt under'. 4
RETIREMENT VILLAGES ACT 1999 5
1 Section 10(3)(b), `a right,'-- 6
omit, insert-- 7
`, a right'. 8
2 Section 116(1), after `a retirement village'-- 9
insert-- 10
`scheme'. 11
SECURITY PROVIDERS ACT 1993 12
1 Section 6(2)(b)-- 13
omit. 14
2 Section 6(2)(c)-- 15
renumber as section 6(2)(b). 16
75
Tourism, Racing and Fair Trading (Miscellaneous
Provisions) Bill 2002
SCHEDULE (continued)
TRANSPORT OPERATIONS (ROAD USE 1
MANAGEMENT) ACT 1995 2
1 Section 66(5)-- 3
omit. 4
2 Section 66(6), (7) and (8)-- 5
renumber as section 66(5), (6) and (7). 6
7
© State of Queensland 2002
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