COMMERCIAL AND CONSUMER TRIBUNAL ACT 2003

Queensland Consolidated Acts

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COMMERCIAL AND CONSUMER TRIBUNAL ACT 2003

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

1. Short title
2. Commencement
3. Act binds all persons
4. Objects of Act
5. Definitions

Part 2--The tribunal

6. Tribunal established
7. Tribunal's seal
8. Jurisdiction of tribunal
9. Powers of tribunal
10. Advertising for nominations for appointment as a member
11. Appointment of members
12. Member's remuneration and appointment conditions
13. Termination of appointment
14. Resignation of members
15. Member's roles
16. Delegation by chairperson
17. Chairperson and director to work cooperatively
18. Acting members
19. Disclosure of interests

Part 3--The registry

20. Registry established
21. Appointment of director and staff of registry
22. Director's functions and powers
23. Delegation by director
24. Keeping and disclosure of records and information
25. Acting director

Part 4--Presiding case manager

26. Presiding case manager
27. Acting presiding case manager
28. Presiding case manager's power to deal with particular applications to tribunal
29. Independence of presiding case manager
30. Disclosure of interests

Part 5--Operation of tribunal

Division 1--Starting proceedings

31. How to start proceedings
32. Application by a group of individuals
33. Defence and counterclaim
34. Amendment of pleadings

Division 2--Business names

35. Proceeding if business name
36. Proceeding if registered business name
37. Proceeding in business name if unregistered
38. Defence
39. Amendment as to parties

Division 3--Transfer of proceedings

40. Transfer of proceedings between tribunal and the courts

Division 4--Service

41. Service of documents
42. Service in relation to a business
43. Acceptance of service by solicitor
43A. Substituted service
44. Informal service

Division 5--Case management

45. Tribunal to fix time and place for proceedings
46. Hearings generally open to the public
47. Way tribunal is to conduct proceedings
48. Hearing on the papers
49. Practice directions
50. Directions and orders
51. Documents to which disclosure does not apply
52. Extension of time and waiver of compliance
53. Inclusion of parties
54. Consolidation of proceedings
55. Sequence of hearings
56. Directions
57. Variation of order
58. Vexatious proceedings
59. Non-appearance of respondent
60. Conduct of proceeding causing disadvantage
61. Withdrawal by applicant
62. Withdrawal by respondent
63. Further application after withdrawal restricted
64. Costs order on applicant's withdrawal
65. Notice of withdrawal
66. Tribunal may hear proceeding regardless of related criminal or disciplinary action

Division 6--Security for costs

67. Security for costs
68. Way security given
69. Finalising security

Division 7--Costs generally

70. Purposes of div 7
71. Costs
72. Stay pending payment of costs

Division 8--Representation

73. Purposes of div 8
74. Who represents party at mediation
75. Who represents party at pre-hearing conference
76. Who represents party at other proceedings

Division 9--Other provisions about proceedings

77. Tribunal may require witness to attend
78. Offences by witnesses
79. Warrant may be issued if witness does not attend
80. False or misleading information
81. Powers of tribunal relating to taking of evidence
82. Referral of matters for expert report
83. Entry and inspection of property
84. Procedure before entry
85. Inspection of documents or things
86. Contempt of tribunal
87. Punishment of contempt
88. Conduct that is contempt and offence
89. Protection of persons at tribunal
90. Suppression of sensitive information

Division 10--Tribunal decisions and enforcement

91. Form of decisions of tribunal
92. When decision takes effect
93. Registration and enforcement of decisions

Division 11--Further action in relation to a proceeding

94. Correcting mistakes
95. Reopening an order if party does not appear
96. Reopening an order if problems with interpretation or implementation
97. Application to reopen order must not be made if appeal filed
98. Questions of law to be decided by presiding member
99. Cases stated
100. Appeals

Part 6--Proceedings before tribunal

Division 1--Review proceedings

101. Reviewable decisions
102. Application for review
103. Stay of operation of decision
104. Orders tribunal may make on review hearing

Division 2--Disciplinary proceedings, stop orders and suspension orders

105. Tribunal may conduct disciplinary proceeding
106. How to start disciplinary proceedings
107. Orders for disciplinary action
108. Stop orders
109. Suspension orders

Division 3--Public Examinations

110. Tribunal may conduct public examination
111. Procedure before public examination starts
112. Person must answer certain questions

Division 4--Other matters

113. Other matters

Part 7--Ways tribunal may resolve proceedings

Division 1--Hearing of proceedings

114. Hearing of proceedings

Division 2--Decision by default

115. Decision by default for debt
116. Setting aside decision by default

Division 3--Mediation

117. Tribunal may appoint mediator
118. Method of mediation
119. Matters about mediation
120. Mediators to maintain secrecy
121. Mediator precluded from tribunal hearing
122. Time limit for mediation before expedited hearing

Division 4--Expedited hearings

123. Matters for which an expedited hearing may be held
124. Procedure for expedited hearing

Division 5--Summary decision

125. Summary decision for applicant
126. Summary decision for respondent
127. Claims not disposed of by summary decision
128. Evidence
129. Service
130. Examination of parties and witnesses
131. Stay of enforcement
132. Setting aside summary decision

Division 6--Pre-hearing conferences

133. Pre-hearing conferences
134. Who is required to attend pre-hearing conferences
135. Evidence from pre-hearing conferences inadmissible
136. When member may hear proceeding after presiding at a pre-hearing conference
137. Failure of a party to attend a pre-hearing conference

Division 7--Settlement Offers

138. Making settlement offers
139. Effect of offer
140. Accepting settlement offers
141. Consequences if accepted offer is not complied with
142. Tribunal must order party to pay costs if certain offers to settle rejected

Part 8--Miscellaneous

143. Finance and staffing of tribunal
144. Trust account
145. Annual report on operation of tribunal
146. Proceedings for offences
147. Limitation on time for starting summary proceeding
148. Penalties to be paid to State agency
149. Contracting out prohibited
150. Executive officers must ensure corporation complies with Act
151. Proof of signature unnecessary
152. Evidentiary aids
153. Protection from liability
154. Forms
155. Regulation-making power

Part 9--Transitional and declaratory provisions

Division 1--Transitional provisions for Act No. 30 of 2003

156. Definitions for div 1
157. Abolition of former tribunals
158. Proceedings and mediations started before commencement
159. Proceedings about matters arising before commencement to be dealt with under this Act
160. Orders and directions
161. Records of old tribunal
162. Chairperson
163. Presiding case manager
164. Full-time members
165. Former members
166. Director
167. Staff of registry

Division 2--Declaratory provision for Justice Legislation Amendment Act 2008

168. Declaration

Division 3--Transitional provision for Justice (Fair Trading) Legislation Amendment Act 2008

169. Registration of tribunal decisions

Division 4--Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009

170. Definitions for div 4
171. Former registrars and registry staff
172. Things done by or in relation to former registrar
173. References to former registrar
SCHEDULE 2 DICTIONARY
Endnotes

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