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This is a Bill, not an Act. For current law, see the Acts databases.


FAIR TRADING INSPECTORS BILL 2013

           Queensland



Fair Trading Inspectors
Bill 2013

 


 

 

Queensland Fair Trading Inspectors Bill 2013 Contents Page Chapter 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Modifying operation of Act for Manufactured Homes (Residential Parks) Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Modifying operation of Act for Property Occupations Act 2013 . . 12 7 Modifying operation of Act for Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Modifying operation of Act for Retirement Villages Act 1999 . . . . 13 9 Modifying operation of Act for Tourism Services Act 2003 . . . . . . 13 10 Modifying operation of Act for Travel Agents Act 1988 . . . . . . . . . 14 11 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Chapter 2 Inspectors Part 1 General provisions about inspectors Division 1 Functions 12 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2 Appointment 13 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 16 14 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 16 15 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 16 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 3 Identity cards 17 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 18 19 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

 


 

Fair Trading Inspectors Bill 2013 Contents Division 4 Miscellaneous provisions 20 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 18 21 Reference to document includes reference to reproductions from electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Part 2 Entry to places by inspectors Division 1 Power to enter 22 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 2 Entry by consent 23 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 24 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Matters inspector must tell occupier . . . . . . . . . . . . . . . . . . . . . . . 21 26 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 3 Entry under warrant Subdivision 1 Obtaining warrant 27 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 28 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 29 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 30 Additional procedure if electronic application . . . . . . . . . . . . . . . . 25 31 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Subdivision 2 Entry procedure 32 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Part 3 Other inspectors' powers and related matters Division 1 Stopping or moving vehicles 33 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 34 Power to stop or move . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 35 Identification requirements if vehicle moving . . . . . . . . . . . . . . . . 29 36 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 2 General powers of inspectors after entering places 37 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 38 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 39 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 31 40 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 32 Division 3 Seizure by inspectors and forfeiture Subdivision 1 Power to seize 41 Seizing evidence at a place that may be entered without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Page 2

 


 

Fair Trading Inspectors Bill 2013 Contents 42 Seizing evidence at a place that may be entered only with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 43 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . 33 Subdivision 2 Powers to support seizure 44 Power to secure seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 45 Offence to contravene other seizure requirement . . . . . . . . . . . . 34 46 Offence to interfere. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Subdivision 3 Safeguards for seized things 47 Receipt and information notice for seized thing . . . . . . . . . . . . . . 35 48 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 49 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Subdivision 4 Forfeiture 50 Forfeiture by chief executive decision. . . . . . . . . . . . . . . . . . . . . . 37 51 Information notice about forfeiture decision . . . . . . . . . . . . . . . . . 38 Subdivision 5 Dealing with property forfeited or transferred to the State 52 When thing becomes property of the State . . . . . . . . . . . . . . . . . 39 53 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 4 Disposal orders 54 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 5 Other information-obtaining powers of inspectors 55 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 40 56 Offence to contravene personal details requirement . . . . . . . . . . 41 57 Power to require production of document. . . . . . . . . . . . . . . . . . . 42 58 Offence to contravene document production requirement . . . . . . 43 59 Offence to contravene document certification requirement . . . . . 43 60 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 61 Offence to contravene information requirement . . . . . . . . . . . . . . 45 Part 4 Obtaining criminal history reports 62 Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 63 Chief executive's power to obtain criminal history report . . . . . . . 45 64 Criminal history is confidential document . . . . . . . . . . . . . . . . . . . 46 Part 5 Miscellaneous provisions relating to inspectors Division 1 Damage 65 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 47 66 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Page 3

 


 

Fair Trading Inspectors Bill 2013 Contents Division 2 Compensation 67 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Division 3 Other offences relating to inspectors 68 Giving inspector false or misleading information . . . . . . . . . . . . . 49 69 Obstructing inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 70 Impersonating inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 4 Other provisions 71 Evidential immunity for individuals complying with particular requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Chapter 3 Appeals, evidence and legal proceedings Part 1 Reviews and appeals Division 1 Right of appeal 72 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Division 2 Internal review of decisions 73 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . 52 74 How to apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 75 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 76 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Division 3 Appeals 77 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 78 Procedure for an appeal to the court . . . . . . . . . . . . . . . . . . . . . . 54 79 Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . 55 80 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 81 Effect of decision of court on appeal . . . . . . . . . . . . . . . . . . . . . . 56 Part 2 Evidence and legal proceedings Division 1 Evidentiary provisions 82 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 83 Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 84 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 85 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 2 Offence proceedings 86 Offences under Act are summary. . . . . . . . . . . . . . . . . . . . . . . . . 57 87 Statement of complainant's knowledge . . . . . . . . . . . . . . . . . . . . 58 Chapter 4 Miscellaneous provisions 88 Supervision by inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 89 Reasonable excuse defences. . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Page 4

 


 

Fair Trading Inspectors Bill 2013 Contents 90 Protection from liability for particular persons . . . . . . . . . . . . . . . 58 91 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 92 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 93 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 94 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Chapter 5 Transitional provisions Part 1 Purposes, definitions and general approach 95 Main purposes of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 96 Definitions for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 97 References to primary Act for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . 62 98 Document, action, obligation or protection under previous provision of primary Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 99 Terminology in things mentioned in s 98(1) . . . . . . . . . . . . . . . . . 63 100 Period stated in previous provision. . . . . . . . . . . . . . . . . . . . . . . . 64 101 Period or date stated in document given under previous provision ..................................... 64 102 Action happening before commencement may be relevant to proceeding for particular acts or omissions . . . . . . . . . . . . . . . . . 65 103 Acts Interpretation Act 1954, s 20 not limited. . . . . . . . . . . . . . . . 65 Part 2 Transitional provisions relating to particular provisions of primary Acts Division 1 Examples for chapter 2 104 Examples for ch 2 of documents under s 98 . . . . . . . . . . . . . . . . 66 105 Examples for ch 2 of obligations under s 98. . . . . . . . . . . . . . . . . 67 106 Examples for ch 2 of protections under s 98 . . . . . . . . . . . . . . . . 69 Division 2 General matters 107 Existing authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 108 Existing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 109 Reviews and appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 110 References in Acts and documents . . . . . . . . . . . . . . . . . . . . . . . 71 Chapter 6 Amendment of Acts Part 1 Amendment of this Act 111 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 112 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Part 2 Amendment of Funeral Benefit Business Act 1982 113 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 114 Insertion of new s 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Page 5

 


 

Fair Trading Inspectors Bill 2013 Contents 3 Relationship with Fair Trading Inspectors Act 2013 . . 72 115 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 72 116 Replacement of pt 2, hdg (Appointment of officers) . . . . . . . . . . . 73 117 Omission of ss 6B-6D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 118 Amendment of s 52 (Cancellation of registration by QCAT) . . . . . 73 119 Omission of s 81 (Powers of inspectors) . . . . . . . . . . . . . . . . . . . 73 Part 3 Amendment of Introduction Agents Act 2001 120 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 121 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 4A Relationship with Fair Trading Inspectors Act 2013 . . 74 122 Amendment of pt 2, div 1, hdg (Definitions and notes) . . . . . . . . 74 123 Omission of s 6 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 124 Omission of pt 6 (Enforcement) . . . . . . . . . . . . . . . . . . . . . . . . . . 74 125 Amendment of s 91 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . 74 126 Amendment of s 96 (Protecting officials from liability) . . . . . . . . . 75 127 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 75 Part 4 Amendment of Land Sales Act 1984 128 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 129 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 5A Relationship with Fair Trading Inspectors Act 2013 . . 76 130 Omission of pt 3A (Enforcement) . . . . . . . . . . . . . . . . . . . . . . . . . 76 Part 5 Amendment of Manufactured Homes (Residential Parks) Act 2003 131 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 132 Amendment of pt 1, div 2, hdg (Objects) . . . . . . . . . . . . . . . . . . . 76 133 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 4A Relationship with Fair Trading Inspectors Act 2013 . . 77 134 Omission of pts 16 and 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 135 Amendment of s 134 (Appointments and authority) . . . . . . . . . . . 77 136 Amendment of s 143 (Protection from liability). . . . . . . . . . . . . . . 78 137 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 78 Part 6 Amendment of Residential Services (Accreditation) Act 2002 138 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 139 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 2A Relationship with Fair Trading Inspectors Act 2013 . . 79 Page 6

 


 

Fair Trading Inspectors Bill 2013 Contents 140 Omission of pt 8 (Investigation and enforcement) . . . . . . . . . . . . 79 141 Relocation and renumbering of s 139 (Alteration of certificates) . 79 142 Amendment of s 165 (Appointments and authority) . . . . . . . . . . . 80 143 Amendment of s 166 (Signatures) . . . . . . . . . . . . . . . . . . . . . . . . 80 144 Amendment of s 167 (Other evidentiary aids) . . . . . . . . . . . . . . . 80 145 Amendment of s 180 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 80 146 Amendment of s 182 (Protection from liability). . . . . . . . . . . . . . . 80 147 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 81 Part 7 Amendment of Retirement Villages Act 1999 148 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 149 Amendment of pt 1, div 2, hdg (Objects) . . . . . . . . . . . . . . . . . . . 81 150 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 3A Relationship with Fair Trading Inspectors Act 2013 . . 81 151 Omission of pt 8 (Enforcement) . . . . . . . . . . . . . . . . . . . . . . . . . . 82 152 Amendment of s 220 (Appointments and authority) . . . . . . . . . . . 82 153 Amendment of s 221 (Evidentiary provisions) . . . . . . . . . . . . . . . 82 154 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 82 Part 8 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 155 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 156 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 3A Relationship with Fair Trading Inspectors Act 2013 . . 83 157 Amendment of s 59 (Presumption of right to redeem) . . . . . . . . . 83 158 Omission of pt 5 (Enforcement) . . . . . . . . . . . . . . . . . . . . . . . . . . 83 159 Amendment of s 96 (False or misleading information) . . . . . . . . . 84 160 Omission of s 97 (Obstruction of authorised officers) . . . . . . . . . 84 161 Amendment of s 103 (Authorised officer may prosecute) . . . . . . 84 162 Amendment of s 104 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . 84 163 Amendment of s 113 (Officials not civilly liable) . . . . . . . . . . . . . . 85 164 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 85 Part 9 Amendment of Security Providers Act 1993 165 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 166 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 2A Relationship with Fair Trading Inspectors Act 2013 . . 86 167 Replacement of s 25A (Production of licence) . . . . . . . . . . . . . . . 86 25A Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . 86 Page 7

 


 

Fair Trading Inspectors Bill 2013 Contents 168 Omission of pt 3 (Inspectors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 169 Amendment, relocation and renumbering of s 44 (False or misleading documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 170 Amendment of s 48 (Confidentiality of information) . . . . . . . . . . . 87 171 Replacement of s 49 (Protection from liability) . . . . . . . . . . . . . . . 87 49 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 87 172 Amendment of s 51 (Evidentiary provisions) . . . . . . . . . . . . . . . . 88 173 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 88 Part 10 Amendment of Tourism Services Act 2003 174 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 175 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 6A Relationship with Fair Trading Inspectors Act 2013 . . 88 176 Amendment of s 13 (Suitability for registration) . . . . . . . . . . . . . . 89 177 Omission of pt 6 (Investigation and enforcement) . . . . . . . . . . . . 89 178 Amendment of s 85 (Review by tribunal) . . . . . . . . . . . . . . . . . . . 89 179 Amendment of s 88 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . 89 180 Amendment of s 95 (Protecting officials from liability) . . . . . . . . . 90 181 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 90 Part 11 Amendment of Travel Agents Act 1988 182 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 183 Insertion of new s 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 4 Relationship with Fair Trading Inspectors Act 2013 . . 91 184 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 91 185 Omission of ss 45-45J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 186 Omission of s 47 (Investigations) . . . . . . . . . . . . . . . . . . . . . . . . . 91 187 Amendment of s 50 (False or misleading information or documents) .................................. 92 188 Replacement of s 54 (Proceedings for offences) . . . . . . . . . . . . . 92 54 Offences under Act are summary. . . . . . . . . . . . . . . . 92 189 Amendment of s 56 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Page 8

 


 

2013 A Bill for An Act to provide for the powers of inspectors under legislation about fair trading, and to make consequential amendments, and other amendments for particular purposes, of this Act, the Funeral Benefit Business Act 1982, the Introduction Agents Act 2001, the Land Sales Act 1984, the Manufactured Homes (Residential Parks) Act 2003, the Residential Services (Accreditation) Act 2002, the Retirement Villages Act 1999, the Second-hand Dealers and Pawnbrokers Act 2003, the Security Providers Act 1993, the Tourism Services Act 2003 and the Travel Agents Act 1988

 


 

Fair Trading Inspectors Bill 2013 Chapter 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Chapter 1 Preliminary 2 1 Short title 3 This Act may be cited as the Fair Trading Inspectors Act 4 2013. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 3 Act binds all persons 8 (1) This Act binds all persons, including the State, and, so far as 9 the legislative power of the Parliament permits, the 10 Commonwealth and the other States. 11 (2) Nothing in this Act makes the State, the Commonwealth or 12 another State liable to be prosecuted for an offence. 13 4 Operation of Act 14 (1) This Act enacts common provisions for the following Acts 15 (each a primary Act)-- 16 (a) Agents Financial Administration Act 2013; 17 (b) Debt Collectors (Field Agents and Collection Agents) 18 Act 2013; 19 (c) Funeral Benefit Business Act 1982; 20 (d) Introduction Agents Act 2001; 21 (e) Land Sales Act 1984; 22 (f) Manufactured Homes (Residential Parks) Act 2003; 23 Page 10

 


 

Fair Trading Inspectors Bill 2013 Chapter 1 Preliminary [s 5] (g) Motor Dealers and Chattel Auctioneers Act 2013; 1 (h) Property Occupations Act 2013; 2 (i) Residential Services (Accreditation) Act 2002; 3 (j) Retirement Villages Act 1999; 4 (k) Second-hand Dealers and Pawnbrokers Act 2003; 5 (l) Security Providers Act 1993; 6 (m) Tourism Services Act 2003; 7 (n) Travel Agents Act 1988. 8 (2) The common provisions mostly concern-- 9 (a) the appointment and powers of inspectors for primary 10 Acts; and 11 (b) the procedures relating to the exercise of the powers. 12 5 Modifying operation of Act for Manufactured Homes 13 (Residential Parks) Act 2003 14 (1) The common provisions are modified for the Manufactured 15 Homes (Residential Parks) Act 2003 by the provisions (each a 16 modifying provision) stated in subsections (3) and (4). 17 (2) A word defined in the Manufactured Homes (Residential 18 Parks) Act 2003 and used in a modifying provision has the 19 same meaning in the modifying provision as it has in that Act. 20 (3) Without limiting who may be an occupier under schedule 1, 21 definition occupier, of a place, the park owner for a residential 22 park is an occupier of the residential park, other than any part 23 of the park that is a home owner's manufactured home or the 24 site on which it is positioned. 25 (4) The power for an inspector to enter a place under section 26 22(1)(d) includes the power to enter a place (other than a part 27 of the place where a person resides) that is an office or other 28 place for administering or managing a residential park for 29 which site agreements are in force, and that is-- 30 (a) open for carrying on the business of the park; or 31 Page 11

 


 

Fair Trading Inspectors Bill 2013 Chapter 1 Preliminary [s 6] (b) otherwise open for entry. 1 6 Modifying operation of Act for Property Occupations Act 2 2013 3 (1) The common provisions are modified for the Property 4 Occupations Act 2013 by subsection (3) (the modifying 5 provision). 6 (2) A word defined in the Property Occupations Act 2013 and 7 used in the modifying provision has the same meaning in the 8 modifying provision as it has in that Act. 9 (3) In sections 28, 41, 42, 49, 55 and 67 a reference to an offence 10 against a primary Act is taken to include a reference to a 11 contravention of the Property Occupations Act 2013, section 12 207, 208 or 209. 13 7 Modifying operation of Act for Residential Services 14 (Accreditation) Act 2002 15 (1) The common provisions are modified for the Residential 16 Services (Accreditation) Act 2002 by the provisions (each a 17 modifying provision) stated in subsections (3) and (4). 18 (2) A word defined in the Residential Services (Accreditation) Act 19 2002 and used in a modifying provision has the same meaning 20 in the modifying provision as it has in that Act. 21 (3) Without limiting who may be an occupier under schedule 1, 22 definition occupier, of a place, the service provider for a 23 residential service is an occupier of premises in which the 24 residential service is being conducted, other than any part of 25 the premises that is occupied by a person as the person's place 26 of residence. 27 (4) If an inspector enters a private residence under section 28 22(1)(a) or (c), the inspector must preserve, as far as 29 practicable, the privacy of anyone living at the residence. 30 (5) In this section-- 31 Page 12

 


 

Fair Trading Inspectors Bill 2013 Chapter 1 Preliminary [s 8] private residence includes a room in registered premises 1 occupied by a person as the person's place of residence. 2 8 Modifying operation of Act for Retirement Villages Act 3 1999 4 (1) The common provisions are modified for the Retirement 5 Villages Act 1999 by subsection (3) (the modifying 6 provision). 7 (2) A word defined in the Retirement Villages Act 1999 and used 8 in the modifying provision has the same meaning in the 9 modifying provision as it has in that Act. 10 (3) The power for an inspector to enter a place under section 11 22(1)(d) includes the power to enter a place (other than a part 12 of the place where a person resides) that is an office or other 13 place for administering or managing a retirement village and 14 that is-- 15 (a) open for carrying on the business of the retirement 16 village; or 17 (b) otherwise open for entry. 18 9 Modifying operation of Act for Tourism Services Act 2003 19 (1) The common provisions are modified for the Tourism Services 20 Act 2003 by the provisions (each a modifying provision) 21 stated in subsections (3) to (5). 22 (2) A word defined in the Tourism Services Act 2003 and used in 23 a modifying provision has the same meaning in the modifying 24 provision as it has in that Act. 25 (3) The power for an inspector to enter a place under section 26 22(1)(d) includes the power to enter a place (other than a part 27 of a place where a person resides) if-- 28 (a) the inspector reasonably believes that records relating to 29 carrying on the business of an inbound tour operator, or 30 business as a tour guide, are kept at the place; and 31 (b) the place is-- 32 Page 13

 


 

Fair Trading Inspectors Bill 2013 Chapter 1 Preliminary [s 10] (i) open for carrying on business; or 1 (ii) otherwise open for entry. 2 (4) An inspector must not seize a thing under section 41 or 42 if 3 the inspector knows or suspects it is the property, or in the 4 possession, of a tourist. 5 (5) In sections 28, 33, 41, 42, 49, 55 and 67 a reference to an 6 offence against a primary Act is taken to include a reference 7 to a relevant contravention. 8 Note-- 9 The term `relevant contravention' is defined in the Tourism Services Act 10 2003, schedule 2. 11 10 Modifying operation of Act for Travel Agents Act 1988 12 (1) The common provisions are modified for the Travel Agents 13 Act 1988 by subsection (2) (the modifying provision). 14 (2) Compliance with the document production requirement under 15 section 57(1) in relation to a document requires making 16 available for inspection by an inspector, or producing to the 17 inspector for inspection, in addition to the document, a 18 statement, written in the English language and decipherable 19 on sight, containing the whole of the information in the 20 document. 21 (3) However, subsection (2) applies only in relation to a 22 document that is not written in the English language or is not 23 decipherable on sight. 24 (4) This section does not limit section 57. 25 11 Definitions 26 The dictionary in schedule 1 defines particular words used in 27 this Act. 28 Page 14

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 1 General provisions about inspectors [s 12] Chapter 2 Inspectors 1 Part 1 General provisions about 2 inspectors 3 Division 1 Functions 4 12 Functions of inspectors 5 (1) For this Act or a primary Act, an inspector has the following 6 functions-- 7 (a) to investigate, monitor and enforce compliance with this 8 Act or the primary Act; 9 (b) to investigate or monitor whether an occasion has arisen 10 for the exercise of powers under this Act or the primary 11 Act; 12 (c) to facilitate the exercise of powers under this Act or the 13 primary Act. 14 (2) Subject to this Act, an inspector may exercise the powers 15 under this Act for the purpose of these functions. 16 (3) Subject to the modifying provisions for the following Acts 17 and any provisions of the primary Act, the functions are in 18 addition to and do not limit any functions the inspector has 19 under the primary Act-- 20 (a) Manufactured Homes (Residential Parks) Act 2003; 21 (b) Property Occupations Act 2013; 22 (c) Residential Services (Accreditation) Act 2002; 23 (d) Retirement Villages Act 1999; 24 (e) Tourism Services Act 2003; 25 (f) Travel Agents Act 1988. 26 Page 15

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 1 General provisions about inspectors [s 13] (4) It is unnecessary for the inspector to hold a separate 1 appointment for this Act. 2 Division 2 Appointment 3 13 Appointment and qualifications 4 (1) The chief executive may, by instrument in writing, appoint 5 any of the following persons as an inspector for a primary 6 Act-- 7 (a) a public service employee; 8 (b) a person prescribed by the primary Act; 9 (c) a person prescribed under a regulation. 10 (2) However, the chief executive may appoint a person as an 11 inspector only if the chief executive is satisfied the person is 12 qualified for appointment because the person has the 13 necessary expertise or experience. 14 (3) The instrument must state the primary Act for which the 15 person is appointed as an inspector. 16 (4) A person may be appointed as an inspector for more than 1 17 primary Act. 18 14 Appointment conditions and limit on powers 19 (1) An inspector holds office on any conditions stated in-- 20 (a) the inspector's instrument of appointment; or 21 (b) a signed notice given to the inspector; or 22 (c) a regulation. 23 (2) The instrument of appointment, a signed notice given to the 24 inspector or a regulation may limit the inspector's powers. 25 (3) In this section-- 26 signed notice means a notice signed by the chief executive. 27 Page 16

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 1 General provisions about inspectors [s 15] 15 When office ends 1 (1) The office of a person as an inspector ends if any of the 2 following happens-- 3 (a) the term of office stated in a condition of office ends; 4 (b) under another condition of office, the office ends; 5 (c) the inspector's resignation under section 16 takes effect. 6 (2) Subsection (1) does not limit the ways the office of a person as 7 an inspector ends. 8 (3) In this section-- 9 condition of office means a condition under which the 10 inspector holds office. 11 16 Resignation 12 (1) An inspector may resign by signed notice given to the chief 13 executive. 14 (2) However, if holding office as an inspector is a condition of the 15 inspector holding another office, the inspector may not resign 16 as an inspector without resigning from the other office. 17 Division 3 Identity cards 18 17 Issue of identity card 19 (1) The chief executive must issue an identity card to each 20 inspector. 21 (2) The identity card must-- 22 (a) contain a recent photo of the inspector; and 23 (b) contain a copy of the inspector's signature; and 24 (c) identify the person as an inspector appointed under this 25 Act for a primary Act; and 26 Page 17

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 1 General provisions about inspectors [s 18] (d) identify the primary Act for which the person is 1 appointed; and 2 (e) state an expiry date for the card. 3 (3) This section does not prevent the issue of a single identity 4 card to a person for this Act and other purposes. 5 18 Production or display of identity card 6 (1) In exercising a power in relation to a person in the person's 7 presence, an inspector must-- 8 (a) produce the inspector's identity card for the person's 9 inspection before exercising the power; or 10 (b) have the identity card displayed so it is clearly visible to 11 the person when exercising the power. 12 (2) However, if it is not practicable to comply with subsection (1), 13 the inspector must produce the identity card for the person's 14 inspection at the first reasonable opportunity. 15 (3) For subsection (1), an inspector does not exercise a power in 16 relation to a person only because the inspector has entered a 17 place as mentioned in section 22(1)(b) or (d). 18 19 Return of identity card 19 If the office of a person as an inspector ends, the person must 20 return the person's identity card to the chief executive within 21 21 days after the office ends unless the person has a 22 reasonable excuse. 23 Maximum penalty--20 penalty units. 24 Division 4 Miscellaneous provisions 25 20 References to exercise of powers 26 If-- 27 Page 18

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 2 Entry to places by inspectors [s 21] (a) a provision of this chapter refers to the exercise of a 1 power by an inspector; and 2 (b) there is no reference to a specific power; 3 the reference is to the exercise of all or any inspectors' powers 4 under this chapter or a warrant, to the extent the powers are 5 relevant. 6 21 Reference to document includes reference to 7 reproductions from electronic document 8 A reference in this chapter to a document includes a reference 9 to an image or writing-- 10 (a) produced from an electronic document; or 11 (b) not yet produced, but reasonably capable of being 12 produced, from an electronic document, with or without 13 the aid of another article or device. 14 Part 2 Entry to places by inspectors 15 Division 1 Power to enter 16 22 General power to enter places 17 (1) An inspector may enter a place if-- 18 (a) an occupier of the place consents under division 2 to the 19 entry and section 25 has been complied with for the 20 occupier; or 21 (b) it is a public place and the entry is made when it is open 22 to the public; or 23 Page 19

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 2 Entry to places by inspectors [s 22] (c) the entry is authorised under a warrant and, if there is an 1 occupier of the place, section 32 has been complied with 2 for the occupier; or 3 (d) it is a place of business that is regulated under a primary 4 Act and is-- 5 (i) open for carrying on the business; or 6 (ii) otherwise open for entry; or 7 (iii) required to be open for inspection under the 8 primary Act. 9 (2) For subsection (1)(d), a place of business does not include a 10 part of the place where a person resides. 11 (3) If the power to enter arose only because an occupier of the 12 place consented to the entry, the power is subject to any 13 conditions of the consent and ceases if the consent is 14 withdrawn. 15 (4) If the power to enter is under a warrant, the power is subject to 16 the terms of the warrant. 17 (5) The consent may provide consent for re-entry and is subject to 18 the conditions of consent. 19 (6) If the power to re-enter is under a warrant, the re-entry is 20 subject to the terms of the warrant. 21 (7) For this section, a place of business is regulated under a 22 primary Act if-- 23 (a) the person who carries on business at the place holds, or 24 is required to hold, an authority under the primary Act to 25 carry on the business; or 26 (b) the place of business is, or is required to be, mentioned 27 in an authority under the primary Act. 28 (8) In this section-- 29 authority, under a primary Act, means a licence, registration, 30 permit or other authority, however called, issued under the 31 primary Act. 32 Page 20

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 2 Entry to places by inspectors [s 23] Division 2 Entry by consent 1 23 Application of div 2 2 This division applies if an inspector intends to ask an occupier 3 of a place for consent to the inspector or another inspector 4 entering the place under section 22(1)(a). 5 24 Incidental entry to ask for access 6 For the purpose of asking the occupier for the consent, the 7 inspector may, without the occupier's consent or a warrant-- 8 (a) enter land around premises at the place to an extent that 9 is reasonable to contact the occupier; or 10 (b) enter part of the place the inspector reasonably 11 considers members of the public ordinarily are allowed 12 to enter when they wish to contact an occupier of the 13 place. 14 25 Matters inspector must tell occupier 15 Before asking for the consent, the inspector must give a 16 reasonable explanation to the occupier-- 17 (a) about the purpose of the entry, including the powers 18 intended to be exercised; and 19 (b) that the occupier is not required to consent; and 20 (c) that the consent may be given subject to conditions and 21 may be withdrawn at any time. 22 26 Consent acknowledgement 23 (1) If the consent is given, the inspector may ask the occupier to 24 sign an acknowledgement of the consent. 25 (2) The acknowledgement must state-- 26 Page 21

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 2 Entry to places by inspectors [s 26] (a) the purpose of the entry, including the powers to be 1 exercised; and 2 (b) the following has been explained to the occupier-- 3 (i) the purpose of the entry, including the powers 4 intended to be exercised; 5 (ii) that the occupier is not required to consent; 6 (iii) that the consent may be given subject to conditions 7 and may be withdrawn at any time; and 8 (c) the occupier gives the inspector or another inspector 9 consent to enter the place and exercise the powers; and 10 (d) the time and day the consent was given; and 11 (e) any conditions of the consent. 12 (3) If the occupier signs the acknowledgement, the inspector must 13 immediately give a copy to the occupier. 14 (4) However, if it is impractical for the inspector to give the 15 occupier a copy of the acknowledgement immediately, the 16 inspector must give the copy as soon as practicable. 17 (5) If-- 18 (a) an issue arises in a proceeding about whether the 19 occupier consented to the entry; and 20 (b) an acknowledgement complying with subsection (2) for 21 the entry is not produced in evidence; 22 the onus of proof is on the person relying on the lawfulness of 23 the entry to prove the occupier consented. 24 Page 22

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 2 Entry to places by inspectors [s 27] Division 3 Entry under warrant 1 Subdivision 1 Obtaining warrant 2 27 Application for warrant 3 (1) An inspector may apply to a magistrate for a warrant for a 4 place. 5 (2) The inspector must prepare a written application that states 6 the grounds on which the warrant is sought. 7 (3) The written application must be sworn. 8 (4) The magistrate may refuse to consider the application until the 9 inspector gives the magistrate all the information the 10 magistrate requires about the application in the way the 11 magistrate requires. 12 Example-- 13 The magistrate may require additional information supporting the 14 written application to be given by statutory declaration. 15 28 Issue of warrant 16 (1) The magistrate may issue a warrant for the place only under 17 subsection (2) or (3). 18 (2) The magistrate may issue a warrant for the place if the 19 magistrate is satisfied there are reasonable grounds for 20 suspecting that there is at the place, or will be at the place 21 within the next 7 days, a particular thing or activity that may 22 provide evidence of an offence against this Act or a primary 23 Act. 24 (3) Also, the magistrate may issue a warrant for the place for the 25 purpose of the inspector's performance of the function 26 mentioned in section 12(1)(a) at the place if-- 27 (a) the place is a place mentioned in section 22(1)(b) or (d); 28 and 29 Page 23

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 2 Entry to places by inspectors [s 28] (b) the magistrate is satisfied it is reasonably necessary that 1 the inspector should have access to the place for the 2 purpose of effectively performing the function at the 3 place. 4 Example for paragraph (b)-- 5 The magistrate may be satisfied under paragraph (b) if the 6 inspector has made a reasonable attempt to perform the function 7 at the place without a warrant, but because of obstruction has 8 been unsuccessful. 9 (4) The warrant must state-- 10 (a) the place to which the warrant applies; and 11 (b) that a stated inspector or any inspector may with 12 necessary and reasonable help and force-- 13 (i) enter the place and any other place necessary for 14 entry to the place; and 15 (ii) exercise the inspector's powers; and 16 (c) particulars of the offence or other circumstances that the 17 magistrate considers appropriate; and 18 (d) if the warrant is issued under subsection (2)--the name 19 of the person suspected of having committed the offence 20 unless the name is unknown or the magistrate considers 21 it inappropriate to state the name; and 22 (e) the evidence that may be seized under the warrant; and 23 (f) the hours of the day or night when the place may be 24 entered; and 25 (g) the magistrate's name; and 26 (h) the day and time of the warrant's issue; and 27 (i) the day, within 14 days after the warrant's issue, the 28 warrant ends. 29 (5) Subsection (3) does not limit the powers that an inspector can 30 exercise in the absence of a warrant. 31 Page 24

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 2 Entry to places by inspectors [s 29] 29 Electronic application 1 (1) An application under section 27 may be made by phone, fax, 2 email, radio, videoconferencing or another form of electronic 3 communication if the inspector reasonably considers it 4 necessary because of-- 5 (a) urgent circumstances; or 6 (b) other special circumstances, including, for example, the 7 inspector's remote location. 8 (2) The application-- 9 (a) may not be made before the inspector prepares the 10 written application under section 27(2); but 11 (b) may be made before the written application is sworn. 12 30 Additional procedure if electronic application 13 (1) For an application made under section 29, the magistrate may 14 issue the warrant (the original warrant) only if the magistrate 15 is satisfied-- 16 (a) it was necessary to make the application under section 17 29; and 18 (b) the way the application was made under section 29 was 19 appropriate. 20 (2) After the magistrate issues the original warrant-- 21 (a) if there is a reasonably practicable way of immediately 22 giving a copy of the warrant to the inspector, including, 23 for example, by sending a copy by fax or email, the 24 magistrate must immediately give a copy of the warrant 25 to the inspector; or 26 (b) otherwise-- 27 (i) the magistrate must tell the inspector the 28 information mentioned in section 28(4); and 29 (ii) the inspector must complete a form of warrant, 30 including by writing on it the information 31 Page 25

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 2 Entry to places by inspectors [s 30] mentioned in section 28(4) provided by the 1 magistrate. 2 (3) The copy of the warrant mentioned in subsection (2)(a), or the 3 form of warrant completed under subsection (2)(b) (in either 4 case the duplicate warrant), is a duplicate of, and as effectual 5 as, the original warrant. 6 (4) The inspector must, at the first reasonable opportunity, send to 7 the magistrate-- 8 (a) the written application complying with section 27(2) 9 and (3); and 10 (b) if the inspector completed a form of warrant under 11 subsection (2)(b)--the completed form of warrant. 12 (5) The magistrate must keep the original warrant and, on 13 receiving the documents under subsection (4)-- 14 (a) attach the documents to the original warrant; and 15 (b) give the original warrant and documents to the clerk of 16 the court of the relevant magistrates court. 17 (6) Despite subsection (3), if-- 18 (a) an issue arises in a proceeding about whether an 19 exercise of a power was authorised by a warrant issued 20 under this section; and 21 (b) the original warrant is not produced in evidence; 22 the onus of proof is on the person relying on the lawfulness of 23 the exercise of the power to prove a warrant authorised the 24 exercise of the power. 25 (7) This section does not limit section 27. 26 (8) In this section-- 27 relevant magistrates court, in relation to a magistrate, means 28 the Magistrates Court that the magistrate constitutes under the 29 Magistrates Act 1991. 30 Page 26

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 2 Entry to places by inspectors [s 31] 31 Defect in relation to a warrant 1 (1) A warrant is not invalidated by a defect in-- 2 (a) the warrant; or 3 (b) compliance with this subdivision; 4 unless the defect affects the substance of the warrant in a 5 material particular. 6 (2) In this section-- 7 warrant includes a duplicate warrant mentioned in section 8 30(3). 9 Subdivision 2 Entry procedure 10 32 Procedure 11 (1) This section applies if an inspector is intending to enter a 12 place under a warrant issued under this division. 13 (2) Before entering the place, the inspector must do or make a 14 reasonable attempt to do the following things-- 15 (a) identify himself or herself to a person who is an 16 occupier of the place and is present by producing the 17 inspector's identity card or another document 18 evidencing the inspector's appointment; 19 (b) give the person a copy of the warrant; 20 (c) tell the person the inspector is permitted by the warrant 21 to enter the place; 22 (d) give the person an opportunity to allow the inspector 23 immediate entry to the place without using force. 24 (3) However, the inspector need not comply with subsection (2) if 25 the inspector believes on reasonable grounds that entry to the 26 place without compliance is required to ensure the execution 27 of the warrant is not frustrated. 28 (4) In this section-- 29 Page 27

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 33] warrant includes a duplicate warrant mentioned in section 1 30(3). 2 Part 3 Other inspectors' powers and 3 related matters 4 Division 1 Stopping or moving vehicles 5 33 Application of div 1 6 This division applies if an inspector reasonably suspects, or is 7 aware, that a thing in or on a vehicle may provide evidence of 8 the commission of an offence against this Act or a primary 9 Act. 10 34 Power to stop or move 11 (1) If the vehicle is moving, the inspector may, to exercise his or 12 her powers, signal or otherwise direct the person in control of 13 the vehicle to stop the vehicle and to bring the vehicle to, and 14 keep it at, a convenient place within a reasonable distance to 15 allow the inspector to exercise the powers. 16 (2) If the vehicle is stopped, the inspector may direct the person 17 in control of the vehicle-- 18 (a) not to move it until the inspector has exercised the 19 inspector's powers; or 20 (b) to move the vehicle to, and keep it at, a stated reasonable 21 place to allow the inspector to exercise the powers. 22 (3) When giving the direction under subsection (2), the inspector 23 must give the person in control an offence warning for the 24 direction. 25 Page 28

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 35] 35 Identification requirements if vehicle moving 1 (1) This section applies if the inspector proposes to give a 2 direction under section 34(1) and the vehicle is moving. 3 (2) The inspector must clearly identify himself or herself as an 4 inspector exercising the inspector's powers. 5 Examples-- 6 1 If the inspector is in a moving vehicle, he or she may use a 7 loudhailer to identify himself or herself as an inspector exercising 8 powers. 9 2 If the inspector is standing at the side of the road, he or she may use 10 a sign to identify himself or herself as an inspector exercising 11 powers. 12 (3) When the vehicle stops, the inspector must-- 13 (a) have with him or her the inspector's identity card; and 14 (b) immediately produce the identity card for the inspection 15 of the person in control of the vehicle. 16 (4) Subsection (3) applies despite section 18. 17 36 Failure to comply with direction 18 (1) The person in control of the vehicle must comply with a 19 direction under section 34 unless the person has a reasonable 20 excuse. 21 Maximum penalty--165 penalty units. 22 (2) It is a reasonable excuse for the person not to comply with a 23 direction if-- 24 (a) the vehicle was moving and the inspector did not 25 comply with section 35; or 26 (b) to comply immediately would have endangered 27 someone else or caused loss or damage to property, and 28 the person complies as soon as it is practicable to do so. 29 (3) Subsection (2) does not limit subsection (1). 30 Page 29

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 37] (4) A person does not commit an offence against subsection (1) 1 if-- 2 (a) the direction the person fails to comply with is given 3 under section 34(2); and 4 (b) the person is not given an offence warning for the 5 direction. 6 Division 2 General powers of inspectors after 7 entering places 8 37 Application of div 2 9 (1) The powers under this division may be exercised if an 10 inspector enters a place under section 22(1)(a), (c) or (d). 11 (2) However, if the inspector enters under section 22(1)(a) or (c), 12 the powers under this division are subject to any conditions of 13 the consent or terms of the warrant. 14 38 General powers 15 (1) The inspector may do any of the following (each a general 16 power)-- 17 (a) search any part of the place; 18 (b) inspect, examine or film any part of the place or 19 anything at the place; 20 (c) take for examination a thing, or a sample of or from a 21 thing, at the place; 22 (d) place an identifying mark in or on anything at the place; 23 (e) take an extract from, or copy, a document at the place, or 24 take the document to another place to copy; 25 (f) produce an image or writing at the place from an 26 electronic document or, to the extent it is not 27 practicable, take a thing containing an electronic 28 Page 30

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 39] document to another place to produce an image or 1 writing; 2 (g) take to, into or onto the place and use any person, 3 equipment and materials the inspector reasonably 4 requires for exercising the inspector's powers under this 5 division; 6 (h) remain at the place for the time necessary to achieve the 7 purpose of the entry. 8 (2) The inspector may take a necessary step to allow the exercise 9 of a general power. 10 (3) If the inspector takes a document from the place to copy it, the 11 inspector must copy the document and return it to the place as 12 soon as practicable. 13 (4) If the inspector takes from the place an article or device 14 reasonably capable of producing a document from an 15 electronic document to produce the document, the inspector 16 must produce the document and return the article or device to 17 the place as soon as practicable. 18 (5) In this section-- 19 examine includes analyse, test, account, measure, weigh, 20 grade, gauge and identify. 21 film includes photograph, videotape and record an image in 22 another way. 23 inspect, a thing, includes open the thing and examine its 24 contents. 25 39 Power to require reasonable help 26 (1) The inspector may make a requirement (a help requirement) 27 of an occupier of the place or a person at the place to give the 28 inspector reasonable help to exercise a general power, 29 including, for example, to produce a document or to give 30 information. 31 Page 31

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 40] (2) When making the help requirement, the inspector must give 1 the person an offence warning for the requirement. 2 40 Offence to contravene help requirement 3 (1) A person of whom a help requirement has been made must 4 comply with the requirement unless the person has a 5 reasonable excuse. 6 Maximum penalty--200 penalty units or 1 year's 7 imprisonment. 8 (2) It is a reasonable excuse for an individual not to comply with 9 a help requirement if complying might tend to incriminate the 10 individual or expose the individual to a penalty. 11 (3) However, subsection (2) does not apply if a document or 12 information the subject of the help requirement is required to 13 be held or kept by the defendant under this Act or a primary 14 Act. 15 Note-- 16 See, however, section 71. 17 Division 3 Seizure by inspectors and forfeiture 18 Subdivision 1 Power to seize 19 41 Seizing evidence at a place that may be entered without 20 consent or warrant 21 (1) An inspector who enters a place the inspector may enter under 22 this Act without the consent of an occupier of the place and 23 without a warrant under section 28(2) may seize a thing at the 24 place if the inspector reasonably believes the thing is evidence 25 of an offence against this Act or a primary Act. 26 (2) Subsection (1) applies even if the entry is under a warrant 27 issued under section 28(3). 28 Page 32

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 42] 42 Seizing evidence at a place that may be entered only with 1 consent or warrant 2 (1) This section applies if-- 3 (a) an inspector is authorised to enter a place only with the 4 consent of an occupier of the place or a warrant; and 5 (b) the inspector enters the place after obtaining the consent 6 or under a warrant issued under section 28(2). 7 (2) If the inspector enters the place with the occupier's consent, 8 the inspector may seize a thing at the place only if-- 9 (a) the inspector reasonably believes the thing is evidence 10 of an offence against this Act or a primary Act; and 11 (b) seizure of the thing is consistent with the purpose of 12 entry as explained to the occupier when asking for the 13 occupier's consent. 14 (3) If the inspector enters the place under a warrant issued under 15 section 28(2), the inspector may seize the evidence for which 16 the warrant was issued. 17 (4) The inspector may also seize anything else at the place if the 18 inspector reasonably believes-- 19 (a) the thing is evidence of an offence against this Act or a 20 primary Act; and 21 (b) the seizure is necessary to prevent the thing being 22 hidden, lost or destroyed. 23 (5) The inspector may also seize a thing at the place if the 24 inspector reasonably believes it has just been used in 25 committing an offence against this Act or a primary Act. 26 43 Seizure of property subject to security 27 (1) An inspector may seize a thing, and exercise powers relating 28 to the thing, despite a lien or other security over the thing 29 claimed by another person. 30 Page 33

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 44] (2) However, the seizure does not affect the other person's claim 1 to the lien or other security against a person other than the 2 inspector or a person acting for the inspector. 3 Subdivision 2 Powers to support seizure 4 44 Power to secure seized thing 5 (1) Having seized a thing under this division, an inspector may-- 6 (a) leave it at the place where it was seized (the place of 7 seizure) and take reasonable action to restrict access to 8 it; or 9 (b) move it from the place of seizure. 10 (2) For subsection (1)(a), the inspector may, for example-- 11 (a) seal the thing, or the entrance to the place of seizure, and 12 mark the thing or place to show access to the thing or 13 place is restricted; or 14 (b) for equipment--make it inoperable; or 15 Example-- 16 make it inoperable by dismantling it or removing a component 17 without which the equipment can not be used 18 (c) require a person the inspector reasonably believes is in 19 control of the place or thing to do an act mentioned in 20 paragraph (a) or (b) or anything else an inspector could 21 do under subsection (1)(a). 22 45 Offence to contravene other seizure requirement 23 A person must comply with a requirement made of the person 24 under section 44(2)(c) unless the person has a reasonable 25 excuse. 26 Maximum penalty--50 penalty units. 27 Page 34

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 46] 46 Offence to interfere 1 (1) If access to a seized thing is restricted under section 44, a 2 person must not tamper with the thing or with anything used 3 to restrict access to the thing without-- 4 (a) an inspector's approval; or 5 (b) a reasonable excuse. 6 Maximum penalty--50 penalty units. 7 (2) If access to a place is restricted under section 44, a person 8 must not enter the place in contravention of the restriction or 9 tamper with anything used to restrict access to the place 10 without-- 11 (a) an inspector's approval; or 12 (b) a reasonable excuse. 13 Maximum penalty--50 penalty units. 14 Subdivision 3 Safeguards for seized things 15 47 Receipt and information notice for seized thing 16 (1) This section applies if an inspector seizes anything under this 17 division unless-- 18 (a) the inspector reasonably believes there is no-one 19 apparently in possession of the thing or the thing has 20 been abandoned; or 21 (b) because of the condition, nature and value of the thing it 22 would be unreasonable to require the inspector to 23 comply with this section. 24 (2) The inspector must, as soon as practicable after seizing the 25 thing, give an owner or person in control of the thing before it 26 was seized-- 27 (a) a receipt for the thing that generally describes the thing 28 and its condition; and 29 Page 35

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 48] (b) an information notice about the decision to seize it. 1 (3) However, if an owner or person from whom the thing is seized 2 is not present when it is seized, the receipt and information 3 notice may be given by leaving them in a conspicuous 4 position and in a reasonably secure way at the place at which 5 the thing is seized. 6 (4) The receipt and information notice may-- 7 (a) be given in the same document; and 8 (b) relate to more than 1 seized thing. 9 (5) The inspector may delay giving the receipt and information 10 notice if the inspector reasonably suspects giving them may 11 frustrate or otherwise hinder an investigation by the inspector 12 under this Act. 13 (6) However, the delay may be only for so long as the inspector 14 continues to have the reasonable suspicion and remains in the 15 vicinity of the place at which the thing was seized to keep it 16 under observation. 17 48 Access to seized thing 18 (1) Until a seized thing is forfeited or returned, the inspector who 19 seized the thing must allow an owner of the thing-- 20 (a) to inspect it at any reasonable time and from time to 21 time; and 22 (b) if it is a document--to copy it. 23 (2) Subsection (1) does not apply if it is impracticable or would 24 be unreasonable to allow the inspection or copying. 25 (3) The inspection or copying must be allowed free of charge. 26 49 Return of seized thing 27 (1) This section applies if a seized thing has some intrinsic value 28 and is not-- 29 Page 36

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 50] (a) forfeited or transferred under subdivision 4 or 5; or 1 (b) subject to a disposal order under division 4. 2 (2) The inspector must return the seized thing to an owner-- 3 (a) generally--at the end of 1 year after the seizure; or 4 (b) if a proceeding for an offence involving the thing is 5 started within the 1 year--at the end of the proceeding 6 and any appeal from the proceeding. 7 (3) Despite subsection (2), if the thing was seized as evidence, the 8 inspector must return the thing seized to an owner as soon as 9 practicable after the inspector is satisfied-- 10 (a) its continued retention as evidence is no longer 11 necessary; and 12 (b) it is lawful for the owner to possess it. 13 (4) Nothing in this section affects a lien or other security over the 14 seized thing. 15 Subdivision 4 Forfeiture 16 50 Forfeiture by chief executive decision 17 (1) The chief executive may decide a seized thing is forfeited to 18 the State if an inspector-- 19 (a) after making reasonable inquiries, can not find an 20 owner; or 21 (b) after making reasonable efforts, can not return it to an 22 owner; or 23 (c) reasonably believes it is necessary to keep the thing to 24 prevent it being used to commit the offence for which it 25 was seized. 26 (2) However, the inspector is not required to-- 27 (a) make inquiries if it would be unreasonable to make 28 inquiries to find an owner; or 29 Page 37

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 51] (b) make efforts if it would be unreasonable to make efforts 1 to return the thing to an owner. 2 Example for paragraph (b)-- 3 the owner of the thing has migrated to another country 4 (3) Regard must be had to the thing's condition, nature and value 5 in deciding-- 6 (a) whether it is reasonable to make inquiries or efforts; and 7 (b) if inquiries or efforts are made--what inquiries or 8 efforts, including the period over which they are made, 9 are reasonable. 10 51 Information notice about forfeiture decision 11 (1) If the chief executive decides under section 50(1) to forfeit a 12 thing, the chief executive must as soon as practicable give a 13 person who owned the thing immediately before the forfeiture 14 (the former owner) an information notice about the decision. 15 (2) If the decision was made under section 50(1)(a) or (b), the 16 information notice may be given by leaving it at the place 17 where the thing was seized, in a conspicuous position and in a 18 reasonably secure way. 19 (3) The information notice must state that the former owner may 20 apply for a stay of the decision if he or she appeals against the 21 decision. 22 (4) However, subsections (1) to (3) do not apply if-- 23 (a) the decision was made under section 50(1)(a) or (b); and 24 (b) the place where the thing was seized is-- 25 (i) a public place; or 26 (ii) a place where the notice is unlikely to be read by 27 the former owner. 28 Page 38

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 52] Subdivision 5 Dealing with property forfeited or 1 transferred to the State 2 52 When thing becomes property of the State 3 A thing becomes the property of the State if-- 4 (a) the thing is forfeited to the State under section 50(1); or 5 (b) the owner of the thing and the State agree, in writing, to 6 the transfer of the ownership of the thing to the State. 7 53 How property may be dealt with 8 (1) This section applies if, under section 52, a thing becomes the 9 property of the State. 10 (2) The chief executive may deal with the thing as the chief 11 executive considers appropriate, including, for example, by 12 destroying it or giving it away. 13 (3) The chief executive must not deal with the thing in a way that 14 could prejudice the outcome of an appeal against the 15 forfeiture under this Act. 16 (4) If the chief executive sells the thing, the chief executive may, 17 after deducting the costs of the sale, return the proceeds of the 18 sale to the former owner of the thing. 19 (5) This section is subject to any disposal order made for the 20 thing. 21 Division 4 Disposal orders 22 54 Disposal order 23 (1) This section applies if a person is convicted of an offence 24 against this Act or a primary Act. 25 Page 39

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 55] (2) The court may make an order (a disposal order), on its own 1 initiative or on an application by the prosecution, for the 2 disposal of any of the following things owned by the person-- 3 (a) anything that was the subject of, or used to commit, the 4 offence; 5 (b) another thing the court considers is likely to be used by 6 the person or another person in committing a further 7 offence against this Act. 8 (3) The court may make a disposal order for a thing-- 9 (a) whether or not it has been seized under this Act; and 10 (b) if the thing has been seized--whether or not it has been 11 returned to the former owner. 12 (4) In deciding whether to make a disposal order for a thing, the 13 court-- 14 (a) may require notice to be given to anyone the court 15 considers appropriate, including, for example, any 16 person who may have any property in the thing; and 17 (b) must hear any submissions that any person claiming to 18 have any property in the thing may wish to make. 19 (5) The court may make any order to enforce the disposal order 20 that it considers appropriate. 21 (6) This section does not limit the court's powers under another 22 law. 23 Division 5 Other information-obtaining powers 24 of inspectors 25 55 Power to require name and address 26 (1) This section applies if an inspector-- 27 (a) finds a person committing an offence against this Act or 28 a primary Act; or 29 Page 40

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 56] (b) finds a person in circumstances that lead the inspector to 1 reasonably suspect the person has just committed an 2 offence against this Act or a primary Act; or 3 (c) has information that leads the inspector to reasonably 4 suspect a person has just committed an offence against 5 this Act or a primary Act. 6 (2) The inspector may require the person to state the person's 7 name and address. 8 (3) The inspector may also require the person to give evidence of 9 the correctness of the stated name or address if, in the 10 circumstances, it would be reasonable to expect the person 11 to-- 12 (a) be in possession of evidence of the correctness of the 13 stated name or address; or 14 (b) otherwise be able to give the evidence. 15 (4) When making a personal details requirement, the inspector 16 must give the person an offence warning for the requirement. 17 (5) A requirement under this section is a personal details 18 requirement. 19 (6) In this section-- 20 address, of a person, includes the person's residential and 21 business address and, for a person temporarily in Queensland, 22 includes the place where the person is living in Queensland. 23 56 Offence to contravene personal details requirement 24 (1) A person of whom a personal details requirement has been 25 made must comply with the requirement unless the person has 26 a reasonable excuse. 27 Maximum penalty--50 penalty units. 28 (2) A person may not be convicted of an offence under subsection 29 (1) unless the person is found guilty of the offence in relation 30 to which the personal details requirement was made. 31 Page 41

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 57] 57 Power to require production of document 1 (1) An inspector may require a person to make available for 2 inspection by an inspector, or to produce to the inspector for 3 inspection, at a reasonable time and place nominated by the 4 inspector-- 5 (a) a document issued to the person under a primary Act; or 6 (b) a document required to be kept by the person under a 7 primary Act; or 8 (c) if a document or information required to be kept by the 9 person under a primary Act is stored or recorded by 10 means of a device--a document that is a clear written 11 reproduction of the stored or recorded document or 12 information. 13 (2) A requirement under subsection (1) is a document production 14 requirement. 15 (3) For an electronic document, compliance with the document 16 production requirement requires the making available or 17 production of a clear written reproduction of the electronic 18 document. 19 (4) The inspector may keep the document to copy it. 20 (5) If the inspector copies the document, or an entry in the 21 document, the inspector may require the person responsible 22 for keeping the document to certify the copy as a true copy of 23 the document or entry. 24 (6) A requirement under subsection (5) is a document 25 certification requirement. 26 (7) The inspector must return the document to the person as soon 27 as practicable after copying it. 28 (8) However, if a document certification requirement is made of a 29 person, the inspector may keep the document until the person 30 complies with the requirement. 31 Page 42

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 58] 58 Offence to contravene document production requirement 1 (1) A person of whom a document production requirement has 2 been made must comply with the requirement unless the 3 person has a reasonable excuse. 4 Maximum penalty--200 penalty units. 5 (2) It is not a reasonable excuse for a person to fail to comply 6 with a document production requirement on the basis that 7 complying with the requirement might tend to incriminate the 8 person or expose the person to a penalty. 9 Note-- 10 See, however, section 71. 11 (3) The inspector must inform the person, in a way that is 12 reasonable in the circumstances-- 13 (a) that the person must comply with the document 14 production requirement even though complying might 15 tend to incriminate the person or expose the person to a 16 penalty; and 17 (b) that, under section 71, there is a limited immunity 18 against the future use of the information or document 19 given in compliance with the requirement. 20 (4) If the person fails to comply with the document production 21 requirement when the inspector has failed to comply with 22 subsection (3), the person can not be convicted of the offence 23 against subsection (1). 24 (5) If a court convicts a person of an offence against subsection 25 (1), the court may, as well as imposing a penalty for the 26 offence, order the person to comply with the document 27 production requirement. 28 59 Offence to contravene document certification 29 requirement 30 (1) A person of whom a document certification requirement has 31 been made must comply with the requirement unless the 32 person has a reasonable excuse. 33 Page 43

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 3 Other inspectors' powers and related matters [s 60] Maximum penalty--200 penalty units. 1 (2) It is not a reasonable excuse for a person to fail to comply 2 with a document certification requirement on the basis that 3 complying with the requirement might tend to incriminate the 4 person or expose the person to a penalty. 5 Note-- 6 See, however, section 71. 7 (3) The inspector must inform the person, in a way that is 8 reasonable in the circumstances-- 9 (a) that the person must comply with the document 10 certification requirement even though complying might 11 tend to incriminate the person or expose the person to a 12 penalty; and 13 (b) that, under section 71, there is a limited immunity 14 against the future use of the information or document 15 given in compliance with the requirement. 16 (4) If the person fails to comply with the document certification 17 requirement when the inspector has failed to comply with 18 subsection (3), the person can not be convicted of the offence 19 against subsection (1). 20 60 Power to require information 21 (1) This section applies if an inspector reasonably believes-- 22 (a) an offence against this Act or a primary Act has been 23 committed; and 24 (b) a person may be able to give information about the 25 offence. 26 (2) The inspector may, by notice given to the person, require the 27 person to give the inspector information related to the offence 28 at a stated reasonable time and place. 29 (3) A requirement under subsection (2) is an information 30 requirement. 31 Page 44

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 4 Obtaining criminal history reports [s 61] (4) For information that is an electronic document, compliance 1 with the information requirement requires the giving of a clear 2 image or written version of the electronic document. 3 (5) In this section-- 4 information includes a document. 5 61 Offence to contravene information requirement 6 (1) A person of whom an information requirement is made must 7 comply with the requirement unless the person has a 8 reasonable excuse. 9 Maximum penalty--200 penalty units or 1 year's 10 imprisonment. 11 (2) It is a reasonable excuse for an individual not to give the 12 information if giving the information might tend to 13 incriminate the individual or expose the individual to a 14 penalty. 15 Part 4 Obtaining criminal history 16 reports 17 62 Purpose of pt 4 18 The purpose of this part is to help an inspector to decide 19 whether the inspector's unaccompanied entry of a place under 20 part 2 would create an unacceptable level of risk to the 21 inspector's safety. 22 63 Chief executive's power to obtain criminal history report 23 (1) The chief executive may ask the commissioner of the police 24 service for a written report about the criminal history of a 25 person if an inspector reasonably suspects the person-- 26 Page 45

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 4 Obtaining criminal history reports [s 64] (a) may be present at a place when the inspector enters the 1 place under part 2; and 2 (b) may create an unacceptable level of risk to the 3 inspector's safety. 4 (2) The commissioner of the police service must give the report to 5 the chief executive. 6 (3) However, the report is required to contain only criminal 7 history in the commissioner's possession or to which the 8 commissioner has access. 9 (4) The chief executive must examine the report and identify, to 10 the extent it is reasonably practicable to do so, offences 11 involving the use of a weapon or violence against a person. 12 (5) The chief executive may give the inspector information in the 13 report about the offences identified under subsection (4). 14 64 Criminal history is confidential document 15 (1) A person must not, directly or indirectly, disclose to anyone 16 else a report about a person's criminal history, or information 17 contained in the report, given under section 63. 18 Maximum penalty--100 penalty units. 19 (2) However, the person does not contravene subsection (1) if-- 20 (a) the disclosure of the report or information is for the 21 purpose of the other person performing a function in 22 relation to this Act; or 23 (b) the disclosure of the report or information is for the 24 purpose of the other person performing a function in 25 relation to a primary Act and the function is 26 substantially the same as a function under this Act; or 27 (c) the disclosure of the report or information is otherwise 28 required or permitted by law. 29 (3) The chief executive or an inspector to whom the report or 30 written information in the report is provided must destroy the 31 report as soon as practicable after the inspector considers the 1 Page 46

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 5 Miscellaneous provisions relating to inspectors [s 65] risk mentioned in section 62. 2 Part 5 Miscellaneous provisions 3 relating to inspectors 4 Division 1 Damage 5 65 Duty to avoid inconvenience and minimise damage 6 In exercising a power, an inspector must take all reasonable 7 steps to cause as little inconvenience, and do as little damage, 8 as possible. 9 Note-- 10 See also section 67. 11 66 Notice of damage 12 (1) This section applies if-- 13 (a) an inspector damages something when exercising, or 14 purporting to exercise, a power; or 15 (b) a person (the assistant) acting under the direction or 16 authority of an inspector damages something. 17 (2) However, this section does not apply to damage the inspector 18 reasonably considers is trivial or if the inspector reasonably 19 believes-- 20 (a) there is no-one apparently in possession of the thing; or 21 (b) the thing has been abandoned. 22 (3) The inspector must give notice of the damage to the person 23 who appears to the inspector to be an owner, or person in 24 control, of the thing. 25 Page 47

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 5 Miscellaneous provisions relating to inspectors [s 67] (4) However, if for any reason it is not practicable to comply with 1 subsection (3), the inspector must-- 2 (a) leave the notice at the place where the damage 3 happened; and 4 (b) ensure it is left in a conspicuous position and in a 5 reasonably secure way. 6 (5) The inspector may delay complying with subsection (3) or (4) 7 if the inspector reasonably suspects complying with the 8 subsection may frustrate or otherwise hinder the performance 9 of the inspector's functions. 10 (6) The delay may be only for so long as the inspector continues 11 to have the reasonable suspicion and remains in the vicinity of 12 the place. 13 (7) If the inspector believes the damage was caused by a latent 14 defect in the thing or circumstances beyond the control of the 15 inspector or the assistant the inspector may state the belief in 16 the notice. 17 (8) The notice must state-- 18 (a) particulars of the damage; and 19 (b) that the person who suffered the damage may claim 20 compensation under section 67. 21 Division 2 Compensation 22 67 Compensation 23 (1) A person may claim compensation from the State if the person 24 incurs loss because of the exercise, or purported exercise, of a 25 power by or for an inspector including a loss arising from 26 compliance with a requirement made of the person under this 27 chapter. 28 (2) However, subsection (1) does not include loss arising from a 29 lawful seizure or a lawful forfeiture. 30 Page 48

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 5 Miscellaneous provisions relating to inspectors [s 68] (3) The compensation may be claimed and ordered in a 1 proceeding-- 2 (a) brought in a court with jurisdiction for the recovery of 3 the amount of compensation claimed; or 4 (b) for an alleged offence against this Act or a primary Act 5 the investigation of which gave rise to the claim for 6 compensation. 7 (4) A court may order the payment of compensation only if it is 8 satisfied it is just to make the order in the circumstances of the 9 particular case. 10 (5) In considering whether it is just to order compensation, the 11 court must have regard to any relevant offence committed by 12 the claimant. 13 (6) A regulation may prescribe other matters that may, or must, be 14 taken into account by the court when considering whether it is 15 just to order compensation. 16 (7) Section 65 does not provide for a statutory right of 17 compensation other than is provided by this section. 18 (8) In this section-- 19 loss includes costs and damage. 20 Division 3 Other offences relating to 21 inspectors 22 68 Giving inspector false or misleading information 23 (1) A person must not, in relation to the administration of this Act 24 or a primary Act, give an inspector information, or a 25 document containing information, that the person knows is 26 false or misleading in a material particular. 27 Maximum penalty--200 penalty units or 2 years 28 imprisonment. 29 Page 49

 


 

Fair Trading Inspectors Bill 2013 Chapter 2 Inspectors Part 5 Miscellaneous provisions relating to inspectors [s 69] (2) Subsection (1) applies to information or a document given in 1 relation to the administration of this Act or a primary Act 2 whether or not the information or document was given in 3 response to a specific power under this Act or the primary 4 Act. 5 69 Obstructing inspector 6 (1) A person must not obstruct an inspector exercising a power, or 7 someone helping an inspector exercising a power, unless the 8 person has a reasonable excuse. 9 Maximum penalty--200 penalty units or 1 year's 10 imprisonment. 11 (2) If a person has obstructed an inspector, or someone helping an 12 inspector, and the inspector decides to proceed with the 13 exercise of the power, the inspector must warn the person 14 that-- 15 (a) it is an offence to cause an obstruction unless the person 16 has a reasonable excuse; and 17 (b) the inspector considers the person's conduct an 18 obstruction. 19 (3) In this section-- 20 obstruct includes assault, hinder, resist, attempt to obstruct 21 and threaten to obstruct. 22 power means a power under this Act or a primary Act. 23 70 Impersonating inspector 24 A person must not impersonate an inspector. 25 Maximum penalty--80 penalty units. 26 Page 50

 


 

Fair Trading Inspectors Bill 2013 Chapter 3 Appeals, evidence and legal proceedings Part 1 Reviews and appeals [s 71] Division 4 Other provisions 1 71 Evidential immunity for individuals complying with 2 particular requirements 3 (1) Subsection (2) applies if an individual gives or produces 4 information or a document to an inspector under section 39 or 5 57. 6 (2) Evidence of the information or document, and other evidence 7 directly or indirectly derived from the information or 8 document, is not admissible against the individual in any 9 proceeding to the extent it tends to incriminate the individual, 10 or expose the individual to a penalty, in the proceeding. 11 (3) Subsection (2) does not apply to a proceeding about the false 12 or misleading nature of the information or anything in the 13 document or in which the false or misleading nature of the 14 information or document is relevant evidence. 15 Chapter 3 Appeals, evidence and legal 16 proceedings 17 Part 1 Reviews and appeals 18 Division 1 Right of appeal 19 72 Right of appeal 20 A person who has a right to be given an information notice 21 about a decision made under this Act has a right to appeal 22 against the decision. 23 Page 51

 


 

Fair Trading Inspectors Bill 2013 Chapter 3 Appeals, evidence and legal proceedings Part 1 Reviews and appeals [s 73] Division 2 Internal review of decisions 1 73 Appeal process starts with internal review 2 (1) Every appeal against a decision must be, in the first instance, 3 by way of an application for an internal review. 4 (2) A person who has a right to appeal against a decision may 5 apply to the chief executive for a review of the decision. 6 74 How to apply for review 7 (1) An application for review of a decision must be-- 8 (a) in the approved form; and 9 (b) supported by enough information to enable the chief 10 executive to decide the application. 11 (2) The application must be made within 20 business days after-- 12 (a) the day the person is given the information notice about 13 the decision; or 14 (b) if the person is not given an information notice about the 15 decision--the day the person otherwise becomes aware 16 of the decision. 17 (3) The chief executive may extend the period for applying for the 18 review. 19 (4) The application must not be dealt with by-- 20 (a) the person who made the decision; or 21 (b) a person in a less senior office than the person who 22 made the decision. 23 (5) Subsection (4)-- 24 (a) applies despite the Acts Interpretation Act 1954, section 25 27A; and 26 (b) does not apply to a decision made by the chief 27 executive. 28 Page 52

 


 

Fair Trading Inspectors Bill 2013 Chapter 3 Appeals, evidence and legal proceedings Part 1 Reviews and appeals [s 75] 75 Stay of operation of decision 1 (1) An application for review of a decision does not stay the 2 decision. 3 (2) However, the applicant may immediately apply for a stay of 4 the decision to a Magistrates Court. 5 (3) The court may stay the decision to secure the effectiveness of 6 the review and a later appeal to the court. 7 (4) The stay-- 8 (a) may be given on conditions the court considers 9 appropriate; and 10 (b) operates for the period fixed by the court; and 11 (c) may be amended or revoked by the court. 12 (5) The period of the stay must not extend past the time when the 13 chief executive makes a review decision about the decision 14 and any later period the court allows the applicant to enable 15 the applicant to appeal against the review decision. 16 (6) An application for review of a decision affects the decision, or 17 carrying out of the decision, only if the decision is stayed. 18 76 Review decision 19 (1) The chief executive must, within 30 business days after 20 receiving the application-- 21 (a) review the decision (the original decision); and 22 (b) make a decision (the review decision) to-- 23 (i) confirm the original decision; or 24 (ii) amend the original decision; or 25 (iii) substitute another decision for the original 26 decision; and 27 (c) give the applicant notice (the review notice) of the 28 review decision. 29 Page 53

 


 

Fair Trading Inspectors Bill 2013 Chapter 3 Appeals, evidence and legal proceedings Part 1 Reviews and appeals [s 77] (2) If the review decision is not the decision sought by the 1 applicant, the review notice must state the following-- 2 (a) the day the notice is given to the applicant (the review 3 notice day); 4 (b) the reasons for the decision; 5 (c) that the applicant may appeal against the decision to a 6 Magistrates Court within 28 days after the review notice 7 day; 8 (d) how to appeal; 9 (e) that the applicant may apply to the court for a stay of the 10 decision. 11 (3) If the chief executive does not give the review notice within 12 the 30 days, the chief executive is taken to have made a review 13 decision confirming the original decision. 14 Division 3 Appeals 15 77 Who may appeal 16 A person who has applied for review of an original decision 17 and is dissatisfied with the review decision may appeal to a 18 Magistrates Court against the decision. 19 78 Procedure for an appeal to the court 20 (1) An appeal to the court is started by filing notice of appeal with 21 the clerk of the court. 22 (2) A copy of the notice must be served on the chief executive. 23 (3) The notice of appeal must be filed within 28 days after the 24 review notice day. 25 (4) The court may, whether before or after the time for filing the 26 notice of appeal ends, extend the period for filing the notice of 27 appeal. 28 Page 54

 


 

Fair Trading Inspectors Bill 2013 Chapter 3 Appeals, evidence and legal proceedings Part 1 Reviews and appeals [s 79] (5) The notice of appeal must state fully the grounds of the 1 appeal. 2 79 Stay of operation of review decision 3 (1) The court may grant a stay of the operation of a review 4 decision appealed against to secure the effectiveness of the 5 appeal. 6 (2) A stay-- 7 (a) may be granted on conditions the court considers 8 appropriate; and 9 (b) operates for the period fixed by the court; and 10 (c) may be amended or revoked by the court. 11 (3) The period of a stay stated by the court must not extend past 12 the time when the court decides the appeal. 13 (4) An appeal against a decision affects the decision, or the 14 carrying out of the decision, only if the decision is stayed. 15 80 Powers of court on appeal 16 (1) In deciding an appeal, the court-- 17 (a) has the same powers as the chief executive in making 18 the review decision appealed against; and 19 (b) is not bound by the rules of evidence; and 20 (c) must comply with natural justice. 21 (2) An appeal is by way of rehearing. 22 (3) The court may-- 23 (a) confirm the review decision; or 24 (b) set aside the review decision and substitute another 25 decision; or 26 Page 55

 


 

Fair Trading Inspectors Bill 2013 Chapter 3 Appeals, evidence and legal proceedings Part 2 Evidence and legal proceedings [s 81] (c) set aside the review decision and return the matter to the 1 chief executive with directions the court considers 2 appropriate. 3 81 Effect of decision of court on appeal 4 (1) If the court acts to set aside the review decision and return the 5 matter to the chief executive with directions the court 6 considers appropriate, and the chief executive makes a new 7 decision, the new decision is not subject to review or appeal 8 under this part. 9 (2) If the court substitutes another decision, the substituted 10 decision is taken to be the decision of the chief executive, and 11 the chief executive may give effect to the decision as if the 12 decision was the original decision of the chief executive and 13 no application for review or appeal had been made. 14 Part 2 Evidence and legal 15 proceedings 16 Division 1 Evidentiary provisions 17 82 Application of div 1 18 This division applies to a proceeding under this Act. 19 83 Authority 20 The power of the chief executive or an inspector to do 21 anything under this Act must be presumed unless a party to 22 the proceeding, by reasonable notice, requires proof of it. 23 Page 56

 


 

Fair Trading Inspectors Bill 2013 Chapter 3 Appeals, evidence and legal proceedings Part 2 Evidence and legal proceedings [s 84] 84 Signatures 1 A signature purporting to be the signature of the chief 2 executive or an inspector is evidence of the signature it 3 purports to be. 4 85 Other evidentiary aids 5 A certificate purporting to be signed by the chief executive 6 stating any of the following matters is evidence of the 7 matter-- 8 (a) that a stated document of any of the following types is a 9 document given, issued, kept or made under this Act-- 10 (i) an appointment, approval or decision; 11 (ii) a direction or requirement; 12 (iii) a notice or other document given under this Act; 13 (b) that a stated document is another document kept under 14 this Act; 15 (c) that a stated document is a copy of, or an extract from or 16 part of, a thing mentioned in paragraph (a) or (b); 17 (d) that on a stated day-- 18 (i) a stated person was given a stated decision, 19 direction or notice under this Act; or 20 (ii) a stated requirement under this Act was made of a 21 stated person; 22 (e) that a stated amount is payable under this Act by a stated 23 person and has not been paid. 24 Division 2 Offence proceedings 25 86 Offences under Act are summary 26 (1) An offence against this Act is a summary offence. 27 Page 57

 


 

Fair Trading Inspectors Bill 2013 Chapter 4 Miscellaneous provisions [s 87] (2) A proceeding for an offence against this Act must start within 1 the later of the following periods to end-- 2 (a) 1 year after the commission of the offence; 3 (b) 6 months after the offence comes to the complainant's 4 knowledge but within 2 years after the commission of 5 the offence. 6 87 Statement of complainant's knowledge 7 In a complaint starting a proceeding for an offence against this 8 Act, a statement that the matter of the complaint came to the 9 complainant's knowledge on a stated day is evidence the 10 matter came to the complainant's knowledge on that day. 11 Chapter 4 Miscellaneous provisions 12 88 Supervision by inspector 13 If a direction or requirement under this Act allows or requires 14 a person to take action, the direction or requirement may also 15 require the person to take the action under an inspector's 16 supervision. 17 89 Reasonable excuse defences 18 A provision of this Act that states what is or is not a 19 reasonable excuse for a provision of this Act does not limit the 20 reasonable excuses that may be relied on in relation to the 21 provision. 22 90 Protection from liability for particular persons 23 (1) A designated person does not incur civil liability for an act 24 done, or omission made, honestly and without negligence 25 under this Act. 26 Page 58

 


 

Fair Trading Inspectors Bill 2013 Chapter 4 Miscellaneous provisions [s 91] (2) If subsection (1) prevents a civil liability attaching to a 1 designated person, the liability attaches instead to the State. 2 (3) In this section-- 3 civil liability includes liability for the payment of costs 4 ordered to be paid in a proceeding for an offence against this 5 Act. 6 designated person means-- 7 (a) the chief executive; or 8 (b) an inspector; or 9 (c) a person acting under the authority or direction of an 10 inspector; or 11 (d) a special investigator under the Agents Financial 12 Administration Act 2013. 13 91 Delegation by chief executive 14 (1) The chief executive may delegate the chief executive's 15 functions under this Act to an appropriately qualified public 16 service employee. 17 (2) In this section-- 18 appropriately qualified includes having the qualifications, 19 experience or standing appropriate for the functions. 20 Example of standing-- 21 a person's classification level in the public service 22 92 Confidentiality of information 23 (1) An inspector must not, whether directly or indirectly, disclose 24 confidential information. 25 Maximum penalty--100 penalty units. 26 (2) However, subsection (1) does not apply if-- 27 (a) the confidential information is disclosed-- 28 (i) in the performance of functions under this Act; or 29 Page 59

 


 

Fair Trading Inspectors Bill 2013 Chapter 5 Transitional provisions Part 1 Purposes, definitions and general approach [s 93] (ii) with the written consent of the person to whom the 1 information relates; or 2 (iii) to the person to whom the information relates; or 3 (iv) in a form that could not identify any person; or 4 (b) the disclosure of the confidential information is 5 authorised under an Act or another law. 6 (3) In this section-- 7 confidential information means information that has become 8 known to an inspector in the course of performing the 9 inspector's functions for this Act. 10 93 Approved forms 11 The chief executive may approve forms for use under this Act. 12 94 Regulation-making power 13 (1) The Governor in Council may make regulations under this 14 Act. 15 (2) A regulation may impose a penalty of no more than 20 penalty 16 units for a contravention of a regulation. 17 Chapter 5 Transitional provisions 18 Part 1 Purposes, definitions and 19 general approach 20 95 Main purposes of ch 5 21 The main purposes of this chapter are-- 22 Page 60

 


 

Fair Trading Inspectors Bill 2013 Chapter 5 Transitional provisions Part 1 Purposes, definitions and general approach [s 96] (a) to provide for provisions of this Act that are 1 substantially the same as repealed provisions of a 2 primary Act to be dealt with as replacements of the 3 repealed provisions; and 4 (b) without limiting paragraph (a), if matters relating to the 5 appointment and powers of inspectors for a primary Act, 6 and the procedures relating to the exercise of the 7 powers, were dealt with in a primary Act, to provide for 8 the continuation of the matters under this Act. 9 96 Definitions for ch 5 10 In this chapter-- 11 2013 primary Act means-- 12 (a) the Agents Financial Administration Act 2013; or 13 (b) the Debt Collectors (Field Agents and Collection 14 Agents) Act 2013; or 15 (c) the Motor Dealers and Chattel Auctioneers Act 2013; or 16 (d) the Property Occupations Act 2013. 17 commencement means the day this section commences. 18 corresponding provision, for a previous provision of a 19 primary Act, means a provision of this Act that is 20 substantially the same as the previous provision of the 21 primary Act. 22 made includes given and issued. 23 obligation includes duty. 24 previous, in relation to a stated provision of a primary Act that 25 includes a number, means the provision of the primary Act 26 with that number immediately before the commencement, if 27 the provision is repealed under this Act. 28 previous provision, of a primary Act, means-- 29 (a) for a primary Act other than a 2013 primary Act--a 30 provision of the primary Act, as in force immediately 31 Page 61

 


 

Fair Trading Inspectors Bill 2013 Chapter 5 Transitional provisions Part 1 Purposes, definitions and general approach [s 97] before the commencement, if the provision is repealed 1 under this Act; or 2 (b) otherwise--a provision of the repealed Property Agents 3 and Motor Dealers Act 2000, as in force immediately 4 before its repeal under the Property Occupations Act 5 2013. 6 protection includes a statement to the effect of any of the 7 following-- 8 (a) that there is no liability; 9 (b) that there is no invalidity; 10 (c) that a person has an entitlement. 11 97 References to primary Act for ch 5 12 A reference in this chapter to a primary Act may, if the context 13 permits, be taken to include a reference to the repealed 14 Property Agents and Motor Dealers Act 2000. 15 98 Document, action, obligation or protection under 16 previous provision of primary Act 17 (1) This section applies to any of the following-- 18 (a) a document made or kept under a previous provision of 19 a primary Act (the relevant previous provision for the 20 document) if the document continued to have effect or 21 was in force immediately before the commencement; 22 (b) an action done under a previous provision of a primary 23 Act (the relevant previous provision for the action) if 24 the action continued to have effect immediately before 25 the commencement; 26 (c) an entity's obligation under a previous provision of a 27 primary Act (the relevant previous provision for the 28 obligation) if the obligation applied to the entity 29 immediately before the commencement; 30 Page 62

 


 

Fair Trading Inspectors Bill 2013 Chapter 5 Transitional provisions Part 1 Purposes, definitions and general approach [s 99] (d) an entity's protection under a previous provision of a 1 primary Act (the relevant previous provision for the 2 protection) that applied to the entity immediately before 3 the commencement. 4 (2) Subject to a specific provision of this Act in relation to the 5 document, action, obligation or protection, if there is a 6 corresponding provision for the relevant previous provision 7 for the document, action, obligation or protection, the 8 document, action, obligation or protection-- 9 (a) continues in force or to have effect according to its 10 terms; and 11 (b) may be taken to have been made, kept or done under the 12 corresponding provision. 13 (3) Subsection (2)(b) applies whether or not the relevant previous 14 provision refers to the document, action, obligation or 15 protection by reference to a provision of the primary Act. 16 (4) Other provisions of this part include examples of the 17 operation of this section. 18 99 Terminology in things mentioned in s 98(1) 19 (1) This section applies to a document (the relevant document) 20 that is-- 21 (a) a document as mentioned in section 98(1); or 22 (b) evidence of a document, action, obligation or protection 23 as mentioned in section 98(1). 24 (2) A reference in the relevant document to a document, action, 25 obligation or protection as mentioned in section 98(1) is to be 26 read, if the context permits and with the necessary changes to 27 terminology, as if the document, action, obligation or 28 protection were made, kept or done under this Act. 29 Example for subsection (2)-- 30 An instrument of appointment given under a primary Act by the chief 31 executive to an inspector limiting the powers of the inspector is to be 32 Page 63

 


 

Fair Trading Inspectors Bill 2013 Chapter 5 Transitional provisions Part 1 Purposes, definitions and general approach [s 100] read as if the instrument limited the powers of the inspector under this 1 Act. 2 100 Period stated in previous provision 3 (1) This section applies if, in a previous provision of a primary 4 Act, there is a period for doing something, and the period for 5 doing the thing started but did not finish before the 6 commencement. 7 (2) If there is a corresponding provision to the previous provision 8 of the primary Act and both the corresponding provision and 9 the previous provision provide for the same period, the period 10 for doing the thing continues to have started from when the 11 period started under the previous provision but ends under the 12 corresponding provision. 13 101 Period or date stated in document given under previous 14 provision 15 (1) This section applies if-- 16 (a) there was a previous provision of a primary Act that 17 provided for a document to be made under it; and 18 (b) there is a corresponding provision to the previous 19 provision of the primary Act; and 20 (c) under the previous provision and before the 21 commencement, a document was given to a person, 22 whether or not the person had received the document 23 before the commencement. 24 Example for paragraph (c)-- 25 a notice under the Residential Services (Accreditation) Act 2002, 26 previous section 127, that states a period within which a person 27 who is in control of a thing to be seized must take the thing to a 28 place stated in the notice 29 (2) If the document stated a period for doing something-- 30 (a) the stated period continues to apply for doing the thing; 31 and 32 Page 64

 


 

Fair Trading Inspectors Bill 2013 Chapter 5 Transitional provisions Part 1 Purposes, definitions and general approach [s 102] (b) the period continues to have started from when the 1 period started under the previous provision of the 2 primary Act. 3 (3) If the document stated a day before which, or by which, a 4 thing is to be done (however expressed), the thing must be 5 done by the stated day. 6 102 Action happening before commencement may be 7 relevant to proceeding for particular acts or omissions 8 (1) An action as mentioned in section 98(1) happening before the 9 commencement may be relevant to a proceeding relating to a 10 contravention of a provision of this Act involving an act or 11 omission that happened after the commencement. 12 (2) This section does not limit the Acts Interpretation Act 1954, 13 section 20C. 14 (3) In this section-- 15 contravention includes an alleged contravention. 16 103 Acts Interpretation Act 1954, s 20 not limited 17 This chapter does not limit the Acts Interpretation Act 1954, 18 section 20. 19 Page 65

 


 

Fair Trading Inspectors Bill 2013 Chapter 5 Transitional provisions Part 2 Transitional provisions relating to particular provisions of primary Acts [s 104] Part 2 Transitional provisions relating 1 to particular provisions of 2 primary Acts 3 Division 1 Examples for chapter 2 4 104 Examples for ch 2 of documents under s 98 5 For the operation of chapter 2, the following are examples of 6 documents as mentioned in section 98(1)(a) in relation to 7 matters dealt with under a primary Act-- 8 (a) an acknowledgement given under a previous provision 9 of a primary Act of consent for an inspector to enter a 10 place; 11 Examples of previous provisions-- 12 the Residential Services (Accreditation) Act 2002, previous 13 section 114 14 the Second-hand Dealers and Pawnbrokers Act 2003, 15 previous section 83 16 the Travel Agents Act 1988, previous section 45 17 (b) a warrant issued under a previous provision of a primary 18 Act; 19 Examples of previous provisions-- 20 the Residential Services (Accreditation) Act 2002, previous 21 section 116 22 the Retirement Villages Act 1999, previous section 142 23 the Second-hand Dealers and Pawnbrokers Act 2003, 24 previous section 85 25 the Travel Agents Act 1988, previous section 45B 26 (c) a notice under a previous provision of a primary Act 27 requiring a person to take a thing to be seized to a stated 28 place; 29 Page 66

 


 

Fair Trading Inspectors Bill 2013 Chapter 5 Transitional provisions Part 2 Transitional provisions relating to particular provisions of primary Acts [s 105] Example of previous provision-- 1 the Residential Services (Accreditation) Act 2002, previous 2 section 127 3 (d) a notice under a previous provision of a primary Act 4 requiring a person to give information; 5 Example of previous provision-- 6 the Residential Services (Accreditation) Act 2002, previous 7 section 133 8 (e) a receipt for a seized thing under a previous provision of 9 a primary Act; 10 Examples of previous provisions-- 11 the Second-hand Dealers and Pawnbrokers Act 2003, 12 previous section 91 13 the Tourism Services Act 2003, previous section 55 14 (f) an information notice under a previous provision of a 15 primary Act. 16 Example of previous provision-- 17 a QCAT information notice under the Tourism Services Act 18 2003, previous section 56 19 105 Examples for ch 2 of obligations under s 98 20 For the operation of chapter 2, the following are examples of 21 an obligation as mentioned in section 98(1)(c) in relation to 22 matters dealt with under a primary Act-- 23 (a) an obligation under a previous provision of a primary 24 Act for an inspector to give notice of the particulars of 25 damage to anything; 26 Examples of previous provisions-- 27 the Manufactured Homes (Residential Parks) Act 2003, 28 previous section 123 29 the Residential Services (Accreditation) Act 2002, previous 30 section 137 31 the Tourism Services Act 2003, previous section 63 32 Page 67

 


 

Fair Trading Inspectors Bill 2013 Chapter 5 Transitional provisions Part 2 Transitional provisions relating to particular provisions of primary Acts [s 105] (b) an obligation under a previous provision of a primary 1 Act to return a seized thing to the person from whom it 2 is seized or its owner; 3 Examples of previous provisions-- 4 the Land Sales Act 1984, previous section 30H(3) 5 the Manufactured Homes (Residential Parks) Act 2003, 6 previous section 120 7 the Residential Services (Accreditation) Act 2002, previous 8 section 130 9 the Security Providers Act 1993, previous section 39 10 (c) an obligation under a previous provision of a primary 11 Act to allow an owner of a seized thing to inspect the 12 thing; 13 Examples of previous provisions-- 14 the Land Sales Act 1984, previous section 30H(2) 15 the Manufactured Homes (Residential Parks) Act 2003, 16 previous section 121 17 the Residential Services (Accreditation) Act 2002, previous 18 section 131 19 (d) a requirement under a previous provision of a primary 20 Act to make a particular document available for 21 inspection; 22 Examples of previous provisions-- 23 the Manufactured Homes (Residential Parks) Act 2003, 24 previous section 122 25 the Residential Services (Accreditation) Act 2002, previous 26 section 134 27 (e) a requirement under a previous provision of a primary 28 Act to take a thing to be seized to a stated place. 29 Example of previous provision-- 30 the Residential Services (Accreditation) Act 2002, previous 31 section 127 32 Page 68

 


 

Fair Trading Inspectors Bill 2013 Chapter 5 Transitional provisions Part 2 Transitional provisions relating to particular provisions of primary Acts [s 106] 106 Examples for ch 2 of protections under s 98 1 For the operation of chapter 2, the following are examples of a 2 protection as mentioned in section 98(1)(d) in relation to 3 matters dealt with under a primary Act-- 4 (a) a statement in a previous provision of a primary Act that 5 particular information or a particular document is not 6 admissible in evidence against an individual in any 7 criminal proceedings; 8 Example of previous provision-- 9 the Land Sales Act 1984, previous section 30F(5) 10 (b) a right for a person to claim compensation under a 11 previous provision of a primary Act. 12 Examples of previous provisions-- 13 the Land Sales Act 1984, previous section 30J 14 the Manufactured Homes (Residential Parks) Act 2003, 15 previous section 124 16 the Residential Services (Accreditation) Act 2002, previous 17 section 138 18 the Retirement Villages Act 1999, previous section 152 19 the Security Providers Act 1993, previous section 46 20 the Travel Agents Act 1988, previous section 45H 21 Division 2 General matters 22 107 Existing authorised officers 23 (1) This section applies to a person who-- 24 (a) before the commencement, was appointed under a 25 primary Act as an authorised officer; and 26 (b) still held the appointment immediately before the 27 commencement. 28 Page 69

 


 

Fair Trading Inspectors Bill 2013 Chapter 5 Transitional provisions Part 2 Transitional provisions relating to particular provisions of primary Acts [s 108] Note-- 1 The relevant primary Acts are the Residential Services (Accreditation) 2 Act 2002, the Second-hand Dealers and Pawnbrokers Act 2003 and the 3 Travel Agents Act 1988. 4 (2) On the commencement-- 5 (a) the person's appointment as an authorised officer under 6 the primary Act ends; and 7 (b) the person is taken to hold office under this Act as an 8 inspector for the primary Act on the conditions stated in 9 the person's instrument of appointment under the 10 primary Act. 11 108 Existing inspectors 12 (1) Subsection (2) applies to a person who-- 13 (a) before the commencement, was appointed under a 14 primary Act as an inspector; and 15 (b) still held the appointment immediately before the 16 commencement. 17 Note-- 18 The relevant primary Acts are the Introduction Agents Act 2001, the 19 Manufactured Homes (Residential Parks) Act 2003 and the Security 20 Providers Act 1993, but not the Tourism Services Act 2003 or the Travel 21 Agents Act 1988 which adopted inspectors appointed under the Fair 22 Trading Act 1989. 23 (2) On the commencement, the person is taken to hold office 24 under this Act as an inspector for the primary Act on the 25 conditions stated in the person's instrument of appointment 26 under the primary Act. 27 (3) Subsection (4) applies to a person who-- 28 (a) before the commencement, was appointed under the 29 repealed Property Agents and Motor Dealers Act 2000 30 as an inspector; and 31 (b) still held the appointment immediately before the 32 commencement. 33 Page 70

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 1 Amendment of this Act [s 109] (4) On the commencement, the person is taken to hold office 1 under this Act as an inspector for each 2013 primary Act on 2 the conditions stated in the person's instrument of 3 appointment under the repealed Property Agents and Motor 4 Dealers Act 2000. 5 109 Reviews and appeals 6 Previous provisions of any primary Act that provide for 7 review or appeal of a decision made under the primary Act 8 continue to apply after the commencement in relation to a 9 decision made before the commencement as if the primary 10 Act had not been amended by this Act. 11 110 References in Acts and documents 12 A reference in an Act or document to a previous provision of a 13 primary Act may, if the context permits, be taken as a 14 reference to the corresponding provision of the previous 15 provision. 16 Chapter 6 Amendment of Acts 17 Part 1 Amendment of this Act 18 111 Act amended 19 This part amends this Act. 20 112 Amendment of long title 21 Long title, from `trading,'-- 22 omit, insert-- 23 Page 71

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 2 Amendment of Funeral Benefit Business Act 1982 [s 113] trading 1 Part 2 Amendment of Funeral Benefit 2 Business Act 1982 3 113 Act amended 4 This part amends the Funeral Benefit Business Act 1982. 5 114 Insertion of new s 3 6 After section 2-- 7 insert-- 8 3 Relationship with Fair Trading Inspectors Act 9 2013 10 (1) The Fair Trading Inspectors Act 2013 (the FTI 11 Act) enacts common provisions for this Act and 12 particular other Acts about fair trading. 13 (2) Unless this Act otherwise provides in relation to 14 the FTI Act, the powers that an inspector has 15 under that Act are in addition to and do not limit 16 any powers the inspector has under this Act. 17 115 Amendment of s 5 (Definitions) 18 (1) Section 5, definition inspector-- 19 omit. 20 (2) Section 5-- 21 insert-- 22 FTI Act see section 3(1). 23 inspector means a person who holds office under 24 the FTI Act as an inspector for this Act. 25 Page 72

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 3 Amendment of Introduction Agents Act 2001 [s 116] 116 Replacement of pt 2, hdg (Appointment of officers) 1 Part 2, heading-- 2 omit, insert-- 3 Part 2 The registrar 4 117 Omission of ss 6B-6D 5 Sections 6B to 6D-- 6 omit. 7 118 Amendment of s 52 (Cancellation of registration by 8 QCAT) 9 Section 52(14), `whether as registrar or as an inspector under this 10 Act,'-- 11 omit. 12 119 Omission of s 81 (Powers of inspectors) 13 Section 81-- 14 omit. 15 Part 3 Amendment of Introduction 16 Agents Act 2001 17 120 Act amended 18 This part amends the Introduction Agents Act 2001. 19 121 Insertion of new s 4A 20 Part 1-- 21 Page 73

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 3 Amendment of Introduction Agents Act 2001 [s 122] insert-- 1 4A Relationship with Fair Trading Inspectors Act 2 2013 3 (1) The Fair Trading Inspectors Act 2013 (the FTI 4 Act) enacts common provisions for this Act and 5 particular other Acts about fair trading. 6 (2) Unless this Act otherwise provides in relation to 7 the FTI Act, the powers that an inspector has 8 under that Act are in addition to and do not limit 9 any powers the inspector may have under this 10 Act. 11 (3) In this section-- 12 inspector means a person who holds office under 13 the FTI Act as an inspector for this Act. 14 122 Amendment of pt 2, div 1, hdg (Definitions and notes) 15 Part 2, division 1, heading, `and notes'-- 16 omit. 17 123 Omission of s 6 (Notes in text) 18 Section 6-- 19 omit. 20 124 Omission of pt 6 (Enforcement) 21 Part 6-- 22 omit. 23 125 Amendment of s 91 (Evidence) 24 (1) Section 91(2)-- 25 omit. 26 Page 74

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 4 Amendment of Land Sales Act 1984 [s 126] (2) Section 91(3), `or an inspector'-- 1 omit. 2 (3) Section 91(3) and (4)-- 3 renumber as section 91(2) and (3). 4 126 Amendment of s 96 (Protecting officials from liability) 5 Section 96(4), definition official, paragraphs (d) and (e)-- 6 omit, insert-- 7 (d) a public service employee. 8 127 Amendment of sch 2 (Dictionary) 9 Schedule 2, definition inspector-- 10 omit. 11 Part 4 Amendment of Land Sales Act 12 1984 13 128 Act amended 14 This part amends the Land Sales Act 1984. 15 129 Insertion of new s 5A 16 After section 5-- 17 insert-- 18 Page 75

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 5 Amendment of Manufactured Homes (Residential Parks) Act 2003 [s 130] 5A Relationship with Fair Trading Inspectors Act 1 2013 2 (1) The Fair Trading Inspectors Act 2013 (the FTI 3 Act) enacts common provisions for this Act and 4 particular other Acts about fair trading. 5 (2) Unless this Act otherwise provides in relation to 6 the FTI Act, the powers that an inspector has 7 under that Act are in addition to and do not limit 8 any powers the inspector may have under this 9 Act. 10 (3) In this section-- 11 inspector means a person who holds office under 12 the FTI Act as an inspector for this Act. 13 130 Omission of pt 3A (Enforcement) 14 Part 3A-- 15 omit. 16 Part 5 Amendment of Manufactured 17 Homes (Residential Parks) Act 18 2003 19 131 Act amended 20 This part amends the Manufactured Homes (Residential 21 Parks) Act 2003. 22 132 Amendment of pt 1, div 2, hdg (Objects) 23 Part 1, division 2, heading, after `Objects'-- 24 insert-- 25 Page 76

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 5 Amendment of Manufactured Homes (Residential Parks) Act 2003 [s 133] of Act and relationship with FTI Act 1 133 Insertion of new s 4A 2 Part 1, division 2-- 3 insert-- 4 4A Relationship with Fair Trading Inspectors Act 5 2013 6 (1) The Fair Trading Inspectors Act 2013 (the FTI 7 Act) enacts common provisions for this Act and 8 particular other Acts about fair trading. 9 (2) Unless this Act otherwise provides in relation to 10 the FTI Act, the powers that an inspector has 11 under that Act are in addition to and do not limit 12 any powers the inspector may have under this 13 Act. 14 (3) In this section-- 15 inspector means a person who holds office under 16 the FTI Act as an inspector for this Act. 17 Note-- 18 See also the modifying provisions for this Act stated in the 19 FTI Act, section 5. 20 134 Omission of pts 16 and 17 21 Parts 16 and 17-- 22 omit. 23 135 Amendment of s 134 (Appointments and authority) 24 Section 134(1)(b) and (c)-- 25 omit, insert-- 26 (b) the authority of the chief executive to do 27 anything under this Act. 28 Page 77

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 6 Amendment of Residential Services (Accreditation) Act 2002 [s 136] 136 Amendment of s 143 (Protection from liability) 1 (1) Section 143(1), `An official'-- 2 omit, insert-- 3 The chief executive 4 (2) Section 143(2), `an official'-- 5 omit, insert-- 6 the chief executive 7 (3) Section 143(3)-- 8 omit. 9 137 Amendment of schedule (Dictionary) 10 (1) Schedule, definitions facsimile warrant, inspector and 11 warrant form-- 12 omit. 13 (2) Schedule-- 14 insert-- 15 FTI Act see section 4A(1). 16 Part 6 Amendment of Residential 17 Services (Accreditation) Act 18 2002 19 138 Act amended 20 This part amends the Residential Services (Accreditation) Act 21 2002. 22 Page 78

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 6 Amendment of Residential Services (Accreditation) Act 2002 [s 139] 139 Insertion of new s 2A 1 Part 1, division 1-- 2 insert-- 3 2A Relationship with Fair Trading Inspectors Act 4 2013 5 (1) The Fair Trading Inspectors Act 2013 (the FTI 6 Act) enacts common provisions for this Act and 7 particular other Acts about fair trading. 8 (2) Unless this Act otherwise provides in relation to 9 the FTI Act, the powers that an inspector has 10 under that Act are in addition to and do not limit 11 any powers the inspector may have under this 12 Act. 13 (3) In this section-- 14 inspector means a person who holds office under 15 the FTI Act as an inspector for this Act. 16 Note-- 17 See also the modifying provisions for this Act stated in the 18 FTI Act, section 7. 19 140 Omission of pt 8 (Investigation and enforcement) 20 Part 8, other than section 139-- 21 omit. 22 141 Relocation and renumbering of s 139 (Alteration of 23 certificates) 24 Section 139-- 25 relocate and renumber as section 82A. 26 Page 79

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 6 Amendment of Residential Services (Accreditation) Act 2002 [s 142] 142 Amendment of s 165 (Appointments and authority) 1 Section 165, `, an associated accreditation officer or an authorised 2 officer, or the authority of the chief executive or an authorised 3 officer'-- 4 omit, insert-- 5 or an associated accreditation officer, or the authority 6 of the chief executive 7 143 Amendment of s 166 (Signatures) 8 Section 166, `or an authorised officer'-- 9 omit. 10 144 Amendment of s 167 (Other evidentiary aids) 11 Section 167(f), `residential service, associated accreditation officer 12 or authorised officer'-- 13 omit, insert-- 14 residential service or as an associated accreditation 15 officer 16 145 Amendment of s 180 (Confidentiality) 17 Section 180(1)(a), `, an associated accreditation officer or an 18 authorised officer'-- 19 omit, insert-- 20 or an associated accreditation officer 21 146 Amendment of s 182 (Protection from liability) 22 Section 182(3), definition official, paragraphs (d) and (e)-- 23 omit, insert-- 24 (d) a person acting under the direction of the 25 chief executive. 26 Page 80

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 7 Amendment of Retirement Villages Act 1999 [s 147] 147 Amendment of sch 2 (Dictionary) 1 Schedule 2, definitions authorised officer and owner-- 2 omit. 3 Part 7 Amendment of Retirement 4 Villages Act 1999 5 148 Act amended 6 This part amends the Retirement Villages Act 1999. 7 149 Amendment of pt 1, div 2, hdg (Objects) 8 Part 1, division 2, heading, after `Objects'-- 9 insert-- 10 of Act and relationship with FTI Act 11 150 Insertion of new s 3A 12 Part 1, division 2-- 13 insert-- 14 3A Relationship with Fair Trading Inspectors Act 15 2013 16 (1) The Fair Trading Inspectors Act 2013 (the FTI 17 Act) enacts common provisions for this Act and 18 particular other Acts about fair trading. 19 (2) Unless this Act otherwise provides in relation to 20 the FTI Act, the powers that an inspector has 21 under that Act are in addition to and do not limit 22 any powers the inspector may have under this 23 Act. 24 Page 81

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 7 Amendment of Retirement Villages Act 1999 [s 151] (3) In this section-- 1 inspector means a person who holds office under 2 the FTI Act as an inspector for this Act. 3 Note-- 4 See also the modifying provision for this Act stated in 5 the FTI Act, section 8. 6 151 Omission of pt 8 (Enforcement) 7 Part 8-- 8 omit. 9 152 Amendment of s 220 (Appointments and authority) 10 Section 220(1)(c) and (d)-- 11 omit, insert-- 12 (c) the authority of the chief executive or the 13 registrar to do anything under this Act. 14 153 Amendment of s 221 (Evidentiary provisions) 15 Section 221(2), `or an inspector'-- 16 omit. 17 154 Amendment of schedule (Dictionary) 18 Schedule-- 19 insert-- 20 FTI Act see section 3A(1). 21 Page 82

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 8 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 155] Part 8 Amendment of Second-hand 1 Dealers and Pawnbrokers Act 2 2003 3 155 Act amended 4 This part amends the Second-hand Dealers and Pawnbrokers 5 Act 2003. 6 156 Insertion of new s 3A 7 Part 1-- 8 insert-- 9 3A Relationship with Fair Trading Inspectors Act 10 2013 11 (1) The Fair Trading Inspectors Act 2013 (the FTI 12 Act) enacts common provisions for this Act and 13 particular other Acts about fair trading. 14 (2) Unless this Act otherwise provides in relation to 15 the FTI Act, the powers that an inspector has 16 under that Act are in addition to and do not limit 17 any powers the inspector has under this Act. 18 157 Amendment of s 59 (Presumption of right to redeem) 19 Section 59(3)(a), `section 90'-- 20 omit, insert-- 21 the FTI Act 22 158 Omission of pt 5 (Enforcement) 23 Part 5-- 24 omit. 25 Page 83

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 8 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 159] 159 Amendment of s 96 (False or misleading information) 1 (1) Section 96(1), `or an authorised officer'-- 2 omit. 3 (2) Section 96(2)(a), `or the authorised officer'-- 4 omit. 5 160 Omission of s 97 (Obstruction of authorised officers) 6 Section 97-- 7 omit. 8 161 Amendment of s 103 (Authorised officer may prosecute) 9 (1) Section 103, heading, `Authorised officer'-- 10 omit, insert-- 11 Inspector 12 (2) Section 103, `authorised officer'-- 13 omit, insert-- 14 inspector 15 162 Amendment of s 104 (Evidence) 16 (1) Section 104(4), `authorised officer'-- 17 omit, insert-- 18 inspector 19 (2) Section 104(6), definition official, paragraph (c)-- 20 omit, insert-- 21 (c) an inspector. 22 Page 84

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 9 Amendment of Security Providers Act 1993 [s 163] 163 Amendment of s 113 (Officials not civilly liable) 1 Section 113(3), definition official, paragraph (b)-- 2 omit, insert-- 3 (b) an inspector; or 4 164 Amendment of sch 3 (Dictionary) 5 (1) Schedule 3, definition authorised officer-- 6 omit. 7 (2) Schedule 3-- 8 insert-- 9 FTI Act see section 3A(1). 10 inspector means a person who holds office under 11 the FTI Act as an inspector for this Act. 12 Part 9 Amendment of Security 13 Providers Act 1993 14 165 Act amended 15 This part amends the Security Providers Act 1993. 16 166 Insertion of new s 2A 17 After section 2-- 18 insert-- 19 Page 85

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 9 Amendment of Security Providers Act 1993 [s 167] 2A Relationship with Fair Trading Inspectors Act 1 2013 2 (1) The Fair Trading Inspectors Act 2013 (the FTI 3 Act) enacts common provisions for this Act and 4 particular other Acts about fair trading. 5 (2) Unless this Act otherwise provides in relation to 6 the FTI Act, the powers that an inspector has 7 under that Act are in addition to and do not limit 8 any powers the inspector may have under this 9 Act. 10 (3) In this section-- 11 inspector means a person who holds office under 12 the FTI Act as an inspector for this Act. 13 167 Replacement of s 25A (Production of licence) 14 Section 25A-- 15 omit, insert-- 16 25A Production of licence 17 (1) This section applies if-- 18 (a) a licensee is not wearing the prescribed 19 identification when carrying out a function 20 of a security provider; and 21 (b) a person with whom the licensee is dealing 22 when carrying out the function asks to 23 inspect the licensee's licence. 24 (2) The licensee must produce the licensee's licence 25 for inspection. 26 Maximum penalty--20 penalty units. 27 168 Omission of pt 3 (Inspectors) 28 Part 3, other than section 44-- 29 Page 86

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 9 Amendment of Security Providers Act 1993 [s 169] omit. 1 169 Amendment, relocation and renumbering of s 44 (False or 2 misleading documents) 3 (1) Section 44(1), `or an inspector'-- 4 omit. 5 (2) Section 44(2), `or inspector'-- 6 omit. 7 (3) Section 44-- 8 relocate and renumber as section 49A. 9 170 Amendment of s 48 (Confidentiality of information) 10 Section 48(4)(c)-- 11 omit. 12 171 Replacement of s 49 (Protection from liability) 13 Section 49-- 14 omit, insert-- 15 49 Protection from liability 16 (1) An official does not incur civil liability for an act 17 or omission done honestly and without 18 negligence under this Act. 19 (2) A liability that would, apart from this section, 20 attach to an official attaches instead to the State. 21 (3) In this section-- 22 official means-- 23 (a) the chief executive; or 24 (b) a public service employee. 25 Page 87

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 10 Amendment of Tourism Services Act 2003 [s 172] 172 Amendment of s 51 (Evidentiary provisions) 1 (1) Section 51(2)-- 2 omit. 3 (2) Section 51(3), `or an inspector'-- 4 omit. 5 (3) Section 51(3) and (4)-- 6 renumber as section 51(2) and (3). 7 173 Amendment of sch 2 (Dictionary) 8 Schedule 2, definition inspector-- 9 omit. 10 Part 10 Amendment of Tourism 11 Services Act 2003 12 174 Act amended 13 This part amends the Tourism Services Act 2003. 14 175 Insertion of new s 6A 15 Part 1-- 16 insert-- 17 6A Relationship with Fair Trading Inspectors Act 18 2013 19 (1) The Fair Trading Inspectors Act 2013 (the FTI 20 Act) enacts common provisions for this Act and 21 particular other Acts about fair trading. 22 Page 88

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 10 Amendment of Tourism Services Act 2003 [s 176] (2) Unless this Act otherwise provides in relation to 1 the FTI Act, the powers that an inspector has 2 under that Act are in addition to and do not limit 3 any powers the inspector may have under this 4 Act. 5 (3) In this section-- 6 inspector means a person who holds office under 7 the FTI Act as an inspector for this Act. 8 Note-- 9 See also the modifying provisions for this Act stated in 10 the FTI Act, section 9. 11 176 Amendment of s 13 (Suitability for registration) 12 Section 13(3)(c), after `this Act,'-- 13 insert-- 14 the FTI Act if the offence is in relation to a matter 15 under this Act, 16 177 Omission of pt 6 (Investigation and enforcement) 17 Part 6-- 18 omit. 19 178 Amendment of s 85 (Review by tribunal) 20 Section 85(3)-- 21 omit. 22 179 Amendment of s 88 (Evidence) 23 (1) Section 88(2)-- 24 omit. 25 (2) Section 88(3), `or an inspector'-- 26 Page 89

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 11 Amendment of Travel Agents Act 1988 [s 180] omit. 1 (3) Section 88(3) and (4)-- 2 renumber as section 88(2) and (3). 3 180 Amendment of s 95 (Protecting officials from liability) 4 Section 95(3), definition official, paragraph (c)-- 5 omit. 6 181 Amendment of sch 2 (Dictionary) 7 (1) Schedule 2, definitions facsimile warrant, inspector, place, 8 seized thing and warrant form-- 9 omit. 10 (2) Schedule 2-- 11 insert-- 12 FTI Act see section 6A(1). 13 Part 11 Amendment of Travel Agents 14 Act 1988 15 182 Act amended 16 This part amends the Travel Agents Act 1988. 17 183 Insertion of new s 4 18 After section 3-- 19 insert-- 20 Page 90

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 11 Amendment of Travel Agents Act 1988 [s 184] 4 Relationship with Fair Trading Inspectors Act 1 2013 2 (1) The Fair Trading Inspectors Act 2013 (the FTI 3 Act) enacts common provisions for this Act and 4 particular other Acts about fair trading. 5 (2) Unless this Act otherwise provides in relation to 6 the FTI Act, the powers that an inspector has 7 under that Act are in addition to and do not limit 8 any powers the inspector may have under this 9 Act. 10 (3) In this section-- 11 inspector means a person who holds office under 12 the FTI Act as an inspector for this Act. 13 Note-- 14 See also the modifying provision for this Act stated in the 15 FTI Act, section 10. 16 184 Amendment of s 6 (Definitions) 17 (1) Section 6, definitions authorised officer and inspector-- 18 omit. 19 (2) Section 6, definition commissioner for consumer affairs, 20 note-- 21 omit. 22 185 Omission of ss 45-45J 23 Sections 45 to 45J-- 24 omit. 25 186 Omission of s 47 (Investigations) 26 Section 47-- 27 omit. 28 Page 91

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 11 Amendment of Travel Agents Act 1988 [s 187] 187 Amendment of s 50 (False or misleading information or 1 documents) 2 (1) Section 50(1), (2) and (3), `or an inspector'-- 3 omit. 4 (2) Section 50(4), `or the inspector'-- 5 omit. 6 188 Replacement of s 54 (Proceedings for offences) 7 Section 54-- 8 omit, insert-- 9 54 Offences under Act are summary 10 (1) An offence against this Act is a summary 11 offence. 12 (2) A proceeding for an offence against this Act must 13 start within the later of the following periods to 14 end-- 15 (a) 1 year after the commission of the offence; 16 (b) 6 months after the offence comes to the 17 complainant's knowledge but within 2 years 18 after the commission of the offence. 19 189 Amendment of s 56 (Evidence) 20 (1) Section 56(a), from `commissioner'-- 21 omit, insert-- 22 commissioner; 23 (2) Section 56(b), `or an inspector'-- 24 omit. 25 (3) Section 56(d)-- 26 omit. 27 Page 92

 


 

Fair Trading Inspectors Bill 2013 Chapter 6 Amendment of Acts Part 11 Amendment of Travel Agents Act 1988 [s 189] (4) Section 56(e)-- 1 renumber as section 56(d). 2 Page 93

 


 

Fair Trading Inspectors Bill 2013 Schedule 1 Schedule 1 Dictionary 1 section 11 2 approved form means a form approved by the chief executive 3 under section 93. 4 chief executive, for the application of this Act to a primary 5 Act that is administered in a department other than the 6 department in which this Act is administered, means the chief 7 executive of the department in which the primary Act is 8 administered. 9 conviction means a finding of guilt, or the acceptance of a 10 plea of guilty, by any court. 11 criminal history, of a person, means the convictions, other 12 than a spent conviction, recorded against the person for 13 offences, in Queensland or elsewhere, whether before or after 14 the commencement of this definition. 15 disposal order see section 54(2). 16 document certification requirement see section 57(6). 17 document production requirement see section 57(2). 18 electronic document means a document of a type under the 19 Acts Interpretation Act 1954, schedule 1, definition document, 20 paragraph (c). 21 former owner see section 51(1). 22 general power see section 38(1). 23 help requirement see section 39(1). 24 identity card, for a provision about inspectors, means an 25 identity card issued under section 17(1). 26 information notice, about a decision, means a notice stating 27 the following-- 28 (a) the decision; 29 (b) the reasons for it; 30 Page 94

 


 

Fair Trading Inspectors Bill 2013 Schedule 1 (c) that the person to whom the notice is given may apply to 1 the chief executive for a review of the decision within 20 2 business days after the person receives the notice; 3 (d) how to apply for a review. 4 information requirement see section 60(3). 5 inspector means a person who holds office under chapter 2, 6 part 1 as an inspector for a primary Act. 7 modifying provision-- 8 (a) for the Manufactured Homes (Residential Parks) Act 9 2003--see section 5(1); or 10 (b) for the Property Occupations Act 2013--see section 11 6(1); or 12 (c) for the Residential Services (Accreditation) Act 13 2002--see section 7(1); or 14 (d) for the Retirement Villages Act 1999--see section 8(1); 15 or 16 (e) for the Tourism Services Act 2003--see section 9(1); or 17 (f) for the Travel Agents Act 1988--see section 10(1). 18 notice means a written notice. 19 occupier, of a place, includes the following-- 20 (a) if there is more than 1 person who apparently occupies 21 the place--any 1 of the persons; 22 (b) any person at the place who is apparently acting with the 23 authority of a person who apparently occupies the place; 24 (c) if no-one apparently occupies the place--any person 25 who is an owner of the place. 26 of, a place, includes at or on the place. 27 offence warning, for a direction or requirement by an 28 inspector, means a warning that, without a reasonable excuse, 29 it is an offence for the person to whom the direction or 30 requirement is made not to comply with it. 31 original decision see section 76(1)(a). 32 Page 95

 


 

Fair Trading Inspectors Bill 2013 Schedule 1 owner, of a thing that has been seized under this Act, includes 1 a person who would be entitled to possession of the thing had 2 it not been seized. 3 personal details requirement see section 55(5). 4 person in control-- 5 (a) of a vehicle, includes-- 6 (i) the vehicle's driver or rider; and 7 (ii) anyone who reasonably appears to be, claims to be, 8 or acts as if he or she is, the vehicle's driver or rider 9 or the person in control of the vehicle; or 10 (b) of another thing, includes anyone who reasonably 11 appears to be, claims to be, or acts as if he or she is, the 12 person in possession or control of the thing. 13 place includes the following-- 14 (a) premises; 15 (b) vacant land; 16 (c) a place in Queensland waters; 17 (d) a place held under more than 1 title or by more than 1 18 owner; 19 (e) the land or water where a building or structure, or a 20 group of buildings or structures, is situated. 21 premises includes the following-- 22 (a) a building or other structure; 23 (b) a part of a building or other structure; 24 (c) a caravan or vehicle; 25 (d) a cave or tent; 26 (e) premises held under more than 1 title or by more than 1 27 owner. 28 primary Act-- 29 (a) generally--see section 4(1); or 30 Page 96

 


 

Fair Trading Inspectors Bill 2013 Schedule 1 (b) in relation to a particular inspector--means a primary 1 Act for which the inspector is appointed; or 2 (c) in relation to the exercise of a power by an 3 inspector--means a primary Act for which the inspector 4 is appointed and exercising the power. 5 public place means-- 6 (a) a place, or part of a place-- 7 (i) that the public is entitled to use, that is open to 8 members of the public or that is used by the public, 9 whether or not on payment of money; or 10 Examples of a place that may be a public place under 11 subparagraph (i)-- 12 a beach, a park, a road 13 (ii) the occupier of which allows, whether or not on 14 payment of money, members of the public to enter; 15 or 16 Examples of a place that may be a public place under 17 subparagraph (ii)-- 18 a saleyard, a showground 19 (b) a place that is a public place under another Act. 20 reasonably believes means believes on grounds that are 21 reasonable in the circumstances. 22 reasonably suspects means suspects on grounds that are 23 reasonable in the circumstances. 24 review decision see section 76(1)(b). 25 review notice day see section 76(2)(a). 26 spent conviction means a conviction-- 27 (a) for which the rehabilitation period under the Criminal 28 Law (Rehabilitation of Offenders) Act 1986 has expired 29 under that Act; and 30 (b) that is not revived as prescribed by section 11 of that 31 Act. 32 vehicle-- 33 Page 97

 


 

Fair Trading Inspectors Bill 2013 Schedule 1 (a) means a vehicle under the Transport Operations (Road 1 Use Management) Act 1995; and 2 (b) includes a vessel under that Act. 3 State of Queensland 2013 Authorised by the Parliamentary Counsel Page 98

 


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