Queensland Bills Explanatory Notes

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SECOND-HAND DEALERS AND PAWNBROKERS BILL 2003

                                    1
              Second-Hand Dealers and Pawnbrokers Bill 2003


          SECOND-HAND DEALERS AND
            PAWNBROKERS BILL 2003


               AMENDMENTS IN COMMITTEE



                    EXPLANATORY NOTES

GENERAL OUTLINE

Objectives of the legislation
  The objective of the amendments in Committee is to correct an error due
to an oversight associated with the complex drafting of the National
Competition Policy (NCP) amendments to the Funeral Benefit Business
Act 1982 (FBB Act). The inconsistency became apparent after the Second-
hand Dealers and Pawnbrokers Bill 2003 (the Bill) was drafted.
   The NCP Report made a number of recommendations for reform of the
FBB Act in order to meet its policy objectives in a more cost-effective way.
One of the recommendations was to retain Parts 3 and 4 of the FBB Act in
their current form, so that they only apply in relation to existing contracts,
to ensure the rights and obligations of the parties under those contracts are
not changed.
   The Bill inadvertently restricts the application of the inspectors' powers
to current registered funeral benefit providers, and there are only fifteen
(15) registered corporations in that category. The amendments in
Committee are required to allow the Office of Fair Trading inspectors to be
able to enforce both existing and future funeral benefit contracts.
  A minor typographical error will also be corrected.


Administrative cost
  There are no costs associated with the amendments in Committee.
 
 
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               Second-Hand Dealers and Pawnbrokers Bill 2003


Fundamental legislative principles
   The amendments in Committee do not infringe any fundamental
legislative principles.


Consultation
  Approval from the Department of the Premier and Cabinet was obtained.
No issue about inspectors' powers under the FBB Act was raised during
consultation on the draft Bill.




                    NOTES ON PROVISIONS



                     PART 1--PRELIMINARY

  Clause 1 amends a typographical error, changing the word "of" to the
word "or".
  Clause 2 omits clause 178 of the Bill which restricts the application of
the inspectors' powers to Part 3 and Part 4 corporations and moves the
section to the relevant part of the Bill, which is Part 8. Part 8 of the Bill
contains all of the sections that apply to both existing and future funeral
benefit contracts.
   Clause 3 renumbers the sections in Part 8 as a result of adding the
inspectors' powers to this part of the Bill.



                            © State of Queensland 2003

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