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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Fair Trading Inspectors
Bill 2011
Queensland
Fair Trading Inspectors Bill 2011
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5 Modifying operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Chapter 2 Inspectors
Part 1 General matters about inspectors
Division 1 Functions
7 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2 Appointment
8 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 15
9 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 15
10 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 3 Identity cards
12 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 17
14 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 4 Miscellaneous provisions
15 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 17
16 Reference to document includes reference to reproductions from
electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 2 Entry to places by inspectors
Division 1 Power to enter
17 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Fair Trading Inspectors Bill 2011
Contents
Division 2 Entry by consent
18 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 20
20 Matters inspector must tell occupier . . . . . . . . . . . . . . . . . . . . . . . 20
21 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3 Entry under warrant
Subdivision 1 Obtaining warrant
22 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
23 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Additional procedure if electronic application . . . . . . . . . . . . . . . . 24
26 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 2 Entry procedure
27 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 3 Other inspectors' powers and related matters
Division 1 Stopping or moving vehicles
28 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29 Power to stop or move . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
30 Identification requirements if vehicle moving . . . . . . . . . . . . . . . . 27
31 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2 General powers after entering places
32 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
33 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
34 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 30
35 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 31
Division 3 Seizure and forfeiture
Subdivision 1 Power to seize
36 Seizing evidence at a place that may be entered without
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
37 Seizing evidence at a place that may be entered only with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
38 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 2 Powers to support seizure
39 Requirement of person in control of thing to be seized . . . . . . . . 33
40 Offence to contravene seizure requirement . . . . . . . . . . . . . . . . . 33
41 Power to secure seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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42 Offence to contravene other seizure requirement . . . . . . . . . . . . 34
43 Offence to interfere. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 3 Safeguards for seized things
44 Receipt and information notice for seized thing . . . . . . . . . . . . . . 35
45 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
46 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 4 Forfeiture
47 Forfeiture by chief executive decision. . . . . . . . . . . . . . . . . . . . . . 37
48 Information notice about forfeiture decision . . . . . . . . . . . . . . . . . 38
49 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
50 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
51 Procedure and powers for making forfeiture order . . . . . . . . . . . . 39
Subdivision 5 Dealing with property forfeited or transferred to State
52 When thing becomes property of the State . . . . . . . . . . . . . . . . . 40
53 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 4 Disposal orders
54 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 5 Other information-obtaining powers
55 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 41
56 Offence to contravene personal details requirement . . . . . . . . . . 42
57 Power to require production of document. . . . . . . . . . . . . . . . . . . 43
58 Offence to contravene document production requirement . . . . . . 44
59 Offence to contravene document certification . . . . . . . . . . . . . . . 44
60 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
61 Offence to contravene information requirement . . . . . . . . . . . . . . 46
Part 4 Obtaining criminal history reports
62 Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
63 Chief executive's power to obtain criminal history report . . . . . . . 46
64 Criminal history is confidential document . . . . . . . . . . . . . . . . . . . 47
Part 5 Miscellaneous provisions
Division 1 Damage
65 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 48
66 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 2 Compensation
67 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
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Division 3 Other offences relating to inspectors
68 Giving inspector false or misleading information . . . . . . . . . . . . . 50
69 Obstructing inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
70 Impersonating inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 4 Other provisions
71 Evidential immunity for individuals complying with particular
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Chapter 3 Appeals, evidence and legal proceedings
Part 1 Reviews and appeals
Division 1 Right of appeal
72 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 2 Internal review of decisions
73 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . 53
74 How to apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
75 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
76 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 3 Appeals
77 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
78 Procedure for an appeal to the court . . . . . . . . . . . . . . . . . . . . . . 55
79 Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . 56
80 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
81 Effect of decision of court on appeal . . . . . . . . . . . . . . . . . . . . . . 57
Part 2 Evidence and legal proceedings
Division 1 Evidentiary provisions
82 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
83 Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
84 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
85 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 2 Offence proceedings
86 Offences under Act are summary. . . . . . . . . . . . . . . . . . . . . . . . . 58
87 Statement of complainant's knowledge . . . . . . . . . . . . . . . . . . . . 59
Chapter 4 Miscellaneous provisions
88 Supervision by inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
89 Reasonable excuse defences. . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
90 Protection from liability for particular persons . . . . . . . . . . . . . . . 59
91 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
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92 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
93 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
94 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Chapter 5 Transitional provisions
Part 1 Purposes, definitions and general approach
95 Main purposes of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
96 Definitions for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
97 Document, action, obligation or protection under previous
provision of primary Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
98 Terminology in things mentioned in s 97(1) . . . . . . . . . . . . . . . . . 63
99 Period stated in previous provision. . . . . . . . . . . . . . . . . . . . . . . . 64
100 Period or date stated in document given under previous
provision ..................................... 64
101 Action happening before commencement may be relevant to
proceeding for particular acts or omissions . . . . . . . . . . . . . . . . . 65
102 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
103 Examples for ch 2 of documents under s 97 . . . . . . . . . . . . . . . . 66
104 Examples for ch 2 of obligations under s 97. . . . . . . . . . . . . . . . . 67
105 Examples for ch 2 of protections under s 97 . . . . . . . . . . . . . . . . 69
Division 2 General matters
106 Existing authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
107 Existing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
108 Reviews and appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
109 References in Acts and documents . . . . . . . . . . . . . . . . . . . . . . . 71
Chapter 6 Amendment of Acts
Part 1 Amendment of Funeral Benefit Business Act 1982
110 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
111 Insertion of new s 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
3 Relationship with Fair Trading Inspectors Act 2011 . 71
112 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 71
113 Replacement of pt 2, hdg (Appointment of officers) . . . . . . . . . . . 72
114 Omission of ss 6B-6D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
115 Amendment of s 52 (Cancellation of registration by QCAT) . . . . . 72
116 Replacement of s 81 (Powers of inspectors) . . . . . . . . . . . . . . . . 72
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Division 1 Forfeiture and disposal orders
81 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 73
81A Procedure and powers for making forfeiture order . . . 73
81B When thing becomes property of the State . . . . . . . . 73
81C How property may be dealt with . . . . . . . . . . . . . . . . . 74
81D Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
117 Insertion of new pt 8, div 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Part 2 Amendment of Introduction Agents Act 2001
118 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
119 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
4A Relationship with Fair Trading Inspectors Act 2011 . 75
120 Amendment of pt 2, div 1, hdg (Definitions and notes) . . . . . . . . 76
121 Omission of s 6 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
122 Replacement of pt 6 (Enforcement) . . . . . . . . . . . . . . . . . . . . . . . 76
Part 6 Forfeiture and disposal orders
61 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 76
62 Procedure and powers for making forfeiture order . . . 77
63 When thing becomes property of the State . . . . . . . . 77
64 How property may be dealt with . . . . . . . . . . . . . . . . . 77
65 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
123 Amendment of s 91 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . 78
124 Amendment of s 96 (Protecting officials from liability) . . . . . . . . . 79
125 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 79
Part 3 Amendment of Land Sales Act 1984
126 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
127 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
5A Relationship with Fair Trading Inspectors Act 2011 . 80
128 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 80
129 Replacement of pt 3A (Enforcement) . . . . . . . . . . . . . . . . . . . . . . 80
Part 3A Forfeiture and disposal orders
30 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 80
30A Procedure and powers for making forfeiture order . . . 81
30B When thing becomes property of the State . . . . . . . . 81
30C How property may be dealt with . . . . . . . . . . . . . . . . . 81
30D Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
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Part 4 Amendment of Manufactured Homes (Residential Parks)
Act 2003
130 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
131 Amendment of pt 1, div 2, hdg (Objects) . . . . . . . . . . . . . . . . . . . 83
132 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
4A Relationship with Fair Trading Inspectors Act 2011 . 83
133 Replacement of pts 16 and 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Part 16 Forfeiture and disposal orders
104 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 84
105 Procedure and powers for making forfeiture order . . . 84
106 When thing becomes property of the State . . . . . . . . 84
107 How property may be dealt with . . . . . . . . . . . . . . . . . 85
108 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
134 Amendment of s 134 (Appointments and authority) . . . . . . . . . . . 86
135 Amendment of s 143 (Protection from liability). . . . . . . . . . . . . . . 86
136 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 86
Part 5 Amendment of Residential Services (Accreditation) Act
2002
137 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
138 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
2A Relationship with Fair Trading Inspectors Act 2011 . 87
139 Replacement of pt 8 (Investigation and enforcement) . . . . . . . . . 88
Part 8 Forfeiture and disposal orders
105 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 88
106 Procedure and powers for making forfeiture order . . . 88
107 When thing becomes property of the State . . . . . . . . 89
108 How property may be dealt with . . . . . . . . . . . . . . . . . 89
109 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
110 Procedure and powers for making disposal order . . . 90
140 Relocation and renumbering of s 139 (Alteration of certificates) . 90
141 Amendment of s 165 (Appointments and authority) . . . . . . . . . . . 91
142 Amendment of s 166 (Signatures) . . . . . . . . . . . . . . . . . . . . . . . . 91
143 Amendment of s 167 (Other evidentiary aids) . . . . . . . . . . . . . . . 91
144 Amendment of s 180 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 91
145 Amendment of s 182 (Protection from liability). . . . . . . . . . . . . . . 91
146 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 92
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Part 6 Amendment of Retirement Villages Act 1999
147 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
148 Amendment of pt 1, div 2, hdg (Objects) . . . . . . . . . . . . . . . . . . . 92
149 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
3A Relationship with Fair Trading Inspectors Act 2011 . 92
150 Replacement of pt 8 (Enforcement) . . . . . . . . . . . . . . . . . . . . . . . 93
Part 8 Forfeiture and disposal orders
134 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 93
135 Procedure and powers for making forfeiture order . . . 93
136 When thing becomes property of the State . . . . . . . . 94
137 How property may be dealt with . . . . . . . . . . . . . . . . . 94
138 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
151 Amendment of s 220 (Appointments and authority) . . . . . . . . . . . 95
152 Amendment of s 221 (Evidentiary provisions) . . . . . . . . . . . . . . . 95
153 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 96
Part 7 Amendment of Second-hand Dealers and Pawnbrokers Act
2003
154 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
155 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
3A Relationship with Fair Trading Inspectors Act 2011 . 96
156 Replacement of pt 5 (Enforcement) . . . . . . . . . . . . . . . . . . . . . . . 96
Part 5 Forfeiture and disposal orders
75 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 97
76 Procedure and powers for making forfeiture order . . . 97
77 When thing becomes property of the State . . . . . . . . 97
78 How property may be dealt with . . . . . . . . . . . . . . . . . 98
79 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
157 Amendment of s 96 (False or misleading information) . . . . . . . . . 99
158 Omission of s 97 (Obstruction of authorised officers) . . . . . . . . . 99
159 Amendment of s 103 (Authorised officer may prosecute) . . . . . . 99
160 Amendment of s 104 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . 99
161 Amendment of s 113 (Officials not civilly liable) . . . . . . . . . . . . . . 100
162 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 100
Part 8 Amendment of Security Providers Act 1993
163 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
164 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
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2A Relationship with Fair Trading Inspectors Act 2011 . 101
165 Replacement of s 25A (Production of licence) . . . . . . . . . . . . . . . 101
25A Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . 101
166 Replacement of pt 3 (Inspectors) . . . . . . . . . . . . . . . . . . . . . . . . . 101
Part 3 Forfeiture and disposal orders
32 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 102
33 Procedure and powers for making forfeiture order . . . 102
34 When thing becomes property of the State . . . . . . . . 102
35 How property may be dealt with . . . . . . . . . . . . . . . . . 103
36 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
167 Amendment, relocation and renumbering of s 44 (False or
misleading documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
168 Amendment of s 48 (Confidentiality of information) . . . . . . . . . . . 104
169 Replacement of s 49 (Protection from liability) . . . . . . . . . . . . . . . 104
49 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 104
170 Amendment of s 51 (Evidentiary provisions) . . . . . . . . . . . . . . . . 105
171 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 105
Part 9 Amendment of Tourism Services Act 2003
172 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
173 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
6A Relationship with Fair Trading Inspectors Act 2011 . 106
174 Amendment of s 13 (Suitability for registration) . . . . . . . . . . . . . . 106
175 Replacement of pt 6 (Investigation and enforcement) . . . . . . . . . 106
Part 6 Forfeiture and disposal orders
39 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 107
40 Procedure and powers for making forfeiture order . . . 107
41 When thing becomes property of the State . . . . . . . . 107
42 How property may be dealt with . . . . . . . . . . . . . . . . . 108
43 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
176 Amendment of s 85 (Review by tribunal) . . . . . . . . . . . . . . . . . . . 109
177 Amendment of s 88 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . 109
178 Amendment of s 95 (Protecting officials from liability) . . . . . . . . . 109
179 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 109
Part 10 Amendment of Travel Agents Act 1988
180 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
181 Insertion of new s 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Page 9
Fair Trading Inspectors Bill 2011
Contents
4 Relationship with Fair Trading Inspectors Act 2011 . 110
182 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 110
183 Insertion of new ss 43A-43E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
43A Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 111
43B Procedure and powers for making forfeiture order . . . 111
43C When thing becomes property of the State . . . . . . . . 112
43D How property may be dealt with . . . . . . . . . . . . . . . . . 112
43E Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
184 Omission of ss 45-45J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
185 Omission of s 47 (Investigations) . . . . . . . . . . . . . . . . . . . . . . . . . 113
186 Amendment of s 50 (False or misleading information or
documents) .................................. 113
187 Replacement of s 54 (Proceedings for offences) . . . . . . . . . . . . . 114
54 Offences under Act are summary. . . . . . . . . . . . . . . . 114
188 Amendment of s 56 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Schedule 1 Modifying provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Manufactured Homes (Residential Parks) Act 2003. . . . . . . . . . . 115
Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . 115
Retirement Villages Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Tourism Services Act 2003. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Travel Agents Act 1988. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Page 10
2011
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 the Funeral
Benefit Business Act 1982, Introduction Agents Act 2001, Land
Sales Act 1984, Manufactured Homes (Residential Parks) Act
2003, Residential Services (Accreditation) Act 2002, Retirement
Villages Act 1999, Second-hand Dealers and Pawnbrokers Act
2003, Security Providers Act 1993, Tourism Services Act 2003
and Travel Agents Act 1988
Fair Trading Inspectors Bill 2011
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 4
Act 2011. 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) Funeral Benefit Business Act 1982; 17
(b) Introduction Agents Act 2001; 18
(c) Land Sales Act 1984; 19
(d) Manufactured Homes (Residential Parks) Act 2003; 20
(e) Residential Services (Accreditation) Act 2002; 21
(f) Retirement Villages Act 1999; 22
(g) Second-hand Dealers and Pawnbrokers Act 2003; 23
Page 12
Fair Trading Inspectors Bill 2011
Chapter 1 Preliminary
[s 5]
(h) Security Providers Act 1993; 1
(i) Tourism Services Act 2003; 2
(j) Travel Agents Act 1988. 3
(2) The common provisions mostly concern-- 4
(a) the appointment and powers of inspectors for primary 5
Acts; and 6
(b) the procedures relating to the exercise of the powers. 7
5 Modifying operation of Act 8
(1) The common provisions are modified, for the following 9
primary Acts, by the provisions (the modifying provisions) 10
stated in schedule 1 for the primary Act-- 11
(a) Manufactured Homes (Residential Parks) Act 2003; 12
(b) Residential Services (Accreditation) Act 2002; 13
(c) Retirement Villages Act 1999; 14
(d) Tourism Services Act 2003; 15
(e) Travel Agents Act 1988. 16
(2) A word defined in a primary Act and used in a modifying 17
provision for that Act has the same meaning in the modifying 18
provision as it has in the primary Act. 19
6 Definitions 20
The dictionary in schedule 2 defines particular words used in 21
this Act. 22
Page 13
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 1 General matters about inspectors
[s 7]
Chapter 2 Inspectors 1
Part 1 General matters about 2
inspectors 3
Division 1 Functions 4
7 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 a primary Act and any 17
provisions of the primary Act, the functions are in addition to 18
and do not limit any functions the inspector has under the 19
primary Act. 20
(4) It is unnecessary for the inspector to hold a separate 21
appointment for this Act. 22
Page 14
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 1 General matters about inspectors
[s 8]
Division 2 Appointment 1
8 Appointment and qualifications 2
(1) The chief executive may, by instrument in writing, appoint 3
any of the following persons as an inspector for a primary 4
Act-- 5
(a) a public service employee; 6
(b) a person prescribed by the primary Act; 7
(c) a person prescribed under a regulation. 8
(2) However, the chief executive may appoint a person as an 9
inspector only if the chief executive is satisfied the person is 10
qualified for appointment because the person has the 11
necessary expertise or experience. 12
(3) The instrument must state the primary Act for which the 13
person is appointed as an inspector. 14
(4) A person may be appointed as an inspector for more than 1 15
primary Act. 16
9 Appointment conditions and limit on powers 17
(1) An inspector holds office on any conditions stated in-- 18
(a) the inspector's instrument of appointment; or 19
(b) a signed notice given to the inspector; or 20
(c) a regulation. 21
(2) The instrument of appointment, a signed notice given to the 22
inspector or a regulation may limit the inspector's powers. 23
(3) In this section-- 24
signed notice means a notice signed by the chief executive. 25
Page 15
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 1 General matters about inspectors
[s 10]
10 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 11 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
11 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
12 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 under this Act or a 25
primary Act; and 26
(d) state an expiry date for the card. 27
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Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 1 General matters about inspectors
[s 13]
(3) This section does not prevent the issue of a single identity 1
card to a person for this Act, or a primary Act, and other 2
purposes. 3
13 Production or display of identity card 4
(1) In exercising a power in relation to a person in the person's 5
presence, an inspector must-- 6
(a) produce the inspector's identity card for the person's 7
inspection before exercising the power; or 8
(b) have the identity card displayed so it is clearly visible to 9
the person when exercising the power. 10
(2) However, if it is not practicable to comply with subsection (1), 11
the inspector must produce the identity card for the person's 12
inspection at the first reasonable opportunity. 13
(3) For subsection (1), an inspector does not exercise a power in 14
relation to a person only because the inspector has entered a 15
place as mentioned in section 17(1)(b) or (d). 16
14 Return of identity card 17
If the office of a person as an inspector ends, the person must 18
return the person's identity card to the chief executive within 19
21 days after the office ends unless the person has a 20
reasonable excuse. 21
Maximum penalty--20 penalty units. 22
Division 4 Miscellaneous provisions 23
15 References to exercise of powers 24
If-- 25
(a) a provision of this chapter refers to the exercise of a 26
power by an inspector; and 27
Page 17
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 2 Entry to places by inspectors
[s 16]
(b) there is no reference to a specific power; 1
the reference is to the exercise of all or any inspectors' powers 2
under this chapter or a warrant, to the extent the powers are 3
relevant. 4
16 Reference to document includes reference to 5
reproductions from electronic document 6
A reference in this chapter to a document includes a reference 7
to an image or writing-- 8
(a) produced from an electronic document; or 9
(b) not yet produced, but reasonably capable of being 10
produced, from an electronic document, with or without 11
the aid of another article or device. 12
Part 2 Entry to places by inspectors 13
Division 1 Power to enter 14
17 General power to enter places 15
(1) An inspector may enter a place if-- 16
(a) an occupier of the place consents under division 2 to the 17
entry and section 20 has been complied with for the 18
occupier; or 19
(b) it is a public place and the entry is made when it is open 20
to the public; or 21
(c) the entry is authorised under a warrant and, if there is an 22
occupier of the place, division 3, subdivision 2 has been 23
complied with for the occupier; or 24
Page 18
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 2 Entry to places by inspectors
[s 17]
(d) it is a place of business that is regulated under a primary 1
Act and is-- 2
(i) open for carrying on the business; or 3
(ii) otherwise open for entry; or 4
(iii) required to be open for inspection under the 5
primary Act. 6
(2) For subsection (1)(d), a place of business does not include a 7
part of the place where a person resides. 8
(3) If the power to enter arose only because an occupier of the 9
place consented to the entry, the power is subject to any 10
conditions of the consent and ceases if the consent is 11
withdrawn. 12
(4) If the power to enter is under a warrant, the power is subject to 13
the terms of the warrant. 14
(5) The consent may provide consent for re-entry and is subject to 15
the conditions of consent. 16
(6) If the power to enter is under a warrant, the re-entry is subject 17
to the terms of the warrant. 18
(7) In this section-- 19
authority, under a primary Act, means a licence, registration, 20
permit or other authority, however called, issued under the 21
primary Act. 22
regulated under a primary Act, for a place of business, 23
means-- 24
(a) the person who carries on business at the place holds, or 25
is required to hold, an authority under a primary Act to 26
carry on the business; or 27
(b) the place of business is, or is required to be, mentioned 28
in an authority under a primary Act. 29
Page 19
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 2 Entry to places by inspectors
[s 18]
Division 2 Entry by consent 1
18 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 17(1)(a). 5
19 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
20 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
21 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 20
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 2 Entry to places by inspectors
[s 22]
(a) the purpose of the entry, including the powers intended 1
to be 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; and 6
(c) the occupier gives the inspector or another inspector 7
consent to enter the place and exercise the powers; and 8
(d) the time and day the consent was given; and 9
(e) any conditions of the consent. 10
(3) If the occupier signs the acknowledgement, the inspector must 11
immediately give a copy to the occupier. 12
(4) However, if it is impractical for the inspector to give the 13
occupier a copy of the acknowledgement immediately, the 14
inspector must give the copy as soon as practicable. 15
(5) If-- 16
(a) an issue arises in a proceeding about whether the 17
occupier consented to the entry; and 18
(b) an acknowledgement complying with subsection (2) for 19
the entry is not produced in evidence; 20
the onus of proof is on the person relying on the lawfulness of 21
the entry to prove the occupier consented. 22
Division 3 Entry under warrant 23
Subdivision 1 Obtaining warrant 24
22 Application for warrant 25
(1) An inspector may apply to a magistrate for a warrant for a 26
place. 27
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Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 2 Entry to places by inspectors
[s 23]
(2) The inspector must prepare a written application that states 1
the grounds on which the warrant is sought. 2
(3) The written application must be sworn. 3
(4) The magistrate may refuse to consider the application until the 4
inspector gives the magistrate all the information the 5
magistrate requires about the application in the way the 6
magistrate requires. 7
Example-- 8
The magistrate may require additional information supporting the 9
written application to be given by statutory declaration. 10
23 Issue of warrant 11
(1) The magistrate may issue a warrant for the place only under 12
subsection (2) or (3). 13
(2) The magistrate may issue a warrant for the place if the 14
magistrate is satisfied there are reasonable grounds for 15
suspecting that there is at the place, or will be at the place 16
within the next 7 days, a particular thing or activity that may 17
provide evidence of an offence against this Act or a primary 18
Act. 19
(3) Also, the magistrate may issue a warrant for the place for the 20
purpose of the inspector's performance of the function 21
mentioned in section 7(1)(a) at the place if-- 22
(a) the place is a place mentioned in section 17(1)(b) or (d); 23
and 24
(b) the magistrate is satisfied it is reasonably necessary that 25
the inspector should have access to the place for the 26
purpose of effectively performing the function at the 27
place. 28
Example for paragraph (b)-- 29
The magistrate may be satisfied under paragraph (b) if the 30
inspector has made a reasonable attempt to perform the function 31
at the place without a warrant, but because of obstruction has 32
been unsuccessful. 33
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Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 2 Entry to places by inspectors
[s 24]
(4) The warrant must state-- 1
(a) the place to which the warrant applies; and 2
(b) that a stated inspector or any inspector may with 3
necessary and reasonable help and force-- 4
(i) enter the place and any other place necessary for 5
entry to the place; and 6
(ii) exercise the inspector's powers; and 7
(c) particulars of the offence or other circumstances that the 8
magistrate considers appropriate; and 9
(d) if the warrant is issued under subsection (2)--the name 10
of the person suspected of having committed the offence 11
unless the name is unknown or the magistrate considers 12
it inappropriate to state the name; and 13
(e) the evidence that may be seized under the warrant; and 14
(f) the hours of the day or night when the place may be 15
entered; and 16
(g) the magistrate's name; and 17
(h) the day and time of the warrant's issue; and 18
(i) the day, within 14 days after the warrant's issue, the 19
warrant ends. 20
(5) Subsection (3) does not limit the powers that an inspector can 21
exercise in the absence of a warrant. 22
24 Electronic application 23
(1) An application under section 22 may be made by phone, fax, 24
email, radio, videoconferencing or another form of electronic 25
communication if the inspector reasonably considers it 26
necessary because of-- 27
(a) urgent circumstances; or 28
(b) other special circumstances, including, for example, the 29
inspector's remote location. 30
Page 23
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 2 Entry to places by inspectors
[s 25]
(2) The application-- 1
(a) may not be made before the inspector prepares the 2
written application under section 22(2); but 3
(b) may be made before the written application is sworn. 4
25 Additional procedure if electronic application 5
(1) For an application made under section 24, the magistrate may 6
issue the warrant (the original warrant) only if the magistrate 7
is satisfied-- 8
(a) it was necessary to make the application under section 9
24; and 10
(b) the way the application was made under section 24 was 11
appropriate. 12
(2) After the magistrate issues the original warrant-- 13
(a) if there is a reasonably practicable way of immediately 14
giving a copy of the warrant to the inspector, including, 15
for example, by sending a copy by fax or email, the 16
magistrate must immediately give a copy of the warrant 17
to the inspector; or 18
(b) otherwise-- 19
(i) the magistrate must tell the inspector the 20
information mentioned in section 23(4); and 21
(ii) the inspector must complete a form of warrant, 22
including by writing on it the information 23
mentioned in section 23(4) provided by the 24
magistrate. 25
(3) The copy of the warrant mentioned in subsection (2)(a), or the 26
form of warrant completed under subsection (2)(b) (in either 27
case the duplicate warrant), is a duplicate of, and as effectual 28
as, the original warrant. 29
(4) The inspector must, at the first reasonable opportunity, send to 30
the magistrate-- 31
Page 24
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 2 Entry to places by inspectors
[s 26]
(a) the written application complying with section 22(2) 1
and (3); and 2
(b) if the inspector completed a form of warrant under 3
subsection (2)(b)--the completed form of warrant. 4
(5) The magistrate must keep the original warrant and, on 5
receiving the documents under subsection (4)-- 6
(a) attach the documents to the original warrant; and 7
(b) give the original warrant and documents to the clerk of 8
the court of the relevant magistrates court. 9
(6) Despite subsection (3), if-- 10
(a) an issue arises in a proceeding about whether an 11
exercise of a power was authorised by a warrant issued 12
under this section; and 13
(b) the original warrant is not produced in evidence; 14
the onus of proof is on the person relying on the lawfulness of 15
the exercise of the power to prove a warrant authorised the 16
exercise of the power. 17
(7) This section does not limit section 22. 18
(8) In this section-- 19
relevant magistrates court, in relation to a magistrate, means 20
the Magistrates Court that the magistrate constitutes under the 21
Magistrates Act 1991. 22
26 Defect in relation to a warrant 23
(1) A warrant is not invalidated by a defect in-- 24
(a) the warrant; or 25
(b) compliance with this subdivision; 26
unless the defect affects the substance of the warrant in a 27
material particular. 28
(2) In this section-- 29
Page 25
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 2 Entry to places by inspectors
[s 27]
warrant includes a duplicate warrant mentioned in section 1
25(3). 2
Subdivision 2 Entry procedure 3
27 Procedure 4
(1) This section applies if an inspector is intending to enter a 5
place under a warrant issued under this division. 6
(2) Before entering the place, the inspector must do or make a 7
reasonable attempt to do the following things-- 8
(a) identify himself or herself to a person who is an 9
occupier of the place and is present by producing the 10
inspector's identity card or another document 11
evidencing the inspector's appointment; 12
(b) give the person a copy of the warrant; 13
(c) tell the person the inspector is permitted by the warrant 14
to enter the place; 15
(d) give the person an opportunity to allow the inspector 16
immediate entry to the place without using force. 17
(3) However, the inspector need not comply with subsection (2) if 18
the inspector believes on reasonable grounds that entry to the 19
place is required to ensure the execution of the warrant is not 20
frustrated. 21
(4) In this section-- 22
warrant includes a duplicate warrant mentioned in section 23
25(3). 24
Page 26
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 3 Other inspectors' powers and related matters
[s 28]
Part 3 Other inspectors' powers and 1
related matters 2
Division 1 Stopping or moving vehicles 3
28 Application of div 1 4
This division applies if an inspector reasonably suspects, or is 5
aware, that a thing in or on a vehicle may provide evidence of 6
the commission of an offence against this Act or a primary 7
Act. 8
29 Power to stop or move 9
(1) If the vehicle is moving, the inspector may, to exercise his or 10
her powers, signal or otherwise direct the person in control of 11
the vehicle to stop the vehicle and to bring the vehicle to, and 12
keep it at, a convenient place within a reasonable distance to 13
allow the inspector to exercise the powers. 14
(2) If the vehicle is stopped, the inspector may direct the person 15
in control of the vehicle-- 16
(a) not to move it until the inspector has exercised the 17
inspector's powers; or 18
(b) to move the vehicle to, and keep it at, a stated reasonable 19
place to allow the inspector to exercise the powers. 20
(3) When giving the direction under subsection (2), the inspector 21
must give the person in control an offence warning for the 22
direction. 23
30 Identification requirements if vehicle moving 24
(1) This section applies if the inspector proposes to give a 25
direction under section 29(1) and the vehicle is moving. 26
Page 27
Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 3 Other inspectors' powers and related matters
[s 31]
(2) The inspector must clearly identify himself or herself as an 1
inspector exercising the inspector's powers. 2
Examples-- 3
1 If the inspector is in a moving vehicle, he or she may use a loud 4
hailer to identify himself or herself as an inspector exercising 5
powers. 6
2 If the inspector is standing at the side of the road, he or she may use 7
a sign to identify himself or herself as an inspector exercising 8
powers. 9
(3) When the vehicle stops, the inspector must-- 10
(a) have with him or her the inspector's identity card; and 11
(b) immediately produce the identity card for the inspection 12
of the person in control of the vehicle. 13
(4) Subsection (3) applies despite section 13. 14
31 Failure to comply with direction 15
(1) The person in control of the vehicle must comply with a 16
direction under section 29 unless the person has a reasonable 17
excuse. 18
Maximum penalty--165 penalty units. 19
(2) It is a reasonable excuse for the person not to comply with a 20
direction if-- 21
(a) the vehicle was moving and the inspector did not 22
comply with section 30; or 23
(b) to comply immediately would have endangered 24
someone else or caused loss or damage to property, and 25
the person complies as soon as it is practicable to do so. 26
(3) Subsection (2) does not limit subsection (1). 27
(4) A person does not commit an offence against subsection (1) 28
if-- 29
(a) the direction the person fails to comply with is given 30
under section 29(2); and 31
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Fair Trading Inspectors Bill 2011
Chapter 2 Inspectors
Part 3 Other inspectors' powers and related matters
[s 32]
(b) the person is not given an offence warning for the 1
direction. 2
Division 2 General powers after entering 3
places 4
32 Application of div 2 5
(1) The powers under this division may be exercised if an 6
inspector enters a place under-- 7
(a) section 17(1)(a); or 8
(b) section 17(1)(c); or 9
(c) section 17(1)(d). 10
(2) However, if the inspector enters under section 17(1)(a) or (c), 11
the powers under this division are subject to any conditions of 12
the consent or terms of the warrant. 13
33 General powers 14
(1) The inspector may do any of the following (each a general 15
power)-- 16
(a) search any part of the place; 17
(b) inspect, examine or film any part of the place or 18
anything at the place; 19
(c) take for examination a thing, or a sample of or from a 20
thing, at the place; 21
(d) place an identifying mark in or on anything at the place; 22
(e) take an extract from, or copy, a document at the place, or 23
take the document to another place to copy; 24
(f) produce an image or writing at the place from an 25
electronic document or, to the extent it is not 26
practicable, take a thing containing an electronic 27
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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 and return the document 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
34 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
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(2) When making the help requirement, the inspector must give 1
the person an offence warning for the requirement. 2
35 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 (the subject) 13
is required to be held or kept by the defendant under this Act 14
or a primary Act. 15
Note-- 16
See, however, section 71. 17
Division 3 Seizure and forfeiture 18
Subdivision 1 Power to seize 19
36 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 23(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 23(3). 28
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37 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 23(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 23(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
(i) hidden, lost or destroyed; or 23
(ii) used to continue, or repeat, the offence. 24
(5) The inspector may also seize a thing at the place if the 25
inspector reasonably believes it has just been used in 26
committing an offence against this Act or a primary Act. 27
38 Seizure of property subject to security 28
(1) An inspector may seize a thing, and exercise powers relating 29
to the thing, despite a lien or other security over the thing 30
claimed by another person. 31
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(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
39 Requirement of person in control of thing to be seized 5
(1) To enable a thing to be seized, an inspector may require the 6
person in control of it-- 7
(a) to take it to a stated reasonable place by a stated 8
reasonable time; and 9
(b) if necessary, to remain in control of it at the stated place 10
for a stated reasonable time. 11
(2) The requirement-- 12
(a) must be made by notice; or 13
(b) if for any reason it is not practicable to give a notice, 14
may be made orally and confirmed by notice as soon as 15
practicable. 16
40 Offence to contravene seizure requirement 17
A person of whom a requirement is made under section 39 18
must comply with the requirement unless the person has a 19
reasonable excuse. 20
Maximum penalty--50 penalty units. 21
41 Power to secure seized thing 22
(1) Having seized a thing under this division, an inspector may-- 23
(a) leave it at the place where it was seized (the place of 24
seizure) and take reasonable action to restrict access to 25
it; or 26
(b) move it from the place of seizure. 27
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(2) For subsection (1)(a), the inspector may, for example-- 1
(a) seal the thing, or the entrance to the place of seizure, and 2
mark the thing or place to show access to the thing or 3
place is restricted; or 4
(b) for equipment--make it inoperable; or 5
Example-- 6
make it inoperable by dismantling it or removing a component 7
without which the equipment can not be used 8
(c) require a person the inspector reasonably believes is in 9
control of the place or thing to do an act mentioned in 10
paragraph (a) or (b) or anything else an inspector could 11
do under subsection (1)(a). 12
42 Offence to contravene other seizure requirement 13
A person must comply with a requirement made of the person 14
under section 41(2)(c) unless the person has a reasonable 15
excuse. 16
Maximum penalty--50 penalty units. 17
43 Offence to interfere 18
(1) If access to a seized thing is restricted under section 41, a 19
person must not tamper with the thing or with anything used 20
to restrict access to the thing without-- 21
(a) an inspector's approval; or 22
(b) a reasonable excuse. 23
Maximum penalty--50 penalty units. 24
(2) If access to a place is restricted under section 41, a person 25
must not enter the place in contravention of the restriction or 26
tamper with anything used to restrict access to the place 27
without-- 28
(a) an inspector's approval; or 29
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(b) a reasonable excuse. 1
Maximum penalty--50 penalty units. 2
Subdivision 3 Safeguards for seized things 3
44 Receipt and information notice for seized thing 4
(1) This section applies if an inspector seizes anything under this 5
division unless-- 6
(a) the inspector reasonably believes there is no-one 7
apparently in possession of the thing or the thing has 8
been abandoned; or 9
(b) because of the condition, nature and value of the thing it 10
would be unreasonable to require the inspector to 11
comply with this section. 12
(2) The inspector must, as soon as practicable after seizing the 13
thing, give an owner or person in control of the thing before it 14
was seized-- 15
(a) a receipt for the thing that generally describes the thing 16
and its condition; and 17
(b) an information notice about the decision to seize it. 18
(3) However, if an owner or person from whom the thing is seized 19
is not present when it is seized, the receipt and information 20
notice may be given by leaving them in a conspicuous 21
position and in a reasonably secure way at the place at which 22
the thing is seized. 23
(4) The receipt and information notice may-- 24
(a) be given in the same document; and 25
(b) relate to more than 1 seized thing. 26
(5) The inspector may delay giving the receipt and information 27
notice if the inspector reasonably suspects giving them may 28
frustrate or otherwise hinder an investigation by the inspector 29
under this Act. 30
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(6) However, the delay may be only for so long as the inspector 1
continues to have the reasonable suspicion and remains in the 2
vicinity of the place at which the thing was seized to keep it 3
under observation. 4
45 Access to seized thing 5
(1) Until a seized thing is forfeited or returned, the inspector who 6
seized the thing must allow an owner of the thing-- 7
(a) to inspect it at any reasonable time and from time to 8
time; and 9
(b) if it is a document--to copy it. 10
(2) Subsection (1) does not apply if it is impracticable or would 11
be unreasonable to allow the inspection or copying. 12
(3) The inspection or copying must be allowed free of charge. 13
46 Return of seized thing 14
(1) This section applies if a seized thing has some intrinsic value 15
and is not-- 16
(a) forfeited or transferred under subdivision 4 or 5; or 17
(b) subject to a disposal order under division 4. 18
(2) The inspector must return the seized thing to an owner-- 19
(a) generally--at the end of 1 year after the seizure; or 20
(b) if a proceeding for an offence involving the thing is 21
started within the 1 year--at the end of the proceeding 22
and any appeal from the proceeding. 23
(3) Despite subsection (2), if the thing was seized as evidence, the 24
inspector must return the thing seized to an owner as soon as 25
practicable after the inspector is satisfied-- 26
(a) its continued retention as evidence is no longer required; 27
and 28
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(b) its continued retention is not necessary to prevent it 1
being used to continue, or repeat, an offence against this 2
Act or a primary Act; and 3
(c) it is lawful for the owner to possess it. 4
(4) Nothing in this section affects a lien or other security over the 5
seized thing. 6
Subdivision 4 Forfeiture 7
47 Forfeiture by chief executive decision 8
(1) The chief executive may decide a seized thing is forfeited to 9
the State if an inspector-- 10
(a) after making reasonable inquiries, can not find an 11
owner; or 12
(b) after making reasonable efforts, can not return it to an 13
owner; or 14
(c) reasonably believes it is necessary to keep the thing to 15
prevent it being used to commit the offence for which it 16
was seized. 17
(2) However, the inspector is not required to-- 18
(a) make inquiries if it would be unreasonable to make 19
inquiries to find an owner; or 20
(b) make efforts if it would be unreasonable to make efforts 21
to return the thing to an owner. 22
Example for paragraph (b)-- 23
the owner of the thing has migrated to another country 24
(3) Regard must be had to the thing's condition, nature and value 25
in deciding-- 26
(a) whether it is reasonable to make inquiries or efforts; and 27
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(b) if inquiries or efforts are made--what inquiries or 1
efforts, including the period over which they are made, 2
are reasonable. 3
48 Information notice about forfeiture decision 4
(1) If the chief executive decides under section 47(1) to forfeit a 5
thing, the chief executive must as soon as practicable give a 6
person who owned the thing immediately before the forfeiture 7
(the former owner) an information notice about the decision. 8
(2) If the decision was made under section 47(1)(a) or (b), the 9
information notice may be given by leaving it at the place 10
where the thing was seized, in a conspicuous position and in a 11
reasonably secure way. 12
(3) The information notice must state that the former owner may 13
apply for a stay of the decision if he or she appeals against the 14
decision. 15
(4) However, subsections (1) to (3) do not apply if-- 16
(a) the decision was made under section 47(1)(a) or (b); and 17
(b) the place where the thing was seized is-- 18
(i) a public place; or 19
(ii) a place where the notice is unlikely to be read by 20
the former owner. 21
49 Dealing with forfeited things 22
(1) On the forfeiture of a thing to the State, the chief executive 23
may deal with it as the chief executive considers appropriate, 24
including, for example, by destroying it or giving it away. 25
(2) However, the chief executive must not deal with the thing in a 26
way that could prejudice the outcome of an appeal under this 27
Act, or a primary Act, of which the chief executive is aware. 28
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(3) If the chief executive sells the thing, the chief executive may, 1
after deducting the costs of the sale, return the proceeds of the 2
sale to the former owner of the thing. 3
(4) This section is subject to any disposal order made for the 4
thing. 5
50 Forfeiture on conviction 6
(1) On the conviction of a person for an offence against this Act, 7
the court may order the forfeiture to the State of-- 8
(a) anything used to commit the offence; or 9
(b) anything else the subject of the offence. 10
(2) The court may make the order-- 11
(a) whether or not the thing has been seized; and 12
(b) if the thing has been seized--whether or not the thing 13
has been returned to the former owner of the thing. 14
(3) The court may make any order to enforce the forfeiture it 15
considers appropriate. 16
(4) This section does not limit the court's powers under another 17
law. 18
51 Procedure and powers for making forfeiture order 19
(1) A forfeiture order may be made on a conviction on the court's 20
initiative or on an application by the prosecution. 21
(2) In deciding whether to make a forfeiture order for a thing, the 22
court-- 23
(a) may require notice to be given to anyone the court 24
considers appropriate, including, for example, any 25
person who may have any property in the thing; and 26
(b) must hear any submissions that any person claiming to 27
have any property in the thing may wish to make. 28
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Subdivision 5 Dealing with property forfeited or 1
transferred to 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 47(1) or 5
50; or 6
(b) the owner of the thing and the State agree, in writing, to 7
the transfer of the ownership of the thing to the State. 8
53 How property may be dealt with 9
(1) This section applies if, under section 52, a thing becomes the 10
property of the State. 11
(2) The chief executive may deal with the thing as the chief 12
executive considers appropriate, including, for example, by 13
destroying it or giving it away. 14
(3) The chief executive must not deal with the thing in a way that 15
could prejudice the outcome of an appeal against the 16
forfeiture under this Act. 17
(4) If the chief executive sells the thing, the chief executive may, 18
after deducting the costs of the sale, return the proceeds of the 19
sale to the former owner of the thing. 20
(5) This section is subject to any disposal order made for the 21
thing. 22
Division 4 Disposal orders 23
54 Disposal order 24
(1) This section applies if a person is convicted of an offence 25
against this Act. 26
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(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
55 Power to require name and address 25
(1) This section applies if an inspector-- 26
(a) finds a person committing an offence against this Act or 27
a primary Act; or 28
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(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
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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
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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
(1) A person of whom a document certification requirement has 30
been made must comply with the requirement unless the 31
person has a reasonable excuse. 32
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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
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(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
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(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 that is in the commissioner's possession or to which 8
the 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
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report as soon as practicable after the inspector considers the 1
risk mentioned in section 62. 2
Part 5 Miscellaneous provisions 3
Division 1 Damage 4
65 Duty to avoid inconvenience and minimise damage 5
In exercising a power, an inspector must take all reasonable 6
steps to cause as little inconvenience, and do as little damage, 7
as possible. 8
Note-- 9
See also section 67. 10
66 Notice of damage 11
(1) This section applies if-- 12
(a) an inspector damages something when exercising, or 13
purporting to exercise, a power; or 14
(b) a person (the assistant) acting under the direction or 15
authority of an inspector damages something. 16
(2) However, this section does not apply to damage the inspector 17
reasonably considers is trivial or if the inspector reasonably 18
believes-- 19
(a) there is no-one apparently in possession of the thing; or 20
(b) the thing has been abandoned. 21
(3) The inspector must give notice of the damage to the person 22
who appears to the inspector to be an owner, or person in 23
control, of the thing. 24
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(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. 30
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[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
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[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, or someone helping 7
an inspector, exercising a power under this Act or a primary 8
Act unless the 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
70 Impersonating inspector 23
A person must not impersonate an inspector. 24
Maximum penalty--80 penalty units. 25
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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 34 or 5
60. 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
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[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
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[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 the 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
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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 the 6
court within 28 days after the review notice day; 7
(d) how to appeal; 8
(e) that the applicant may apply to the court for a stay of the 9
decision. 10
(3) If the chief executive does not give the review notice within 11
the 30 days, the chief executive is taken to have made a review 12
decision confirming the original decision. 13
Division 3 Appeals 14
77 Who may appeal 15
A person who has applied for review of an original decision 16
and is dissatisfied with the review decision may appeal to the 17
court against the decision. 18
78 Procedure for an appeal to the court 19
(1) An appeal to the court is started by filing notice of appeal with 20
the clerk of the court. 21
(2) A copy of the notice must be served on the chief executive. 22
(3) The notice of appeal must be filed within 28 days after the 23
review notice day. 24
(4) The court may, whether before or after the time for filing the 25
notice of appeal ends, extend the period for filing the notice of 26
appeal. 27
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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
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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
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[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
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[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 person as follows (a designated person) does not incur civil 24
liability for an act done, or omission made, honestly and 25
without negligence under this Act-- 26
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Chapter 4 Miscellaneous provisions
[s 91]
(a) the chief executive; 1
(b) an inspector; 2
(c) a person acting under the authority or direction of an 3
inspector. 4
(2) If subsection (1) prevents a civil liability attaching to a 5
designated person, the liability attaches instead to the State. 6
(3) In this section-- 7
civil liability includes liability for the payment of costs 8
ordered to be paid in a proceeding for an offence against this 9
Act. 10
91 Delegation by chief executive 11
(1) The chief executive may delegate the chief executive's 12
functions under this Act to an appropriately qualified public 13
service employee. 14
(2) In this section-- 15
appropriately qualified includes having the qualifications, 16
experience or standing appropriate for the functions. 17
Example of standing-- 18
a person's classification level in the public service 19
92 Confidentiality of information 20
(1) An inspector must not, whether directly or indirectly, disclose 21
confidential information. 22
Maximum penalty--100 penalty units. 23
(2) However, subsection (1) does not apply if-- 24
(a) the confidential information is disclosed-- 25
(i) in the performance of functions under this Act; or 26
(ii) with the written consent of the person to whom the 27
information relates; or 28
(iii) to the person to whom the information relates; or 29
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[s 93]
(iv) in a form that could not identify any person; or 1
(b) the disclosure of the confidential information is 2
authorised under an Act or another law. 3
(3) In this section-- 4
confidential information means information that has become 5
known to an inspector in the course of performing the 6
inspector's functions for this Act. 7
93 Approved forms 8
The chief executive may approve forms for use under this Act. 9
94 Regulation-making power 10
(1) The Governor in Council may make regulations under this 11
Act. 12
(2) A regulation may impose a penalty of no more than 20 penalty 13
units for a contravention of a regulation. 14
Chapter 5 Transitional provisions 15
Part 1 Purposes, definitions and 16
general approach 17
95 Main purposes of ch 5 18
The main purposes of this chapter are-- 19
(a) to provide for provisions of this Act that are 20
substantially the same as repealed provisions of a 21
primary Act to be dealt with as replacements of the 22
repealed provisions; and 23
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[s 96]
(b) without limiting paragraph (a), if matters relating to the 1
appointment and powers of inspectors for a primary Act, 2
and the procedures relating to the exercise of the 3
powers, were dealt with in a primary Act, to provide for 4
the continuation of the matters under this Act. 5
96 Definitions for ch 5 6
In this chapter-- 7
commencement means the day this section commences. 8
corresponding provision, for a previous provision of a 9
primary Act, means a provision of this Act that is 10
substantially the same as the previous provision of the 11
primary Act. 12
made includes given and issued. 13
obligation includes duty. 14
previous, in relation to a stated provision of a primary Act that 15
includes a number, means the provision of the primary Act 16
with that number immediately before the commencement, if 17
the provision is repealed under this Act. 18
previous provision, of a primary Act, means a provision of the 19
primary Act, as in force immediately before the 20
commencement, if the provision is repealed under this Act. 21
protection includes a statement to the effect of any of the 22
following-- 23
(a) that there is no liability; 24
(b) that there is no invalidity; 25
(c) that a person has an entitlement. 26
97 Document, action, obligation or protection under 27
previous provision of primary Act 28
(1) This section applies to any of the following-- 29
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Part 1 Purposes, definitions and general approach
[s 98]
(a) a document made or kept under a previous provision of 1
a primary Act (the relevant previous provision for the 2
document) if the document continued to have effect or 3
was in force immediately before the commencement; 4
(b) an action done under a previous provision of a primary 5
Act (the relevant previous provision for the action) if 6
the action continued to have effect immediately before 7
the commencement; 8
(c) an entity's obligation under a previous provision of a 9
primary Act (the relevant previous provision for the 10
obligation) if the obligation applied to the entity 11
immediately before the commencement; 12
(d) an entity's protection under a previous provision of a 13
primary Act (the relevant previous provision for the 14
protection) that applied to the entity immediately before 15
the commencement. 16
(2) Subject to a specific provision of this Act in relation to the 17
document, action, obligation or protection, if there is a 18
corresponding provision for the relevant previous provision 19
for the document, action, obligation or protection, the 20
document, action, obligation or protection-- 21
(a) continues in force or to have effect according to its 22
terms; and 23
(b) may be taken to have been made, kept or done under the 24
corresponding provision. 25
(3) Subsection (2)(b) applies whether or not the relevant previous 26
provision refers to the document, action, obligation or 27
protection by reference to a provision of the primary Act. 28
(4) Other provisions of this part include examples of the 29
operation of this section. 30
98 Terminology in things mentioned in s 97(1) 31
(1) This section applies to a document (the relevant document) 32
that is-- 33
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[s 99]
(a) a document as mentioned in section 97(1); or 1
(b) evidence of a document, action, obligation or protection 2
as mentioned in section 97(1). 3
(2) A reference in the relevant document to a document, action, 4
obligation or protection as mentioned in section 97(1) is to be 5
read, if the context permits and with the necessary changes to 6
terminology, as if the document, action, obligation or 7
protection were made, kept or done under this Act. 8
Example for subsection (2)-- 9
An instrument of appointment given under a primary Act by the chief 10
executive to an inspector limiting the powers of the inspector is to be 11
read as if the instrument limited the powers of the inspector under this 12
Act. 13
99 Period stated in previous provision 14
(1) This section applies if, in a previous provision of a primary 15
Act, there is a period for doing something, and the period for 16
doing the thing started but did not finish before the 17
commencement. 18
(2) If there is a corresponding provision to the previous provision 19
of the primary Act and both the corresponding provision and 20
the previous provision provide for the same period, the period 21
for doing the thing continues to have started from when the 22
period started under the previous provision but ends under the 23
corresponding provision. 24
100 Period or date stated in document given under previous 25
provision 26
(1) This section applies if-- 27
(a) there was a previous provision of a primary Act that 28
provided for a document to be made under it; and 29
(b) there is a corresponding provision to the previous 30
provision of the primary Act; and 31
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[s 101]
(c) under the previous provision and before the 1
commencement, a document was given to a person, 2
whether or not the person had received the document 3
before the commencement. 4
Example for paragraph (c)-- 5
a notice under the Residential Services (Accreditation) Act 2002, 6
previous section 127, that states a period within which a person 7
who is in control of a thing to be seized must take the thing to a 8
place stated in the notice 9
(2) If the document stated a period for doing something-- 10
(a) the stated period continues to apply for doing the thing; 11
and 12
(b) the period continues to have started from when the 13
period started under the previous provision of the 14
primary Act. 15
(3) If the document stated a day before which, or by which, a 16
thing is to be done (however expressed), the thing must be 17
done by the stated day. 18
101 Action happening before commencement may be 19
relevant to proceeding for particular acts or omissions 20
(1) An action as mentioned in section 97(1) happening before the 21
commencement may be relevant to a proceeding relating to a 22
contravention of a provision of this Act involving an act or 23
omission that happened after the commencement. 24
(2) This section does not limit the Acts Interpretation Act 1954, 25
section 20C. 26
(3) In this section-- 27
contravention includes an alleged contravention. 28
102 Acts Interpretation Act 1954, s 20 not limited 29
This chapter does not limit the Acts Interpretation Act 1954, 30
section 20. 31
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Part 2 Transitional provisions relating to particular provisions of primary Acts
[s 103]
Part 2 Transitional provisions relating 1
to particular provisions of 2
primary Acts 3
Division 1 Examples for chapter 2 4
103 Examples for ch 2 of documents under s 97 5
For the operation of chapter 2, the following are examples of 6
documents as mentioned in section 97(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 45I 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
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Part 2 Transitional provisions relating to particular provisions of primary Acts
[s 104]
Example of previous provision-- 1
the Residential Services (Accreditation) Act 2002, previous 2
section 127 3
(d) a notice under the Residential Services (Accreditation) 4
Act 2002, previous section 133 requiring a person to 5
give information; 6
(e) a receipt for a seized thing under a previous provision of 7
a primary Act; 8
Examples of previous provisions-- 9
· the Second-hand Dealers and Pawnbrokers Act 2003, 10
previous section 91 11
· the Tourism Services Act 2003, previous section 55 12
(f) an information notice under a previous provision of a 13
primary Act; 14
Example of previous provision-- 15
a QCAT information notice under the Tourism Services Act 16
2003, previous section 56 17
104 Examples for ch 2 of obligations under s 97 18
For the operation of chapter 2, the following are examples of 19
an obligation as mentioned in section 97(1)(c) in relation to 20
matters dealt with under a primary Act-- 21
(a) an obligation under a previous provision of a primary 22
Act for an inspector to give notice of the particulars of 23
damage to anything; 24
Examples of previous provisions-- 25
· the Manufactured Homes (Residential Parks) Act 2003, 26
previous section 123 27
· the Residential Services (Accreditation) Act 2002, previous 28
section 137 29
· the Tourism Services Act 2003, previous section 63 30
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[s 104]
(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 the Residential Services 28
(Accreditation) Act 2002, previous section 127, to take a 29
thing to be seized to a stated place. 30
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Part 2 Transitional provisions relating to particular provisions of primary Acts
[s 105]
105 Examples for ch 2 of protections under s 97 1
For the operation of chapter 2, the following are examples of a 2
protection as mentioned in section 97(1)(d) in relation to 3
matters dealt with under a primary Act-- 4
(a) the statement in the Land Sales Act 1984, previous 5
section 30F(5), that particular information or a 6
particular document is not admissible in evidence 7
against an individual in any criminal proceedings; 8
(b) a right for a person to claim compensation under a 9
previous provision of a primary Act. 10
Examples of previous provisions-- 11
· the Land Sales Act 1984, previous section 30J 12
· the Manufactured Homes (Residential Parks) Act 2003, 13
previous section 124 14
· the Residential Services (Accreditation) Act 2002, previous 15
section 138 16
· the Retirement Villages Act 1999, previous section 152 17
· the Security Providers Act 1993, previous section 46 18
· the Travel Agents Act 1988, previous section 45H 19
Division 2 General matters 20
106 Existing authorised officers 21
(1) This section applies to a person who-- 22
(a) before the commencement, was appointed under a 23
primary Act as an authorised officer; and 24
(b) still held the appointment immediately before the 25
commencement. 26
Note-- 27
The relevant primary Acts are the Residential Services (Accreditation) 28
Act 2002, the Second-hand Dealers and Pawnbrokers Act 2003 and the 29
Travel Agents Act 1988. 30
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[s 107]
(2) On the commencement-- 1
(a) the person's appointment as an authorised officer under 2
the primary Act ends; and 3
(b) the person is taken to hold office under this Act as an 4
inspector for the primary Act on the conditions stated in 5
the person's instrument of appointment under the 6
primary Act. 7
107 Existing inspectors 8
(1) This section applies to a person who-- 9
(a) before the commencement, was appointed under a 10
primary Act as an inspector; and 11
(b) still held the appointment immediately before the 12
commencement. 13
Note-- 14
The relevant primary Acts are the Introduction Agents Act 2001, the 15
Manufactured Homes (Residential Parks) Act 2003 and the Security 16
Providers Act 1993, but not the Tourism Services Act 2003 or the Travel 17
Agents Act 1988 which adopted inspectors appointed under the Fair 18
Trading Act 1989. 19
(2) On the commencement, the person is taken to hold office 20
under this Act as an inspector for the primary Act on the 21
conditions stated in the person's instrument of appointment 22
under the primary Act. 23
108 Reviews and appeals 24
Previous provisions of any primary Act that provide for 25
review or appeal of a decision made under the primary Act 26
continue to apply after the commencement in relation to a 27
decision made before the commencement as if the primary 28
Act had not been amended by this Act. 29
Page 70
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 1 Amendment of Funeral Benefit Business Act 1982
[s 109]
109 References in Acts and documents 1
A reference in an Act or document to a previous provision of a 2
primary Act may, if the context permits, be taken as a 3
reference to the corresponding provision of the previous 4
provision. 5
Chapter 6 Amendment of Acts 6
Part 1 Amendment of Funeral Benefit 7
Business Act 1982 8
110 Act amended 9
This part amends the Funeral Benefit Business Act 1982. 10
111 Insertion of new s 3 11
After section 2-- 12
insert-- 13
`3 Relationship with Fair Trading Inspectors Act 2011 14
`(1) The Fair Trading Inspectors Act 2011 (the FTI Act) enacts 15
common provisions for this Act and particular other Acts 16
about fair trading. 17
`(2) Unless this Act otherwise provides in relation to the FTI Act, 18
the powers that an inspector has under that Act are in addition 19
to and do not limit any powers the inspector has under this 20
Act.'. 21
112 Amendment of s 5 (Definitions) 22
(1) Section 5, definition inspector-- 23
Page 71
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 1 Amendment of Funeral Benefit Business Act 1982
[s 113]
omit. 1
(2) Section 5-- 2
insert-- 3
`disposal order see section 81D(2). 4
FTI Act see section 3(1). 5
inspector means a person who holds office under the FTI Act 6
as an inspector for this Act.'. 7
113 Replacement of pt 2, hdg (Appointment of officers) 8
Part 2, heading-- 9
omit, insert-- 10
`Part 2 The registrar'. 11
114 Omission of ss 6B-6D 12
Sections 6B to 6D-- 13
omit. 14
115 Amendment of s 52 (Cancellation of registration by 15
QCAT) 16
Section 52(14), `whether as registrar or as an inspector under 17
this Act,'-- 18
omit. 19
116 Replacement of s 81 (Powers of inspectors) 20
Section 81-- 21
omit, insert-- 22
Page 72
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 1 Amendment of Funeral Benefit Business Act 1982
[s 116]
`Division 1 Forfeiture and disposal orders 1
`81 Forfeiture on conviction 2
`(1) On the conviction of a person for an offence against this Act, 3
the court may order the forfeiture to the State of-- 4
(a) anything used to commit the offence; or 5
(b) anything else the subject of the offence. 6
`(2) The court may make any order to enforce the forfeiture it 7
considers appropriate. 8
`(3) This section does not limit the court's powers under another 9
law. 10
`81A Procedure and powers for making forfeiture order 11
`(1) A forfeiture order may be made on a conviction on the court's 12
initiative or on an application by the prosecution. 13
`(2) In deciding whether to make a forfeiture order for a thing, the 14
court-- 15
(a) may require notice to be given to anyone the court 16
considers appropriate, including, for example, any 17
person who may have any property in the thing; and 18
(b) must hear any submissions that any person claiming to 19
have any property in the thing may wish to make. 20
`81B When thing becomes property of the State 21
`A thing becomes the property of the State if-- 22
(a) the thing is forfeited to the State under a forfeiture 23
order; or 24
(b) the owner of the thing and the State agree, in writing, to 25
the transfer of the ownership of the thing to the State. 26
Page 73
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 1 Amendment of Funeral Benefit Business Act 1982
[s 116]
`81C How property may be dealt with 1
`(1) This section applies if, under section 81B, a thing becomes the 2
property of the State. 3
`(2) The chief executive may deal with the thing as the chief 4
executive considers appropriate, including, for example, by 5
destroying it or giving it away. 6
`(3) The chief executive must not deal with the thing in a way that 7
could prejudice the outcome of an appeal against the 8
forfeiture under this Act. 9
`(4) If the chief executive sells the thing, the chief executive may, 10
after deducting the costs of the sale, return the proceeds of the 11
sale to the person who was the thing's owner immediately 12
before the thing became the property of the State. 13
`(5) This section is subject to any disposal order made for the 14
thing. 15
`81D Disposal order 16
`(1) This section applies if a person is convicted of an offence 17
against this Act. 18
`(2) The court may make an order (a disposal order), on its own 19
initiative or on an application by the prosecution, for the 20
disposal of any of the following things owned by the person-- 21
(a) anything that was the subject of, or used to commit, the 22
offence; 23
(b) another thing the court considers is likely to be used by 24
the person or another person in committing a further 25
offence against this Act. 26
`(3) In deciding whether to make a disposal order for a thing, the 27
court-- 28
(a) may require notice to be given to anyone the court 29
considers appropriate, including, for example, any 30
person who may have any property in the thing; and 31
Page 74
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 2 Amendment of Introduction Agents Act 2001
[s 117]
(b) must hear any submissions that any person claiming to 1
have any property in the thing may wish to make. 2
`(4) The court may make any order to enforce the disposal order 3
that it considers appropriate. 4
`(5) This section does not limit the court's powers under another 5
law. 6
`Division 2 Evidence and legal proceedings'. 7
117 Insertion of new pt 8, div 3, hdg 8
After section 85-- 9
insert-- 10
`Division 3 Miscellaneous provisions'. 11
Part 2 Amendment of Introduction 12
Agents Act 2001 13
118 Act amended 14
This part amends the Introduction Agents Act 2001. 15
119 Insertion of new s 4A 16
Part 1-- 17
insert-- 18
`4A Relationship with Fair Trading Inspectors Act 2011 19
`(1) The Fair Trading Inspectors Act 2011 (the FTI Act) enacts 20
common provisions for this Act and particular other Acts 21
about fair trading. 22
Page 75
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 2 Amendment of Introduction Agents Act 2001
[s 120]
`(2) Unless this Act otherwise provides in relation to the FTI Act, 1
the powers that an inspector has under that Act are in addition 2
to and do not limit any powers the inspector may have under 3
this Act. 4
`(3) In this section-- 5
inspector means a person who holds office under the FTI Act 6
as an inspector for this Act.'. 7
120 Amendment of pt 2, div 1, hdg (Definitions and notes) 8
Part 2, division 1, heading, `and notes'-- 9
omit. 10
121 Omission of s 6 (Notes in text) 11
Section 6-- 12
omit. 13
122 Replacement of pt 6 (Enforcement) 14
Part 6-- 15
omit, insert-- 16
`Part 6 Forfeiture and disposal orders 17
`61 Forfeiture on conviction 18
`(1) On the conviction of a person for an offence against this Act, 19
the court may order the forfeiture to the State of-- 20
(a) anything used to commit the offence; or 21
(b) anything else the subject of the offence. 22
`(2) The court may make any order to enforce the forfeiture it 23
considers appropriate. 24
Page 76
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 2 Amendment of Introduction Agents Act 2001
[s 122]
`(3) This section does not limit the court's powers under another 1
law. 2
`62 Procedure and powers for making forfeiture order 3
`(1) A forfeiture order may be made on a conviction on the court's 4
initiative or on an application by the prosecution. 5
`(2) In deciding whether to make a forfeiture order for a thing, the 6
court-- 7
(a) may require notice to be given to anyone the court 8
considers appropriate, including, for example, any 9
person who may have any property in the thing; and 10
(b) must hear any submissions that any person claiming to 11
have any property in the thing may wish to make. 12
`63 When thing becomes property of the State 13
`A thing becomes the property of the State if-- 14
(a) the thing is forfeited to the State under a forfeiture 15
order; or 16
(b) the owner of the thing and the State agree, in writing, to 17
the transfer of the ownership of the thing to the State. 18
`64 How property may be dealt with 19
`(1) This section applies if, under section 63, a thing becomes the 20
property of the State. 21
`(2) The chief executive may deal with the thing as the chief 22
executive considers appropriate, including, for example, by 23
destroying it or giving it away. 24
`(3) The chief executive must not deal with the thing in a way that 25
could prejudice the outcome of an appeal against the 26
forfeiture under this Act. 27
Page 77
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 2 Amendment of Introduction Agents Act 2001
[s 123]
`(4) If the chief executive sells the thing, the chief executive may, 1
after deducting the costs of the sale, return the proceeds of the 2
sale to the person who was the thing's owner immediately 3
before the thing became the property of the State. 4
`(5) This section is subject to any disposal order made for the 5
thing. 6
`65 Disposal order 7
`(1) This section applies if a person is convicted of an offence 8
against this Act. 9
`(2) The court may make an order (a disposal order), on its own 10
initiative or on an application by the prosecution, for the 11
disposal of any of the following things owned by the person-- 12
(a) anything that was the subject of, or used to commit, the 13
offence; 14
(b) another thing the court considers is likely to be used by 15
the person or another person in committing a further 16
offence against this Act. 17
`(3) In deciding whether to make a disposal order for a thing, the 18
court-- 19
(a) may require notice to be given to anyone the court 20
considers appropriate, including, for example, any 21
person who may have any property in the thing; and 22
(b) must hear any submissions that any person claiming to 23
have any property in the thing may wish to make. 24
`(4) The court may make any order to enforce the disposal order 25
that it considers appropriate. 26
`(5) This section does not limit the court's powers under another 27
law.'. 28
123 Amendment of s 91 (Evidence) 29
(1) Section 91(2)-- 30
Page 78
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 3 Amendment of Land Sales Act 1984
[s 124]
omit. 1
(2) Section 91(3), `or an inspector'-- 2
omit. 3
(3) Section 91(3) and (4)-- 4
renumber as section 91(2) and (3). 5
124 Amendment of s 96 (Protecting officials from liability) 6
Section 96(4), definition official, paragraphs (d) and (e)-- 7
omit, insert-- 8
`(d) a public service employee.'. 9
125 Amendment of sch 2 (Dictionary) 10
(1) Schedule 2, definition inspector-- 11
omit. 12
(2) Schedule 2-- 13
insert-- 14
`disposal order see section 65(2).'. 15
Part 3 Amendment of Land Sales Act 16
1984 17
126 Act amended 18
This part amends the Land Sales Act 1984. 19
127 Insertion of new s 5A 20
After section 5-- 21
Page 79
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 3 Amendment of Land Sales Act 1984
[s 128]
insert-- 1
`5A Relationship with Fair Trading Inspectors Act 2011 2
`(1) The Fair Trading Inspectors Act 2011 (the FTI Act) enacts 3
common provisions for this Act and particular other Acts 4
about fair trading. 5
`(2) Unless this Act otherwise provides in relation to the FTI Act, 6
the powers that an inspector has under that Act are in addition 7
to and do not limit any powers the inspector may have under 8
this Act. 9
`(3) In this section-- 10
inspector means a person who holds office under the FTI Act 11
as an inspector for this Act.'. 12
128 Amendment of s 6 (Definitions) 13
Section 6-- 14
insert-- 15
`disposal order see section 30D(2).'. 16
129 Replacement of pt 3A (Enforcement) 17
Part 3A-- 18
omit, insert-- 19
`Part 3A Forfeiture and disposal orders 20
`30 Forfeiture on conviction 21
`(1) On the conviction of a person for an offence against this Act, 22
the court may order the forfeiture to the State of-- 23
(a) anything used to commit the offence; or 24
(b) anything else the subject of the offence. 25
`(2) The court may make any order to enforce the forfeiture it 26
considers appropriate. 27
Page 80
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 3 Amendment of Land Sales Act 1984
[s 129]
`(3) This section does not limit the court's powers under another 1
law. 2
`30A Procedure and powers for making forfeiture order 3
`(1) A forfeiture order may be made on a conviction on the court's 4
initiative or on an application by the prosecution. 5
`(2) In deciding whether to make a forfeiture order for a thing, the 6
court-- 7
(a) may require notice to be given to anyone the court 8
considers appropriate, including, for example, any 9
person who may have any property in the thing; and 10
(b) must hear any submissions that any person claiming to 11
have any property in the thing may wish to make. 12
`30B When thing becomes property of the State 13
`A thing becomes the property of the State if-- 14
(a) the thing is forfeited to the State under a forfeiture 15
order; or 16
(b) the owner of the thing and the State agree, in writing, to 17
the transfer of the ownership of the thing to the State. 18
`30C How property may be dealt with 19
`(1) This section applies if, under section 30B, a thing becomes the 20
property of the State. 21
`(2) The chief executive may deal with the thing as the chief 22
executive considers appropriate, including, for example, by 23
destroying it or giving it away. 24
`(3) The chief executive must not deal with the thing in a way that 25
could prejudice the outcome of an appeal against the 26
forfeiture under this Act. 27
Page 81
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 3 Amendment of Land Sales Act 1984
[s 129]
`(4) If the chief executive sells the thing, the chief executive may, 1
after deducting the costs of the sale, return the proceeds of the 2
sale to the person who was the thing's owner immediately 3
before the thing became the property of the State. 4
`(5) This section is subject to any disposal order made for the 5
thing. 6
`30D Disposal order 7
`(1) This section applies if a person is convicted of an offence 8
against this Act. 9
`(2) The court may make an order (a disposal order), on its own 10
initiative or on an application by the prosecution, for the 11
disposal of any of the following things owned by the person-- 12
(a) anything that was the subject of, or used to commit, the 13
offence; 14
(b) another thing the court considers is likely to be used by 15
the person or another person in committing a further 16
offence against this Act. 17
`(3) In deciding whether to make a disposal order for a thing, the 18
court-- 19
(a) may require notice to be given to anyone the court 20
considers appropriate, including, for example, any 21
person who may have any property in the thing; and 22
(b) must hear any submissions that any person claiming to 23
have any property in the thing may wish to make. 24
`(4) The court may make any order to enforce the disposal order 25
that it considers appropriate. 26
`(5) This section does not limit the court's powers under another 27
law.'. 28
Page 82
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 4 Amendment of Manufactured Homes (Residential Parks) Act 2003
[s 130]
Part 4 Amendment of Manufactured 1
Homes (Residential Parks) Act 2
2003 3
130 Act amended 4
This part amends the Manufactured Homes (Residential 5
Parks) Act 2003. 6
131 Amendment of pt 1, div 2, hdg (Objects) 7
Part 1, division 2, heading, after `Objects'-- 8
insert-- 9
`of Act and relationship with FTI Act'. 10
132 Insertion of new s 4A 11
Part 1, division 2-- 12
insert-- 13
`4A Relationship with Fair Trading Inspectors Act 2011 14
`(1) The Fair Trading Inspectors Act 2011 (the FTI Act) enacts 15
common provisions for this Act and particular other Acts 16
about fair trading. 17
`(2) Unless this Act otherwise provides in relation to the FTI Act, 18
the powers that an inspector has under that Act are in addition 19
to and do not limit any powers the inspector may have under 20
this Act. 21
`(3) In this section-- 22
inspector means a person who holds office under the FTI Act 23
as an inspector for this Act. 24
Note-- 25
See also the modifying provisions for this Act stated in the FTI Act, 26
schedule 1.'. 27
Page 83
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 4 Amendment of Manufactured Homes (Residential Parks) Act 2003
[s 133]
133 Replacement of pts 16 and 17 1
Parts 16 and 17-- 2
omit, insert-- 3
`Part 16 Forfeiture and disposal orders 4
`104 Forfeiture on conviction 5
`(1) On the conviction of a person for an offence against this Act, 6
the court may order the forfeiture to the State of-- 7
(a) anything used to commit the offence; or 8
(b) anything else the subject of the offence. 9
`(2) The court may make any order to enforce the forfeiture it 10
considers appropriate. 11
`(3) This section does not limit the court's powers under another 12
law. 13
`105 Procedure and powers for making forfeiture order 14
`(1) A forfeiture order may be made on a conviction on the court's 15
initiative or on an application by the prosecution. 16
`(2) In deciding whether to make a forfeiture order for a thing, the 17
court-- 18
(a) may require notice to be given to anyone the court 19
considers appropriate, including, for example, any 20
person who may have any property in the thing; and 21
(b) must hear any submissions that any person claiming to 22
have any property in the thing may wish to make. 23
`106 When thing becomes property of the State 24
`A thing becomes the property of the State if-- 25
(a) the thing is forfeited to the State under a forfeiture 26
order; or 27
Page 84
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 4 Amendment of Manufactured Homes (Residential Parks) Act 2003
[s 133]
(b) the owner of the thing and the State agree, in writing, to 1
the transfer of the ownership of the thing to the State. 2
`107 How property may be dealt with 3
`(1) This section applies if, under section 106, a thing becomes the 4
property of the State. 5
`(2) The chief executive may deal with the thing as the chief 6
executive considers appropriate, including, for example, by 7
destroying it or giving it away. 8
`(3) The chief executive must not deal with the thing in a way that 9
could prejudice the outcome of an appeal against the 10
forfeiture under this Act. 11
`(4) If the chief executive sells the thing, the chief executive may, 12
after deducting the costs of the sale, return the proceeds of the 13
sale to the person who was the thing's owner immediately 14
before the thing became the property of the State. 15
`(5) This section is subject to any disposal order made for the 16
thing. 17
`108 Disposal order 18
`(1) This section applies if a person is convicted of an offence 19
against this Act. 20
`(2) The court may make an order (a disposal order), on its own 21
initiative or on an application by the prosecution, for the 22
disposal of any of the following things owned by the person-- 23
(a) anything that was the subject of, or used to commit, the 24
offence; 25
(b) another thing the court considers is likely to be used by 26
the person or another person in committing a further 27
offence against this Act. 28
`(3) In deciding whether to make a disposal order for a thing, the 29
court-- 30
Page 85
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 4 Amendment of Manufactured Homes (Residential Parks) Act 2003
[s 134]
(a) may require notice to be given to anyone the court 1
considers appropriate, including, for example, any 2
person who may have any property in the thing; and 3
(b) must hear any submissions that any person claiming to 4
have any property in the thing may wish to make. 5
`(4) The court may make any order to enforce the disposal order 6
that it considers appropriate. 7
`(5) This section does not limit the court's powers under another 8
law.'. 9
134 Amendment of s 134 (Appointments and authority) 10
Section 134(1)(b) and (c)-- 11
omit, insert-- 12
`(b) the authority of the chief executive to do anything under 13
this Act.'. 14
135 Amendment of s 143 (Protection from liability) 15
(1) Section 143(1), `An official'-- 16
omit, insert-- 17
`The chief executive'. 18
(2) Section 143(2), `an official'-- 19
omit, insert-- 20
`the chief executive'. 21
(3) Section 143(3)-- 22
omit. 23
136 Amendment of schedule (Dictionary) 24
(1) Schedule, definition inspector-- 25
omit. 26
Page 86
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 5 Amendment of Residential Services (Accreditation) Act 2002
[s 137]
(2) Schedule-- 1
insert-- 2
`disposal order see section 108(2). 3
FTI Act see section 4A(1)'. 4
Part 5 Amendment of Residential 5
Services (Accreditation) Act 6
2002 7
137 Act amended 8
This part amends the Residential Services (Accreditation) Act 9
2002. 10
138 Insertion of new s 2A 11
Part 1, division 1-- 12
insert-- 13
`2A Relationship with Fair Trading Inspectors Act 2011 14
`(1) The Fair Trading Inspectors Act 2011 (the FTI Act) enacts 15
common provisions for this Act and particular other Acts 16
about fair trading. 17
`(2) Unless this Act otherwise provides in relation to the FTI Act, 18
the powers that an inspector has under that Act are in addition 19
to and do not limit any powers the inspector may have under 20
this Act. 21
`(3) In this section-- 22
inspector means a person who holds office under the FTI Act 23
as an inspector for this Act. 24
Page 87
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 5 Amendment of Residential Services (Accreditation) Act 2002
[s 139]
Note-- 1
See also the modifying provisions for this Act stated in the FTI Act, 2
schedule 1.'. 3
139 Replacement of pt 8 (Investigation and enforcement) 4
Part 8, other than section 139-- 5
omit, insert-- 6
`Part 8 Forfeiture and disposal orders 7
`105 Forfeiture on conviction 8
`(1) On the conviction of a person for an offence against this Act, 9
the court may order the forfeiture to the State of-- 10
(a) anything used to commit the offence; or 11
(b) anything else the subject of the offence. 12
`(2) The court may make any order to enforce the forfeiture it 13
considers appropriate. 14
`(3) This section does not limit the court's powers under another 15
law. 16
`106 Procedure and powers for making forfeiture order 17
`(1) A forfeiture order may be made on a conviction on the court's 18
initiative or on an application by the prosecution. 19
`(2) In deciding whether to make a forfeiture order for a thing, the 20
court-- 21
(a) may require notice to be given to anyone the court 22
considers appropriate, including, for example, any 23
person who may have any property in the thing; and 24
(b) must hear any submissions that any person claiming to 25
have any property in the thing may wish to make. 26
Page 88
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 5 Amendment of Residential Services (Accreditation) Act 2002
[s 139]
`107 When thing becomes property of the State 1
`A thing becomes the property of the State if-- 2
(a) the thing is forfeited to the State under a forfeiture 3
order; or 4
(b) the owner of the thing and the State agree, in writing, to 5
the transfer of the ownership of the thing to the State. 6
`108 How property may be dealt with 7
`(1) This section applies if, under section 107, a thing becomes the 8
property of the State. 9
`(2) The chief executive may deal with the thing as the chief 10
executive considers appropriate, including, for example, by 11
destroying it or giving it away. 12
`(3) The chief executive must not deal with the thing in a way that 13
could prejudice the outcome of an appeal against the 14
forfeiture under this Act. 15
`(4) If the chief executive sells the thing, the chief executive may, 16
after deducting the costs of the sale, return the proceeds of the 17
sale to the person who was the thing's owner immediately 18
before the thing became the property of the State. 19
`(5) This section is subject to any disposal order made for the 20
thing. 21
`109 Disposal order 22
`(1) This section applies if a person is convicted of an offence 23
against this Act. 24
`(2) The court may make an order (a disposal order), on its own 25
initiative or on an application by the prosecution, for the 26
disposal of any of the following things owned by the person-- 27
(a) anything that was the subject of, or used to commit, the 28
offence; 29
Page 89
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 5 Amendment of Residential Services (Accreditation) Act 2002
[s 140]
(b) another thing the court considers is likely to be used by 1
the person or another person in committing a further 2
offence against this Act. 3
`(3) In deciding whether to make a disposal order for a thing, the 4
court-- 5
(a) may require notice to be given to anyone the court 6
considers appropriate, including, for example, any 7
person who may have any property in the thing; and 8
(b) must hear any submissions that any person claiming to 9
have any property in the thing may wish to make. 10
`(4) The court may make any order to enforce the disposal order 11
that it considers appropriate. 12
`(5) This section does not limit the court's powers under another 13
law. 14
`110 Procedure and powers for making disposal order 15
`(1) A disposal order may be made on the court's initiative or on 16
an application by or for the prosecution. 17
`(2) In deciding whether to make a disposal order for a thing, the 18
court-- 19
(a) may require notice to be given to anyone the court 20
considers appropriate, including, for example, any 21
person who may have any property in the thing; and 22
(b) must hear any submissions that any person claiming to 23
have any property in the thing may wish to make.'. 24
140 Relocation and renumbering of s 139 (Alteration of 25
certificates) 26
Section 139-- 27
relocate and renumber as section 82A. 28
Page 90
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 5 Amendment of Residential Services (Accreditation) Act 2002
[s 141]
141 Amendment of s 165 (Appointments and authority) 1
Section 165, `, an associated accreditation officer or an 2
authorised officer, or the authority of the chief executive or an 3
authorised officer'-- 4
omit, insert-- 5
`or an associated accreditation officer, or the authority of the 6
chief executive'. 7
142 Amendment of s 166 (Signatures) 8
Section 166, `or an authorised officer'-- 9
omit. 10
143 Amendment of s 167 (Other evidentiary aids) 11
Section 167(f), `residential service, associated accreditation 12
officer or authorised officer'-- 13
omit, insert-- 14
`residential service or as an associated accreditation officer'. 15
144 Amendment of s 180 (Confidentiality) 16
Section 180(1)(a), `, an associated accreditation officer or an 17
authorised officer'-- 18
omit, insert-- 19
`or an associated accreditation officer'. 20
145 Amendment of s 182 (Protection from liability) 21
Section 182(3), definition official, paragraphs (d) and (e)-- 22
omit, insert-- 23
`(d) a person acting under the direction of the chief 24
executive.'. 25
Page 91
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 6 Amendment of Retirement Villages Act 1999
[s 146]
146 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definition authorised officer-- 2
omit. 3
(2) Schedule 2-- 4
insert-- 5
`disposal order see section 109(2).'. 6
Part 6 Amendment of Retirement 7
Villages Act 1999 8
147 Act amended 9
This part amends the Retirement Villages Act 1999. 10
148 Amendment of pt 1, div 2, hdg (Objects) 11
Part 1, division 2, heading, after `Objects'-- 12
insert-- 13
`of Act and relationship with FTI Act'. 14
149 Insertion of new s 3A 15
Part 1, division 2-- 16
insert-- 17
`3A Relationship with Fair Trading Inspectors Act 2011 18
`(1) The Fair Trading Inspectors Act 2011 (the FTI Act) enacts 19
common provisions for this Act and particular other Acts 20
about fair trading. 21
`(2) Unless this Act otherwise provides in relation to the FTI Act, 22
the powers that an inspector has under that Act are in addition 23
Page 92
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 6 Amendment of Retirement Villages Act 1999
[s 150]
to and do not limit any powers the inspector may have under 1
this Act. 2
`(3) In this section-- 3
inspector means a person who holds office under the FTI Act 4
as an inspector for this Act. 5
Note-- 6
See also the modifying provisions for this Act stated in the FTI Act, 7
schedule 1.'. 8
150 Replacement of pt 8 (Enforcement) 9
Part 8-- 10
omit, insert-- 11
`Part 8 Forfeiture and disposal orders 12
`134 Forfeiture on conviction 13
`(1) On the conviction of a person for an offence against this Act, 14
the court may order the forfeiture to the State of-- 15
(a) anything used to commit the offence; or 16
(b) anything else the subject of the offence. 17
`(2) The court may make any order to enforce the forfeiture it 18
considers appropriate. 19
`(3) This section does not limit the court's powers under another 20
law. 21
`135 Procedure and powers for making forfeiture order 22
`(1) A forfeiture order may be made on a conviction on the court's 23
initiative or on an application by the prosecution. 24
`(2) In deciding whether to make a forfeiture order for a thing, the 25
court-- 26
Page 93
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 6 Amendment of Retirement Villages Act 1999
[s 150]
(a) may require notice to be given to anyone the court 1
considers appropriate, including, for example, any 2
person who may have any property in the thing; and 3
(b) must hear any submissions that any person claiming to 4
have any property in the thing may wish to make. 5
`136 When thing becomes property of the State 6
`A thing becomes the property of the State if-- 7
(a) the thing is forfeited to the State under a forfeiture 8
order; or 9
(b) the owner of the thing and the State agree, in writing, to 10
the transfer of the ownership of the thing to the State. 11
`137 How property may be dealt with 12
`(1) This section applies if, under section 136, a thing becomes the 13
property of the State. 14
`(2) The chief executive may deal with the thing as the chief 15
executive considers appropriate, including, for example, by 16
destroying it or giving it away. 17
`(3) The chief executive must not deal with the thing in a way that 18
could prejudice the outcome of an appeal against the 19
forfeiture under this Act. 20
`(4) If the chief executive sells the thing, the chief executive may, 21
after deducting the costs of the sale, return the proceeds of the 22
sale to the person who was the thing's owner immediately 23
before the thing became the property of the State. 24
`(5) This section is subject to any disposal order made for the 25
thing. 26
`138 Disposal order 27
`(1) This section applies if a person is convicted of an offence 28
against this Act. 29
Page 94
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 6 Amendment of Retirement Villages Act 1999
[s 151]
`(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) In deciding whether to make a disposal order for a thing, the 9
court-- 10
(a) may require notice to be given to anyone the court 11
considers appropriate, including, for example, any 12
person who may have any property in the thing; and 13
(b) must hear any submissions that any person claiming to 14
have any property in the thing may wish to make. 15
`(4) The court may make any order to enforce the disposal order 16
that it considers appropriate. 17
`(5) This section does not limit the court's powers under another 18
law.'. 19
151 Amendment of s 220 (Appointments and authority) 20
Section 220(1)(c) and (d)-- 21
omit, insert-- 22
`(c) the authority of the chief executive or the registrar to do 23
anything under this Act.'. 24
152 Amendment of s 221 (Evidentiary provisions) 25
Section 221(2), `or an inspector'-- 26
omit. 27
Page 95
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 7 Amendment of Second-hand Dealers and Pawnbrokers Act 2003
[s 153]
153 Amendment of schedule (Dictionary) 1
Schedule-- 2
insert-- 3
`disposal order see section 138(2). 4
FTI Act see section 3A(1).'. 5
Part 7 Amendment of Second-hand 6
Dealers and Pawnbrokers Act 7
2003 8
154 Act amended 9
This part amends the Second-hand Dealers and Pawnbrokers 10
Act 2003. 11
155 Insertion of new s 3A 12
Part 1-- 13
insert-- 14
`3A Relationship with Fair Trading Inspectors Act 2011 15
`(1) The Fair Trading Inspectors Act 2011 (the FTI Act) enacts 16
common provisions for this Act and particular other Acts 17
about fair trading. 18
`(2) Unless this Act otherwise provides in relation to the FTI Act, 19
the powers that an inspector has under that Act are in addition 20
to and do not limit any powers the inspector has under this 21
Act.'. 22
156 Replacement of pt 5 (Enforcement) 23
Part 5-- 24
Page 96
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 7 Amendment of Second-hand Dealers and Pawnbrokers Act 2003
[s 156]
omit, insert-- 1
`Part 5 Forfeiture and disposal orders 2
`75 Forfeiture on conviction 3
`(1) On the conviction of a person for an offence against this Act, 4
the court may order the forfeiture to the State of-- 5
(a) anything used to commit the offence; or 6
(b) anything else the subject of the offence. 7
`(2) The court may make any order to enforce the forfeiture it 8
considers appropriate. 9
`(3) This section does not limit the court's powers under another 10
law. 11
`76 Procedure and powers for making forfeiture order 12
`(1) A forfeiture order may be made on a conviction on the court's 13
initiative or on an application by the prosecution. 14
`(2) In deciding whether to make a forfeiture order for a thing, the 15
court-- 16
(a) may require notice to be given to anyone the court 17
considers appropriate, including, for example, any 18
person who may have any property in the thing; and 19
(b) must hear any submissions that any person claiming to 20
have any property in the thing may wish to make. 21
`77 When thing becomes property of the State 22
`A thing becomes the property of the State if-- 23
(a) the thing is forfeited to the State under a forfeiture 24
order; or 25
(b) the owner of the thing and the State agree, in writing, to 26
the transfer of the ownership of the thing to the State. 27
Page 97
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 7 Amendment of Second-hand Dealers and Pawnbrokers Act 2003
[s 156]
`78 How property may be dealt with 1
`(1) This section applies if, under section 77, a thing becomes the 2
property of the State. 3
`(2) The chief executive may deal with the thing as the chief 4
executive considers appropriate, including, for example, by 5
destroying it or giving it away. 6
`(3) The chief executive must not deal with the thing in a way that 7
could prejudice the outcome of an appeal against the 8
forfeiture under this Act. 9
`(4) If the chief executive sells the thing, the chief executive may, 10
after deducting the costs of the sale, return the proceeds of the 11
sale to the person who was the thing's owner immediately 12
before the thing became the property of the State. 13
`(5) This section is subject to any disposal order made for the 14
thing. 15
`79 Disposal order 16
`(1) This section applies if a person is convicted of an offence 17
against this Act. 18
`(2) The court may make an order (a disposal order), on its own 19
initiative or on an application by the prosecution, for the 20
disposal of any of the following things owned by the person-- 21
(a) anything that was the subject of, or used to commit, the 22
offence; 23
(b) another thing the court considers is likely to be used by 24
the person or another person in committing a further 25
offence against this Act. 26
`(3) In deciding whether to make a disposal order for a thing, the 27
court-- 28
(a) may require notice to be given to anyone the court 29
considers appropriate, including, for example, any 30
person who may have any property in the thing; and 31
Page 98
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 7 Amendment of Second-hand Dealers and Pawnbrokers Act 2003
[s 157]
(b) must hear any submissions that any person claiming to 1
have any property in the thing may wish to make. 2
`(4) The court may make any order to enforce the disposal order 3
that it considers appropriate. 4
`(5) This section does not limit the court's powers under another 5
law.'. 6
157 Amendment of s 96 (False or misleading information) 7
Section 96(1) and (2)(a), `authorised officer'-- 8
omit, insert-- 9
`inspector'. 10
158 Omission of s 97 (Obstruction of authorised officers) 11
Section 97-- 12
omit. 13
159 Amendment of s 103 (Authorised officer may prosecute) 14
(1) Section 103, heading, `Authorised officer'-- 15
omit, insert-- 16
`Inspector'. 17
(2) Section 103, `authorised officer'-- 18
omit, insert-- 19
`inspector'. 20
160 Amendment of s 104 (Evidence) 21
(1) Section 104(4), `authorised officer'-- 22
omit, insert-- 23
`inspector'. 24
Page 99
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 8 Amendment of Security Providers Act 1993
[s 161]
(2) Section 104(6), definition official, paragraph (c)-- 1
omit, insert-- 2
`(c) an inspector.'. 3
161 Amendment of s 113 (Officials not civilly liable) 4
Section 113(3), definition official, paragraph (b)-- 5
omit, insert-- 6
`(b) an inspector; or'. 7
162 Amendment of sch 3 (Dictionary) 8
(1) Schedule 3, definition authorised officer-- 9
omit. 10
(2) Schedule 3-- 11
insert-- 12
`disposal order see section 79(2). 13
FTI Act see section 3A(1). 14
inspector means a person who holds office under the FTI Act 15
as an inspector for this Act.'. 16
Part 8 Amendment of Security 17
Providers Act 1993 18
163 Act amended 19
This part amends the Security Providers Act 1993. 20
Page 100
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 8 Amendment of Security Providers Act 1993
[s 164]
164 Insertion of new s 2A 1
After section 2-- 2
insert-- 3
`2A Relationship with Fair Trading Inspectors Act 2011 4
`(1) The Fair Trading Inspectors Act 2011 (the FTI Act) enacts 5
common provisions for this Act and particular other Acts 6
about fair trading. 7
`(2) Unless this Act otherwise provides in relation to the FTI Act, 8
the powers that an inspector has under that Act are in addition 9
to and do not limit any powers the inspector may have under 10
this Act. 11
`(3) In this section-- 12
inspector means a person who holds office under the FTI Act 13
as an inspector for this Act.'. 14
165 Replacement of s 25A (Production of licence) 15
Section 25A-- 16
omit, insert-- 17
`25A Production of licence 18
`(1) This section applies if-- 19
(a) a licensee is not wearing the prescribed identification 20
when carrying out a function of a security provider; and 21
(b) a person with whom the licensee is dealing when 22
carrying out the function asks to inspect the licensee's 23
licence. 24
`(2) The licensee must produce the licensee's licence for 25
inspection. 26
Maximum penalty--20 penalty units.'. 27
166 Replacement of pt 3 (Inspectors) 28
Part 3, other than section 44-- 29
Page 101
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 8 Amendment of Security Providers Act 1993
[s 166]
omit, insert-- 1
`Part 3 Forfeiture and disposal orders 2
`32 Forfeiture on conviction 3
`(1) On the conviction of a person for an offence against this Act, 4
the court may order the forfeiture to the State of-- 5
(a) anything used to commit the offence; or 6
(b) anything else the subject of the offence. 7
`(2) The court may make any order to enforce the forfeiture it 8
considers appropriate. 9
`(3) This section does not limit the court's powers under another 10
law. 11
`33 Procedure and powers for making forfeiture order 12
`(1) A forfeiture order may be made on a conviction on the court's 13
initiative or on an application by the prosecution. 14
`(2) In deciding whether to make a forfeiture order for a thing, the 15
court-- 16
(a) may require notice to be given to anyone the court 17
considers appropriate, including, for example, any 18
person who may have any property in the thing; and 19
(b) must hear any submissions that any person claiming to 20
have any property in the thing may wish to make. 21
`34 When thing becomes property of the State 22
`A thing becomes the property of the State if-- 23
(a) the thing is forfeited to the State under a forfeiture 24
order; or 25
(b) the owner of the thing and the State agree, in writing, to 26
the transfer of the ownership of the thing to the State. 27
Page 102
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 8 Amendment of Security Providers Act 1993
[s 166]
`35 How property may be dealt with 1
`(1) This section applies if, under section 34, a thing becomes the 2
property of the State. 3
`(2) The chief executive may deal with the thing as the chief 4
executive considers appropriate, including, for example, by 5
destroying it or giving it away. 6
`(3) The chief executive must not deal with the thing in a way that 7
could prejudice the outcome of an appeal against the 8
forfeiture under this Act. 9
`(4) If the chief executive sells the thing, the chief executive may, 10
after deducting the costs of the sale, return the proceeds of the 11
sale to the person who was the thing's owner immediately 12
before the thing became the property of the State. 13
`(5) This section is subject to any disposal order made for the 14
thing. 15
`36 Disposal order 16
`(1) This section applies if a person is convicted of an offence 17
against this Act. 18
`(2) The court may make an order (a disposal order), on its own 19
initiative or on an application by the prosecution, for the 20
disposal of any of the following things owned by the person-- 21
(a) anything that was the subject of, or used to commit, the 22
offence; 23
(b) another thing the court considers is likely to be used by 24
the person or another person in committing a further 25
offence against this Act. 26
`(3) In deciding whether to make a disposal order for a thing, the 27
court-- 28
(a) may require notice to be given to anyone the court 29
considers appropriate, including, for example, any 30
person who may have any property in the thing; and 31
Page 103
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 8 Amendment of Security Providers Act 1993
[s 167]
(b) must hear any submissions that any person claiming to 1
have any property in the thing may wish to make. 2
`(4) The court may make any order to enforce the disposal order 3
that it considers appropriate. 4
`(5) This section does not limit the court's powers under another 5
law.'. 6
167 Amendment, relocation and renumbering of s 44 (False or 7
misleading documents) 8
(1) Section 44(1), `or an inspector'-- 9
omit. 10
(2) Section 44(2), `or inspector'-- 11
omit. 12
(3) Section 44-- 13
relocate and renumber as section 49A. 14
168 Amendment of s 48 (Confidentiality of information) 15
Section 48(4)(c)-- 16
omit. 17
169 Replacement of s 49 (Protection from liability) 18
Section 49-- 19
omit, insert-- 20
`49 Protection from liability 21
`(1) An official does not incur civil liability for an act or omission 22
done honestly and without negligence under this Act. 23
`(2) A liability that would, apart from this section, attach to an 24
official attaches instead to the State. 25
`(3) In this section-- 26
Page 104
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 9 Amendment of Tourism Services Act 2003
[s 170]
official means-- 1
(a) the chief executive; or 2
(b) a public service employee.'. 3
170 Amendment of s 51 (Evidentiary provisions) 4
(1) Section 51(2)-- 5
omit. 6
(2) Section 51(3), `or an inspector'-- 7
omit. 8
(3) Section 51(3) and (4)-- 9
renumber as section 51(2) and (3). 10
171 Amendment of sch 2 (Dictionary) 11
(1) Schedule 2, definition inspector-- 12
omit. 13
(2) Schedule 2-- 14
insert-- 15
`disposal order see section 36(2).'. 16
Part 9 Amendment of Tourism 17
Services Act 2003 18
172 Act amended 19
This part amends the Tourism Services Act 2003. 20
Page 105
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 9 Amendment of Tourism Services Act 2003
[s 173]
173 Insertion of new s 6A 1
Part 1-- 2
insert-- 3
`6A Relationship with Fair Trading Inspectors Act 2011 4
`(1) The Fair Trading Inspectors Act 2011 (the FTI Act) enacts 5
common provisions for this Act and particular other Acts 6
about fair trading. 7
`(2) Unless this Act otherwise provides in relation to the FTI Act, 8
the powers that an inspector has under that Act are in addition 9
to and do not limit any powers the inspector may have under 10
this Act. 11
`(3) In this section-- 12
inspector means a person who holds office under the FTI Act 13
as an inspector for this Act. 14
Note-- 15
See also the modifying provisions for this Act stated in the FTI Act, 16
schedule 1.'. 17
174 Amendment of s 13 (Suitability for registration) 18
Section 13(3)(c), after `this Act,'-- 19
insert-- 20
`the FTI Act if the offence is in relation to a matter under this 21
Act,'. 22
175 Replacement of pt 6 (Investigation and enforcement) 23
Part 6-- 24
omit, insert-- 25
Page 106
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 9 Amendment of Tourism Services Act 2003
[s 175]
`Part 6 Forfeiture and disposal orders 1
`39 Forfeiture on conviction 2
`(1) On the conviction of a person for an offence against this Act, 3
the court may order the forfeiture to the State of-- 4
(a) anything used to commit the offence; or 5
(b) anything else the subject of the offence. 6
`(2) The court may make any order to enforce the forfeiture it 7
considers appropriate. 8
`(3) This section does not limit the court's powers under another 9
law. 10
`40 Procedure and powers for making forfeiture order 11
`(1) A forfeiture order may be made on a conviction on the court's 12
initiative or on an application by the prosecution. 13
`(2) In deciding whether to make a forfeiture order for a thing, the 14
court-- 15
(a) may require notice to be given to anyone the court 16
considers appropriate, including, for example, any 17
person who may have any property in the thing; and 18
(b) must hear any submissions that any person claiming to 19
have any property in the thing may wish to make. 20
`41 When thing becomes property of the State 21
`A thing becomes the property of the State if-- 22
(a) the thing is forfeited to the State under a forfeiture 23
order; or 24
(b) the owner of the thing and the State agree, in writing, to 25
the transfer of the ownership of the thing to the State. 26
Page 107
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 9 Amendment of Tourism Services Act 2003
[s 175]
`42 How property may be dealt with 1
`(1) This section applies if, under section 41, a thing becomes the 2
property of the State. 3
`(2) The chief executive may deal with the thing as the chief 4
executive considers appropriate, including, for example, by 5
destroying it or giving it away. 6
`(3) The chief executive must not deal with the thing in a way that 7
could prejudice the outcome of an appeal against the 8
forfeiture under this Act. 9
`(4) If the chief executive sells the thing, the chief executive may, 10
after deducting the costs of the sale, return the proceeds of the 11
sale to the person who was the thing's owner immediately 12
before the thing became the property of the State. 13
`(5) This section is subject to any disposal order made for the 14
thing. 15
`43 Disposal order 16
`(1) This section applies if a person is convicted of an offence 17
against this Act. 18
`(2) The court may make an order (a disposal order), on its own 19
initiative or on an application by the prosecution, for the 20
disposal of any of the following things owned by the person-- 21
(a) anything that was the subject of, or used to commit, the 22
offence; 23
(b) another thing the court considers is likely to be used by 24
the person or another person in committing a further 25
offence against this Act. 26
`(3) In deciding whether to make a disposal order for a thing, the 27
court-- 28
(a) may require notice to be given to anyone the court 29
considers appropriate, including, for example, any 30
person who may have any property in the thing; and 31
Page 108
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 9 Amendment of Tourism Services Act 2003
[s 176]
(b) must hear any submissions that any person claiming to 1
have any property in the thing may wish to make. 2
`(4) The court may make any order to enforce the disposal order 3
that it considers appropriate. 4
`(5) This section does not limit the court's powers under another 5
law.'. 6
176 Amendment of s 85 (Review by tribunal) 7
Section 85(3)-- 8
omit. 9
177 Amendment of s 88 (Evidence) 10
(1) Section 88(2)-- 11
omit. 12
(2) Section 88(3), `or an inspector'-- 13
omit. 14
(3) Section 88(3) and (4)-- 15
renumber as section 88(2) and (3). 16
178 Amendment of s 95 (Protecting officials from liability) 17
Section 95(3), definition official, paragraph (c)-- 18
omit. 19
179 Amendment of sch 2 (Dictionary) 20
(1) Schedule 2, definition inspector-- 21
omit. 22
(2) Schedule 2-- 23
insert-- 24
Page 109
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 10 Amendment of Travel Agents Act 1988
[s 180]
`disposal order see section 43(2). 1
FTI Act see section 6A(1).'. 2
Part 10 Amendment of Travel Agents 3
Act 1988 4
180 Act amended 5
This part amends the Travel Agents Act 1988. 6
181 Insertion of new s 4 7
After section 3-- 8
insert-- 9
`4 Relationship with Fair Trading Inspectors Act 2011 10
`(1) The Fair Trading Inspectors Act 2011 (the FTI Act) enacts 11
common provisions for this Act and particular other Acts 12
about fair trading. 13
`(2) Unless this Act otherwise provides in relation to the FTI Act, 14
the powers that an inspector has under that Act are in addition 15
to and do not limit any powers the inspector may have under 16
this Act. 17
`(3) In this section-- 18
inspector means a person who holds office under the FTI Act 19
as an inspector for this Act.'. 20
Note-- 21
See also the modifying provisions for this Act stated in the FTI Act, 22
schedule 1.'. 23
182 Amendment of s 6 (Definitions) 24
(1) Section 6, definitions authorised officer and inspector-- 25
Page 110
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 10 Amendment of Travel Agents Act 1988
[s 183]
omit. 1
(2) Section 6-- 2
insert-- 3
`disposal order see section 43E(2).'. 4
183 Insertion of new ss 43A-43E 5
Part 6-- 6
insert-- 7
`43A Forfeiture on conviction 8
`(1) On the conviction of a person for an offence against this Act, 9
the court may order the forfeiture to the State of-- 10
(a) anything used to commit the offence; or 11
(b) anything else the subject of the offence. 12
`(2) The court may make any order to enforce the forfeiture it 13
considers appropriate. 14
`(3) This section does not limit the court's powers under another 15
law. 16
`43B Procedure and powers for making forfeiture order 17
`(1) A forfeiture order may be made on a conviction on the court's 18
initiative or on an application by the prosecution. 19
`(2) In deciding whether to make a forfeiture order for a thing, the 20
court-- 21
(a) may require notice to be given to anyone the court 22
considers appropriate, including, for example, any 23
person who may have any property in the thing; and 24
(b) must hear any submissions that any person claiming to 25
have any property in the thing may wish to make. 26
Page 111
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 10 Amendment of Travel Agents Act 1988
[s 183]
`43C When thing becomes property of the State 1
`A thing becomes the property of the State if-- 2
(a) the thing is forfeited to the State under a forfeiture 3
order; or 4
(b) the owner of the thing and the State agree, in writing, to 5
the transfer of the ownership of the thing to the State. 6
`43D How property may be dealt with 7
`(1) This section applies if, under section 43C, a thing becomes the 8
property of the State. 9
`(2) The chief executive may deal with the thing as the chief 10
executive considers appropriate, including, for example, by 11
destroying it or giving it away. 12
`(3) The chief executive must not deal with the thing in a way that 13
could prejudice the outcome of an appeal against the 14
forfeiture under this Act. 15
`(4) If the chief executive sells the thing, the chief executive may, 16
after deducting the costs of the sale, return the proceeds of the 17
sale to the person who was the thing's owner immediately 18
before the thing became the property of the State. 19
`(5) This section is subject to any disposal order made for the 20
thing. 21
`43E Disposal order 22
`(1) This section applies if a person is convicted of an offence 23
against this Act. 24
`(2) The court may make an order (a disposal order), on its own 25
initiative or on an application by the prosecution, for the 26
disposal of any of the following things owned by the person-- 27
(a) anything that was the subject of, or used to commit, the 28
offence; 29
Page 112
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 10 Amendment of Travel Agents Act 1988
[s 184]
(b) another thing the court considers is likely to be used by 1
the person or another person in committing a further 2
offence against this Act. 3
`(3) In deciding whether to make a disposal order for a thing, the 4
court-- 5
(a) may require notice to be given to anyone the court 6
considers appropriate, including, for example, any 7
person who may have any property in the thing; and 8
(b) must hear any submissions that any person claiming to 9
have any property in the thing may wish to make. 10
`(4) The court may make any order to enforce the disposal order 11
that it considers appropriate. 12
`(5) This section does not limit the court's powers under another 13
law.'. 14
184 Omission of ss 45-45J 15
Sections 45 to 45J-- 16
omit. 17
185 Omission of s 47 (Investigations) 18
Section 47-- 19
omit. 20
186 Amendment of s 50 (False or misleading information or 21
documents) 22
(1) Section 50(1), (2) and (3), `or an inspector'-- 23
omit. 24
(2) Section 50(4), `or the inspector'-- 25
omit. 26
Page 113
Fair Trading Inspectors Bill 2011
Chapter 6 Amendment of Acts
Part 10 Amendment of Travel Agents Act 1988
[s 187]
187 Replacement of s 54 (Proceedings for offences) 1
Section 54-- 2
omit, insert-- 3
`54 Offences under Act are summary 4
`(1) An offence against this Act is a summary offence. 5
`(2) A proceeding for an offence against this Act must start within 6
the later of the following periods to end-- 7
(a) 1 year after the commission of the offence; 8
(b) 6 months after the offence comes to the complainant's 9
knowledge but within 2 years after the commission of 10
the offence.'. 11
188 Amendment of s 56 (Evidence) 12
(1) Section 56(a), from `commissioner'-- 13
omit, insert-- 14
`commissioner;'. 15
(2) Section 56(b), `or an inspector'-- 16
omit. 17
Page 114
Fair Trading Inspectors Bill 2011
Schedule 1
Schedule 1 Modifying provisions 1
section 5 2
Manufactured Homes (Residential Parks) Act 2003 3
1 References to occupier of a place 4
(1) This section modifies schedule 2, definition occupier, of a 5
place. 6
(2) Without limiting who may be an occupier under the 7
definition, the park owner for a residential park is an occupier 8
of the residential park, other than any part of the park that is a 9
home owner's manufactured home or the site on which it is 10
positioned. 11
2 Power to enter particular place 12
The power for an inspector to enter a place under section 13
17(1)(d) includes the power to enter a place (other than a part 14
of the place where a person resides) that is an office or other 15
place for administering or managing a residential park for 16
which site agreements are in force, and that is-- 17
(a) open for carrying on the business of the park; or 18
(b) otherwise open for entry. 19
Residential Services (Accreditation) Act 2002 20
1 References to occupier of a place 21
(1) This section modifies schedule 2, definition occupier, of a 22
place. 23
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(2) Without limiting who may be an occupier under the 1
definition, the service provider for a residential service is an 2
occupier of premises in which the residential service is being 3
conducted, other than any part of the premises that is occupied 4
by a person as the person's place of residence. 5
2 Preservation of privacy 6
(1) If an inspector enters a private residence under section 7
17(1)(a) or (c), the inspector must preserve, as far as 8
practicable, the privacy of anyone living at the residence. 9
(2) In this section-- 10
private residence includes a room in registered premises 11
occupied by a person as the person's place of residence. 12
Retirement Villages Act 1999 13
1 Power to enter particular place 14
The power for an inspector to enter a place under section 15
17(1)(d) includes the power to enter a place (other than a part 16
of the place where a person resides) that is an office or other 17
place for administering or managing a retirement village and 18
that is-- 19
(a) open for carrying on the business of the retirement 20
village; or 21
(b) otherwise open for entry. 22
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Tourism Services Act 2003 1
1 Power to enter place where business records are located 2
Section 17(1) is taken to include a power for an inspector to 3
enter a place if the inspector reasonably believes that records 4
relating to carrying on the business of an inbound tour 5
operator, or business as a tour guide, are kept at the place and 6
the place is open for carrying on business or otherwise open 7
for entry. 8
2 Limitation on power to seize 9
(1) This section applies to seizure of a thing under section 36 or 10
37. 11
(2) An inspector must not seize the thing if the inspector knows or 12
suspects it is the property, or in the possession, of a tourist. 13
3 Offence includes a relevant contravention in particular 14
circumstances 15
In sections 23, 28, 36, 37, 46, 55 and 67 a reference to an 16
offence against a primary Act is taken to include a reference 17
to a relevant contravention. 18
Travel Agents Act 1988 19
1 Power to require production of document and statement 20
about document 21
(1) This section applies to the power for an inspector to make a 22
document production requirement under section 57(1) in 23
relation to a document that is not written in the English 24
language or is not decipherable on sight. 25
(2) Compliance with the document production requirement 26
requires making available for inspection by an inspector, or 27
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producing to the inspector for inspection, in addition to the 1
document, a statement, written in the English language and 2
decipherable on sight, containing the whole of the information 3
in the document. 4
(3) This section does not limit section 57. 5
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Schedule 2
Schedule 2 Dictionary 1
section 6 2
approved form means a form approved by the chief executive 3
under section 93. 4
court means a Magistrates Court. 5
document certification requirement see section 57(6). 6
document production requirement see section 57(2). 7
electronic document means a document of a type under the 8
Acts Interpretation Act 1954, section 36, definition document, 9
paragraph (c). 10
former owner see section 48(1). 11
general power see section 33(1). 12
help requirement see section 34(1). 13
identity card, for a provision about inspectors, means an 14
identity card issued under section 12(1). 15
information notice, about a decision, means a notice stating 16
the following-- 17
(a) the decision; 18
(b) the reasons for it; 19
(c) that the person to whom the notice is given may apply to 20
the chief executive for a review of the decision within 20 21
business days after the person receives the notice; 22
(d) how to apply for a review. 23
information requirement see section 60(3). 24
inspector means a person who holds office under chapter 2, 25
part 1 as an inspector for a primary Act. 26
modifying provisions see section 5(1). 27
notice means a written notice. 28
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occupier, of a place, includes the following-- 1
(a) if there is more than 1 person who apparently occupies 2
the place--any 1 of the persons; 3
(b) any person at the place who is apparently acting with the 4
authority of a person who apparently occupies the place; 5
(c) if no-one apparently occupies the place--any person 6
who is an owner of the place. 7
of, a place, includes at or on the place. 8
offence warning, for a direction or requirement by an 9
inspector, means a warning that, without a reasonable excuse, 10
it is an offence for the person to whom the direction or 11
requirement is made not to comply with it. 12
original decision see section 76(1)(a). 13
owner, for a thing that has been seized under this Act, 14
includes a person who would be entitled to possession of the 15
thing had it not been seized. 16
personal details requirement see section 55(5). 17
person in control-- 18
(a) of a vehicle, includes-- 19
(i) the vehicle's driver or rider; and 20
(ii) anyone who reasonably appears to be, claims to be, 21
or acts as if he or she is, the vehicle's driver or rider 22
or the person in control of the vehicle; or 23
(b) of another thing, includes anyone who reasonably 24
appears to be, claims to be, or acts as if he or she is, the 25
person in possession or control of the thing. 26
place includes the following-- 27
(a) premises; 28
(b) vacant land; 29
(c) a place in Queensland waters; 30
(d) a place held under more than 1 title or by more than 1 31
owner; 32
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(e) the land or water where a building or structure, or a 1
group of buildings or structures, is situated. 2
premises includes-- 3
(a) a building or other structure; and 4
(b) a part of a building or other structure; and 5
(c) a caravan or vehicle; and 6
(d) a cave or tent; and 7
(e) premises held under more than 1 title or by more than 1 8
owner. 9
primary Act-- 10
(a) generally--see section 4(1); or 11
(b) in relation to a particular inspector--means a primary 12
Act for which the inspector is appointed; or 13
(c) in relation to the exercise of a power by an 14
inspector--means a primary Act for which the inspector 15
is exercising the power. 16
public place means-- 17
(a) a place, or part of the place-- 18
(i) the public is entitled to use, is open to members of 19
the public or is used by the public, whether or not 20
on payment of money; or 21
Examples of a place that may be a public place under 22
subparagraph (i)-- 23
a beach, a park, a road 24
(ii) the occupier of which allows, whether or not on 25
payment of money, members of the public to enter; 26
or 27
Examples of a place that may be a public place under 28
subparagraph (ii)-- 29
a saleyard, a showground 30
(b) a place that is a public place under another Act. 31
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reasonably believes means believes on grounds that are 1
reasonable in the circumstances. 2
reasonably suspects means suspects on grounds that are 3
reasonable in the circumstances. 4
review decision see section 76(1)(b). 5
review notice day see section 76(2)(a). 6
vehicle-- 7
(a) means a vehicle under the Transport Operations (Road 8
Use Management) Act 1995; and 9
(b) includes a vessel under that Act. 10
© State of Queensland 2011
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