JUSTICE LEGISLATION AMENDMENT BILL 2008

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JUSTICE LEGISLATION AMENDMENT BILL 2008

Queensland Justice Legislation Amendment Bill 2008

Queensland Justice Legislation Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Classification of Computer Games and Images Act 1995 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Replacement of s 8 (Appeal to appeal body against classification of computer game) . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Review by CCT of classification decision . . . . . . . . . . 7 5 Amendment of s 8B (Obtaining copies for review) . . . . . . . . . . . . 7 6 Amendment of s 12 (Advertisement to contain determined markings and consumer advice) . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 13A (Prohibition against advertising certain computer games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 16 (Classified computer games containing advertisements for other computer games) . . . . . . . . . . . . . . . . . 8 9 Replacement of pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 3 Review by CCT of decision about approval of entity and exemption 60 Review by CCT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Omission of s 61 (Appeal procedure). . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s 67 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Replacement of pt 9, hdg (Transitional provision for Tourism, Fair Trading and Wine Industry Development Legislation Amendment Act 2005) . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Insertion of new pt 9, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2 Justice Legislation Amendment Act 2008 71 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 72 Existing appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 73 Existing entitlements to appeal. . . . . . . . . . . . . . . . . . 10

Justice Legislation Amendment Bill 2008 Contents 74 Existing proceedings for offences relating to advertisements for computer games . . . . . . . . . . . . . 11 14 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 11 Part 3 Amendment of Classification of Films Act 1991 15 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Insertion of new s 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3B Treatment of single device consisting only of classified films . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Amendment of s 21 (Prohibition against exhibition of certain films in public places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Amendment of s 21A (Classified films--exhibiting advertisements for other films) . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Amendment of s 25CC (Obtaining copies for review). . . . . . . . . . 14 21 Amendment of s 26 (Prohibition against publishing certain advertisements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 22 Amendment of s 27 (Advertisement to contain determined markings and consumer advice) . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 Amendment of s 28 (False advertising of films prohibited). . . . . . 15 24 Amendment of s 31 (Classified films containing advertisements for other films). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 25 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 36A Prohibition against sale of certain films . . . . . . . . . . . 16 26 Amendment of s 52 (Additional power of inspector to seize films) 17 27 Replacement of s 59 (Appeal to appeal body) . . . . . . . . . . . . . . . 17 59 Review by CCT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 28 Amendment of s 60 (Evidentiary provisions) . . . . . . . . . . . . . . . . 18 29 Amendment of s 65 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 18 30 Amendment of pt 9, div 1, hdg (Savings and transitional provisions for Classification of Films Amendment Act 1993 No. 15) .......................................... 19 31 Amendment of pt 9, divs 2 and 3, hdgs . . . . . . . . . . . . . . . . . . . . 19 32 Insertion of new pt 9, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 4 Justice Legislation Amendment Act 2008 71 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 72 Existing exemptions for advertisements given under the Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . 19 73 Existing appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 74 Existing entitlements to appeal. . . . . . . . . . . . . . . . . . 20 Page 2

Justice Legislation Amendment Bill 2008 Contents 75 Existing proceedings for offences relating to advertisements for films . . . . . . . . . . . . . . . . . . . . . . . 20 Part 4 Amendment of Classification of Publications Act 1991 33 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 34 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 21 35 Replacement of s 11 (Appeal against classification by publications classification officer) . . . . . . . . . . . . . . . . . . . . . . . . . 22 11 Review by CCT of classification decision by publications classification officer . . . . . . . . . . . . . . . . 22 36 Amendment of s 11C (Publications for which display order may be made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 37 Amendment of s 11D (Lifting of display order, and appeal rights and procedure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 38 Amendment of s 37 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . 23 39 Amendment of s 38 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 23 40 Amendment of pt 6 (Savings and transitional) . . . . . . . . . . . . . . . 23 Part 5 Amendment of Commercial and Consumer Tribunal Act 2003 41 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 42 Amendment of s 100 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . 25 43 Amendment of pt 9, hdg (Transitional provisions) . . . . . . . . . . . . 25 44 Replacement of pt 10 (Repeal) . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 2 Declaratory provision for Justice Legislation Amendment Act 2008 168 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 45 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 26 Part 6 Amendment of Consumer Credit Code 46 Code amended in pt 6 and schedule . . . . . . . . . . . . . . . . . . . . . . 27 47 Insertion of new ss 10A-10C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 10A Deciding application of Code to particular contracts for the sale of land by instalments . . . . . . . . . . . . . . . 27 10B Deciding application of Code to particular contracts for the sale of goods by instalments . . . . . . . . . . . . . . 29 10C Deciding application of Code to particular contracts for the sale of goods by instalments under related contracts ................................ 29 48 Amendment of s 15 (Matters that must be in contract document) 30 49 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 3 Transitional provision for Justice Legislation Amendment Act 2008 Page 3

Justice Legislation Amendment Bill 2008 Contents 187 Provision of credit for the sale of land or goods by instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 50 Amendment of sch 1 (Principal definitions) . . . . . . . . . . . . . . . . . 31 Part 7 Amendment of Crime and Misconduct Act 2001 51 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 52 Amendment of s 20 (Meaning of unit of public administration). . . 32 53 Amendment of ch 8 (Repeals, transitional and savings provisions) .................................... 32 54 Insertion of new ch 8, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Part 5 Justice Legislation Amendment Act 2008 384 Declaration about local governments and joint local governments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 55 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 56 Amendment of s 408 (Claim fund) . . . . . . . . . . . . . . . . . . . . . . . . 34 57 Amendment of s 409 (How fund may be applied) . . . . . . . . . . . . 34 58 Amendment of s 433 (Money not dealt with by receiver) . . . . . . . 34 59 Amendment of s 434 (Recovery of remuneration and costs) . . . . 35 60 Amendment of s 445 (Recovery of remuneration, costs or liabilities) ....................................... 35 Schedule Minor amendments of Consumer Credit Code . . . . . . . . . . . . 36 Page 4

2008 A Bill for An Act to amend the Classification of Computer Games and Images Act 1995, the Classification of Films Act 1991, the Classification of Publications Act 1991, the Commercial and Consumer Tribunal Act 2003, the Consumer Credit (Queensland) Act 1994 to make changes to the Consumer Credit Code, the Crime and Misconduct Act 2001 and the Property Agents and Motor Dealers Act 2000 for particular purposes

Justice Legislation Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Justice Legislation Amendment 4 Act 2008. 5 Clause 2 Commencement 6 The following provisions commence on a day to be fixed by 7 proclamation-- 8 · part 2, sections 7, 8 and 14(3) and (4) 9 · part 3, sections 19, 21, 23, 24 and 32 (to the extent it 10 inserts new section 72) 11 · part 6 12 · schedule. 13 Part 2 Amendment of Classification of 14 Computer Games and Images 15 Act 1995 16 Clause 3 Act amended in pt 2 17 This part amends the Classification of Computer Games and 18 Images Act 1995. 19 Page 6

Justice Legislation Amendment Bill 2008 Part 2 Amendment of Classification of Computer Games and Images Act 1995 [s 4] Clause 4 Replacement of s 8 (Appeal to appeal body against 1 classification of computer game) 2 Section 8-- 3 omit, insert-- 4 `8 Review by CCT of classification decision 5 `If the computer games classification officer classifies a 6 computer game under section 5, a person whose interests are 7 adversely affected by the decision may apply, under the CCT 8 Act, to the CCT for a review of the decision.'. 9 Clause 5 Amendment of s 8B (Obtaining copies for review) 10 Section 8B(2), `director'-- 11 omit, insert-- 12 `convenor'. 13 Clause 6 Amendment of s 12 (Advertisement to contain 14 determined markings and consumer advice) 15 Section 12(1)(b)(i), `the director decides'-- 16 omit, insert-- 17 `determined'. 18 Clause 7 Amendment of s 13A (Prohibition against advertising 19 certain computer games) 20 Section 13A(1), from `game'-- 21 omit, insert-- 22 `game, unless the advertisement is allowed under the 23 Commonwealth Act. 24 Maximum penalty--60 penalty units. 25 Page 7

Justice Legislation Amendment Bill 2008 Part 2 Amendment of Classification of Computer Games and Images Act 1995 [s 8] Note-- 1 The Commonwealth Act, section 31 provides for the Commonwealth 2 Minister, by legislative instrument, to determine a scheme for the 3 advertising of unclassified computer games.'. 4 Clause 8 Amendment of s 16 (Classified computer games 5 containing advertisements for other computer games) 6 Section 16(d) and penalty-- 7 omit, insert-- 8 `(d) if the computer game is classified as an MA 15+ 9 computer game--an objectionable computer game; or 10 (e) an unclassified computer game, unless the 11 advertisement is allowed under the Commonwealth Act. 12 Maximum penalty--10 penalty units. 13 Note for paragraph (e)-- 14 The Commonwealth Act, section 31 provides for the Commonwealth 15 Minister, by legislative instrument, to determine a scheme for the 16 advertising of unclassified computer games.'. 17 Clause 9 Replacement of pt 7, div 3 18 Part 7, division 3-- 19 omit, insert-- 20 `Division 3 Review by CCT of decision about 21 approval of entity and exemption 22 `60 Review by CCT 23 `(1) If the computer games classification officer makes a 24 decision-- 25 (a) refusing to approve an entity under section 56; or 26 (b) revoking the approval of an entity under section 56; or 27 (c) refusing to give an exemption under section 58 or 59; 28 Page 8

Justice Legislation Amendment Bill 2008 Part 2 Amendment of Classification of Computer Games and Images Act 1995 [s 10] the computer games classification officer must notify the 1 entity in writing of the decision and the reasons for the 2 decision. 3 `(2) The entity may apply, under the CCT Act, to the CCT for a 4 review of the decision.'. 5 Clause 10 Omission of s 61 (Appeal procedure) 6 Section 61-- 7 omit. 8 Clause 11 Amendment of s 67 (Regulations) 9 (1) Section 67, heading, `Regulations'-- 10 omit, insert-- 11 `Regulation-making power'. 12 (2) Section 67(3)-- 13 omit. 14 Clause 12 Replacement of pt 9, hdg (Transitional provision for 15 Tourism, Fair Trading and Wine Industry Development 16 Legislation Amendment Act 2005) 17 Part 9, heading-- 18 omit, insert-- 19 `Part 9 Transitional provisions 20 `Division 1 Tourism, Fair Trading and Wine 21 Industry Development Legislation 22 Amendment Act 2005'. 23 Clause 13 Insertion of new pt 9, div 2 24 Part 9-- 25 Page 9

Justice Legislation Amendment Bill 2008 Part 2 Amendment of Classification of Computer Games and Images Act 1995 [s 13] insert-- 1 `Division 2 Justice Legislation Amendment Act 2 2008 3 `71 Definitions for div 2 4 `In this division-- 5 amending Act means the Justice Legislation Amendment Act 6 2008, part 2. 7 commencement means the commencement of this section. 8 `72 Existing appeals 9 `(1) This section applies to an appeal started under previous 10 section 8 or previous section 60(2) but not ended before the 11 commencement of this section. 12 `(2) The appeal may continue and be decided as if the amending 13 Act had not been enacted. 14 `(3) In this section-- 15 previous, followed by a provision number, means the 16 provision as in force immediately before the commencement. 17 `73 Existing entitlements to appeal 18 `(1) This section applies if, immediately before the 19 commencement-- 20 (a) a person was entitled to appeal against a decision 21 mentioned in section 8 or 60(2) (the relevant provision) 22 and had not started the appeal; and 23 (b) the period mentioned in the relevant provision for 24 starting the appeal had not ended. 25 `(2) This Act as amended by the amending Act applies to the 26 appeal. 27 Page 10

Justice Legislation Amendment Bill 2008 Part 2 Amendment of Classification of Computer Games and Images Act 1995 [s 14] `74 Existing proceedings for offences relating to 1 advertisements for computer games 2 `(1) This section applies if a proceeding for an offence against a 3 provision of part 4 was started, but had not ended, before the 4 commencement of the amending Act, section 14(3). 5 `(2) Despite the Criminal Code, section 11, the proceeding may 6 continue, and the provision may be enforced, as if the 7 amending Act, section 14(3) had not been enacted.'. 8 Clause 14 Amendment of sch 2 (Dictionary) 9 (1) Schedule 2, definition appeal body-- 10 omit. 11 (2) Schedule 2-- 12 insert-- 13 `CCT means the Commercial and Consumer Tribunal 14 established under the CCT Act. 15 CCT Act means the Commercial and Consumer Tribunal Act 16 2003. 17 convenor means the convenor of the review board.'. 18 (3) Schedule 2, definition advertisement, paragraph (c)-- 19 omit, insert-- 20 `(c) advertising on the internet;'. 21 (4) Schedule 2, definition advertisement-- 22 insert-- 23 `(g) advertising by way of a product that-- 24 (i) refers to, or is derived from, the computer game; 25 and 26 (ii) is primarily intended to be sold or distributed to the 27 general public or to a section of the general public; 28 and 29 Page 11

Justice Legislation Amendment Bill 2008 Part 3 Amendment of Classification of Films Act 1991 [s 15] (iii) a reasonable person would not consider to be a 1 primary source of classification information for 2 consumers about the computer game.'. 3 Part 3 Amendment of Classification of 4 Films Act 1991 5 Clause 15 Act amended in pt 3 6 This part amends the Classification of Films Act 1991. 7 Clause 16 Amendment of s 3 (Definitions) 8 (1) Section 3-- 9 insert-- 10 `convenor means the convenor of the review board.'. 11 (2) Section 3, definition advertisement, paragraph (c)-- 12 omit, insert-- 13 `(c) advertising on the internet;'. 14 (3) Section 3, definition advertisement-- 15 insert-- 16 `(g) advertising by way of a product that-- 17 (i) refers to, or is derived from, the film; and 18 (ii) is primarily intended to be sold or distributed to the 19 general public or to a section of the general public; 20 and 21 (iii) a reasonable person would not consider to be a 22 primary source of classification information for 23 consumers about the film.'. 24 Page 12

Justice Legislation Amendment Bill 2008 Part 3 Amendment of Classification of Films Act 1991 [s 17] Clause 17 Insertion of new s 3B 1 After section 3A-- 2 insert-- 3 `3B Treatment of single device consisting only of 4 classified films 5 `(1) For this Act, a film-- 6 (a) contained on a single device; and 7 (b) consisting only of 2 or more classified films; 8 is to be treated as if each of the classified films were on a 9 separate device. 10 `(2) Subsection (1) applies despite any other provision of this 11 Act.'. 12 Clause 18 Amendment of s 21 (Prohibition against exhibition of 13 certain films in public places) 14 (1) Section 21-- 15 insert-- 16 `(2A) Subsection (2) does not apply to a film contained on a single 17 device consisting only of 2 or more classified films.'. 18 (2) Section 21-- 19 insert-- 20 `(4) Subsection (3) does not apply in relation to an alteration or 21 addition that consists of the removal or addition of-- 22 (a) navigation functions; or 23 Example-- 24 an interactive menu 25 (b) material that-- 26 (i) provides a description or translation of the audio or 27 visual content of the film; and 28 (ii) would not be likely to cause the film to be given a 29 higher classification. 30 Page 13

Justice Legislation Amendment Bill 2008 Part 3 Amendment of Classification of Films Act 1991 [s 19] Example of material for paragraph (b)-- 1 captions for persons with a hearing disability'. 2 Clause 19 Amendment of s 21A (Classified films--exhibiting 3 advertisements for other films) 4 Section 21A(e) and penalty-- 5 omit, insert-- 6 `(e) if the film is classified as an R 18+ film--a film 7 classified as an X 18+ or RC film or an unclassified 8 film; or 9 (f) an unclassified film, unless the advertisement is allowed 10 under the Commonwealth Act. 11 Maximum penalty--10 penalty units. 12 Note for paragraph (f)-- 13 The Commonwealth Act, section 31 provides for the Commonwealth 14 Minister, by legislative instrument, to determine a scheme for the 15 advertising of unclassified films.'. 16 Clause 20 Amendment of s 25CC (Obtaining copies for review) 17 Section 25CC(2), `director'-- 18 omit, insert-- 19 `convenor'. 20 Clause 21 Amendment of s 26 (Prohibition against publishing 21 certain advertisements) 22 (1) Section 26(1), from `film', first mention-- 23 omit, insert-- 24 `film, unless the advertisement is allowed under the 25 Commonwealth Act. 26 Maximum penalty-- 27 (a) for an objectionable film--60 penalty units; or 28 Page 14

Justice Legislation Amendment Bill 2008 Part 3 Amendment of Classification of Films Act 1991 [s 22] (b) for another film--10 penalty units. 1 Note-- 2 The Commonwealth Act, section 31 provides for the Minister, by 3 legislative instrument, to determine a scheme for the advertising of 4 unclassified films.'. 5 (2) Section 26(2)-- 6 omit. 7 (3) Section 26(3) to (5)-- 8 renumber as section 26(2) to (4). 9 Clause 22 Amendment of s 27 (Advertisement to contain 10 determined markings and consumer advice) 11 Section 27(1)(b)(i), `the director determines'-- 12 omit, insert-- 13 `determined'. 14 Clause 23 Amendment of s 28 (False advertising of films prohibited) 15 Section 28(2), from `film', first mention-- 16 omit, insert-- 17 `film, unless the advertisement is allowed under the 18 Commonwealth Act. 19 Maximum penalty-- 20 (a) in the case of an objectionable film--60 penalty units; 21 or 22 (b) in any other case--10 penalty units. 23 Note-- 24 The Commonwealth Act, section 31 provides for the Commonwealth 25 Minister, by legislative instrument, to determine a scheme for the 26 advertising of unclassified films.'. 27 Page 15

Justice Legislation Amendment Bill 2008 Part 3 Amendment of Classification of Films Act 1991 [s 24] Clause 24 Amendment of s 31 (Classified films containing 1 advertisements for other films) 2 (1) Section 31(a) to (d), `or an unclassified film'-- 3 omit. 4 (2) Section 31(e) and penalty-- 5 omit, insert-- 6 `(e) if a film is classified as an R 18+ film--a film classified 7 as an X 18+ or RC film; or 8 (f) an unclassified film, unless the advertisement is allowed 9 under the Commonwealth Act. 10 Maximum penalty--10 penalty units. 11 Note for paragraph (f)-- 12 The Commonwealth Act, section 31 provides for the Commonwealth 13 Minister, by legislative instrument, to determine a scheme for the 14 advertising of unclassified films.'. 15 Clause 25 Insertion of new s 36A 16 Part 4-- 17 insert-- 18 `36A Prohibition against sale of certain films 19 `(1) A person must not display for sale or sell, or attempt to 20 display for sale or sell, a film unless the film is displayed for 21 sale or sold with the same title as the title under which it is 22 classified. 23 Maximum penalty--50 penalty units. 24 `(2) Subsection (1) does not apply to a film contained on a single 25 device consisting only of 2 or more classified films. 26 `(3) A person must not display for sale or sell, or attempt to 27 display for sale or sell, an unclassified film other than in the 28 form, without alteration or addition, in which it is classified. 29 Maximum penalty--50 penalty units. 30 Page 16

Justice Legislation Amendment Bill 2008 Part 3 Amendment of Classification of Films Act 1991 [s 26] `(4) Subsection (3) does not apply in relation to an alteration or 1 addition that consists of the removal or addition of-- 2 (a) navigation functions; or 3 Example-- 4 an interactive menu 5 (b) material that-- 6 (i) provides a description or translation of the audio or 7 visual content of the film; and 8 (ii) would not be likely to cause the film to be given a 9 higher classification. 10 Example of material for paragraph (b)-- 11 captions for persons with a hearing disability'. 12 Clause 26 Amendment of s 52 (Additional power of inspector to 13 seize films) 14 Section 52(3), `censor'-- 15 omit, insert-- 16 `films classification officer'. 17 Clause 27 Replacement of s 59 (Appeal to appeal body) 18 Section 59-- 19 omit, insert-- 20 `59 Review by CCT 21 `(1) If the films classification officer makes a decision-- 22 (a) refusing to approve an organisation under section 56; or 23 (b) revoking the approval of an organisation under section 24 56; or 25 (c) refusing to give an exemption under section 58; 26 the films classification officer must notify the organisation in 27 writing of the decision and the reasons for the decision. 28 Page 17

Justice Legislation Amendment Bill 2008 Part 3 Amendment of Classification of Films Act 1991 [s 28] `(2) The organisation may apply, under the CCT Act, to the CCT 1 for a review of the decision. 2 `(3) In this section-- 3 CCT means the Commercial and Consumer Tribunal 4 established under the CCT Act. 5 CCT Act means the Commercial and Consumer Tribunal Act 6 2003.'. 7 Clause 28 Amendment of s 60 (Evidentiary provisions) 8 (1) Section 60(1), `director'-- 9 omit, insert-- 10 `relevant entity'. 11 (2) Section 60-- 12 insert-- 13 `(4) In this section-- 14 relevant entity means-- 15 (a) for a classification by the board--the director; or 16 (b) for a classification by the review board--the 17 convenor.'.r 18 Clause 29 Amendment of s 65 (Regulations) 19 (1) Section 65, heading, `Regulations'-- 20 omit, insert-- 21 `Regulation-making power'. 22 (2) Section 65(5)-- 23 omit. 24 Page 18

Justice Legislation Amendment Bill 2008 Part 3 Amendment of Classification of Films Act 1991 [s 30] Clause 30 Amendment of pt 9, div 1, hdg (Savings and transitional 1 provisions for Classification of Films Amendment Act 2 1993 No. 15) 3 Part 9, division 1, heading, `Savings and transitional 4 provisions for'-- 5 omit. 6 Clause 31 Amendment of pt 9, divs 2 and 3, hdgs 7 Part 9, divisions 2 and 3, headings, `Transitional provision 8 for'-- 9 omit. 10 Clause 32 Insertion of new pt 9, div 4 11 Part 9-- 12 insert-- 13 `Division 4 Justice Legislation Amendment Act 14 2008 15 `71 Definitions for div 4 16 `In this division-- 17 amending Act means the Justice Legislation Amendment Act 18 2008, part 3. 19 commencement means the commencement of this section. 20 previous, followed by a provision number, means the 21 provision as in force immediately before the commencement. 22 `72 Existing exemptions for advertisements given under 23 the Commonwealth Act 24 `(1) This section applies to an advertisement for a film in relation 25 to which a certificate of exemption given under the 26 Page 19

Justice Legislation Amendment Bill 2008 Part 3 Amendment of Classification of Films Act 1991 [s 32] Commonwealth Act as mentioned in previous section 26(2) is 1 in force immediately before the commencement. 2 `(2) On the commencement, the certificate of exemption continues 3 to have effect for this Act. 4 `73 Existing appeals 5 `(1) This section applies to an appeal started under previous 6 section 59(2) but not ended before the commencement. 7 `(2) The appeal may continue and be decided as if the amending 8 Act had not been enacted. 9 `74 Existing entitlements to appeal 10 `(1) This section applies if, immediately before the 11 commencement-- 12 (a) a person was entitled to appeal against a decision 13 mentioned in section 59(1) and had not started the 14 appeal; and 15 (b) the period mentioned in the section for starting the 16 appeal had not ended. 17 `(2) This Act as amended by the amending Act applies to the 18 appeal. 19 `75 Existing proceedings for offences relating to 20 advertisements for films 21 `(1) This section applies if a proceeding for an offence against a 22 provision of part 4 was started, but had not ended, before the 23 commencement of the amending Act, section 16(2). 24 `(2) Despite the Criminal Code, section 11, the proceeding may 25 continue, and the provision may be enforced, as if the 26 amending Act, section 16(2) had not been enacted.'. 27 Page 20

Justice Legislation Amendment Bill 2008 Part 4 Amendment of Classification of Publications Act 1991 [s 33] Part 4 Amendment of Classification of 1 Publications Act 1991 2 Clause 33 Act amended in pt 4 3 This part amends the Classification of Publications Act 1991. 4 Clause 34 Amendment of s 3 (Definitions) 5 Section 3-- 6 insert-- 7 `advertisement, for a publication, means any form of 8 advertising for the publication and includes-- 9 (a) advertising, whether visual or audible, whether in the 10 form of written or spoken words or other sounds and 11 whether in a book, paper, magazine, poster, photograph, 12 sketch, program, film or slide or in any other form; and 13 (b) advertising on a container or wrapping enclosing the 14 publication; and 15 (c) advertising on the internet; 16 but does not include-- 17 (d) advertising for an exempt publication; or 18 (e) advertising, in an imported publication, for a publication 19 that has not been published in Australia; or 20 (f) advertising by way of a product that-- 21 (i) refers to, or is derived from, the publication; and 22 (ii) is primarily intended to be sold or distributed to the 23 general public or to a section of the general public; 24 and 25 (iii) a reasonable person would not consider to be a 26 primary source of classification information for 27 consumers about the publication. 28 Page 21

Justice Legislation Amendment Bill 2008 Part 4 Amendment of Classification of Publications Act 1991 [s 35] CCT means the Commercial and Consumer Tribunal 1 established under the CCT Act. 2 CCT Act means the Commercial and Consumer Tribunal Act 3 2003.'. 4 Clause 35 Replacement of s 11 (Appeal against classification by 5 publications classification officer) 6 Section 11-- 7 omit, insert-- 8 `11 Review by CCT of classification decision by 9 publications classification officer 10 `If the publications classification officer makes a decision 11 classifying a publication, a person whose interests are 12 adversely affected by the decision may apply, under the CCT 13 Act, to the CCT for a review of the decision.'. 14 Clause 36 Amendment of s 11C (Publications for which display 15 order may be made) 16 Section 11C(4)(e), from `may appeal'-- 17 omit, insert-- 18 `may-- 19 (i) apply, under the CCT Act, to the CCT for a review 20 of the decision to make the order; or 21 (ii) apply, under section 11D, to have the order lifted.'. 22 Clause 37 Amendment of s 11D (Lifting of display order, and appeal 23 rights and procedure) 24 (1) Section 11D, heading, `appeal'-- 25 omit, insert-- 26 `review'. 27 (2) Section 11D(6), `appeal'-- 28 Page 22

Justice Legislation Amendment Bill 2008 Part 4 Amendment of Classification of Publications Act 1991 [s 38] omit, insert-- 1 `review'. 2 Clause 38 Amendment of s 37 (Exemptions) 3 (1) Section 37(5)(b)-- 4 omit, insert-- 5 `(b) the person or body may apply, under the CCT Act, to the 6 CCT for a review of the decision.'. 7 (2) Section 37(6) to (10)-- 8 omit. 9 Clause 39 Amendment of s 38 (Regulations) 10 (1) Section 38, heading, `Regulations'-- 11 omit, insert-- 12 `Regulation-making power'. 13 (2) Section 38(3)-- 14 omit. 15 Clause 40 Amendment of pt 6 (Savings and transitional) 16 (1) Part 6, heading-- 17 omit, insert-- 18 `Part 6 Savings and transitional 19 provisions 20 `Division 1 Act No. 78 of 1991'. 21 (2) After section 40-- 22 insert-- 23 Page 23

Justice Legislation Amendment Bill 2008 Part 4 Amendment of Classification of Publications Act 1991 [s 40] `Division 2 Consumer Law and Other Justice 1 Legislation (Miscellaneous 2 Provisions) Act 1996'. 3 (3) After section 41-- 4 insert-- 5 `Division 3 Justice Legislation Amendment Act 6 2008 7 `42 Definitions for div 3 8 `In this division-- 9 amending Act means the Justice Legislation Amendment Act 10 2008, part 4. 11 commencement means the commencement of this section. 12 `43 Existing appeals 13 `(1) This section applies to an appeal started under previous 14 section 11(1) or previous section 37(5)(b) but not ended 15 before the commencement of this section. 16 `(2) The appeal may continue and be decided as if the amending 17 Act had not been enacted. 18 `(3) In this section-- 19 previous, followed by a provision number, means the 20 provision as in force immediately before the commencement. 21 `44 Existing entitlements to appeal 22 `(1) This section applies if, immediately before the 23 commencement-- 24 (a) a person was entitled to appeal against a decision 25 mentioned in section 11(1) or 37(5)(b) (the relevant 26 provision) and had not started the appeal; and 27 Page 24

Justice Legislation Amendment Bill 2008 Part 5 Amendment of Commercial and Consumer Tribunal Act 2003 [s 41] (b) the period mentioned in the relevant provision for 1 starting the appeal had not ended. 2 `(2) This Act as amended by the amending Act applies to the 3 appeal.'. 4 Part 5 Amendment of Commercial and 5 Consumer Tribunal Act 2003 6 Clause 41 Act amended in pt 5 7 This part amends the Commercial and Consumer Tribunal Act 8 2003. 9 Clause 42 Amendment of s 100 (Appeals) 10 Section 100(6)(a) and (b), `; or'-- 11 omit, insert-- 12 `;'. 13 Clause 43 Amendment of pt 9, hdg (Transitional provisions) 14 Part 9, heading-- 15 omit, insert-- 16 `Part 9 Transitional and declaratory 17 provisions 18 `Division 1 Transitional provisions for Act No. 19 30 of 2003'. 20 Clause 44 Replacement of pt 10 (Repeal) 21 Part 10-- 22 Page 25

Justice Legislation Amendment Bill 2008 Part 5 Amendment of Commercial and Consumer Tribunal Act 2003 [s 45] omit, insert-- 1 `Division 2 Declaratory provision for Justice 2 Legislation Amendment Act 2008 3 `168 Declaration 4 `To remove any doubt, it is declared that an Act, other than 5 this Act, that before the commencement of this section, 6 whether expressly or by implication, authorised any of the 7 following is, and always was, an empowering Act for this 8 Act-- 9 (a) a proceeding to be started in the tribunal; 10 (b) a decision to be reviewed by the tribunal; 11 (c) any other matter or thing to be dealt with by the 12 tribunal.'. 13 Clause 45 Amendment of sch 2 (Dictionary) 14 (1) Schedule 2, definition empowering Act-- 15 omit, insert-- 16 `empowering Act means an Act, other than this Act, that, 17 whether expressly or by implication, authorises a proceeding 18 to be started in, or a matter or thing to be dealt with by, the 19 tribunal.'. 20 (2) Schedule 2, definition public examination, `4'-- 21 omit, insert-- 22 `3'. 23 Page 26

Justice Legislation Amendment Bill 2008 Part 6 Amendment of Consumer Credit Code [s 46] Part 6 Amendment of Consumer 1 Credit Code 2 Clause 46 Code amended in pt 6 and schedule 3 This part and the schedule amend the Consumer Credit Code 4 set out in the appendix to the Consumer Credit (Queensland) 5 Act 1994. 6 Clause 47 Insertion of new ss 10A-10C 7 After section 10-- 8 insert-- 9 `10A Deciding application of Code to particular contracts 10 for the sale of land by instalments 11 `(1) This section applies to an executory contract for the sale of 12 land if-- 13 (a) under the contract, the purchaser-- 14 (i) is entitled to enter into possession of the land 15 before becoming entitled to receive a conveyance 16 or transfer of the land; and 17 (ii) is bound to make a payment or payments (other 18 than a deposit or rent payment) to, or in accordance 19 with the instructions of, the vendor without 20 becoming entitled to receive a conveyance or 21 transfer of the land in exchange for the payment or 22 payments; and 23 (b) the amount payable to purchase the land under the 24 contract exceeds the cash price of the land. 25 Note-- 26 Cash price is defined in schedule 1 in terms of goods or services. 27 Services is defined in schedule 1 to include rights in relation to, 28 and interests in, real property. 29 Page 27

Justice Legislation Amendment Bill 2008 Part 6 Amendment of Consumer Credit Code [s 47] `(2) For the purpose of deciding whether the contract is a credit 1 contract and, if it is a credit contract, of applying this Code 2 (including part 6) to it-- 3 (a) a debt is to be regarded as having been incurred, and 4 credit provided, in the circumstances mentioned in 5 subsection (1); and 6 (b) the debtor is the purchaser under the contract; and 7 (c) the credit provider is the vendor under the contract; and 8 (d) the charge for providing the credit is the amount by 9 which the amount payable to purchase the land, together 10 with any other amount payable under the contract other 11 than outgoings for the land, exceeds the cash price of the 12 land. 13 `(3) This section does not affect the application of this Code to a 14 contract that is, apart from this section, a credit contract. 15 `(4) In this section-- 16 deposit, in relation to a contract, means an amount-- 17 (a) not exceeding 10% of the amount payable to purchase 18 the land under the contract; and 19 (b) paid or payable in 1 or more amounts; and 20 (c) liable to be forfeited and retained by the vendor in the 21 event of a breach of contract by the purchaser. 22 outgoings includes rates, water charges and house and 23 contents insurance. 24 rent payment, under a contract, means a payment-- 25 (a) made by the purchaser to the vendor in exchange for 26 possession of the land before becoming entitled to 27 receive a conveyance or transfer of the land; and 28 (b) that is not deductible from the amount payable to 29 purchase the land. 30 Page 28

Justice Legislation Amendment Bill 2008 Part 6 Amendment of Consumer Credit Code [s 47] `10B Deciding application of Code to particular contracts 1 for the sale of goods by instalments 2 `(1) This section applies to a contract for the sale of goods if the 3 amount payable to purchase the goods under the contract-- 4 (a) is payable by instalments; and 5 (b) exceeds the cash price of the goods. 6 `(2) This section does not apply to a contract for the hire of goods 7 even if the hirer has a right or obligation to purchase the 8 goods. 9 `(3) For the purpose of deciding whether the contract is a credit 10 contract and, if it is a credit contract, of applying this Code 11 (including part 6) to it-- 12 (a) a debt is to be regarded as having been incurred, and 13 credit provided, in the circumstances mentioned in 14 subsection (1); and 15 (b) the debtor is the person who is to make the payments; 16 and 17 (c) the credit provider is the person who is to receive the 18 payments; and 19 (d) the charge for providing the credit is the amount by 20 which the amount payable to purchase the goods, 21 together with any other amount payable under the 22 contract, exceeds the cash price of the goods. 23 `(4) This section does not affect the application of this Code to a 24 contract that is, apart from this section, a credit contract. 25 `10C Deciding application of Code to particular contracts 26 for the sale of goods by instalments under related 27 contracts 28 `(1) For the purpose of this section, a contract is a related contract 29 to a contract for the sale of goods (the goods contract) if-- 30 (a) the sale of the goods is financed, wholly or partly, by the 31 provision of credit under the contract; and 32 Page 29

Justice Legislation Amendment Bill 2008 Part 6 Amendment of Consumer Credit Code [s 48] (b) the credit provider under the contract is-- 1 (i) the supplier of goods under the goods contract; or 2 (ii) a related body corporate within the meaning of the 3 Corporations Act of the supplier of the goods 4 under the goods contract; and 5 (c) the amount payable under the contract is payable by 6 instalments. 7 `(2) For the purpose of deciding whether a related contract to a 8 goods contract is a credit contract and, if it is a credit contract, 9 of applying this Code (including part 6) to it, the charge for 10 providing the credit is the amount by which the amount 11 payable to purchase the goods, together with any other 12 amount payable under the related contract, exceeds the cash 13 price of the goods. 14 `(3) This section does not affect the application of this Code to a 15 contract that is, apart from this section, a credit contract.'. 16 Clause 48 Amendment of s 15 (Matters that must be in 17 contract document) 18 (1) Section 15(B)(c), `its price'-- 19 omit, insert-- 20 `its cash price'. 21 (2) Section 15(B), after paragraph (c)-- 22 insert-- 23 `The requirement under paragraph (c) is in addition to, and 24 does not limit, the requirement under paragraph (a) or (b).'. 25 Clause 49 Insertion of new pt 12, div 3 26 Part 12-- 27 insert-- 28 Page 30

Justice Legislation Amendment Bill 2008 Part 6 Amendment of Consumer Credit Code [s 50] `Division 3 Transitional provision for Justice 1 Legislation Amendment Act 2008 2 `187 Provision of credit for the sale of land or goods by 3 instalments 4 `(1) This section applies in relation to the provision of credit, 5 before the commencement, for a sale of land or goods by 6 instalments. 7 `(2) The amending Act does not affect the application of this Code 8 in relation to the provision of the credit. 9 `(3) Without limiting subsection (2), the enactment of the 10 amending Act is not to be construed as limiting the 11 application of this Code, as in force before the 12 commencement, to a sale of land or goods by instalments. 13 `(4) This Code, as in force before the commencement, continues to 14 apply, after the commencement, in relation to the provision of 15 credit as if the amending Act had not been enacted. 16 `(5) In this section-- 17 amending Act means the Justice Legislation Amendment Act 18 2008, part 6. 19 commencement means the commencement of this section.'. 20 Clause 50 Amendment of sch 1 (Principal definitions) 21 (1) Schedule 1, clause 1(1), definition cash price-- 22 omit. 23 (2) Schedule 1, clause 1(1)-- 24 insert-- 25 `cash price, of goods or services to which a credit contract 26 relates, means-- 27 (a) the lowest price that a cash purchaser might reasonably 28 be expected to pay for them from the supplier; or 29 Page 31

Justice Legislation Amendment Bill 2008 Part 7 Amendment of Crime and Misconduct Act 2001 [s 51] (b) if the goods or services are not available for cash from 1 the supplier or are only available for cash at the same, or 2 a reasonably similar, price to the price that would be 3 payable for them if they were sold with credit 4 provided--the market value of the goods or services. 5 lowest price, in relation to the cash price of goods or services 6 to which a credit contract relates, means the lowest price 7 including any goods and services tax but unaffected by any 8 discount between the credit provider and the supplier. 9 market value, of goods or services to which a credit contract 10 relates, means fair market value including any goods and 11 services tax.'. 12 Part 7 Amendment of Crime and 13 Misconduct Act 2001 14 Clause 51 Act amended in pt 7 15 This part amends the Crime and Misconduct Act 2001. 16 Clause 52 Amendment of s 20 (Meaning of unit of public 17 administration) 18 Section 20(1)-- 19 insert-- 20 `(da) a local government;'. 21 Clause 53 Amendment of ch 8 (Repeals, transitional and savings 22 provisions) 23 (1) Chapter 8, heading, `, transitional'-- 24 omit, insert-- 25 `and transitional, declaratory,'. 26 Page 32

Justice Legislation Amendment Bill 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 54] (2) Chapter 8, part 2, heading and part 3, heading, `Transitional 1 provisions for'-- 2 omit. 3 (3) Chapter 8, part 4, heading, `Transitional provision for'-- 4 omit. 5 Clause 54 Insertion of new ch 8, pt 5 6 Chapter 8-- 7 insert-- 8 `Part 5 Justice Legislation Amendment 9 Act 2008 10 `384 Declaration about local governments and joint local 11 governments 12 `(1) This section applies for the period of the administration of this 13 Act until the commencement of the Justice Legislation 14 Amendment Act 2008, section 53. 15 `(2) To remove any doubt and to remove the necessity for proof of 16 the funding of local governments and joint local governments, 17 it is declared that every local government and joint local 18 government has always been and, despite the Local 19 Government Act 1993, sections 34(3) and 49(4), continued to 20 be a unit of public administration for this Act.'. 21 Part 8 Amendment of Property Agents 22 and Motor Dealers Act 2000 23 Clause 55 Act amended in pt 8 24 This part amends the Property Agents and Motor Dealers Act 25 2000. 26 Page 33

Justice Legislation Amendment Bill 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 56] Clause 56 Amendment of s 408 (Claim fund) 1 Section 408(3), after `fund', second mention-- 2 insert-- 3 `, or the remuneration and costs of a receiver or special 4 investigator payable from the fund,'. 5 Clause 57 Amendment of s 409 (How fund may be applied) 6 (1) Section 409(2)-- 7 renumber as section 409(3). 8 (2) Section 409-- 9 insert-- 10 `(2) The fund may also be used to pay the remuneration and costs 11 of either or both of the following-- 12 (a) a receiver appointed under section 417; 13 (b) a special investigator appointed under section 440. 14 Note-- 15 The remuneration and costs of a receiver are recoverable under section 16 434. The remuneration and costs of a special investigator are 17 recoverable under section 445. Amounts recovered under these sections 18 by the chief executive are paid to the fund under section 494.'. 19 Clause 58 Amendment of s 433 (Money not dealt with by receiver) 20 (1) Section 433(3)(c)-- 21 renumber as section 433(3)(e). 22 (2) Section 433(3)-- 23 insert-- 24 `(c) to pay the remuneration and costs of a receiver 25 appointed under section 417; 26 (d) to pay the remuneration and costs of a special 27 investigator appointed under section 440;'. 28 Page 34

Justice Legislation Amendment Bill 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 59] Clause 59 Amendment of s 434 (Recovery of remuneration and 1 costs) 2 Section 434(1), after `amount paid to the receiver'-- 3 insert-- 4 `, including an amount paid from the fund,'. 5 Clause 60 Amendment of s 445 (Recovery of remuneration, costs or 6 liabilities) 7 (1) Section 445, heading-- 8 omit, insert-- 9 `445 Recovery of remuneration and costs'. 10 (2) Section 445(1), after `amount paid to the special 11 investigator'-- 12 insert-- 13 `, including an amount paid from the fund,'. 14 Page 35

Justice Legislation Amendment Bill 2008 Schedule Schedule Minor amendments of 1 Consumer Credit Code 2 section 46 3 1 Section 7(9), `Corporations Law'-- 4 omit, insert-- 5 `Corporations Act'. 6 2 Section 30(1), `Corporations Law'-- 7 omit, insert-- 8 `Corporations Act'. 9 3 Section 102(3), from `provider (within' to `that Law)'-- 10 omit, insert-- 11 `provider (within the meaning of the Corporations Act), if the 12 credit provider or subsidiary takes deposits or is a corporation that 13 is a borrower (within the meaning of that Act)'. 14 4 Schedule 1, clause 1(1)-- 15 insert-- 16 `Corporations Act means the Corporations Act 2001 17 (Cwlth).'. 18 5 Schedule 1, clause 1(1), definition insolvent, paragraph 19 (a), `Corporations Law'-- 20 omit, insert-- 21 `Corporations Act'. 22 Page 36

Justice Legislation Amendment Bill 2008 Schedule 6 Schedule 1, clause 1(1), definition insolvent, paragraph 1 (b)-- 2 omit, insert-- 3 `(b) in the case of a corporation--a corporation that is an 4 externally-administered body corporate within the 5 meaning of the Corporations Act.'. 6 7 Schedule 1, clause 1(1), definition retained credit fees 7 and charges, paragraph (a), `Corporations Law'-- 8 omit, insert-- 9 `Corporations Act'. 10 8 Schedule 1, clause 1(2)(a), `Corporations Law'-- 11 omit, insert-- 12 `Corporations Act'. 13 © State of Queensland 2008 Page 37

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