Consumer Affairs Act Amendment Act 1985 (Qld)

19 ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 4 of 1985 An Act to amend the ConsumerAffairs Act 1970 -1983 in certain particulars [ASSENTED TO 20TH MARCH. 1985]

20 Consumer Affairs Act Amendment Act 1985, No. 4 BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Consumer Affairs Act Amendment Act 1985. (2) In this Act the ConsumerAffairsAct1970-1983 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the ConsumerAffairs Act1970-1985. 2. Amendment of s. 4 . Definitions . Section 4 of the Principal Act is amended by- (a) before the definition " Australia " inserting the following definition:- Assistant Commissioner " means the Assistant Commissioner for Consumer Affairs appointed for the purposes of this Act;-; (b) after the definition " Australia ", inserting the following definition:- booookkss " includes any record of information, any accounts or accounting records, however compiled, recorded or stored and any papers, documents or writings:"; (c) omitting the definition " Commissioner " and inserting the following definition:- " " Commissioner " means the Commissioner for Consumer Affairs appointed for the purposes of this Act and includes any person directed by the Governor in Council to perform and exercise the duties, obligations, rights and powers of the Commissioner or, if there be no such person, the Assistant Commissioner while he performs for the time being the duties of the Commissioner; "; (d) after the definition " goods " inserting the following definition:- " " have in possession " includes having under control in any place, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual custody of the thing in question;"; (e) in the definition " inspector " after the word " Commissioner " inserting the words ", and the Assistant Commissioner "; (f) in the definition " Minister " omitting the words " Minister for Labour and Tourism or other "; (g) in the definition " trade description " omitting the word " mileage " and substituting the word " distance ".

Consumer Affairs Act Amendment Act 1985, No. 4 21 3. Repeal of and new section 15 . The Principal Act is amended by repealing section 15 and substituting the following section:- " 15. Fees and allowances . (1) Subject to subsection (2), each member of the Council shall be paid such fees and allowances, if any, as the Governor in Council from time to time determines. (2) Fees and allowances provided for in subsection (I) shall not be paid to a member who is an officer of the Public Service of Queensland for attendance at any meeting held during ordinary working hours of that officer.". 4. Amendment of s. 17. Commissioner for Consumer Affairs. Section 17 of the Principal Act is amended by, in the first paragraph, after the words " Commissioner for Consumer Affairs ", inserting the words ", an Assistant Commissioner for Consumer Affairs ". 5. Amendment of s. 20. Power to obtain information . Section 20 of the Principal Act is amended by- (a) in subsection (2) (c), before the word " by " inserting the word at, , (b) after subsection (2) inserting the following subsection:- " (2A) A requisition under subsection (2) that requires information to be furnished or a question to be answered in writing may require the information or answer to be delivered in person or by certified mail or in a manner specified."; (c) in subsection (3) (b) after the word " false " inserting the words " or misleading ". 6. Amendment of s. 23A. Product Safety Committee . Section 23A (2) of the Principal Act is amended by omitting subsection (a) and substituting the following subsection:- " (a) the Commissioner, who shall be a member ex officio;". 7. Amendment of s. 23C. Casual vacancies . Section 23c of the Principal Act is amended by omitting subsection (3). 8. Amendment of s. 23G. Fees and allowances . Section 23G (2) of the Principal Act is amended by inserting after the word " allowances " the words " provided for in subsection (1) ". 9. New s. 23M. The Principal Act is amended by inserting after section 23L the following section:- " 23M. Appointment of deputies . (1) The Minister may at any time appoint a person who is not a member of the Committee to be the deputy of an appointed member. (2) A person appointed as a deputy of an appointed member of the Committee may in the absence of the member whose deputy he is, attend any meeting of the Committee in the stead of that member and whilst so attending shall discharge the functions, exercise the powers and perform the duties of a member of the Committee.".

Consumer Affairs Act Amendment Act 1985, No. 4 10. Amendment of s. 29 . Meaning of " appended ". Section 29 (1) of the Principal Act is amended by, in paragraph (c), omitting the word " mileage " wherever it appears and substituting the word " distance ". 11. Amendment of s. 34. Cash price of goods to be indicated . Section 34 of the Principal Act is amended by-- (a) in subsection (1), after paragraph (a), omitting the expression " , " and substituting the expression and word "; or "; (b) in subsection (2), omitting the words " or provide goods or services (other than such goods or services as are prescribed) " and substituting the words " prescribed goods or to provide prescribed services ". 12. Amendment of s. 36B . Requirements of warranty . Section 36u of the Principal Act is amended by- (a) in paragraph (d) inserting at the end thereof the words " including the designation of an address in Australia to which claims may be sent "; (b) after paragraph (d) inserting the following words:- (e) shall clearly specify the manner in which expenses incurred in connexion with making a claim that the warranty should be honoured are to be borne ". 13. Amendment of s. 43. Offences. Section 43 of the Principal Act is amended by, in subsection (3) (b)- (a) omitting the words "one year" and substituting the words " 2 years "; (b) omitting the words " six months " and substituting the words 12 months ". 14. Amendment of s. 44. Penalties. Section 44 of the Principal Act is amended by- (a) in subsection (1) (a) omitting the expression " $200 " and substituting the expression " $1000 "; (b) in subsection (1) (b) omitting the expression " $500 " and substituting the expression " $2 500 "; (c) in subsection (1) (c) omitting the expression " $1000 " and substituting the expression " $5 000 "; (d) in subsection (2), omitting all the words from and including " Where a person is convicted of an offence against this Act that consists " to the end of the subsection; (e) after subsection (2) inserting the following subsection:- " (2A) Where a person is convicted of an offence against this Act that consists in- (a) the making of a statement in relation to services or the availability or provision of services, in contravention of section 31; or

Consumer Affairs Act Amendment Act 1985, No. 4 23 (b) the publishing of a statement or advertisement or the doing of any act or taking of any step to cause the publication of a statement or advertisement that is of a class calculated to promote the provision of services, in contravention of section 32, the court before which he is convicted, in addition to any penalty or punishment it imposes, may order- (c) that the offender, by or within the time specified in the order, refund to the person aggrieved an amount (specified in the order) equal to the amount paid by the person aggrieved on account of the services in relation to which or the availability or provision of which the statement or advertisement was made or published, as the case may be; (d) that the offender, by or within the time specified in the order, provide the person aggrieved with services that comply with the statement or advertisement made or published, as the case may be, or, if he is unable to provide such services, refund to the person aggrieved any amount (specified in the order) equal to the amount paid by the person aggrieved on account of the services in relation to which or the availability or provision of which the statement or advertisement was made or published as the case may be.". (f) in subsection (3), after the words " section 31 " inserting the words " or section 32 "; (g) in subsection (4)- (i) after the words " subsection (2) " wherever they appear, inserting the words " or (2A) "; (ii) omitting the words " goods, services, accommodation or facilities " wherever they appear and substituting the words " goods or services ". 15. New s. 44A. The Principal Act is amended by inserting after section 44 the following section:- " 44A. Continuing offences. Where a person commits an offence defined in section 20 or section 48A by failing to furnish information, answer a question or produce books or a copy thereof- (a) the obligation to furnish the information, answer the question or produce the books or a copy thereof, as the case may be, continues until he complies with the requirement notwithstanding that in a particular case a time was specified at, by or within which compliance was required and that time has passed; and (b) he shall commit a separate and further offence in respect of each day after the day of conviction during which the failure to comply with the requisition continues and the penalty applicable to each such separate and further offence is $50.".

I 24 Consumer Affairs Act Amendment Act 1985. No. 4 16. Amendment of s, 46 . Evidentiary provisions , Section 46 of the Principal Act is amended by- (a) designating the existing section as subsection (1); (h) in paragraph (a) of subsection (I) as redesignated, after the words " at the time of " inserting the words " or in connexion with "; (c) after paragraph (a) of subsection (1) as redesignated inserting the following paragraph:- " (ai) proof that at the time of or in connexion with the sale of goods or the provision of services, a document, card, label or other thing was signed by a person apparently employed or engaged by the person selling the goods or providing the services, as the case may be, shall be evidence and, unless the contrary is proved, conclusive evidence that the person who made the signature was authorized to do so by the person selling the goods or providing the services as the case may be;"; (d) in paragraph (b) of subsection (1) as redesignated, inserting after the word " Commissioner " wherever it appears the words " and the Assistant Commissioner "; (e) inserting after subsection (1) as redesignated the following subsections:- " (2) In a prosecution for an offence defined in section 25 in respect of the sale of a motor vehicle, evidence that at any time before the sale the distance shown on the odometer was greater than that shown on the odometer at the time of the sale shall be evidence and, unless the contrary is proved, conclusive evidence that a false trade description was appended to the motor vehicle at the time of the sale. (3) In a prosecution for an offence defined in section 20 or section 48A in respect of a failure to furnish information or to answer a question or to produce books or a copy thereof, an allegation or averment in a complaint that a person has failed as required to furnish information, answer a question or produce books or a copy thereof shall be evidence, and unless the contrary is proved, conclusive evidence of the matter so alleged or averred.". 17. New s. 48A. The Principal Act is amended by inserting after section 48 the following section:- " 48A. Production of books. (1) Where an inspector has reason to believe that a person has in his possession books which are relevant to any matter under this Act, he may require that person to produce the books or a copy thereof. (2) The requisition provided for in subsection (1) may specify that the books or a copy thereof must be produced- (a) at a place specified therein; (b) to an inspector or officer of the Bureau specified therein; (c) at, by or within a time specified therein; ( d) in person , or by certified mail or in a manner specified.

Consumer Affairs Act Amendment Act 1985, No. 4 25 (3) A person who fails to produce books or a copy thereof as required commits an offence. (4) Where a person records or stores any matter by means of a mechanical, electronic or other device, the duty imposed by this section to produce any books containing those matters shall be construed as a duty to produce the matters in written form. The duty imposed by this section to produce a copy of any books shall be construed as a duty to produce a clear reproduction in writing. (5) An inspector or officer of the Bureau may take notes or copies of or extracts from books or a copy thereof produced under this section.". 18. Amendment of s. 49 . Obstruction . etc., of inspector . Section 49 of the Principal Act is amended by omitting, paragraphs (c), (d) and (e) and redesignating paragraph (f) as paragraph (c). 19. Amendment of s. 50. Preservation of secrecy . Section 50 (2) (b) of the Principal Act is amended by, after the words " against this Act ", inserting the words " or any other Act ". 20. Amendment of s. 50A. Service of documents. Section 50A (1) of the Principal Act is amended by- (a) in paragraph (a)- (i) after the words " the same has been " inserting the words " left at or "; (ii) omitting the words " was sent " and substituting the words was left or sent as the case may be ". (b) in paragraph (b), inserting before the words " that the notice " appearing at the commencement of that paragraph, the words " in a case where the notice, requisition or other document was sent by pre-paid certified mail in accordance with paragraph (a),". 2