Consumer Affairs Act Amendment Act 1989 (Qld)

47 C ON S UMER AFFAIRS AC T A MEND ME NT C. ANALYSIS OF CONTENTS 1. Short title and citation 2. Amendment of s. 19. Functions of Bureau 3. Amendment of s. 23. Aid by Government departments in supplying information 4. Amendment of s. 33. Knowledge of falsity presumed ueenslan ANNO TRICESIMO OCTAVO ELIZABETHAE SECUNDAE R EGINAE No. 7 of 19 8 9 An Act to amend the ConsumerAffairs Act1970-1987 in certain particulars [ASSENTED TO 30TH MARCH, 1989]

48 Consumer Affairs Act Amendment Act 1989, No. 7 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 1989. (2) In this Act, the Consumer Affairs Act 1970-1987 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Consumer Affairs Act 1970-1989. 2. Amendment of s. 19. Functions of Bureau . Section 19 of the Principal Act is amended by (a) in subsection (1) omitting paragraphs (a), (b), (c), (d) and (e) and substituting the following words: "(a) to promote the interests of consumers and persons negotiating or considering the purchase or hire of goods or the acquisition of services as consumers and to assist them to a greater awareness in relation to their assessment and use of goods and services; (b) to collect, examine and disseminate information in respect of matters affecting or likely to affect the interests of consumers or persons negotiating or considering the purchase or hire of goods or the acquisition of services as consumers; (c) to receive and consider complaints concerning matters affecting or likely to affect the interests of consumers or persons negotiating or considering the purchase or hire of goods or the acquisition of services as consumers and, if the Commissioner is of the opinion that such action is warranted, to investigate the complaints and take such action in respect thereof as seems proper to the Commissioner; (d) to investigate fraudulent or deceptive practices in relation to matters that affect or are likely to affect the interests of consumers or persons negotiating or considering the purchase or hire of goods or the acquisition of services as consumers and to take such action in respect of the practices as seems proper to the Commissioner; (e) to advise and assist persons who seek from the Bureau information or guidance on matters affecting or likely to affect their interests as consumers or as persons negotiating or considering the purchase or hire of goods or the acquisition of services as consumers;"; (b) in subsection (2) omitting the word "consumer" where it twice occurs and substituting the word "person". 3. Amendment of s. 23. Aid by Government departments in supplying information . Section 23 of the Principal Act is amended by omitting

Consumer Affairs Act Amendment Act 1989, No. 7 49 the words "Permanent Head" and substituting the words "chief executive". 4. Amendment of s. 33. Knowledge of falsity presumed . Section 33 of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning of the section and substituting the note "Evidence"; "(1)"; (b) inserting before the words "If in a proceeding" the expression (c) inserting at the end of the section the following words:- "(2) For the purposes of sections 31 and 32 where a person makes or publishes a statement or advertisement containing a representation with respect to any future matter (including the doing of, or the refusing to do, any act) and the person does not have reasonable grounds for making the representation, the statement or advertisement shall be deemed to be misleading. In any proceedings for an offence against section 31 and 32 wherein it is alleged that the defendant has made or published a statement or advertisement that is misleading because it contains a representation with respect to a future matter that he did not have reasonable grounds to make, the defendant shall be deemed not to have had reasonable grounds for making the representation unless he adduces evidence to the contrary. This subsection does not limit by implication the meaning of a reference in section 31 or 32 to a misleading statement or advertisement. (3) A reference in this section to a defendant publishing a statement or advertisement includes a reference to his doing any act or taking any step in Queensland to cause the publication outside Queensland of a statement or advertisement.".