Consumer Credit (Queensland) and Another Act Amendment Act 2007 (Qld)

Queensland Consumer Credit (Queensland) and Another Act Amendment Act 2007 Act No. 18 of 2007

Queensland Consumer Credit (Queensland) and Another Act Amendment Act 2007 Contents Part 1 1 2 Part 2 3 4 Part 3 5 6 7 8 9 10 11 12 13 14 15 16 17 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Consumer Credit Code Code amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 146D (Expiry of Part). . . . . . . . . . . . . . . . . . . . . 4 Amendment of TourismQueenslandAct1979 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 7 (Membership of corporation) . . . . . . . . . . . . . 5 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7A Chairperson and deputy chairperson of the corporation ........................... 6 Amendment of s 8 (Term of appointment of members) . . . . . . . . 6 Omission of s 9 (Observer at corporation’s meetings) . . . . . . . . . 7 Amendment of s 10 (Vacating member’s office). . . . . . . . . . . . . . 7 Amendment of s 12 (Fees and allowances of members) . . . . . . . 7 Insertion of new s 20B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 20B Representative of the chief executive. . . . . . . . . . . . . 8 Amendment of s 24 (Notice of meetings) . . . . . . . . . . . . . . . . . . . 8 Amendment of s 26 (Conduct of corporation’s affairs) . . . . . . . . . 8 Insertion of new s 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 34A Validation of certain appointments . . . . . . . . . . . . . . . 9 Insertion of new pt 5, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 3 Transitional provisions for Consumer Credit (Queensland) and Another Act Amendment Act 2007 43 Continuation of membership of corporation . . . . . . . . 10

Queensland Consumer Credit (Queensland) and Another Act Amendment Act 2007 Act No. 18 of 2007 An Act to amend the Consumer Credit (Queensland) Act 1994 to make changes to the Consumer Credit Code, and to amend the Tourism Queensland Act 1979 [Assented to 23 April 2007]

s1 4 s4 Consumer Credit (Queensland) and Another Act No. 18, 2007 Amendment Act 2007 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Consumer Credit (Queensland) and Another Act Amendment Act 2007 . 2 Commencement Part 2 commences on 29 June 2007. Part 2 Amendment of Consumer Credit Code 3 Code amended in pt 2 This part amends the ConsumerCreditCode set out in the appendix to the Consumer Credit (Queensland) Act 1994 . 4 Amendment of s 146D (Expiry of Part) Section 146D, ‘the fourth anniversary of its commencement’— omit, insert— ‘30 June 2009’.

s5 5 s8 Consumer Credit (Queensland) and Another Act No. 18, 2007 Amendment Act 2007 Part 3 Amendment of Tourism Queensland Act 1979 5 Act amended in pt 3 This part amends the Tourism Queensland Act 1979 . 6 Amendment of s 2 (Definitions) (1) Section 2, definition observer — omit. (2) Section 2— insert— ‘ appointed members see section 7(1)(b). chief executive means the chief executive of the department.’. 7 Amendment of s 7 (Membership of corporation) (1) Section 7(1)— omit, insert— ‘(1) The corporation consists of the following members— (a) the chief executive; (b) not more than 9 persons (the appointed members ) appointed by the Governor in Council.’. (2) Section 7(3), (4) and (5)— omit. 8 Insertion of new s 7A After section 7— insert—

s9 6 s9 Consumer Credit (Queensland) and Another Act No. 18, 2007 Amendment Act 2007 ‘7A Chairperson and deputy chairperson of the corporation ‘(1) The Governor in Council must appoint 1 member of the corporation to be the chairperson, and another member to be the deputy chairperson, of the corporation. ‘(2) A person may be appointed as the chairperson, or deputy chairperson, at the same time the person is appointed as an appointed member. ‘(3) The chairperson or deputy chairperson holds office for the term decided by the Governor in Council. ‘(4) However, a vacancy occurs in the office of chairperson or deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or stops being a member of the corporation. ‘(5) A person resigning the office of chairperson or deputy chairperson may continue to be a member of the corporation. ‘(6) The deputy chairperson is to act as chairperson— (a) during a vacancy in the office of chairperson; or (b) during a period when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.’. 9 Amendment of s 8 (Term of appointment of members) (1) Section 8, heading, before ‘members’— insert— ‘ appointed ’. (2) Section 8(1), ‘A member of the corporation’— omit, insert— ‘An appointed member’. (3) Section 8(2)— omit, insert — ‘(2) If otherwise qualified, an appointed member is eligible for reappointment.’.

s 10 7 s 12 Consumer Credit (Queensland) and Another Act No. 18, 2007 Amendment Act 2007 10 Omission of s 9 (Observer at corporation’s meetings) Section 9— omit. 11 Amendment of s 10 (Vacating member’s office) (1) Section 10, heading, before ‘member’— insert— ‘ appointed ’. (2) Section 10(1), ‘A member of the corporation’— omit, insert— ‘An appointed member’. (3) Section 10(2), ‘a member of the corporation’— omit, insert— ‘an appointed member’. (4) Section 10(3), ‘A member of the corporation shall be’— omit, insert— ‘An appointed member is’. (5) Section 10(4)(a) and (b), ‘a member’— omit, insert— ‘an appointed member’. (6) Section 10(4)(c), before ‘members’— insert— ‘appointed’. 12 Amendment of s 12 (Fees and allowances of members) (1) Section 12(1), ‘member of the corporation’ omit, insert— ‘appointed member’.

s 13 8 s 15 Consumer Credit (Queensland) and Another Act No. 18, 2007 Amendment Act 2007 (2) Section 12(3)— renumber as section 12(2). 13 Insertion of new s 20B Part 2, division 3, before section 21— insert— ‘20B Representative of the chief executive ‘(1) The chief executive may appoint an officer of the department to be a representative of the chief executive at meetings of the corporation. ‘(2) If the chief executive is absent from a meeting of the corporation, the representative may attend the meeting in place of the chief executive and is taken to be a member of the corporation for the meeting. ‘(3) Also, if the chief executive is chairperson, or deputy chairperson, of the corporation, the representative attending a meeting in place of the chief executive is taken to be the chairperson, or deputy chairperson, for the meeting.’. 14 Amendment of s 24 (Notice of meetings) (1) Section 24(1) and (2), ‘and the observer’— omit . (2) Section 24(3), ‘and the observer’— omit , insert— ‘of the corporation’. 15 Amendment of s 26 (Conduct of corporation’s affairs) Section 26(2)(b), ‘and the observer’— omit, insert— ‘of the corporation’.

s 16 9 s 16 Consumer Credit (Queensland) and Another Act No. 18, 2007 Amendment Act 2007 16 Insertion of new s 34A Part 4— insert— ‘34A Validation of certain appointments ‘(1) Subsection (2) applies if before the commencement of this section a person was purportedly appointed as a member for a term and, as a consequence of the term, the person served, or would serve, more than 6 consecutive years as a member. ‘(2) The person is declared to always have been validly appointed as a member for the duration of the term, even though, as a consequence of the term, the person served, or would serve, more than 6 consecutive years as a member. ‘(3) Subsection (4) applies if before the commencement of this section a person was purportedly appointed as chairperson for a term and— (a) at the time of the appointment the person was a member; and (b) the person’s term as a member ended during the person’s term as chairperson. ‘(4) The person is declared to always have been— (a) validly appointed as chairperson for the duration of the person’s term as chairperson, even though the person’s term as a member ended during the person’s term as chairperson; and (b) a member for the duration of the person’s term as chairperson, even though the person’s term as a member ended during the person’s term as chairperson. ‘(5) Anything done or omitted to be done by a person mentioned in subsection (2) or (4) that would have been valid and lawful under this Act had the person been validly appointed or lawfully holding office is declared to always to have been valid and lawful. ‘(6) In this section— chairperson means chairperson of the corporation. member means member of the corporation.

s 17 10 s 17 Consumer Credit (Queensland) and Another Act No. 18, 2007 Amendment Act 2007 term means the designated period for which the person was appointed to hold office.’. 17 Insertion of new pt 5, div 3 Part 5, at the end— insert— ‘Division 3 Transitional provisions for Consumer Credit (Queensland) and Another Act Amendment Act 2007 ‘43 Continuation of membership of corporation ‘Subject to this Act, each member of the corporation holding office immediately before the commencement of this section continues as an appointed member of the corporation for the remainder of the member’s designated term of appointment, including a term of appointment mentioned in section 34A.’. © State of Queensland 2007