Contractors' Trust Accounts Act Amendment Act 1978 (Qld)

216 Qx ansl tnrt ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 24 of 1978 An Act to amend the Contractors ' Trust Accounts Act 1974 in certain particulars [ ASSENTED TO 2ND JUNE, 1978] 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 Contractors' Trust Accounts Act Amendment Act 1978. (2) In this Act the Contractors' Trust Accounts Act1974 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Contractors' Trust Accounts Act1974-1978. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation. 3. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) inserting after the term " bank " and its meaning the following term and meaning:- " " Commissioner " means the Commissioner for Corporate Affairs under the Securities IndustryAct1975 and includes any Deputy or Assistant Commissioner for Corporate Affairs;"; (b) substituting a full stop for the semi-colon occurring at the end of the meaning of the term " money "; (c) omitting the term " Under Secretary " and its meaning.

Contractors' Trust Accounts Act Amendment Act 1978, No. 24 217 4. Amendment of s. 5 . Section 5 of the Principal Act is amended by inserting after subsection (1) the following subsections:- " (lA) An inspector's power to require production by a contractor of accounts (including trust accounts), contracts, agreements, records or other documents pursuant to subsection (1) (b) includes power to require such production at a time and place specified by the inspector. (IB) In the exercise of his power to require a contractor to answer any question or to furnish any information pursuant to subsection (1) (c), an inspector may require a contractor to attend before him at a time and place specified by him to answer any such question or to furnish any such information.". 5. Amendment of s. 6. Section 6 of the Principal Act is amended by- (a) numbering the existing section as subsection (1) by inserting the expression " (1) " after the note to the section; (b) in the said subsection (1)- (i) inserting after paragraph (d) the following paragraph:- " (da) shall not, when required under section 5 by an inspector to attend before him, fail without lawful excuse to so attend in accordance with such requirement;"; (ii) inserting in paragraph (e) after the words " upon demand made " the words " or at a time and place specified by an inspector "; (c) inserting after subsection (1) the following subsection:- " (2) Nothing contained in section 5 or this section requires a person to answer any question or furnish any information tending to incriminate himself.". 6. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) in the note to the section, omitting the words " Under Secretary " and substituting the word " Commissioner "; (b) omitting the words " Under Secretary " and substituting the word " Commissioner ". 7. Amendment of s. 11 . Section 11 of the Principal Act is amended by omitting the words " Under Secretary " where twice occurring and substituting in each case the word " Commissioner ". 8. Amendment of s. 12 . Section 12 of the Principal Act is amended by omitting the words " Under Secretary " and substituting the word " Commissioner ". 9. New s. 14A. The Principal Act is amended by inserting after section 14 the following section:- " 14A. Entries in contractor ' s books deemed made by him. Every entry in any book kept by or belonging to any contractor or found in his premises shall be deemed, until the contrary is shown, to have been made by or with the authority of the contractor.". 67042