Justice (Fair Trading) Legislation Amendment Act 2008 (Qld)

Queensland Justice (Fair Trading) Legislation Amendment Act 2008 Act No. 69 of 2008

Queensland Justice (Fair Trading) Legislation Amendment Act 2008 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 Part 3 9 10 Part 4 11 12 13 14 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of Body Corporate and CommunityManagement Act 1997 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s 229 (Exclusivity of dispute resolution provisions) .............................. 8 Amendment of s 266A (Application of pt 9 to agreement referred for consent order) ............................... 9 Amendment of s 271 (Investigative powers of adjudicator) . . . . . 9 Amendment of s 289 (Right to appeal to District Court or CCT) . 9 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of Churches of Christ, Scientist, IncorporationAct1964 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Insertion of new ss 7A and 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7A Winding-up of the Second Church of Christ, Scientist, Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7B Provision for the winding-up of other churches . . . . . 11 Amendment of Commercial and Consumer Tribunal Act2003 Act amended in pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 12 Replacement of s 41 (Service of documents) . . . . . . . . . . . . . . . 12 41 Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . 12 Insertion of new s 43A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 43A Substituted service . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 53 (Inclusion of parties). . . . . . . . . . . . . . . . . . . 13

Justice (Fair Trading) Legislation Amendment Act 2008 Contents 15 16 17 18 19 20 21 Part 5 22 23 Part 6 24 25 26 27 28 29 Part 7 30 31 32 33 34 35 36 37 38 Amendment of s 92 (When decision takes effect) . . . . . . . . . . . . Amendment of s 93 (Registration and enforcement of decisions) Amendment of s 95 (Reopening an order if party does not appear) ..................................... Amendment of s 100 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 114 (Hearing of proceedings) . . . . . . . . . . . . . . Insertion of new pt 9, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Transitional provision for Justice (Fair Trading) Legislation Amendment Act 2008 169 Registration of tribunal decisions . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Fair Trading Act 1989 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 91L (Register of undertakings) . . . . . . . . . . . . . Amendment of IntroductionAgentsAct2001 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 19 (Application for licence) . . . . . . . . . . . . . . . . Amendment of s 23 (Inquiries about applicant’s suitability to hold licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 23A and 23B . . . . . . . . . . . . . . . . . . . . . . . . . 23A Costs of criminal history report. . . . . . . . . . . . . . . . . . 23B Confidentiality of criminal history . . . . . . . . . . . . . . . . Amendment of s 25 (Renewal of licence). . . . . . . . . . . . . . . . . . . Amendment of s 26 (Grounds for suspending, cancelling, refusing to renew or imposing conditions on a licence) . . . . . . . . Amendment of Partnership Act 1891 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 70 (Definitions for ch 4) . . . . . . . . . . . . . . . . . . . Amendment of s 75 (Who may apply for registration) . . . . . . . . . Amendment of s 76 (How is an application made) . . . . . . . . . . . . Amendment of s 83 (Powers of partnership) . . . . . . . . . . . . . . . . Amendment of s 87 (Limited partner not to take part in the management of the incorporated limited partnership) . . . . . . . . . Amendment of s 97 (Winding up on chief executive’s certificate) Amendment of s 109 (Lodgment of certain documents with the chief executive). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 14 14 14 15 15 15 16 16 16 16 17 17 17 18 18 19 19 19 20 20 20 20 20 21 21 Page 2 2008 Act No. 69

Part 8 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Justice (Fair Trading) Legislation Amendment Act 2008 Contents Amendment of Property Agents and Motor Dealers Act 2000 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Exemption—public officials) . . . . . . . . . . . . . Amendment of s 21 (Steps involved in obtaining a licence) . . . . . Amendment of s 22 (Application for licence) . . . . . . . . . . . . . . . . Amendment of s 32 (Investigations about suitability of applicants and licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32A Costs of criminal history report. . . . . . . . . . . . . . . . . . Amendment of s 33 (Criminal history is confidential document) . Amendment of s 57 (Application for renewal). . . . . . . . . . . . . . . . Amendment of s 60 (Application for restoration) . . . . . . . . . . . . . Amendment of s 64 (Appointment of substitute licensee—principal licensee—individual) . . . . . . . . . . . . . . . . . . . Amendment of s 65 (Appointment of substitute licensee—employed licensee in charge of a licensee’s business at a place) ..................................... Amendment of s 66 (Appointment of substitute licensee—pastoral house manager in charge of a licensee’s business at a place) ............................. Amendment of s 67 (Chief executive may appoint or refuse to appoint substitute licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 74 (Immediate suspension). . . . . . . . . . . . . . . . Amendment of s 84 (Application for registration) . . . . . . . . . . . . . Amendment of s 87 (Investigations about suitability of applicants) ................................. Insertion of new s 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87A Costs of criminal history report. . . . . . . . . . . . . . . . . . Amendment of s 88 (Criminal history is confidential document) . Amendment of s 94 (Application for renewal). . . . . . . . . . . . . . . . Amendment of s 97 (Application for restoration) . . . . . . . . . . . . . Amendment of s 104 (Immediate suspension). . . . . . . . . . . . . . . Amendment of s 410 (Agreements with financial institutions) . . . Amendment of s 469 (Definitions for ch 14) . . . . . . . . . . . . . . . . . Amendment of s 477 (Inspector may investigate claims and prepare report) ............................... Amendment of s 485 (Registrar to fix hearing date and issue attendance notices) .......................... 21 21 21 22 22 23 23 24 24 24 25 26 26 26 27 27 27 27 28 28 28 29 29 30 30 30 30 2008 Act No. 69 Page 3

Justice (Fair Trading) Legislation Amendment Act 2008 Contents 64 65 Part 9 66 67 68 69 70 71 72 Part 10 73 74 75 76 77 78 Part 11 79 80 81 82 83 84 85 86 Amendment of s 496 (Grounds for starting disciplinary proceedings) ............................... Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Residential Services (Accreditation) Act 2002 Act amended in pt 9 and schedule . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10 (Application for registration) . . . . . . . . . . . . . Amendment of s 15 (Cancellation of registration by chief executive) .................................. Amendment of s 24 (Obtaining criminal history report) . . . . . . . . Insertion of new s 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24A Costs of criminal history report. . . . . . . . . . . . . . . . . . Amendment of s 27 (Destruction of criminal history report) . . . . . Amendment of s 61 (Becoming a service provider) . . . . . . . . . . . Amendment of RetirementVillagesAct1999 Act amended in pt 10 and schedule . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 27 (Application for registration of a retirement village scheme) ............................... Amendment of s 88A (Investigations about scheme operators etc.) .................................... Insertion of new s 88AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88AA Costs of criminal history report. . . . . . . . . . . . . . . . . . Amendment of s 88B (Criminal history is confidential document) Amendment of s 90C (Responsibility of former resident for capital improvement) ......................... Amendment of Second-hand Dealers and Pawnbrokers Act2003 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 8 (Investigations about suitability of applicants and licensees) ................................ Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A Costs of criminal history report. . . . . . . . . . . . . . . . . . Amendment of s 9 (Criminal history is a confidential document) . Amendment of s 10 (Application for licence) . . . . . . . . . . . . . . . . Amendment of s 13 (Renewal of licence). . . . . . . . . . . . . . . . . . . Amendment of s 14 (Restoration of licence) . . . . . . . . . . . . . . . . Amendment of s 19 (Grounds for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence) 31 31 31 32 32 32 33 33 33 34 34 35 35 35 35 36 36 37 37 37 37 38 38 39 39 40 Page 4 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Contents Part 12 87 88 89 90 91 92 93 94 95 Part 13 96 97 98 99 100 101 102 Part 14 103 104 105 106 Part 15 107 Schedule Amendment of Security Providers Act 1993 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10 (Application) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 11 (Entitlement to licences—individuals) . . . . . Insertion of new s 12AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12AA Costs of criminal history report. . . . . . . . . . . . . . . . . . Amendment of s 20 (Renewal of licence). . . . . . . . . . . . . . . . . . . Amendment of s 21 (Grounds for suspension, cancellation or refusal to renew) .............................. Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 6 Declaratory provision 64 Declaratory provision for s 29. . . . . . . . . . . . . . . . . . . Amendment of sch 1, pt 1 (Existing provisions) . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of TourismServicesAct2003 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 11 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 15 (Inquiries about applicant’s suitability to hold registration). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15A Costs of criminal history report. . . . . . . . . . . . . . . . . . Amendment of s 20 (Application for registration) . . . . . . . . . . . . . Amendment of s 22 (Application for renewal of registration) . . . . Amendment of s 82 (Grounds for starting disciplinary proceedings) ............................. Amendment of Travel Agents Act 1988 Act amended in pt 14 and schedule . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (Application for a licence) . . . . . . . . . . . . . . . Insertion of new ss 15A–15C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15A Investigation of applicants . . . . . . . . . . . . . . . . . . . . . 15B Costs of criminal history report. . . . . . . . . . . . . . . . . . 15C Confidentiality of criminal history . . . . . . . . . . . . . . . . Other minor amendments Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BodyCorporateandCommunityManagementAct1997. . . . . . . 40 40 40 41 41 42 42 42 42 43 43 44 44 44 45 45 45 46 47 47 47 47 48 48 49 49 50 51 51 2008 Act No. 69 Page 5

Justice (Fair Trading) Legislation Amendment Act 2008 Contents Building Units and Group Titles Act 1980. . . . . . . . . . . . . . . . . . . Commercial and Consumer Tribunal Act 2003 . . . . . . . . . . . . . . . Liens on Crops of Sugar Cane Act 1931 . . . . . . . . . . . . . . . . . . . Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . Retail Shop Leases Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . RetirementVillagesAct1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . TravelAgentsAct1988. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 52 52 52 53 53 54 Page 6 2008 Act No. 69

Queensland Justice (Fair Trading) Legislation Amendment Act 2008 Act No. 69 of 2008 An Act to amend the Body Corporate and Community Management Act1997, the Building Units and Group Titles Act 1980, the Churches of Christ,Scientist, Incorporation Act 1964, the Commercial and Consumer TribunalAct 2003, the Fair Trading Act 1989, the Introduction Agents Act 2001, the Liens on Crops of Sugar Cane Act 1931, the Partnership Act 1891, the Property Agents and Motor Dealers Act 2000, the Residential Services(Accreditation) Act 2002, the Retail Shop Leases Act 1994, the RetirementVillages Act 1999, the Second-hand Dealers and Pawnbrokers Act 2003, the Security Providers Act 1993, the Tourism Services Act 2003 and the TravelAgents Act 1988 for particular purposes [Assented to 11 December 2008]

Justice (Fair Trading) Legislation Amendment Act 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Justice (Fair Trading) Legislation Amendment Act 2008 . 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Amendment of Body Corporate and Community Management Act 1997 3 Act amended in pt 2 and schedule This part and the schedule amend the BodyCorporateandCommunity Management Act 1997. 4 Amendment of s 229 (Exclusivity of dispute resolution provisions) Section 229(5)— omit . Page 8 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 5] 5 Amendment of s 266A (Application of pt 9 to agreement referred for consent order) (1) Section 266A(3)(e)— omit . (2) Section 266A(3)(d)— renumber as section 266A(3)(e). (3) Section 266A(3)— insert — ‘(d) a reference in sections 271 and 273 to an affected person were a reference to an affected person for the application that resulted in the agreement; and’. 6 Amendment of s 271 (Investigative powers of adjudicator) (1) Section 271(5), ‘if asked’— omit, insert — ‘as requested’. (2) Section 271(5)(b), before ‘give’— insert — ‘in accordance with the request,’. 7 Amendment of s 289 (Right to appeal to District Court or CCT) Section 289(1)(d)(i), ‘288A’— omit, insert — ‘288A, definition order ’. 8 Amendment of sch 6 (Dictionary) Schedule 6, definition complex dispute , paragraph (b), ‘129,’— omit . 2008 Act No. 69 Page 9

Justice (Fair Trading) Legislation Amendment Act 2008 Part 3 Amendment of Churches of Christ, Scientist, Incorporation Act 1964 [s 9] Part 3 Amendment of Churches of Christ, Scientist, Incorporation Act 1964 9 Act amended in pt 3 This part amends the ChurchesofChrist,Scientist,Incorporation Act 1964. 10 Insertion of new ss 7A and 7B After section 7— insert — ‘7A Winding-up of the Second Church of Christ, Scientist, Brisbane ‘(1) The Second Church of Christ, Scientist, Brisbane (the second church ) is dissolved. ‘(2) The dissolution of the second church is taken to be a winding-up of an incorporated association under the Associations Incorporation Act 1981 , section 90 and section 91(2) and (3) of that Act applies to the dissolution as if the second church were wound-up by the Supreme Court under section 90. ‘(3) The following are vested in the First Church of Christ, Scientist, Brisbane— (a) all real and personal property belonging to or held in trust for the second church immediately before the commencement of this section; and (b) all the second church’s rights and obligations as in force immediately before the commencement. ‘(4) All legal proceedings that might have been started or continued by or against the second church immediately before the commencement may be started or continued against the First Church of Christ, Scientist, Brisbane. Page 10 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 3 Amendment of Churches of Christ, Scientist, Incorporation Act 1964 [s 10] ‘(5) The chief executive must, to the extent applicable, ask the registrar of titles to record the vesting of any property under subsection (3). ‘(6) The registrar of titles must, on the chief executive’s request, record the vesting in the freehold land register. ‘(7) No fee is payable for recording the vesting under subsection (6). ‘7B Provision for the winding-up of other churches ‘(1) A church is an incorporated association and may be wound-up under part 10. ‘(2) Despite the Associations Incorporation Act 1981 , section 92, if a church is wound-up under part 10, a regulation may provide for the vesting of surplus assets of the church. ‘(3) In this section— church means any of the following if in existence at any time after the day after the commencement of this section— (a) a church mentioned in section 2, other than the Second Church of Christ, Scientist, Brisbane; (b) a church incorporated under section 4. part 10 means the Associations Incorporation Act 1981 , part 10. surplus assets see the AssociationsIncorporationAct1981 , section 92.’. 2008 Act No. 69 Page 11

Justice (Fair Trading) Legislation Amendment Act 2008 Part 4 Amendment of Commercial and Consumer Tribunal Act 2003 [s 11] Part 4 Amendment of Commercial and Consumer Tribunal Act 2003 11 Act amended in pt 4 and schedule This part and the schedule amend the CommercialandConsumer Tribunal Act 2003 . 12 Replacement of s 41 (Service of documents) Section 41— omit, insert— ‘41 Service of documents ‘(1) A document may be served under this Act, or under an empowering Act for the purposes of this Act— (a) for a document to be served on a licensee—by leaving it at, or sending it to, the licensee’s address in the register of licences under the relevant empowering Act; or (b) whether or not paragraph (a) applies—as stated in this Act. ‘(2) If personal service of a document is required under this Act, or under an empowering Act for the purposes of this Act, personal service may be effected in the same way as an originating process that is required to be served personally under the Uniform Civil Procedure Rules 1999 may be served. ‘(3) Subsection (1) does not limit the Acts Interpretation Act 1954 , section 39 or a provision of a relevant empowering Act providing for the service of documents.’. 13 Insertion of new s 43A After section 43— insert — Page 12 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 4 Amendment of Commercial and Consumer Tribunal Act 2003 [s 14] ‘43A Substituted service ‘(1) If, for any reason, it is impracticable to serve a document in the way required under section 41, or under an empowering Act for the purposes of this Act, the tribunal may make an order substituting another way of serving the document. ‘(2) The tribunal may, in the order, state the steps to be taken, instead of service, for bringing the document to the attention of the person to be served. ‘(3) The tribunal may, in the order, specify that the document is to be taken to have been served on the happening of a stated event or at the end of a stated time. ‘(4) The tribunal may make an order under this section even though the person to be served is not in Queensland or was not in Queensland when the proceeding started.’. 14 Amendment of s 53 (Inclusion of parties) Section 53(2), after ‘initiative’— insert— ‘or, for a fund claim, on the application of the chief executive (PAMDA)’. 15 Amendment of s 92 (When decision takes effect) Section 92— insert— ‘(d) if the proceeding involves a fund claim and paragraph (a) does not apply—when the decision is published.’. 16 Amendment of s 93 (Registration and enforcement of decisions) (1) Section 93(1), after ‘A party’— insert— ‘or, for a fund claim, the chief executive (PAMDA),’. 2008 Act No. 69 Page 13

Justice (Fair Trading) Legislation Amendment Act 2008 Part 4 Amendment of Commercial and Consumer Tribunal Act 2003 [s 17] (2) Section 93(1)(b), after ‘the party’s’— insert— ‘or, for a fund claim, the chief executive (PAMDA)’s’. (3) Section 93— insert— ‘(1A) It is sufficient compliance with subsection (1)(b)(i) if the party’s affidavit states that service of the decision was effected on the person against whom the decision was given by substituted service in the way stated by the tribunal in a stated order.’. 17 Amendment of s 95 (Reopening an order if party does not appear) Section 95(2)— omit, insert— ‘(2) An application under this section must be made— (a) if the order involves a fund claim and is an order that must be published under section 91(1)(c)—within 14 days after the order is published; or (b) otherwise—within 14 days after the order is served on the entity.’. 18 Amendment of s 100 (Appeals) Section 100(2), from ‘chief executive’ to ‘administered’— omit, insert— ‘chief executive (PAMDA)’. 19 Amendment of s 114 (Hearing of proceedings) Section 114— insert— Page 14 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 4 Amendment of Commercial and Consumer Tribunal Act 2003 [s 20] ‘(3A) If the matter involves a fund claim, the chief executive (PAMDA) may also make submissions to the tribunal, including submissions about liability for the claimant’s financial loss. Note — See Property Agents and Motor Dealers Act 2000 , sections 490 and 530 about who is liable for a claimant’s loss.’. 20 Insertion of new pt 9, div 3 Part 9— insert— ‘Division 3 Transitional provision for Justice (Fair Trading) Legislation Amendment Act 2008 ‘169 Registration of tribunal decisions ‘(1) This section applies to a decision of the tribunal involving a fund claim. ‘(2) The chief executive (PAMDA) may register the decision as provided under section 93 as in force after the commencement of this section even though the decision was given before the commencement.’. 21 Amendment of sch 2 (Dictionary) Schedule 2— insert— ‘ chief executive (PAMDA) means the chief executive of the department in which the Property Agents and Motor DealersAct 2000 is administered. fund claim means a claim against the claim fund established under the PropertyAgentsandMotorDealersAct2000 , section 408.’. 2008 Act No. 69 Page 15

Justice (Fair Trading) Legislation Amendment Act 2008 Part 5 Amendment of Fair Trading Act 1989 [s 22] Part 5 Amendment of Fair Trading Act 1989 22 Act amended in pt 5 This part amends the Fair Trading Act 1989. 23 Amendment of s 91L (Register of undertakings) Section 91L— insert — ‘(4) The commissioner may publish the information contained in the register on the department’s web site.’. Part 6 Amendment of Introduction Agents Act 2001 24 Act amended in pt 6 This part amends the Introduction Agents Act 2001 . 25 Amendment of s 19 (Application for licence) (1) Section 19(2)(c)— omit, insert— ‘(c) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 23A(1)—the amount of the costs required to be paid.’. Page 16 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 6 Amendment of Introduction Agents Act 2001 [s 26] (2) Section 19— insert— ‘(6) A requirement mentioned in subsection (2)(c)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. 26 Amendment of s 23 (Inquiries about applicant’s suitability to hold licence) (1) Section 23(2), ‘written’— omit. (2) Section 23(4), from ‘offence’— omit, insert— ‘offence.’. (3) Section 23(4)— renumber as section 23(5). (4) Section 23— insert— ‘(4) If the criminal history of the applicant or the named associated person includes a conviction recorded against the applicant or the named associated person, the commissioner’s report must be written.’. 27 Insertion of new ss 23A and 23B After section 23— insert— ‘23A Costs of criminal history report ‘(1) The chief executive may require an applicant to pay the reasonable, but no more than actual, costs of obtaining a report under section 23 about the applicant or an associated person of the applicant. 2008 Act No. 69 Page 17

Justice (Fair Trading) Legislation Amendment Act 2008 Part 6 Amendment of Introduction Agents Act 2001 [s 28] ‘(2) The chief executive must refund to the applicant an amount paid under the requirement if— (a) the chief executive refuses the application without asking for the report; or (b) the applicant withdraws the application before the chief executive asks for the report. ‘(3) In this section— applicant includes proposed applicant. ‘23B Confidentiality of criminal history ‘(1) A public service employee performing functions under this Act must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 23. Maximum penalty—100 penalty units. ‘(2) However, the person does not contravene subsection (1) if— (a) disclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or in relation to this Act; or (b) the disclosure is otherwise required or permitted by law. ‘(3) The chief executive must destroy a written report about a person’s criminal history as soon as practicable after considering the person’s suitability to hold a licence.’. 28 Amendment of s 25 (Renewal of licence) (1) Section 25(2)(c)— omit, insert— ‘(c) be accompanied by— (i) the application fee prescribed under a regulation; and Page 18 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 7 Amendment of Partnership Act 1891 [s 29] (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 23A(1)—the amount of the costs required to be paid.’. (2) Section 25— insert— ‘(6) A requirement mentioned in subsection (2)(c)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. 29 Amendment of s 26 (Grounds for suspending, cancelling, refusing to renew or imposing conditions on a licence) Section 26(a), from ‘licence’ to ‘incorrect’— omit, insert— ‘licence, or a renewal of the licence, was obtained because of materially incorrect’. Part 7 Amendment of Partnership Act 1891 30 Act amended in pt 7 This part amends the Partnership Act 1891 . 31 Amendment of s 70 (Definitions for ch 4) Section 70— insert— ‘ ESVCLP means an ESVCLP within the meaning of the Venture Capital Act 2002 (Cwlth).’. 2008 Act No. 69 Page 19

Justice (Fair Trading) Legislation Amendment Act 2008 Part 7 Amendment of Partnership Act 1891 [s 32] 32 Amendment of s 75 (Who may apply for registration) Section 75(2)(a)(i) and (ii), after ‘VCLP’— insert— ‘, ESVCLP’. 33 Amendment of s 76 (How is an application made) Section 76(4)(c) and (d), after ‘VCLP’— insert— ‘, ESVCLP’. 34 Amendment of s 83 (Powers of partnership) Section 83(3), after ‘VCLP’— insert— ‘, ESVCLP’. 35 Amendment of s 87 (Limited partner not to take part in the management of the incorporated limited partnership) Section 87(3)(l), after ‘VCLP’— insert— ‘, ESVCLP’. 36 Amendment of s 97 (Winding up on chief executive’s certificate) Section 97(1)(b), after ‘VCLP’— insert— ‘, ESVCLP’. Page 20 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 37] 37 Amendment of s 109 (Lodgment of certain documents with the chief executive) Section 109(1) and (3)(a), after ‘VCLP’— insert— ‘, ESVCLP’. 38 Amendment of sch (Dictionary) Schedule— insert— ‘ ESVCLP , for chapter 4, see section 70.’. Part 8 Amendment of Property Agents and Motor Dealers Act 2000 39 Act amended in pt 8 This part amends the Property Agents and Motor Dealers Act2000 . 40 Amendment of s 5 (Exemption—public officials) Section 5(3), definition bailiff , ‘ District Court Act 1967 ’— omit, insert— ‘ District Court of Queensland Act 1967 ’. 41 Amendment of s 21 (Steps involved in obtaining a licence) Section 21(2)(b)— omit, insert— ‘(b) paying— 2008 Act No. 69 Page 21

Justice (Fair Trading) Legislation Amendment Act 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 42] (i) the fees prescribed under a regulation; and (ii) if, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid; and’. 42 Amendment of s 22 (Application for licence) (1) Section 22(2)(c)— renumber as section 22(2)(d). (2) Section 22(2)— insert— ‘(c) if, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid; and’. 43 Amendment of s 32 (Investigations about suitability of applicants and licensees) (1) Section 32(1)(b) and (c)— renumber as section 32(1)(c) and (d). (2) Section 32(1)— insert— ‘(b) if the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction;’. (3) Section 32(2), ‘written’— omit. (4) Section 32— insert— Page 22 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 44] ‘(5) If the criminal history of the person includes a conviction recorded against the person, the commissioner’s report must be written. ‘(6) In this section— applicant includes a nominated person mentioned in section 64(3), 65(4) or 66(4).’. 44 Insertion of new s 32A After section 32— insert— ‘32A Costs of criminal history report ‘(1) The chief executive may require an applicant or licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 32 about— (a) the applicant or licensee; or (b) if the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant or licensee intends carrying on, or carries on, business in partnership or in conjunction; or (c) if the applicant or licensee is a corporation—the corporation’s executive officers; or (d) a business associate of the applicant or licensee; or (e) if the applicant has made an application under section 64(3), 65(4) or 66(4)—the person nominated by the applicant under section 64(3), 65(4) or 66(4). ‘(2) The requirement is a criminal history costs requirement . ‘(3) The requirement is sufficiently made of the applicant or licensee if it is made generally of applicants of that type in the relevant approved form or notified on the department’s web site for applicants or licensees of that type. 2008 Act No. 69 Page 23

Justice (Fair Trading) Legislation Amendment Act 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 45] ‘(4) The chief executive must refund to an applicant an amount paid under the requirement if— (a) the chief executive refuses the application without asking for the report; or (b) the applicant withdraws the application before the chief executive asks for the report. ‘(5) In this section— applicant includes proposed applicant.’. 45 Amendment of s 33 (Criminal history is confidential document) (1) Section 33, heading— omit, insert— ‘33 Confidentiality of criminal history’. (2) Section 33(3), ‘the report’— omit, insert— ‘a written report about a person’s criminal history’. 46 Amendment of s 57 (Application for renewal) (1) Section 57(2)(d)— insert— ‘(iv) if, before or when the application is made, a criminal history costs requirement is made of the licensee—the amount of the costs required to be paid.’. (2) Section 57(4A) to (6)— renumber as section 57(5) to (7). 47 Amendment of s 60 (Application for restoration) (1) Section 60(1), ‘the licensee’— Page 24 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 48] omit, insert— ‘the person ( former licensee )’. (2) Section 60(3), (4A) before ‘licensee’— insert— ‘former’. (3) Section 60(2)(d) and (6), definition relevant audit period , before ‘licensee’s’— insert— ‘former’. (4) Section 60(2)(e)(iv), from ‘licensee’ to ‘licensee’s’— omit, insert— ‘former licensee was required as a condition of the former licensee’s’. (5) Section 60(2)(e)— insert— ‘(v) if, before or when the application is made, a criminal history costs requirement is made of the former licensee—the amount of the costs required to be paid.’. (6) Section 60(5), before ‘licensee’, first and second mentions— insert— ‘former’. 48 Amendment of s 64 (Appointment of substitute licensee—principal licensee—individual) Section 64(5)(c)— omit, insert— ‘(c) the application fee prescribed under a regulation; and 2008 Act No. 69 Page 25

Justice (Fair Trading) Legislation Amendment Act 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 49] (d) if, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.’. 49 Amendment of s 65 (Appointment of substitute licensee—employed licensee in charge of a licensee’s business at a place) Section 65(5)(c)— omit, insert— ‘(c) the application fee prescribed under a regulation; and (d) if, before or when the application is made, a criminal history costs requirement is made of the principal licensee—the amount of the costs required to be paid.’. 50 Amendment of s 66 (Appointment of substitute licensee—pastoral house manager in charge of a licensee’s business at a place) Section 66(5)(c)— omit, insert— ‘(c) the application fee prescribed under a regulation; and (d) if, before or when the application is made, a criminal history costs requirement is made of the pastoral house—the amount of the costs required to be paid.’. 51 Amendment of s 67 (Chief executive may appoint or refuse to appoint substitute licensee) Section 67(2)(a), after ‘is’— insert— ‘, under part 4,’. Page 26 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 52] 52 Amendment of s 74 (Immediate suspension) Before section 74(1)(a)— insert— ‘(aa) the chief executive considers, on reasonable grounds, that a licensee’s licence was obtained, or renewed or restored, because of materially incorrect or misleading information; or’. 53 Amendment of s 84 (Application for registration) (1) Section 84(2)(c)— renumber as section 84(2)(d). (2) Section 84(2)— insert— ‘(c) if, before or when the application is made, a criminal history costs requirement is made of the applicant—the amount of the costs required to be paid; and’. 54 Amendment of s 87 (Investigations about suitability of applicants) (1) Section 87(2), ‘written’— omit. (2) Section 87— insert— ‘(5) If the criminal history of the applicant includes a conviction recorded against the applicant, the commissioner’s report must be written.’. 55 Insertion of new s 87A After section 87— insert— 2008 Act No. 69 Page 27

Justice (Fair Trading) Legislation Amendment Act 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 56] ‘87A Costs of criminal history report ‘(1) The chief executive may require an applicant to pay the reasonable, but no more than actual, costs of obtaining a report under section 87 about the applicant. ‘(2) The requirement is a criminal history costs requirement . ‘(3) The requirement is sufficiently made of the applicant if it is made generally of applicants for, or for the renewal or restoration of, registration in the relevant approved form or notified on the department’s web site for applications of that type. ‘(4) The chief executive must refund to the applicant an amount paid under the requirement if— (a) the chief executive refuses the application without asking for the report; or (b) the applicant withdraws the application before the chief executive asks for the report. ‘(5) In this section— applicant includes proposed applicant.’. 56 Amendment of s 88 (Criminal history is confidential document) (1) Section 88, heading— omit, insert— ‘88 Confidentiality of criminal history’. (2) Section 88(3), ‘the report’— omit, insert— ‘a written report about a person’s criminal history’. 57 Amendment of s 94 (Application for renewal) Section 94(2)(d)— insert— Page 28 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 58] ‘(iii) if, before or when the application is made, a criminal history costs requirement is made of the registered employee—the amount of the costs required to be paid.’. 58 Amendment of s 97 (Application for restoration) (1) Section 97(1), ‘the employee’— omit, insert— ‘the person ( former employee )’. (2) Section 97(2)(d), ‘the employee’— omit, insert— ‘former employee’. (3) Section 97(2)(e)— insert— ‘(iv) if, before or when the application is made, a criminal history costs requirement is made of the former employee—the amount of the costs required to be paid.’. (4) Section 97(3), ‘the applicant’— omit, insert— ‘the former employee’. 59 Amendment of s 104 (Immediate suspension) Before section 104(1)(a)— insert— ‘(aa) a registered employee’s registration certificate, or a renewal or restoration of the registration certificate, was obtained because of materially incorrect or misleading information; or’. 2008 Act No. 69 Page 29

Justice (Fair Trading) Legislation Amendment Act 2008 Part 8 Amendment of Property Agents and Motor Dealers Act 2000 [s 60] 60 Amendment of s 410 (Agreements with financial institutions) Section 410(2)— omit, insert— ‘(2) The chief executive may enter into an agreement only with the Minister’s approval.’. 61 Amendment of s 469 (Definitions for ch 14) Section 469, definition complaint — omit, insert— ‘ complaint , for a marketeer proceeding, see section 500B(1).’. 62 Amendment of s 477 (Inspector may investigate claims and prepare report) (1) Section 477, heading— omit, insert— ‘477 Inspector may investigate claims and report and related documents may be referred to the tribunal’. (2) Section 477— insert— ‘(4) The chief executive may also give documents relating to the claim to the claimant and the respondent ( the parties ) and, if the claim is to be decided by the tribunal, to the chairperson of the tribunal whether or not a report is given to the parties and the tribunal under subsection (3).’. 63 Amendment of s 485 (Registrar to fix hearing date and issue attendance notices) Section 485(3), after ‘respondent’— insert— ‘personally’. Page 30 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 9 Residential Services (Accreditation) Act 2002 [s 64] 64 Amendment of s 496 (Grounds for starting disciplinary proceedings) Section 496(1)(e), after ‘a licence’— insert— ‘or registration certificate’. 65 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition approved financial institution— omit. (2) Schedule 2— insert — ‘ approved financial institution means a financial institution that has entered into an agreement with the chief executive under section 410. criminal history costs requirement see— (a) generally for an applicant or licensee—section 32A(2); or (b) for an applicant for, or for the renewal or restoration of, registration—section 87A(2).’. (3) Schedule 2, definition former licensee , paragraph (b), ‘part 3,’— omit. Part 9 Residential Services (Accreditation) Act 2002 66 Act amended in pt 9 and schedule This part and the schedule amend the ResidentialServices(Accreditation) Act 2002. 2008 Act No. 69 Page 31

Justice (Fair Trading) Legislation Amendment Act 2008 Part 9 Residential Services (Accreditation) Act 2002 [s 67] 67 Amendment of s 10 (Application for registration) (1) Section 10(2)(e)— omit, insert— ‘(e) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 24A(1)—the amount of the costs required to be paid.’. (2) Section 10— insert— ‘(6) A requirement mentioned in subsection (2)(e)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. 68 Amendment of s 15 (Cancellation of registration by chief executive) Before section 15(1)(a)— insert— ‘(aa) the registration of the residential service, or the registration under section 61 of a person as a service provider for the registered service, was obtained because of materially incorrect or misleading information; or’. 69 Amendment of s 24 (Obtaining criminal history report) (1) Section 24(2), from ‘criminal’ to ‘person’— omit, insert— ‘report about the criminal history of the person’. Page 32 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 9 Residential Services (Accreditation) Act 2002 [s 70] (2) Section 24— insert— ‘(4) If the criminal history of the person includes a conviction recorded against the person, the report must be written.’. 70 Insertion of new s 24A After section 24— insert— ‘24A Costs of criminal history report ‘(1) The chief executive may require a service provider or an applicant to pay the reasonable, but no more than actual, costs of obtaining a report under section 24 about— (a) the service provider or the applicant; or (b) a person the chief executive reasonably considers is an associate of the service provider or the applicant. ‘(2) The chief executive must refund to an applicant an amount paid under the requirement if— (a) the chief executive refuses the application without asking for the report; or (b) the applicant withdraws the application before the chief executive asks for the report. ‘(3) In this section— applicant includes proposed applicant.’. 71 Amendment of s 27 (Destruction of criminal history report) (1) Section 27, heading, before ‘criminal’— insert— ‘ written ’. 2008 Act No. 69 Page 33

Justice (Fair Trading) Legislation Amendment Act 2008 Part 10 Amendment of Retirement Villages Act 1999 [s 72] (2) Section 27(1), before ‘criminal’— insert— ‘written’. 72 Amendment of s 61 (Becoming a service provider) (1) Section 61(2)(f)— omit, insert— ‘(f) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 24A(1)—the amount of the costs required to be paid.’. (2) Section 61— insert— ‘(8) A requirement mentioned in subsection (2)(f)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. Part 10 Amendment of Retirement Villages Act 1999 73 Act amended in pt 10 and schedule This part and the schedule amend the Retirement Villages Act1999. Page 34 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 10 Amendment of Retirement Villages Act 1999 [s 74] 74 Amendment of s 27 (Application for registration of a retirement village scheme) (1) Section 27(2)(c)— omit, insert— ‘(c) the application fee prescribed under a regulation; and (d) if, before or when the application is made, the chief executive requires the payment of costs under section 88AA(1)—the amount of the costs required to be paid.’. (2) Section 27— insert— ‘(3) A requirement mentioned in subsection (2)(d) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. 75 Amendment of s 88A (Investigations about scheme operators etc.) (1) Section 88A(1), ‘written’— omit. (2) Section 88A— insert— ‘(4) If the criminal history of the person includes a conviction recorded against the person, the commissioner’s report must be written.’. 76 Insertion of new s 88AA After section 88A— insert— ‘88AA Costs of criminal history report ‘(1) The chief executive may require an applicant for the registration of a retirement village scheme to pay the 2008 Act No. 69 Page 35

Justice (Fair Trading) Legislation Amendment Act 2008 Part 10 Amendment of Retirement Villages Act 1999 [s 77] reasonable, but no more than actual, costs of obtaining a report under section 88A about the applicant. ‘(2) The chief executive must refund to the applicant an amount paid under the requirement if— (a) the chief executive refuses the application without asking for the report; or (b) the applicant withdraws the application before the chief executive asks for the report. ‘(3) In this section— applicant includes proposed applicant.’. 77 Amendment of s 88B (Criminal history is confidential document) (1) Section 88B, heading— omit, insert— ‘88B Confidentiality of criminal history’. (2) Section 88B(3), ‘the report’— omit, insert— ‘a written report about a person’s criminal history’. 78 Amendment of s 90C (Responsibility of former resident for capital improvement) Section 90C, ‘stops being responsible, under section 104(3)’— omit, insert — ‘ceases to be liable, under section 104(2)(b)’. Page 36 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 11 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 79] Part 11 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 79 Act amended in pt 11 This part amends the Second-hand Dealers and PawnbrokersAct 2003 . 80 Amendment of s 8 (Investigations about suitability of applicants and licensees) (1) Section 8(2), ‘written’— omit. (2) Section 8— insert— ‘(5) If the criminal history of the person includes a conviction recorded against the person, the commissioner’s report must be written.’. 81 Insertion of new s 8A After section 8— insert— ‘8A Costs of criminal history report ‘(1) The chief executive may require an applicant or licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 8 about— (a) the applicant or licensee; or (b) an associate of the applicant or licensee. ‘(2) The chief executive must refund to an applicant an amount paid under the requirement if— (a) the chief executive refuses the application without asking for the report; or 2008 Act No. 69 Page 37

Justice (Fair Trading) Legislation Amendment Act 2008 Part 11 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 82] (b) the applicant withdraws the application before the chief executive asks for the report. ‘(3) In this section— applicant includes proposed applicant.’. 82 Amendment of s 9 (Criminal history is a confidential document) (1) Section 9, heading— omit, insert— ‘9 Confidentiality of criminal history’. (2) Section 9(3), ‘the report’— omit, insert— ‘a written report about a person’s criminal history’. 83 Amendment of s 10 (Application for licence) (1) Section 10(2)(c)— omit, insert— ‘(c) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A(1)—the amount of the costs required to be paid.’. (2) Section 10— insert— ‘(3) A requirement mentioned in subsection (2)(c)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. Page 38 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 11 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 84] 84 Amendment of s 13 (Renewal of licence) (1) Section 13(2)(d)— omit, insert— ‘(d) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A(1)—the amount of the costs required to be paid.’. (2) Section 13— insert— ‘(3) A requirement mentioned in subsection (2)(d)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. 85 Amendment of s 14 (Restoration of licence) (1) Section 14(2)(d)— omit, insert— ‘(d) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A(1)—the amount of the costs required to be paid.’. (2) Section 14— insert— ‘(3) A requirement mentioned in subsection (2)(d)(ii) is sufficiently made of the applicant if it is made generally of 2008 Act No. 69 Page 39

Justice (Fair Trading) Legislation Amendment Act 2008 Part 12 Amendment of Security Providers Act 1993 [s 86] applicants in the approved form or notified on the department’s web site.’. 86 Amendment of s 19 (Grounds for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence) Section 19(1)(a), from ‘licence’ to ‘incorrect’— omit, insert— ‘licence, or a renewal or restoration of the licence, was obtained because of materially incorrect’. Part 12 Amendment of Security Providers Act 1993 87 Act amended in pt 12 This part amends the Security Providers Act 1993 . 88 Amendment of s 10 (Application) (1) Section 10— insert— ‘(2A) If, before or when the application is made, the chief executive requires the payment of costs under section 12AA(1), the application must also be accompanied by the amount of the costs required to be paid. ‘(7) A requirement mentioned in subsection (2A) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. 89 Amendment of s 11 (Entitlement to licences—individuals) (1) Section 11(5), from ‘convicted of’— Page 40 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 12 Amendment of Security Providers Act 1993 [s 90] omit, insert — ‘a disqualifying offence.’. (2) Section 11(6), definition relevant offence , from ‘offence,’ to ‘Queensland,’— omit, insert — ‘offence’. (3) Section 11(6), definitions relevant offence and unrecorded finding of guilt — relocate to schedule 2. 90 Insertion of new s 12AA After section 12— insert— ‘12AA Costs of criminal history report ‘(1) The chief executive may require an applicant or licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 12 about— (a) the applicant or licensee; or (b) if the applicant or licensee is a corporation—an officer of the corporation; or (c) if the applicant or licensee is a partnership—a partner in the partnership. ‘(2) The chief executive must refund to an applicant an amount paid under the requirement if— (a) the chief executive refuses the application without asking for the report; or (b) the applicant withdraws the application before the chief executive asks for the report. ‘(3) In this section— applicant includes proposed applicant.’. 2008 Act No. 69 Page 41

Justice (Fair Trading) Legislation Amendment Act 2008 Part 12 Amendment of Security Providers Act 1993 [s 91] 91 Amendment of s 20 (Renewal of licence) (1) After section 20(1)— insert— ‘(1A) If, before or when the application is made, the chief executive requires the payment of costs under section 12AA(1), the application must be accompanied by the amount of the costs required to be paid.’. (2) Section 20— insert— ‘(6) A requirement mentioned in subsection (1A) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. 92 Amendment of s 21 (Grounds for suspension, cancellation or refusal to renew) Section 21(1)(a), from ‘licence’ to ‘incorrect’— omit, insert— ‘licence, or a renewal of the licence, was obtained because of materially incorrect’. 93 Insertion of new pt 6 After part 5— insert — ‘Part 6 Declaratory provision ‘64 Declaratory provision for s 29 ‘(1) To remove any doubt, it is declared that the amending provision had effect, on the commencement, to omit section 29 as in force immediately before the commencement and to insert section 29 as set out in the amending provision. Page 42 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 12 Amendment of Security Providers Act 1993 [s 94] ‘(2) In this section— amending provision means the SecurityProvidersAmendment Act 2007 , section 27. commencement means the commencement of the amending provision.’. 94 Amendment of sch 1, pt 1 (Existing provisions) (1) Schedule 1, part 1— insert — ‘9A Chapter 33A (Unlawful stalking)’. (2) Schedule 1, part 1, item 5, ‘Suicide—Concealment’— omit, insert — ‘suicide—concealment’. (3) Schedule 1, part 1, item 12, ‘Extortion’— omit, insert — ‘extortion’. (4) Schedule 1, part 1, item 15, after ‘Receiving’— insert — ‘property’. 95 Amendment of sch 2 (Dictionary) Schedule 2, definition disqualifying offence — omit, insert — ‘ disqualifying offence — (a) means an offence— (i) under the Weapons Act 1990 that is punishable by imprisonment for 1 year or more, even if a fine may be imposed in addition or as an alternative; or 2008 Act No. 69 Page 43

Justice (Fair Trading) Legislation Amendment Act 2008 Part 13 Amendment of Tourism Services Act 2003 [s 96] (ii) under the DrugsMisuseAct1986 that is punishable by imprisonment for 1 year or more, even if a fine may be imposed in addition or as an alternative; or (iii) against a provision of the CriminalCode mentioned in schedule 1; or (iv) against the Police Service Administration Act 1990 , section 10.19(b), (c), (d), (e) or (f); and (b) includes an act or omission committed outside Queensland that would be a disqualifying offence if committed in Queensland.’. Part 13 Amendment of Tourism Services Act 2003 96 Act amended in pt 13 This part amends the Tourism Services Act 2003 . 97 Omission of s 11 (Notes in text) Section 11— omit. 98 Amendment of s 15 (Inquiries about applicant’s suitability to hold registration) (1) Section 15(2), ‘written’— omit. (2) Section 15(4) and (5)— renumber as section 15(5) and (6). Page 44 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 13 Amendment of Tourism Services Act 2003 [s 99] (3) Section 15— insert— ‘(4) If the criminal history of the applicant or the named associated person includes a conviction recorded against the applicant or the named associated person, the commissioner’s report must be written.’. 99 Insertion of new s 15A Part 3, division 2— insert— ‘15A Costs of criminal history report ‘(1) The chief executive may require an applicant to pay the reasonable, but no more than actual, costs of obtaining a report under section 15 about the applicant or an associated person of the applicant. ‘(2) The chief executive must refund to the applicant an amount paid under the requirement if— (a) the chief executive refuses the application without asking for the report; or (b) the applicant withdraws the application before the chief executive asks for the report. ‘(3) In this section— applicant includes proposed applicant.’. 100 Amendment of s 20 (Application for registration) (1) Section 20(2)(c)— omit, insert — ‘(c) be accompanied by— (i) the application fee prescribed under a regulation; and 2008 Act No. 69 Page 45

Justice (Fair Trading) Legislation Amendment Act 2008 Part 13 Amendment of Tourism Services Act 2003 [s 101] (ii) the registration issue fee prescribed under a regulation; and (iii) if, before or when the application is made, the chief executive requires the payment of costs under section 15A(1)—the amount of the costs required to be paid.’. (2) Section 20— insert— ‘(7) A requirement mentioned in subsection (2)(c)(iii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. 101 Amendment of s 22 (Application for renewal of registration) (1) Section 22(2)(c)— omit, insert — ‘(c) be accompanied by— (i) the registration renewal fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 15A(1)—the amount of the costs required to be paid.’. (2) Section 22— insert— ‘(7) A requirement mentioned in subsection (2)(c)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. Page 46 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 14 Amendment of Travel Agents Act 1988 [s 102] 102 Amendment of s 82 (Grounds for starting disciplinary proceedings) Section 82(1)(b), after ‘registration’— insert— ‘, or a renewal of registration,’. Part 14 Amendment of Travel Agents Act 1988 103 Act amended in pt 14 and schedule This part and the schedule amend the Travel Agents Act 1988 . 104 Amendment of s 6 (Definitions) Section 6— insert — ‘ criminal history , of a person, means a person’s criminal history as defined under the Criminal Law (Rehabilitation ofOffenders) Act 1986 , other than spent convictions. spent conviction means a conviction— (a) for which the rehabilitation period under the CriminalLaw (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act.’. 105 Amendment of s 14 (Application for a licence) (1) Section 14(1)(c)— omit, insert — ‘(c) be accompanied by— 2008 Act No. 69 Page 47

Justice (Fair Trading) Legislation Amendment Act 2008 Part 14 Amendment of Travel Agents Act 1988 [s 106] (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 15B(1)—the amount of the costs required to be paid.’. (2) Section 14— insert— ‘(6) A requirement mentioned in subsection (1)(c)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.’. 106 Insertion of new ss 15A–15C After section 15— insert — ‘15A Investigation of applicants ‘(1) The commissioner may make investigations about a person to help the commissioner decide whether the person— (a) is a fit and proper person for the grant of an application for registration, or renewal of registration; or (b) continues to be a fit and proper person. ‘(2) Without limiting subsection (1) or section 15, the commissioner may ask the commissioner of the police service for a report about the criminal history of the person. ‘(3) If the criminal history of the person includes a conviction recorded against the person, the commissioner’s report must be written. Page 48 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Part 14 Amendment of Travel Agents Act 1988 [s 106] ‘15B Costs of criminal history report ‘(1) The commissioner may require a person mentioned in section 15A(1) to pay the reasonable, but no more than actual, costs of obtaining a report under section 15A about the person. ‘(2) The commissioner must refund to a person who is an applicant an amount paid under the requirement if— (a) the commissioner refuses the application without asking for the report; or (b) the person withdraws the application before the commissioner asks for the report. ‘15C Confidentiality of criminal history ‘(1) A public service employee performing functions under this Act must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 15A. Maximum penalty—100 penalty units. ‘(2) However, the person does not contravene subsection (1) if— (a) disclosure of the report or information to someone else is authorised by the commissioner to the extent necessary to perform a function under or in relation to this Act; or (b) the disclosure is otherwise required or permitted by law. ‘(3) The commissioner must destroy a written report about a person’s criminal history as soon as practicable after it is no longer needed for the purpose for which it was requested.’. 2008 Act No. 69 Page 49

Justice (Fair Trading) Legislation Amendment Act 2008 Part 15 Other minor amendments [s 107] Part 15 Other minor amendments 107 Acts amended in schedule (1) The schedule amends the Acts it mentions. (2) However, subsection (1) does not apply in relation to a particular Act if another provision of this Act states that the schedule amends the particular Act. Page 50 2008 Act No. 69

Schedule Justice (Fair Trading) Legislation Amendment Act 2008 Schedule Minor amendments sections 3, 11, 66, 73, 103 and 107(1) Body Corporate and Community Management Act 1997 1 Chapter 3, part 2, division 6, heading— omit . 2 Section 293, before ‘the Uniform Civil Procedure Rules 1999 ’— insert — ‘(a)’. 3 Section 294(1)(c), ‘direction’— omit, insert — ‘directions’. 4 Schedule 1A, heading, after ‘section 101B and’— insert — ‘schedule 6,’. Building Units and Group Titles Act 1980 1 Part 7, heading, ‘provisions’— omit, insert — ‘ provision ’. 2008 Act No. 69 Page 51

Justice (Fair Trading) Legislation Amendment Act 2008 Schedule Commercial and Consumer Tribunal Act 2003 1 Section 156, heading, ‘pt 9’— omit, insert— ‘div 1’. 2 Section 156, ‘In this part’— omit, insert— ‘In this division’. 3 Schedule 2, definition public examination , ‘division 4’— omit, insert — ‘division 3’. Liens on Crops of Sugar Cane Act 1931 1 Section 25, heading, ‘Regulations’— omit, insert — ‘ Regulation-making power ’. Residential Services (Accreditation) Act 2002 1 Section 4(5)(i), ‘; or’— omit, insert — ‘;’. Page 52 2008 Act No. 69

Justice (Fair Trading) Legislation Amendment Act 2008 Schedule Retail Shop Leases Act 1994 1 Section 116(4), after ‘reasonable’, first mention— insert — ‘and’. Retirement Villages Act 1999 1 Section 53(3), ‘terminated on the’— omit, insert — ‘terminated’. 2 Section 194(2)(a), ‘; or’— omit, insert — ‘;’. 3 Section 210(1)(b), ‘ District Court Act 1967 ’— omit, insert — ‘ District Court of Queensland Act 1967 ’. 4 Schedule, definitions conviction and relevant conviction , after ‘ conviction’ — insert — ‘,’. 2008 Act No. 69 Page 53

Justice (Fair Trading) Legislation Amendment Act 2008 Schedule 5 Schedule, definition insolvent under administration , ‘for part 5, division 1’— omit, insert — ‘, for part 5, division 1,’. Travel Agents Act 1988 1 Sections 9(2)(a) and (b), 26(3)(a) and 36(1)(a), after ‘;’— insert — ‘or’. 2 Section 56, ‘In’— omit, insert — ‘Each of the following applies in’. © State of Queensland 2008 Page 54 2008 Act No. 69