Pyramid Selling Schemes (Elimination) Act Amendment Act 1986 (Qld)

499 ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 33 of 1986 An Act to amend the Pyramid Selling Schemes ( Elimination) Act 1973-1981 in certain particulars and for related purposes [ASSENTED TO 27TH AUGUST, 1986]

500 Pyramid Selling Schemes (Elimination) Act Amendment Act 1986, No. 33 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 Pyramid Selling Schemes (Elimination) Act Amendment Act 1986. (2) In this Act the Pyramid Selling Schemes (Elimination) Act1973-1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Pyramid Selling Schemes (Elimination) Act 1973-1986. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Amendment of s. 4. Definitions . Section 4 of the Principal Act is amended in subsection (1) by- (a) omitting the definition "committee"; (b) inserting after the definition "pyramid selling scheme" the following definition:- "Registrar" means the Registrar of Commercial Acts, Brisbane appointed under the Administration of Commercial Laws Act 1962-1981 or any of the Deputy Registrars of Commercial Acts, Brisbane appointed under that Act;". 4. Repeal of s. 9. Constitution of committee . Section 9 of the Principal Act is repealed. 5. Amendment of s. 10 . Function of committee . Section 10 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word "committee" and substituting the word "Registrar"; (b) omitting the expression "(1)"; (c) in the first paragraph- (i) omitting the words "the function" and substituting the words "a function"; (ii) omitting the word "committee" where twice occurring and substituting the word "Registrar" in each case; (iii) omitting the word "its" and substituting the words "the Minister's"; (d) in provision (b), omitting the word "committee" and substituting the word "Registrar";

Pyramid Selling Schemes (Elimination) Act Amendment Act 1986, No. 33 501 (e) in provision (c)- (i) omitting the word "it" where twice occurring and substituting the word "he" in each case; (ii) omitting the word "itself" and substituting the word "himself"; (f) in provision (d), omitting the word "it" and substituting the word "him"; (g) in provision (e), omitting the word "its" and substituting the word "his"; (h) omitting subsection (2). 6. Repeal of s. 11. Validity of committee ' s acts. Section 11 of the Principal Act is repealed. 7. Repeal of s. 12 . Business of committee . Section 12 of the Principal Act is repealed. 8. Amendment of s. 13. Committee ' s power to prohibit pyramid selling schemes . Section 13 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word "Committee 's" and substituting the word "Minister's"; (b) in subsection (1)- (i) omitting the word "committee" and substituting the word "Minister"; (ii) omitting the word "its" where twice occurring and substituting the word " his" in each case; (c) in subsection (2)- (i) omitting the words "committee, in its order" and substituting the words "Minister, in his order"; (ii) omitting the word "it" where thrice occurring and substituting the word "he" in each case; (d) in subsection (3), omitting the word "committee" where twice occurring and substituting the word "Minister" in each case; (e) in subsection (4)- (i) in the first paragraph, omitting the words "making a prohibition order under this section the committee" and substituting the words "the Minister makes a prohibition order under this section the Minister"; (ii) in the second paragraph, omitting the words "committee why the order should not be made the committee may proceed to exercise the power conferred on it" and substituting the words "Minister why the order should not be made the Minister may proceed to exercise the power conferred on him".

502 Pyramid Selling Schemes ( Elimination) Act Amendment Act 1986, No. 33 (iii) in provision (b), omitting the words "chairman of the committee" and substituting the word "Minister". 9. Amendment of s. 14 . Revocation of prohibition order. Section 14 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "committee" where twice occurring and substituting the word "Minister" in each case; (ii) omitting the words "it" and "its" and substituting the words "him" and "his" respectively; (b) in subsection (2)- (i) omitting the word "committee" and substituting the word "Minister"; (ii) omitting the word "it" and substituting the word "him"; (iii) omitting the word "committee's" and substituting the word "Minister's". 10. Amendment of s. 15. Publication of orders of committee . Section 15 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word "committee " and substituting the word " Minister"; (b) in subsection (2), omitting the words "committee may, by such means as it thinks fit, give such notice of any order made by it as it" and substituting the words "Minister may, by such means as he thinks fit, give such notice of any order made by him as he"; (c) in subsection (3)- (i) omitting the words "committee thinks it desirable so to do, it may cause a copy of any order made by it" and substituting the words "Minister thinks it desirable so to do, he may cause a copy of any order made by him"; (ii) in provision (b), omitting the words "chairman of the committee" and substituting the word "Minister". 11. Amendment of s. 16. Appeal against committee ' s prohibition order. Section 16 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word "committee's" and substituting the word "Minister's"; (b) in subsection (1), omitting the word "committee" and substituting the word "Minister"; (c) in subsection (2), omitting the word "committee" and substituting the word "Minister".

Pyramid Selling Schemes ( Elimination) Act Amendment Act 1986, No. 33 503 12. Amendment of s. 17. Offence of participating in prohibited scheme . Section 17 of the Principal Act is amended in subsection (1) by omitting the word "committee" and substituting the word "Minister". 13. Amendment of s. 18 . Proceedings for offences . Section 18 of the Principal Act is amended by adding after subsection (2), the following subsections:- "(3) In any proceeding for an offence against this Act any complaint under the Justices Act 1886-1985 may be made only- (a) by the Registrar; or (b) by a person authorized in writing by the Minister. (4) The authority of a person to make a complaint referred to in subsection (3) shall be presumed until the contrary is proved.". 14. Repeal of s. 21 . Use by committee of agents and reports . Section 21 of the Principal Act is repealed. 15. Amendment of s. 23. Powers in aid of committee . Section 23 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word "committee" and substituting the word " Registrar"; (b) in subsection (1), omitting the words "is acting under the authority of or in aid of the committee" and substituting the words "and is acting under the authority of or in aid of the Registrar". 16. Amendment of s. 24 . Obstruction of committee ' s agents . Section 24 of the Principal Act is amended in the note appearing in and at the beginning of the section, by omitting the word "committee's" and substituting the word "Registrar's". 17. Amendment of s. 25 . Proof and evidentiary effect of committee's orders. Section 25 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word " committee 's" and substituting the word " Minister's"; (b) in subsection (1)- (i) omitting the words "order of the committee" where twice occurring and substituting the words "order of the Minister" in each case; (ii) omitting the words "chairman or acting chairman of the committee" and substituting the word "Minister"; (c) in subsection (2), omitting the word "committee" and substituting the word "Minister"; (d) in subsection (3), omitting the word "committee" and substituting the word "Minister".

504 Pyramid Selling Schemes ( Elimination) Act Amendment Act 1986, No. 33 18. Amendment of s. 26 . Evidentiary provisions . Section 26 of the Principal Act is amended by- (a) in provision (a) (i), omitting the words "chairman or acting chairman of the committee" and substituting the words "Minister or the Registrar"; (b) in provision (a) (ii), omitting the words "chairman or acting chairman or any member of the committee" and substituting the words "Minister or the Registrar". 19. Amendment of s. 27. Protection relating to administration of Act. Section 27 of the Principal Act is amended by omitting the words "any member of the committee or by anyone acting in aid of or under the authority of the committee" and substituting the words "the Minister or the Registrar or by anyone acting in aid of or under the authority of the Minister or the Registrar". 20. Amendment of s. 28 . Implied terms in agreements concerning schemes. Section 28 of the Principal Act is amended in subsection (1) by- (a) in provision (a), omitting the word "committee" and substituting. the word "Minister"; (b) in provision (b), omitting the word "committee" and substituting the word "Minister". 21. Amendment of s. 29. Regulations . Section 29 of the Principal Act is amended by- (a) in provision (a), omitting the word "committee" and substituting the words "Minister or the Registrar"; (b) in provision (b), omitting the word "committee" and substituting the word "Minister". 22. Termination of membership of members of committee. The membership of the members of the Pyramid Selling Schemes Elimination Committee is terminated. 23. Savings and transitional . An order or notice made or given by the Pyramid Selling Schemes Elimination Committee prior to the commencement of this Act shall be taken to be an order or notice made or given by the Minister under the Principal Act as amended by this Act.