Small Claims Tribunals Act Amendment Act 1974 (Qld)

301 ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 30 of 1974 An Act to amend the Small Claims TribunalsAct 1973 in certain particulars [ASSENTED TO 2ND MAY, 1974] 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 Small Claims Tribunals Act Amendment Act 1974. (2) The Small Claims Tribunals Act 1973 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Small ClaimsTribunalsAct1973-1974. 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) inserting after the definition " contract " the following definition:- " " goods " includes everything that is the subject of trade or manufacture or merchandise.";

302 Small Claims Tribunals Act Amendment Act 1974, No. 30 (b) omitting the definition " small claim " and substituting the following definition:- small claim " means- (a) a claim for payment of money in an amount not exceeding $450: or (b) a claim for performance of work of a value not exceeding $450; or (c) a claim for relief from payment of money in an amount not exceeding $450, that in any case arises out of a contract for the supply of goods or the provision of services made between persons who, in relation to those goods or services, are a consumer on the one hand and a trader on the other, or (d) a claim for repayment of money in an amount not exceeding $450 held by or on behalf of a person to whom or on whose demand such money was paid by way of bond or security in connexion with a tenancy of any premises;"; (c) adding at the end thereof the following paragraph:- " For the purposes of this Act a person who in respect of.goods supplied or services provided by him would be a trader, but for this paragraph, shall not be a trader in respect of those goods or services if in supplying those goods or providing those services- (a) he acts in the exercise of a discipline that is not ordinarily regarded as being within the field of trade or commerce; or (b) he gives effect to the instructions of another who in providing those instructions acts in the exercise of a discipline that is not ordinarily regarded as being within the field of trade or commerce, and the goods supplied or the services provided are in all respects in accordance with those instructions.". 3. Amendment of s. 5 . Section 5 of the Principal Act is amended by adding the following paragraph:- "A person appointed as a referee may hold that office in conjunction with any other office held by him in the Public Service of Queensland.". 4. Amendment of s. 20 . Section 20 of the Principal Act is amended by in subsection (2)- (a) omitting the word " or " where it occurs between provisions (b) and (c); (b) inserting after provision (b) the following provision and word:- (c) in the case of a claim for relief from payment of money, (i) an order that money in an amount specified is not due or owing by the claimant to a person specified in the order; (ii) an order that requires the claimant to pay money to a person specified in the order; or "; (c) designating the existing provision (c) as provision (d). 5. Amendment of s. 21 . Section 21 of the Principal Act is amended by inserting after the expression " $450 " where it secondly occurs the words " or that purports to grant relief from payment of money in an amount exceeding $450 ".

Small Claims Tribunals Act Amendment Act 1974, No. 30 303 6. Amendment of s. 25. Section 25 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1) and, in provision (b) of that subsection, inserting after the words " of the claimant " the words " and the nature of the claim and the circumstances giving rise to it "; (b) adding the following subsection:- " (2) At any time when the case requires it, whether before or after a time arranged by him pursuant to provision (b) of subsection (1), the registrar may arrange another time, at the same place or at another place, for the initial proceeding in relation to a claim and, if he does so, shall cause notice to be given as prescribed by that provision.". 7. Amendment of s. 31 . Section 31 of the Principal Act is amended by adding the following subsection:- " (3) Where at a time and place to which a proceeding is adjourned a referee is or was not present or where it appears that a referee will not be present at a time and place to which a proceeding is adjourned the registrar may, by notice given to every party to the proceeding, adjourn the proceeding to another time, at the same place or at another place, whereupon the proceeding shall be taken to be duly adjourned accordingly.".